HomeMy WebLinkAboutLL 05 of 1990 Temporary Certificates of Occupancy (Please Use(fits Form for Filing your Local Law witli the Secretary of State)
Text of law should be given as amended. Do not include matter-being
eliminated and do not use italics or underlining to indicate new matter.
woof
Ithaca
Town ............................................................................................................................
LocalLaw No.............5...........................................of the year 19..90....
A local law..,10 AMEND .TOWN OF ITHACA LOCAL LAW NO. 1 FOP. THE YEAR
................................................................................................................................... ...........
(!men title)
1981 AS SUBSEQUENTLY AMENDED TO PROVIDE FOR THE ISSUANCE
OF TEMPORARY CERTIFICATES OF OCCUPANCY
Be it enacted by the ............................... �
Town...Board...... ........................................I..................of the
(Nene at Le�lelrtCte nodr)
W
Townof................................................................Ithaca............................................................................ as follows:
Local Law No. 1 of the Town of Ithaca for the year 1981 entitled "A
Local Law to Adopt the New York State Fire Code" as amended by Local
Law No. 14 for the year 1987 is further amended as follows:
Section 1. Section 5.C.2. of said Local Law as amended is hereby
deleted and a new Section 5.C.2. is inserted reading as follows-
,5.C.2.
ollows:'5.C.2. Upon request, the Building Inspector may issue a temporary
certificate of occupancy for a building or structure, or part thereof,
pending completion of the work and before the entire work covered by a
building permit has been completed upon the conditions and limitations
set forth below.
(a) Before issuing a temporary certificate of occupancy the
Building Inspector must find
( i) the portion or portions of the work for which the
certificate is sought may be used or occupied
temporarily without endangering life, property or the
public welfare; and
M11 additional space is needed lease attach sheets of the same size as this and number each
Page 1
(ii) practical difficulties exist in completing the building
to the point where the building would qualify for a
permanent certificate of occupancy because of
(A) construction delays resulting from
(l) unfavorable and unusually difficult weather
conditions, or
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(2) inability to timely obtain materials, or
(3) other conditions found by the Building
Inspector to warrant early occupancy, or
(B) the need to occupy the premises before a building
qualifies for a permanent certificate of occupancy
is related to the normal seasonal occupancy dates
(e.g., late August when the community has the
normal influx of University related residents); or
(C) any other reason found by the Building
to be appropriate for the issuance of such
temporary certificate.
(b) The granting of a temporary certificate of occupancy is
solely within the discretion of the Building Inspector andno applicant shall have a right to same.
/
! (c) In addition to the conditions on such certificates imposed
by this local law, the Building Inspector my impose such
conditions on the issuance of such certificates as the
Building Inspector my reasonably require to protect the
health, safety and welfare of the public including the
persons that may be in or around the building or structure
being partially occupied. Such conditions may also include
the requirement that the applicant post security in the form
of a bond, cash, or letter of credit with the Town to assure
that the building or structure for which a temporary
certificate of occupancy is sought will be fully completed
and qualify for a permanent certificate of occupancy for the
entire building within a stated period of time, or will be
vacated if no such certificate is obtained within such
period of time, such security to be available to the Town to
�-` enable the -_- -- -__.= an action to enjoin continued
occupancy in the abnsuoo of a permanent certificate and to
take such other steps aamaybe reasonably necessary or
appropriate to [nzxent the IsbIio health and welfare.
(d) If the Tom Board, in its discretion,
~_.
the temporary --_-_-_---_ of occupancy -
|
Town Board may overrule the Building in which
�
event the temporary certificate shall terminate 30 days
after its issuance or 15 days after the decision overruling
the Building Inspector, whichever is later.
(e) The issuance of temporary certificate of occupancy does not
YeQe la
relieve the applicant from fulfilling any and all
requirements not yet completed at the date of the issuance
of the temporary certificate of occupancy.
(f) Issuance of a temporary certificate of occupancy is not to
be construed as a determination that a final certificate of
occupancy will be automatically issued.
