A.
General. No board, agency, officer or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure or for any use of land, building or structure that would not be in full compliance with the provisions of this chapter, except as permitted under Article IX of this chapter. Any permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
B.
Code Inspector. This chapter shall be enforced by the Code Inspector
and one or more Assistant Code Inspectors as deemed necessary, referred
to herein individually and collectively as the "Code Inspector," as
appointed by the Board of Trustees. It shall be the duty of the Code
Inspector and he is hereby empowered:
(1)
To inspect any building, structure or land to determine whether any
violations of this chapter have been committed or exist, whether or
not such building, structure or land is occupied, and whether or not
a certificate of occupancy or certificate of use has been issued.
[Amended 4-7-1987 by L.L. No. 5-1987]
(2)
To keep the Board of Trustees advised of all matters pertaining to
the enforcement of this chapter; to make and keep all records necessary
and appropriate to the office, including records of written complaints
of violation of this chapter and action taken on same.
(3)
The Code Inspector shall issue and post notices of violations, stop-work
orders, and revocations of certificates of occupancy and certificates
of use and shall order the remedying of any condition or omission
that is found to be in violation of this chapter. The Code Inspector
shall also have the power, right, and authority to issue an appearance
ticket, as the same is defined in Article 150 of the Criminal Procedure
Law of the State of New York, for the violation of any provision of
this chapter. In addition, by resolution, the Board of Trustees may
direct the Code Inspector to revoke such certificates of occupancy
and certificates of use, issue such stop-work orders, make such inspection
and reports, initiate and take such court proceedings and perform
all other actions as required by the Board of Trustees as may be necessary
to enforce this chapter or to invoke penalties for its violation.
C.
Building Inspector. This chapter and the Building Code shall be enforced
and administered by the Building Inspector and one or more Assistant
Building Inspectors as deemed necessary, referred to collectively
as the "Building Inspector," as appointed by the Board of Trustees.
It shall be the duty of the Building Inspector and he is hereby empowered:
[Amended 5-14-1985 by L.L. No. 2-1985; 4-7-1987 by L.L. No.
5-1987; 10-13-1999 by L.L. No. 1-1999]
(1)
To receive and review applications for building permits and to issue
building permits.
(2)
To receive and review applications for certificates of occupancy
and certificates of use and to issue certificates of occupancy and
certificates of use.
(3)
To inspect any building, structure or land to determine whether any
violations of this chapter have been committed or exist, whether or
not such building, structure or land is occupied, and whether or not
a certificate of occupancy or certificate of use has been issued.
(4)
To keep the Board of Trustees advised of all matters pertaining to
the enforcement of this chapter; to make and keep all records necessary
and appropriate to the office, including records of written complaints
of violation of this chapter and action taken on same.
(5)
The Building Inspector shall issue and post notices of violations,
stop-work orders, and revocations of building permits, certificates
of occupancy, and certificates of use and shall order the remedying
of any condition or omission that is found to be in violation of this
chapter. The Building Inspector shall also have the power, right,
and authority to issue an appearance ticket, as the same is defined
in Article 150 of the Criminal Procedure Law of the State of New York,
for the violation of any provision of this chapter. In addition, by
resolution, the Board of Trustees may direct the Building Inspector
to revoke such building permits, certificates of occupancy, and certificates
of use, issue such stop-work orders, make such inspection and reports,
initiate and take such court proceedings and perform all other actions
as required by the Board of Trustees as may be necessary to enforce
this chapter or to invoke penalties for its violation.[2]
D.
Building permits, certificates of occupancy and certificates of use
granted only in conformance with regulations.
[Amended 4-7-1987 by L.L. No. 5-1987]
(1)
No building permit, certificate of occupancy or certificate of use
shall be issued unless the proposed construction or use is in conformance
with all of the provisions of this chapter, the Building Code, any
approved site plan or subdivision plat, and all other applicable laws.
