A.
Without intending to specify each and every instance
in which a building permit is required, no person, firm or corporation
shall commence the erection, construction, enlargement, alteration,
removal, improvement, demolition, conversion or change in the nature
of the occupancy of any building, structure or land area or of any
platform, staging or flooring to be used for standing or seating purposes;
the addition or removal of any window or the change in size or shape
of an existing window; the replacement of an entire roof with a material
or color that is different from the existing roof; or painting the
exterior of all or a portion of any building or structure; or the
cutting or widening of any driveway so as to change its contour in
such a way as to provide, in width, for the parking of more than one
passenger automobile and/or in such a way as to diminish or reduce
the preexisting or existing lawn area and/or to permit any parking
of any kind or description, including but not limited to boats or
vehicles of any kind, on said lawn area or to diminish or curtail
the front or rear yards as free, open and unoccupied spaces with respect
to any structure; or the cutting or restoration of a curb; or the
removal of shrubs and trees from vacant lands; or the excavation or
stripping of land in connection, directly or indirectly, with the
preparation for construction or alteration of any structures; or the
installation or alteration of any plumbing system or central air-conditioning
system; or the removal of soil, sand or gravel from vacant land; the
movement, importation or removal of earth which raises or lowers the
existing elevation of the ground for any parcel, vacant or improved,
by one foot or more; or to erect a fence; or to engage in any other
activity or operation covered by this chapter, or cause the same to
be done, without first obtaining a separate building permit from the
Village for each such building, structure, activity or operation and
paying the requisite fee therefor.
[Amended 6-26-1979 by L.L. No. 4-1979; 9-8-1994 by L.L. No.
3-1994; 11-6-2014 by L.L. No. 3-2014]
B.
Ordinary repairs may be made to buildings or structures without a permit and without notice to the Building Inspector, but such repairs shall not be construed to include the cutting away of any wall or portion thereof; the removal or cutting of any beams or supports; the removal, change or closing of any stairway or required means of exit; any of the work or operations described in preceding Subsection A; or any work of any kind requiring a permit or approval under this chapter and/or the State Building Construction Code.
A.
Applications for building permits shall be made, in
triplicate, to the Village Clerk, on forms provided by the Village,
and shall contain the following information:
(1)
A description of the land on which the proposed work
is to be done.
(3)
The true value of the proposed work. Certification
of value by the applicant shall not be binding upon the Village.
(4)
The full names, addresses and telephone numbers of
the owner and applicant; the full names, addresses and telephone numbers
of the officers and stockholders, if either the owner or applicant
is a corporation; and the full name, address and telephone number
of the architect, engineer and/or builder employed in connection with
the proposed work.
(5)
A brief description of the nature of the proposed
work.
(7)
Such other information as may reasonably be required
by the Building Inspector or the Village.
B.
Applications shall be made by the owner or lessee,
or the agent of either, or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
[Amended 6-26-1979 by L.L. No. 4-1979]
C.
Any person, or his agent, may file preliminary plans
for a proposed building or structure, or for any other operation or
activity for which a permit is required, prior to the filing of detailed
plans therefor. Such preliminary plans may be tentatively approved
or denied, subject to the submission of the complete plans, specifications,
drawings and other data herein required. Such tentative approval or
denial shall not be deemed to affect, impede or limit the Village's
final, sole and exclusive right to make a determination affecting
said application.
[Amended 6-26-1979 by L.L. No. 4-1979]
D.
Plans and specifications.
(1)
Each application for a building permit shall be accompanied
by triplicate copies of a current survey with the seal of a licensed
surveyor and triplicate copies of plans and specifications, including
a plot plan and building plan, drawn to scale, stamped with the seal
of a licensed architect or a licensed professional engineer, showing:
[Amended 2-5-1991 by L.L. No. 1-1991]
(a)
The location and size of all existing structures,
including trees and shrubs, on the site.
(b)
Existing contour lines at intervals specified
by the Building Inspector.
(c)
The location and size of all proposed new construction,
and the proposed contour lines resulting from the removal or grading
of any soil, gravel or other material.
(d)
The nature and character of the work to be performed
and the materials to be incorporated.
(e)
Distances from lot lines, the relationship of
structures on adjoining properties and the widths and grades of adjoining
streets, walks and alleys.
(f)
Where required by the Building Inspector, Village
Clerk and/or Village Board, details of structural, mechanical and
electrical work, including computations, stress diagrams and other
essential technical data.
(2)
Plans and specifications shall bear the signature
of the person responsible for the design and drawings.
(3)
The Building Inspector, with the specific approval
of the Village Board, may waive any of the requirements set forth
above pertaining to the filing of plans.
E.
