Southeast City Zoning Code
ARTICLE XIII
Administration and Enforcement
§ 138-80 Building Inspector.
This chapter shall be administered and enforced by the Building Inspector, who shall be appointed by the Town Board. The Town Board may appoint Deputy Building Inspectors to assist and act for the Building Inspector or Code Enforcement Officer. The Town Board may, by resolution, adopt rules and procedures necessary for the administration and enforcement of this chapter.
§ 138-81 Application.
Each application for a building permit and application for a certificate of occupancy shall be submitted to the Building Inspector and shall be accompanied by the following:
A.
Plot plan. Two copies of a plot plan, drawn to scale, showing all the following information, both existing and proposed:
(1)
The area of the lot and the dimensions and angles or bearings of all boundaries of the lot and of any easements, encroachment lines, building lines and open space reservations upon the lot.
(2)
The location, setbacks, dimensions, height, use, floor area and ground coverage of all buildings and other structures.
(3)
The location, number, area and dimensions of off-street parking and loading spaces, any construction, including paved areas proposed in connection therewith, and the means of access to such spaces.
(4)
The location of any water supply well site and any private sewage disposal system.
(5)
The location of watercourses, water bodies and wetlands.
(6)
The location, area and dimensions of any signs.
(7)
Such additional information as may be necessary to determine compliance with the provisions of this chapter.
B.
A plot plan is not required for interior alterations of an existing building, exterior alternations of an existing building where there is no enlargement or extension of floor area or for buildings, structures or improvements having a value of less than $1,000 unless the Building Inspector finds that a plot plan is necessary in order to determine compliance with this chapter. The Building Inspector shall require that plot plans accompanying applications which pertain to nonconforming buildings, structures or lots be prepared by and bear the seal of a land surveyor or professional engineer licensed to practice in the State of New York and shall submit such applications to the Planning Board for its review and approval.
C.
A certification signed by the Building Inspector and/or appropriate Town officer that indicates, as of the application date, that there are no outstanding and unresolved violations of building and/or zoning codes with respect to the subject property. The Planning Board shall not review any application for site plan approval in connection with any property which has any outstanding and unresolved violations of building and/or zoning codes filed against it.
[Added 6-24-2003 by L.L. No. 11-2003]
§ 138-82 Referral.
[Amended 4-24-2003 by L.L. No. 7-2003]
When an application for a building permit and certificate of occupancy for a commercial use or major subdivision needs site plan approval, subdivision approval, or the securing of a special permit, or a granting of a variance by the Zoning Board of Appeals, the Building Inspector shall promptly notify the Town Board in writing that such an application has been received and shall transmit a copy of the application to the Southeast Planning Board, Zoning Board of Appeals, Town Planner, and Town Engineer, together with the accompanying maps, plans, data and documents. An Approvals Flowchart indicating the appropriate sequence of referrals and approvals is hereby made a part of this chapter. The Approvals Flowchart is located at the end of this chapter.
§ 138-83 Review of site plans.
The following procedures, standards and conditions shall be applicable to the approval of applications that are subject to the approval and submission of a site plan:
A.
Additional information and review. The Planning Board shall review the application and plan to determine the completeness thereof and compliance with the provisions of this chapter, including but not limited to the standards of Article IX. The Planning Board, upon written request by the applicant, may, by resolution, determine that the required submission by all or part of the information specified in § 138-41A and B is deferred unless or until requested later by the Planning Board or Town Board. The Planning Board may call the applicant into consultation and may request the applicant to submit such additional information that it deems necessary in order to review the plan. Within 45 days after the regular meeting at which the referral from the Building Inspector is received, the Planning Board shall determine the application is complete or shall request additional information.
B.
Recommendation. Within the time set forth in § 138-41I, the Planning Board shall file with the Building Inspector a determination of the approval of the site plan, approval subject to modifications and/or conditions or disapproval of the plan. The applicant and the Planning Board may, by mutual consent, extend the time for review and recommendation. The grounds for the determination of the Planning Board will be stated by its records.
§ 138-84 Action on special permits.
The procedure applicable to the securing of a special permit is set forth in Article X. The action of the Town Board under Article X and the applicable standards and conditions shall constitute the basis on which the Building Inspector approves or denies the application for the building permit and application for a certificate of occupancy under § 138-85.
§ 138-85 Approval and issuance of building permits and certificates.
The Building Inspector shall approve an application for a building permit and issue a building permit under this chapter within 15 working days after the application thereof has been filed in his office, provided that the proposed use and buildings and other structures conform to the provisions of this chapter. In the case of applications which are subject to the approval of a site plan or the securing of a special permit, the fifteen-working-day period will commence at the time of final action of the Planning Board. The Building Inspector, however, shall deny an application or request for a building permit under this chapter within 15 working days after the application or request for such a permit has been filed in his office when the proposed use or building or other structures do not conform to the provisions of this chapter. The following shall be applicable to the approval of applications and issuance of building permits and certificates of occupancy:
A.
