Town Of Eden City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 225-39 Building permits.
[Amended 11-14-2001 by L.L. No. 8-2001]
No building in any district shall be erected, reconstructed or restored or structurally altered without a building permit duly issued upon application to the Building and Zoning Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity for any proceedings or revocations or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful. No building permit shall be required for small noncommercial structures not exceeding 150 square feet and not intended as quarters, for living, sleeping, eating or cooking.
A.
Every application for a building permit shall contain the following information and be accompanied by the required fee and by a plot plan drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a survey prepared by a licensed engineer or land surveyor is required. No such survey or plot plan is required where there is no proposed extension or increase in either the height or footprint of the existing structure. Fees shall be in accordance with the Standard Schedule of Fees of the Town of Eden as may be adopted from time to time by resolution of the Town Board.[1]
(1)
The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected or of the lot on which it is situated if an existing building.
(2)
The section, plate, block and lot numbers as they appear on the latest tax records. Existing easements should also be shown.
(3)
The exact size and location on the lot of the proposed building or buildings or alteration of an existing building and of other existing buildings on the same lot.
(4)
The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot.
(5)
The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and existing and proposed underground utilities and easements therefor.
(6)
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter.
B.
No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as stipulated in § 280-a of the Town Law. Such access shall consist of not less than a twenty-foot-wide permanent legal right-of-way, improved to the satisfaction of the Planning Board, to a public street.
C.
No building permit shall be issued for a lot in a subdivision requiring approval by the Planning Board unless the subdivision map has been properly filed in the office of the County Clerk.
D.
No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board.
E.
No building permit shall be issued for a building to be used for any special permit use in any district where such use is subject to approval by the Town Board unless and until such approval has been duly granted by the Town Board.
F.
The building permit application and all supporting documentation shall be made in quadruplicate. On the issuance of a building permit, the Building and Zoning Inspector shall return one copy of all filed documents to the applicant.
G.
The Building and Zoning Inspector shall, within 10 days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building and Zoning Inspector shall state, in writing, to the applicant the reasons for such denial within five days of such motion.
H.
Every building permit shall expire if the work authorized has not commenced within six months after the date of issuance or has not been completed within 18 months from such date for construction costing less than $1,000,000 and has not been completed within 30 months from such date for construction costing in excess of such amount. If no zoning amendments or other codes or regulations affecting the subject property have been enacted in the interim, the Building and Zoning Inspector may authorize, in writing, the extension of either of the above periods for an additional six months, following which no further work is to be undertaken without a new building permit.
I.
As soon as the foundation of a building or of any addition to an existing building is completed, and before first story framing or wall construction is begun, there shall be filed with the Building and Zoning Inspector an accurate survey signed by the person responsible for said survey showing the exact location of such foundation with respect to the street and property lines of the lot.
§ 225-40 Certificates of occupancy.
A.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building and Zoning Inspector:
B.
No certificate of occupancy shall be issued for any special permit use of a building or land requiring approval by the Town Board or for any land or use requiring site plan approval by the Planning Board unless and until such special permit use or site plan approval has been duly granted. Every certificate of occupancy for which special permit use or site plan approval has been granted or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of any condition to which the same is subject.
C.
Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made on forms furnished by the Building and Zoning Inspector after erection of such building or part thereof has been completed in conformity with the provisions of this chapter. In the case of a new building, such application shall be accompanied by an accurate plot plan or, if not available, by a survey prepared by a licensed land surveyor or engineer showing the location of all buildings as built. Such certificate shall be issued within 10 days after receipt of the properly completed application, but only provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with.
D.
If the proposed use is in conformity with the provisions of this chapter and of all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use of a nonconforming use shall be issued by the Building and Zoning Inspector within 10 days after receipt of a properly completed application. If a certificate of occupancy is denied, the Building and Zoning Inspector shall state the reasons, in writing, to the applicant.
E.
In regard to those uses which are subject to the performance standards procedure, the following requirements shall also apply:
(1)
After occupancy, if there occur continuous or frequent, even though intermittent, violations of the performance standards and other provisions for a period of five days without bona fide and immediate corrective work, the Building and Zoning Inspector shall suspend or revoke the occupancy permit of the use, and the operation shall immediately cease until it is able to operate in accordance with these regulations, at which time the occupancy permit shall be reinstated.
