Except as permitted by the Board of Appeals pursuant to § 295-146, no commission, board, agency, officer or employee of the Village shall approve, grant or issue any permit, license, certificate or other authorization for construction, reconstruction, alteration, renovation, demolition, enlargement, moving or removing of any building or structure, or for any use of land, building or structure, that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
A.
Designation, powers and duties. Unless otherwise provided by law, the Building Inspector, appointed pursuant to Chapter 101, Article I, of the Village Code, or any other person designated by the Board of Trustees for the purpose, shall, in addition to performing any other duties prescribed by law, enforce the provisions of this chapter and any rules and regulations made in furtherance thereof. In enforcing this chapter, the Building Inspector or such other designated person may from time to time inspect any building, structure or premises at any reasonable hour. The Building Inspector shall also attend all meetings of the Board of Appeals and may request the assistance of any other municipal department.
B.
Reports and records.
(1)
The Building Inspector shall keep a permanent record,
including all pertinent maps and plans, of all building permits, certificates
of completion, and certificates of occupancy and of all applications
for building permits and certificates.
[Amended 6-3-2008 by L.L. No. 7-2008]
(2)
The Building Inspector shall also keep a permanent
record of all violations of this chapter, whether reported by private
citizens or by any board, agency, officer or employee of the Village,
and of the disposition of the violations.
(3)
The Building Inspector shall make a monthly written
report to the Village Manager and the Board of Trustees in which (s)he
sets forth the number and type of building permits, certificates of
completion, and certificates of occupancy issued and lists the status
and disposition of all reported violations of this chapter.
[Amended 6-3-2008 by L.L. No. 7-2008]
[Amended 6-3-2008 by L.L. No. 7-2008; 8-5-2008 by L.L. No.
24-2008; 11-16-2010 by L.L. No. 8-2010]
A.
No person shall construct, reconstruct, alter, renovate,
demolish, enlarge, move or remove any building, structure or driveway,
or any portion of any building, structure or driveway, or pave any
portion of a lot without a building permit, nor shall any person occupy
or use any building, structure or premises, or any portion of any
building, structure or premises, hereafter constructed, reconstructed,
altered, renovated, demolished, enlarged, moved or removed, without
a certificate of occupancy or a certificate of completion. Notwithstanding
the above, a building permit shall not be required to repair or repave
a driveway, so long as the dimensions of the driveway are not being
altered.
B.
Except where the Board of Appeals granted a variance pursuant to § 295-146, no building permit, certificate of completion or certificate of occupancy shall be issued for any building, structure, driveway, paving or premises where the construction, reconstruction, alteration, demolition, renovation, enlargement, moving, removing, use or occupation thereof would be in violation of any of the provisions of this chapter.
C.
No building permit, certificate of completion or certificate
of occupancy shall be issued unless the proposed and completed work
is in substantial conformance with the New York State Uniform Fire
Prevention and Building Code and the State Energy Conservation Construction
Code.
D.
No building permit, certificate of completion or certificate
of occupancy shall be issued until the applicant has complied with
all of the provisions of this chapter, including, without limitation,
obtaining any approvals required by this chapter from the Planning
Board, the Board of Appeals, the Architectural Review Board, and the
Board of Trustees and complying with any conditions to which those
approvals are subject.
E.
Any person who fails to apply for a building permit,
certificate of completion or certificate of occupancy as required
by and in accordance with this chapter and who proceeds to construct,
reconstruct, alter, renovate, demolish, enlarge, move or remove a
building, structure or driveway or any part thereof, or who proceeds
to occupy or use such a building, or structure or driveway or a part
thereof, or who paves any portion of the lot, or who proceeds to occupy
or use or change the use of land, shall be in violation of this chapter.
A.
Applications.
(1)
All applications for building permits shall
comply with the requirements of the Uniform Fire Prevention and Building
Code of the State of New York and, in addition, shall comply with
the requirements of this section.
(2)
All applications for building permits shall
be made to the Building Inspector, in writing, with three copies,
on official forms by the fee owner of the property.
[Amended 6-3-2008 by L.L. No. 7-2008]
(3)
All applications for building permits shall
be accompanied by three sets of construction plans that define the
scope of the proposed work.
[Added 6-3-2008 by L.L. No. 7-2008[1]]
[1]
Editor's Note: This Local Law also redesignated
former Subsection A(3) through (7) as Subsection A(4) through (8),
respectively.
(4)
All applications for building permits, except
those for signs, shall be accompanied by three copies of a layout
or plot plan, drawn to scale, showing:
[Amended 6-3-2008 by L.L. No. 7-2008]
(a)
The actual shape, dimensions, radii, angles
and area of the lot on which the building or structure is situated
or proposed.
(b)
The block and lot numbers as they appear on
the official Village tax map.
