[HISTORY: Promulgated by the Building Inspector
and approved by the Board of Trustees of the Village of Southampton 4-14-1978. Amendments
noted where applicable.]
A.
No person, firm or corporation shall commence the
erection, enlargement, alteration, improvement, conversion or change
in the nature of the occupancy of any building or structure, or cause
the same to be done, without first obtaining a separate building permit
from the Building Inspector for each such building or structure; except
that no building permit shall be required for the performance of ordinary
repairs which are not structural in nature.
B.
Application for a building permit shall be made to
the Building Inspector on forms provided by him and shall contain
the following information:
(1)
A description of the land on which the proposed work
is to be done.
(2)
A statement of the use or occupancy of all parts of
the land and the proposed building or structure.
(3)
The valuation of the proposed work.
(4)
The full name and address of the owner and of the
applicant, and the names and addresses of their responsible officers
if any of them are corporations, and the name and address of the owner's
authorized agent, if any.
(5)
A brief description of the nature of the proposed
work.
(6)
If the construction is to be in accordance with the
provisions of the State Building Construction Code, a statement that
the application is made for permission to construct in accordance
with the provisions of such code.
(7)
A statement that the applicant consents to permit the Building Inspector and any officer or employee of the Building Department to enter upon the premises without a search warrant in the manner prescribed in § A119-7 of this chapter.
(8)
Such other information as may reasonably be required
by the Building Inspector to establish compliance of the proposed
work with the requirements of the applicable building laws, ordinances,
rules and regulations.
C.
The application shall be signed by the owner or his
authorized agent.
D.
The application shall be made by the owner or by the agent, architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application; and the affidavit shall contain a statement that the owner authorizes the applicant to consent to permit the Building Inspector and any officer or employee of the Building Department to enter upon the premises without a search warrant in the manner prescribed in § A119-7 of this chapter.
E.
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan, drawn to scale, showing the location and size of all proposed
new construction and all existing structures on the site; the nature
and character of the work to be performed and the materials to be
incorporated; distance from lot lines; the relationship of structures
on adjoining property; widths and grades of adjoining streets, walks
and alleys; and, where required by the Building Inspector, details
of structural, mechanical and electrical work, including computations,
stress diagrams and other essential technical data; plans and specifications
shall bear the signature of the person responsible for the design
and drawings and, where required by § 7202 or 7302, as amended,
of Article 145 or 147 of the Education Law of the State of New York,
the seal of a licensed architect or a licensed professional engineer;
the Building Inspector may waive the requirements for filing plans
and specifications for minor alterations and issue a building permit
so stating.
F.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Building
Inspector and approval received from the Building Inspector prior
to the commencement of such change of work.
G.
No permit to construct any commercial building, any
residence in which the cost of construction shall exceed $500,000
or be in connection with the construction or renovation of an existing
dwelling at a cost exceeding $500,000 and construction of dwellings
in an approved subdivision by a developer shall be issued until the
application, plans, specifications and elevations for the dwellings,
on-site parking and site improvements shall have been reviewed by
the Village Engineer, and a schedule of minimum inspections shall
be prepared for such project, and the Building Inspector shall be
required to make such inspections during the course of the construction.
[Added 4-22-1986 by L.L. No. 3-1986]
A.
Upon the filing of an application for a building permit,
the following fees shall be payable:
[Amended 12-9-1988 by L.L. No. 8-1988; 5-23-1989 by L.L. No. 4-1989; 1-9-1998; 10-9-1998; 3-13-2003; 7-20-2004]
(1)
Residential new buildings and/or additions: For estimated
construction costs not exceeding an estimated cost of $100,000, 1.25%
of the estimated cost of construction and materials, but not less
than $250; for estimated construction costs between $100,000 and $1,000,000,
1.5% of the estimated cost of construction and materials; for estimated
construction costs exceeding $1,000,000, 1.65% of the estimated cost
of construction and materials.
[Amended 11-9-2006; 11-24-2009; 2-10-2022 by L.L. No. 3-2022]
(a)
Tennis courts: $2,000 flat fee.
(b)
Swimming pools: $600 flat fee.
(c)
Other accessory structures: $100 per 100 square feet, with a minimum fee of $150. Notwithstanding, this fee for an accessory structure being constructed in conjunction with a project in accordance with Village Code, Chapter 116, Article IX, Accessory Apartments (§§ 116-50 through 116-68 shall be waived).
