ARTICLE VI

 

SECTION  25.31  BUILDING OFFICIAL AND BUILDING PERMITS

 

 

A.     BUILDING OFFICIAL

 

No building or structure shall be erected, added to, or structurally altered until a building permit has been issued by the Building Official.  No building permit or certificate of occupancy shall be issued for any building unless said construction, addition or alteration or use thereof is in compliance with the provisions of these Regulations and other applicable state and local ordinances.

 

The Building Official shall obtain and maintain records of elevations and floodproofing levels for all new or substantially improved structures, and whether or not such structures contain a basement, located within the Special Flood Hazard Areas of Derby.

 

1.     Building Permits

 

An application for a building permit shall be made by the owner or his/her agent in writing on approved forms which shall include:

 

a.)   For all new dwellings, a site plan conforming to “A-2” Survey standards, scale 1”=40’, shall show:  size and location of structure; location of septic system; location of well; location of all proposed footing drains; location of building lateral 2 foot contours; and location and grade of driveway.  In addition, when a septic system is required, a design plan shown at 1”=20’ scale shall be required.

 

b.)   For all other residential construction (additions, pools, sheds, etc.), one copy of the plot plan drawn to scale, 1”=40’, and showing lot lines, open spaces, building and accessory building sizes and locations on the lot, and the location of any septic systems, leaching fields and well either on the property or within 100’ of the property lines;

 

c.)   Two copies of dimensional floor plans and elevations of the building, and sufficient details to indicate the kind, size, and quality of the proposed construction;

 

d.)   Each building permit issued by the Building Official shall expire, and be null and void six (6) months from the effective date of such permit unless substantial work has been commenced and the work diligently prosecuted to completion thereafter;

 

e.)   The filing of building plans as required in A 1.b.) above, may be modified or waived when the proposed work is of simple construction or repairs, provided the scope of the work is adequately described in the application;

 

f.)     Such application shall be accompanied by a fee, payable to the City of Derby, and shall include the cost of the certificate of occupancy.  Valuation of the work shall be estimated on the basis of current labor and material costs, and shall be in accordance with the applicable city ordinance.

 

 

2.     Final Inspection

 

No land shall be occupied or used, and no building hereafter erected, altered, or extended shall be used or changed in use until a final inspection is conducted by the Building Official.  When the building conforms to the requirements of these Regulations and the required living quarters or floor areas have been completed, including entrances and steps or stairs to the ground, sanitary, heating, electrical and plumbing facilities, the building shall be approved for occupancy.

 

3.     Certificate of Occupancy

 

All certificates of occupancy shall be applied for at the same time as the application for a  building permit.  Said certificate shall be issued only after the signing of the Zoning Certificate of Compliance and after the final inspection shows the structure to be in compliance with all appropriate codes and ordinances.  A structure may be occupied while undergoing alterations or repairs providing the sanitary, heating, electrical and plumbing facilities are maintained in operating order.

 

The Building Official shall maintain a record of all certificates, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the affected building or structure.

 

B.    CHANGE OF USE

 

The change of use of an existing use of land, buildings, or structures, or part thereof, to another proposed use which is allowable in the applicable zoning district shall be subject to the provisions of this Section for the issuance of a Zoning Permit in the same manner as a new building, structure or use.

 

1)      Where a change of use does not constitute a substantial change to the use of the property, a Zoning Permit may be issued by the Zoning Officer.  It shall be the responsibility of the Zoning Officer to determine whether or not a change of use will result in substantial site changes.

 

2)      When it is determined that a change of use will require some substantial site changes, the Zoning Officer shall refer said applicant to the Commission for their formal review of the application.

 

 

 

 

3)      A building or structure hereafter altered to change from one “use group”, as defined by the State of Connecticut Building Code, to another or to a different use within the same “use group”, in whole or in part, and a building or structure hereafter altered for which a certificate of use and occupancy has not been issued, shall not be occupied or used until the certificate has been issued by the Building Official.

 

4)      A change from one “use group” to an equally intensive or less intensive “use group” shall be addressed by the Zoning Officer through the issuance of a Zoning Permit.  The Commission however reserves the right to formally review all changes from one “use group” to a more intensive “use group.”    