(g) In addition to the Town Board I s privilege of revoking the
temporary certificate of occupancy, it may also be revoked
by the Building Inspector at any time under one or more of
the following circumstances:
i) The Building Inspector becomes aware of a condition
which presently endangers, or in the future may,
endanger life, health, property, or the public
welfare, including the health or welfare of any
persons in or around the premises subject to the
temporary certificate.
ii) The Building Inspector determines in his judgement
that the applicant is not proceeding diligently and
properly to complete whatever work remains in order
to obtain a permanent certificate of occupancy.
(iii) The Building Inspector becomes aware of information
not previously submitted or available that makes
issuance of a temporary certificate of occupancy
reasonably inappropriate or inadvisable.
iv) The Building Inspector determines the existence of
any other circumstance which reasonably requires the
revocation of the certificate.
(h) 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. 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.
(i) A temporary certificate of occupancy can also be granted by
the Building Inspector in those circumstances not involving
new construction where a violation of the Zoning Ordinance
or other rule or regulation becomes apparent to the Building
Inspector, the owner or other person in possession is taking
action (either by construction or by application for an
appropriate variance) to correct the violation, and the
issuance of the temporary certificate of occupancy will not
endanger life, health, property, or the public welfare. The
issuance of a temporary certificate of occupancy under these
circumstances and the right to revoke same are governed by
the same provisions relating to the issuance of a temporary
certificate of occupancy based upon construction pursuant to
a building permit.
Page lb
(j) The fees for issuance of a temporary certificate of
occupancy are as follows:
(A) If there is no new construction involved requiring
a building permit, the fee is $25.00.
(B) If the temporary certificate of occupancy is
issued in connection with construction for which a
building permit is required, the fee for issuance
of the temporary certificate of occupancy shall be
one-half of the fee for the building permit but in
any event not less than $25.00.
Section 2. In the event any portion of this local law is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of
invalidity.
Section 3. This Local Law shall take effect upon its filing with the
Secretary of State or twenty days after its adoption, whichever is
later.
Page 1c
(Complete the certification lathe paragrophwhich applies to thofiling of thislocal law and strike out the
matter therein which is not applicable.)
1, (final adoption by local legislative hody only.)
I hereby certify that the local law annexed hereto,designated as local law No. .....5..........of 199.0...
of the of...........Ithaca.........was duly passed by the Town...Soard..........................................
Town ..
® (Noma of Legislative Body)
.................19..90 in accordance with Lite applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief, Executive Officer,*
or repassage after disapproval.)
I hereby certify that tire local law annexed hereto,designated as local law No.....................of 19....,...
County
of the City of........................ .........was duly passed by the .........
Town ...., .............. ....... ..........,..,
...... ...............................
(Name of Legislative Body)
Village
not disapproved
oil..................................................19........ and was approved by the....................,,.................................
repassed after disapproval Elective chief Executive officer*
and was deemed duly adopted oil........................................................19........ , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
1 hereby certify that thelocal law annexed hereto,designated as local law No................... of 19..........
County
ofthe City of......................................was duly passed by the..........,..... ........ ..........................
Town N L Body)(Nome of Legislative Body)
Village not disapproved
on...................................................19........ and was approved by Lite.... i.,,,,,,,,,,..,.........,..,,.,.,..,.,.,.......,.,,,,.,,.
repassed after disapproval Eiecttre Chisf TNxacutive pfficer
Oil......................................................................19........ Such local law was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on................................................:.....19........, in accordance with the appli-
annual
cable provisions of law.
A. (Subject to permissive referondun►,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No................... of 19.......,.,
County
ofthe CitTown of......................................was duly passed by the....................... . ... . . ............ .................... ...................oil
(Name of Legislative Body)
Village not disapproved
......................................................19........ and was approved by the..........,..,...........................................on
repassed after disapproval Elective Chief Executive officer*
..............................................................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19....,..., in accordance with the applicable provisions of law.
•Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or,U then be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
when such officer is vested with power to approve or veto local laws or ordinances.
Page 2
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local late annexed hereto,designated as local law No.....................of 19........
of the City of..........................................................................having been submitted to referendum pursuant to the
1!rovisions of§37 of the Municipal Home Rule Law,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on..................................
general
................19............became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as Local Law No.......of 19......of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November........... 19...........pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal llonte Rule Law,aud having received tate affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(if any other authorized form of final adoption has been followod, please provide an appropriate
certification.)
P" 1 further certify that.l have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local low, and was
finally adopted in the manner indicated in paragraph.............1............ above.
Town IM�Clork 10
Date: April 10, 1990
(Seal)
(Certification to he executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF.......Tompl i.........................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
......... ...................
stla.ture John C. Barney
..,�„ .. .,Tom, Attornex,„l.,.,
Tttte +•,••
Date: P 3/I civ
of.......Ithaca
Town ...........................................
Page 3
14-16-4(2187)—Text 12
PROJECT I.D.NUMBER 617.21 FINAL SEOR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESS MENRISrOMMATE
For UNLISTED ACTIONS Only D`sPOSITION DATE
PART I—PROJECT INFORMATION(To be completed by Applicant or Project sponsor) L
L-a-al-
1. APPLICANT/SPONSOR 2. PROJECT NAME
Town of Ithaca Proposed Local law Further Amending L.L.#1— 98
3. PROJECT LOCATION:
Municipality Town of Ithaca county Tompkins
4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map)
Townwide, excluding Village of Cayuga Heights
5. IS PROPOSED ACTION:
11 Now El Expansion tE Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Local Law amending Local. Law No. 1-1981, as subsequently amended, to
provide for the issuance of Temporary Certificates of Occupancy.
7. AMOUNT OF LAND AFFECTED.
Initially_- N.A. acres Ultimately N.A. acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
AR yes, ED No If No,describe briefly
if adopted as amendment.
a. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
U Residential 91 Industrial 13Commercial t.J Agriculture ParktForest/Open space KI Other
Describe:Would apply to all types of regulated development (see proposed
amendment).
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)?
M yes r❑-1 No If yes,list agency(s)and permitlapprovals,
New York State -- Filing with Secretary of State.
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
11 yes Jallo If yes,list agency name and permItlapproval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION?
1:1 yes UNo
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicantfsponsor name. Andrew S. Frost, Building Inspector Data: April 3, 1990
Town of Ithaca
Signature:
If the action Is In the Coastal Area,and you are a state agency,complete the
Coastal Assessment Form 56fore proceeding with this assessment
OVER
............................................_'._"'...........................
PART It—ENVIRONMENTAL ASSESSMENT(To be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE i THRESHOLD IN 6 NYCRR,PART 617.12? if yes,coordinate the review process and use the FULL EAF.
❑Yes KI No
B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? It No,a negative declaration
may be superseded by another involved agency.
❑Yes FLI No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,If legible)
C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,
potential for erosion,drainage or flooding problems?Explain briefly:
See attached,
C2.Aesthetic,agricultural,archaeological,historic,or oNter natural or cultural resources;or community or neighborhood character?Explain briefly:
See attached.
C3.Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly:
See attached.
C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly.
See attached
C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly.
See attached.
C6. Long term,short term,cumulative,or other effects not identified In C405?Explain briefly.
See attached.
C7.Other Impacts(including changes In use of either quantity or type of energy)?Explain briefly.
See attached.
D.IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yes JjNo If Yes,explain briefly
PART III—DETERMINATION OF SIGNIFICANCE(ro be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether It is substantial,large,Important or otherwise significant.
Each effect should be assessed In connection with Its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)
Irreversibility;(e)geographic scope;and(f)magnitude.if necessary,add attachments or reference supporting materials.Ensure that
explanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and adequately addressed.
