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 Official. No building permit
shall be issued unless the proposed structure 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 or void
and of no effect, without the necessity for any proceedings for revocation
or nullification thereof, and any work undertaken or use established
pursuant to any such irregularly issued permit shall be unlawful.
A.
Information of application. 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 New York State licensed engineer or land surveyor,
is required.
(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, block and lot numbers as they appear on the latest tax
records;
(3)
The exact size and locations 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 setbacks 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
(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.
Access. 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 New York State General City Law.
C.
Site plan approval. No building permit shall be issued for any building
subject to site plan approval by the Planning Board, or subject to
review by the Design Review Board, except in conformity with the plans
approved by either or both of said boards, as appropriate.
D.
Conditional use permit. No building permit shall be issued for a
building to be used for any conditional use in any district where
such use is subject to approval by the Planning Board unless and until
such approval has been duly granted by the Planning Board.
E.
Variance. No building permit shall be issued for a building permitted
subject to a variance granted by the Zoning Board of Appeals except
in accordance with all conditions which may have been prescribed by
such Board.
F.
Copies. The building permit application and all supporting documentation
shall be made in such number of copies as may be required by the Building
Official. On the issuance of a building permit, the Building Official
shall return one copy of all filed documents to the applicant.
G.
Action. The Building Official 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 Official
shall state in writing to the applicant the reason for such denial.
H.
Expiration. Every building permit shall expire if the work authorized
has not been commenced within three months after the date of issuance,
or has not been completed 12 months from such date for construction
costing less than $1,000,000, and has not been completed within 18
months from such date for construction cost in excess of that amount.
If no amendments to this chapter or to other codes or regulations
affecting subject property have been enacted in the interim, the Building
Official 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.
Location survey. 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 Official 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, as well as the
locations of water service and sewer service lines, if applicable.
J.
Fees.
(1)
General. Fees for various functions and services of the Building Official, Building Department and Planning Board shall be as provided in Chapter 280, Fees.
(2)
Renewal or extension of building permits. In the event that an individual
holding a building permit fails to complete the work covered by the
permit prior to the expiration of the permit, a fee equal to twice
the fee charged for the prior permit will be required on the permit
renewal. The fee will be double the prior fee each time a renewal
is required. This requirement shall take effect on September 1, 2003.
(3)
Mailing lists and lot coverage information for Planning Board and
Zoning Board of Appeals.
(a)
A fee as provided in Chapter 280, Fees, shall be paid to the City Assessor's office for mailing lists of property owners for Planning Board and Zoning Board of Appeals applications.
(b)
A fee as provided in Chapter 280, Fees, shall be paid to the City Assessor's office for a record search on lot coverage of specific properties for a Zoning Board of Appeals applicant. Where the lot coverage information is requested on the same property owners that would be on the mailing list [Subsection J(3)(a) above] the fee will include the mailing list and lot coverage information. Where the lot coverage owners list and information is different from the mailing list, fees as provided in Chapter 280, Fees, shall be paid for the lot coverage information and for the mailing list.
K.
Any property owner, owner's agent, architect, engineer or contractor
found to have started to construct, erect, reconstruct, restore, repair,
renovate, alter or structurally alter any structure without a proper
building permit and all necessary documents as required by this chapter
and 19 NYCRR 444 shall be required to pay triple all prescribed fees
set above.
L.
If, in the opinion of the Building Official or his representative,
it is determined that the actual cost of construction exceeded the
amount set forth in the application for the building permit by more
than 20%, he shall not be obligated to issue a certificate of occupancy
until the additional fee is paid.
M.
Inspection(s) requested of the Building Official or his representative, by the Department of Social Services or any other governmental agency shall not be done unless the fee for said inspection(s) is paid in advance by the owner of the structure to be inspected. The fee shall be as provided in Chapter 280, Fees. Payment must be made by cash, certified check, cashier's check or money order. Canceled inspections will result in the City's retaining an administrative fee as provided in Chapter 280, Fees, but refunding the balance to the owner.
N.
Sidewalk and curb installations for new construction and/or substantial
redevelopment of existing building sites.
(1)
The location of existing and/or proposed adjacent curbs, driveway
aprons and sidewalks shall be shown on the plot plan drawn to scale.
Proposed curbs, driveway aprons and sidewalks shall be installed in
compliance with installation details required for same by the City
of Port Jervis Department of Public Works. Corner lots shall provide
compliant handicap curb ramps at each corner or designated crosswalk
adjacent to a Port Jervis City street compliant with the Americans
with Disabilities Act of July 26, 1990, and all amendments thereto.
(2)
Sidewalk and driveway apron material shall be a suitable impervious
surface, i.e., blacktop, bluestone slate, concrete or paver materials
specifically manufactured for use as a walking surface.
(3)
Curbing shall be concrete installed as detailed above. Substitutes
for concrete curbing shall be approved by the Director of the Department
of Public Works or his representative prior to installation. Compliance
with the above requirements must be gained prior to issuance of final
certificate of occupancy by the Building Official or his representative
for all new construction and/or substantial redevelopment of existing
building site(s).
