Phelps Town City Zoning Code
ARTICLE IX
Permits; Certificates of Occupancy
§ 145-44 General procedure.
General sequence of steps. All persons desiring to undertake any new construction, structural alteration or changes in the use of a building or lot shall apply to the Code Enforcement Officer for a building permit by filling out the appropriate application form and by submitting the required fee. The Code Enforcement Officer will then either issue or refuse the building permit or refer the application to the Board of Appeals. After the building permit has been received by the applicant, he/she may proceed to undertake the action permitted in the building permit and, upon completion of such action, shall apply to the Code Enforcement Officer for a certificate of occupancy. If the Code Enforcement Officer finds that the action of the applicant has been taken in accordance with the building permit, he/she will then issue a certificate of occupancy allowing the premises to be occupied.
Building permit types. Under the terms of this chapter, the following classes of building permits may be issued:
Permitted use. A building permit for a permitted use may be issued by the Code Enforcement Officer on his own authority.
Special uses. A building permit for a special use may be issued by the Code Enforcement Officer after review by the Planning Board and upon the order of the Board of Appeals.
Building permit after an appeal or a request for a variance. A building permit may be issued by the Code Enforcement Officer upon the order of the Board of Appeals and after a public hearing held by the Board of Appeals for the purpose of deciding upon the appeal or a request for a variance.
§ 145-45 Permit required.
[Amended 11-7-1988 by L.L. No. 6-1988]
No building or structure shall be erected, enlarged, structurally altered or moved until a building permit therefor has been issued by the Code Enforcement Officer, and no alterations to an existing building shall be made without a building permit, unless such alterations shall cost less than $10,000; not materially affect structural features; not affect fire-safety features such as smoke detectors, sprinklers, required fire separations and exits; not involve the installation or extension of electrical systems; and not include the installation of solid-fuel-burning heating appliances and associated chimneys for flues. No building permit or certificate of occupancy shall be issued for any building where said construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this Zoning Chapter or where any necessary Town Planning Board subdivision approval has not been granted. No zoning permit shall be issued by the Code Enforcement Officer except in conformity with the provisions of this chapter, unless he/she receives a written order from the Board of Appeals and/or Planning Board in the form of an administrative review, special use permit or variance as provided by this chapter.
§ 145-46 Contents of application.
There shall be submitted with all applications for building permits two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this chapter.
§ 145-47 Public record.
[Amended 10-3-1994 by L.L. No. 2-1994]
One copy of such layout or plot plan shall be returned, when approved by the Code Enforcement Officer, together with such permit to the applicant upon the payment of a fee as set forth in Chapter A157, Fees. The second copy with a copy of each application with accompanying plan shall become a public record after a permit is issued or denied.
§ 145-48 Water supply and sewage and disposal.
All water supply and sewage disposal installations shall conform with the New York State Department of Health regulations. No plot plan shall be approved by the Code Enforcement Officer in any zone unless such conformity is certified on the plan. Drainage affecting adjacent properties shall be considered by the Code Enforcement Officer before issuing a building permit, including possible runoffs to said properties.
§ 145-49 Issuance of permits.
Issuance.
It shall be the duty of the Code Enforcement Officer to issue a building permit, provided that he/she is satisfied that the structure, building, a sign, parking area of premises and the proposed use thereof conform with the requirements of this chapter, and that all other reviews and actions, if any, called for in this chapter or other provisions of the Municipal Code have been complied with and all necessary approvals secured therefor.
All building permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by this chapter, nor shall they perform building operations of any kind after notification of the revocation of said building permit.
Denial of permits. When the Code Enforcement Officer is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he/she shall refuse to issue a building permit, and the applicant may appeal to the Board of Appeals for a reversal of the Code Enforcement Officer's decision.
§ 145-50 Expiration.
A building permit shall expire after one year if the applicant fails to implement his application as filed with the Code Enforcement Officer.
§ 145-51 Revocation of permits.
[Amended 10-3-1994 by L.L. No. 2-1994]
If it shall appear, at any time, to the Code Enforcement Officer that the application or accompanying plot is in any material respect false or misleading, or the work being done upon the premises differs materially from what is called for in the application filed with him/her under the Municipal Code, existing laws or ordinances, he/she may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Code Enforcement Officer. After the building permit has been revoked, the Code Enforcement Officer, in his discretion, before issuing the new building permit may require the applicant to file an indemnity bond in the favor of the Town of Phelps with sufficient surety conditioned for compliance with this chapter, other provisions of the Municipal Code and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.
§ 145-52 Special uses.
All special use applications shall be accompanied by plans and such other information as may be required in this chapter.
§ 145-53 Certificate of occupancy.
[Amended 11-7-1988 by L.L. No. 6-1988]
No building erected subject to the New York State Uniform Fire Prevention and Building Code and this chapter shall be used or occupied until a certificate of occupancy has been issued. No building enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall be occupied unless a certificate of occupancy has been issued. No change shall be made in the nature of the occupancy of an existing building unless a certificate authorizing the change has been issued. The owner or his agent shall make application for a certificate of occupancy.
A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire six months from the date of issuance, but may be renewed an indefinite number of times.
No certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Code in the area intended for use and upon payment of the appropriate fee.
§ 145-54 Review of applications.
Referral from the Board of Appeals. The Board of Appeals shall refer to the Planning Board all applications for special uses and any other applications or appeals which, in its opinion, require review by the Planning Board.
Report to the Board of Appeals. The Planning Board may approve, disapprove or approve subject to conditions or modifications and shall report its findings to the Board of Appeals within 30 days of receipt thereof; such report shall state all recommended conditions and modifications and the reasons for such recommended approval or disapproval.
[Amended 10-3-1994 by L.L. No. 2-1994]