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 exiting 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 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 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.
[Amended 10-9-2007 by L.L. No. 11-2007; 3-10-2008 by L.L. No. 2-2008]
B. 
Exemptions.
(1) 
No building permit shall be required for ordinary repairs so long as such repair does not involve:
[Amended 10-16-2019 by L.L. No. 4-2019]
(a) 
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner that impacts egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire protection system for any period of time.
(2) 
Any such exemption is not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in this subsection shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
C. 
All building permits issued hereunder and hereafter shall expire automatically 12 months after the date of issuance. The Building Department shall be authorized, upon written request, to grant extensions of a building permit for no more than two successive periods of six months in duration each or to reinstate a lapsed building permit for good cause shown. Any building permit issued prior to the effective date of this subsection shall be deemed to have been issued on such effective date and shall be entitled to two successive renewals as provided above. The fee for such permit shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application which shall be in writing and shall be filed with the Building Superintendent. The form for such application shall be as prescribed by the Building Superintendent. After the expiration of the last of any applicable renewal periods, the applicant shall be required to pay a fee in the sum set forth in Chapter A142, Schedule of Fees, for new building permits.
[Added 10-9-2007 by L.L. No. 11-2007; amended 11-10-2008 by L.L. No. 12-2008]
A. 
An application for a building permit shall be made, in writing, on a form provided by the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. 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. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code, the Energy Code and any other laws, ordinances or regulations. At a minimum, the application shall be accompanied by the following information and documentation:
[Amended 10-16-2019 by L.L. No. 4-2019]
(1) 
A description of the proposed work;
(2) 
The tax map designation and the street address of the premises where the work is to be performed;
(3) 
The occupancy classification of any affected building or structure;
(4) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5) 
Sets of construction documents (drawings and/or specifications), as determined to be necessary by the Code Enforcement Officer, which shall include, at a minimum:
(a) 
Scope of the proposed work, in sufficient detail;
(b) 
Except where determined to be not necessary for the work scope, plans must be prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c) 
Substantiation that the work will comply with the Uniform Code and the Energy Code; and
(d) 
Where applicable, a site plan or survey that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, regarding authorization of applications, was repealed 10-16-2019 by L.L. No. 4-2019.
C. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C, regarding copies of applications, was repealed 10-16-2019 by L.L. No. 4-2019.
D. 
Compliance with other provisions.
[Added 10-16-2019 by L.L. No. 4-2019]
(1) 
An application for a building permit filed with the Code Enforcement Officer may be required to undergo one or more of the following review procedures, either at the direction of the Code Enforcement Officer or the election of the applicant:
(a) 
Review by the Code Enforcement Officer for compliance with the flood damage protection requirements of this chapter.[3]
[3]
Editor's Note: See Art. XVI of this chapter.
(b) 
Review by the Board of Architectural Review for compliance with the Architectural Design Review Law of the Incorporated Village of Sea Cliff.[4]
[4]
Editor's Note: See Ch. 38, Architectural Design Review.
(c) 
Review by the Planning Board for compliance with the Site Plan Review Law of the Incorporated Village of Sea Cliff.[5]
[5]
Editor's Note: See Ch. 107, Site Plan Review.
(d) 
Review by the Planning Board for compliance with the Subdivision Law of the Incorporated Village of Sea Cliff.[6]
[6]
Editor's Note: See Ch. 112, Subdivision of Land.
(e) 
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 the Zoning Law of the Incorporated Village of Sea Cliff.[7]
[7]
Editor's Note: See Ch. 138, Zoning.
(f) 
Review by the Zoning Board of Appeals pursuant to an application for a special permit under one or more of the provisions of the Zoning Law or any other provision of this Code.
(g) 
Review by the Board of Trustees pursuant to an application for a special permit under any provision of this Code.
(h) 
Review by the Nassau County Planning Commission pursuant to the General Municipal Law.[8]
[8]
Editor's Note: See General Municipal Law § 239-m.
(i) 
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 Code Enforcement Officer 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.
[Amended 10-16-2019 by L.L. No. 4-2019]
(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.
(4) 
For the assistance and information of applicants for building permits under this chapter and Code, the following sections, in diagrammatic form, indicate the steps which must be followed:
(a) 
Section 48-17, Procedure to be followed upon application for subdivision approval.
(b) 
Section 48-18, Procedure to be followed upon application for building permit.
E. 
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.
F. 
