[Amended 7-18-1996 by L.L. No. 5-1996]
A.
Except as hereinafter provided, no person, owner, builder, architect,
tenant, contractor, subcontractor, construction superintendent or
any of their agents or employees shall commence the construction,
enlargement, alteration, improvement, removal or demolition of any
building or structure or any portion thereof or install a solid-fuel-burning
heating apparatus, chimney or flue in any dwelling unit without first
having obtained a permit from the Department.
B.
No permit shall be required for necessary repairs which do not materially
affect structural features; but such repairs shall not be construed
to include the cutting away of any wall or any portion thereof, the
removal or cutting of any beams or supports or the removal, change
or closing of any stairway or required means of exit or any change
or modification which, in the judgment of the Department, affects
the structure or which, in the judgment of the Department, shall require
the issuance of a permit under the provisions of the New York Uniform
Code or this chapter.
C.
If the applicant or owner of a property is delinquent in real property
or ad valorem tax payments to the City of Yonkers or Westchester County
for the property on which the application is being made, a building
permit may be refused until the tax and all fees and interest have
been paid. This section shall not apply in instances when any governmental
agency has ordered such improvements in order to comply with applicable
law or regulations pertaining to public health or safety; or such
improvements are related to medical needs, such as ramps for access
for the physically disabled; or nonpayment.
[Added 2-26-2013 by L.L. No. 1-2013]
[Amended 7-18-1996 by L.L. No. 5-1996]
A.
Where practical difficulties or unnecessary hardship may result from
enforcement of the strict letter of any provision of the New York
Uniform Code, applications for variances to the New York Uniform Code
may be made to the regional Board of Review in accordance with all
applicable rules including 19 NYCRR 440 and 450, as promulgated and
amended by the New York State Department of State. The Department
shall maintain a copy of such rules and regulations for public inspection
and shall obtain and retain a copy of all decisions rendered by the
regional Board of Review pertaining to matters affecting the City
of Yonkers.
B.
Where practical difficulties or unnecessary hardship may result from
enforcement of the strict letter of any provision of this chapter
or any rule or regulation adopted by the Department and if such provision
is not also a requirement of the New York Uniform Code, applications
for variances consistent with the spirit of such provision may be
made to the Board of Appeals.
[Amended 7-18-1996 by L.L. No. 5-1996]
A.
If any structure or building that, by virtue of its occupancy, requires the provision of off-street parking spaces for 10 or more vehicles, as set forth in Chapter 43, Zoning, of the Code of the City of Yonkers, then, prior to the filing of an application for a building permit with the Department, preliminary plans and information shall be submitted to the Department as the Commissioner may reasonably require.
B.
Before commencement of any construction, alteration, repair, installation,
work or activity which requires issuance of a building permit pursuant
to the New York Uniform Code or this chapter, the owner or lessee
or agent of either or the architect, engineer or builder employed
by such owner or lessee shall apply to the Department for a building
permit. The application shall consist of a detailed statement, in
duplicate, under oath, on forms to be furnished to applicants by the
Department, which shall include at least the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owners of the building or the land upon
which a new structure is to be constructed.
(3)
An identification or the address of the building and the block and
lot number or legal description of the land on which the work is to
be done.
(4)
A description and location of all proposed and existing uses of the
land and of all proposed or existing buildings or structures.
(6)
The estimated cost of the proposed work and cubical content of the
proposed addition or construction.
(7)
A statement that all work shall be performed in compliance with the
New York Uniform Code, all provisions of the Yonkers Fire and Building
Code and all applicable statutes, laws, codes, ordinances, rules and
regulations.
(8)
A detailed description of the proposed work.
(9)
The name of a registered architect or professional engineer who is
the designer of the proposed work.
(10)
The name of a competent superintendent of 10 years' experience
in construction or a registered architect or professional engineer,
who may also be the designer, under whose supervision the work shall
be carried out.
C.
The statement shall be accompanied by the required fee and such plans
and structural detail drawings of the proposed work as may be required
by the Department of Housing and Buildings.
