A.
General sequence of steps. All persons desiring to
undertake any new construction, structural alteration or changes in
the use of a building or lot shall apply to the Zoning Enforcement
Officer (ZEO) for a building permit by filling out the appropriate
application form and by submitting the required fee. The Zoning Enforcement
Officer will then either issue or refuse the building permit or refer
the application to the Planning Board or Zoning Board of Appeals,
as required. After the building permit has been received by the applicant,
he or she may proceed to undertake the action permitted in the building
permit and upon completion of such action, shall apply to the Zoning
Enforcement Officer for a certificate of occupancy. If the Zoning
Enforcement Officer finds that the action of the applicant has been
taken in accordance with the building permit, the ZEO will then issue
a certificate of occupancy allowing the premises to be occupied.
B.
Building permit types. Under the terms of this chapter,
the following classes of building permits may be issued:
(1)
Permitted use. A building permit for a permitted use
may be issued by the Zoning Enforcement Officer of his or her own
authority.
(2)
Special use. A building permit for a special use may
be issued by the Zoning Enforcement Officer upon receipt
of written approval by the Planning Board.
(3)
Building permit after an appeal or a request for a
variance. A building permit may be issued by the Zoning Enforcement
Officer upon the order of the Zoning Board of Appeals and after a
public hearing held by the Zoning Board of Appeals for the purpose
of deciding upon the appeal or a request for a variance.
This chapter shall be enforced by the Zoning
Enforcement Officer. No building permit or certificate of occupancy
shall be issued by the ZEO except where all the provisions of this
chapter have been complied with.
A.
No person shall commence the erection, construction,
enlargement, alteration, repair, removal, improvement, demolition,
conversion or change in the nature of the occupancy of any building
or structure, or cause the same to be done, without first obtaining
a separate building permit from the Zoning Enforcement Officer for
each such building or structure; except that no fee shall be required
for the performance of ordinary repairs which are not structural in
nature.
B.
Application for a building permit shall be made to
the Zoning Enforcement Officer on forms provided by him and shall
contain the following information:
(1)
A description of the land on which the proposed work
is to be done.
(2)
A statement of the use or occupancy of all parts of
the land and of the building or structure.
(3)
The valuation of the proposed work.
(4)
The full name and address of the owner and of the
applicant and the names and addresses of their responsible officers,
if any of them are corporations.
(5)
A brief description of the nature of the proposed
work.
(7)
Such other information as may reasonably be required
by the Zoning Enforcement Officer to establish compliance of the proposed
work with the requirements of the applicable provisions of this chapter,
building laws, ordinances, rules, regulations, the New York State
Uniform Fire Prevention and Building Code and the Energy Conservation
Construction Code.
C.
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 a notarized
affidavit of the owner or applicant that the proposed work is authorized
by the owner and that the applicant is authorized to make such application.
D.
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan drawn to scale, showing the location and size of all proposed
new construction and all existing structures on the site, the nature
of the work to be performed and the materials to be incorporated,
distance from lot lines, the relationship of structures on adjoining
property, widths and grades of adjoining streets, walks and alleys,
and where required by the Zoning Enforcement Officer, details of structural,
mechanical and electrical work, including computations, stress diagrams
and other essential technical data. Plans and specifications shall
bear the signature of the person responsible for the design and drawings.
The Zoning Enforcement Officer may waive the requirement for filing
plans.
E.
All water supply and sewage disposal installations
shall conform to the Dutchess County Department of Health regulations.
No plot plan shall be approved by the Zoning Enforcement Officer in
any zone unless such conformity is certified on the plan. Drainage
affecting adjacent properties shall be considered by the Zoning Enforcement
Officer before issuing a building permit, including possible runoff
to said properties. The Zoning Enforcement Officer may request an
evaluation of the drainage plan from the Dutchess County Soil and
Water Conservation District.
F.
Amendments to the application or to the plans and
specifications accompanying the same may be filed at any time prior
to the completion of the work, subject to the approval of the Zoning
Enforcement Officer.
A.
