HomeMy WebLinkAboutLL 06 of 1990 Issuance of Foundation Permits (Please Use this Forst for Filing your Local Law with the Secretary of Slate)
Text of law should be given as amended. Do not include matter being
elimbiated and do not use Italics or underlining to indicate new matter.
Ithaca
TownWof............................................................................................................................
LocalLaw No.................6.......................................of the year 19..g0....
A local law....—TO AI'.4END TOWN OF ITHACA LOCAL LAW NO. 1 FOR THE YEAR
................................................................................................................................................
tta.ert un.i
1981 AS SUBSEQUENTLY AMENDED TO PROVIDE FOR THE
ISSUANCE OF FOUNDATION BUILDING PERMITS
Be it enacted by the ......................Town Board.......... ... . ...........................................................of the
. .. ......
(nava of I,gblat{ro t)odJ)
01of . Ithaca .................. as follows:
TownIthaca ...................
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. A new section 5.A.9. is hereby added reading as follows:
5.A.9. Permits to construct a foundation only in circumstances
where it is contemplated that a building will be constructed on the
,foundation, may be issued in the discretion of the Building Inspector
under the following circumstances and subject to the following
limitations:
(a) The circumstances under which foundation permits may be
issued are as follows:
( i) There has been supplied to the Building Inspector
plans which, in the Building Inspector's judgment,
are adequate for him to evaluate and review the
proposed construction of the foundation.
` ( ii) The applicant provides information satisfactory to
(If additional space is needed 14case attach sheets of the same size as this nod number each)
the Building Inspector, such as an Engineer's or
Architect's certification, that the foundation will
be adequate to carry the load of the proposed
permanent structure.
(iii) The need for the foundation permit is established to
the satisfaction of the Building Inspector (e.g.,
onset of adverse weather conditions, inviediate
availability of masons, proposed construction to be
on a fast-track basis, or other reasonable basis for
early issuance of a permit for only part of the
building).
(b) Issuance of a foundation permit is wholly discretionary with
the Building Inspector and the applicant shall have no right
to the issuance of same.
(c) In addition to the conditions on such permits imposed by
this local law, the Building Inspector may impose such
conditions on the issuance of such permits as the Building
Inspector may reasonably require to protect the health,
safety and welfare of the public including the persons that
may be in or around the proposed foundation. 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 foundation
will be removed if a building permit for the entire building
is not issued within a stated period of time, such security
to be available to the Town to enable the Town to restore
the premises to their condition prior to the construction of
the foundation for which the permit was issued.
(d) The issuance of any foundation permit by the Building
Inspector may be revoked by the Town Board if, in its
discretion, the Town Board determines the issuance of the
foundation permit was inappropriate.
(e) Issuance of a foundation permit does not relieve the
applicant from fulfilling any and all requirements for the
issuance of a full building permit for the proposed
construction.
(f) Issuance of a foundation permit shall not be construed to be
a determination that a building permit will be automatically
issued for the balance of the structure.
(g) Foundation permits may be revoked at any time by the
Building Inspector if the Building Inspector in his
discretion
( i) determines that the foundation will not be adequate
to support the balance of the structure,
( ii) determines the applicant is not taking proper
precautions to prevent endangering life, health,
property, or the public welfare in the course of
constructing the foundation;
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(iii) determines, in his judgment, that the applicant is
not proceeding diligently and properly to provide
complete and adequate plans for the issuance of a
full building permit.
( iv) becomes aware of information not previously submitted
or available that makes issuance of a foundation
permit inappropriate or inadvisable.
( v) determines the existence of any other circumstance
which reasonably requires the revocation of the
permit.
(h) If a building permit for the remainder of the building has
not been issued within six months of the date of the
foundation permit, the foundation permit automatically
expires. However, the Building Inspector may renew the
permit 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 permit.
(i) upon the revocation or the expiration of a foundation permit
without a renewed foundation permit or a building permit for
the balance of the building having been issued, the
foundation constructed pursuant to the foundation permit
must be removed and the ground restored by the owner to
substantially the condition it was prior to the commencement
of any excavation and construction.
(j) The fee for the issuance of a foundation permit shall be
one-quarter the fee for a building permit, calculated on the
estimated full value of the entire building. The fee is not
refundable and is not credited against the fee for the
building permit for the entire building. In any event the
fee shall not be less than $50.00.
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.
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(Complete the certification in the paragraph which applies to Life filing of this local law and strike out the
matter therein which is not applicable.)
1, (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto,designated as local law No. ..J...........of 19.22.
of therowffof..,,,,,,,,.Ithaea was duly passed by the Town Boar. . . .d
....................................................................
(Name of Legislative Body)
on Aril 9, .....,19,90, in accordance with the 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 the local law annexed hereto,designatedas local law No.....................of 19........
County
ofthe City of......................................was duly passed by the.......,..........................................................................
Village (Nome of Legislative Body)
not disapproved
on..................................................1.9........ and was approved by tile.....................,.................................
repassed after disapproval Elective Chief E:eeutive Oflieer
and was deemed duly adopted on........................................................19........ , in accordance with the applicable
provisions of law.
3, (Final adoption by reforendum.)
1 hereby certify that the local law annexed hereto,designated as local law No................... of 19..........
County
of the City of.................. .was duly passed by the;.........................
Town
(Nome of Legislative Body)
Village not disapproved
on...................................................19,,...... and was approved by the...........................................................,...
repassed after disapproval Elective Chtet Pp:ecutive ptlicer
on........................—...............,...........................19........ Such local law was submitted to the people by reason of a
mandatory referendum,and received Aie 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.
4. (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
Cit
of the Town of...............i.
.....................was duly passed by the.............................,,..........................,..........»..........on
(Name of Legislative Body)
Village not disapproved
...................................................19........ and was approved by the.........................................................on
repassed after disapproval Elective chlef 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
............................................I......................... 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,if there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer Is vested with power to approve or veto local laws or ordinances.
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