No board, agency, officer or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure or for any use of land, building or structure that would not be in full compliance with the provisions of this Zoning Law, except as permitted under Article IX of this Zoning Law. Any permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this Zoning Law shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
This Zoning Law shall be enforced by the Code Enforcement Officer
and one or more Assistant Code Enforcement Officers as deemed necessary,
referred to herein individually and collectively as the "Code Enforcement
Officer," as appointed by the Board of Trustees. It shall be the duty
of the Code Enforcement Officer and he is hereby empowered to:
A.
Inspect any building, structure or land to determine whether any
violations of this Zoning Law have been committed or exist, whether
or not such building, structure or land is occupied and whether or
not a certificate of occupancy or certificate of use has been issued.
B.
Keep the Board of Trustees advised of all matters pertaining to the
enforcement of this Zoning Law; to make and keep all records necessary
and appropriate to the office, including records of written complaints
of violation of this Zoning Law and action taken on same.
C.
Keep the Planning Board advised of all matters referred to the Code
Enforcement Officer, including written complaints of violation of
this Zoning Law and action taken on same.
D.
Issue and post notices of violations, stop orders, revocation of
certificates of occupancy and use and appearance tickets and shall
order the remedying of any condition or omission that is found to
be in violation of this Zoning Law. In addition, by resolution, the
Board of Trustees, after a public hearing, may direct the Code Enforcement
Officer to revoke such certificates of occupancy or use, issue such
stop orders, make such inspection and reports, initiate and take such
court proceedings and perform all other actions as required by the
Board of Trustees as may be necessary to enforce this Zoning Law or
to invoke penalties for its violation.
A.
This Zoning Law and the Building Code shall be administered by the
Building Inspector and one or more Assistant Building Inspectors as
deemed necessary, referred to collectively as the "Building Inspector,"
as appointed by the Board of Trustees.
B.
It shall be the duty of the Building Inspector and he is hereby empowered
to:
(2)
Receive and review applications for building permits and to issue
building permits.
(3)
Receive and review applications for certificates of occupancy and
to issue certificates of occupancy.
(4)
Receive and review applications for certificates of use and to issue
certificates of use.
(5)
Issue and post notices of building permits and to order the remedying
of any condition or omission that is found to be in violation of this
Zoning Law. In addition, by resolution, the Board of Trustees, after
public hearing, may direct the Building Inspector to revoke such building
permits.
C.
The Building Inspector shall attend Planning Board meetings as requested.
A.
No building permit, certificate of occupancy or certificate of use
shall be issued unless the proposed construction or use is in conformity
with all the provisions of this Zoning Law and other applicable laws.
B.
Whenever the Building Inspector, Code Enforcement Officer or authorized
agent thereof determines that work on any building, structure or lot
is being or has been conducted in violation of any provision of the
Building Code, state, federal, County or Village laws, rules or regulations
or any requirements of an approved and signed site plan or subdivision
plat, including required drainage, grade, elevation or road profile
plans or any other plans or specifications upon which a building permit
was issued, or that any work has been conducted in a dangerous or
unsafe manner, then the Building Inspector or Code Enforcement Officer
shall notify the owner of the property, the owner's agent or the person
performing the work to suspend and halt work. If work remains to be
performed on such buildings, structure or lot, such persons shall
forthwith stop such work and suspend all building activities on the
affected building or structures until the stop-work order has been
rescinded. Such stop-work order and notice shall be in writing, shall
state the conditions under which the work may be resumed and may be
served upon a person to whom it is directed, either by delivering
it personally to him or by posting the same upon a conspicuous portion
of the building or structure under construction and sending a copy
of the same by certified mail. Any person aggrieved by such a stop-work
order may appeal to the Board of Appeals within 60 days to review
the same, and the Board of Appeals, on such review, may affirm, modify
or reverse the action of the Building Inspector or Code Enforcement
Officer, as the facts may warrant.
