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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; Page la (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. Page lb (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. Page 2