In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and as not interfering with, abrogating or annulling any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction or limitation upon the use of buildings, premises or lots or upon the height and size of buildings or requires larger yards or other open spaces than are imposed or required by existing provisions of law or ordinances or by easements, covenants or agreements, the provisions of this chapter shall control.
Before the construction or alteration of any building or any part of a building is commenced, the person causing such construction or alteration to be done or his agent or the architect or builder employed in connection with the proposed construction or alteration shall file, in the office of the Village Administrator, addressed to the Board of Trustees of the Village, an application for a permit to construct or alter. Such application shall contain a statement of the full name and residence of each of the persons having an interest as owner, tenant or otherwise and of the use to which the building is to be put and such other information as the Board of Trustees may require. Said application shall be in duplicate and shall be sworn to before a notary public or commissioner of deeds and shall be accompanied by such plans and drawings and such a diagram of the lot, showing the exact location of the existing and proposed buildings, as will enable the Building Inspector to determine whether the proposed construction or alteration and use conform to the provisions of this chapter.
Any person or his agent may file preliminary plans of a proposed building or structure prior to the filing of detailed plans therefor, and such plans may be tentatively approved subject to the submission and filing of the complete plans, drawings, diagrams and other data herein provided for.
All applications, statements, plans and detailed drawings required by this chapter shall be presented to and kept on file in the office of the Village Administrator.
Nothing in this chapter shall prohibit the filing of amendments to any application at any time before the completion of the work for which the permit was sought, and such amendments, after approval by the Building Inspector, shall be made part of the application and filed as such. Such amendments shall be made in the same form and manner as the original application and shall be accompanied by similar plans and drawings relative to the changes proposed. Nothing herein contained shall require the owner, lessee or occupant of any dwelling to make any application to the Board of Trustees for a permit to make ordinary repairs to buildings or structures.
No person other than the owner in fee of the land shall make any such construction or alteration without having first filed with the Board of Trustees a statement, in writing, accompanying the application to build or alter, which statement shall give the full name and residence of the owner of the land, building or proposed building, structure or proposed structure and shall recite that he is duly authorized to perform said work.
Upon filing an application for a building permit, the applicant shall pay to the Village the fee provided in Chapter A219, Fees, of this Code of the Village of Lawrence, which shall cover the issuance of a building permit and the issuance of a certificate of occupancy and which shall in no event be returned, in whole or in part.
All applications for a building permit shall be examined by the Building Inspector. He shall endorse thereon, or state in an accompanying memorandum. whether or not the application complies with the requirements of this chapter, Chapter 70, Building Construction and Fire Prevention, and other applicable ordinances or statutes.
The Building Inspector may also require the submission of such additional plans, information, soil or foundation tests and data as he may deem necessary in enabling him to act upon the application. All of such material shall be filed with and deemed part of the application.
In the case of an apartment house, a church or other place of worship, a school, a place of public assembly or other construction involving special problems or special consideration, the Board of Trustees may retain a special architect or engineer to examine the application and confer with the applicant's architect and submit his report thereon. The Building Inspector may act on the basis of such report and, meanwhile, may suspend action on the application.
If the Building Inspector determines that the application does not comply with the applicable requirements, he shall enumerate his objections and send a copy to the applicant.
When the Building Inspector has determined that the application complies with all of the applicable requirements, he shall approve the application and note his approval in the file. Such approval may cover the entire building or structure or may be limited to a portion thereof.
Every such approval shall, before a building permit is issued, be subject to review by the Board of Trustees, if the Board so desires, and, if the Board's determination differs from that of the Building Inspector, the approval of the Building Inspector shall be vacated and the matter remitted to the Building Inspector for such action as the Board may direct.
When the application has been approved by the Building Inspector or, in case of a review by the Board of Trustees, when the application has been reviewed by the Board of Trustees, a building permit shall be issued for the construction or work so approved.
Every building permit shall be issued by the Board of Trustees. The Board may, however, in particular cases or in particular classes of cases or generally, empower the Building Inspector or such other officer as the Board may designate to issue building permits in its name and on its behalf.
Where the permit covers only part of a building or structure, the issuance of such permit and the approval upon which such permit was based shall not prevent the Board of Trustees from refusing to approve the remainder of the building or structure, or any part thereof, when the plans and other data covering such remainder have been submitted.
Any building or other permit issued under the provisions of this chapter, under which no work is commenced within six months from the date of its issuance, shall expire by limitation. Any such permit may be revoked by the Board of Trustees if work thereunder is not completed within two years from the date thereof. Such times may be extended by the Village officer authorized to issue the permit, provided that no change has been made in this chapter or Chapter 70, Building Construction and Fire Prevention, or any other local law or other ordinance which would prevent the issuance of the permit if then applied for.