C.
Where the determination of violation concerns a building or structure for which a certificate of occupancy or use has already been issued, the Building Inspector or Code Enforcement Officer may revoke the certificate of occupancy or use in accordance with § 266-49D or § 266-50D of this Zoning Law. Upon revocation of the certificate of occupancy or use, the occupants then have a maximum period of 60 days in which to vacate the premises.
A.
When required. A building permit is required for the construction,
reconstruction, relocation, demolition and alteration of a building
or structure, including the addition of or change to electric, gas
heating and plumbing facilities, wood stoves and the conversion of
previously uninhabited space to habitable space. The paving of nonresidential
parking areas and associated driveways also requires the issuance
of a building permit. Prior to the Building Inspector issuing a building
permit for paving, the Planning Board shall have approved a site plan
for paving.
B.
Application.
(1)
Application for a building permit shall be made to the Building Inspector
on forms provided by him and shall contain the following information:
(a)
A description, agreeing with the current Tax Map of the Village
of Suffern, of the lot on which the proposed work is to be done.
(b)
A statement of the existing and proposed use or occupancy of
all parts of the lot and of the building or structure.
(c)
The valuation of the proposed work.
(d)
The full name and address of the owner, applicant and occupant,
including the names and addresses of each officer and director of
any corporation or each member of a partnership.
(e)
A brief description of the nature of the proposed work.
(2)
All applications shall be accompanied by two copies of the site plan bearing the signature of the Planning Board Chairman pursuant to § 266-60, if required.
(3)
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 lot lines, widths and grades of adjoining streets, walks and
alleys, details of structural, mechanical and electrical work, including
computations, stress diagrams and other essential technical data.
Such plans and specifications shall include, on the plot plan or site
plan, the proposed location of all underground facilities, including:
gas service, electric service, sewer lines, drainage lines (including
routing of drainage from roof leaders and footing drains to a positive
outlet), water lines, sprinkler lines, telephone lines, etc. The building
plans shall include plans for mechanical services, including gas,
electric, water, heating and air conditioning. Plans and specifications
shall bear the signature of the person responsible for the design
and drawings, the date and, if required, the architect's or engineer's
signature, seal and New York State license number.
(4)
Applications 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
that the proposed work is authorized by the owner and that the applicant
is authorized to make such application.
(5)
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 Zoning Law. The granting or refusal of
such an amendment by the Building Inspector shall be in writing and
may be reviewed by appeal to the Board of Appeals within 60 days after
such determination is filed by the Building Inspector.
C.
Approval or disapproval.
(1)
The Building Inspector shall examine or cause to be examined all
applications for permits and the plans, specifications and documents
filed therewith for compliance with this Zoning Law and all applicable
laws. Within 30 days of receipt of same, he shall approve or disapprove
the permit. An appeal from the approval or disapproval of any application
by the Building Inspector shall be made to the Board of Appeals within
60 days after the determination of the Building Inspector has been
filed in the office of the Building Inspector or endorsed on the building
plans filed in said office. Any final determination of disapproval
shall be indicated in writing, together with the copies thereof filed
in the office of the Building Inspector, and mailed to the applicant.
(2)
Where site plan approval is required pursuant to the requirements
of this Zoning Law, the Building Inspector shall refer the application
to the Planning Board for review under these regulations, and, in
such cases, site plan approval will be required prior to any issuance
of a building permit.
(3)
Upon approval of the applications and upon receipt of the fees therefor,
he shall promptly issue a building permit to the applicant upon the
form prescribed by him and shall affix his signature or cause his
signature to be affixed thereto. Upon approval of the application,
both sets of plans and specifications shall be endorsed with the word
"approved."
