Town of Babylon, NY
Suffolk County
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§ 89-14 Permit required.

[Amended 3-23-2004 by L.L. No. 6-2004; 5-9-2006 by L.L. No. 12-2006; 6-16-2009 by L.L. No. 13-2009]
A. 
It shall be unlawful to own, occupy, lease, let or use a building, structure, accessory building or accessory structure that has been constructed, erected, modified or altered unless a permit authorizing the same shall have been issued by the Building Inspector. There shall be a rebuttable presumption that a building, structure, accessory building or accessory structure has been constructed, erected, modified or altered where the building, structure, accessory building or accessory structure does not conform to the approved set of plans on file with the Town of Babylon.
(1) 
Any person who shall obtain a building permit shall be in violation of this section if said building permit expires before the completion of all of the work for which the permit was issued. It shall be an affirmative defense that said building permit was renewed, surrendered to the Building Inspector or expired without any work being performed pursuant to said permit.
(2) 
Any person who shall obtain a building permit shall be in violation of this section if said building permit expires before the issuance of a certificate of occupancy for work performed pursuant to said building permit if such work requires the issuance of a certificate of occupancy.
B. 
A fee shall be charged for every permit issued. The amount of such fee shall be as may be determined from time to time by the Town Board and, commencing February 1, 2000, shall be doubled for every permit application filed after the work which is the subject of the permit has been commenced.
C. 
It shall be unlawful to own, occupy, lease, let or use a building, structure, accessory building or accessory structure that has been constructed, erected, modified or altered for solar energy generation or absorption, unless a permit authorizing the same shall have been issued by the Building Inspector.
(1) 
The requirements and fees for a permit required for said solar energy construction, modifications or alterations shall be determined by the Commissioner of Planning and Development and shall be project specific.
(2) 
The fee for a permit for said solar energy construction, modifications or alterations shall be a flat fee of $100.

§ 89-15 Application for permit; parties responsible for offenses.

A. 
An application for a building permit shall be submitted in such form as the Building Inspector may prescribe.
B. 
Such application shall be made by the owner or lessee or agent of either or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Said owner or lessee or architect, builder, contractor, agent, person, firm or corporation which shall have caused or permitted any violation of this Code to exist or be maintained or fails to comply with any provision or requirement of this Code shall each be guilty of a separate and individual offense and, upon conviction thereof, shall be punished as herein provided.
[Amended 9-13-2006 by L.L. No. 28-2006]

§ 89-16 Plans to accompany application.

Applications for building permits shall be accompanied by two sets of drawings of the proposed work, drawn to scale, including floor plans, elevations, structural details and plot diagrams.

§ 89-17 Amendment to application or plans.

Nothing in this Article shall prohibit the filing of amendments to an application for a building permit or to a plan or other drawing of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original permit application.

§ 89-18 Action on application.

Applications for building permits shall be examined within a reasonable time after filing and if, after examination, it appears that the proposed work will be in compliance with the provisions of this chapter and other laws applicable thereto and that the proposed construction or work will be safe, the application will be approved and a permit issued. If the examination reveals otherwise, the application will be returned as rejected and the findings noted in a report attached to the application.

§ 89-19 Permit fee.

[Amended 7-20-1999 by L.L. No. 8-1999; 9-18-2012 by L.L. No. 13-2012]
A fee shall be charged for every building permit issued. The amount of such fee shall be as may be determined from time to time by the Town Board, and commencing February 1, 2000, shall be doubled for every permit application filed after the work which is the subject of the permit has commenced. The amount of such fee for commercial permits shall be tripled for every permit filed after the work which is the subject of the permit has commenced.

§ 89-20 Issuance of permit for part of work.

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 before the entire plans and detailed statements of said building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for the same and have been found to comply with this chapter.

§ 89-21 Bond required to move building.

[Amended 5-7-1985 by L.L. No. 1-1985]
A bond may be requested by the Building Inspector to indemnify the Town for damage caused by the moving of a building or structure. If such bond is requested, no permit to remove a building or structure shall be granted until the bond is filed with the Town Supervisor.

§ 89-22 Conformity of work to approved materials.