The Building Inspector may and ordinarily will require a placement survey after the foundation has been installed and, in such case. may require that the work be suspended until such placement survey has been furnished. The Building Inspector may also require such additional surveys or additional plans, information, soil or foundation tests and data during the progress of the work as he may deem necessary or helpful in order to determine compliance with the applicable requirements.
If the Building Inspector shall, at any time during the progress of the work, find and determine that the work does not comply with the requirements of this chapter or any other applicable ordinances or of the building permit issued, the Building Inspector may require that the work be stopped and may also require the applicant to remove and replace and correct any work which does not so conform. If the work shall be stopped, no further work shall be performed unless and until the Building Inspector or the Board of Trustees shall so direct.
Editor's Note: Former § 212-80, Review by Trustees of work stoppage, was repealed 6-14-2007 by L.L. No. 2-2007.
The Board of Trustees may also revoke any permit or approval issued under the provisions of this chapter in case the permit or approval is based on any false statement or any misrepresentation as to a material fact in the application.
In case of the expiration or revocation of a permit, the owner shall forthwith, on demand, restore the premises to their condition prior to the application for the permit, including the demolition of any construction and the filling in of the excavation to grade. In case of the failure of the owner so to do, the Village may do the work for the account of the owner, by contract or with Village workmen, and assess the cost thereof, including supervision, against the property.
It shall be the duty of the Administrator of the Village or such other person as may be designated by the Board of Trustees to issue a certificate of occupancy within 10 days after a request for the same shall be filed at his office by any owner of a building or premises, provided that the Building Inspector shall be satisfied that said building or premises or part thereof has been completed in accordance with, and the proposed use thereof conforms to, the approved plans and with all the requirements herein contained and provided that the architect, engineer or superintendent of construction in charge of the work shall certify that said building or premises or part thereof has been so completed and the proposed uses thereof are in conformity with the approved plans and with the provisions of this chapter and of Chapter 70, Building Construction and Fire Prevention. In the case of new construction and in any other case where the Building Inspector requires it, a placement survey shall be furnished before a certificate of occupancy is issued.
Under such rules all regulations may be established by the Board of Trustees, a temporary certificate of occupancy for a part of a building may be issued by the Administrator of the Village or such other person as may be designated by the Board of Trustees.
It shall be unlawful to construct or alter any building or structure or part thereof until the application and plans required by this chapter shall have been submitted to and shall have been approved by the Board of Trustees or by the person designated for such purpose by the Board of Trustees and a written permit therefor shall have been issued.
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter constructed or erected, changed or enlarged, wholly or partly, in its use or structure until a certificate of occupancy shall have been issued by the Administrator of the Village or by the person designated by the Board of Trustees for such purpose: provided, however, that, prior to the issuance of a permit authorizing a change or enlargement of an existing building, the owner of such building may occupy and use the same as formerly until the change or enlargement has been completed.
[Amended 9-11-2002 by L.L. No. 5-2002]
Any owner, lessee, tenant, general agent, architect, builder, contractor, subcontractor, workman, employee or any other person who knowingly commits, takes part in or assists in any offense against any provision of this chapter or who shall cause or permit any building or part thereof to be constructed, altered or used contrary to the plans and specifications filed under the provisions of this chapter and for which a building permit has been issued shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine up to a maximum of $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
Any owner, lessee, tenant, general agent, architect, builder, contractor, workman, employee, or any other person, who constructs or maintains any building or premises, in or upon which any violation of this chapter shall exist, shall forthwith remove the building or terminate the use which violates the provisions of this chapter and, in case of his failure to do so, shall be guilty of a violation of this chapter and shall be subject to the penalties provided in § 212-86 of this chapter.
Nothing in this chapter shall be deemed to affect any provision of Chapter 70, Building Construction and Fire Prevention, but the provisions of this chapter shall be deemed in addition to and not in substitution for the provisions thereof.
Any building permit issued prior to the effective date of this section for work that does not comply with this chapter shall continue in effect, but, in case no work under such permit should be commenced before it expires (i.e., before its original expiration date or the date to which it may have been extended by the Board of Trustees) or within three months after the date of the adoption of this section, whichever date is the earlier, such building permit shall expire by limitation; provided, however, that such expiration date may be extended by the Board of Trustees. If work under such a building permit has commenced prior to its expiration date as herein provided, such work may be carried out and completed, and a certificate of occupancy or certificate of compliance, as the case may be, shall be issued in the same manner as if amendments to this chapter had not been adopted. This section shall not affect any building permit issued for work that complies with this chapter.