Payment of taxes or other moneys due Village; outstanding
violations.
[Amended 11-15-2011 by L.L. No. 3-2011]
(1)
No
application for a building permit of any kind shall be accepted, nor
shall a permit or certificate of occupancy or compliance be issued
unless there shall have been fully paid, as of the time of the application,
any and all Village taxes due, whether represented by unredeemed tax
sales certificates or otherwise, or assessments or liens of any kind,
together with interest and other lawful charges pertaining to such
taxes, assessments or lien, Village Court fines and/or any other charges,
penalties or other moneys due the Village. The certificate of the
Clerk-Treasurer and/or the Village records shall constitute prima
facie evidence of the correctness of the amount claimed to be due
the Village.
(2)
Outstanding
violations.
(a)
No application for a building permit of any kind shall be accepted, nor shall a permit or certificate of occupancy or compliance be issued except as set forth in Subsection E(2)(b) below unless any and all violations on the property have been rectified and any Village Court proceedings relating to such violations, including the payment of any fines or penalties, have been completed.
(b)
An application for a building permit may be accepted and a permit
or certificate of occupancy or compliance may be issued to rectify
an outstanding violation, provided that there is deposited with the
Clerk-Treasurer cash in the amount equal to the maximum fine that
could be imposed by the Village Court for such violation. In the event
that a fine is subsequently imposed for such violation, it shall be
deducted from the amount deposited and the balance remitted to the
depositor.
F.
Amendments to the application or to the plans and
specifications accompanying the same may be filed at any time prior
to the completion of the work for which a permit was granted and issued,
subject to the approval of the Building Inspector and/or the Village
Board. Such amendments, after they have been duly approved by the
Building Inspector and/or the Village Board, shall be deemed and made
a part of the original application and shall be filed as such. Such
amendments shall state the additional cost, if any, and any additional
fees required shall be paid.
A.
The Building Inspector shall examine, or cause to
be examined, all applications for permits and the plans, specifications
and documents filed therewith. He shall recommend to the Village Board,
within a reasonable time, the approval or disapproval of the application.
B.
A building permit shall not be issued for the construction,
erection or alteration of any building unless the street, road or
highway giving access to the proposed structure is suitably improved
and maintained to provide a safe, convenient and passable means of
ingress and egress to the premises for all private, public and emergency
vehicles. In the alternative, and in the discretion of the Village
Board, a performance bond sufficient to cover the full cost of the
improvement of such street, road or highway, as estimated and determined
by the Village Board, shall be furnished to the Village by the owner
or owners of the property to be improved as provided in § 7-736
of the Village Law, as the same may hereafter be amended, or as provided
in any law of similar purport or purpose.
C.
Upon approval of the application by the Village Board
and upon receipt of the fees specified therefor, and the moneys due
the Village, if any, the Village Board shall issue a building permit
to the applicant upon the form prescribed by the Village Board, which
permit shall be signed by the Building Inspector and Mayor or the
Village Board or its designee.
D.
Upon approval of the application, the three sets of
plans and specifications shall be endorsed with the word "approved."
Two sets of such approved plans and specifications shall be retained
in the office of the Village Clerk, and the other set shall be returned
to the applicant, together with the building permit if issued. The
building permit and an approved set of plans shall be kept at the
building site, open to inspection by the Building Inspector or the
Village Board's authorized representative at all times.
E.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations or the Zoning Ordinance,[1] the Building Inspector and/or the Village Board shall
disapprove the same.
F.
Every applicant, by applying for and accepting a permit
under this chapter and by performing or undertaking the performance
of the work covered by such permit, expressly agrees to protect, indemnify
and save harmless the Village and its officers, agents and employees
from any and all costs and expenses in relation thereto, including
reasonable counsel fees, in any way arising out of such work or activity
or of any act or default of the applicant and/or owner, with the same
full force and effect as if a formal indemnity agreement had been
executed and delivered by such applicant and/or owner to the Village.
A.
A building permit shall be effective to authorize
the commencement of work in accordance with the application, plans
and specifications on which it is based for a period of time as specified
herein. The permit will be deemed to have expired by operation of
law once the initial permit period expires. For good cause, the Village
Board may, without limitation, grant extensions for periods not exceeding
three months each. The following permit periods apply:
[Amended 7-19-2007 by L.L. No. 6-2007; 12-5-2019 by L.L. No. 15-2019]
(1)
New commercial and residential construction: 24 months.
(2)
Commercial and residential alterations: 12 months.
(3)
Commercial and residential renewal for uncompleted work: three months.
(4)
Residential addition: 18 months.
(5)
New plumbing, drainage, sprinkler or standpipe system: 24 months.
(6)
Extend or alter any existing plumbing, drainage, or vent stack: 12
months.
