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4.05 4 R 4.5 LOCAL LAWS&ORDINANCES\Set Public Hearing Resolutions\Ordinance 30-Raise Building Dept Fees-1 1-6-2020 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 30 AND ITS SUBSEQUENT AMENDMENTS CONCERNING INCREASE IN FEES ASSOCIATED WITH BUILDING PERMIT PROCESS RESOLUTION NO. ,2020 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, Town of Queensbury Ordinance No. 30 and its subsequent Amendments provide in Section 5 for fees to be charged in connection with applications for the issuance of building pennits, and WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement has recommended that the Town Board amend Ordinance No. 30, Section 5, to raise certain fees associated with the building permit process as specifically set forth in the Proposed Fee Schedule presented at this meeting, and WHEREAS, the Town Board wishes to schedule a public hearing concerning the proposed Amendment to Ordinance No. 30, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, December 7`h, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens regarding the proposed Amendment to Ordinance No. 30, Section 5 to increase fees associated with the Town of Queensbury building permit process, such proposed fee increases to be effective as of January 1", 2021, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town in the manner provided by law. Duly adopted this 161h day of November, 2020, by the following vote: AYES NOES ABSENT: AS-~4 III Deck, Porch(open) 254 per s .ft., Minimum fee$140 Cell Tower $165 To„n of Qgeensbury Shed(301+sq.ft.see garage fees) $85 Building&Code Enforcement Solar Panels(no rafter upgrades) $85 742 Bay Road,Queensbury,NY 12804 Pavilion, Pole Barn,Canopy,Carport,Gazebo $85 P:528-761-8256 www.queensbury.net Dock $110 Building Permit Appl1C1tion Fees Detached Garage 3 R er sq.ft.,Minimum$zoo Boathouse(with or w/o sundeck) $165 s - � 1&2 Family Dwelling(inc.septic system) 354 per sq.ft. Manufactured Home(inc.septic system) 254 per sq.ft., Minimum$165 Garage 354 per sq.ft., Minimum$zoo Addition 354per sq.ft., Minimum$275 Alteration 354 per sq.ft.,Minimum$220 Septic—New or Alteration $85 House Moving $85 Home Inspection $110 Property Transfer Septic Inspection $275 Recreation Fee(new construction only) s3.000/dwelling unit on vacant parcel(see Plannin /Zonin to veri d New Build—heated 354 per sq.ft. Demolition $165 New Build—unheated 254 per sq.ft. Pool $140 Addition 7354per sq.ft., Min $3 0 Solid Fuel(i.e.wood) $275 Alteration 354 per sq.ft., Min$too Gas Fireplace $140 Garage 354 per sq.ft., Min$200 Propane Installation—Residential or Commercial $110 Townhouse,Condo,Apt., Multi-Family 3S4 per sq.ft. Septic—New or Alteration $165 Floodplain Development $110 Amusement Ride $850 Septic Variance(Town Board of Health review) $165 Commercial Generator $275 Diesel/Petrol Island Canopy $55o per canopy Building Permit Renewal $110/ ear Signs $3.5o/square foot Temp Certificate of Occupancy(valid for go days) $165 Fuel Tank Removal $165 Certificate of Occupancy Only $110 Gas Tanks& Pumps-New $385 Fireworks Operating Permit $165 30%fee retention for withdrawal,l00%after 1 year from initial application date RESOLUTION ENACTING AMENDMENT TO ORDINANCE NO. 30 AND ITS SUBSEQUENT AMENDMENTS CONCERNING INCREASE IN FEES ASSOCIATED WITH TOWN BUILDING PERMIT PROCESS RESOLUTION NO. 369,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Town of Queensbury Ordinance No. 30 and its subsequent Amendments provide in Section 5 for fees to be charged in connection with applications for the issuance of building permits, and WHEREAS, the Town Board duly held a public hearing on Monday, December 181", 2017 and heard all interested persons considering its proposal to amend Ordinance No. 30, Section 5 to raise certain fees associated with the building permit process as specifically set forth in the Proposed Fee Schedule presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board of hereby amends Town Ordinance No. 30 and its subsequent Amendments to raise certain fees associated with the building permit process as specifically set forth in the Proposed Fee Schedule presented at this meeting, and BE IT FURTHER, RESOLVED, that the Amendment and fee modifications shall take effect as of January I", 2018,and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a certified copy of this Amendment in the official newspaper of the Town and publish such notices as may be required by law and the Town Supervisor, Town Clerk and/or Director of Building and Codes Enforcement to take any necessary actions to effectuate the terms of this Resolution. Duly adopted this 18`h day of December, 2017, by the following vote: AYES Mr. Ferone, Mr. Brewer, Mr. Strough, Mr. Metivier NOES Mr. Clements ABSENT: None ACCESSORY STRUCTURES Deck, Porch (open) 200 per sq. ft. /Minimum fee of$125 Canopy, Pavilion, Pole Barn, Carport, Gazebo $75.00 Shed (301+ sq. ft. please refer to Garage fees) $75.00 Cell Tower $150.00 Dock $100.00 Detached Garage 300 per sq.ft./ Minimum fee of$175 Boathouse with or w/o Sundeck $150.00 Solar Panel System (w/o rafter upgrades)' $75.00— RESIDENTIAL PROJECTS 1 & 2 Family Dwelling (inc. septic system) .300 per sq. ft. Manufactured/Mobile Home (inc. septic system) 200 per sq.ft./Minimum fee of$150 Garage — _ _ 300 per