(d)
Elevated walkways over dunes or wetlands: 1%
of the estimated cost of construction and materials, but not less
than $250.
(2)
Commercial and other buildings: 1.25% of the estimated
cost of construction and materials, but not less than $500.
[Amended 11-24-2009]
(3)
Alterations: $10 per $1,000 of estimated cost of alterations,
for alterations not exceeding an estimated cost of $500,000; and $15
per $1,000 of estimated cost of alterations, for alterations exceeding
an estimated cost of $100,000, but not more than $500,000; and $20
per $1,000 of the estimated costs of alterations, for alterations
exceeding an estimated cost of $500,000, but not less than $250.
[Amended 11-9-2006; 2-10-2022 by L.L. No. 3-2022]
(4)
Demolition, residential and commercial: $200 per 100
square feet of demolition.
[Amended 11-9-2006; 11-24-2009; 2-10-2022 by L.L. No. 3-2022]
(5)
Certificate of occupancy: no fee with building permits;
$200 for a reissue or transfer.
[Amended 11-9-2006; 2-10-2022 by L.L. No. 3-2022]
(6)
Prior
to the issuance of a certificate of occupancy for any construction,
including residential and commercial construction, the general contractor
conducting the work, or if no general contractor, then the owner of
the property, shall submit a sworn affidavit identifying the actual
cost of the work and materials. If the actual cost of the work and
materials exceeds the estimated cost, then additional fees shall be
paid applying the same percentages as set forth above against the
difference in cost between the actual cost incurred and the estimate.
[Added 9-20-2022 by L.L. No. 15-2022]
B.
The fee for a certificate of occupancy upon a transfer
of real property or reissuance or in any case not involving new work
or alterations and for a temporary certificate of occupancy shall
be $200.
[Amended 12-9-1988 by L.L. No. 8-1988; 1-9-1998; 6-23-2009; 2-10-2022 by L.L. No. 3-2022]
C.
In the event that construction is commenced prior
to the filing of an application for a building permit, the fees hereinabove
provided shall be doubled in connection with the issuance of a permit
for the work.
[Added 2-28-1989 by L.L. No. 1-1989]
D.
The fee for a copy of a certificate of occupancy shall
be $5.
[Added 1-9-1998]
E.
The application fee for a coastal erosion management
permit application shall be $1,500.
[Added 1-9-1998; amended 6-23-2009; 2-10-2022 by L.L. No. 3-2022]
G.
Notwithstanding
any other fees, any application that is required to have a public
hearing shall pay a one-time "public hearing fee" of $450.
[Added 2-10-2022 by L.L. No. 3-2022]
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application within 60 days from the date of submission of the application.
B.
Upon approval of the application and upon receipt
of the fees therefor, the Building Inspector shall issue a building
permit to the applicant upon the form prescribed by the Building Inspector
and shall affix his signature or cause his signature to be affixed
thereto.
C.
Upon approval of the application, both sets 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 Building Department and the other set shall be returned
to the applicant, together with the building permit, and shall be
kept by the applicant at the building site, open to inspection by
the Building Inspector or his authorized representative at all reasonable
times.
D.
If the application, together with the plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations, the Building Inspector shall disapprove the same and
shall return the plans and specifications to the applicant. Upon the
request of the applicant, the Building Inspector shall cause such
refusal, together with the reasons therefor, to be transmitted to
the applicant in writing.
A.
A building permit shall be effective to authorize
the commencing of work for a period of one year after the date of
its issuance. Upon proof from the applicant that substantial construction
has been conducted above the foundations before the expiration date, the
Building Inspector may allow a maximum of one extension for one additional
year. All work shall conform to the approved application, plans and
specifications and shall be in accordance with applicable building
laws, ordinances, rules and regulations.
[Amended 4-13-2023 by L.L. No. 9-2023]
B.
Building permits shall be prominently displayed on
the job-site at all times during the progress of the work so as to
be readily seen from adjacent thoroughfares.
C.
