Rye City Zoning Code
ARTICLE VII
Interpretation and Enforcement
§ 197-83 Interpretation and purpose.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements, adopted for the promotion of the public health, safety, morals, comfort, prosperity and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon heights of buildings, or requires larger yards, courts or other open spaces than are imposed or required by such existing provision of law or ordinance or by such rules or regulations or permits, the provision of this chapter shall control.
§ 197-84 Enforcement.
A.
Enforced by the Building Inspector. This chapter shall be enforced by the Building Inspector in accordance with the administrative provisions of the Building Code[1] and of this chapter, except in such provisions which provide for enforcement by other City officers or officials. No permit for excavation, construction or filling and/or dredging shall be issued by the City Clerk until the Building Inspector or other official or officer so designated is satisfied that the plan, specifications and intended use conform to the provisions of this chapter.
[Amended 10-18-1972 by Ord. No. 2-1972]
B.
Filing plans. All applications for building permits as required by the Building Code[2] shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the buildings and accessory buildings existing and the lines within which the building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or housekeeping units the building is designed to accommodate and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Building Inspector. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey and the lot shall be staked out on the ground before construction is started.
C.
Certificate of compliance.
[Amended 12-5-1984 by L.L. No. 17-1994; 6-18-1986 by L.L. No. 10-1986; 5-31-1995 by L.L. No. 8-1995; 12-17-1997 by L.L. No. 17-1997]
(1)
It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure, until a certificate of compliance shall have been issued by the Clerk upon the approval of the Building Inspector. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter.
(2)
Under such rules and regulations as may be established by the Building Inspector, a temporary certificate of compliance for a part of a building may be issued herein by the Clerk upon the approval of the Building Inspector.
(3)
Upon written request from the owner and payment by him of a fee, to be set by the City Council annually by resolution before adoption of the budget, the Clerk shall issue a certificate of occupancy, after inspection and approval by the Building Inspector, for any building or premises for which no certificate has been issued or no record of an application can be found, certifying the extent and kind of use or disposition of the building or premises and whether such use or disposition conforms to the provisions of this chapter.
[Amended 12-16-1998 by L.L. No. 14-1998]
(4)
No final certificate of compliance shall be issued for a structure, access to which is from a street or streets in a new subdivision, which street or streets has or have been or is or are to be constructed under a performance bond or other suitable security, unless the City Engineer has certified to the Building Inspector that the traveled way giving access to the structure or structures is suitable for general automobile and truck use and shall be kept suitable for such use. In addition to street or streets in said subdivision, there shall be included those street or streets adjacent or abutting, whether private or public, wherein the developer has or will have done any construction work in connection with said subdivision. Failure of the developer to proceed with remedial action necessary within 72 hours following written notice from the City Engineer shall be cause for the City Engineer to have the work done, the charges for which shall be applied against said performance bond or other security.
(5)
Waiver of penalties and fees and architectural review.
(a)
All penalties and additional fees arising from the failure to secure a building permit before the beginning of construction are waived, provided that the applicant shows by clear and convincing proof that:
[1]
The construction for which no permit was secured was for a modification or addition to a single-family or two-family residence;
[2]
The construction was completed either before January 1, 1985, or before the date on which the construction was entered in the City's assessment records; and
[3]
A building permit application for the project is filed before June 30, 1998.
(b)
Any building permit issued under this subsection based upon the work being completed before January 1, 1985, shall not require approval of the Board of Architectural Review.
D.
Pending applications for building permits. All permits for buildings or structures issued prior to the enactment of this chapter, including permits authorized by the Board of Appeals or the Planning Commission, which are contrary to the provisions of this chapter, shall be null and void unless substantial work has been done toward the construction of said building or structure, including completion of the ground story framework and the second tier of beams. If any of the above requirements shall not have been fulfilled within the time between the filing of the application and the enactment of this chapter, or if building operations are discontinued for a period of six months, any further construction shall be in conformity with the provisions of this chapter.
E.
Penalties. Any owner, lessee, architect or builder or the agent of any of them who violates or is accessory to the violation of any provision of this chapter, or fails, neglects or refuses to comply with any provision of this chapter or any rule, regulation, order or special direction duly made thereunder, shall, upon conviction thereof, be punished by a fine of not more than $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment, and each day such violation shall continue shall constitute a separate offense.
[Amended 1-7-1976 by Ord. No. 1-1976]
F.
Fees.
[Amended 4-15-1964 by Ord. No. 7-1964; 1-7-1976 by Ord. No. 1-1976; 12-5-1984 by L.L. No. 17-1984; 10-19-1988 by L.L. No. 16-1988; 4-4-1990 by L.L. No. 9-1990; 4-17-1991 by L.L. No. 5-1991; 12-18-1991 by L.L. No. 32-1991; 11-18-1992 by L.L. No. 15-1992; 12-16-1992 by L.L. No. 23-1992; 3-6-1996 by L.L. No. 1-1996; 12-18-1996 by L.L. No. 18-1996; 10-8-1997 by L.L. No. 15-1997; 12-16-1998 by L.L. No. 14-1998]
(1)
Upon the filing of an application for site development plans and uses subject to additional standards and requirements, fees shall be payable in connection with the following. The City Council shall set the fees annually by resolution before adoption of the budget:
(a)
Informal review of a new use or building.
