A.
Every application for a building permit made pursuant to this chapter
shall be made on forms provided by the Building Inspector. 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. 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, as appropriate to
the application:
(1)
A description of the location, nature, extent, and scope of the proposed
work;
(2)
The tax map number and the street address of any affected building
or structure;
(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)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Describe the location, nature, extent, and scope of the proposed
work;
(b)
Show that the proposed work will conform to the applicable provisions
of the codes;
(c)
Show the location, construction, size, and character of all
portions of the means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
Show structural information including, but not limited to, braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
(f)
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code;
(h)
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)
Evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including, but not limited to, the design
professional's seal which clearly and legibly shows both the design
professional's name and license number and is signed by the design
professional whose name appears on the seal in such a manner that
neither the name nor the number is obscured in any way, the design
professional's registration expiration date, the design professional's
firm name (if not a sole practitioner), and, if the documents are
submitted by a professional engineering firm and not a sole practitioner
professional engineer, the firm's certificate of authorization number.
B.
Construction documents. 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, or, in
the case of electronic media, an electronic marking. 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 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.
Building permits shall be visibly displayed at the work site
and shall remain visible until the authorized work has been completed
and the certificate of use and occupancy is issued.
The Building Inspector shall examine, or cause to be examined,
each application and any accompanying drawings and documents and shall
ascertain by such examination whether the construction indicated and
described is in compliance with the requirements of this chapter and
all other pertinent laws and ordinances. The Building Inspector may
require adequate details of structural, mechanical and electrical
work, including computations, stress diagrams or other essential technical
data, to be filed.
Amendments to an application or its accompanying drawings or
other documents shall be filed and approved before any work covered
by such amendment is commenced and shall be subject to the same review
and approval as the initial application, shall be deemed part of the
original application and shall be recorded therewith. Should an amendment
be so extensive as, in the opinion of the Building Inspector, to require
a new set of drawings, an entirely new application for a permit shall
be made.
All work shall conform to the approved application and accompanying
construction documents for which the permit has been issued, and such
work shall be located strictly in accordance with the approved plot
diagram.
An application for a building permit for any proposed work shall
be deemed to have been abandoned upon the lapse of 90 days after the
date of filing if not completed by the applicant unless a permit has
been issued before the expiration of that period. The Building Inspector
may grant, for reasonable cause, one or more extensions of time for
additional periods not exceeding 90 days each.
If the work described in an application for a building permit
and the drawings filed therewith conform to the requirements of this
chapter and all other applicable state and local laws and related
regulations, and if all fees and applicable bonds required pursuant
to this chapter have been paid or posted, the Building Inspector or
his/her designee shall issue a permit therefor to the applicant. The
signature of the Building Inspector shall be recorded on all approved
drawings and permits. The Building Inspector has the authority to
require inspections and certifications of structural elements by the
design professional of record as a condition of the permit.
One copy of the approved application with all accompanying drawings
and other documents shall be filed as a public record. One set of
the approved drawings and evidence of the issuance of a building permit
shall be kept at the site of the work.
In accordance with § 132-8B, applications filed under this chapter shall be void and of no effect after six months from the date of the filing of the application or, if Board of Architectural Review is required, six months from the date of the BAR approval, unless the work for the proposed application has actually commenced or the applicant has made continuous progress toward obtaining a permit and has not abandoned the application during that period. In instances where a permit has been issued, the permit shall be void and of no effect six months from the date of issuance, unless work authorized by said permit has actually commenced.
A.
If any application, BAR approval or permit becomes void or abandoned
as provided in this chapter, 1/2 of the fee paid for such building
permit, not including any special fee covering examination of plans
of a structure of complex design, shall be refunded to the person
who filed the application, provided that no work has been commenced
and an application for a refund is made within the six-month period
of the date of application, approval or the issuance of the permit,
whichever is later, but in no case shall refunds be made of fees based
on a construction cost of $5,000 or less.
B.
The above time period may be waived upon demonstration by the applicant
or permit holder of hardship at an informal hearing before a panel
made up of the Village Engineer, Planner and Building Inspector. Hardship
under this section is defined as convincing proof of severe financial
distress that negates the ability of the applicant or permit holder
to undertake the work and shall include, but is not limited to, that
resulting from mortgage foreclosure, loss of employment or catastrophic
illness.
C.
Notwithstanding any other provision of this chapter, permits shall expire two years from the date of issuance of the permit, unless the proposed work has been completed and a certificate of use and occupancy has been issued or such permit is extended by the Building Inspector pursuant to § 132-8B.
The Building Inspector may revoke a permit or approval granted
under the provisions of this chapter in case of a false statement
or misrepresentation of a material fact in the application or on the
drawings and an error of law or regulation. After the revocation of
a permit, it shall be unlawful to proceed with any construction work.