 

 C. FOUNDATION VERIFICATION

 

The applicant shall submit a certified “as-built” plot plan in accordance with the standards of an A-2 survey to the Zoning Officer or his/her designated agents, showing foundation footings, columns, piers or walls, for verification of setbacks for any new, detached building or structure on a lot.  The Zoning Officer or his/her authorized agents, may require a “record drawing” plot plan in other situations involving close proximity to setback lines, lot lines, wetland boundary lines, channel encroachment lines, or other similar building restriction lines.

 

D.    UTILITY VERIFICATION

 

All storm drainage facilities and water and sanitary sewer facilities required by any site plan, Special Exception, or subdivision approved by the Commission, shall be installed by the applicant and inspected for compliance by the City Engineer or his/her designated agents prior to the backfilling of any such utility holes or trenches.  The applicant shall notify the proper city department when the utility is ready for inspection; the proper department shall inspect the utility within a reasonable period of time.

 

 

E.    SITE PREPARATION PRIOR TO CONSTRUCTION

 

Construction Entrance:  At the discretion of the Zoning Officer and at least three (3) days prior to the start of site preparation or construction at an approved building site a construction entrance as defined below shall be put in place.  This construction entrance is to be maintained until the construction on the site is concluded, and final inspection by the building official is completed.  Upon final inspection and approval the construction entrance is to be improved to meet town specifications for the construction of access driveways.

 

1)      Definition:  A stone stabilized pad, located at points of vehicular ingress and egress on a construction site.

 

2)      Purpose:  The purpose of a stabilized construction entrance is to reduce the tracking or flowing of sediment onto public rights-of-way.

 

3)      Applicability:  A stabilized construction entrance applies to points of construction ingress and egress where sediment may be tracked or flow off the construction site.

 

4)      Planning Considerations:  Roads adjacent to a construction site shall be clean at the end of each day.  The Construction Entrance provides an area where mud can be removed from construction vehicle tires before they enter a public road.  If the action of the vehicle traveling over the gravel pad is not sufficient to remove the majority of the mud, then the tires must be washed before the vehicle enters a public road.  If washing is used, provisions must be made to intercept the wash water and trap the sediment before it is carried off-site.  Construction entrances should be used in conjunction with the stabilization of construction roads to reduce the amount of mud picked up by construction vehicles.

 

5)      Design Criteria:

a)     Aggregate Size - Must meet Connecticut DOT 2” size crushed gravel

 

b)     Entrance Dimensions:  Thickness - Not less than four (4) inches.  Width - Not less than full width of points of ingress or egress.  Length - twenty-five (25) feet minimum except where the traveled length is less than 25 feet.  At poorly drained locations subsurface drainage should be installed before installing the stabilized construction entrance.

 

c)     Washing - If conditions on the site are such that the majority of the mud is not removed by the vehicles traveling over the gravel, then the tires of the vehicles must be washed before entering a public road.  Wash water must be carried away from the entrance to a settling area to remove sediment.  A wash rack may also be used to make washing more convenient and effective.

 

d)     Location - The entrance should be located to provide for maximum utility by all construction vehicles.

 

6)      Installation Requirements:  The area of the entrance should be cleared of all vegetation, roots, and other objectionable material.  A road stabilization filter cloth can be placed on the subgrade prior to the gravel placement to prevent pumping.  The gravel shall be placed to the specified dimensions.  Any drainage facilities required because of washing should be constructed according to specifications.  If wash racks are used, they should be installed according to manufacturer’s specifications.

 

7)      Maintenance:  The entrance shall be maintained in a condition which will prevent tracking or flowing of sediment onto public rights-of-way.  This will require periodic top dressing with additional stone or additional length as conditions demand and repair and/or cleanout of any measures used to trap sediment.  All sediment spilled, dropped, washed or tracked onto public rights-of-way must be removed immediately.

 

In the event the construction is an addition to or a replacement of an existing structure with a paved driveway that meets or exceeds the requirements of this section, the Zoning Officer may waive the requirements of this section and allow construction to commence upon receipt of a building permit.