(b)
Preliminary application for a new use or building. In the event that more than one public hearing is held, a fee shall be paid for each additional public hearing.
(c)
Final application for a new use or building. In the event that more than one public hearing is held, a fee shall be paid for each additional public hearing.
(d)
Application for modification of a preliminary approval requiring public hearing. In the event that more than one public hearing is held, a fee shall be paid for each additional public hearing. If the approval has expired, then the fee shall be the above fee plus that fee times the number of years or fraction thereof that have elapsed since the expiration of the approval.
(e)
Application for modification of a preliminary approval not requiring public hearing. If the approval has expired, then the fee shall be the above fee plus that fee times the number of years or fraction thereof that have elapsed since the expiration of the approval.
(f)
Application for modification of a final approval requiring public hearing. In the event that more than one public hearing is held, a fee shall be paid for each additional public hearing. If the approval has expired, then the fee shall be the above fee plus that fee times the number of years or fraction thereof that have elapsed since the expiration of the approval.
(g)
Application for modification of a final approval not requiring public hearing. If the approval has expired, then the fee shall be the above fee plus that fee times the number of years or fraction thereof that have elapsed since the expiration of the approval.
(h)
An inspection fee. (NOTE: An application involving both a site development plan and use subject to additional standards and requirements will be required to pay only one fee.)
(i)
In addition, the Planning Commission, in the review of the application, may refer such application to the Westchester County Soil and Water Conservation District for a written review. Fees charged by the Westchester County Soil and Water Conservation District for its written review shall be paid by the applicant before action is taken on the application. Payment of the fee shall be a check made payable to the Westchester County Soil and Water Conservation District and shall be submitted to the City Planner for transmittal to the Westchester County Soil and Water Conservation District.
(j)
Due to the large additional administrative and inspection expenses incurred by the City, an additional application fee shall be payable when construction or occupancy has commenced prior to the issuance of a resolution of approval from the Rye City Planning Commission, or when construction and/or use which requires modification of a previous approval has commenced prior to the issuance of a resolution of approval from the Rye City Planning Commission, except in the following specific cases:
[1]
The additional fee shall not apply to trees removed without prior approval; such removal shall remain subject to the fees set forth in § 197-84F(1)(f) and (g).
[2]
If a building permit and/or a certificate of occupancy has been issued by the Building Department or a street opening permit and/or surface water control permit has been issued by the Engineering Department prior to construction, the additional fee shall be reduced by 75%.
[3]
The additional fee shall not apply to minor variations in the siting of buildings and other site improvements; such site variations shall remain subject to the fees set forth in § 197-84F(1)(f) and (g).
(k)
The Planning Commission, in the review of any application, may refer such application to such engineering, planning, legal, technical or environmental consultant or other professionals, hereinafter referred to as "consultant or consultants," as it deems reasonably necessary to enable it to review such application as required by law, provided that the required expertise is not available from City staff, and subject to the following:
[1]
The detailed statement of the consulting services to be provided by the consultant shall include the consultant's fees for said services and a statement by the consultant that the applicant, not the City, shall be ultimately responsible to the consultant for the services provided. The detailed statement shall be sent to the applicant by the City Planner, by certified mail, return receipt requested.
[2]
If the applicant wishes to review the services and the costs with the Planning Commission, the request for a review shall be in writing and mailed to the City Planner, by certified mail, return receipt requested, within seven days of their receipt of the service and cost statement provided by the City Planner. The Planning Commission shall review the services and costs with the applicant at its next regular meeting following receipt of the request.
[3]
The City Planner shall authorize the consultant to proceed if he has not received a written request for a review of the consultant's services and costs from the applicant within seven days of the applicant's receipt of the City Planner's transmittal. The receipt date is the date shown as received on the return receipt card returned by the post office.
[4]
The applicant shall pay the consultant's fee upon receipt of the consultant's detailed statement for the services provided. The statement will be forwarded to the applicant by the City Planner.
[5]
Payment of the consultant's fees shall be required in addition to any and all other fees required by this or any other section of this chapter or any other City law or regulation.
[6]
The Planning Commission document taking final action on the application shall not be issued until all consultant's fees charged in connection with the review of the applicant's project have been paid. Payment of the consultant's fees shall be by check made payable to the consultant and shall be submitted to the City Planner for transmittal to the consultant.
(2)
Upon the filing of an application for rezoning a fee shall be payable (to be refunded if no public hearing is held).
§ 197-85 Prohibition of permits contrary to pending amendment.
Whenever the Common Council by resolution authorizes a public hearing on a proposed change in the Zoning Ordinance or Zoning Map and for a period of 60 days following such date of resolution, no building shall be erected, enlarged or altered and no permit shall be issued for the construction, enlargement or alteration of any building or for the occupancy of any land or building in any manner that would be contrary to the ordinance or map as it would be amended by said proposed change.