D.
No change from the original plans and specifications shall be made
as to any matter covered by the New York Uniform Code or this chapter
without the prior written consent of both the designer named in the
application for the building permit and the Department. The Department
shall be notified of any change in designer or construction superintendent.
E.
The application for a building permit and its accompanying documents
shall contain sufficient information to permit a determination that
the intended work conforms to all applicable requirements. The applicant
shall furnish any additional information required by the Department.
F.
The application shall be accompanied by such documents, drawings,
plans and specifications as the applicant shall deem adequate and
appropriate for compliance or as the Department may require as being
necessary or appropriate.
G.
When required by the Commissioner, any plans or specifications which
comprise a portion of the application, including any submitted subsequently,
shall be stamped with the seal of an architect or professional engineer
licensed in New York and shall in all respects comply with § 7209
of the Education Law, as amended.
H.
All surveys submitted to the Department shall be stamped with the
seal of a surveyor licensed in New York and shall in all respects
comply with § 7209 of the Education Law, as amended.
[Amended 6-11-1991 by L.L. No. 5-1991; 7-18-1996 by L.L. No.
6-1996; 5-10-2005 by L.L. No. 3-2005; 6-20-2009 by L.L. No.
3-2009; 11-26-2013 by L.L. No. 8-2013; 5-12-2015 by L.L. No. 7-2015; 5-14-2019 by L.L. No. 5-2019]
A.
Fees for building permits for alterations, decks, new structures without enclosing walls and roof, fees authorized in § 56-67 and fees for any other structure or work for which a building permit is required and no permit fee is otherwise established in this chapter, for new buildings and additions and the demolition of structures shall be based on estimated cost of construction or demolition and shall be as follows:
(1)
For one- and two-family dwellings, $125 filing fee plus $15 per each
$1,000 of the estimated cost of construction or demolition or part
thereof up to $1,000,000 and $12 per $1,000 or part thereof for $1,000,000
or greater.
(2)
For all other permits, $250 filing fee plus $15 per each $1,000 of
the estimated cost of construction or demolition or part thereof up
to $1,000,000 and $12 per $1,000 or part thereof for $1,000,000 or
greater.
C.
Amendments to building permit. The filing fee for any amendment or
change to the original approval of any plan shall be $125 for one-
and two-family dwellings and $250 for all other building permits.
In addition to the filing fee for amendment, a permit fee of $15 per
each $1,000 of estimated cost of construction or demolition or part
thereof up to $1,000,000 and $12 per $1,000 or part thereof for $1,000,000
or greater shall be assessed.
D.
Revision/resubmission fee for correction to building permit applications.
The resubmission re-review filing fee for any correction or additional
information required to be submitted prior to the approval of any
plan or application shall be $125 for one- and two-family dwellings
and all minor permits and $250 for all other building permits.
[Amended 6-11-1991 by L.L. No. 5-1991; 7-18-1996 by L.L. No.
6-1996; 5-10-2005 by L.L. No. 3-2005; 6-26-2012 by L.L. No.
11-2012; 5-12-2015 by L.L. No. 7-2015; 5-14-2019 by L.L. No. 5-2019]
A.
Fees for minor permits:
(1)
Mechanical equipment including furnaces, boilers, central or split
A/C systems: $150 plus $15 per $1,000 of cost.
(2)
Emergency back-up generators: $150 plus $15 per $1,000 of cost or
$15 per Kw, whichever is greater.
(3)
Oil tank: $150 per tank, installed or removed or closed in place.
(4)
Sheds: $150.
(5)
Aboveground pools: $150 plus $15 per $1,000 of estimated cost.
(6)
Fences: $100 filing fee plus $15 per $1,000 of estimated cost.
B.
The prescribed fee for the extension of existing approved building
permits shall be: $100 for one- and two-family dwellings, and $250
for all other permits, plus 1/24 of original building permit fee multiplied
by number of months extended, but in no case less than $500.