The Zoning Enforcement Officer shall examine or cause
to be examined all applications for permits and the plans, specifications
and documents filed therewith. The Zoning Enforcement Officer shall
recommend approval or disapproval of the application and refer the
recommendation to the Planning Board and Zoning Board of Appeals.
His or her final approval or disapproval shall go into effect 48 hours
after written referral to the Planning Board and Zoning Board of Appeals.
B.
Upon approval of the application and upon receipt
of the legal fees, he or she shall issue a building permit to the
applicant upon the form prescribed by him or her and shall affix his
or her signature or cause such signature to be affixed thereto.
C.
Upon the approval of the application, both sets of
plans and specifications shall be endorsed with word "approved." One
set of such approved plans and specifications shall be retained in
the files of the Zoning Enforcement Officer, and the other set shall
be returned to the applicant, together with the building permit, and
shall be kept at the building site open to inspection by the Zoning
Enforcement Officer or an authorized representative at all reasonable
times.
D.
If the application together with plans, specifications
and other documents filed therewith describe proposed work which does
not conform to all of the requirements of the applicable building
regulations, the Zoning Enforcement Officer shall disapprove the same
and shall return the plans and specifications to the applicant. Upon
the request of the applicant, the Zoning Enforcement Officer shall
cause such refusal, together with the reasons therefore, to be transmitted
to the applicant in writing.
A.
A building permit shall be effective to authorize
the commencing of work in accordance with the application, plans and
specifications on which it is based for a period of 12 months after
the date of its issuance. For good cause, at the request of the applicant,
the Zoning Enforcement Officer may allow a maximum of two extensions
for period not exceeding six months each.
B.
The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building laws, ordinances or regulations. All work
shall conform to the approved application, plans and specifications.
A.
Upon the filing of an application for a building permit, such fees shall be payable as provided in § 230-63.
B.
In the event that an application for a building permit
is not approved, the applicant shall be entitled to a refund of 50%
of the fee paid, provided that no construction has been commenced.
C.
Upon the expiration of a building permit which has
been neither voided nor closed out, an extension fee equal to the
original building permit fee will be charged.
A.
The Zoning Enforcement Officer may revoke a building
permit theretofore issued and approved in the following instances:
(1)
Where he or she finds that there has been any false
statement or misrepresentation as to a material fact in the application,
plans or specifications on which the building permit was based.
(2)
Where he or she finds that the building permit was
issued in error and should not have been issued in accordance with
the applicable law.
(3)
Where he or she finds that the work performed under
the permit is not being prosecuted in accordance with the provisions
of the application, plans or specifications.
(4)
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Zoning Enforcement Officer.
B.
After the building permit has been revoked, the Zoning
Enforcement Officer, at his or her discretion, before issuing the
new building permit may require a bond in the favor of the Village
of Millbrook with sufficient surety conditioned for compliance with
this chapter and all provisions of this chapter, laws and regulations
then in force and in a sum sufficient to cover the cost of removing
the building if it does not so comply.
Whenever the Zoning Enforcement Officer has
reasonable grounds to believe that work on any building or structure
is being prosecuted in violation of the provisions of this chapter
or other applicable building laws, ordinances, rules or regulations
or not in conformity with the provisions of an application, plans
or specifications on the basis of which a building permit was issued
or in an unsafe and dangerous manner, he or she shall notify the owner
of the property or the owner's agent or the person performing the
work to suspend all work, and any such persons shall forthwith stop
such work and suspend all building activities until the stop order
has been rescinded. Such 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 her or by posting the same upon a conspicuous
portion of the building under construction and sending a copy of the
same by registered mail.
Any building official, upon the showing of proper
credentials and in the discharge of his or her official duties, may
request of the owner or occupant of any structure or premises entry
for the purpose of inspection of the premises pursuant to his or her
official duties at any reasonable hour. In the event that the owner
or occupant refuses such official entry, the official charged with
conducting such inspection pursuant to law shall be required to obtain
a search warrant requiring the owner or occupant in charge to allow
entry. In the event of a request by the official to the owner or occupant
to allow entry, the official shall advise the owner or occupant of
his or her constitutional right to deny entry, but that if such entry
is refused, the official may secure a court warrant permitting such
entry.
