A.
Without intending to specify each and every instance in which a building or demolition permit is required, no person 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; or the cutting or widening of any driveway so as to increase the area thereof by more than 10% of the existing driveway area when such increase will diminish or reduce the existing lawn area or diminish or curtail any front, side or rear yard as free, open and unoccupied space; or the cutting or restoration of a curb; or the erection of a wall in excess of two feet in height from grade; or the installation of an on-site sanitary system; or for the underground discharge of stormwater; or the excavation or stripping of land; or the clearing of land by the removal of numerous trees or shrubs therefrom; or the installation of a central air-conditioning system; or the installation of a backup generator in a fixed location; or the removal of soil, sand or gravel from vacant land; or engage in any other activity or operation covered by this chapter, or cause the same to be done, without first obtaining a separate building or demolition permit from the Building Department for each such building, structure, activity or operation. The fee for and duration of such permit shall be as set forth in Chapter 125, Fees and Deposits. Such fee shall accompany each application, which shall be in writing and shall be filed with the Building Inspector. The form for such application shall be as prescribed by the Building Inspector.
B.
Ordinary repairs may be made to maintain 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 Uniform Code.
A.
Applications for building or demolition permits shall
be made to the Building Inspector, on forms provided by the Building
Department.
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.
C.
Compliance with other provisions.
(1)
An application for a building permit filed with the
Building Inspector may be required to undergo one or more of the following
review procedures, either at the direction of the Building Inspector
or the election of the applicant:
(a)
Review by the Building Inspector for compliance
with the flood damage protection requirements of this chapter.
(b)
Review by the Planning Board for compliance with the Chapter 210, Site Plan Review, of the Village Code.
(c)
Review by the Planning Board for compliance with Chapter 232, Subdivision of Land, of the Village Code.
(d)
Review by the Zoning Board of Appeals pursuant to an appeal by the applicant for a variance from one or more of the provisions of Chapter 275, Zoning, of the Village Code.
(e)
Review by the Board of Trustees pursuant to an application for a special permit under one or more of the provisions of Chapter 275, Zoning, of the Village Code.
(f)
Review by the Nassau County Planning Commission
pursuant to the General Municipal Law.
(g)
Review by the Nassau County Department of Health
regarding the method of waste disposal and water supply.
(2)
If such application for a building permit does indicate
that one or more of the above-stated review procedures is required
before a building permit can be issued, the Building Inspector shall
so advise the applicant, in writing, indicating which review procedures
his application shall be subject to and citing the chapters of this
Code or other law which pertain thereto. Depending on the type of
application for which a permit is sought, the applicant will be required
to comply with the provisions of one or more of such chapters or laws.
No building permit will be issued prior to such compliance and approval
by the cognizant review board.
(3)
If an applicant has received development permit, site
plan, variance, special permit or other approval pursuant to an application
for subdivision approval, he shall not be required to obtain such
approval again in connection with his application for a building permit,
provided that there have been no changes in any of the plans, facts
or representations upon which the site plan, variance, special permit
or other approval was granted.
D.
Payment of taxes or other moneys due Village. No application
for a building or demolition permit shall be accepted, nor shall a
permit or certificate of occupancy 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 sale certificates
or otherwise, or assessments or liens of any kind, together with interest
and other lawful charges pertaining to such taxes, assessments or
liens, and/or any other charges, penalties or other moneys due the
Village. The certificate of the Village Treasurer shall constitute
prima facie evidence of the correctness of the amount claimed to be
due the Village.
E.
Amendments. 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. Such
amendments, after they have been duly approved by the Building Inspector,
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 building or demolition permits and the
plans, specifications and documents filed therewith. He shall approve
or disapprove the application within a reasonable time.
B.
The Building Inspector shall not issue a building
permit for the construction, erection or alteration of any structure
unless there is a street giving access to the proposed structure which
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 Planning Board, a performance bond sufficient to cover the
full cost of the improvement of such street as estimated by the Planning
Board shall be furnished to the Village by the owner or owners of
the property to be improved, as provided in the Village Law. In cases
of subdivision development, streets shall be provided for and installed
in accordance with the rules and regulations of the Planning Board.
