Town of Delaware, NY Article X Administration and Enforcement

§ 220-63 Building Inspector.

It shall be the duty of the Building Inspector, to be appointed by the Town Board, to enforce the provisions of this chapter. The Building Inspector shall examine all applications for permits, issue permits for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents, and make such reports as the Town Board may require. Permits for construction and uses which are special uses shall be issued only upon written order of the Planning Board. Permits for construction and uses which require a variance to requirements of this chapter shall be issued only upon written order of the Zoning Board of Appeals.

§ 220-64 Permit procedures.

A. General procedures. All persons desiring to undertake any new construction, structural alteration (including demolition) or changes in the use of a building or lot shall apply to the Building Inspector for a building permit and/or certificate of use by filling out the appropriate application form and by submitting the required fee. (In the case of special uses, the application shall be forwarded to the Planning Board in accord with § 220-48B of this chapter.) The Building Inspector shall either issue or deny the permit. If the permit is denied, the Building Inspector shall specify those sections of this chapter to which the permit application does not comply. After a permit has been approved by the Building Inspector, the applicant may proceed to undertake the action permitted in the permit and, upon completion of such action, shall apply to the Building Inspector for issuance of a certificate of use. If the Building Inspector finds that the action of the applicant has been taken in accordance with the permit, he shall issue a certificate of use allowing the premises to be occupied for the permitted use.

B. Required permits. A zoning permit and/or certificate of use shall be required prior to the erection, addition, demolition, replacement or alteration of any building or portion thereof; prior to the use or change of use of a building or land; and prior to the change or extension of a nonconforming use. It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use until a permit has been duly issued therefor. The following classes of permits may be issued:

(1) Principal permitted and accessory uses. A zoning permit or a certificate of use for a principal permitted use or an accessory use may be issued by the Building Inspector on his own authority.

(2) Special use/site plan approval. A zoning permit or a certificate of use for a special use/site plan may by issued by the Building Inspector after review and approval by the Planning Board.

(3) Variances. A zoning permit or a certificate of use for a use or structure which requires a variance may be issued by the Building Inspector only upon order of the Zoning Board of Appeals.

(4) Temporary permits. A temporary permit may be authorized by the Town Board and issued by the Building Inspector for a nonconforming structure or use which the Town Board deems necessary to promote the proper development of the community, provided that such a nonconforming structure or use shall be completely removed upon expiration of the permit for a specified period of time not to exceed one year and may be renewed annually for an aggregate period not exceeding three years from the date the temporary permit is first issued. Temporary permits for purposes of demolishing a structure may be issued by the Building Inspector and shall be for a period not to exceed 60 days.

C. Activities not requiring permits. Certain uses or activities shall not require permits although such uses or activities shall meet any applicable standards of this chapter; provided, however, that this section shall in no event supersede the requirements of the New York State Uniform Fire Prevention and Building Code. These uses and activities include the following:

(1) Patios.

(2) Any porch or deck not over six inches in height above the grade level and lacking a roof, provided such porch or deck does not extend closer than 10 feet to any lot line or within any required front yard.

(3) Aboveground swimming pools, provided such swimming pool does not extend closer than 10 feet to any lot line or within any required front yard. Below-ground swimming pools shall require permits.

(4) Signs less than 40 square feet in size.

(5) Portable structures or buildings less than 150 square feet in size (total for all such buildings on a lot).

(6) All nonstructural accessory uses, including gardens, small animal projects, etc.

D. Application for permits. All applications for permits shall be accompanied by the information required in this § 220-64D. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.

(1) Plot plan. A plot plan in duplicate, drawn to show:

(a) The actual shape and dimensions of the lot to be built upon.

(b) The exact size and location of any buildings existing on the lot.

(c) The lines within which the proposed building or structure is proposed for erection or alteration.

(d) The existing and intended use of each building or part of a building.

(e) The number of families or dwelling units the building is designed to accommodate.

(f) Such other information deemed necessary by the Town to determine compliance with this chapter.

(2) SEQRA and other information. Documentation necessary to determine compliance with the New York State Environmental Quality Review Act (SEQRA) and all other information deemed necessary by the Town to determine compliance with this chapter.

(3) Subdivision regulations. Applications for uses which also necessitate approvals under Chapter 186, Subdivision of Land, shall be processed in the manner provided therein for plan approval and shall contain all information or data normally required for a submission under that chapter.

E. Fees.

(1) The Town Board shall by resolution establish and periodically update a uniform schedule of fees, charges and expenses, as well as a collection procedure for zoning permits, special use/site plan permits, variances and other matters pertaining to this chapter. Such fees may include the assessment to the applicant of all professional costs incurred by the Town in regard to any application.

(2) Said schedule of fees shall be posted in the office of the Building Inspector and/or the Town Clerk.

(3) Permits, Special uses/site plans and variances shall be issued only after fees have been paid in full, and the Zoning Board of Appeals shall take no action on appeals until all charges have been paid in full.

F. Action on permit applications. It shall be the duty of the Building Inspector to issue a zoning permit, provided that he is satisfied that the structure, building, any signs, parking area of the premises, and the proposed use thereof conform with all the requirements of this chapter and that all other reviews and actions, if any are called for in this chapter, have been complied with and all necessary approvals secured thereof. The following procedures shall be observed:

(1) Issuance of permit. All zoning 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 zoning permit covering such operation is displayed as required by this chapter, nor shall he perform building operations of any kind after notification of the revocation of said zoning permit.