C.
The prescribed fee for the reinspection shall be $250 and each subsequent
reinspection shall be $500.
D.
The fee for an amendment to change contractor or change design professional
shall be $150.
E.
The fee for a certificate to operate an assembly occupancy with an
occupancy of 100 or more is $500.
[Added 11-23-1993 by L.L. No. 13-1993; amended 7-18-1996 by L.L. No.
5-1996; 7-18-1996 by L.L. No. 6-1996; 5-10-2005 by L.L. No.
3-2005; 6-26-2012 by L.L. No. 11-2012; 11-26-2013 by L.L. No.
8-2013]
B.
If an individual files an application with the Department of Housing
and Buildings to legalize work done on a property, or in a structure
or building on said property, where such work was performed without
the required permit(s), the individual shall pay a penalty of two
times the total permit fee otherwise due, for each permit required
including certificate of occupancy, in addition to the regular permit
fee(s) prescribed by this Code for work.
[Amended 5-14-2019 by L.L. No. 5-2019]
D.
Payment of the penalty required by this section shall not relieve
the applicant from compliance with the requirements of the Code of
the City of Yonkers, the New York State Uniform Fire Prevention and
Building Code and all other applicable statutes, laws, codes, ordinances,
rules and regulations or from imposed fines or penalties.
[Amended 7-18-1996 by L.L. No. 5-1996; 5-10-2005 by L.L. No.
3-2005]
A.
At the time of filing the plans with the Commissioner, 1/2 of the
total fee is to be paid, The remaining 1/2 of the total fee is to
be paid at the time of the issuance of the permit.
B.
Upon the filing of completed plans for the erection of a building, the Commissioner shall credit any fees paid in excess of $250 pursuant to § 56-24 for a partial building permit against the total cost of a building permit and/or certificate of occupancy. Any amount paid over and above the cost of a building permit and/or certificate of occupancy, as reduced by the credit authorized herein, shall be reimbursed to the permittee.
C.
Zoning review only: At the time of filing plans with the Commissioner,
1/4 of the total fee is to be paid for projects exceeding $10,000,000
in estimated cost. Upon zoning approval, and prior to plan review
for code compliance, an additional 1/4 of the total fee is paid. The
remaining balance is to be paid prior to the issuance of a permit.
[Added 11-26-2013 by L.L. No. 8-2013; amended 5-14-2019 by L.L. No. 5-2019]
[Amended 7-18-1996 by L.L. No. 5-1996]
If any construction, alteration, repair, installation, work
or activity which requires issuance of a building permit pursuant
to the New York Uniform Code or this chapter is to be undertaken by
any person other than the owner in fee of the land, such person intending
to undertake such activity shall submit to the Department, in addition
to the building permit application, a statement, in writing, under
oath, giving the full name and residence of each of the owners of
the land, building or proposed building, structure or proposed structure,
premises, wall, platform, staging or flooring and reciting that he
is duly authorized by the owner to perform such work. Such statement
authorizing the work shall be signed by the owner under oath and shall
be notarized.
[Amended 7-18-1996 by L.L. No. 6-1996; 5-10-2005 by L.L. No.
3-2005]
Amendments to any building permit or other permit application may be filed at any time before the completion of the work for which the permit was sought. If the amendment is approved, then it shall be made part of the application and permit and filed as such. A fee in accordance with the provisions § 56-18B may be imposed.
A.
It shall be unlawful to undertake any work for which a building permit
is required pursuant to the New York Uniform Code or this chapter
until the application, plans and other materials required by this
chapter and the New York Uniform Code have been submitted to and approved
by the Department and a written permit has been issued by the Department.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.
The Department shall approve or reject any application or plan or
amendment thereto filed with it pursuant to the provisions of this
chapter within a reasonable time and, if approved, shall promptly
issue a permit therefor.
[Amended 7-18-1996 by L.L. No. 5-1996]
C.
No application for a building permit shall be approved by the Department
until:
[Amended 7-18-1996 by L.L. No. 5-1996]
D.
