[Adopted 4-7-1971 as Secs. A700 through A715 of the 1971
Code; amended in its entirety 10-10-2001 by L.L. No. 2-2001[1]]
[1]
Editor's Note: Previous amendments included
L.L. Nos. 5-1984, 3-1985, 2-1987, 1-1988, 4-1988 and 2-1995.
A.
No building or structure, or part thereof, shall hereafter
be moved, erected, constructed, reconstructed, demolished, extended
or altered except it be in conformity with the provisions herein contained.
B.
A building damaged by fire or other casualty to an
extent less than 1/2 of the reproduction cost of said building, exclusive
of foundations, may be repaired or restored so as to conform to its
original condition, plan, construction or use, or may be reconstructed
in any of its parts, as the Board may specify in the permit. However,
new elevator, plumbing, heating or electrical equipment shall conform
to the provisions of this article.
[Amended 1-10-2024 by L.L. No. 2-2024]
A.
Before commencing to move, demolish, erect, construct, alter or add
to any building, or to make substantial additions to or changes in
the plumbing, heating, elevator or electrical equipment of any building
for which a certificate of occupancy shall have been issued, or to
construct, alter or replace a driveway, or change of grade, the owner,
lessee, architect, contractor or builder, or the agent of any one
of them, shall secure from the Building Inspector a permit for the
complete operation in question. An application for such permit shall
be made in duplicate on appropriate forms to be furnished by the Village.
Whenever any proposed operation includes any demolition, such fact
shall be expressly stated.
B.
Such application shall be in the form prescribed by the Board of
Trustees and shall be accompanied by duplicate sets of drawings to
accurate scale in ink, blueprint, photocopy or tracing bearing a statement
of the specifications. Any additional detailed drawings or other information
required by the Building Inspector shall also be furnished in duplicate.
The statement of specifications or drawings shall give the location
of the proposed operation, live floor loads for which each floor is
designed, kinds of occupancies, number of families or occupants, and
all necessary information with reference to existing construction
and shall include a property survey in duplicate, blueprinted or photocopied
on paper or cloth from an ink tracing, 8 1/2 inches by 13 1/2
inches, giving the location and dimensions of the lot on which it
is proposed to construct, the location of the proposed building or
buildings, structure or structures, or driveway and the location of
any existing buildings or structures which are to remain. A plot plan
shall be incorporated in the drawings.
C.
The application for a permit shall give the names and addresses of
the applicant, the architect and the contractor or builder, and the
full name and address of the owner of the property. Each application
shall state the estimated cost of the undertaking. All facts in the
application shall be subject to affirmation under oath. If in the
judgment of the Building Inspector the estimated cost is manifestly
incorrect, the Board may, or employ others to, estimate the cost of
the work, and the expense of the estimate shall be paid by the applicant.
Any application may be amended or corrected, and must be amended if
any major change be made in the drawing or specifications; but no
major modifications in the actual work may be made until after the
application and the permit shall have been amended or a new permit
issued.
D.
Applications shall include construction drawings as required by the
Code Enforcement Officer. Construction drawings shall bear the original
seal and signature of a registered architect or professional engineer
licensed to practice in the State of New York.
E.
No permit required.
(1)
No application is required, and no permit shall be necessary, in
the case of:
(a)
Exterior repairs costing less than $1,000;
(b)
Interior repairs; or
(c)
Interior alterations other than:
[1]
Structural alterations, modifications or changes, including
but not restricted to the cutting away or removal of any part of the
bearing wall, the removal or cutting of any beam or support, any change
or enclosure of any stairway or exit, or the construction or alteration
of any part of the elevator equipment; or
[2]
Alterations, modifications or changes to the electrical wiring
systems or to the plumbing, heating, ventilating or air-conditioning
systems.
(2)
The term "repairs" as used herein shall include replacement on nonstructural
components or materials by components or materials which are similar
in construction and quality to that replaced.
F.
Each application shall be accompanied by the required fee which shall
be as established from time to time by resolution of the Board of
Trustees, for the following:[1]
(1)
For repairs or alterations.
(2)
For new construction.
(3)
A zoning fee shall be charged for all permits.
(4)
Applications for building permits shall expire if a permit is not
issued within six months of approval. Upon payment of the fee established
from time to time by resolution of the Board of Trustees,[2] the Building Inspector can renew applications for no more
than six months, after which the Board of Trustees may extend the
application in six-month increments.
G.
In the case of any rejection of an application the Village shall
refund 1/2 of the fee paid.
H.
No permit for the erection, construction, alteration, reconstruction
or demolition of any building or structure shall be issued unless
the owner, lessee, builder or contractor shall first file with the
Building Inspector suitable evidence of compliance with the Workers'
Compensation Law of the State of New York.
I.