[Amended 10-12-1999 by L.L. No. 1-1999]
(2)
Whenever the Building Inspector or Code Inspector determines upon
reasonable grounds that work on any building, structure or lot is
being or has been conducted in violation of any of the provisions
of the Building Code, state or federal laws, building laws, ordinances,
local laws, regulations, rules or specifications of the Village of
Wesley Hills or other applicable laws or regulations, or the requirements
of any approved site plans, or subdivision plat, including required
drainage, grade or elevation plans, or not in conformity with the
provisions of any application, plans or specifications upon which
a building permit was issued, or that such work in being conducted
in a dangerous or unsafe manner, then the Building Inspector or Code
Inspector may notify the owner of the property, or the owner's agent
or the person performing the work to suspend such remaining work on
any building or structure which is or could be affected by the violation,
located within the plot or subdivision where the violation exists.
If work remains to be performed on such buildings or structures, such
persons shall forthwith stop such work and suspend all building activities
on the affected buildings or structures until the stop-work order
has been rescinded. Such stop-work 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 or structure under construction and sending a copy
of the same by registered mail. Any person aggrieved by such a stop-work
order may appeal to the Board of Appeals within 30 days to review
the same, and the Board of Appeals on such review may affirm, modify
or reverse the action of the Building or Code Inspector, as the facts
may warrant.[3]
(3)
Where the determination of violation concerns a building or structure for which a certificate of occupancy or certificate of use has already been issued, the Building Inspector or Code Inspector may revoke the certificate of occupancy in accordance with Subsection F(5) and may terminate the certificate of use in accordance with Subsection G(6). Upon such revocation or termination, the occupants shall then have a maximum period of 60 days in which to vacate the premises.
E.
Issuance of building permits.
(1)
A building permit is required for:
[Amended 10-12-1999 by L.L. No. 1-1999]
(2)
No building permit shall be required for:
[Added 10-12-1999 by L.L. No. 1-1999]
(a)
Ordinary repairs which do not materially affect structural features.
(b)
Accessory buildings and accessory structures having a floor
area of not more than 100 square feet, provided that they do not involve
the installation or extension of electrical systems, if they are accessory
to one-family dwellings.
(3)
Application.
(a)
Application for a building permit shall be made to the Building
Inspector on forms provided by him and shall contain the following
information:
[1]
A description, agreeing with the Tax Map of the Village of Wesley
Hills, of the land on which the proposed work is to be done;
[2]
A statement of the use or occupancy of all parts of the land and
of the building or structure;
[3]
The valuation of the proposed work;
[4]
The full name and address of the owner and of the applicant, including
the full names and addresses of each officer and director of any corporation
or each member of a partnership;
[5]
A brief description of the nature of the proposed work.
(b)
All applications shall be accompanied by two copies of the applicable
site plan, subdivision maps, drainage, grading and elevation plans
and all other documents, if required for the development of the plot,
building or structure.
(c)
Each application for a building permit shall be accompanied
by plans and specifications, including plot plans, as required, drawn
to scale, showing the location and size of all proposed new construction
and all existing structures on the site, the nature and character
of the work to be performed and the materials to be incorporated,
distance from plot lines, widths and grades of adjoining streets,
walks and alleys, details of structural, mechanical and electrical
work, including computations, stress diagrams and other essential
technical data. Such plans and specifications shall include, on the
plot plan or site plan, the proposed location of all underground facilities,
including gas service, electric service, sewer lines, drainage lines
(including routing of drainage from roof leaders and footing drains)
to a positive outlet, waterlines, sprinkler lines, telephone lines,
etc. The building plans shall include plans for mechanical services,
including gas, electric, water, heating and air conditioning. Plans
and specifications shall bear the signature of the person responsible
for the design and drawings, the architect's or engineer's signature,
seal, and New York State license number.
(d)
Applications shall be made by the owner or lessee, or 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.