All permits issued by the Department shall be issued subject to the
following express terms and conditions, a copy of which shall be contained
in such permit: "This permit is issued because of the owner's or applicant's
representation that the building or structure herein described shall
be built in accordance with the New York State Uniform Fire Prevention
and Building Code and the Yonkers Fire and Building Code, the Zoning
Law and all other laws, statutes, codes, rules, regulations and ordinances
affecting buildings or their use and that the statements contained
in the application or information required by the Department are true.
In the event that the building or structure is not built in accordance
with the New York Uniform Code, the Yonkers Fire and Building Code,
the Zoning Law and all other laws, statutes, codes, rules, regulations
and ordinances affecting buildings or their use or in the event that
any of the statements in the application are not true, then this permit
may be revoked."
[Amended 7-18-1996 by L.L. No. 5-1996]
E.
It shall be unlawful to engage in an asbestos project unless and
until satisfactory proof of compliance with Article 30 of the Labor
Law of the State of New York is filed with the Department.
[Amended 7-18-1996 by L.L. No. 5-1996]
F.
The permittee shall notify the Department of any changes in the information
contained in the application during the period for which the permit
is in effect.
[Amended 7-18-1996 by L.L. No. 5-1996]
G.
The authority and privileges conferred by a building permit may be
limited by conditions imposed by the Department. Conditions shall
be reasonable and set forth in writing in the building permit.
[Amended 7-18-1996 by L.L. No. 5-1996]
H.
A building permit issued pursuant to this chapter and the New York
Uniform Code shall be prominently displayed on the property or premises
to which it pertains.
[Amended 7-18-1996 by L.L. No. 5-1996]
The Department may issue a building permit for the construction
of part of a building or structure when plans and detailed statements
have been presented for the same before the entire plans and detailed
statements of said building or structure shall have been approved.
Nothing herein shall relieve an applicant of the obligation to comply
with the applicable requirements of this chapter and the New York
Uniform Code, including but not limited to the obligation to obtain
an excavation permit before commencing any excavation work.
[Amended 7-18-1996 by L.L. No. 5-1996]
Every permit issued by the Department under the provisions of
this chapter shall have the signature of such person as may be designated
by the Commissioner.
[Amended 7-18-1996 by L.L. No. 5-1996; 5-10-2005 by L.L. No.
3-2005]
A.
Any permit issued by the Department under the provisions of this
chapter shall expire, by limitation, within one year from the time
of issuance or upon issuance of a certificate of occupancy, other
than a temporary or partial certificate of occupancy, whichever occurs
first. However, in the event that the foundation is not completed
within three months from the time of issuance of a building permit
or partial building permit, the Commissioner may, in his discretion,
revoke the same.
B.
An expired permit may, upon written request, be renewed for successive
periods of 90 days to one year, at the discretion of the Commissioner,
provided that:
All work authorized by any permit issued pursuant to the New
York Uniform Code or this chapter shall be in accordance with the
approved detailed statement of specifications and plans and all other
documents submitted on behalf of the permittee for whom the permit
was issued or any approved amendment thereof. A certified copy of
the approved plans shall be kept at all times on the premises from
the commencement of work to the completion thereof.
[Amended 7-18-1996 by L.L. No. 5-1996]
The location of any new building or structure or of any extension
to an existing building or structure shown on the diagrams and drawings
filed pursuant to this chapter or on any approved amendment thereof
shall be strictly adhered to. It shall be unlawful to reduce or diminish
the area of any lot or plot, a diagram of which has been filed with
an application and has been used as the basis for a permit, unless
approved by the Department and unless the building or structure for
which the permit was issued complies in all respects with the requirements
for buildings or structures located on plots of such diminished area
in the New York Uniform Code, the Yonkers Fire and Building Code and
all other applicable ordinances and laws of the City of Yonkers. This
shall not apply to any case in which the lot area is reduced by reason
of any street opening or widening or other public improvement.