(2)
The Building and Zoning Inspector shall investigate any alleged violation of the performance standards, and if there are reasonable grounds to believe that a violation exists, he or she shall investigate the alleged violation and for such investigation may employ qualified experts. A copy of said findings shall be forwarded to the Town Board. The services of any qualified experts employed by the town to advise in establishing a violation shall be paid for by the violator, if a violation is proved, and otherwise by the town. No new certificate of occupancy shall be issued unless such charges have been paid to the town.
F.
Fees for certificates of occupancy shall be in accordance with the Standard Schedule of Fees of the Town of Eden as may be adopted from time to time by resolution of the Town Board.
G.
A certificate of occupancy shall be deemed to authorize, and is required for, both initial occupancy and the continuance and use of the building or land to which it applies.
H.
Upon written request by the owner, and upon payment of the fee as set by the Town Board, the Building and Zoning Inspector shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, certifying such use (including the number of employees) and whether or not the same and the building conform to the provisions of this chapter.
I.
A record of all certificates of occupancy shall be kept in the office of the Building and Zoning Inspector, and copies shall be furnished on request to any agency of the town or to any persons having a proprietary or tenancy interest in the building or land affected.
J.
The Building and Zoning Inspector may issue a temporary certificate of occupancy for the completion of any alterations that are required under the provision of any law or ordinance or for the completion of a part of any uncompleted building and/or land, provided that:
[Added 9-14-1994 by L.L. No. 1994-10]
(1)
The denial of a certificate of occupancy prior to completion of said alterations or of the building would cause unnecessary hardship to the property owner; and
(2)
The safety of the occupants of the building and of adjacent buildings and land would be adequately assured under such terms and conditions as the Building and Zoning Inspector may prescribe.
(a)
The Building and Zoning Inspector may require a certified check or bond made out to the Town of Eden in an amount sufficient to cover the full cost of completing the required alterations or completions to the building and/or land as verified by the Town Engineer. In the case of a bond, it shall be a surety satisfactory to the Attorney for the town.
(b)
The temporary certificate of occupancy shall state the time for completion of the alteration or completion of the part of any uncompleted building. The time shall not exceed six months.
(c)
Such temporary certificate of occupancy shall not be construed as in any way altering the rights, duties or obligations of the owner or of the town respective to the use or occupancy of the land or building or any other matter covered by this chapter.
§ 225-41 Building and Zoning Inspector.
A.
It shall be the duty of the Building and Zoning Inspector, who shall be appointed by the Town Board, to enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto.
B.
The Building and Zoning Inspector or his or her duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of his or her duties, provided that:
(1)
The Building and Zoning Inspector shall notify the owner and tenant before conducting any inspection.
(2)
The Building and Zoning Inspector or his or her duly authorized assistants shall display identification signed by the Supervisor upon commencing an inspection.
(3)
Inspections shall be made in the presence of the owner or his or her representative or tenant, unless previous authorization has been obtained or granted.
C.
The Building and Zoning Inspector shall maintain files, open to the public, of all applications for certificates of occupancy and building permits along with plans submitted therewith as well as final certificates and permits.
D.
The Building and Zoning Inspector shall also maintain records, open to the public, of every complaint of a violation of the provisions of this chapter as well as action taken as a result of such complaints.
E.
The Building and Zoning Inspector shall submit to the Town Board for insertion in the Board minutes a report summarizing for the month all building permits and certificates of occupancy issued by him or her as well as complaints of violations and action taken as a result of such complaints.
F.
The Building and Zoning Inspector shall coordinate his or her activities with the activities of other applicable agencies, such as sewer and sanitary agencies, the Town Engineer and Town Attorney.
§ 225-42 Penalties for offenses.
A.
Pursuant to § 268 of the New York State Town Law, violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be considered an offense punishable by a fine of up to $350 and/or imprisonment for up to six months for a first offense; a fine of $350 to $700 and/or imprisonment for up to six months for a second offense within five years; and a fine of $700 to $1,000 and/or imprisonment for up to six months for a third offense within five years.[1]
B.
The owner, general agent or contractor of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.
C.
Any agent, contractor, architect, builder, corporation or other person who or which commits, takes part in or assists in such violation shall also be guilty of such an offense.
D.
Each week's continued violation shall constitute a separate additional violation. Such period shall be deemed to have begun 10 days after written notice, evidenced by postmark or certification of service, by the Building and Zoning Inspector setting forth the applicable regulations and the elements of the offense, such notice to be by certified mail, return receipt requested, or by personal service.
E.
The imposition of penalties herein prescribed shall not preclude the town or any person from instituting appropriate legal action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.