The provisions of this section apply to all the articles in this Part (Part
6) unless otherwise stated.
In issuing a decision, review boards are authorized by New York
State Village Law to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposal in the application.
In all cases, the burden is on the applicant to show that an
application complies with all applicable review or approval criteria.
Applications must address relevant review and decision-making criteria.
All persons desiring to undertake any new construction, structural alteration or change to the use of a building or lot shall apply with the Code Enforcement Officer for a building permit. No building or structure shall be erected, added to or structurally altered until a permit has been issued by the Code Enforcement Officer. No such building permit or certificate of occupancy shall be issued for any building where said construction, addition, alteration or use thereof would be in violation of any provision of this chapter. All applications for such permits shall be in accordance with the requirements of this chapter and the local law providing for the enforcement of the New York State Uniform Fire Prevention and Building Code (see also Chapter
38, Building Construction).
A. Application for a building permit. There shall be submitted
with all applications for building permits five copies of the layout
or plot plan, drawn to scale and showing the actual dimensions of
the lot to be built upon, the exact size and location on the lot of
the building and accessory buildings to be erected and such other
information as may be necessary to determine and provide for the proper
enforcement of this chapter. All applications shall be upon forms
provided by the Code Enforcement Officer.
B. Public records. One copy of such layout or plot plan shall
be returned when approved by the Code Enforcement Officer, together
with such permit, to the applicant upon the payment of a fee as indicated
in this article. The second copy, with a copy of each application
with accompanying plan, shall become a public record after a permit
is issued or denied.
C. Issuance of building permits. It shall be the duty of the
Code Enforcement Officer to issue a building permit, provided that
he or she is satisfied that the proposed structure, premises, and
use thereof conform to all requirements of this chapter and that all
other reviews and actions, if any, called for in this chapter have
been complied with and all necessary approvals have been secured therefor.
D. Posting of a permit. All building permits shall be issued
in duplicate and one copy shall be kept conspicuously on the premised
affected whenever construction work is being performed thereon and
shall be protected from the weather. No owner, contractor, workman
or other person shall perform any building operations of any kind
unless a building permit covering such operation is displayed as required
by this chapter, nor shall they perform building operations of any
kind after notification of the revocation of said building permit.
E. Denial of permits. When the Code Enforcement Officer is
not satisfied that the applicant's proposed development or use
will meet the requirements of this chapter, he shall refuse to issue
a building permit, and the applicant may appeal to the Zoning Board
of Appeals for a reversal of the Code Enforcement Officer's decision.
F. Expiration of building permit. A building permit shall
expire after one year if the applicant fails to implement his application
as filed with the Code Enforcement Officer.
G. Revocation of permits. If it shall appear, at any time,
to the Code Enforcement Officer that the application or accompanying
plan is in any material respect false or misleading or that work is
being done upon the premises differing materially from that called
for in the application filed with him under existing laws or ordinances,
he may forthwith revoke the building permit, whereupon it shall be
the duty of the person holding the same to surrender it and all copies
thereof to the Code Enforcement Officer. After the building permit
has been revoked, the Village Board, in its discretion, before issuing
the new building permit, may require the applicant to file an indemnity
bond in favor of the Village of Shortsville with sufficient surety
conditioned for compliance with this chapter and all building laws
and ordinances then in force and in a sum sufficient to cover the
cost of removing the building if it does not so comply.
H. Suspension or revocation of permits. The Code Enforcement
Officer may temporarily suspend a permit until such time as the Village
Board reviews the suspension. The Village Board, upon recommendation
of the Code Enforcement Officer, may suspend or revoke a development
permit issued in accordance with the provisions of this section where
it has found evidence that the applicant has not complied with any
or all terms or conditions of such permit, has exceeded the authority
granted in the permit or has failed to undertake the project in the
manner set forth in the application. The Village Board shall have
30 days from ratification by the Code Enforcement Officer to set forth
in writing its findings and reasons for revoking or suspending a permit
issued pursuant to this section and shall forward a copy of said findings
to the applicant.