Except as otherwise provided in § 74-5, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
A.
No building permit shall be required for work in any of the following
categories:
(1)
Construction or installation of one-story, detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for toolsheds and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 144
square feet (13.88 square meters);
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
(4)
Installation fences which are not part of an enclosure surrounding
a swimming pool;
(5)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(7)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8)
Installation of partitions or movable cases less than five feet nine
inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(10)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(11)
Replacement of any equipment provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(12)
Repairs, provided that such repairs do not involve:
(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 which affects 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.
Applications for a building permit shall be made in writing
on a form provided by or otherwise acceptable to the Building Inspector.
The application shall be signed by the owner of the property where
the work is to be performed or by an authorized agent of the owner.
The application shall include such information as the Building Inspector
deems sufficient to permit a determination by the Building Inspector
that the intended work complies with all applicable requirements of
the Uniform Code and the Energy Code. The application shall include
or be accompanied by the following information and documentation:
A.
A description of the proposed work;
B.
The Tax Map number and the street address of the premises where the
work is to be performed;
C.
The occupancy classification of any affected building or structure;
D.
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
E.
At least three sets of construction documents (drawings and/or specifications),
which:
(1)
Define the scope of the proposed work;
(2)
Are prepared by a New York State registered architect or licensed
professional engineer, where so required by the Education Law;
(3)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(4)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(5)
Where applicable, include a site plan 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.
Upon receipt, the Building Inspector will then transmit the
application to the Zoning Administrator, who will review the application
and, if required, refer the application to the Planning Board or Zoning
Board of Appeals for further action. If such referral is not required,
the Zoning Administrator will transmit the application back to the
Building Inspector and shall recommend issuance or denial of the building
permit.
Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in § 74-6E of this chapter. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. The third set of documents shall be filed in the Town of Washington Assessor's office.
A.
After transmittal back from the Zoning Administrator, the Building
Inspector shall examine an application for a building permit to ascertain
whether the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code. The Building Inspector shall
issue a building permit if the proposed work is in compliance with
the applicable requirements of the Uniform Code and Energy Code and
in compliance with applicable laws and regulations of the Town of
Washington.
B.
A building permit shall be issued by Building Inspector only when
the following conditions have been satisfied:
(2)
The proposal set forth in the application conforms to the use, area, bulk, and applicable overlay district, environmental protection district, and wetland regulations of Chapter 165, Zoning, unless a variance has been granted by the Zoning Board of Appeals.
(3)
All required reviews and actions have been complied with.
(4)
All necessary approvals have been secured.
(5)
Any public or private road or common driveway providing access to the proposed building has been suitably improved to the satisfaction of the Town Highway Superintendent or designated engineer to provide safe access as required by this chapter, Chapter 165, Zoning, and Chapter 137, Subdivision of Land.
(6)
All water supply and sewage disposal facilities conform to the Dutchess County Department of Health Regulations, the New York Public Health Law, any applicable regulations of the New York State Department of Environmental Conservation, and the requirements of Chapter 165, Zoning.
(7)
Where the building permit relates to a commercial, industrial, or office project, or a mobile home park, as such terms are defined in Chapter 165, Zoning, the building permit for any building or buildings, as the same shall be shown on the approved subdivision plat or site plan, shall be issued by the Building Inspector only when the following additional conditions have been satisfied:
(a)
All roads, sidewalks, curbs, and gutters, as the same shall
be shown on the approved subdivision plat or site plan, have been
installed and, if the same are to be dedicated to the Town, offered
to the Town for dedication and accepted by the Town.
(b)
All drainage easements, storm sewers, catch basins, and other
drainage facilities, as the same shall be shown on the approved subdivision
plat or site plan have been installed and, if the same are to be dedicated
to the Town, offered to the Town for dedication and accepted by the
Town.
(c)
All sanitary sewer lines, sewage disposal plants, water lines,
water plants, wells, or other sources of water supply, as the same
shall be shown on the approved subdivision plat or site plan, have
been installed and, if the same are to be dedicated to the Town, offered
to the Town for dedication and accepted by the Town.
(d)
All public or private recreational facilities, as shown on the
approved subdivision map or site plan, have been constructed, and
certificates of occupancy, to the extent that the same are required
for such facilities, have been issued.
(e)
At the discretion of the Town Board, and as an alternative to the completion of the improvements set forth in Subsection B(7)(a) through (d) above, a performance bond may be furnished to the Town by the owner, said bond to be sufficient to cover the full costs of said improvements, as estimated by the Planning Board or other appropriate Town departments designated by the Planning Board. The Town Board may require that such performance bond shall be issued by the owner with security acceptable to the Town Board as to form, sufficiency, and manner of execution. Such performance bond shall run for a term to be fixed by the Town Board, but in no case for a longer term that three years; provided, however, that the term of such performance bond may be extended by the Town Board with the consent of the parties thereto. In the event that any required improvements have not been installed as provided in this Subsection B(7)(e) within the term of such performance bond, the Town Board may thereupon declare the said performance bond to be in default and collect the sum payable thereunder and, upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such performance bond, but not exceeding in cost the amount of such proceeds.
If the Building Inspector is not satisfied that the applicant's proposed development will meet the requirements of this chapter or Chapter 165, Zoning, the Building Inspector shall refuse to issue a building permit. The applicant may appeal such a decision to the Zoning Board of Appeals.
Building permits shall be issued in duplicate and one copy shall
be posted conspicuously on the premises affected and shall remain
visible until the authorized work has been completed. No owner, contractor,
workman, or other person shall perform any site work or building construction
of any kind unless the required building permit is displayed.
All work shall be performed in accordance with the construction
documents which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Building
Inspector of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Building Inspector
determines that such change warrants a new or amended building permit,
such change shall not be made until and unless a new or amended building
permit reflecting such change is issued.
A.
A building permit shall expire six months from the date of issuance
if the applicant fails to commence the work in accordance with the
application as filed with the Building Inspector. For good cause shown,
the Building Inspector may allow a maximum of two extensions for periods
not exceeding three months each for the commencement of work.
B.
Building permits shall expire 12 months after the date of issuance.
For good cause shown, the Building Inspector may allow a maximum of
two extensions for periods not exceeding six months each for the completion
of work. A building permit which has become invalid or which has expired
pursuant to this section may be renewed upon application by the permit
holder, payment of the applicable fee, and approval of the application
by the Building Inspector.
If the Building Inspector determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code, the Energy Code, this chapter or Chapter 165, Zoning, or the work is being performed in an unsafe or dangerous manner, or that work is being done upon the premises in a way differing materially from that called for in the filed application, the Building Inspector shall revoke the building permit and issue a stop-work order pursuant to Article V of this chapter. Thereupon, it shall be the duty of the person holding the same to surrender the permit and all copies thereof to the Building Inspector. No owner, contractor, workman, or other person shall perform any building operation of any kind after the posting of said stop-work order and notification that a building permit has been revoked. The building permit shall not be reissued until such time as the permit holder demonstrates that:
