In their interpretation and application, the
provisions of this chapter shall be deemed to prescribe minimum requirements
for promotion of health, safety, morals and general welfare of the
Village. This chapter shall not be deemed to amend, repeal or impair
any requirement in any ordinance or law, or in any deed restriction
or covenant or in any other undertaking between private parties, but
no provision in any such ordinance, law, restriction, covenant or
undertaking shall be deemed to justify noncompliance with any provision
of this chapter. Wherever the requirements of this chapter are at
variance with the requirements of any other lawfully adopted rules,
regulations, ordinances or private deed restrictions, the most restrictive
or that imposing the higher standards shall govern.
A.
This chapter shall be enforced by the Building Inspector,
who shall be appointed by the Board of Trustees.[1] Whenever the Board of Trustees or the Building Inspector
have reason to believe that an owner is violating any of the provisions
of this chapter, the Building Inspector or the Village Police, as
the Board of Trustees may direct, in discharge of his or its duties,
shall have the authority to enter the building or premises of such
owner at any reasonable hour.
B.
The Board of Trustees may, at its discretion, also
appoint Deputy Building Inspectors as necessary.
[Amended 12-21-1990 by L.L. No. 1-1990]
C.
Among the duties of the Building Inspector shall be
his review of all applications for permits, periodic inspections of
site work and construction, final review for both Certificates of
Occupancy and Certificates of Completion and inspections of any activities
which are deemed to violate the provisions of this chapter. Prior
to the issuance of a Certificate of Occupancy or Certificate of Completion,
the Building Inspector, or Deputy Building Inspector, will verify
and confirm the total square footage and take appropriate photographs
of the residence for property data files.
[Amended 2-16-2005 by L.L. No. 1-2005]
[Amended 12-21-1990 by L.L. No. 1-1990]
A.
No building or structure shall be erected, altered,
demolished or enlarged unless the owner, lessee or agent of either
shall file with the Building Inspector, prior to the commencement
of such proposed construction or demolition, a statement in triplicate,
as set forth below, and such plans and structural detailed drawings
of the proposed work as may be reasonably necessary to determine compliance
with the provisions of this chapter.
B.
Plans involving structures or structural changes shall
require the seal and signature of a New York State registered architect
or professional engineer. The Board of Trustees may waive the requirements
of this subsection for projects whose total value does not exceed
$10,000.
[Amended 12-21-1990 by L.L. No. 1-1990; 3-18-2009 by L.L. No. 3-2009]
It shall be unlawful for any person to perform
site work or commence work for the erection, alteration or demolition
of any building or structure until a permit has been duly issued therefor.
Except upon written order of the Board of Zoning Appeals, no building
permit shall be issued until the Building Inspector has certified
that the proposed building or structure complies with all the provisions
of this chapter. An application for a building permit shall be in
writing duly verified, giving the full name and residence of the owner
of the premises, and shall be accompanied by the appropriate fee.
Such application shall also be accompanied by a plat in triplicate
drawn to scale showing the actual dimensions of the lot to be built
upon, the size of the building or structure to be erected, their locations
on the lot, the setback line observed by the building with respect
to each lot line, and such other information as the Building Inspector
may require.
If the construction is to be made or executed
by any person other than the owner of the land in fee, the person
intending to make such construction shall either, as owner, lessee
or in any representative capacity, furnish to the Building Inspector,
accompanying the application to build, a statement in writing, sworn
to as aforesaid, giving the full name and residence of the owner of
the land, building or proposed structure and reciting that he is duly
authorized to perform said work. Such statement may be made by the
agent or architect of the person hereinbefore required to make the
same.
All applications, notices and sworn statements
required by this chapter shall be presented to the office of the Clerk
of the Village of Tuxedo Park, and records of all permits issued shall
be kept by the Clerk of the Village of Tuxedo Park.
[Amended 12-21-1990 by L.L. No. 1-1990; 4-28-2015 by L.L. No. 1-2015]
Projects which would alter the external visual
elements of a land parcel, lot, structure or building shall require
the approval of the Board of Architectural Review prior to the issuance
of a Building Permit.
[Amended 12-21-1990 by L.L. No. 1-1990; 4-28-2015 by L.L. No. 1-2015]
A.
It shall be unlawful to construct or demolish any
building or structure until the application and plans required by
the Village Code shall have been approved by all appropriate Village
boards and a permit issued by the Building Inspector, or such administrative
official as the Board of Trustees may appoint, provided that the application
and plans comply with all applicable laws, ordinances, codes, rules
and regulations.
B.
An approved copy of the plans and specifications must
be kept at the premises under construction until a Certificate of
Occupancy therefor is issued.