(c)
The exact size and locations on the lot of all
existing and proposed buildings, structures, alterations, wells and
septic systems.
(d)
The dimensions of all yards in relation to the
subject buildings and structures and the distances between those buildings
and structures and all other existing and proposed buildings and structures
on the same lot.
(e)
The existing and intended use of all existing
and proposed buildings and structures, the existing and intended use
of the land and the number of dwelling units the proposed buildings
and structures are designed to accommodate.
(f)
Such topographic or other information with regard
to the building, the lot and neighboring lots as may be necessary
to determine that the proposed construction will conform to the provisions
of this chapter.
(5)
All applications for building permits shall
be accompanied by a written statement by the applicant demonstrating
that the proposed work will comply with all of the applicable rules
and regulations of all governmental agencies having jurisdiction over
the subject of the application, including, but not limited to, the
New York State Uniform Fire Prevention and Building Code and the State
Energy Conservation Construction Code.
[Amended 6-3-2008 by L.L. No. 7-2008]
(6)
Applications for building permits to construct
new buildings or additions to existing buildings shall be accompanied
by three copies of an accurate survey prepared by a licensed engineer
or land surveyor.
[Amended 6-3-2008 by L.L. No. 7-2008]
(7)
Where the construction or alteration for which
the building permit is sought will cost more than $10,000, or exceed
30,000 cubic feet, the plans and specifications required by this section
shall be prepared by, and bear the seal of, a registered architect
or a licensed professional engineer duly qualified to practice as
such in the State of New York.
B.
Action on the application.
(1)
An application for a building permit shall be
either granted or denied within 10 days after it is filed.
(2)
If a building permit is denied, the Building
Inspector shall state, in writing, the reasons for the denial.
(3)
If a building permit is issued, it shall show
on its face the use for which the permit is granted, any variances
granted by the Board of Appeals and any conditions imposed by the
Planning Board, Board of Appeals or Board of Trustees. The building
permit shall include the directive that the Building Department shall
be notified immediately in the event of changes occurring during construction.
[Amended 6-3-2008 by L.L. No. 7-2008]
(4)
Upon issuance of the building permit, the Building
Inspector shall return one approved copy of all submitted documents
to the applicant, appropriately endorsed, and forward one approved
copy to the Village Assessor. The applicant shall maintain one set
of the documents at the work site so as to be available for use by
the Building Inspector.
[Amended 6-3-2008 by L.L. No. 7-2008]
(5)
All work shall be performed in accordance with
the construction documents that were submitted with and accepted as
part of the application for the building permit. The building permit
shall contain such a directive.
[Added 6-3-2008 by L.L. No. 7-2008]
(6)
The building permit must be visibly displayed
at the work site and remain visible until the authorized work is completed.
[Added 6-3-2008 by L.L. No. 7-2008]
C.
Expiration and extension.
(1)
Subject to the provisions of Subsection C(3) below, a building permit shall automatically lapse and become null and void if construction, pursuant to the building permit, has not begun within 12 months after the issuance of the building permit or if construction is not completed within 24 months after the issuance of the building permit. Completion of construction shall mean that all conditions necessary for a certificate of occupancy or certificate of completion have been met.
[Amended 6-3-2008 by L.L. No. 7-2008]
(2)
If a building permit is rendered null and void pursuant to Subsection C(1) above, the owner of the property shall be required to remove all incomplete buildings and structures and to restore the property to its condition at the time the building permit was issued.
(3)
Upon written application, the Building Inspector
may, at his or her discretion, extend a building permit for not more
than a total of six months, where, in his or her opinion, there are
reasonable grounds for granting the extension.
D.
If the Building Inspector determines that a building
permit was issued in error or that it was issued on the basis of incorrect,
inaccurate or incomplete information, or that the work for which a
building permit was issued violates this chapter or the Uniform Code
or the Energy Code, the Building Inspector shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that:
[Added 6-3-2008 by L.L. No. 7-2008[2]]
E.
Revocation. Where the Building Board finds that a building permit has been improperly or unlawfully issued by the Building Inspector, the Building Board may revoke the permit. The fact that the permit is null and void pursuant to §§ 295-98 or Subsection C of this section, or pursuant to some other provisions of law, shall not affect the Building Board's power of revocation.
F.
Certified plot plan. Upon completion of the footings
of a building, accessory building or pool, the owner of the property
or an authorized agent may be required by the Building Inspector to
submit a certified plot plan, prepared by an engineer or land surveyor
licensed to practice in the State of New York, showing the location
of those footings on the lot. No building, accessory building or pool
shall thereafter be constructed above those footings until the plot
plan survey has been approved by the Building Inspector as complying
with the applicable provisions of this chapter.
[Added 6-3-2008 by L.L. No. 7-2008]
A.
