§ 76-15. Conditional occupancy.

A. 

Upon request, the code enforcement official may issue a conditional certificate of occupancy for a building or structure, or parts thereof, before the entire work covered by the permit has been completed, provided that the building or structure, or portion or portions to the extent completed, may be occupied safely without jeopardizing life or public welfare. A conditional certificate of occupancy shall specify the conditions that must be met before a final certificate of occupancy can be issued and shall specify an expiration date. The expiration date may be extended at the discretion of the code enforcement official.

B. 

Conditional certificates of occupancy criteria. A conditional certificate of occupancy may be issued for a building, provided that all laws, rules, ordinances and regulations of the State of New York and Town of Hamburg, together with the following, as applicable in the sole judgment of the code enforcement official, are complied with:

(1) 

The conditional certificate of occupancy shall state a date upon which it shall automatically expire and become void.

(2) 

A list of all items remaining to be completed on the project site shall be set forth on the conditional certificate of occupancy and a time limit stated, by which date all items of work are to be completed.

(3) 

A cost estimate of the remaining work shall be submitted by the applicant in a form acceptable to the code enforcement official, which cost estimate may be increased to reflect cost overruns or additional work necessary to complete required items.

(4) 

A letter of commitment shall be submitted with an original signature affixed by the property owner and/or applicant and approved by the Code Enforcement Department to the Town of Hamburg, agreeing to complete the remaining work prior to the stipulated expiration date.