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 Code Enforcement Officer. Such amendments, after they have been duly approved by the Code Enforcement Officer, 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.
[Amended 10-16-2019 by L.L. No. 4-2019]
G. 
Consulting expenses/deposit requirements. Any expenses incurred by the Village or the Building Department for any consultant providing engineering, surveying, environmental or other similar expert advice shall be the financial responsibility of the applicant, to the extent such expenses are customary and reasonable. As determined by the Building Department, at the time of the submission of an application or submission of pre-application documents (and a request for Building Department review) or at such time as the Building Department, upon becoming aware of any such anticipated costs, determines, an applicant or requestor shall be required to deposit with the Village Clerk a sum as a reasonable estimate of those costs, as may be determined from time to time by the Board of Trustees. An applicant or requestor shall only be responsible for the costs that are actually and necessarily incurred by the Village in connection with the application. If the amount of the deposit is insufficient to cover the direct costs incurred by the Village or Building Department, the applicant or requestor shall, at such time as fixed by the Village Clerk, deposit with the Village an amount deemed sufficient to defray all such costs. Upon a determination that a deposit is required or that the then-on-hand deposit is insufficient, unless emergency or exigent circumstances exist as determined by the Building Department, the Building Department shall not further process the application or request until the required sum is deposited with the Village Clerk. If the amount deposited exceeds the actual costs actually and necessarily incurred by the Village, the unused portion of such deposit shall be returned to the applicant or requestor within 60 days after a certificate of occupancy or completion is issued or the application is withdrawn, whichever occurs first.
[Added 3-8-2021 by L.L. No. 1-2021]
A. 
The Code Enforcement Officer 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.
[Amended 10-16-2019 by L.L. No. 4-2019]
B. 
The Code Enforcement Officer 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.[1] In cases of subdivision development, streets shall be provided for and installed in accordance with the rules and regulations of the Planning Board.[2]
[Amended 10-16-2019 by L.L. No. 4-2019]
[1]
Editor's Note: See Village Law § 7-736.
[2]
Editor's Note: See Ch. A145, Rules and Regulations of the Planning Board.
C. 
The Code Enforcement Officer 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.
[Amended 10-16-2019 by L.L. No. 4-2019]
D. 
Upon approval of the application and upon receipt of the fees specified therefor and any other moneys due the Village, the Code Enforcement Officer 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.
[Amended 10-16-2019 by L.L. No. 4-2019]
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 Code Enforcement Officer, 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 Code Enforcement Officer or his authorized representative at all reasonable times.
[Amended 10-16-2019 by L.L. No. 4-2019]
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,[3] the Code Enforcement Officer shall disapprove the same in writing and shall return the plans and specifications to the applicant, together with the written disapproval.
[Amended 10-16-2019 by L.L. No. 4-2019]
[3]
Editor's Note: See Ch. 138, Zoning.
G. 
Every applicant, by applying for and accepting a permit under this chapter:
[Amended 10-16-2019 by L.L. No. 4-2019]
(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 Code Enforcement Officer, stating the date on which said work was commenced. Prior to substantial completion of said work, a further notice shall be given to the Code Enforcement Officer, advising that the particular job is ready for inspection preparatory to the issuance of a certificate of occupancy.
[Amended 10-16-2019 by L.L. No. 4-2019]
[Added 10-16-2019 by L.L. No. 4-2019]
A. 
No building or structure shall be demolished, in whole or in part, before a permit therefor is obtained from the Code Enforcement Officer upon an application, in writing, executed by the owner or a person authorized, in writing, by the owner, setting forth the full name and residence of each of the owners of the building or structure to be demolished, the name and business address of the person(s) doing the work and such other information with respect to the building or structure as the Code Enforcement Officer may require. Such application shall be submitted at least 72 hours before the work of demolition is to be commenced, except where waived by the Code Enforcement Officer and the Nassau County Health Department, at least 24 hours before starting the work.
B. 
Applications for demolition permits shall be subject to any requirements of the Nassau County Health Department.
C. 
Any demolition permit issued hereunder shall expire at the end of 30 days from the date of issuance.
D. 
In granting any demolition permit hereunder, the Code Enforcement Officer may impose reasonable conditions where necessary or appropriate to protect the public health, safety and general welfare.
[Added 12-13-2021 by L.L. No. 8-2021, effective 12-17-2022]
A. 