sq ft. / Minimum fee of$175 Addition 300 per sq.ft. / Minimum fee of$250 Alteration 300 per sq. ft. / Minimum fee of$200 Septic—New or Alteration $75.00 House Moving $75.00 Recreation Fee (new construction only) $850/dwelling unit on vacant parcel (see Planning/Zoning to verify) Residential Home Inspection $100.00 Property Transfer Septic Inspection $250.00 COMMERCIAL PROJECTS New Build— heated 300 per sq. ft. New Build —unheated (i.e. warehouse) 150 per sq.ft. Commercial Generator $250.00 ORDINANCE NUMBER 30 ORDINANCE OF THE TOWN OF QUEENSBURY PROVIDING FOR THE ENFORCEMENT OF THE STATE BUILDING CONSTRUCTION CODE SECTION 1. Legislative Intent The purpose and intent of this ordinance is to provide for the enforcement of the State Building Construction Code to be adopted and to become effective simultaniously herewith. SECTION 2. Duties and Powers of Building Inspector Subdivision (a) Except as otherwise specifically provided by law, the Building Inspector of the Town of Queensbury and his deputies and assistants shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein, and the regulation, use, occupancy and maintenance thereof. Subdivision (b) He shall receive applications and issue permits for the construction, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of insuring compliance with laws, ordinances and regulations governing building construction. Subdivision (c) He shall issue all appropriate notices or orders .to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinance and regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept reports of inspection from his assistants and other employees of the Building Department. Subdivision (d) Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws ordinances and regulations governing building construction, he may require the performance .of tests in the field by experienced persons or by accredited and authoritative testing laboratories or agencies. SECTION 3. Department Records and Reports The Building Inspector shall keep permanent official records of all transactions and activities conducted by him including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours. SECTION 4. Application for Building Permits Subdivision (a) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion, or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature. Subdivision (b) Application for a building permit shall be made to the Building Inspector on forms provided by him and shall contain the following information: -46- (1) A description of the land on which the proposed work is to be done; (2) A statement of the use or occupancy of all parts of the land and the proposed building or structure; (3) The valuation of the proposed work; (4) The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations: (5) A brief description of the nature of the proposed work; (6) A duplicate set of plans and specifications as set forth in subdivision (c) of this section; and (7) Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations. Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application. Subdivision (c) Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys, and, where required by the Building Inspector details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Plans and specifications shall bear the signature of the person; responsible for the design and drawings and where required by Section 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer. The Building Inspector may waive the requirements for filing plans and specifications for minor alterations. Subdivision (d) Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Department and approval received from the Building Inspector prior to the commencement of such change of work. SECTION 5. Fees Subdivision (a) Upon filing of an application for a building permit, the following fees shall be payable. When the cost of the work to be done under the permit, as estimated by the Building Inspector, does not exceed the sum of $500.00 the fee shall be $2.00; when the estimated cost exceeds $500.00 the fee shall be $6.00 plus $2.00 for each additional thousand or fraction thereof in excess of $3,000.00 except that the maximum fee that shall be required, regardless of the cost of the work to be done, shall be $500.00. Subdivision (b) The fee for the issuance of all certificates of occupancy shall be $5.00.. SECTION 6. Issuance of Building Permit or Disapproval of Application Subdivision (a) The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed -47- therewith. He shall approve or disapprove the application within a reasonable time. .Upon approval of the application and upon receipt of the legal fees therefore, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. Upon approval of the application, both sets of plans and specifications shall be endorsed with the word 'approved'. One set of such approved plans and specifications shall be retained in the files of the Building Department and the other set shall be returned to the applicant together with the building permit and shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times. It the application together with the plans, specifications and other documents filed therewith describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefore, to be transmitted to the applicant in writing. SECTION 7. Performance