[Amended 12-21-1990 by L.L. No. 1-1990; 4-28-2015 by L.L. No. 1-2015]
Nothing in this article shall be construed to
prevent the Building Inspector from issuing a permit for the construction
of part of a building or structure when plans and detailed statements
meeting the requirements of the Village Code have been submitted and
approved by the appropriate reviewing board(s) having jurisdiction
over such application, provided that the applicant posts a performance
bond, letter of credit or cash security in an amount and form satisfactory
to the Village and adequate to cover the cost to complete the balance
of the project or the cost to remove the partial construction and
restore the site, depending on which amount is most apt under the
circumstances.
[Amended 4-28-2015 by L.L. No. 1-2015]
Every Building Permit, Certificate of Occupancy
or Certificate of Completion issued by the Building Inspector under
the provisions of this chapter shall have the signature of the Building
Inspector, or his/ her lawful designee, affixed thereto.
Nothing in this chapter shall prohibit the filing
of amendments to any application at any time before the completion
of the work for which a permit was sought, and such amendments, if
approved, shall be made a part of the application and filed as such.
B.
Except as noted in Subsection A, permits shall be valid for a period of 18 months from their issuance, after which up to two six-month renewals shall be granted by the Building Inspector, upon the filing of an application therefor, payment in full of all application and escrow fees/replenishments outstanding, and posting of all required and up-to-date bonding and/or other security. In no case shall a permit be valid for more than 30 continuous months. Any work for which a building permit has been issued which remains less than fully complete after the expiration of the aforementioned thirty-month period shall be required to submit a new application to each reviewing board having granted the prior approval upon which the initial Building Permit was based, and to pay all associated new application fees and escrow monies. Said board(s) shall review the application to ensure that there have been no significant changes to the surrounding area that may impact the project, and to ensure compliance with the prior approval. After all such new approvals have been granted; a new building permit may be issued by the Building Inspector in accordance with this chapter.
[Amended 4-28-2015 by L.L. No. 1-2015]
C.
Any work
for which a building permit has been issued which remains partially
complete with no substantial progress over a continuous twelve-month
period shall be considered an abandoned project, upon which event
the building permit may be revoked, and which in any event shall be
a violation of this chapter.
[Added 4-28-2015 by L.L. No. 1-2015]
[Amended 12-21-1990 by L.L. No. 1-1990]
The Board of Trustees may revoke, without refund
of fees, any permits or approval issued under the provisions of this
article in the case of any false statement, any violation of the terms
of the permit or any misrepresentation as to a material fact in the
application on which the permit or approval was based, or any activity
deemed to jeopardize the health, safety or general welfare of the
Village.
[Amended 12-21-1990 by L.L. No. 1-1990]
Ordinary repairs and maintenance to buildings
and structures may be made without notice to the Building Inspector,
provided that there are no structural or externally visual alterations
and no change in materials, design or colors.
It shall be the responsibility of every permit
holder to notify the Building Inspector in writing at least 24 hours
prior to the commencement of any activity. In addition, the Building
Inspector may require subsequent notices at critical phases of the
construction process.
[Amended 12-21-1990 by L.L. No. 1-1990]
All exterior and interior construction, renovation, repair or maintenance which involves vibration, noise, truck traffic, bright lights, dust odors or other disturbances shall only be performed between the hours and on the days specified in § 70-6 of this Code. Construction sites and adjacent roads shall be maintained in a neat and orderly fashion so as to create a minimum visual objection. Operating noise must be kept to a minimum. Blasting, jackhammering, pile driving and all similar operations involving excessive noise, vibration, shock and/or potential hazard shall require, in addition to the normal permits, a written notification to all neighboring property owners and residents within 500 feet of the proposed operation. Such notification shall be effected at least 48 hours prior to commencement of the subject activity.[1]
A.
It shall be unlawful to use or permit the use of any
building or premises or part thereof hereafter erected, altered, converted
or enlarged, wholly or partly, in its use or structure until a Certificate
of Occupancy or a Certificate of Completion therefor shall have been
issued by the Building Inspector to the owner of record. Such certificate
shall certify that the said building, structure or premises or part
thereof and the proposed uses thereof are in conformity with the provisions
of this chapter and the New York State Uniform Fire Prevention and
Building Code and shall be in such form as the Board of Trustees of
the Village shall authorize. It shall be the duty of the Building
Inspector to inspect the premises and to verify completion according
to approved plans and to issue or deny a Certificate of Occupancy
within 20 days after a written request for the same shall be filed
at the office of the Clerk by any owner of a building or premises.
Such inspection for a Certificate of Occupancy shall be performed
at least each time the property changes ownership.
B.
Upon written request from the owner, the Board of
Trustees shall issue a Certificate of Occupancy for any building or
premises existing at the time of passage of this chapter, certifying,
after inspection, the use made of the building or premises and whether
such use conforms to the provisions of all applicable state and Village
laws.