If an application for a building permit is withdrawn by the applicant
before issuance or denial of the building permit, the balance of any
fees paid when the application for the building permit was filed will
be returned to the applicant after the costs and expenses incurred
by the Village in examining and processing the application are deducted.
A.
Copies of all approved plans and specifications shall
be kept on file by the Board, and one set of officially stamped copies
shall be returned to the applicant upon issuance of the permit.
B.
The Building Inspector shall issue a written permit for the prosecution of the work, after determining that the plans and specifications and the prospective uses comply with the requirements of this Chapter 87, Chapter 200, Zoning, and the state laws and that any retained existing construction is in good and safe condition.
C.
A conditional permit may be issued after the examination
of general plans and the statement of specifications pending receipt
of further detailed information required by the Board.
D.
During the progress of the construction a set of plans
and the statement of specifications bearing the certification stamp
or signature of the Board's representative at all times shall be kept
on the premises involved. All work shall be carried on in strict accordance
with such plans and specifications.
E.
Permits will expire unless construction is completed
within one year of issuance of the permit, except that upon payment
of the fee required by § 87-7E(4), the Building Inspector
may renew the permit for no more than six months, after which the
Board of Trustees may extend the permit in six-month increments.
F.
A permit may be revoked because of any false statement
or misrepresentation of material fact in the application. Notice of
the revoking of a permit shall be deemed to be duly given by service
upon a responsible individual in charge at the premises, or by mailing
to the post office address of the party to whom the permit was issued.
It shall be unlawful to proceed with any building work after the revocation
of a permit.
A.
All work shall be properly safeguarded during construction.
Fences may be required by the Inspector.
B.
Where any part of a building under construction, alteration
or demolition, which is more than one story high, shall be within
five feet of a street line, a shed shall be provided over the sidewalk
for pedestrian passage, such shed to sustain any load that may be
placed upon it during the construction of the building, and such shed
shall be not less than six feet wide, and not less than seven feet
six inches high in the clear, and shall be kept lighted all night.
C.
No such shed shall be erected until a permit therefor,
signed by the Building Inspector, shall have been obtained upon written
application to the Board of Trustees.
A.
No adjacent property shall be damaged by excessive
terracing, regrading, shoring, or underpinning.
B.
Sheet piling or retaining walls shall be employed
in connection with excavations, where necessary for the protection
of adjacent property.
D.
Such protection shall also be required where new construction
or grading or a combination of the two causes excessive water to drain,
accumulate or wash over adjacent property.
Adequate sanitary facilities shall be provided,
subject to the Building Inspector's approval. All such temporary facilities
shall be located in the rear yard.
Adequate protection shall be placed over curbing,
sidewalks and other surfaces to prevent damage thereto. In the event
of damage during building operations, immediate precautions shall
be taken to avoid accidents and the surface shall be restored to the
satisfaction of the Building Inspector before a certificate of occupancy
will be issued.
During the course of any construction, alteration
or new building, periodic inspections by the Building Inspector must
be made. The contractor or applicant shall provide the Building Inspector
with a minimum of three business days' notice for any required inspections
and shall have the official approved plans on site.
A.
No building hereafter constructed, extended, reconstructed
or altered shall be occupied, until a certificate of occupancy shall
have been issued by the Board, except that any building occupied during
alteration may continue to be occupied in accordance with the provisions
of this article for 30 days succeeding the completion of such alteration.
A certificate of occupancy shall state that the building involved
substantially conforms to the requirements of this article for the
proposed occupancy, which shall be stated in the certificate. Such
certification shall apply among other matters to character of construction,
number of stories, purposes for which the building may or may not
be used, the permissible live loads of the several floors and the
permissible number of occupants of each story. Such a certificate
shall be issued by the Board within 10 days of the date of application
therefor, if the building was entitled to such certificate at the
time the application was made.
B.
A temporary certificate of occupancy may be issued
for a part of a building in advance of the completion of the whole,
at the discretion of the Board of Trustees, provided that such occupancy
in no way jeopardizes life or property.
C.
Before the issuance of a final certificate of occupancy
the owner, lessee, contractor or builder shall file with the Building
Inspector a survey made by a duly licensed surveyor showing the location
of all structures; also a diagram showing the location of underground
cesspools, tanks or other subsurface structures.
D.
The owner, lessee, contractor or builder shall also
file with the Building Inspector an electrical certificate (Board
of Fire Underwriters or other qualified inspection agency approved
by the Village) and such other certificates and proof of inspection
and approvals that the Building Inspector may require.
No change in nature of occupancy shall be made
unless such change is authorized under the provisions of this article,
and is covered by the certificate of occupancy.
Any building to be demolished shall be taken
down story by story. No materials shall be placed on any floor during
demolition that would render it unsafe, but all shall be at once lowered
to the ground.