(e)
Any amendment to the application or to the plans and specifications
accompanying same must be filed and approved by the Building Inspector,
and, if required, by the Planning Board, prior to the commencement
of the amended work, and such amendments shall comply with the provisions
of this chapter. The granting or refusal of such an amendment by the
Building Inspector shall be in writing and may be reviewed by appeal
to the Board of Appeals within 30 days after such determination is
filed in the office of the Building Inspector.
[Amended 9-12-2006 by L.L. No. 4-2006]
(4)
Approval or disapproval.
(a)
Issuance of building permit. The Building Inspector shall examine
or cause to be examined all applications for permits and the plans,
specifications and documents filed therewith. Within 20 days of receipt
of same, except where review by the Planning Board is required, he
shall approve or disapprove the permit. If the approval of the Planning
Board is required pursuant to the requirements of this chapter, the
Building Inspector shall refer the application to the Planning Board
for review under these regulations, with Planning Board approval required
prior to any issuance of a building permit. Where Planning Board approval
is required, the Building Inspector shall approve or disapprove the
permit within 10 days of the receipt of the Planning Board's written
approval. An appeal from the approval or disapproval of any application
shall be made to the Board of Appeals within 30 days after the determination
of the Building Inspector has been filed in the office of the Building
Inspector or endorsed on the building plans filed in said office.
Any final determination of disapproval shall be indicated in writing
and mailed to the applicant, together with the copies thereof filed
in the office of the Building Inspector. Upon approval of the applications
and upon receipt of the fees therefor, he shall issue a building permit
to the applicant upon the form prescribed by him and shall affix his
signature or cause his signature to be affixed thereto. Upon approval
of the application, both sets of plans and specifications shall be
endorsed with the word "approved."
[Amended 9-12-2006 by L.L. No. 4-2006]
(b)
One set of such approved plans and specifications shall be retained
in the files of the Building Inspector, and the other set shall be
returned to the applicant, together with the building permit, and
shall be kept at the building site and open to inspection by the Building
Inspector or his authorized representative at all reasonable times.
If the application, together with plans, specifications, and other
documents filed therewith, describe proposed work which does not conform
to all of the requirements of the applicable building regulations,
the Building Inspector shall disapprove the same and shall return
the plans and specifications to the applicant.[4]
(5)
Planning Board review. The Building Inspector shall promptly refer
to the Planning Board every application for a building permit for
a new dwelling within a subdivision containing four or more lots as
shown on a final subdivision plat approved by the Planning Board.
For each such referral, the following application procedure shall
be followed:
[Added 9-12-2006 by L.L. No. 4-2006]
(a)
The applicant shall submit preliminary architectural plans and
a rendering showing at least the location and dimensions of proposed
structures, exterior elevations, and materials to be used. A "rendering"
is hereby defined as an eye-level, front-view, three-dimensional perspective
drawing or sketch, made to approximate scale, of the structure and
driveway as it will be situated on the site with such landscaping
as the applicant intends to provide.
(b)
The applicant shall submit stamped envelopes addressed to each
of the owners of property within 500 feet of the perimeter of the
subject property. An affidavit shall be submitted by the applicant
declaring that the names and addresses of such adjacent property owners
are correct as within the knowledge of the applicant as shown on the
latest tax assessment roll.
(c)
The Planning Board shall conduct a public hearing on each such
referral. Such public hearing shall be held within 62 days of the
date a complete application is received by the Planning Board.
(d)
Notice of the public hearing shall be published once in the official newspaper at least 10 days prior to the date of such hearing. Notice shall also be sent at least 10 days prior to the date of such hearing to all property owners within 500 feet of the perimeter of the subject property, in the same manner as is required for zoning amendments changing the district classification of land, as set forth in § 230-78 of this chapter. The applicant shall cause signs to be posted on such property on each street frontage indicating the date and purpose of such hearing, at least 10 days prior to the date of the hearing. The costs of all such notice shall be paid by the applicant.