❑ Check this box If you have identified one or more potentially large or significant adverse Impacts which MAY
occur.Then proceed directly to the FULL EAF and/or prepare a positive declaration.
Check this box If you have determined, based on the Information and analysis above and any supporting
documentation,that the proposed action WILL NOT result In any significant adverse environmental impacts
AND provide on attachments as necessary,the reasons supporting this determination:
TOWN OF ITHACA TOWN BOARD
Name of Lead Agency
Shirley A. Raffensperger Town Supervisor
Print r Type Name of Respon i Ie Officer in Lead Agency Title of Responsible `Officer
` Signature of Responsible Officer to Lead Agency -Signature of Preparer(if different from responsible icer
:4Z Susan C. Beeners 4/3/90
Date
2
PART II - Environmental Assessment -- Proposed imendment to Local Law
No. 1-1981 toravide for the issuance of Temporary Certificates of
222aancy-
A. Action is Unlisted.
B. Action will not receive coordinated review.
S. Could action result in an adverse effects an, ta, or arising
fromthe fallowing:
Cl. Existing air quality, surface, or groundwater quality or
aru2aEnEtjtEVX1, noise levels, existing
Haste reduction or die Deal,�Pot�ential for erosion,
drainage,
Typical circumstances when a temporary certificate of
occupancy might be granted include adverse weather
conditions and changes in construction scheduling. Adequate
demonstration of practical difficulty would be required.
There may be minor temporary impacts to land with
respect to the associated postponement of full approval of
some aspects of site work, but it is assumed that the
Building Inspector would normally consult with Engineering
and Planning staff prior to the issuance of a temporary
certificate of occupancy, at which time additional
requirements related to the timing and extent of such
aspects as drainage management and erosion control might be
imposed.
Potential environmental impacts related to
readjustments in work scheduling, site work, and property
transfer completion are expected to be substantially
mitigated or controlled, given the provisions for revoking
the temporary certificate of occupancy, if adequate
precautions for the prevention of endangerment of property
are not being taken, and provided that "endangerment of
property" includes the ability to impose additional
requirements related to control of environmental impacts
prior to the issuance of same.
C2. Aesthetic, agricultural, archeological, historic, or other
natural or cultural resources, orcaunit
character?
Not expected, as discussed in Cl. Provisions for
revoking the temporary certificate of compliance are assumed
to be accompanied by a coordinated review of the compliance
aspects of the project.
C3. vegetation or fauna, fish,_shellfish or wildlife species,
significant habitats, or threatened or endangered
Not expected. Developers would remain bound by any
conditions and mitigation measures included in the overall
project approval,
PART II EAS : Proposed Amendment to Local Law No. 1-1981 -2-
C4. A community's existing plans or goals as officially adopted,
or a change other
natural resources?
Given the provisions and terms of the Law amendment, no
impact to these factors is expected. There would be some
deviation from the current regulations which require full
completion of certain requirements related to certificate
issuance, but the conditions under which a temporary
certificate would be issued are considered appropriate to
warrant such issuance. No Town control of the specific
project would be lost.
C5. Growth, subsequent development, or related activities likely
to be induced by the proposed action?
Not expected, as the proposed Law amendment would
pertain to all development projects which are subject to
building permitting. Increased enforcement/inspection work
load should be partly mitigated by improved standards.
C6. Long term, short term, cumulative, or other effects not
identified in Cl-05?
Not expected, as discussed above. Provisions contained
in the Law amendment are expected to control potential long
term or other impacts.
C7. other impacts (including changes in use of eLLher c�uantit�
or type of energy}?
No significant impacts are expected.
D. Is there, or is. there likely to be, controveK�s related to
potential adverse environmental impacts?
None is known or anticipated at the time of review.
PART III
A negative determination of environmental significance is
recommended for reasons as stated above.
Lead Agency: Town of Ithaca Town Board.
Reviewer: Susan C. Beeners, Town Planner.
Review Date: April 3, 1990.
..........1-1-11...........