§ 42-6. Application for structure permits, perimeter structure reconfiguration permits and renewals.  


Latest version.
  • A. 
    Every person who shall apply for a permit or renewal permit to construct, maintain, erect, enlarge, install, alter or improve, or cause the same to be done, a structure regulated by this chapter shall file a verified application in duplicate on forms to be provided by the Town Clerk and developed by the Building Department and shall pay the fee provided for in § 42-15 hereof.
    (1) 
    The application form shall require the applicant to state, at a minimum:
    (a) 
    The applicant's name and address.
    (b) 
    The applicant's status as owner of the upland immediately abutting the mean high-water mark at the place where such structure is proposed to be constructed or maintained.
    (c) 
    The manner in which such upland is zoned.
    (d) 
    The exact use to which the applicant intends to put such upland after the permit is issued.
    (e) 
    The exact use to which the applicant intends to put such structure after the permit is issued, or present use thereof if an existing structure.
    (f) 
    The length and width of the proposed or existing structure.
    (g) 
    The estimated cost of the proposed or existing structure.
    (h) 
    A general description of any other structures proposed to be erected or maintained on such structure.
    (2) 
    The Town Clerk may accept copies of applications submitted to the Army Corps of Engineers and the New York State Department of Environmental Conservation to the extent such applications provide the required information.
    B. 
    In the case of applications for structures in waterways adjacent to upland residential uses, the Town Clerk, after consultation with the Commissioner of Building, may waive any application requirements that are deemed unnecessary for review of the application.
    C. 
    Insurance. Each application for a permit as authorized under the provisions of this chapter, other than a structure permit for residential uses, shall be accompanied by proof of existing insurance, with the Town added as an additional insured, evidencing protection to the public from bodily injury or property damage sustained as a result of the use of such structure. Such policy shall contain coverage equal to or exceeding those limits to be set by a resolution adopted by the Town Board, with 30 days’ notice of cancellation to be afforded to the Town Clerk.
    D. 
    Each application for a permit as authorized under the provisions of this chapter shall be accompanied by a sworn, notarized agreement signed by the applicant which releases the Town from any obligation to repair the structure if it is damaged by any act or omission of the Town and defends, indemnifies and holds harmless the Town from any liability arising from the structure.
    E. 
    In the case of applications for new structures in waterways adjacent to upland multifamily residential uses, marine or nonmarine commercial uses and yacht clubs, the applicant, in addition to the application required in § 42-6A, must file an environmental assessment form designated by the Commissioner of Planning, as well as any additional information required by the Building Department.
    F. 
    Permits issued hereunder shall be transferable. Within six months of the transfer of title to a structure or adjacent upland property for which a permit has been issued, the new owner shall file a change of name with the Town Clerk. Failure to file the change of name within this period shall result in automatic termination of the permit. In the event that a change of name is not timely filed, a new permit application must be submitted to the Town Clerk by the new owner(s) of the upland tract adjacent to the structure.