(e)
The Planning Board may disapprove any proposed construction
which it finds would adversely affect the desirability of the immediate
and neighboring areas by reason of any of the following:
[1]
Excessive dissimilarity or inappropriateness in relation to
any other structure existing or for which a permit has been issued,
or to any other structure included in the same permit application,
facing upon the same or intersecting street and within 500 feet of
the proposed new structure, in respect to one or more of the following
features: cubical content; gross floor area; building area or height
of roof; or other significant design features, such as materials or
style of architectural design.
[2]
Excessive similarity to any other structure existing or for
which a permit has been issued, or to any other structure included
in the same permit application, facing upon the same or intersecting
street and within 500 feet of the proposed new structure, in respect
to one or more of the following features of exterior design and appearance:
apparently identical front, side, or other elevations visible from
a street; substantially identical size and arrangement of either doors,
windows, porticos, or other openings or breaks in the elevation facing
the street, including reverse arrangement; or other significant identical
features of design, such as but not limited to material, roofline,
height, or design elements.
[3]
Incompatibility of the building with the site with respect to
the amount of grading required, treatment of exposed foundations,
and loss of existing vegetation.
(f)
In approving construction, the Planning Board may impose appropriate
conditions and safeguards designed to prevent adverse effects to the
desirability of the immediate and neighboring areas. Such conditions
may include appropriate landscaping or site grading in addition to
modifications to the form and materials of the proposed building.
(g)
The Planning Board shall restrict its consideration to a reasonable
and professional review of the proposal and plans, leaving full responsibility
for the design and development to the applicant. The Planning Board
shall not unduly restrict new or innovative building types, materials,
or methods. In its endeavor to improve the quality of design, the
Planning Board shall consider cost as one factor along with design
in its efforts to achieve the objectives of this chapter.
(h)
The Planning Board shall approve, approve with modifications, or disapprove the application within 31 days of the close of the public hearing. Planning Board approval, approval with modifications, or disapproval shall be in written form and shall include specific findings with respect to the standards contained in Subsection E(5)(e) of this section. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof shall be mailed to the applicant forthwith.
(i)
After approval of plans by the Planning Board, all construction
shall conform in every respect to the approved plans. No alteration,
modification, or amendment shall be made to the approved plans if
such alteration shall affect the exterior appearance of the proposed
structure in any respect, unless such alteration, modification, or
amendment shall have been approved by the Planning Board.
(j)
Any person aggrieved by an action of the Planning Board in approving
or disapproving an application before it under this section of this
chapter may take an appeal therefrom to the Board of Appeals.
(6)
Expiration and extensions. Every building permit shall expire by
limitation at the end of one year from the date issued. If construction
is not completed within said one-year period, the Building Inspector
may, for good cause shown, extend the building permit for a maximum
of two successive periods, each not to exceed one year.
[Amended 6-10-2014 by L.L. No. 4-2014]
(7)
Liability insurance. In the event any application for a building permit provides for construction or other activity involving operation of equipment, personnel or placement of materials which may hazard a public street, way, easement or public property, prior to the issuance of such building permit, the applicant shall present evidence of liability insurance saving the Village harmless in the amount of $1,000,000 per person and $3,000,000 per occurrence, in a form acceptable to the Village Attorney. Additionally, property damage insurance or other surety acceptable to the Village Attorney may be required where such construction or activity may damage public property, including but not limited to sidewalks, paving, signs or landscaping. In reviewing any application hereunder, the Building Inspector shall determine whether such hazard may exist by virtue of the nature of activity described in such application. Where, after a building permit has been issued without such liability insurance, it shall appear that such hazards are present, the Building Inspector may, on due notice given, require such insurance, and pursuant to § 230-36C(5) of this chapter may suspend such activity pending receipt of the required liability policy.[5]
(8)
Fees. Every application for a building permit pursuant to this chapter
and/or the Building Code shall be accompanied by a fee in accordance
with the Fee Schedule of the Village of Wesley Hills.