(7)
Plumbing renewal for uncompleted work: three months.
(8)
Miscellaneous, except temporary structures: six months.
(9)
Temporary structures: seven days and no renewals.
B.
The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building laws, ordinances or regulations. All work
shall conform to the approved application, plans and specifications,
except that no building permit shall be valid insofar as it authorizes
the performance of work or the use of materials which are not in accordance
with the requirements of the applicable building regulations.
C.
Notice that work is in progress under said building
permit shall be given, in writing, to the Village Clerk, stating the
date on which said work was commenced. Prior to substantial completion
of said work, a further notice, in writing, shall be given to the
Village Clerk, advising said Village Clerk that the particular job
is ready for inspection, preparatory to the issuance of a certificate
of occupancy or compliance.
[Amended 6-26-1979 by L.L. No. 4-1979; 6-4-1991 by L.L. No.
1991; 6-1-2006 by L.L. No. 3-20067-19-2007 by L.L. No. 6-2007; 3-1-2012 by L.L. No.
1-2012; 12-5-2019 by L.L. No. 15-2019]
A.
A fee schedule shall be established by resolution of the Board of Trustees. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected in connection with the issuance of permits under Article IV.
B.
All fees specified in the fee schedule shall be paid to and collected
by the Village Clerk simultaneously with the filing of any application.
The particular application shall not be deemed filed until said fees
shall be paid and until the other requirements of this chapter have
been complied with. No permits shall be issued by the Building Inspector
until such fees have been paid.
C.
Deposits, as set forth in the fee schedule, shall be paid at the
time an application is filed for the permits issued. Deposits shall
be applied, to the extent necessary, to the reimbursement of the Village
for any expenditures incurred in connections with the issuance of
building permits. Any remaining portion of the deposit not needed
to reimburse the Village will be returned to the applicant upon receipt
of a certificate of occupancy or certificate of completion.
D.
Before the issuance of a permit for all new construction or alterations involving the repair, replacement, alteration to an existing building or structure of 40% or more of its floor area or walls, for both residential and commercial properties, the applicant shall execute and file in the office of the Village Clerk a surety bond in the amount specified in the fee schedule, conditioned upon the performance of the work in accordance with the plan submitted under Article IV, and indemnifying the Village against any damage to Village property. In the event of a default, such bond shall be forfeited to the Village. In lieu of such surety bond, a cash deposit, letter of credit or negotiable securities may be deposited with the Village. Upon issuance of a certificate of occupancy or certificate of completion, such bond or cash deposit shall be released by the Village, less any indemnification costs.
E.
If the fee for any type of work for which a permit is required under
this chapter is not specified in the fee schedule, the Village Board
shall, in such case, determine and fix a reasonable fee therefor consistent
with the Village's cost of processing the application and approving
said work under the permit. If any of the specifically described work
for which a permit fee is required to be paid, as set forth in the
fee schedule, is included in an overall application for a building
permit, no separate application or fee shall be required under this
chapter.
F.
The payment of fees specified in the fee schedule shall not preclude
the payment of fees required under other provisions of the Village
Code or Village rules and regulations, or fees required to be paid
to any other governmental or quasi-governmental agency or any sewer
or water district having jurisdiction in the premises.
G.
The fees specified in the fee schedule shall not be refunded, except
when a permit has not been processed by the Village, and a written
request for a refund is submitted to and approved by the Board of
Trustees.
H.
Determination of value of work. The Building Inspector shall not
be bound by any statement of value contained in any application for
a permit. His determination of value shall be binding unless the applicant,
by proper documentation, i.e., bills, invoices, cost estimates, etc.,
establishes the fair value of the work to be done and the fee to be
charged. If there is any conflict as to the value or estimated cost,
the Building Inspector's finding shall prevail. The Building
Inspector may consider, among other things, the cost per square foot
of different types of construction in arriving at the value or estimated
cost of any work.
A.
In addition to any other remedies available to the
Village, the Building Inspector and/or the Village Board may revoke
a building permit theretofore issued in the following instances:
(1)
Where there has been any false statement or misrepresentation
as to a material fact in the application, plan or specifications on
which the building permit was based.
(2)
Where the building permit was issued in error and
should not have been issued in accordance with the applicable law,
or where said permit was issued in excess of the Building Inspector's
authority.
(3)
Where the work performed under the permit is not being
prosecuted in substantial accordance with the provisions of the application,
plans or specifications.
(4)
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop-work order issued by
the Building Inspector and/or Village Board.
B.
Except in cases of emergency, the existence of which
shall be determined by the Building Inspector, reasonable notice of
intended revocation shall be given to the permit holder or his representative
or agent.