(4)
One set of such approved and signed plans and specifications shall
be retained in the files of the Building Inspector and the other set
shall be returned to the applicant, together with the building permit,
and shall be kept at the building site and open to inspection by the
Building Inspector or his authorized representative at all reasonable
times. If the application, together with plans, specifications and
other documents filed therewith, describes proposed work which does
not conform to all of the requirements of the applicable building
regulations, the Building Inspector shall disapprove the same and
shall return the plans and specifications to the applicant.
D.
Notification of adjoining property owners. The applicant shall notify
the owners of adjoining properties and properties across the street
from the subject property of any decision made by the Building Inspector
regarding approval of the building permit. Such notification shall
be issued within 10 days of the decision and shall be sent by certified
mail. Where a final determination has been made by the Zoning Board
of Appeals on an appeal of an approval or disapproval of a building
permit application, the applicant shall notify, by certified mail,
the owners of adjoining properties and properties across the street
from the subject property of such a determination.
E.
Expiration and extension. Every building permit shall expire at the
end of one year from the date issued. If construction is not completed
within said one-year period, the Building Inspector may, for due cause
shown, extend the permit for a period not to exceed one year. A renewal
fee is applicable as provided for in the Schedule of Fees.[1]
F.
Liability insurance. In the event any application for a building
permit provides for construction or other activity involving operation
of equipment, personnel or placement of materials which may hazard
a public street, way, easement or public property, prior to issuing
such building permit, the applicant shall present evidence of liability
insurance naming the Village as the insured and saving the Village
harmless, in an amount to be set on an individual basis by the Building
Inspector and dependent on the degree to which the proposed activity
may create a hazard, in a form acceptable to the Village Attorney.
Additionally, property damage insurance or other surety acceptable
to the Village Attorney may be required where such construction or
activity may damage public property, including sidewalks, paving,
signs or landscaping. In reviewing any application hereunder, the
Building Inspector shall determine whether such hazard may exist by
virtue of the nature of activity described in such application. Where,
after a building permit has been issued without such liability insurance,
it shall appear that such hazards are present, the Building Inspector
may, on due notice given, require such insurance and may suspend such
activity pending receipt of the required liability policy.
G.
Fees. Every application for a building permit pursuant to this Zoning
Law and/or the Building Code shall be accompanied by a fee in accordance
with the Fee Schedule of the Village of Suffern.[2]
(1)
Upon application by a property owner, the Board of Trustees may refund
a portion of a building permit fee paid if the Building Department
was not required to undertake substantial work or inspections with
respect to the work or construction for which the permit was issued.
In making a determination as to whether to make such a partial refund
and the amount thereof, the Board of Trustees shall consider:
(a)
The amount of work or inspection required to be made by the
Building Department;
(b)
Whether all or substantially all of the work was inspected and
certified by a professional engineer or other professional approved
by and acceptable to the Building Inspector, thereby eliminating the
necessity of inspections by the Building Department;
(c)
Whether the fee charged in accordance with the Standard Schedule
of Fees in the particular instance is grossly and severely unfair
and inequitable under the circumstances;
(d)
Whether the applicant has acted in good faith and equitably
in all matters relating to the application for a building permit,
construction and compliance with applicable laws, rules and regulations;
(e)
Whether it is in the best interests of the Village of Suffern
to refund a portion of the building permit fee paid.
(2)
An application for such a refund shall be filed with the Village
Clerk within 60 days after the issuance of a certificate of occupancy
and shall set forth the basis for the request for a refund. No application
may be made for such refund unless the full amount of the building
permit fee has been paid and no violations exist with respect to the
property. The Village Clerk shall transmit such application to the
Building Inspector for his review and recommendations. The Building
Inspector shall render a recommendation on the application to the
Board of Trustees within 60 days after referral to him and shall refer
to the foregoing considerations therein and provide to the Board of
Trustees whatever documentation and records as are relevant in considering
the matter. Thereafter, the Board of Trustees shall determine, based
on the foregoing considerations, whether to provide a refund and the
amount thereof. No refund of a building permit fee shall be made unless
it is determined, as a consequence of the facts and circumstances,
the building fee charged is grossly excessive and that no substantial
inspection or similar work was required to be undertaken by the Building
Department.