(9)
Inspections during construction. Work for which a building permit
has been issued hereunder shall be inspected for approval prior to
enclosing or covering any portion thereof and upon completion of each
stage of construction, including, but not limited to, building location,
site preparation, excavation, foundation, framing, superstructure,
electrical, plumbing, and heating and air conditioning. It shall be
the responsibility of the owner, applicant, or his agent to inform
the Building Inspector that the work is ready for inspection and to
schedule such inspection.
[Added 10-12-1999 by L.L. No. 1-1999]
F.
Issuance of certificates of occupancy.
(1)
When required.
(a)
No building or structure or portion thereof for which a building
permit is required shall be used or occupied in whole or in part until
a certificate of occupancy shall have been issued by the Building
Inspector.
[Amended 4-7-1987 by L.L. No. 5-1987]
(b)
No change shall be made in the use or type of occupancy of an
existing building or structure, or change in the use of land, except
to any use which is primarily agricultural, unless a certificate of
occupancy authorizing such change in use shall have been issued by
the Building Inspector. A change in use shall include a change in
the type or general class of goods or services sold.
(2)
Application and affidavit. The owner or his agent shall make application
for a certificate of occupancy. Accompanying this application, and
before the issuance of a certificate of occupancy, there shall be
filed with the Building Inspector:
(a)
A complete set of as-built drawings showing the as-built locations
of all the underground facilities and interior mechanical services.
These plans shall be signed and certified by a New York State licensed
architect or engineer; and
(b)
An affidavit of the owner or the registered architect or licensed
professional engineer who supervised the construction of the work,
or of the superintendent of construction who supervised the work,
and who, by reason of this experience, is qualified to superintend
the work for which the certificate of occupancy is sought. This affidavit
shall state that the deponent has examined the approved plans of the
structure for which a certificate of occupancy is sought, that the
structure has been erected in accordance with approved plans and,
as erected, complies with this chapter and the law governing building
construction, including all subdivision regulations and the requirements
of any approved subdivision, plat or site plan, except insofar as
variations therefrom have been legally authorized. Such variations
shall be specified in the affidavit.
(3)
Issuance of certificate. Before issuing a certificate of occupancy,
the Building Inspector shall examine or cause to be examined all buildings,
structures and sites for which an application has been filed for a
building permit to construct, enlarge, alter, repair, remove, demolish
or change the use or occupancy, and he may conduct such inspections
as he deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued. There shall
be maintained by the Building Inspector a record of all such examinations
and inspections, together with a record of findings of violations
of the law. However, any certificate of occupancy for the establishment
of any use of a building or land requiring a special permit as listed
in the Schedule of Use Regulations, and any other particular use requiring
the approval of the Planning Board, shall be issued only with the
authorization of the Planning Board. Every certificate of occupancy
for a use for which a special permit or variance has been granted
shall contain a detailed statement of such special permit or variance
and of the conditions to which the same is subject.
(4)
Fees. Every application for a certificate of occupancy shall be accompanied
by a fee as set forth in the Fee Schedule of the Village of Wesley
Hills.
(5)
Revocation. A certificate of occupancy shall be deemed to authorize,
and is required for, both initial and continued occupancy and use
of the building or land to which it applies and shall continue in
effect so long as such building or land is used for the use authorized
in the certificate of occupancy. If terms of such certificate of occupancy
are violated by the holder thereof, the Building Inspector or Code
Inspector may, by service of notice of violation, revoke such certificate
of occupancy, which order of revocation is, however, subject to review
by the Board of Appeals, by the holder thereof taking an appeal to
the Board of Appeals within 30 days of service of said order of termination.
(6)
Copies. Copies of every certificate of occupancy issued hereafter
shall be furnished, on request to the Planning Board or Board of Appeals,
and on the payment of the regular application fee therefor to any
other person. The Board of Trustees may by resolution fix the fees
required from the general public for copies of public documents under
this chapter.
G.
Issuance of certificates of use.