Work shall remain accessible and exposed until inspected and accepted by the Building Inspector, the Fire Inspector, or their designees. The permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B.
The Building Inspector, Fire Inspector, or their designees
shall inspect the following elements of the construction process where
applicable:
(1)
Work site prior to the issuance of a building
permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and
rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys,
flues or gas vents;
(9)
Compliance with the State Energy Conservation
Construction Code; and
(10)
A final inspection after all work authorized
by the building permit has been completed.
C.
After inspection, the work or a portion thereof shall
be noted as satisfactory as completed, or the permit holder shall
be notified as to where the work fails to comply with this chapter,
the New York State Uniform Fire Prevention and Building Code or the
State Energy Conservation Construction Code. Work not in compliance
with any applicable provision of this chapter, the Uniform Code or
Energy Code shall remain exposed until such work shall have been brought
into compliance with all applicable provisions of such code, reinspected,
and found satisfactory as completed.
[Added 6-3-2008 by L.L. No. 7-2008]
A.
The Building Inspector and Fire Inspector are authorized
to issue stop-work orders pursuant to this section. A stop-work order
shall be issued to halt:
(1)
Any work that is determined by the Building
Inspector or the Fire Inspector to be contrary to any applicable provision
of this chapter, the New York State Uniform Fire Prevention and Building
Code, the State Energy Conservation Construction Code, or any other
applicable state or local law, without regard to whether such work
is or is not work for which a building permit is required, and without
regard to whether a building permit has or has not been issued for
such work; or
(2)
Any work that is being conducted in a dangerous
or unsafe manner in the opinion of the Building Inspector or Fire
Inspector, without regard to whether such work is or is not work for
which a building permit is required, and without regard to whether
a building permit has or has not been issued for such work; or
(3)
Any work for which a building permit is required
that is being performed without the required building permit, or under
a building permit that has become invalid, has expired, or has been
suspended or revoked.
B.
Stop-work orders shall be in writing, be dated and
signed by the Building Inspector or Fire Inspector, state the reason
or reasons for issuance, and if applicable, state the conditions that
must be satisfied before work will be permitted to resume.
C.
The Building Inspector or Fire Inspector shall cause
the stop-work order, or a copy thereof, to be served personally or
by certified mail on the owner of the affected property, the permit
holder, or the person responsible for the work at the job site. The
Building Inspector or Fire Inspector shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
certified mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the stop-work
order.
D.
Upon the issuance of a stop-work order, the owner
of the affected property, the permit holder and any other person performing,
taking part in or assisting in the work shall immediately cease all
work that is the subject of the stop-work order.
E.
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under this chapter or under any other applicable local law or New York State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
[Amended 2-1-2005 by L.L. No. 2-2005; 6-3-2008 by L.L. No. 7-2008]
A.
Requirement of certificate of occupancy or certificate
of completion; effect.
[Amended 11-16-2010 by L.L. No. 8-2010]
(1)
A
certificate of occupancy shall be deemed to authorize, and is required
for, initial, continued and changed occupancy and use of the building,
structure or land to which it applies.
(2)
A
certificate of occupancy or a certificate of completion shall be required
for any work that is the subject of a building permit or that requires
Architectural Review Board approval.
(3)
The
certificate of occupancy or certificate of completion shall continue
in effect as long as the building, structure or land, and the use
thereof, remain in full compliance with this chapter; with the requirements
and conditions of any site plan approvals, variances, special use
permits, and Architectural Review Board approvals; and with all the
other applicable laws, including, without limitation, any applicable
building, plumbing and electrical codes.
(4)
Upon
the service of notice by the Building Inspector that any building,
structure or land, or any use thereof, violates the provisions of
this chapter or any other applicable law, including the New York State
Uniform Fire Prevention and Building Code and the State Energy Conservation
Construction Code, the certificate of occupancy or certificate of
completion for that building, structure, land or use shall immediately
become null and void.
B.
Applications. All applications for certificates of occupancy and certificates of completion shall comply with the requirements of this chapter, the New York State Uniform Fire Prevention and Building Code, and the State Energy Conservation Construction Code, shall be made in writing on official Village forms and shall be filed with the Village Manager, and shall be accompanied by a fee in an amount set by the Board of Trustees pursuant to § 295-152 of this chapter.
C.
Action on the application.
(1)
Within 10 business days after an application
for a certificate of occupancy or certificate of completion has been
filed, the Building Inspector shall make all inspections necessary
to ensure that the building, structure, premises or use for which
the certificate is sought complies with this chapter, the New York
State Uniform Fire Prevention and Building Code, the State Energy
Conservation Construction Code, and all other applicable chapters
of the Hastings-on-Hudson Code.