A.
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Zoning Enforcement Officer.
B.
No building hereafter enlarged, extended or altered
or upon which work has been performed which required the issuance
of a building permit shall continue to be occupied or used for more
than 30 days after the completion of the alteration or work unless
a certificate of occupancy shall have been issued by the Zoning Enforcement
Officer.
C.
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Zoning Enforcement Officer.
D.
The owner or his or her 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 Zoning Enforcement Officer an affidavit of the registered
architect or licensed professional engineer who filed the original
plans or of the registered architect or licensed professional engineer
who supervised the construction of the work or the superintendent
of construction who supervised the work and who, by reason of his
or her experience, is qualified to superintend the work for which
the certificate is sought. This affidavit shall state that the approved
plans of the structure for which a certificate of occupancy is sought
have been examined, that the structure has been erected in accordance
with approved plans and as erected, complies with the provisions of
this chapter and all other laws governing building construction except
insofar as variations therefrom have been legally authorized. Such
variations shall be specified in the affidavit.
Before issuing a certificate of occupancy, the
Zoning Enforcement Officer shall examine or cause to be examined all
buildings, structures and the site for which an application has been
filed for a building permit to construct, enlarge, alter, repair,
remove, demolish or to change the use of the building, and he or she
may conduct such inspections as he or she deems appropriate from time
to time during and upon completion of the work for which a building
permit has been issued. There shall be maintained by the Village a
record of all such inspections and examinations together with a record
of findings in violations of the law.
A.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
provisions of this chapter, building laws, ordinances, rules and regulations,
and also in accordance with the application, plans and specifications
filed in connection with the issuance of the building permit, the
Zoning Enforcement Officer shall issue a certificate of occupancy
upon the form provided by such Officer. If it is found that the proposed
work has not been properly completed, the Zoning Enforcement Officer
shall refuse to issue a certificate of occupancy and shall order the
work completed in conformity with the building permit and in conformity
with the applicable building regulations.
B.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after application therefor is made. Failure
to act upon such application within 30 days shall constitute approval
of such application, and the building or portion thereof may thereafter
be occupied as though a certificate of occupancy had been issued.
C.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the applicable building laws,
ordinances and regulations and shall specify the use or uses and the
extent thereof to which the building or structure or its several parts
may be put.
Upon request, the Zoning Enforcement Officer
may issue a temporary certificate of occupancy for a building or structure,
or part thereof, before the entire work covered by the building permit
shall have been completed, provided that such portion or portions
as have been completed may be occupied safely without endangering
life or the public welfare.
[Added 6-23-2010 by L.L.
No. 4-2010; amended 3-8-2011 by L.L. No. 1-2011]
A.
Upon receipt of written notice or order from the Zoning Administrator or Building Inspector that a violation of Chapter 86, "Buildings, Unsafe," Chapter 105, "Fire Prevention and Building Construction," Chapter 230, "Zoning," and/or the New York State Uniform Fire Prevention and Building Code exists at a property, no building permit or certificate of occupancy shall be issued for any use for such property. Further, the Planning Board or the Zoning Board of Appeals, as the case may be, shall not review, hold public meetings or public hearings on, and shall take no action regarding an application for special use approval, site plan approval, subdivision approval, area variance approval, use variance approval, or interpretation in relation to the subject property until notified by the Zoning Administrator that such violation has ceased or been cured.
B.
If no written notice or order has been issued against a property,
nothing in this section shall be deemed to prevent the Zoning Board
of Appeals or Planning Board from reviewing and acting upon an application
from the property owner.
C.
Notwithstanding Subsection A above, if any violation of this chapter is discovered by the Zoning Administrator while an application is under review, the Zoning Administrator shall issue a written notice or order to the property owner and shall copy such notice or order to any Board currently reviewing an application for the subject property. Upon the receipt of such notice, no building permit or certificate of occupancy shall be issued for any use for such property. Further, the Planning Board or the Zoning Board of Appeals, as the case may be, shall immediately stop its review of, shall not hold public meetings or public hearings on, and shall take no further action regarding an application for special use approval, site plan approval, subdivision approval, area variance approval, use variance approval, or interpretation in relation to the subject property until notified by the Zoning Administrator that such violation has ceased or been cured.