(4)
Exception. If, due to existing site or street conditions, the above
requirements create a hazard, detriment or undue hardship of any kind,
the property owner must gain a waiver in writing from the Director
of the Department of Public Works or his representative prior to requesting
final inspection for a certificate of occupancy from the Building
Official or his representative.
A.
Actions requiring certificates. The following shall be unlawful until
a certificate of occupancy/compliance shall have been applied for
and issued by the Building Official or his representative:
B.
Conditional use. No certificate of occupancy/compliance shall be
issued for any conditional use of a building or of land requiring
conditional use approval by the Planning Board or for any land or
use requiring site plan approval by the Planning Board unless and
until such conditional use or site plan approval has been duly granted
by the Planning Board. Every certificate of occupancy/compliance for
which conditional use or site plan approval has been granted by the
Zoning Board of Appeals shall contain a detailed statement of any
condition to which the same is subject.
C.
Application. Application for a certificate of occupancy/compliance
for a new building, or for an existing building which has been altered,
shall be made on forms furnished by the Building Official, 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.
Action. 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/compliance for the use of vacant land or
for a change of use of a nonconforming use shall be issued by the
Building Official within 10 days after receipt of a properly completed
application. If a certificate of occupancy/compliance is denied, the
Building Official shall state the reasons in writing to the applicant.
E.
Performance standards. In regard to those uses which are subject
to the performance standards procedure, the following requirements
shall also apply:
(1)
Any normal replacement or addition of equipment and machinery not
affecting the operations or the degree or nature of dangerous and
objectionable elements emitted shall not be considered a change in
use.
(2)
After occupancy, if there occur frequent or continuous, 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 Official 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.
(3)
The Building Official shall investigate any alleged violation of
the performance standards, and if there are reasonable grounds to
believe that a violation exists, the Building Official shall investigate
the alleged violation and for such investigation may employ qualified
experts. A copy of said findings shall be forwarded to the Common
Council. The services of any qualified experts employed by the City
to advise in establishing a violation shall be paid for by the violator,
if a violation is proved, and otherwise by the City. No new certificate
of occupancy/compliance shall be issued unless such charges have been
paid to the City.
F.
Fee. Every application for a certificate of occupancy/compliance
or a temporary certificate of occupancy/compliance shall be accompanied
by a fee as set forth in the fee schedule of the City of Port Jervis.
G.
Required landscaping and shade trees. Where landscaping and/or shade
trees are part of the submission requirements of a site plan or a
subdivision plat, either a performance bond shall be issued for two
growing seasons or a nurseryman's guarantee provided, to insure that
required plantings survive or are replaced by stock that does survive
two growing seasons. Evidence of such shall be presented to the Building
Official prior to the issuance of a certificate of occupancy/compliance.
H.
As-built plans. Every application for a certificate of occupancy/compliance
that involves new construction or development shall require the submission
of as-built plans showing the actual location of all improvements
(i.e., water, sewer, drainage, roadways, building locations, etc.).
I.
Certification by design professional. Every application for a certificate
of occupancy/compliance that involves facilities or improvements that
are to be dedicated to the City shall be accompanied by a letter of
certification from the licensed design engineer stating that they
have been built in conformance with the approved plans.
J.
Authority. A certificate of occupancy/compliance shall be deemed
to authorize, and is required for, both initial occupancy and use
and the continued occupancy and use of the building or land to which
it applies.
K.
Buildings and uses without certificates. Upon written request by
the owner, and upon payment of a fee as provided in the Building Code,
the Building Official shall, after inspection, issue a certificate
of occupancy/compliance for any building or use thereof, or of land,
existing at the time of the adoption of this chapter, certifying such
use and whether or not the use and the building conform to the provisions
of this chapter.
L.
Record and copies. A record of all certificates of occupancy/compliance
shall be kept in the office of the Building Official and copies shall
be furnished on request to any agency of the City or to any persons
having a proprietary or tenancy interest in the building or land affected.
A.
Enforcement. It shall be the duty of the Building Official to enforce
the provisions of this chapter and of all rules, conditions, and requirements
adopted or specified pursuant thereto.
B.
Inspection. The Building Official or that official's 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
duties.
A.
Violation. 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 constitute a
violation pursuant to Penal Law.
B.
Guilty parties. 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.
Other guilty parties. Any agent, contractor, architect, builder,
corporation, or other person who commits, takes part or assists in
such violation shall also be guilty of such an offense.
D.
Continuance of violation. Each and every day that any such violation
continues after notification that such violation exists shall constitute
a separate offense. Such notice shall be written by the Building Official
and shall be served by mail or by personal service.
E.
Penalty. Any person who shall violate any provision of this chapter,
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 or imprisonment not exceeding 15 days, or both such fine
and imprisonment. Each and every day that any such violation continues
after notification that such violation exists shall constitute a separate
offense. Such notice shall be written by the Building Official and
shall be served by mail or by personal service.
F.
Legal remedies. The imposition of penalties herein prescribed shall
not preclude the City 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.