No building or structure for which a building permit has been issued shall be occupied or used in whole or in part until a certificate of occupancy and/or certificate of use shall have been issued by the Building Inspector. No certificate of occupancy or certificate of use shall be issued until such off-street parking and loading spaces have been provided for in accordance with the requirements of Article VII of this Zoning Law.
A.
A certificate of occupancy and certificate of use shall be required
for any new construction where one tenant will occupy the building,
lot or portion thereof.
B.
A certificate of occupancy shall be required for the shell of the
building where new construction is proposed and multiple tenants will
occupy the building. A certificate of use shall be required for each
individual tenant.
C.
A certificate of occupancy and a certificate of use shall be required
for an existing building, structure, lot or portion thereof, where
only one tenant occupies the building, and where a change of use,
as defined herein or in the Village of Suffern Site Plan Regulations,[1] is proposed.
D.
A certificate of use shall be required for an existing structure
where an individual or multiple tenants occupy a building and a change
of use, as defined in this Zoning Law, is proposed. A change of use
of a building, structure or lot is interpreted for purposes of this
Zoning Law as:
A.
Application and affidavit. 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:
(1)
A complete set of as-built drawings showing the as-built locations of all the underground facilities and the interior mechanical services, as specified in § 266-47B(3) of this Zoning Law. These plans shall be signed and certified by a New York State registered architect or licensed professional engineer.
(2)
An affidavit of the registered architect or licensed professional
engineer who supervised the construction of the work. This affidavit
shall state that the deponent has examined the approved plans of the
structure for which a certificate of occupancy is sought, that the
structure has been erected in accordance with the approved plans and,
as erected, complies with this Zoning Law and the law governing building
construction, including all subdivision 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.
B.
Issuance of certificate. Before issuing a certificate of occupancy,
the Building Inspector shall examine or cause to be examined all buildings,
structures and lots for which an application has been filed. There
shall be maintained by the Building Inspector a record of all such
examinations and inspections, together with a record of findings of
violations of the law.
D.
Termination. A certificate of occupancy shall be deemed to authorize
and is required for both initial and continued occupancy of the building
or land to which it applies and shall continue in effect so long as
such building or land is used for the use authorized in the certificate.
If the terms of such certificate are violated by the holder thereof,
the Building Inspector or Code Enforcement Officer may, by service
of notice of violation, revoke such certificate, which order of revocation
is, however, subject to review by the Board of Appeals by the holder
thereof taking an appeal to the Board of Appeals within 30 days of
service of said order of termination.
E.
Copies. Copies of every certificate of occupancy issued hereafter
shall be furnished to the Planning Board or Board of Appeals for those
applications they approve and, on the payment of the regular application
fee therefor, to any other person. The fees required from the general
public for copies of public documents shall be in accordance with
the Fee Schedule of the Village of Suffern.[2]
F.
Temporary certificate of occupancy. Upon request, the Building Inspector
may issue a temporary certificate of occupancy for a period not to
exceed 90 days prior to the completion of any required landscaping,
concrete work or other improvements which may not be installed due
to seasonal constraints, provided that such portion or portions as
have been completed may be occupied safely without endangering life
or the public welfare. The Building Inspector shall require surety
from the owner or holder of the building permit, which surety shall
run to the benefit of the Village for a term not exceeding 90 days.
The amount of said surety shall be sufficient to cover the cost to
complete the work and shall be set and held by the Village Board of
Trustees, upon the advice of the Building Inspector and the Department
of Public Works, with the approval of the Planning Board, and in such
form acceptable to the Village Attorney. Every application for a temporary
certificate of occupancy shall be accompanied by a fee in accordance
with the Fee Schedule of the Village of Suffern.
A.
Application and affidavit. The owner or his agent shall make application
for a certificate of use.
