[HISTORY: Adopted by the Board of Trustees of the Village of Asharoken
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-10-1954 by resolution]
A Building Department is hereby established in the Village of Asharoken
to consist of a Superintendent of Buildings, the Village Clerk and, if designated
by the Board, such other person or persons as the Board may deem advisable.
The Superintendent shall be a person who has had such professional or other
experience as the Board may require and shall be appointed for such a term
and at such compensation, if any, as may from time to time be fixed by the
Board.
[Amended 6-4-1990 by L.L. No. 2-1990]
The Board of Trustees, through and in conjunction with the Building
Department, shall have all of the powers set forth in Article 18 of the Executive
Law relating to the administration and enforcement of the State Uniform Fire
Prevention and Building Code, as well as those hereinafter set forth.
In the absence of the Superintendent of Buildings or in the case of
his inability to act, the Village Clerk shall act in his behalf and shall
exercise all of the powers herein conferred upon the Superintendent.
[Amended 9-3-1957; 9-4-1972; 6-4-1990
by L.L. No. 2-1990]
A.
No construction or alteration of any building or part
thereof or the excavation therefor shall be hereafter commenced until a building
permit has been issued by the Superintendent of Buildings. To obtain such
permit the owner or his authorized agent shall file and leave with the Village
Clerk the following:
(1)
An application, executed in four copies, on the form
prescribed by the Building Department and containing the information therein
requested.
(2)
(3)
A plat, in four copies, drawn to scale, showing the actual
dimensions of the lot to be built upon, the size of the building or part thereof
to be erected and the location of the building on the lot with distances from
boundaries and from any other building on the lot.
(4)
Such other information or documents, including the results
of material, construction, equipment or assembly tests, as may reasonably
be required by the Building Department to establish compliance of the proposed
work with the requirements of the State Uniform Fire Prevention and Building
Code and all Village ordinances and regulations.
(5)
Fees.
[Amended 2-6-1995 by L.L. No. 1-1995]
(a)
A fee based on the estimated value of the construction
or alteration, to be determined by the Superintendent of Buildings as follows:
|
Total Value of Work
|
Fee
| |
|---|---|---|
|
Up to and including $1,000.00
|
$100.00
| |
|
For each additional $1,000.00 or fraction exceeding $1,000.00
|
20.00
| |
|
For each amendment
|
100.00
|
(b)
Additional fee for construction or alteration without
a permit. The total fees for construction and alteration or the filing of
the applications for the same, done at any time prior to the issuance of the
appropriate permit and/or certificate, shall be three times the amount established
above.
(c)
All building permit application fees for the construction
of solar panels on residential buildings shall be waived.
[Added 10-1-2007 by L.L. No. 2-2007]
(6)
Proof of Department of Environmental Conservation, Department
of Health and any other required approvals.
B.
In addition, the Superintendent of Buildings may require, in his discretion, satisfactory assurance, by surety bond, cash deposit or otherwise, that a final survey prepared by a licensed surveyor showing the information specified in Subsection A(3) hereof will be furnished before the granting of a certificate of occupancy to the owner.
C.
The applicant is required to sign the permit when it
is issued.
[Added 2-6-1995 by L.L. No. 1-1995]
It shall be unlawful to remove, demolish or commence removal or demolition
of 50% or more of a building or structure without first filing with the Superintendent
of Buildings an application for a demolition permit, in writing, and obtaining
a formal permit.
A.
An application to demolish shall be executed in four
copies on the form prescribed by the Building Department and shall give the
full names and addresses of the owner, the applicant and the person who is
to do the work and the lot number, street number or description of the property.
A survey in quadruplicate shall accompany the application, clearly identifying
the building or structures to be removed and/or demolished.
B.
The work of demolition must be completed within four
months after the permit is issued. All debris must be cleared up and the cellar
hole filled in within one foot of grade.
C.
A fee in the amount of $250 shall be required for the
demolition of each structure.
[Added 2-6-1995 by L.L. No. 1-1995[1]]
The building and/or demolition permit shall be prominently displayed
on the job site at all times during the progress of construction, so as to
be readily seen from adjacent thoroughfares.
[Amended 1-4-1988 by L.L. No. 1-1983; 6-4-1990
by L.L. No. 2-1990]
The Superintendent of Buildings shall approve the application and issue
a building permit to the applicant if the Superintendent determines that the
proposed work as described in the application and other documents submitted
conforms to the State Uniform Fire Prevention and Building Code and all village
ordinances and regulations and if the required fees have been paid. In making
such determination and in the event that he finds that the proposed construction
is susceptible of a use other than as permitted under applicable provisions
of law, the Superintendent of Buildings may require the owner of the premises
to execute and record a covenant, in form acceptable to the Village Attorney,
regarding the use or uses to which the proposed structure may be put and may
expressly condition the validity of any building permit on receipt of proof
of recordation of such covenant; and receipt of such proof shall be a prerequisite
to the issuance of a certificate of occupancy as hereinafter provided. If
the application is not approved and no construction has been commenced, all
plans and specifications shall be returned to the applicant, together with
50% of the fees paid. The applicant should file all papers with the Village
Clerk not later than two weeks prior to the regular monthly meeting of the
Board of Trustees in order that his application may be discussed at such meeting.
[Added 6-4-1990 by L.L. No. 2-1990]
The Superintendent of Buildings may make inspections at any time during
the course of the work in order to ensure that the requirements of the State
Uniform Fire Prevention and Building Code are complied with.
