§ 12-7. Minimum work and hourly requirements and construction time schedule.

(A)

Definitions:

Permit shall be defined as any and all permits issued by the town or on its behalf for any construction projects undertaken on a lot or lots in the town. Such permits shall include but not be limited to building and demolition permits.

(B)

Agreed maximum time schedule for completion of construction . A maximum time is established for the completion of construction projects as set forth in the construction schedule that follows herein. The maximum time is a condition of all applicable permits, and acceptance of the permit by the permit holder or property owner constitutes consent to such condition. Failure of the permit holder or property owner to pursue construction under the permit in accordance with the maximum time schedule shall be prima facie evidence that the construction project has not commenced or has been suspended or abandoned. Such prima facie evidence shall be in addition to any other evidence that construction under the permit has not been commenced or has been suspended or abandoned under the permit. For purposes of this section, the maximum time schedule shall commence as of the date of the issuance of the demolition permit or building permit, whichever shall occur first.

MAXIMUM TIME FOR ISSUANCE OF A CERTIFICATE OF OCCUPANCY

	Type of Construction	Maximum Time Permitted
I.	Small projects: All new or remodel 3,999 gross square feet or less under roof	18 months
II.	Medium projects: All new or remodel 4,000 gross square feet to 9,999 square feet	24 months
III.	Large projects: All new or remodel 10,000 gross square feet to 12,000 square feet	42 months
IV.	Above 12,000 feet—any increment of 1,000 feet:	1 additional month

 

A courtesy notice may be given by the Town Building Official to the permit holder or property owner advising the permit holder or property owner that the permit has been revoked and is null and void due to a lack of progress or abandonment.

Gross square footage shall be defined as all square footage under roof and any square footage consisting of subterranean basements, patios, and courtyards.

(C)

Reinstatement of permit. In the event no request is made for extension of time from the above referenced schedule, all applicable permits issued by the town shall be automatically and immediately terminated and all work shall cease and desist on the construction project. In order to resume work, the contractor and the permit holder must apply to the town for an extension of time. The application for extension of time shall include specific reasons for the necessity of granting an extension of time, a revised construction schedule, proposed nuisance mitigation measures, and a statement that notice to neighbors within 200 feet will be provided at least 15 days prior to the hearing before the town to consider the extension of time. The application for extension shall take place in a quasi-judicial proceeding and the Town Commission shall hear testimony of witnesses and review documentary evidence and thereafter may grant or deny the extension. In the event the Town Commission grants an extension, it may impose conditions on the extension which may include the implementation of mitigation measures deemed appropriate by the Town Commission and the imposition of an extension fee as established by resolution by the Town Commission for each day of the extension beyond the term set forth in the above stated construction schedule. If an extension of time is granted and in the case of a terminated permit, a new permit application is required and the permit extension fee shall be paid.

(D)

The issuance of the certificate of occupancy or completion shall be withheld until any fees incurred under this section are paid. If the Town Commission does not approve the extension of time, the permit holder and property owner may be required by the town to remove all evidence of construction, and ensure that the project conforms to all applicable provisions of the Code. Failure to cease construction or conform to all codes constitutes a violation and will be referred to the town's Special Magistrate.

(Ord. 2017-299 , § 2, passed 11-14-2017)