Newburgh City Zoning Code
ARTICLE III
Administration
§ 300-7 Administration and enforcement official.
A.
The provisions of this chapter shall be administered and enforced by the Building Inspector in accordance with the provisions established in Chapter 122, §§ 122-1 through 122-27 of the Code of the City of Newburgh. The Building Inspector shall be provided with the assistance of such other public officials and employees as the City Manager may direct.
B.
No building permit, certificate of occupancy or other permit or license shall be issued if it would be in conflict with the provisions of this chapter or Article I of Chapter 122, entitled "Administration and Enforcement of Uniform Code," or Chapter 172, entitled, "Fire Prevention," of the Code of the City of Newburgh, or any other applicable local, state, or federal law or regulation.
C.
In accordance with § 122-5 of the Code of the City of Newburgh, the Building Inspector may delegate, in writing, to such other officials the authority to perform inspections, review applications, issue notices of violation and issue permits and to enforce the provisions of this chapter. In the performance of such functions, these officials shall be responsible to the Building Inspector, and the Building Inspector shall be responsible for the work that they perform.
§ 300-8 Applicant's requirements.
In order to apply to the City Planning Board, Zoning Board of Appeals, or Architectural Review Commission, except as specifically provided for elsewhere in this chapter, the applicant must have a certain legal interest in that for which he/she is applying, which interest must be one of the following:
A.
Owner.
B.
Contract vendee/purchaser or holder of an option to purchase wherein the purchase agreement or option is binding and subject to cancellation based solely on the adjudication of the application.
C.
A verified agent of one of the above. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
§ 300-9 Schedule of fees; collection procedures.
The schedule of fees for applications made pursuant to this chapter shall be as specified in § 163-1, Schedule of Code fees, of the Code of the City of Newburgh. A copy of this schedule and the procedure for collecting those fees shall be available in the office of the Building Inspector.
§ 300-10 Escrow.
A.
Escrow deposits.
(1)
In accordance with Chapter 163 of the Code of Ordinances of the City of Newburgh, the reviewing board may require an applicant for a special use permit, site plan or subdivision approval, zoning amendment, variance, or other appeal to deposit an initial sum of money into an escrow account in advance of the review of the application. Said sum shall be based on the estimated cost to the City of reviewing the particular type of application before it. The reviewing board may also consider the City's survey of professional review expenses in determining the initial sum of money to be deposited in an escrow account by an applicant.
B.
Escrow funds.
(1)
In accordance with Chapters 158 and 163 of the Code of Ordinances of the City of Newburgh, escrow funds shall be used to cover the reasonable and necessary costs of reviewing an application. Costs may include staff costs or consultant fees for planning, engineering, legal, and other professional and technical services required for the proper and thorough review of an application. The reviews governed by this section shall include all environmental review pursuant to law, including review of the proposed action under the State Environmental Quality Review Act (SEQR).
(2)
The review expenses provided for herein are in addition to application or administrative fees required pursuant to other sections of the Code of the City of Newburgh. Funds deposited by applicants pursuant to this section shall not be used to offset the City's general expenses of professional services for the several boards of the City or its general administrative expenses.
(3)
Fees charged strictly as a result of a SEQR review shall in no event exceed the maximum amounts that can be charged pursuant to the SEQR regulations in 6 NYCRR 617.13, Fees and costs, of the State Environmental Quality Review Act.
(4)
Upon receipt of monies requested for an escrow account, the Building Inspector shall remit to the City Comptroller who shall cause such monies to be placed in a separate non-interest-bearing account in the name of the applicant/application and shall keep a separate record of all such monies deposited and the name of the applicant and project for which such sums were deposited.
(5)
Itemized vouchers shall be submitted to the City Comptroller for services rendered on behalf of the City regarding a particular application. After review and approval in accordance with § 300-10C, vouchers shall be paid out of the monies so deposited, and shall debit the separate record of such account accordingly.
C.
