This chapter shall be enforced by the Building Inspector. No building permit or certificate of occupancy shall be granted by him for any purpose except in compliance with provisions of this chapter.
[Amended 8-4-2021 by L.L. No. 2-2021]
A. 
When required. A building permit shall be required prior to the erection, alteration, demolition, moving or addition to any building or structure. It shall be unlawful for any person to commence work requiring a building permit until such approval has been duly issued. One permit shall be required which shall cover the zoning requirements and any other building codes. No building permit shall be issued until site plan approval is granted if required by the Zoning Board of Appeals or until a variance and/or special permit, if needed, is issued by the Zoning Board of Appeals.
B. 
Application. Every application for a building permit shall be accompanied by an instrument survey map certified by a licensed surveyor and drawn to scale which shows the following:
(1) 
The lot upon which the building is proposed to be erected or on which it is situated if an existing building.
(2) 
Lot dimensions, lot number and subdivision name, if any.
(3) 
Names and widths of abutting roads or streets.
(4) 
Locations, dimensions and proposed use of the building for which the permit is sought and use of land in connection therewith.
(5) 
Setback measurements from front, side and rear lot lines in relation to the building for which the permit is sought and the distance of the proposed building from any existing building on the same lot.
(6) 
The location of the garage, septic tank and leaching beds, water well or source of water supply.
(7) 
Details of the means to be used to drain surface water from the lot indicating the location of drains.
(8) 
The elevation of the center line of the road or street upon which the proposed construction is to occur, certified to the nearest 1/10 of a foot, together with the proposed finished first floor elevation certified to the nearest 1/10 of a foot.
(9) 
North point and scale.
(10) 
The elevation of the proposed improvement(s).
(11) 
The elevation of the proposed basement.
(12) 
The classification of soils on the property, if soil is to be disturbed.
(13) 
The proposed stormwater management for the improvement(s).
(14) 
The location of all proposed utility services.
(15) 
The location of any driveway, or other method of ingress/egress, if permitted.
(16) 
The grading of the lot before, and after, any construction.
(17) 
The location of all sidewalks, existing and/or proposed, within the parcel to be improved.
(18) 
The location of all easements, existing and/or proposed, within the parcel to be improved.
(19) 
A stormwater pollution prevention plan (SWPPP), if required.
(20) 
The quantity of any fill material, and proposed storage location(s), if required.
(21) 
The location, and permitting authority approval, of any curb cuts.
(22) 
The location of any sewer laterals.
C. 
Review and action. No permit shall be issued until the Building Inspector has certified that the proposed application complies with the provisions of all applicable local laws and applicable codes. The application shall be reviewed by the Department of Public Works Superintendent and the Superintendent of Spencerport Municipal Electric and shall be subject to their approval, as required. The Building Inspector shall provide a permit card to be posted on the site, visible from the street and open to inspection the entire time of prosecution of the work.
D. 
Upon the completion of the construction of the footings or after the placement of precast concrete or wooden basement foundation walls, a certified survey confirming the basement floor elevation as being in compliance with the approved subdivision plan shall be submitted. No further construction shall occur until such time as the provisions of this article have been complied with.
E. 
Time limits. Building permits shall expire 12 months after the date of issuance. If the work for which a permit has been issued is not commenced within six months after the date of issuance or, if following commencement of such work, ceases for a period exceeding 90 days, or such longer period as the Building Inspector may authorize, in writing, due to the occurrence of conditions unforeseen at the time of issuance of the permit, the permit shall expire and a new permit shall be required before work is commenced or recommenced. A building permit which has become invalid or which expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee and approval of the application by the Building Inspector.
F. 
Refusal. If a permit is refused, the Building Inspector shall state such refusal, in writing, with the cause and shall mail notice of such refusal to the applicant. The applicant may then appeal the decision to the Zoning Board of Appeals.
G. 
Effect. The issuance of a permit shall in no case be construed as waiving any provision of this chapter.
H. 
Fees. The fee for a building permit shall be set by the Village Board of Trustees on an approved fee schedule. The fee for the building permit shall be determined by the proposed action comprising the building permit request. The fees shall include any fees incurred by the Village for consultants, and any additional fees incurred by the Village based upon the engagement of any consultant shall be paid upon billing to the applicant. No certificate of occupancy, or certificate of appropriateness, shall be issued until all fees have been paid by the applicant.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety or the general welfare. When the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the highest standards shall govern.
Upon the filing of an application for a building permit, single or multifamily subdivision review, industrial or commercial site plan review or a certificate of occupancy, fees shall be payable to the Village Treasurer in accordance with the schedule of fees which shall from time to time be fixed by resolution of the Village Board of Trustees. The applicant shall also pay to the Village Treasurer, for inspection and/or administrative engineering services rendered by or on behalf of the Village during construction, such fees as are from time to time fixed by resolution of the Board of Trustees.
A recreation fee shall be charged on a per-unit basis, as established from time to time by the Board of Trustees by resolution, and such fee shall be collected at the time the certificate of occupancy is granted.
A. 
The owner or general agent of a building or premises or land where a violation of any provisions of this chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises or land where such violation has been committed or shall exist; or the owner, general agent, lessee or tenant of any part of the building or premises or land in which such violation has been committed or shall exist; or the general agent or builder or any other person who commits, takes part or assists in any such violation or who maintains any building or premises or land, or any part thereof, in which any violation shall exist shall be guilty of an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
B. 
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. The complaint must be in writing and shall be filed with the Building Inspector, who shall promptly record the complaint, investigate and report thereon, in writing, to the Village Board, with a copy to the Zoning Board of Appeals.