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
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\[3\] 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.
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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.
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