[Amended 12-21-1990 by L.L. No. 1-1990]
C.
No Certificate of Occupancy is required as to any
building in existence at the date of this chapter, even though such
building does not conform to this chapter either as to the lot area
or yard requirements, percentage of lot occupied or minimum floor
areas, except where a change of use or conversion occurs.
D.
It is unlawful to voluntarily sell, transfer or convey
title to any building or structure on and after the effective date
of the adoption of this chapter until a Certificate of Occupancy therefor
shall have been issued by the Building Inspector. Such Certificate
shall certify that such building or structure and the proposed use
thereof are in conformity with the provisions of all applicable state
and Village laws. Prior to the issuance of such Certificate, the Building
Inspector shall inspect such building or structure. Any person to
whom any such building or structure is to be sold, transferred or
conveyed may request the Building Inspector to inspect the same and
to issue a Certificate of Occupancy in advance of the sale, transfer
or conveyance.
[Amended 12-21-1990 by L.L. No. 1-1990]
E.
No Certificate of Occupancy shall be issued hereunder
until, among other things, all debris and construction materials and
equipment are removed from the premises and all driveways are completed
and usable.
F.
Structures such as pools, antennas, driveways, courts,
cabanas, walls, etc., which are not to be occupied, shall also require
inspection by the Building Inspector to verify completion according
to approved plans. If acceptable to the Building Inspector and Board
of Trustees, a Certificate of Compliance shall issue, after which
the structure may be placed in service.
G.
A fee shall be required from the latest owner of record
to cover the costs of inspection and issuance of both Certificates
of Occupancy and Certificates of Compliance.
Nothing herein contained shall require any change
in the plans, construction or designated use of a building under construction
at the time of adoption of this chapter or any amendments thereto,
provided that the construction shall have proceeded to the completion
of the foundations and the setting of the first floor beams or, in
the instance of an alteration, the completion of at least 40% of the
estimated cost of the alterations, and provided further that the work
thereon shall be diligently prosecuted to completion within one year
from the effective date of this chapter.
[Amended 2-20-2008 by L.L. No. 2-2008]
A.
The Board of Trustees shall, from time to time, adopt by resolution
and publish a schedule of fees for permits, inspections, appeals,
subdivisions, environmental review and the like.[1] These may be flat fees, graduated fees or fees based on
actual cost of construction. The Village Clerk shall maintain a current
fee schedule and be responsible for collecting the appropriate sums.
[1]
Editor's Note: The current fee schedule is on file in the
office of the Village Clerk.
B.
Such fees shall include and monies held in escrow shall be held to
pay the reasonable and necessary fees and expenses of the consultants
(including attorneys, engineers, planners, environmental consultants
and other professionals) to the Planning Board, Board of Architectural
Review, Board of Zoning Appeals, Building Inspector and Board of Trustees
resulting from their review of an applicant's request for approval
of any municipal approval including subdivisions, lot line changes,
site plans, architectural approvals, special permits, variances, interpretations,
appeals to the Board of Zoning Appeals, review during construction
as deemed necessary by the Building Inspector and the like, and any
modification or amendment of the foregoing.
C.
A schedule of standard initial estimates for the reasonable amount of such expected consultant fees and expenses shall be established by the Board of Trustees in the schedule of fees noted in Subsection A above, which may be amended by resolution of the Board of Trustees from time to time. Such initial estimate shall be paid to the Village Clerk by an applicant at the time of the application filing. The amount so paid shall be held in escrow by the Village for application to payment of such consultants' fees and expenses, and replenished by the applicant, in accordance with an escrow policy of the Village that may be adopted and amended from time to time by resolution of the Village Board of Trustees. Such escrow policy shall also set forth conditions of the escrow and the consequences for failure to maintain the proper escrow amount as defined therein.
D.
No plat or plans shall be signed by the respective Village boards,
and no building permit or other project permit or certificate shall
be issued, until all outstanding invoices for consultant fees and
expenses have been paid in full in accordance with escrow policy except
as may be otherwise specifically approved by the Board of Trustees.
[Amended 12-21-1990 by L.L. No. 1-1990]
A.
Any project which encompasses off-site improvements
shall require a performance bond, letter of credit or cash security
in a form acceptable to the Village and in an amount equal to the
total estimated off-site costs plus 20% of those costs.
B.
Any new residence or any project expected to require
more than 18 months to complete shall require a performance bond,
letter of credit or cash security in a form acceptable to the Village
and in an amount equal to 5% of the estimated cost of construction.
Proceeds of such bond shall be used to restore or vegetate the site
in the event of incompletion or abandonment.