of Work under Building Permit Subdivision (a) A building permit shall be effective to .authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months after the date of its issuance.. For good cause, the Building Inspector may•allow a maximum of two extensions for periods not exceeding three months each. Subdivision (b) The issuance of a building permit shall constitute authority to the applicant to proceed with the work. in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. Subdivision (c) Building permits shall be prominently displayed on the job-site at all times during the progress of construction so as to be readily seen from adjacent thoroughfares. SECTION 8. Revocation of Building Permit The Building Inspector may revoke a building permit theretofore issued in the following instances: (a) Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based; (b) Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law; (c) Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; or (d) Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Official. SECTION 9. Stop Orders Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations, or not inconformity with the provisions of an application, plans or specifications on. the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, -48- or the owner's agent, or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work, and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served.upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail. SECTION 10. Right of Entry The Building Inspector and assistants, upon the showing of proper credentials and in the discharge of their duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. SECTION 11. Certificate of Occupancy Subdivision (a) No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. Subdivision (b) No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector. Subdivision (c) No charge shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector. Subdivision (d) The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the Superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. The affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans, and as erected complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. SECTION 12. Inspection prior to Issuance of Certificate Before issuing a certificate of occupancy, the Building Inspector shall examine or cause 'to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish, or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained in the Building Department a record of all such examinations and inspections together with a record of findings of violations of the law. SECTION 13. Issuance of Certificate of Occupancy -49- Subdivision (a) When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations; and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations. Subdivision (b) A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefore is made. Failure to act upon such application within 30 days shall constitute approval of such application and the building or portion thereof may thereafter be occupied as through a certificate of occupancy had been issued. Subdivision (c) The certificate of occupancy shall certify that the work has been completed, and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put. SECTION 14. Temporary Certificate of Occupancy Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed provided such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance. For good cause the Building Inspector may allow a maximum of two extensions for a period not exceeding three months each. SECTION 15. Tests Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subject to tests in order to furnish proof of such compliance. SECTION 16. Penalties for Violation In accordance with Section 385 of Article .18 of the Executive law of the State of New York: (a) It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of law or rule promulgated by the Building Department in accordance with applicable laws, or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. (b) Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building -50- a a who shall knowingly violate any of the applicable provisions of law, or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be punishable by a fine of not to exceed $50.00, or imprisonment of not to exceed 30 days, or both. Each day that a violation continues shall be deemed a separate offense. (c) Except as provided otherwise by law, such a violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment, and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof. SECTION 17. Abatement of Violation Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises and these remedies shall be in addition to penalties otherwise prescribed by law. SECTION 18. This ordinance shall take effect ten days after publication and posting, or immediately upon personal service, as provided by Section 133 of the Town Law. SECTION 19. Repeal of Present Ordinance (Building) The building ordinance of the Town of Queensbury duly adopted by the Town Board of the Town and effective July 1st, 1964, together with any amendments thereto, is hereby repealed, the said repeal to become effective at the same time that this ordinance and the State Building Construction Code shall become effective. December 10, 1970. -51-