(2) Denial of permit. When the Building Inspector is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall deny the zoning permit application.

(3) Inspection by the Building Inspector. It shall be the duty of the Building Inspector or his duly appointed representative to make the following minimum number of inspections on property for which a permit has been issued:

(a) At the beginning of construction. A record shall be made indicating the time and date of the inspection and the finding of the Building Inspector in regard to conformance of the construction with plans submitted with the application for the building. If the actual construction does not conform to the application, a written notice of the violation shall be issued by the Building Inspector, and such violation shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Building Inspector, construction may proceed.

(b) At the completion of construction. A record shall be made indicating the time and date of the inspection and the findings of the Building Inspector in regard to the issuance of a certificate of use.

Nothing herein shall, however, preclude the Building Inspector from making such additional inspections as are deemed necessary to establish conformance with this or other Town regulations.

(4) Expiration and renewal. A zoning permit shall expire after 18 months if the applicant fails to implement his application as filed with the Building Inspector. A zoning permit may be renewed by the Building Inspector not more than two times, and each renewal shall not exceed a period of six months.

(5) Revocation. If it shall appear at any time to the Building Inspector that the application or accompanying plot plan is in any material respect false or misleading, or that work is being done upon the premises differing materially from that specified in the application filed with him under existing laws or ordinances, he may forthwith revoke the zoning permit, whereupon it shall be the duty of the permit holder to surrender it and all copies thereof to the Building Inspector. After the zoning permit has been revoked, the Building Inspector may, at his discretion, before issuing a new zoning permit, require the applicant to file an indemnity bond in favor of the Town of Delaware with sufficient surety, conditioned for compliance with this chapter 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.

G. Approvals by Planning Board, Town Board or Zoning Board. In any instance when an approval is granted by the Planning Board, Town Board or Zoning Board of Appeals, the acting board may require its approval be periodically renewed. Such renewal shall be granted following due public notice and hearing and may be withheld only upon determination by the Building Inspector to the effect that such conditions as may have been prescribed by the respective board in conjunction with the issuance of the original approval have not been or are being no longer complied with. In such cases a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.

H. Certificate of use. A certificate of use shall be a statement issued by the Building Inspector setting forth either that a building, structure or parcel of land complies with the provisions of this chapter or that a building or structure lawfully may be employed for specified uses under the provisions of this chapter, or both. The certificate of use under this chapter is separate from any permit or certificate issued pursuant to the New York State Uniform Fire Prevention and Building Code.

(1) Requirement. No vacant land shall be occupied or used and no structure or part of a structure hereafter erected, structurally altered or changed in use shall be occupied or used until a certificate of use shall have been regularly issued therefor by the Building Inspector.

(2) Structures. A certificate of use, either for the whole or part of a new structure or for the alteration of an existing structure, shall be applied for coincident with the application for a zoning permit and shall be issued within 30 days after the erection or alteration of such structure or part thereof shall have been completed in conformity with the provisions of this chapter, provided that the applicant has given the Building Inspector timely notice of completion of the project in order to facilitate the inspection of the same.

(3) Land and change of use. A certificate of use for the use of vacant land or for a change in the use of land or for a change in the use of an existing structure shall be applied for and issued before any such land or structure shall be occupied or used or such land or structure shall be changed in use, and such certificate of use shall be issued within 30 days after application has been made, provided such proposed use is in conformity with the provisions of this chapter.

(4) Nonconforming uses. A certificate of use for changing or extending a nonconforming use existing at the time of the passage of this chapter or of an amendment thereto shall be applied for and issued before any such nonconforming use shall be changed or extended. Such certificate of use shall be issued pursuant to the requirements of Article IX of this chapter.

(5) Records. A record of all certificates of use shall be kept on file in the office of the Building Inspector, and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the structure or land affected.

(6) House numbers. No certificate of use shall be issued until a house number meeting the requirements of emergency service providers and the Enhanced 9-1-1 System has been posted.

§ 220-65 Violations.

A. Violations. It shall be unlawful to erect, construct, reconstruct, alter or maintain or use any building or structure or to use any land in violation of any provisions of this chapter. Failure, refusal or neglect in complying with the provisions of this chapter; failure, refusal or neglect to secure a permit or certificate of use, when required, prior to the erection, construction, extension or addition to a building or structure shall be a violation of this chapter.

B. Notice of violation and termination. When written notice of a violation of any of the provisions of this chapter has been served by the Building Inspector or his designee on the owner, occupant, contractor or any other person using or occupying said property, continued violation of this chapter shall be terminated immediately.

§ 220-66 Penalties for offenses.

A. Enforcement. A violation of this chapter is hereby declared to be an offense punishable by a fine not to exceed $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which are committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

B. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used or any land is divided into lots, blocks or sites in violation of this chapter or other regulation made under authority conferred thereby, the Town Board and/or Building Inspector, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or division of land; to restrain, correct or abate such violation; to prevent any illegal act, conduct, business or use in or about such premises; and upon the failure or refusal of Town officials to institute any such appropriate action or proceedings for a period of 10 days after written request by a resident taxpayer of the Town of Delaware so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists who are jointly or separately aggrieved by such violation may institute such appropriate action or proceeding in like manner as such Town officials are authorized to do so.