(A) Occupancy Permits: No structures or additions thereto constructed, moved, remodeled or reconstructed after the effective date of this chapter shall be occupied and used for any purpose, and no land vacant on the effective date of this chapter shall be used for any other use, unless an occupancy permit shall first have been obtained from the Village certifying that the proposed use or occupancy complies with all provisions of this chapter.
1. Application For Occupancy Permit: Every application for a building permit shall be deemed an application for an occupancy permit. Every application for an occupancy permit for a new or changed use of land or structures where no building permit is required shall be filed with the building official or his/her designee and be in such a form and contain such information as the building official or his/her designee shall provide by general rule.
2. Application For Occupancy Permits For Industrial Uses: All applications for an occupancy permit for any use to be located in an Industrial District, whether or not a building permit is required, shall be accompanied by sufficient information to enable the building official or his/her designee to determine that all the applicable performance standards of title 9, chapter 9 of this Code can and will be complied with at all times.
3. Issuance Of Occupancy Permit: No occupancy permit for a structure or addition thereto constructed, moved, remodeled or reconstructed after the effective date of this chapter shall be issued until such work has been completed, including off street parking spaces and site landscaping, and the premises having been inspected by the building official or his/her designee and determined to be in full compliance with the plans and specifications upon which the issuance of the building permit was based. No occupancy permit for a new use of any structure or land shall be issued until the premises have been inspected by the building official or his/her designee and determined to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located. Pending the issuance of a permanent occupancy permit, a temporary occupancy permit may be issued to be valid for a period of time not to exceed six (6) months from its date of issuance pending the completion of any addition or partial occupancy of the premises. A cash bond in an amount equal to one hundred fifty percent (150%) of the Village's estimate of completion costs and an executed cash deposit agreement in a form acceptable to the building official or his/her designee shall be submitted with any application for a temporary occupancy certificate. A Temporary Occupancy Certificate shall contain such conditions as the Village deems appropriate. In the event that any construction or building as to which a temporary occupancy permit has been issued has not been fully completed so as to comply with all applicable Village ordinances at the end of the six (6) month period, the building official or his/her designee may cause said premises to be vacated and to remain vacated until full compliance with all applicable ordinances of the Village has been obtained. An occupancy permit shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued within twenty one (21) days after the receipt of an application therefor; or after the building official or his/her designee is notified in writing that the structure or premises are ready for occupancy. All Certificate of Occupancy permits shall be executed by the building official and the Village Administrator; or in the absence of the building official and/or the Village Administrator, his/her designee(s).
The building official or his/her designee shall be free to note any deficiency in the plans, specifications or construction of improvements for which building permits are required hereunder, irrespective of whether plans and/or specifications have been approved and regardless of whether building or occupancy permits have been issued.
(B) Yielding Of Occupancy By Contractor: A contractor shall not yield occupancy of a building to the owner or tenant, nor shall the builder or owner yield occupancy to a tenant until a certificate of occupancy has been issued by the Village and posted on the premises.
(C) Reinspection: If a building or any part thereof fails approval in its final inspection, the violations of this chapter or other ordinances shall be corrected by the contractor and notice given the Village that the building is ready for reinspection. When the Village finds that the building is substantially completed after one or more reinspections, it shall issue a Certificate of Occupancy.
(D) Supplemental Requirements: Notwithstanding any provision contained within this chapter to the contrary, the following improvements and supplemental documentation shall be required prior to the issuance of a final occupancy certificate:
1. All fees and charges due and payable to the Village shall be remitted.
2. The water meter and raceway (conduit) for the remote water meter reader shall be installed and in service.
3. The buffalo box (water shutoff) shall be adjusted to grade, accessible and operable.
4. All public and private sidewalks on and adjacent to the lot shall be completed.
5. Driveway and approach paving shall be completed.
6. Any replacement or repair to damaged curbs and gutters, streets, sidewalk, driveway and street lighting shall be completed.
7. All final grading within the lot and parkway areas shall be completed and a final topographical survey shall be submitted indicating that all grading does not deviate by more than plus or minus two inches (±2") from the approved subdivision or site grading plan and that all overland stormwater flow conforms with said grading plan.
8. All required yards and parkway areas shall be sodded or seeded established, i.e., substantial germination.
9. Trees of an approved species shall be planted in all parkway areas. The species, number and spacing of such trees shall be in conformance with the regulations set forth in the Willowbrook subdivision regulations.
10. All other required landscaping shall be installed.
11. Address numbers shall be affixed to the building, and if applicable to all dwelling units.
12. A final plot plan shall be submitted showing all final as built dimensions of all buildings and/or structures erected.
13. The submittal of a cash deposit to guarantee the completion of all unfinished items contingent upon the building official or his/her designee's determination as to the appropriate amount of said deposit and the signing of the required cash deposit agreement form by the applicant. (Ord. 19-O-10, 6-24-2019)