Conditions. The approval of an application for a building permit and certificate of occupancy and the issuance of a building permit or certificate under this chapter shall be conditioned upon establishment of the use and construction of buildings, structures and site development in accordance with any maps, plans, documents and statements approved by the Planning Board or Board of Appeals as applicable, including any modifications, conditions and applicant stipulations that are part of such approval.
B.
Staking. No building permit shall be issued by the Building Inspector for any new construction until the applicant has accurately placed stakes or markers on the lot indicating the location of proposed construction and areas not to be disturbed. The Building Inspector may require the applicant to place stakes or markers on the lot indicating the location of lot lines. The Building Inspector may require the placement of stakes or markers to be made or certified by either a land surveyor or professional engineer, licensed to practice in the State of New York.
C.
Measurements. If deemed necessary to determine compliance with this chapter and before issuance of a certificate of occupancy, the Building Inspector may require the applicant to furnish measurements of any construction features subject to the requirements of this chapter, including setback distances, which measurements shall be certified and prepared by a land surveyor licensed to practice in the State of New York.
D.
Sanitation. Where a proposed use or proposed building or other structure involves the installation, extension, relocation or reconstruction of a sewage disposal or water supply system, no building permit shall be issued until plans for such a system have been approved by the County of Putnam, State of New York, City of New York or any regulatory agency having jurisdiction as required by law. No certificate of occupancy shall be issued until such a system has been completed and approved by such an agency as required by law or until the use or building or structure has been provided with the connections to a previously completed and approved sanitary sewer and public water supply system.
E.
Issuance of certificates of occupancy.
(1)
It shall be the sole responsibility of the applicant for the certificate of occupancy to complete all the work required by the approved site plan in accordance with the following:
(2)
The degree of completeness of the site work shall be determined by the Building Inspector. No temporary certificates of occupancy shall be issued in the Town of Southeast for either residential or commercial structures.
F.
Other permits. Approval of an application for a building permit and certificate of occupancy and/or issuance of a building permit or certificate shall not be construed to constitute compliance with any other regulation, ordinance or law nor to relieve the applicant from responsibility to obtain a permit thereunder. The Building Inspector may, at his discretion, withhold approval of an application and/or issuance of a building permit or certificate until such permit has been obtained by the applicant.
G.
Time limit. Approved applications and special permits shall be exercised within the following time limits:
(1)
A special permit approved under the provision of Article X shall terminate and be null and void one year after such approval unless an application for a building permit is approved and any required building permit is issued for the use or building or other structure authorized by the special permit. The Board which approves such building permits, however, may specify a time limit in excess of such one-year period or may grant extensions of the one-year period or any time limit for additional period not to exceed one year after public hearing for good cause shown. Notwithstanding the provisions stated above, the special permit shall expire on the date that the approval for the accompanying site plan expires.
(2)
An approved application for a building permit for which no site plan or special permit approval is required shall terminate and be null and void one year after such issuance. Renewals for such building permits shall be granted only by the Building Inspector. Applications for renewal shall be submitted at least 30 days prior to the expiration date of the building permit.
§ 138-86 Field changes.
[Amended 7-12-2007 by L.L. No. 4-2007]
A.
During construction, the Town Engineer may authorize or require, at his own determination or upon the request of the applicant, minor adjustments to the approved site plan when such adjustments are necessary in light of technical or engineering considerations, the existence or materiality of which was first discovered during actual construction. Such minor adjustments shall be consistent with the spirit and intent of the approved site plan. Any adjustment that requires the removal of any structure or any group of trees (defined as 10 to 20 trees within an area of 500 square feet) identified to remain on the approved plan shall not be considered a minor adjustment and shall require amended site plan approval by the Planning Board prior to commencement of any such modifications.
B.
At the request of the Town Engineer or the Building Inspector, where unforeseen conditions are encountered which require any material change to an approved site development plan, the removal of any structure or group of trees (defined as 10 to 20 trees within an area of 500 square feet) indicated to remain on the approved plan, or where the developer wishes to modify the approved plan for other reasons, an amended site plan shall be filed with the Planning Board for review in accordance with the same procedures required for initial applications.
§ 138-87 Fees.
The Town Board may from time to time, by resolution, adopt a Schedule of Fees concerning applications, inspections, petitions and other matters specified in this chapter.
§ 138-88 Inspection and orders.
The Building Inspector is authorized to inspect or cause to be inspected any land or building or other structure to determine compliance with this chapter. The Building Inspector is authorized to issue a stop-work order if, in his judgment, the use of the land and buildings and other structures or the construction, reconstruction, enlargement, extension, moving or structural alteration of a building or other structure are not being carried out in compliance with this chapter, including the approvals hereunder; he shall withdraw such order when he determines that there is compliance with this chapter, including such approvals. The Building Inspector is authorized to order in writing the remedying of any condition found to be in violation of this chapter, including approvals hereunder.
§ 138-89 Penalties for offenses.
[Amended 3-20-2025 by L.L. No. 2-2025]
Any violation of this chapter is hereby declared to be a misdemeanor, punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed six months, or both. Each week of continued violation shall constitute a separate and additional violation. The proper authorities of the Town of Southeast may institute any appropriate action or proceedings to prevent, restrain, correct or abate any violation of this chapter.