Any building which is altered and/or renovated,
and does not involve a change in use or result in the construction
of additional rooms, may continue to be occupied in accordance with
the provisions of this article for 30 days succeeding the completion
of such alteration. A letter of completion shall state that the work
involved substantially conforms to the requirements of this article.
The provisions of this article shall be enforced,
and all building operations shall be observed by the Board of Trustees
or Building Inspector or such other person as the Board may designate.
The Board or its representative shall keep records of its acts and
decisions and shall cause to be filed with the Village Clerk, monthly,
in writing, a detailed statement of buildings erected or altered during
the month preceding, of permits issued and of the estimated cost of
work covered by such permits; of inspections made, violations found,
and actions taken with respect to such violations and of certificates
of occupancy issued. Dereliction of the Board, or the Inspector, in
their duties, shall not legalize any violation of the provisions of
this article.
In their own person or in that of duly delegated
subordinates, and upon exhibition of an authorized identifying badge,
the Board or the Inspector, or other representative, shall have, for
the purposes herein specified, the right of entry at reasonable hours
upon due notice to the occupants of any existing building in which
the Board has reason to believe unsafe conditions exist, or to any
part of any building upon which building work is being carried on.
The Board shall have authority to order, conduct
or accept tests for any building materials or construction and to
prescribe the procedure for the approval of new materials or construction
not covered in this code. Such procedure shall include due public
notice and listing and placing on file of all orders and regulations.
The Board shall have power to condemn any building
for demolition upon due cause. The Board shall have power to require
provision of improved or additional exits from stores, tenements or
apartment houses, theaters and other places of public assembly if
it has reason to believe that existing exits are inadequate or unsafe.
When the Board shall have reason to believe that any building is unsafe,
it shall cause the owner thereof to be notified and shall grant the
owner a reasonable time, depending on the urgency of the case, to
remedy any unsafe condition. It shall be the duty of any owner, within
48 hours after having received notice that his building is unsafe,
to begin such work as may be necessary in the interest of permanent
safety and to carry on such work diligently. The Board shall have
power, in case of necessity, to cause the premises to be vacated,
or the street or sidewalk to be closed, or to take any other measures
necessary for safety to person or protection of property, including
the building of temporary protective structures. The owner of the
premises shall reimburse the municipality for any expenditure involved
in these actions. No building which shall have been vacated as the
result of proceedings under this section shall thereafter be occupied
until a certificate of occupancy shall have been issued as hereinbefore
provided. In all such cases, a full report of facts shall be made
to the Board.
A.
No lot shall be so reduced in area after the passage
of this article as to decrease any lot area or prescribed open spaces
below the minimum requirements of this article. However, this article
shall not be construed so as to permit an increase in the number of
lots in any block as it exists as of the effective date of this article.
B.
No lot shall be changed in size, shape or area without
application to and approval by the Board of Trustees. Such application
shall also include:
(1)
An individual survey of each lot affected made and
signed by a licensed surveyor showing all dimensions, buildings and
improvements as they exist.
(2)
A plot plan showing the same information for the proposed
building lots. Upon examination and approval a permit shall be issued.
Each application shall be accompanied by the required fee which shall
be as established from time to time by resolution of the Board of
Trustee for each two lots affected.[1]
A.
Any owner, lessee, architect, or builder, or the agent of any of them, who violates, or is an accessory to the violation of any provision of this article, including failure to apply for a building permit or other necessary permit, shall be liable to a penalty as set forth in § 1-14 of the Village Code.
[Amended 12-8-2010 by L.L. No. 3-2010]
B.
Notice of the violation of any of the provisions of
this article shall be given in writing to the owner or his agent,
either by delivering the same to him personally or mailing the same
by certified mail, return receipt requested, or regular mail, to his
last known post office address and if such owner cannot be served
with reasonable diligence or if his post office address cannot be
ascertained, then by posting such notice of violation in a conspicuous
place on the premises where such alleged violation has occurred. In
either event a copy of the notice of violation shall be filed in the
office of the Village Clerk.
C.
In addition to any right or remedy granted the Building
Inspector by this article, he may, in his discretion, through the
Village Attorney, institute any appropriate action or proceeding at
law or in equity, to restrain, correct or remove such violation, or
the execution of any work thereon, or to restrain or correct the erection
of alteration of, or to require the removal of, or to prevent the
occupation or use of the building or structure erected, constructed
or altered in violation of, or not in compliance with, any of the
provisions of this article.
Any applicant for a permit, or any owner, lessee,
architect or builder, or agent thereof, who may be conducting a building
operation, shall have the right of appeal to the Board of Appeals
from any decision or act of the Inspector, provided that such appeal
is filed within 10 days of the rendering of such opinion or the commission
of such act.