[Added 4-7-1987 by L.L. No. 5-1987]
(1)
When required.
(a)
In the NS District only, no building, structure or lot or portion
thereof shall be used or occupied in whole or in part until a certificate
of use shall have been issued by the Building Inspector.
(b)
In the NS District only, a change of use or change of occupancy
of a building, structure or lot or portion thereof shall also require
the issuance of a certificate of use.
(2)
Planning Board authorization. Every certificate of use required as
a result of a change of use shall be issued only with the authorization
of the Planning Board.
(3)
Procedure. A complete application, including a completed application form and fee, for a certificate of use shall be submitted. The Building Inspector shall examine all files pertaining to the building, structure or lot to identify any outstanding violations of the laws of the Village of Wesley Hills. If the premises for which the certificate of use is requested are located in or on a building, structure or lot for which any outstanding violation exists, the Building Inspector shall deny the application for a certificate of use. If no such violations exist, and only a change of occupancy is proposed, the Building Inspector shall approve the application. The determination by the Building Inspector to approve or deny the application shall be made within 10 days of receipt of a complete application. If no such violations exist and a change of use is proposed, the Building Inspector shall, within 10 days of receipt of a complete application, refer said application to the Planning Board for review under § 230-44A, Clause c.
(4)
Application forms. The owner or his agent shall make application
for a certificate of use on forms available from the Building Inspector.
(5)
Fees. Every application for a certificate of use shall be accompanied
by a fee set forth in the Fee Schedule of the Village of Wesley Hills.
(6)
Termination. A certificate of use shall be deemed to authorize, and
is required for, both initial and continued use of the building, structure,
lot, or portion thereof to which it applies and shall continue in
effect so long as there is no change in use or change in occupancy
affecting such building, structure or lot or portion thereof. If the
terms of such certificate of use are violated, the Building Inspector
or Code Inspector may, by service of notice of violation, terminate
such certificate of use.
A.
Penalties.
[Amended 3-11-1986 by L.L. No. 1-1986; 10-12-1999 by L.L. No.
1-1999]
(1)
Any person, as defined in this chapter, other than a corporation,
who shall violate any provision of this chapter or any other regulation
made under authority conferred thereby, or who shall build or alter
any structure or use any land in violation of any statement or plan
submitted and approved thereunder, or who shall knowingly assist therein,
shall be liable to either:
(2)
Any corporation which shall violate any provision of this chapter
or any other regulation made under authority conferred thereby, or
which shall build or alter any structure or use any land in violation
of any statement or plan submitted and approved thereunder, or which
shall knowingly assist therein, shall be liable to either:
(3)
Each week's continued violation shall constitute a separate and additional
violation, for which separate and additional fines and punishment
or civil penalties may be imposed and recovered.
(4)
In the event the penalty sought is within the monetary jurisdiction
of the Justice Court, as established in Article 18 of the Uniform
Justice Court Act, such action to recover such penalty may, as shall
be determined by the Village Attorney, be commenced as a small claim
pursuant to the provisions of Article 18 of the Uniform Justice Court
Act.
B.
Prevention. In case any land is used or structure is erected, constructed,
altered or maintained in violation of this chapter, any regulation
made pursuant thereto or any detailed statement or plan submitted
and approved thereunder, in addition to other lawful remedies, any
appropriate action or proceedings may be instituted to prevent such
unlawful use, erection, construction, alteration or maintenance, to
restrain, correct or abate such violation, to prevent the occupancy
of such structure or land or to prevent any illegal act, conduct,
business or use in or about such premises. Whenever the Building Inspector
or Code Inspector has reasonable grounds to believe that work on any
structure is being prosecuted in violation of the provisions of this
chapter, or not in conformity with any regulation made pursuant thereto
or not in compliance with any detailed statement or plan submitted
and approved thereunder, or in an unsafe and dangerous manner, he
may issue a stop-work order pursuant to the provisions of the Building
Code.
