[Amended 11-14-2001 by L.L. No. 8-2001]
No building in any district shall be erected,
reconstructed or restored or structurally altered without a building
permit duly issued upon application to the Building and Zoning Inspector.
No building permit shall be issued unless the proposed construction
or use is in full conformity with all the provisions of this chapter.
Any building permit issued in violation of the provisions of this
chapter shall be null and void and of no effect, without the necessity
for any proceedings or revocations or nullification thereof, and any
work undertaken or use established pursuant to any such permit shall
be unlawful. No building permit shall be required for small noncommercial
structures not exceeding 150 square feet and not intended as quarters,
for living, sleeping, eating or cooking.
A. Every application for a building permit shall contain
the following information and be accompanied by the required fee and
by a plot plan drawn to scale and signed by the person responsible
for such drawing. If no such plot plan is available, a survey prepared
by a licensed engineer or land surveyor is required. No such survey
or plot plan is required where there is no proposed extension or increase
in either the height or footprint of the existing structure. Fees
shall be in accordance with the Standard Schedule of Fees of the Town
of Eden as may be adopted from time to time by resolution of the Town
Board.
(1) The actual shape, dimensions, radii, angles and area
of the lot on which the building is proposed to be erected or of the
lot on which it is situated if an existing building.
(2) The section, plate, block and lot numbers as they
appear on the latest tax records. Existing easements should also be
shown.
(3) The exact size and location on the lot of the proposed
building or buildings or alteration of an existing building and of
other existing buildings on the same lot.
(4) The dimensions of all yards in relation to the subject
building and the distances between such building and any other existing
buildings on the same lot.
(5) The existing and intended use of all buildings, existing
or proposed, the use of land and the number of dwelling units the
building is designed to accommodate and existing and proposed underground
utilities and easements therefor.
(6) Such topographic or other information with regard
to the building, the lot or neighboring lots as may be necessary to
determine that the proposed construction will conform to the provisions
of this chapter.
B. No building permit shall be issued for the construction
or alteration of any building upon a lot without access to a street
or highway as stipulated in § 280-a of the Town Law. Such
access shall consist of not less than a twenty-foot-wide permanent
legal right-of-way, improved to the satisfaction of the Planning Board,
to a public street.
C. No building permit shall be issued for a lot in a
subdivision requiring approval by the Planning Board unless the subdivision
map has been properly filed in the office of the County Clerk.
D. No building permit shall be issued for any building
where the site plan of such building is subject to approval by the
Planning Board, except in conformity with the plans approved by said
Board.
E. No building permit shall be issued for a building
to be used for any special permit use in any district where such use
is subject to approval by the Town Board unless and until such approval
has been duly granted by the Town Board.
F. The building permit application and all supporting
documentation shall be made in quadruplicate. On the issuance of a
building permit, the Building and Zoning Inspector shall return one
copy of all filed documents to the applicant.
G. The Building and Zoning Inspector shall, within 10
days after the filing of a complete and properly prepared application,
either issue or deny a building permit. If a building permit is denied,
the Building and Zoning Inspector shall state, in writing, to the
applicant the reasons for such denial within five days of such motion.
H. Every building permit shall expire if the work authorized
has not commenced within six months after the date of issuance or
has not been completed within 18 months from such date for construction
costing less than $1,000,000 and has not been completed within 30
months from such date for construction costing in excess of such amount.
If no zoning amendments or other codes or regulations affecting the
subject property have been enacted in the interim, the Building and
Zoning Inspector may authorize, in writing, the extension of either
of the above periods for an additional six months, following which
no further work is to be undertaken without a new building permit.
I. As soon as the foundation of a building or of any
addition to an existing building is completed, and before first story
framing or wall construction is begun, there shall be filed with the
Building and Zoning Inspector an accurate survey signed by the person
responsible for said survey showing the exact location of such foundation
with respect to the street and property lines of the lot.