Yorktown proposes changes to temporary certificate of occupancy law

Councilman Sergio Esposito is pushing forward changes to the town’s temporary certificate of occupancy (TCO) law. The Town Board voted March 10 to refer out a draft of the proposed changes. Now that the draft has been referred out, next steps include reviews from local agencies, a public hearing and Town Board deliberation before a final vote. Esposito spoke with Yorktown News about the current law and what his suggested changes would mean going forward.

This interview has been edited for clarity.

What is a temporary certificate of occupancy, and what is your motivation for amending the law? A temporary certificate of occupancy (TCO) is a document issued by a municipality that allows a building (or part of it) to be legally occupied before all construction or permit requirements are fully completed, as long as it is deemed safe for use. It’s typically granted when only minor, non-safety-related items remain unfinished (for example, landscaping, final inspections, or small exterior work), and it is issued for a limited period of time with conditions that must be met.

The goal of amending TCO laws is to keep projects moving forward responsibly while protecting public safety and streamlining the governmental process, making it more efficient and fair for residents, businesses and the community.

What does the current law say? The current law allows the building inspector to issue a Temporary Certificate of Occupancy (TCO) for 180 days upon Town Board authorization for good cause, provided all site requirements can be completed within that timeframe. Extensions of 90 days may be granted if applied before the initial expiration. 

How would the changes you are proposing alter the law? The proposed changes establish a more streamlined and user-friendly system that reflects real-world conditions for applicants while strengthening accountability to the community. These updates will help projects move forward efficiently while ensuring they are completed responsibly.

Currently, the Building Department can issue a Final Certificate of Occupancy but not a Temporary Certificate of Occupancy. The proposed changes would authorize the Building Department to directly issue TCOs and introduce reasonable renewal fees as prescribed in the master fee schedule while still utilizing bonding ensuring the work will be finished. In addition, if minor, non-safety-related items are not completed within a maximum of 12 months, any further extensions would require review and approval by the Town Board.

What are the benefits? The proposed changes create a more streamlined process that is efficient for both the applicant and the town, while strengthening accountability. Temporary Certificates of Occupancy would naturally expire if not renewed, ensuring projects continue to move forward. The updates also establish a clear timeframe and set firm expectations for completion, promoting a more predictable and responsible process for all involved.

What are the challenges? I don’t believe there are any challenges.

What else should residents and business owners know? The Town Board, and I are committed to making local government more efficient and less complex, creating a clear and navigable process for applicants. This law will strengthen accountability while expediting what has become an outdated process, helping to modernize our town code and reducing bureaucracy.