Purpose. The purpose of this section is to establish a notification procedure to residential property owners who may be impacted by a proposed construction project so that residents are made aware of the proposed work in a timely manner and can identify concerns with the building permit applicant prior to the commencement of construction.
B. 
Applicability. Except as provided herein, all building permit applications for demolition, new construction, alterations that expand the exterior dimensions of a building or create a new exterior structure, enlarge or relocate a parking or outdoor usable area, and changes of use, for properties i) used or proposed to be used entirely or partially for commercial purposes, whether or not located in a Business Zoning District, and ii) located within 150 feet of any property used for residential purposes, shall be subject to the notification procedures provided in this section.
C. 
Building Department determination. The Building Department shall determine whether a building permit application is subject to the notification requirements in this section.
D. 
Applicant submissions. If determined to be subject to the notification requirements, an applicant shall:
(1) 
Pay a fee, in an amount to be determined by resolution of the Board of Trustees, from time to time, to the Village for the Building Department's processing of the notification and preparation of a list of property owners entitled to notice, in accordance with this section; and
(2) 
Provide the name and contact information for a point of contact.
E. 
Written notice. The Building Department shall prepare a written notice describing the proposal and the contact information for the point of contact, which notice shall be mailed in accordance with Subsection G herein. The notice shall be provided to the applicant.
F. 
List of property owners. The Building Department shall prepare a list of property owners entitled to notice.
G. 
Mailing of notice. The notice, together with an eleven-inch-by-seventeen-inch set of plans, shall be mailed as follows:
(1) 
The applicant may deliver the notice and plans in prepaid envelopes for each property owner entitled to notice, to be sent by regular mail, to the Village Building Department for mailing; or
(2) 
The applicant shall mail the notice and plans, by certified mail, return receipt requested, to all property owners entitled to notice and provide the Village Building Department with an affidavit of mailing demonstrating that the notice and plans were so mailed to all property owners entitled to notice.
H. 
Building permit issuance. Upon the completion of mailing of notice, as provided in Subsection G herein, the Building Department may issue a building or demolition permit, as the case may be.
I. 
Owners entitled to notice. The required notice and plans shall be mailed to all property owners within 150 feet of the applicant's property.
J. 
Exemptions. The notice provisions shall not apply for building permit applications for projects that have been the subject of a duly noticed public hearing before the Zoning Board of Appeals or Planning Board, provided that the nature of the work for which the building permit application is required is both substantially included in the hearing notice and is the subject of the hearing.
[Added 11-4-2024 by L.L. No. 12-2024]
A. 
No person shall operate any construction equipment used in connection with the construction, building, assembling, erection, manufacturing, fabrication, demolition, repairing, renovating or remodeling of any above grade, at-grade or below grade building or structure, including any pavement, driveway, walkway or paved path ("construction work") except during the following hours: Monday through Friday: 8:00 a.m. to 5:00 p.m. Saturday: 9:00 a.m. to 5:00 p.m.
B. 
No construction work shall take place on Sundays or federal holidays.
C. 
The Board of Trustees may from time to time, by resolution, modify the construction work permitted hours.
A. 
The fee to file an application for a building or demolition permit and the fee for a building or demolition permit shall be set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application filed with the Code Enforcement Officer. 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.
[Amended 3-10-2008 by L.L. No. 4-2008; 10-16-2019 by L.L. No. 4-2019]
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 therefor consistent with the Village's cost of processing the application and approving said work under the permit.
C. 
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 building permit fee paid, provided that no construction shall have been commenced.
[Amended 3-10-2008 by L.L. No. 4-2008]
(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 Building Construction 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.
(4) 
No part of the fee paid to file an application for a building or demolition permit shall be refundable. If the building or demolition permit is issued, the fee paid to file the application for the building or demolition permit shall be applied toward the fee payable for the building permit or the demolition permit.
[Added 3-10-2008 by L.L. No. 4-2008]
D. 
Determination of value of work. The Code Enforcement Officer 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 Code Enforcement Officer, 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 Code Enforcement Officer's finding shall prevail. The Code Enforcement Officer 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.
[Amended 10-16-2019 by L.L. No. 4-2019]
[Amended 10-16-2019 by L.L. No. 4-2019]
If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that:
A. 
All work then completed is in compliance with all applicable provisions of the Uniform Code, the Energy Code, and all applicable laws, ordinances and regulations, and
B. 
All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code, the Energy Code, and all applicable laws, ordinances and regulations.