Any builder, owner or other person who does proceed with such work
shall be guilty of a violation of this chapter and subject to the
penalties provided herein, unless and until the permit shall have
been reinstated, in writing, by the Building Inspector. The Building
Inspector shall revoke the building permit until such time as the
permit holder demonstrates that:
B.
When an applicant for demolition has complied with the requirements specified in Chapter 182, Historic Preservation, of this Code in regard to the specific application process and a permit is issued for the demolition of a building or structure, all electric, water, sewer and other utility service connections shall be discontinued and sealed in accordance with the requirements of the Village authority having jurisdiction and the rules of the public utility company.
No permit for the relocation of a building or structure from
one lot to another lot shall be granted until at least three days'
written notice has been given by the applicant to the owners of wires
or other impediments, the temporary removal of which may be necessitated
by the proposed work.
Buildings, structures or any work performed subject to the provisions
of this chapter hereafter erected or constructed without a permit
shall be removed at the expense of the owner if ordered by the appropriate
court upon complaint brought by the Building Department.
No dereliction of duty, errors or oversight by the Building
Inspector shall legalize the erection, construction or alteration
of any building not in conformity with this chapter, and further,
compliance with the provisions of this chapter is strictly the obligation
and duty of the licensed design professionals that have prepared an
application and approve the related documents.
The building permit shall not be construed as a license to violate,
cancel or set aside any of the provisions of this chapter or of any
other statute or ordinance pertinent thereto, except such variations
as may be legally granted under the provisions of this chapter.
No building permit shall be issued to construct, alter, repair,
demolish or relocate, or change the use of a building or structure
until such fees, deposits and bonds as are required by this chapter
have been paid or filed, as appropriate.
A.
Upon making application for a building permit, the applicant shall
estimate the cost of the construction work and pay a fee based upon
this estimated cost of construction. Such fee shall be established
by resolution of the Board of Trustees. For purposes of the fee calculation,
the "estimated cost" shall mean the reasonable value, as determined
by the Building Inspector, of all services, labor, materials and use
of construction equipment necessary for prosecution of the work.
B.
The Building Inspector may, at any time, amend the estimated cost
of work to be performed under any permit. Before the issuance of a
certificate of use and occupancy, a final certification of cost must
be submitted by the applicant attesting to their final cost.
C.
To compensate for the additional expenses for subsequent reviews of plans, whenever a change in plans is initiated by an applicant following the approval of a building permit, the applicant shall pay a fee in addition to the fee provided for in § 132-38A above. Such fee shall be established by resolution of the Board of Trustees.
D.
To compensate for the additional administrative and inspection expenses incurred by the Building Department, for interior or exterior construction work commenced prior to the issuance of a building permit, the applicant shall pay a fee in addition to the fee provided for in § 132-38A above. Such fee shall be established by resolution of the Board of Trustees.
Before a building permit is issued by the Building Inspector,
the Village Engineer or designee shall, in cases where the work to
be performed is located on a lot abutting a public street, require
a monetary deposit to be submitted by the applicant for any potential
public property damage to the Village right-of-way, based upon the
frontage of the lot upon such street. The Village Engineer shall also
be authorized to charge a minimum, lump sum monetary deposit when
the proposed construction work is reasonably determined by the Village
Engineer to be of a minor disturbance along the street frontage of
the lot and/or the lot frontage to be disturbed is significantly less
than the entirety of the public street frontage for such lot.
A.
The amount of such deposits shall be established by resolution of
the Board of Trustees.
B.
The return of the deposit shall be processed by the Building Department
upon the filing of a refund application, provided that a final certificate
of use and occupancy has been issued for the referenced building permit(s)
and any and all repairs of damages to the street have been accomplished
to the satisfaction of the Village Engineer or designee.
C.
If such repairs have not been made within the ten-day period after
filing for a certificate of use and occupancy, the Village Engineer
shall cause the necessary repairs to be effectuated and the cost thereof
charged against the deposit. In such case, a balance of the original
deposit shall be returned to the applicant; any costs in excess of
the deposit shall be paid by the applicant before a certificate of
use and occupancy is issued.
A.
When any building or structure is proposed to be moved over, across
or through any street or public place, the applicant shall supplement
the required plans and application with satisfactory evidence that
arrangements have been made with the Village Engineer and all applicable
utility organizations for the work to be done and the route to be
followed.
B.
In conjunction with the plans and application cited in § 132-40A, the applicant shall deposit with the Village Engineer a bond in such amount as may be approved by the Village Engineer, in form satisfactory to the Village Attorney, conditioned upon payment for any damage to persons or property, caused directly or indirectly by such moving, and upon indemnifying the Village, its agents and employees harmless from claims growing out of such work and, further, conditioned on the faithful performance of the work in accordance with all applicable state and local laws and related regulations.