B.
Issuance of certificate. Before issuing a certificate of use, the
Building Inspector shall examine or cause to be examined all buildings,
structures and sites for which an application has been filed for a
building permit to construct, enlarge, alter, repair, remove, demolish
or change the use; and he will conduct such inspections during and
upon completion of the work for which a building permit has been issued.
There shall be maintained by the Building Inspector a record of all
such examinations and inspections, together with a record of findings
of violations of the law. However, any certificate of use for the
establishment of any use of a building or land requiring a special
permit as listed in the Schedule of General Use Regulations,[1] and any other particular use requiring the approval of
the Planning Board, shall be issued only with the authorization of
the Planning Board. Every certificate of use for which a special permit
or variance has been granted shall contain a detailed statement of
such special permit or variance and of the conditions to which the
same is subject.
[1]
Editor's Note: The Schedule of General Use Requirements is
located at the end of this chapter.
D.
Termination. A certificate of use shall be deemed to authorize and
is required for both initial and continued use of the building or
lot to which it applies and shall continue in effect so long as such
building or land is used for the use authorized in the certificate
of use. If the terms of such certificate of use are violated by the
holder thereof, the Building Inspector may, by service of notice of
violation, terminate such certificate of use, which order of termination
is, however, subject to review by the Board of Appeals by the holder
thereof taking an appeal to the Board of Appeals within 30 days of
service of said order of termination.
E.
Copies. Copies of every certificate of use issued hereafter shall
be furnished to the Planning Board or Board of Appeals for those applications
they approve and, on the payment of the regular application fee therefor,
to any other person. The fees required from the general public for
copies of public documents shall be in accordance with the Fee Schedule
of the Village of Suffern.
F.
Temporary certificate of use. The Building Inspector may issue a temporary certificate of use only when a temporary certificate of occupancy has been approved in accordance with § 266-49F. The certificate of use may be granted at any time during the ninety-day period that the certificate of occupancy is in effect and shall expire at the terminal date of the temporary certificate of occupancy. Every application for a temporary certificate of use shall be accompanied by a fee in accordance with the Fee Schedule of the Village of Suffern.
A.
Penalties. Any person who shall violate any provision of this Zoning Law or any other regulation made under authority conferred thereby, 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 $5,000. Each week's continued violation shall constitute a separate and additional violation. In addition to the foregoing provisions, the Village shall have such other remedies for any violation or threatened violation of this Zoning Law as are now or may hereafter be provided by law. The application of any above penalty shall not be held to prevent any action under § 266-51B of this Zoning Law.
[Amended 1-8-2007 by L.L. No. 1-2007; 8-9-2021 by L.L. No. 6-2021]
B.
Prevention. In case any lot is used or building or structure is erected,
constructed, altered or maintained in violation of this Zoning Law,
any regulation made pursuant thereto or any detailed statement or
plan submitted and approved thereunder, in addition to other lawful
remedies, any appropriate action or proceedings may be instituted
to prevent such unlawful use, erection, construction, alteration or
maintenance, to restrain, correct or abate such violation, to prevent
the occupancy or use of such structure or land or to prevent any illegal
act, conduct, business or use in or about such premises. Whenever
the Building Inspector has reasonable grounds to believe that work
on any building, structure or lot is being performed in violation
of the provisions of this Zoning Law or not in conformity with any
regulation made pursuant thereto or not in compliance with any detailed
statement or plan submitted and approved thereunder or in an unsafe
and dangerous manner, he may issue a stop-work order pursuant to the
provisions of this Zoning Law.
C.
Noncompliance with orders. Any person who shall violate any order
of the Building Inspector or Code Enforcement Officer, issued under
this Zoning Law shall be deemed to have violated this Zoning Law.
Any person failing to comply with an order within the time stated
therein shall be deemed guilty and fined. Each week of continuance
of a violation shall constitute a separate and distinct offense hereunder.