All work performed under a permit issued by the Building Inspector and signed by him or his authorized assistant shall conform to the approved application and plans and approved amendments thereof.

§ 89-23 Permit expiration; extensions.

[Amended 3-3-1998 by L.L. No. 3-1998; 7-20-1999 by L.L. No. 9-1999]
A. 
Each and every permit issued by the Building Inspector under the provisions of this chapter shall expire and become null and void at the expiration of 180 days from the date of issuance, unless, within such period, an extension of such permit has been duly obtained from the Building Inspector. The provisions of this section shall apply to any such extension.
B. 
Extensions.
(1) 
Each and every permit issued by the Building Inspector prior to the effective date of Local Law No. 3 of 1998 shall expire as follows unless within such period an extension of such permit has been duly obtained from the Building Inspector:
(a) 
Where no property right has vested in the permit, six months from the effective date of this subsection.
(b) 
Where a property right has vested in the permit and the estimated cost of construction is less than $50,000 as of the date of the issuance of the permit, one year from the effective date of this subsection.
(c) 
Where a property right has vested in the permit and the estimated cost of construction is more than $50,000 and not more than $100,000 as of the date of the issuance of the permit, 18 months from the effective date of this subsection.
(d) 
Where a property right has vested in the permit and the estimated cost of construction is more than $100,000 as of the date of the issuance of the permit, two years from the effective date of this subsection.
(2) 
Extensions granted by the Building Inspector pursuant to this Subsection B shall be for 180 days.

§ 89-24 Copy of permit on premises.

A copy of the building permit shall be kept on the premises open to public inspection during the prosecution of the work and until the completion of the same.

§ 89-25 Copy of plans on premises.

The Building Inspector may require a certified copy of the approved plans to be kept on the premises at all times until completion of the work regulated herein.

§ 89-26 Revocation of permit.

[Amended 5-20-2003 by L.L. No. 6-2003]
A. 
The Building Inspector may revoke a permit or approval issued under the provisions of this chapter in the following instances:
(1) 
Where he or she finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based; or
(2) 
Where he or she finds that the building permit was issued in error and should not have been issued in accordance with the applicable law; or
(3) 
Where he or she finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; or
(4) 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Building Inspector.
B. 
Such revocation shall take place after notice to the applicant and an opportunity for the applicant to be heard by the Building Inspector.
C. 
No fees, as provided for pursuant to § 89-19 of this Code, shall be refunded after the revocation of a building permit.

§ 89-27 Building permits for repairs.

[Amended 11-17-2010 by L.L. No. 32-2010]
Emergency repairs to buildings or structures may be made in an emergency situation, when oral or written permission is given by a building inspector, to make the buildings or structures safe prior to filing an application or obtaining a building permit where said structure or building is in danger of collapse. Nothing herein shall be construed to give permission to make permanent repairs, alterations or modifications to any building or structure without a building permit.

§ 89-28 Certificate of occupancy.

No building hereafter erected, enlarged, extended or altered shall be occupied or used in whole or in part until a certificate of occupancy, certifying that such building conforms to the approved plans and the requirements of these building standards and stating the purposes for which the building may be used in its several parts and any special stipulations, shall have been issued by the Building Inspector and signed by him or his authorized assistant. If the occupancy or use of a building is not discontinued during the work of alteration, the occupancy or use of the building shall not continue for more than 30 days after completion of the alteration unless a certificate shall have been issued.

§ 89-29 Change of occupancy and use.

No change of occupancy or use shall be made in a building hereafter erected or altered that is not consistent with the last issued certificate of occupancy for such building unless a permit is secured. In case of an existing building, no change of occupancy that would bring it under some special provision of this chapter shall be made unless the Building Inspector, upon inspection, finds that such building conforms substantially to the provisions of this chapter with respect to the proposed new occupancy and use and issues a certificate of occupancy therefor.

§ 89-30 Change to prohibited use.

The reestablishment in a building, after a change of occupancy has been made, of a prior use that would not have been permitted in a new building of the same type of construction is prohibited. The change from a specifically prohibited use to another specifically prohibited use shall not be made.