C.
The Building Inspector shall not issue a permit for
the demolition of any structure unless the applicant for such permit
files with his application a written certification from the Nassau
County Health Department that the structure to be demolished was inspected
by said Department and that no evidence of rodent infestation was
found at the time of such inspection.
D.
Upon approval of the application and upon receipt
of the fees specified therefor and any other moneys due the Village,
the Building Inspector shall issue a building or demolition permit
to the applicant upon the form prescribed therefor and shall affix
his signature or cause his signature to be affixed thereto.
E.
Upon approval of the application, each set of plans
and specifications shall be endorsed with the word "approved." One
set of such approved plans and specifications shall be retained in
the files of the Building Department and the other set shall be returned
to the applicant, together with the building permit if issued. The
building or demolition permit and an approved set of plans shall be
kept at the building site, open to inspection by the Building Inspector
or his authorized representative at all reasonable times.
F.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all requirements of the applicable building or
zoning regulations, the Building Inspector shall disapprove the same
in writing and shall return the plans and specifications to the applicant,
together with the written disapproval.
G.
Every applicant, by applying for and accepting a permit
under this chapter:
(1)
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.
(2)
Designates his agent, the person performing the work
or any person of suitable age and discretion at the work site as his
agent to receive stop-work orders and other notices and orders authorized
under this chapter to be served in the same manner as stop-work orders.
H.
The issuance of a building or demolition 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 or demolition 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.
I.
Notice that work is in progress under said building
or demolition permit shall be given to the Building Inspector, stating
the date on which said work was commenced. Prior to substantial completion
of said work, a further notice shall be given to the Building Inspector
advising that the particular job is ready for inspection preparatory
to the issuance of a certificate of occupancy.
A building or demolition permit shall be prominently
displayed on the premises while the work is being performed.
A.
The fee for a building or demolition permit shall be set forth in Chapter 125, Fees and Deposits. Such fee shall accompany each application filed with the Building Inspector. The application shall not be deemed filed and no permit shall be issued until said fees shall have been paid and all other pertinent requirements of this chapter complied with.
B.
If the fee for any type of work for which a permit
is required under this chapter is not specified above, the Village
Board shall, in such case, determine and fix a reasonable fee therefore
consistent with the Village's cost of processing the application and
approving said work under the permit.
C.
The fee for any permit or certificate required under
this chapter shall be twice the amount set forth in the Schedule of
Fees if a permit or certificate is issued after the work for which
the permit or certificate is sought has already been commenced and/or
is completed.
D.
Refund of fees.
(1)
In the event that an application for a building permit
shall not be approved, the applicant shall be entitled to a refund
of 50% of the fee paid, provided that no construction shall have been
commenced.
(2)
No fee or part thereof shall be refunded:
(a)
If construction work shall have been commenced
and the application shall not be approved.
(b)
After a building permit has been issued.
(c)
After abandonment of the project.
(d)
If a building permit is revoked.
(e)
If there is any willful violation of the provisions
of this chapter or the New York State Uniform Code.
(3)
In the event that an application for a demolition
permit shall not be approved, the applicant shall be entitled to a
full refund of the fee paid.
E.
Determination of value of work. The Building Inspector
shall not be bound by any statement of value contained in any application
for a building permit. His determination of value shall be binding
unless the applicant, by proper documentation, establishes, to the
satisfaction of the Building Inspector, 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.
The Building Inspector may revoke a building or demolition
permit in the following instances:
(1)
Where there has been any false statement or misrepresentation
as to a material fact in the application, plan or specification on
which the permit was based.
(2)
Where the permit was issued in error and should not
have been issued in accordance with the applicable law.
(3)
Where the work performed under the permit is not being
prosecuted in accordance with the provisions of the application, plans
or specifications.
(4)
Where the person to whom the permit has been issued
fails or refuses to comply with a stop-work order issued by the Building
Inspector.
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.