In the event that a building permit has expired and run the full course of an allowed extension, issuance of a one-year renewal from the Building Inspector is required. Upon the filing of an application for such renewal, the Inspector shall make a determination, subsequent to reviewing the inspection records and/or conducting an inspection, of what percentage of the total construction remains to be completed. The Inspector shall decide percentages in increments of 25%. There shall be no limit to the number of renewals the Building Inspector may grant to all applications. In a case where the construction authorized by the expired permit has been partially completed prior to expiration of such permit, the new building permit fees shall consist of the amount otherwise payable pursuant to § A119-2 multiplied by the percentage of construction which remains to be completed. For example, where 75% of the total construction has been completed and 25% of the total construction remains to be completed, the renewal shall be 25% of the amount otherwise payable pursuant to § A119-2. In the event an applicant does not receive the final certificate of occupancy to close the building permit before the expiration date and construction has been completed, the applicant shall pay a fee in the amount of the initial fee charged to the applicant for the building permit multiplied by 25%. The applicant shall submit such information as the Building Inspector may require in order to determine the percentage of construction which remains to be completed.
[Added 6-23-2009; amended 4-13-2023 by L.L. No. 9-2023]
The Building Inspector may revoke a building
permit theretofore issued in the following instances:
A.
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
B.
Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
C.
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable laws,
ordinances, rules or regulations, or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building permit was issued, or in an unsafe and dangerous manner,
he shall notify the owner of the property or the owner's agent to
suspend all work, and any such persons shall forthwith stop such work
and suspend all building activities until the stop order has been
rescinded. Such order and notice shall be in writing, shall state
the conditions under which the work may be resumed, and may be served
upon a person to whom it is directed either by delivering it personally
to him or by posting the same upon a conspicuous portion of the building
where the work is being performed and sending a copy of the same to
him by certified mail at the address set forth in the application
for permission for the construction of such building.
The Building Inspector and Assistant Building
Inspectors, upon the showing of proper credentials and in the discharge
of their duties, shall be permitted to enter upon any building, structure
or premises without interference during reasonable working hours.
A.
No building hereafter erected or as to which there
has been a change of ownership shall be used or occupied in whole
or in part until a certificate of occupancy shall have been issued
by the Building Inspector.
B.
No building hereafter enlarged, extended or altered
or upon which work has been performed which required the issuance
of a building permit shall be occupied or used for more than 30 days
after the completion of the alteration or work unless a certificate
of occupancy shall have been issued by the Building Inspector.
C.
No change shall be made in the nature of the occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Building Inspector.
D.
The owner or his agent shall make application for
a certificate of occupancy. Accompanying this application and before
the issuance of a certificate of occupancy, there shall be filed with
the Building Inspector an affidavit of the registered architect or
licensed professional engineer who filed the original plans, or of
the registered architect or licensed professional engineer who supervised
the construction of the work, or of the superintendent of construction
who supervised the work and who, by reason of his experience, is qualified
to superintend the work for which the certificate of occupancy is
sought. This affidavit shall state that the deponent has examined
the approved plans of the structure for which a certificate of occupancy
is sought and that the structure has been erected in accordance with
approved plans and, as erected, complies with the law governing building
construction or as varied by a variance which has been legally authorized.
Such variances and qualifying conditions imposed therewith, if any,
shall be specified in the affidavit.
Before issuing a certificate of occupancy, the
Building Inspector shall examine or cause to be examined all buildings,
structures and sites for which an application has been filed for a
building permit to construct, enlarge, alter, repair or change the
use or nature of occupancy, and he may conduct such inspections as
he deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued. There shall
be maintained in the Building Department a record of all such examinations
and inspections, together with a record of findings of violations
of the law.
A.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
laws, ordinances, rules and regulations, and also in accordance with
the application, plans and specifications filed in connection with
the issuance of the building permit, the Building Inspector shall
issue a certificate of occupancy upon the form provided by him. If
it is found that the proposed work has not been properly completed,
the Building Inspector shall not issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable building regulations.
B.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after written application therefor is
made.
C.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy are
in conformity with the provisions of the applicable building laws,
ordinances, rules and regulations, and shall specify the use or uses
and the extent thereof to which the building or structure or its several
parts may be put.
Upon request, the Building Inspector may issue
a temporary certificate of occupancy for a building or structure or
part thereof before the entire work covered by the building permit
shall have been completed, provided such portion or portions as have
been completed may be occupied safely without endangering life or
the public health or welfare. A temporary certificate of occupancy
shall remain effective for a period not exceeding three months from
its date of issuance. For good cause the Building Inspector may allow
a maximum of two extensions for periods not exceeding three months
each.
