North Salem City Zoning Code
ARTICLE XV
Administration and Enforcement
§ 250-81 Designation of enforcing officials; powers and duties.
This chapter shall be enforced by a Building Inspector who shall be the Zoning Enforcement Officer of the Town of North Salem and one or more Assistant Building Inspectors, as the Town Board may appoint and deem necessary (hereinafter collectively referred to throughout this chapter as the "Building Inspector"). It shall be the duty of the Building Inspector and he is hereby empowered to:
A.
Inspect any building, structure or land to determine whether any violation of this chapter, New York State Uniform Fire Prevention and Building Code or such other laws, rules and regulations as he shall be chargeable with inspection or enforcement of, has been committed or exist, whether or not such building, structure or land is occupied, whether such occupancy is in conformity with all of the applicable laws, rules and regulations, whether or not a certificate of occupancy or use has been issued, whether or not occupancy is in conformity with the aforesaid certificates or such other certificates as the Building Inspector shall issue and otherwise generally inspect and enforce all of the laws, rules and regulations relating or affecting lots, buildings or structures and their use and occupancy and have all of the powers provided for under § 138 of the Town Law of the State of New York.
B.
Issue such permits and certificates in conformity with the laws. rules and regulations of the State of New York and of this chapter and to refuse to issue the same in the event of noncompliance, which reason therefor shall be endorsed on the application and notice thereof given to the applicant, as is provided in this chapter.
C.
Keep the Town Board advised of all matters, as the Town Board shall determine, relating to the enforcement of this chapter and the appropriate laws, rules and regulations; make and keep all records necessary and appropriate to the office, including the issuance and denial of building permits, certificates of occupancy and/or uses, of formal complaints of violation and the action taken on same; and keep a record of all permits, certificates of occupancy or use issued that shall be available for public inspection.
D.
Issue and post notices of violations, stop orders and orders directing the remedying of any condition or omission that is or creates a violation of this chapter or other applicable laws, rules and regulations and revoke building permits, certificates of occupancy and certificates of use.
E.
Make such inspections and reports as shall be required by the Town Board for the enforcement, amendment or addition to this chapter or rules and regulations thereunder.
F.
Apply to the Town Board for authorization to perform such other actions or duties as may be necessary or required to enforce any authority or to invoke any penalty for the violation of this chapter and its rules and regulations.
G.
Have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this chapter or for any order of the Building Inspector.
§ 250-82 Adoption of state standards by reference.
The New York State Building Construction Code was adopted by the Town Board, and its successor, the New York State Uniform Fire Prevention and Building Code, is hereby adopted and recognized as the official Building Construction Code of the Town for the purposes set forth therein and as it may be amended from time to time.
§ 250-83 Granting of building permits and certificates of occupancy.
No building permit or certificate of occupancy shall be issued unless the proposed construction or use is in conformance with all the provisions of this chapter and other applicable laws.
§ 250-84 Violations of orders.
Any person who shall violate any order of the Building Inspector, issued under this chapter, shall be deemed to have violated this chapter.
§ 250-85 Building permit required.
A building permit is required for:
A.
The construction, reconstruction, moving, demolition, structural alteration or change in the use of a building or a structure, which shall include the installation of solar energy collectors and satellite dish antennas.
B.
Any change in the bulk of a building, structure or nonbuilding use, but not including ordinary repairs which are not structural in nature.
§ 250-86 Application procedure.
A.
Application for a building permit shall be made to the Building Inspector, on forms provided by him, and shall contain the following information and shall be accompanied with the following documents and material as may be required by the Building Inspector:
(1)
Each application shall contain the following information:
(a)
A description, agreeing with the Tax Map of the Town of North Salem, of the land on which the proposed work is to be done.
(b)
A statement of the use or occupancy of all parts of the land and of the building or structure.
(c)
The valuation of the proposed work.
(d)
The full name and address of the owner and of the applicant, including the names and addresses of each officer and director of any corporation as is deemed necessary.
(e)
A brief description of the nature of the proposed work.
(2)
Each application for a building permit shall be accompanied by plans and specifications, including plot plans as required drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from plot lines, widths and grades of adjoining streets, walks and alleys and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, if construction is over $10,000 in value, the architect's or engineer's signature and New York State license number.