Review of vouchers; payment.
(1)
The Director of Planning and Development shall review and audit all such vouchers and shall approve payment of only such consultant charges as are reasonable in amount and necessarily incurred by the City in connection with the review and consideration of applications. In auditing the vouchers, the Director of Planning and Development may take into consideration the size, type and number of buildings to be constructed, the topography of the site at issue, environmental conditions at such site, the infrastructure proposed in the application and any special conditions the applicable Board (City Planning Board, Zoning Board, Architectural Review Board) may deem relevant.
(2)
In no event shall an applicant make direct payment to any consultant retained by the City to review applications.
D.
If at any time during the processing of an application there shall be insufficient monies within the established escrow account to pay the approved vouchers in full, or if it shall reasonably appear to the reviewing board that escrow funds will be insufficient to meet vouchers yet to be submitted, the reviewing board shall cause the applicant to deposit additional sums as the board deems necessary or advisable in order to meet such expenses or anticipated expenses.
E.
In the event the applicant fails to deposit the requested review fees into an escrow account, any application review, approval, permit or certificates of occupancy may be withheld or suspended by the reviewing board, officer or employee of the City until such monies are deposited.
F.
Upon completion of the review of an application or upon the withdrawal of an application, and after all fees already incurred by the City have been paid and deducted from the escrow account, any balance remaining in the escrow account shall be refunded within 60 days after the applicant's request.
§ 300-11 Building permits; certificates of occupancy; site plan approval.
A.
Building permit.
(1)
The Building Inspector shall issue building permits and certificates of occupancy where appropriate for buildings constructed or altered in accordance with the provisions of the Uniform Fire Prevention and Building Code. In the case of demolition, this permit shall be called a "demolition permit."
(2)
No building permits or certificates of occupancy shall be issued by the Building Inspector except where all the provisions of this chapter have been complied with.
(3)
No land shall be used or occupied and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy has been issued by the Building Inspector in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code.
B.
Site plan approval. Site plan approval from the City Planning Board shall be required for the conversion or change in use of any existing building, structure, or parcel of land as provided in § 300-31 and in accordance with the provisions for the overlay districts as provided in Articles VI and VII.
§ 300-12 Application for building permit.
A.
Applications for building permits shall be prepared and submitted in accordance with the regulations provided in the Uniform Fire Prevention and Building Code and any additional regulations provided in the relevant sections of the Code of the City of Newburgh.
B.
All applications required by this chapter shall be on such forms specified by the Building Inspector. All forms shall be available from, and returned to, the Building Inspector.
C.
Applications shall be accompanied by the additional information required by this chapter and that may also be indicated on the forms.
D.
Unless otherwise noted on the forms, or written direction from the Building Inspector, applications and supporting material shall be provided in hard copy in a number and size prescribed on the form and, optionally, as digital files.
E.
An application shall not be considered as submitted nor shall it be accepted and processed until the application, completely and correctly filled in, is accompanied by all the minimum basic information and the proper fee as established under this chapter.
F.
Process to obtain permits. The process to obtain necessary permits to erect, occupy, or change the use of a permitted structure or lot is as follows:
(1)
Any person intending to undertake new construction, structural alteration, or change in the use of a building or lot shall apply to the Building Inspector for a building permit by submitting the appropriate application form and paying the required fee. For rules governing changes of use, see § 300-31, and Articles XI and XII.
(2)
The Building Inspector shall grant or deny the permit as provided in § 300-12G, or refer the application to the City Planning Board if a special use permit and/or site plan approval is required in accordance with § 300-31.
(3)
If a building permit is issued, the applicant may proceed to undertake the action permitted. Upon completion of any construction, the applicant shall apply to the Building Inspector for a certificate of occupancy (for building permits only).
(4)
If the Building Inspector finds that the applicant's action has been taken in accordance with the building permit, the Building Inspector shall issue a certificate of occupancy as provided in § 300-13B, allowing the structure to be occupied.