[Amended 1-4-1988 by L.L. No. 1-1988]
A building permit shall be effective to authorize the commencing of
work in accordance with the application and other documents submitted only
for a period of one year after the date of issuance. A building permit may
be renewed for an additional second-year period upon the payment of 1/2 the
fee that had been paid at the issuance of the building permit, provided that
the applicant has commenced substantial construction and/or alteration of
the subject premises during the period provided hereinabove. Said permit can
be further extended for an additional third-year period upon the payment of
1/2 of the fee that had been paid at the issuance of the building permit.
At the expiration of three years from the original date of issuance of the
permit, said building permit shall expire and become null and void.
No building hereafter erected shall be used or occupied in whole or
in part, and no building hereafter altered shall continue to be used or occupied
for more than 30 days after the completion of such alteration, until a certificate
of occupancy shall have been issued therefor; provided, however, that the
Superintendent of Buildings may, at the request of the applicant, issue a
temporary certificate of occupancy for such time as the Superintendent may
prescribe if such temporary occupancy or use will not in any way jeopardize
life or property.
A.
Upon completion of the work, a final inspection thereof
shall be made by the Superintendent of Buildings. The Superintendent may require
the architect, engineer or superintendent of the work to file with the Department
an affidavit of compliance of the work with the approved plans and specifications
and with the State Uniform Fire Prevention and Building Code and all village
ordinances and regulations. If required by the Superintendent, the applicant
shall cause to be made a survey satisfactory to the Superintendent showing
the location of the building or part thereof erected on the lot.
[Amended 6-4-1990 by L.L. No. 2-1990]
B.
If it is determined by the Superintendent that the work
has been completed in accordance with the approved plans and specifications
and with such code and ordinances, the Superintendent shall issue a certificate
of occupancy. If it is found that the work has not been properly completed,
the Superintendent shall withhold the certificate of occupancy and shall order
the work so completed.
[Added 2-6-1984 by L.L. No. 2-1984]
A.
Change of occupancy/use. In the case of the change of
the nature of occupancy or of use in any building, existing or to be erected,
the owner or lessee must notify the Superintendent of Buildings before the
proposed change is made. The Superintendent of Buildings shall thereupon cause
an inspection to be made of the premises, and a certificate shall be issued
for such use. No new certificate shall be issued, nor shall the building be
occupied or used, unless it conforms or is made to conform to all requirements
for strength of floors to carry the proposed loads, for means of egress, for
light and air and for all other safety requirements of this Code. In an existing
building, no change of occupancy shall be made that would bring it under some
special provision of law, ordinance or regulation, unless the Superintendent
of Buildings finds, upon inspection, that such building conforms to the provisions
of law with respect to the proposed new occupancy and use and issues a certificate
of occupancy/use therefor.
B.
Notwithstanding the foregoing, in the event of change
in the nature of use of any building or premises and prior thereto, the owner
thereof must notify the Superintendent of Buildings, who may require the providing
of such proof as he deems necessary for him to determine the legality of the
proposed use. No such change in use shall be effected nor building or premises
used or occupied unless an appropriate certificate of occupancy/use has been
issued therefor. No such certificate of occupancy/use shall be issued unless
the Superintendent of Buildings shall determine that the proposed use conforms
in all respects to applicable laws and regulations, including without limitation
the Zoning Ordinance of the Village of Asharoken.[1]
[Added 2-2-1998 by L.L. No. 2-1998]
In the event that the village receives notice of a violation of this article or any part thereof or a violation of Chapter 125 of the Village Code, the New York State Uniform Fire Prevention and Building Code, the New York State Department of Environmental Conservation Rules and Regulations and/or the Federal Emergency Management Agency Rules and Regulations, the Building Inspector may, at his discretion, issue an order to remedy said violation to the property owner. Such order shall be served either personally or by certified mail, return receipt requested, and shall advise the property owner of the section of the Village Code allegedly violated. It shall further direct the property owner to remedy the condition within 30 days of the receipt of the order. Failure to remedy the condition will result in issuance of a violation pursuant to § 42-13.1 of the Code.
[Amended 3-3-1980 by L.L. No. 1-1980; 6-4-1990
by L.L. No. 2-1990; 2-2-1998 by L.L.
No. 2-1998]
Notwithstanding § 42-13, any violation of this article or any part thereof or any lawful order of the Superintendent of Buildings shall be punishable by a fine of not exceeding $250 for each offense. Each day that a violation continues shall be deemed a separate offense. This section shall not apply to violations of the provisions of the State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law.
Appropriate actions and proceeding may be taken at law or in equity
to prevent unlawful construction or alteration or to restrain, correct, abate
or remove such violation or to prevent illegal occupancy of a building, structure
or premises; and these remedies shall be in addition to the penalties prescribed
in the preceding section.
[Amended 6-4-1990 by L.L. No. 2-1990]
This article shall apply to all buildings and the construction and alteration
thereof which are within the scope of the State Uniform Fire Prevention and
Building Code.
[Amended 6-4-1990 by L.L. No. 2-1990]
The definitions contained in the State Uniform Fire Prevention and Building
Code shall apply to words used in this article.
[Adopted 9-4-1961 by resolution]
The village hereby assumes full responsibility for enforcing the provisions
of Article 17 of the Labor Law and the rules adopted thereunder.