(3)
Application shall be made by the owner or lessee, or agent of either or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
(4)
Any amendment to the application or to the plans and specifications accompanying same must be filed and approved by the Building Inspector prior to the completion of the work, and such amendments shall comply with the provisions of this chapter. The refusal of such an amendment by the Building Inspector shall be in writing.
B.
The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He may obtain a determination from the Codes Division on any and all applications he feels require one. He shall approve or disapprove of the application within one month from the receipt of the completed application accompanied by all appropriate documents and fees or within one month from the receipt of a determination from the Codes Division.
(1)
Upon approval of the application, the Building Inspector shall issue a permit upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto and endorse the plans and specifications to show approval.
C.
One set of such approved plans and specifications shall be retained in the files of the Building Inspector for such time as shall be mandated by state law, but not less than two years. The applicant shall, at all times, keep one set of the approved plans and specifications, together with the building permit, at the building site and open to inspection by the Building Inspector at all reasonable times.
§ 250-87 Expiration of permits.
[Amended 11-12-2008 by L.L. No. 6-2008]
B.
Prior to the expiration of a permit and providing construction has commenced within the first year from the issuance of the building permit, but has not been completed, the holder of the permit may apply to the Building Inspector and pay a fee pursuant to Chapter 85, Fees, for an extension not to exceed one year.
C.
For an unexpired permit whereby all exterior work has been completed (e.g., drainage, finish grading and seeding/planting; exterior building finishes completed) but the improvement does not yet qualify for a certificate of occupancy or a certificate of compliance, the holder of the permit may apply for a second one-year extension. The fee for the second one-year extension may be found in Chapter 85, Fees.
D.
If work has not commenced within the first year of the issuance of a building permit, the building permit expires.
E.
Failure to complete the work within the time prescribed shall require that a new building permit application be filed and a new permit be issued before any work commences or continues.
§ 250-88 Revocation of permits.
The Building Inspector may revoke a building permit issued in any one of the following circumstances:
A.
That there has been a false statement or misrepresentation as to a material fact in the application, plans, specifications or other accompanying documents upon which the building permit was based.
B.
That the building permit was issued in error and should not have been issued in accordance with the applicable laws.
C.
That the holder or the applicant has failed to meet the requirements of an approved site development plan or subdivision plat or requirements of a special permit granted by the Town Board or Board of Appeals or the requirements of a conditional use approved by the Planning Board.
D.
That the work being performed under the permit is not in accordance with the provision of the application, the permit, the plans or specifications.
§ 250-89 Stop-work orders.
Whenever the Building Inspector shall determine that work on any building or structure is being or has been conducted in violation of any of the provisions of the State Building Code, state, federal, County or Town laws, rules and regulations or has failed to meet or violates any requirement of any approved site plan or subdivision plan, including but not limited to the required drainage, grade or elevation plans, sewer and septic plans, approved road profile plans and such other plans or specifications upon which a building permit was issued or that any work is being conducted in a dangerous or unsafe manner, then the Building Inspector shall notify the owner of the property or the owner's agent or the person performing the work to suspend and halt work. Such direction by the Building Inspector (a stop-work order) shall be in writing and delivered to the owner or the owner's agent or the person performing the work or affixed to any part of said structure. Such stop-work order shall state the reasons therefor and the conditions under which the work may be resumed. Should work continue in violation of the stop-work order, the Building Inspector may, without further notice, revoke the building permit and, if there is a certificate of occupancy or use, revoke the same.
§ 250-90 Certificates of occupancy and/or use.
A.
No building shall be used or occupied, in whole or in part, unless or until a certificate of use or a certificate of occupancy, as appropriate, shall have been issued by the Building Inspector and then only in conformity with said certificate(s).
B.
Temporary certificate of occupancy or use. A temporary certificate of occupancy or use for periods of 90 days, but not more than one year in the aggregate, for a building, structure or part thereof shall be issued before the entire work shall have been completed; provided, nonetheless, that such portion or portions for which the certificate is issued may be occupied safely. The Building Inspector shall require a cash deposit or an irrevocable letter of credit drawn on a bank and in a form satisfactory to the Town Attorney to insure and guarantee the completion of the structure. The Building Inspector shall determine the sum of said cash or letter of credit.
C.
