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HomeMy WebLinkAboutLL 09 of 2005 Temporary CO Fees.doc TOWN OF ITHACA LOCAL LAW NO. 9 OF THE YEAR 2005 A LOCAL LAW AMENDING CHAPTERS 125 AND 153 OF THE CODE OF THE TOWN OF ITHACA TO GRANT THE TOWN BOARD DISCRETION TO REDUCE THE FEES AND INCREASE THE DURATION OF TEMPORARY CERTIFICATES OF OCCUPANCY IN LIMITED CIRCUMSTANCES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 125 of the Town of Ithaca Code, ' 125-6, subdivision B, subparagraph (8) is amended by deleting said subparagraph and inserting instead the following: (8) The temporary certificate of occupancy shall be issued for such period as the Building Inspector may elect, but not in any event to exceed six months, except as provided below. However, the Building Inspector may renew the certificate for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a temporary certificate. Section 2. Chapter 125 of the Code of the Town of Ithaca, ' 125-6, subdivision B, is amended by renumbering subparagraphs (9) and (10) as subparagraphs (10) and (11) respectively, and by adding a new subparagraph (9) reading as follows: (9) Notwithstanding the foregoing provisions of subparagraph (8) above, however, the Town Board may, after public hearing on at least five days= notice upon the application of the property owner, authorize the Building Inspector (a) To issue a temporary certificate of occupancy for a period greater than six months if the Board finds \[1\] It is likely the conditions which require the issuance of temporary certificate of occupancy will extend for a period in excess of six months; and \[2\] Denial of an extended period for the certificate would create a significant hardship to the applicant; and 1 \[3\] It is reasonably anticipated that the applicant can complete the project and obtain a permanent certificate no later than the expiration date of the extended period; and \[4\] The life of the temporary certificate, including any extended period, is not greater than three years; and \[5\] All other conditions for the issuance of a temporary certificate of occupancy set forth in this ' 125-6, subdivision B, have been met. (1) To reduce or waive the fee charged for a temporary certificate of occupancy if the Board finds \[1\] The fee for the original building permit was sufficiently large to cover the costs to the Town, including Building Inspector inspection time and review time, of processing, reviewing and overseeing the issuance and implementation of the original building permit, the final certificate of occupancy, and any temporary occupancy certificates including the one for which a reduction in fee is requested; and \[2\] The payment of the fee as normally determined hereunder would be a significant financial hardship to the applicant; and \[3\] The need for the temporary certificate of occupancy was not created by the lack of diligence of the applicant in prosecuting the work of the project to completion; and \[4\] The reduction in fee is the minimum necessary to alleviate the hardship to the applicant and still cover the costs to the Town referred to above. \[5\] All other conditions for the issuance of a temporary certificate of occupancy set forth in this ' 125-6, subdivision B, have been met. 2 The Town Board, in granting an application for a longer temporary certificate of occupancy or a reduction in fee may impose such reasonable conditions as it deems appropriate under the circumstances pertaining. Section 3. Chapter 153 of the Code of the Town of Ithaca, ' 153-7, subdivision A, is amended by deleting said subdivision and inserting instead the following: A. The fee for the issuance of a temporary certificate of occupancy related to a building permit shall be the greater of $25 or 50% of the building permit fee, unless reduced or waived pursuant to ' 125-6. B. (9) of the Code of the Town of Ithaca. Section 4. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 5. This local law shall take effect upon the later of its posting and publication or its filing with the New York Secretary of State. 3