(2)
Within five business days after the Building
Inspector has completed those inspections, the Village Manager shall
either issue the certificate of occupancy or certificate of completion
or deny the application and shall forthwith notify the applicant,
in writing, of the Village Manager's decision. That notification shall
either be delivered personally or sent by certified mail, return receipt
requested, or any other method of delivery providing proof of delivery.
(3)
If the application is denied, the Village Manager
shall state, in writing, the reasons for the denial.
(4)
If the certificate of occupancy or certificate
of completion is issued, it shall state that the building, structure
or premises, or the relevant part thereof, and the proposed use thereof
are in complete conformity with this chapter, the New York State Uniform
Fire Prevention and Building Code, the State Energy Conservation Construction
Code, and all other applicable laws the enforcement of which the Village
is charged with.
D.
Pending violations. Certificates of occupancy shall
not be issued with regard to any building, structure or premises against
which there are pending violations of this chapter or of the applicable
building codes.
E.
Temporary certificates. Under such rules and regulations as may be established by the Board of Trustees, a temporary certificate of occupancy may be issued by the Village Manager for part of a building for a stated period, not to exceed six months, except as provided in § 295-51 above. In no event, however, shall a temporary certificate of occupancy be issued unless the Building Inspector determines:
F.
If it is determined that a certificate of completion,
certificate of occupancy or temporary certificate of occupancy was
issued in error or that it was issued on the basis of incorrect, inaccurate
or incomplete information, or for any other reason, and if the relevant
deficiencies are not corrected to the satisfaction of the Building
Inspector within such period of time as shall be specified by the
Village Manager, the Village Manager shall revoke or suspend such
certificate.
A.
Establishment and organization.
(1)
The Planning Board heretofore established pursuant
to Village Law is hereby continued with all powers and duties prescribed
by law, including this chapter.
(2)
The Planning Board shall continue to consist
of seven members appointed by the Village Manager for five-year terms.
The members of the Planning Board in office at the time this chapter
takes effect shall continue in office until the end of the term for
which they are appointed and until their successors have been appointed
and have been duly qualified.
(3)
The Village Manager shall appoint one member
of the Planning Board as Chairperson. If the Village Manager fails
to do so, the Planning Board shall elect a Chairperson from its own
members.
(4)
All meetings of the Planning Board shall be
held at the call of the Chairperson and at such other times as the
Planning Board may determine. The Chairperson or, in his or her absence,
the Acting Chairperson may administer oaths and compel the attendance
of witnesses.
(5)
No person who is a member of the Board of Trustees
shall be eligible for membership on the Planning Board.
(6)
Any member of the Planning Board may be removed
by the Village Manager for cause and after a public hearing.
(7)
In the event of a vacancy in office, the Village
Manager shall appoint a successor who shall serve for the unexpired
term of the member whose place has become vacant.
(8)
No person shall be disqualified from serving
as a member of the Village Planning Board by reason of serving as
a member of the Town or County Planning Board.
B.
Powers and duties. The Planning Board shall have all
the powers and duties prescribed by law and by this chapter, including,
without limitation, the following:
(3)
The Planning Board shall have the power to issue accessory apartment permits in accordance with § 295-67D of this chapter.
[Added 6-15-1999 by L.L. No. 3-1999]
(4)
The Planning Board shall have the power to review and approve, approve with conditions or disapprove applications for special permits for personal wireless service facilities in accordance with § 295-85 of this chapter.
[Added 2-17-1998 by L.L. No. 1-1998]
(5)
The Planning Board shall have the power to make
such investigations, maps, reports and recommendations relating to
the planning and development of the Village as it deems desirable
and conduct public hearings in connection therewith, provided that
the total expenditures of the Planning Board shall not exceed the
appropriation for its expenses.
(6)
The Planning Board may prepare and change a
Comprehensive Master Plan for the development of the entire area of
the Village, which Master Plan shall show desirable streets, bridges
and transportation terminals and facilities and tunnels and the approaches
thereto, viaducts, parks, public reservations, roadway in parks, sites
for public buildings and structures, zoning districts, pierhead and
bulkhead lines, waterways and routes of public utilities and such
other features, existing and proposed, as will provide for the improvement
of the Village and its future growth, protection and development,
and will afford adequate facilities for the public housing, transportation,
distribution, comfort, convenience, public health, safety and general
welfare of its population.
(7)
The Planning Board may adopt rules and regulations
in respect to procedure before it and in respect to any subject matter
over which it has jurisdiction, after public hearing by the Planning
Board and subject to the approval of the Village Manager.
(8)
The Planning Board shall have the power to employ
experts, clerks and a secretary, and to pay for their services and
such other expenses as may be necessary and proper, not exceeding
in all the appropriation that may be made for the Planning Board.
(9)
The Planning Board may advertise and hold public
hearings when it desires.
