LOCAL LAW NO. 3, 2020
AMENDING CHAPTER 6, BUILDING CONSTRUCTION ADMINISTRATION, OF THE CODE OF THE TOWN OF ORANGETOWN
Language to be deleted from the existing Code provisions are indicated by a strikethrough; and new language to be added is typed in bold and underscored.
Be it enacted by the Town Board of the Town of Orangetown as follows:
Section 1 – Legislative Findings, Objectives and Purpose of this Local Law No. 3 of 2020: The Town Board of the Town of Orangetown (“Town Board”) hereby finds that, as a result of the State disaster emergency for the entire State of New York declared by the Governor, the Local State of Emergency for the County of Rockland declared by the County Executive of Rockland County, and the Local State of Emergency for the Town of Orangetown declared by the Supervisor, with respect to the COVID-19 (a/k/a coronavirus) pandemic, which States of Emergency were declared in order to protect the health and safety of the public, and to help abate the spread of the COVID-19 virus, including Executive Orders issued to deter, dissuade, prevent or prohibit persons coming into close contact with one another, there has been a devastating detrimental impact to the viability of businesses in Orangetown, which businesses have been severely damaged, economically, and are also at grave risk of permanent closure, which has, and may have, substantial adverse impacts to Orangetown’s business districts, not only potentially causing blight and loss of employment or income to Orangetown residents, but also causing harmful ripple effects associated with economic depression throughout the entire Town. Therefore, the Town Board further finds that, to minimize these said adverse effects, detrimental impacts and harms to the Orangetown community, the Town must have the flexibility to modify, waive or adjust its various land use regulations, rules, procedures and provisions so as to better enable the Town’s businesses to attempt to remain viable and sustain economic recovery during a State of Emergency.
Section 2 – Section 6-5 of Chapter 6, Building Construction Administration, of the Code of the Town of Orangetown (“Orangetown Code”), shall be amended and, as amended, shall read as follows:
6-5. Duties and powers of Building Inspector/ Director of OBZPAE.
Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the construction, alteration, repair, removal and demolition of buildings and structures, and in the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.
The Building Inspector shall receive applications and issue permits for the erection, 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.
The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. The Building Inspector shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from building inspectors, or other employees, of the Town of Orangetown’s (hereinafter referred to as “Orangetown”) Office of Building, Zoning and Planning Administration and Enforcement (hereinafter referred to as “OBZPAE”), or from reputable service and inspection bureaus, provided the same are prepared and signed by a qualified professional.
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable statutes, codes, laws, ordinances or regulations relating to building construction, the Building Inspector may require the performance of tests in the field, or on site of private property subject of a Building Permit application, by qualified professional(s), or by reputable testing laboratories, bureaus or agencies.
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable statutes, codes, laws, ordinances or regulations relating to the use, maintenance or occupancy of land or buildings, including, but not limited to, assuring compliance with the performance standards set forth in § 4.1 of Chapter 43 (Zoning Code) of the Orangetown Code, and/or to assure compliance with the conditions of any applicable Orangetown land use board approval decisions, the Building Inspector may inspect, investigate and/or conduct tests, on site of private property that is the subject of an open Building Permit application or a nonresidential use that is subject to the performance standards (hereinafter referred to as “industrial user”), which may include, with regard to the performance standards, inspecting, investigating and/or conducting tests while all mechanical equipment, machinery, installations and systems, that are appurtenant to the use that is subject to the performance standards, are in full operation. For purposes of said inspections, investigations and/or tests, the Building Inspector may engage, employ or retain the services of the Orangetown Department of Environmental Management and Engineering (hereinafter referred to as “DEME”), and/or expert consultants, to the extent, type and/or degree that the Building Inspector, DEME, and/or the expert consultants, deem necessary. The said inspections, investigations and/or testing, on site of private property, shall only be conducted with the consent of the property owner, or a person in dominion, control or possession of, or with management or supervisorial authority over, the property; or at any reasonable hour if the Building Inspector has a reasonable suspicion, based on specific and articulable facts, taken together with rational inferences from those facts, associated with the particular property, that a violation of, or noncompliance with, the performance standards set forth in Zoning Code § 4.1, is being committed or is occurring, or has been committed or has occurred; or by execution of a judicially issued search warrant.
If, as a result of the Building Inspector’s said inspection, investigation and/or testing, relating to an alleged violation of, or noncompliance with, the performance standards (Zoning Code § 4.1) on the part of any industrial user, the Building Inspector has reasonable grounds to believe that a violation, or noncompliance, exists, subject to the provisions of Orangetown Zoning Code § 4.182 (as may be applicable), the Building Inspector shall notify the Zoning Board of Appeals of the occurrence or existence of such possible violation, or noncompliance, in accordance with Zoning Code § 10.335.
If, after public hearing on due notice, in accordance with Zoning Code § 4.13, the Zoning Board of Appeals finds that a violation, or noncompliance, occurred or exists, and revokes and rescinds its performance standards (Zoning Code § 4.1) approval decision, then the Building Inspector may revoke and rescind any Building Permit and/or Certificate of Occupancy that had been issued based upon such approval decision.
In addition to the powers and authority granted to the Building Inspector that are set forth above in this §6-5, the Director of the Orangetown Office of Building, Zoning and Planning Administration and Enforcement (OBZPAE; see Chapter 6A of the Orangetown Code), or the Director’s designee, shall have the additional emergency power and authority to modify, waive or adjust the regulations, rules, procedures and provisions of Orangetown Code Chapter 43 (Zoning) related to non-residential establishments/uses and Chapter 31B (Sidewalks Cafes and Vending) during times that a State, County or Local State of Emergency, that includes the Town of Orangetown, is in effect; or as part of the economic recovery from any such State of Emergency. The OBZPAE Director’s, or her/his designee’s, emergency power and authority, prescribed herein, may only be exercised with, and are subject to, the approval of the Town Board; and the Town Board may impose conditions, limitations, permitting processes or guidelines with respect to said power and authority, pursuant to the Town Board resolution authorizing the exercise of this emergency power and authority. The failure by any person, business entity, association, organization or company to abide by, comply with or adhere to any such Town Board resolution conditions, limitations or guidelines shall be a violation of this Section subject to penalty in accordance with Chapter 41A of the Orangetown Code.
Section 3 – This Local Law shall become effective immediately upon filing with the New York State Secretary of State.