[Amended 7-3-2008]
No person, firm or corporation shall commence
the erection, construction, enlargement, lateration, removal, improvement,
demolition, conversion or change in the nature of occupancy of any
building or structure or cause the same to be done without first obtaining
a separate building permit from the Building Department for each such
building or structure, except that no building permit shall be required
for the performance of ordinary repairs which are not structural in
nature.
A. In instances where the building exists, the site is
in conformity with a previously approved site plan (as determined
by the Building Inspector in coordination with the Director of Planning)
and a change of occupancy is occurring without structural changes
to the building, the following procedures shall be followed:
(1) If the new use is of the same type and intensity (i.e.,
office to office, sit-down restaurant to sit-down restaurant, etc.),
no Planning Board action will be required prior to the issuance of
a building permit and/or certificate of occupancy or tenancy. When
issuing the building permit and/or certificate of occupancy or tenancy,
the Building Inspector shall provide the owner with a copy of the
approved site plan for that location and obtain a signed receipt for
same from the owner and/or his agent.
(2) If the new use is not of the same type and intensity
(i.e., office to retail, sit-down restaurant to fast-food restaurant,
etc.), the new owner shall, if required by the Director of Planning,
appear before the Planning Department to arrange to appear before
the Planning Board to determine if a revised site plan approval will
be required prior to the issuance of a building permit and/or certificate
of occupancy or tenancy.
B. In instances where the building exists, the site is
not in conformity with a previously approved site plan and a change
of occupancy is occurring without exterior structural changes to the
building, a revised site plan approval shall be required prior to
the issuance of a building permit and/or certificate of occupancy.
C. In instances where the building exists, a change of
occupancy is occurring and exterior structural changes will be made
to the building, a revised site plan approval shall be required prior
to the issuance of a building permit and/or certificate of occupancy.
D. In instances where the building exists, no change
of occupancy is occurring and structural changes will be made to the
building, the new occupant shall appear before the Planning Board
to determine if a revised site plan approval will be required prior
to the issuance of a building permit and/or certificate of occupancy.
E. Site plan approval will be required for applications
normally approved by the Building Inspector but where the Building
Inspector has determined that, due to the nature of the action, the
application requires review and approval by the Planning Board.
Where any law, ordinance, rule or regulation
requires approval of any governmental agency before construction of
any work, the applicant shall provide proof of compliance with such
law, ordinance, rule or regulation before a building permit shall
be issued.
Upon issuance of the building permit, there
shall be paid such fees as may be established from time to time by
resolution of the Town Board.
The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
A. Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
B. Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
C. Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
D. Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building permit was issued or in an unsafe and dangerous manner, he
shall notify the owner of the property or the owner's agent or the
person performing the work to suspend all work, and any such persons
shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such order and notice shall
be in writing, shall state the conditions under which the work may
be resumed and may be served upon a person to whom it is directed
either by delivering it personally to him or by posting the same upon
a conspicuous portion of the building under construction and sending
a copy of the same by certified mail to the applicant or owner.
Any employee of the Building Department, upon
the showing of proper credentials and in the discharge of his duties,
may enter upon any building, structure or premises at any reasonable
hour, and no person shall interfere with or prevent such entry.
When, after final inspection, it is found that
the proposed work has been completed in accordance with the applicable
building laws, ordinances and regulations and also in accordance with
the application, plans and specifications filed in connection with
the issuance of the building permit, the Building Inspector shall
issue a certificate of occupancy upon the form provided by him. If
it is found that the proposed work has not been properly completed,
the Building Inspector shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable regulations. The certificate
shall state the use or uses to which the building or structure or
each of its several parts may be put.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of this code or other applicable building laws,
ordinances, rules or regulations, the Building Inspector may require
the same to be subjected to tests in order to furnish proof of such
compliance.