No change shall be made in the use or occupancy of a building or structure unless a certificate of occupancy authorizing the change of use shall have been issued. A change in use shall include, but not be limited to, a change in or of the type, class, nature or scope of the goods, services or operation.
§ 250-91 Issuance of certificates of occupancy and/or use.
A.
A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies, for the purposes therein stated.
B.
Before issuing a certificate:
(1)
The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector an affidavit of the owner or the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought and that the structure has been erected in accordance with approved plans and as erected complies with this chapter and these regulations and the requirements of any approved subdivision, plat or site plan except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
(2)
The Building Inspector shall examine or cause to be examined all buildings, structures and sites for which the application has been filed.
C.
If the Building Inspector shall determine that the improvement, construction, etc., was made in conformity with the building permit, he shall issue a certificate of occupancy or use as the case may be.
§ 250-92 Revocation of certificates of occupancy and/or use.
If after the issuance of a certificate of occupancy and/or use, the Building Inspector shall determine that there has been a violation of § 250-90C or that there has been a violation or set of circumstances which would authorize the revocation of a building permit pursuant to § 250-88 or 250-89, the Building Inspector may revoke the certificate of occupancy or use that had been issued.
§ 250-93 Right of entry.
The Building Inspector or his authorized agent, upon the showing of proper credentials and in the discharge of his duties, may enter upon any land or building or structure at any reasonable hour, subject to all applicable laws.
§ 250-94 Penalties for offenses.
Any person who shall violate any provision of this chapter or who shall build or alter any structure or use any land in violation of any statement or plan submitted and approved thereunder or who shall knowingly assist therein shall be liable to a fine of not more than $250 or imprisonment not exceeding 10 days, or both such fine and imprisonment. Each day's continued violation shall constitute a separate and additional violation. In addition to the foregoing provisions, the Town shall have such other remedies for any violation or threatened violation of this chapter as is now or may hereafter be provided by law.
§ 250-95 Prosecution under statutory provisions.
Nothing contained herein shall be deemed to limit or prevent prosecution pursuant to the Multiple Residence Law or the Executive Law of the State of New York.
§ 250-96 Appeals from decisions of Building Inspector.
[Amended 5-14-1996 by L.L. No. 3-1996]
Whenever the Building Inspector, in his capacity as Zoning Enforcement Officer, shall approve or disapprove, act or fail to act or otherwise perform any of his duties or shall render a decision thereon, such decision shall be reviewable by appeal to the Board of Appeals from the Building Inspector's decision. Such appeal shall be taken not more than 60 days after the filing of the decision of the Building Inspector in the office of the Building Inspector.
§ 250-97 Approval of site development plans prior to issuance of building permit.
Where a site development plan is required by this chapter, no building permits shall be issued for any buildings or structures on the site until the site development plan has been approved in accordance with Article X of this chapter.
§ 250-97.1 Temporary construction and/or sales trailers.
[Added 5-14-1996 by L.L. No. 3-1996]
A building permit may be issued by the Building Inspector for the erection of a temporary construction trailer on a lot for which a building permit has been issued for a dwelling or commercial structure. A building permit may also be issued by the Building Inspector for the erection of a combined construction and sales trailer in connection with a residential subdivision of more than four lots; in such instances the trailer may be located on one lot within the subdivision and may be moved to other lots within the subdivision. The temporary construction and sales trailers shall be used only in connection with the construction activity on the individual lot, and only in connection with the construction and sales activity within the subdivision. Such trailer building permits shall be issued for a period not exceeding six months, but may be renewed for successive periods of not more than three months each, at the Building Inspector's discretion, if work on said construction is diligently progressing but not yet completed. A temporary construction trailer or a combined construction/sales trailer shall have a front yard measured from any public or private roadway to which the lot, on which the trailer is located, is adjacent equal to the front yard otherwise required in the zoning district in which the lot is located. A temporary trailer shall be removed from the lot on which it is located before a certificate of occupancy can be issued for any other structure on the lot. Any person applying for such a trailer permit shall post a bond in the sum of $5,000 or shall deposit $1,000 to guarantee the removal of the trailer when the permit has expired. The applicant shall furnish a valid certificate of insurance to the Town evidencing minimum liability coverage of $1,000,000 combined single limit liability insurance.