(5)
If the Building Inspector denies a building permit application and does not refer the application to the City Planning Board, Zoning Board of Appeal or Architectural Review Commission, the applicant may appeal in accordance with the provisions of § 300-114.
G.
Action upon application.
(1)
The Building Inspector shall promptly review the application and approve or deny it, providing the reason for denial in writing. A copy of the approved or disapproved application shall be delivered or mailed to the applicant within a time frame not to exceed 30 working days of the submittal to the Building Inspector.
(2)
An application with the approval of the Building Inspector shall become effective when the Building Inspector has filed written approval of the permit application. A copy of the building permit shall be placed in the permanent file for the property.
H.
Invalid approval. No building permit shall be valid unless it complies with all provisions of this chapter. Any permit approved in violation of this chapter shall be void.
I.
Failure to complete construction.
(1)
In accordance with § 122-17, Duration of building permit; extensions, of the Code of the City of Newburgh, a building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each, provided that an application for extension is received at least 30 days prior to the expiration of such building permit.
(2)
Any structure for which a building permit has been issued which remains partially complete with no substantial progress over a six-month period shall be considered a violation of this chapter to be remedied pursuant to § 300-121.
J.
Termination of building permit. An approved building permit shall terminate and become void if there is no construction of the new use within six months of the date of approval.
K.
Withdrawal by applicant. In the event that it is determined by the applicant after the issuance of a building permit and payment of the required fee that the proposed construction is not desired and there is no intent to proceed with reference to the same, then and in that event a letter signed by the applicant, expressing his/her intention not to continue, shall be received by the Building Inspector.
§ 300-13 Certificates of occupancy.
No building or structure hereafter erected, constructed, enlarged, altered, or moved and no enlarged, extended, altered, or relocated portion of an existing building or structure shall be occupied or used until a certificate of occupancy has been issued by the Building Inspector, in accordance with the provisions of the Uniform Fire Prevention and Building Code, Chapter 172, Fire Prevention, of the Code of the City of Newburgh, this chapter, and any other applicable laws and regulations.
A.
Exception for minor alterations. No certificate of occupancy shall be required for any alteration of or ordinary repairs to an existing building or structure which is not structural in nature and which does not require a building permit pursuant to the provisions of this chapter, the Uniform Fire Prevention and Building Code, and Chapter 172, Fire Prevention, of the Code of the City of Newburgh.
B.
Issuance of a certificate of occupancy.
(1)
The Building Inspector shall examine the location of any new structures or improvements to existing structures and shall determine whether or not such new structures or improvements comply with the setbacks and other requirements of this chapter, including the terms and conditions of any site plan approval, special use permit, variance, subdivision approval, or conservation easement granted. The Building Inspector shall maintain complete records of the dates of inspections conducted hereunder, the names of all persons attending such inspections, the extent of completion of the work on each date, and any other observations relevant to determining compliance with this chapter.
(2)
After work has been completed, inspected, and found to be in full compliance with the building permit, the Building Inspector shall issue a certificate of occupancy. A copy of the certificate of occupancy shall be placed in the permanent property file for the property.
C.
Effective date of certificate of occupancy. A certificate of occupancy shall become effective upon filing in the permanent file for the property, together with the building permit and all previous applications and approvals granted.
D.
Before issuing a certificate of occupancy, the Building Inspector must confirm with the City Comptroller that all fees incurred by the City for the review and processing of said application have been paid and deducted from the escrow account. Only when confirmation that all fees have been paid can the Building Inspector issue the certificate of occupancy.
§ 300-14 Reapplication after denial.
A.
When an application has been duly processed and denied and no appeal has been made or when an appeal has been made but the body appealed to has sustained the denial, said application shall not be eligible for reconsideration for one year following such denial.
B.
A new application affecting all or part of the same property or use must be substantially different from the denied application to be eligible for consideration within one year of the denial of the original application.