§ 111-12. Temporary permits; temporary structures; excavation permits.

A. 

Approval in part. The Building Official may issue a temporary permit for the excavation for or construction of foundations of a building or structure before the entire working drawings and specifications for the whole building have been submitted, provided that adequate information and detailed statements have been filed complying with all the pertinent requirements of this article and upon finding that any excavation or construction of footings and foundations undertaken pursuant to the issuance of a temporary permit under this section will not be detrimental to the public health, safety and welfare of the City of New Rochelle. The holder of such temporary permit for excavation for or footings and foundations of a building or structure shall proceed at his own risk with the building operations and without assurance that a permit for the entire structure will be granted.

(1) 

Temporary permits. Application for temporary excavation, footing and foundation permits shall be submitted to the Building Official in accordance with § 111-10A through and including § 111-10F of this chapter. The excavation drawings required shall contain a survey of all property lines, existing and proposed grades, details of required drainage adequate for the proposed work, protection of City streets and adjoining properties and utilities, together with the excavation limits and existing topography and such other information as the Building Official may require.

(2) 

Waiver of vested right. An agreement between the City of New Rochelle and the applicant for the permit, in a form satisfactory to and approved by the Department of Law, shall be executed and filed with the Building Official, which said agreement shall contain the applicant's waiver of the vesting of any right which might come or be acquired by the issuance of such permit for the performance of any work thereunder in favor of the applicant, together with an undertaking to apply for and obtain such further approvals or permits as may be required by any law, ordinance or regulation for the further prosecution of the work subsequent to the issuance of any such temporary permit and to proceed with all due diligence with the completion of the work for which any excavation or construction of footings and foundations is made pursuant to any temporary permit issued under the provisions of this section.

(3) 

Filing of surety bond. A surety bond shall be filed in a penal sum sufficient to guarantee backfilling of any excavation made or the removal of footings and foundations constructed and restoration of the premises to the condition previously existing as nearly as may be possible, which said bond shall be in a form satisfactory to and approved by the Department of Law. The finding of the Building Official shall be conclusive with respect to any penal sum required.

(4) 

Authority to issue temporary permits. Such temporary permit may be issued by the Building Official upon compliance with the conditions set forth above without the prior approval of any other City department which otherwise has jurisdiction over such construction.

(5) 

Time limitation of temporary permits. The work to be performed shall be completed six months from the date of the issuance of the temporary permit, and the temporary permit so issued shall expire six months from the date of issuance. Upon application on or before the expiration of any such permit, the Building Official may, if, in his judgment, good cause is shown and the public health, safety and welfare of the City will not be jeopardized, extend such permit for one further period not to exceed an additional six months.

(6) 

Revocation of temporary permits. Any temporary permit issued pursuant to the provisions of this subsection may be revoked by the Building Official upon a finding that any of the conditions affixed thereto have not been complied with or upon a finding that the public health, safety and welfare is jeopardized by the works or by the actions of the applicant subsequent to the issuance of such permit or upon the failure of the applicant to proceed with due diligence in the obtaining of further necessary approvals or permits for the completion of the construction for which said temporary permit was issued within six months from the date of issuance or extension thereof. The failure of the applicant to whom the temporary permit has been issued to obtain any and all necessary approvals and permits for the further progress of the work for which the temporary permit is issued within a period of six months from the date of issuance thereof shall be deemed prima facie evidence of noncompliance with provisions of this section.

B. 

Permits for temporary structures. A building permit for a temporary structure (a tent for commercial or public use, a tent on private property for more than three days, a trailer not for a construction project, a structure for remediation of contamination as required by Department of Environmental Conservation (DEC) and similar temporary facilities) may be issued by the Building Official upon application and compliance with all applicable provisions of the State Code, Zoning Code, N.F.P.A. and all other applicable laws, ordinances or regulations.

[Amended 6-17-1997 by Ord. No. 127-1997; 3-18-2003 by Ord. No. 63-2003]

(1) 

Removal of temporary structure. Prior to the issuance of any such building permit, the applicant shall execute an agreement for the removal of the structure in accordance with such building permit and shall file a surety bond for such removal if required by the Building Official. The bond shall be in the amount estimated to be the cost of removal.

(2) 

No certificate of occupancy will be required for temporary structures. Permits will expire after removal date.

C. 

Excavation permits. The Building Official may issue permits for excavation for purposes other than the construction of buildings, provided that an application in accordance with Subsection A(1) of this section is submitted, the requirements of this section are complied with and said excavation will not be detrimental to the public health, safety and welfare of the City of New Rochelle.

(1) 

Planning Board approval. At the time of filing an application with the Bureau of Buildings, an application shall be filed with the Planning Board. No permit to excavate shall be issued prior to Planning Board approval of the excavation.

(2) 

Restrictions. No such excavation shall be made within 10 feet of any street line nor unless adequate barricades are erected and maintained and adequate provisions made for the prevention of flying dust.

(3) 

Filing of surety bond. Before the issuance of such excavation permit, the applicant shall execute and file with the City Clerk a bond, approved by the Department of Law, in the sum of $5,000 with a surety company as surety and conditioned for the faithful performance of the conditions contained in this code, the observance of all municipal ordinances and to indemnify the City for any damage to City property.

(4) 

Time limitation of excavation permits. The permit shall expire by limitation 30 days from the date of its issue unless extended.