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Board refers draft changes to temporary certificate-of-occupancy rules to staff for revision and public comment
Summary
A proposed revision to Yorktown’s code would let the building inspector issue temporary certificates of occupancy with tiered fees and automatic expirations to speed openings and create enforcement incentives; the board debated fee levels, bonding and whether the board should retain oversight of longer extensions, then voted to refer the draft for further review and public hearing.
Board member (Speaker 2) introduced a draft amendment to the town code that would authorize the building inspector to issue temporary certificates of occupancy (TCOs) under a structured fee schedule and automatic expirations intended to accelerate openings while creating financial incentives to finish outstanding site work.
Under the draft, the first TCO fee would be modest and subsequent 90‑day extensions would carry higher fees (a stepped schedule discussed in the meeting ranged from $200–$1,500 in examples cited by counsel and staff). The goal, proponents said, is to prevent indefinite TCOs that delay required work; bonding requirements would remain in force and the TCO regime would supplement — not replace — bonds.
Board discussion focused on: appropriate fee scales relative to project size; how to document "good cause" for extensions; the role of other agencies (for example, state DOT work that can delay completion); and whether the town board should retain final authority for extensions beyond one year. Several members said the draft would give the building department discretion to speed approvals and reduce scheduling delays, while others urged clearer language on required findings and public visibility.
The board voted to refer the draft amendment to staff for refinement and public outreach, asking for clarifications about fee schedules, documentation requirements for extensions and coordination between planning, engineering and building departments.
Next steps: staff will revise the draft to clarify the fee schedule, documentation standards for "good cause," and interdepartmental review procedures and will bring the revised draft back for public comment and a future board vote.
