Town of Tuxedo, NY
Orange County
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Table of Contents
Table of Contents
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 Inspector. No building permit shall be issued unless the proposed construction or use is in fall 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.
A. 
Every application for a building permit shall contain the following information and shall 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. Fees shall be in accordance with the Standard Schedule of Fees of the Town of Tuxedo as may be adopted from time to time by resolution of the Town Board.
(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.
(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.
(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.
C. 
No building permit shall be issued for any building where the site plan for such building is subject to approval by the Planning Board, except in conformity with the plans approved by the said Planning Board. All such plans shall be signed by the Chairman (or Acting Chairman) and the Town Engineer.
[Amended 2-10-1993 by L.L. No. 2-1993]
D. 
No building permit shall be issued for any special permit use in any district where such use is subject to approval by the Zoning Board of Appeals or Town Board unless and until such approval has been duly granted by said Board.
E. 
The building permit application and all supporting documentation shall be made in triplicate. On the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant.
F. 
The Building 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 Inspector shall state in writing to the applicant the reasons for such denial.
G. 
Every building permit shall expire if the work authorized has not commenced within 12 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 subject property have been enacted in the interim, the Building 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.
H. 
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 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.
A. 
Prohibited acts.
[Amended 3-25-1992 by L.L. No. 2-1992]
(1) 
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building Inspector:
(a) 
Occupancy and use of a building erected, reconstructed, restored, structurally altered or moved or any change in use of an existing building.
(b) 
Occupancy or use or any change in the use of any land.
(c) 
Any change in use of a nonconforming use.
(2) 
No change shall be made in the use or type of occupancy of an existing building or structure or change in the use of land unless a certificate of occupancy authorizing such change in use shall have been issued by the Building Inspector. A change in use shall include, but not be limited to, a change in or of the type, class, nature or scope of the goods, services or operation.
B. 
No certificate of occupancy shall be issued for any special permit use of a building or of land requiring special permit approval or for any land or use requiring site plan approval by the Planning Board unless and until such special permit or site plan approval has been duly granted by the Planning Board. Every certificate of occupancy for which special permit 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 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 Inspector within 10 days after receipt of a properly completed application. If a certificate of occupancy is denied, the Building 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 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 Inspector shall investigate any alleged violation of the performance standards; and if there are reasonable grounds to believe that a violation exists, he 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 Tuxedo 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. 
A record of all certificates of occupancy shall be kept in the office of the Building 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.
A. 
It shall be the duty of the Building 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 Inspector or his 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 their duties, provided that:
(1) 
The Building Inspector shall notify the owner and tenant before conducting any inspection.
(2) 
The Building Inspector or his duly authorized assistants shall display identification signed by the Supervisor upon commencing an inspection.
(3) 
Inspections shall be commenced in the presence of the owner or his representative or tenant.
C. 
The Building 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 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 Inspector shall submit to the Town Board, for insertion in the Town Board minutes, a written report summarizing for the month all building permits and certificates of occupancy issued by him, as well as complaints of violations and action taken as a result of such complaints.
A. 
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 not more than $5,000 and/or imprisonment for not more than six months, or both, for each offense.
[Amended 10-10-1979 by L.L No. 7-1979; 3-25-1992 by L.L. No. 1-1992]
B. 
The owner, general agent or contractor of a building or 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 commits, takes part or assists in such violation shall also be guilty of such an offense.
D. 
Each and every week that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be written by the Building Inspector and shall be served by mail or by personal service.
[Amended 10-10-1979 by L.L. No. 7-1979]
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.