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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
[1]
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.
A.
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.
B.
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.