D.
Exceptions:
(1)
An exception exists if an application to the Planning Board
or the Zoning Board of Appeals, the building permit or the certificate
of occupancy is necessary and required to cure an existing violation.
In such instance, the Zoning Board of Appeals, Planning Board or the
Building Department may consider the application after written notice
from the Zoning Administrator confirming that the application is necessary
and required to cure an existing violation.
(2)
The Zoning Administrator may grant an exception to this section
if all of the following facts apply:
(a)
In the opinion of the Zoning Administrator, there is no nexus
or connection between the proposed application, whether to the Planning
Board, Zoning Board of Appeals or the Building Department, and the
cited violation. For example, if a property owner receives a violation
for constructing an outdoor deck without a building permit, but is
seeking a building permit to construct a garage in which to park vehicles;
and
(b)
In the opinion of the Zoning Administrator, the property owner
is diligently working to cure the cited violation.
A.
The Planning Board consists of five appointed members
who carry out the following responsibilities:
(1)
Review of applications and appeals and criteria.
(2)
Review all applications for special uses in accordance
with applicable criteria of this chapter.
(3)
Review all site plan applications in accordance with
applicable criteria in this chapter.
(4)
Review all requests for cluster subdivisions, mobile
home parks, alley development and other similar provisions that require
analysis and interpretation beyond that which is expected from the
Zoning Enforcement Officer.
B.
Report of findings. The Planning Board may approve,
disapprove or approve subject to conditions or modifications and shall
report and record its findings within 30 days of receipt of conditions
and modifications and must include the reasons for its decision.
A.
A violation of this chapter is a violation punishable
by fine not exceeding $250 for any offense. Each week that a violation
is permitted shall constitute a separate offense.
B.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained or any building,
structure or land is used in violation of this chapter or of any provision
of this chapter or law or regulation, the Village Board, or with their
approval, the Zoning Enforcement Officer or other proper official,
in addition to other remedies, may institute any appropriate action
or proceedings to prevent such unlawful erection, construction or
use to restrain, correct or abate such violation, to prevent the occupancy
of said building, structure or land or to prevent any illegal act,
conduct, business or use in or about such premises.
A.
Procedure for applicant.
(1)
An appeal to the Zoning Board of Appeals from any
ruling of any administrative officer administering any portion of
this chapter may be taken by any person aggrieved, or by an officer,
board or bureau of the Village affected thereby. Such appeal shall
be taken with the Zoning Board of Appeals by filing with the secretary
thereof a notice of appeal specifying the grounds therefor within
60 days after the filing of any order, requirement, decision, interpretation
or determination of the Zoning Enforcement Officer.
(2)
All applications and appeals made to the Board of
Appeals shall be, in writing, on forms prescribed by the Zoning Enforcement
Officer.
(3)
Every application or appeal shall refer to the specific
provision of this chapter and shall exactly set forth the interpretation
that is claimed, the plans for a special use or the details of the
variance that is applied for, in addition to the following information:
(a)
The name and address of the applicant, appellant.
(b)
The name and address of the owner of the district
lot to be affected by such proposed change or appeal.
(c)
A brief description and location of the district
lot to be affected by such proposed change or appeal.
(d)
A statement of the present zoning classification
of the district in question, the improvements thereon and the present
use thereof.
(e)
A reasonably accurate description of the present
improvements and the additions or changes intended to be made under
this application, indicating the size of such proposed improvements,
materials and general construction thereof. In addition, there shall
be attached a plot plan of the real property to be affected, indicating
the location and size of the lot and size of improvements thereon
and proposed to be erected thereon.
B.
Procedure for Zoning Enforcement Officer.
(1)
The notice of appeal in any case where a permit has
been granted or denied by the Zoning Enforcement Officer shall be
filed within such time as shall be prescribed by the Zoning Board
of Appeals under general rule after notice of such action granting
or denying the permit has been mailed to the applicant. The Zoning
Enforcement Officer shall forthwith transmit to the Zoning Board of
Appeals all papers constituting the record upon which the action appealed
from was taken, or in lieu thereof, certified copies of said papers.
(2)
It shall be competent for the Zoning Enforcement Officer
to recommend to the Zoning Board of Appeals a modification or reversal
of his or her action in cases where he or she believes substantial
justice requires the same, but where he or she has not sufficient
authority to grant the relief sought.
C.
Procedure for the Zoning Board of Appeals. The Zoning
Board of Appeals shall decide each appeal within 62 days. Upon the
hearing any party may appear in person or be represented by an agent
or attorney. The Zoning Board of Appeals' decision shall be filed
in the office of the Village Clerk within five business days after
the day such decision is rendered, and a copy thereof shall be mailed
to the applicant. Such decision shall also be immediately filed in
the office of the Zoning Board of Appeals and be a public record.
In the exercise of its functions upon such appeals or upon exceptions,
the Zoning Board of Appeals may, in conformity with the provisions
of this chapter, reverse or affirm, wholly or partly, or modify the
order, requirement, decision or determination appealed from or may
make such order, requirement, decision or determination in accordance
with the provision hereof.
[Amended 12-16-1997 by L.L. No. 2-1997]
D.
Expiration of appeal decision. Unless otherwise specified
by the Zoning Board of Appeals, a decision on any appeal or request
for a variance shall expire if the applicant fails to obtain any necessary
building permit or comply with the conditions of said authorized permit
within six months from the date of authorization thereof.
E.
Stay of proceedings. Whenever there are reasonable
grounds therefor, the Zoning Board of Appeals may grant a stay of
proceedings pending final determination upon application of any interested
party, unless such a stay would cause imminent peril to life or property
and upon such terms and conditions as may be just and equitable.
F.
Appeal from decision of Zoning Board of Appeals. All
decisions of the Zoning Board of Appeals are subject to court review
in accordance with applicable laws of the State of New York.
The Zoning Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and give public notice thereof by the publication in the official
paper of a notice of such hearing as provided by the Village Law.
A.
Notice to interested parties. In case of any appeal,
all interested parties as designated in the Village Law shall be notified
as provided therein.
B.
Adjournment of hearing. Upon the day for hearing any
application or appeal, the Zoning Board of Appeals may adjourn the
hearing for a reasonable period for the purpose of causing such further
notice as it deems proper to be served upon such other property owners
as it decides may be interested in said application or appeal.
C.
Required interval for hearing on applications and
appeals after denial. Whenever the Board, after hearing all the evidence
presented upon an application or appeal, under the provision of this
chapter, denies the same, the Zoning Board of Appeals shall refuse
to hold further hearings on the same or substantially similar application
or appeal by the same applicant, his or her successor or assignee
for a period of one year, except and unless the Zoning Board of Appeals
shall find and determine from the information supplied by the request
for a rehearing that changed conditions have occurred relating to
the promotion of the public health, safety, convenience, comfort,
prosperity and general welfare and that a reconsideration is justified.
Such rehearing would be allowable only upon a motion initiated by
a member of the Zoning Board of Appeals and adopted by the unanimous
vote of the members present, but not less than a majority of all members.
A.
Fees for permits, hearings, reviews and appeals are
set by resolution of the Village Board. See appendix for a listing
of current fees.[1] All fees shall be paid at the office of the Zoning Enforcement
Officer upon the filing of an application.
[1]
Editor's Note: The current fee resolution
is on file and available for inspection at the Village offices.
B.
In addition to the fees, an applicant shall pay for
the expenses incurred as a result of mailings when the notification
of abutters is required. In the event that an application requires
the Village to incur additional and extraordinary expenses for technical
assistance in the review of an application, the applicant shall pay
the reasonable expenses incurred by the Village. The applicant shall
be notified of the expense and shall deposit said necessary covering
funds prior to the cost being incurred.
