[Amended 3-27-2007 by L.L. No. 3-2007]
It shall be the duty of the Building Inspector
or any Village of Babylon employee designated by the Building Inspector
or the Mayor to enforce the provisions of this chapter.
[Amended 12-11-1984 by L.L. No. 7-1984]
A. No building shall hereafter be erected and no existing building shall be structurally altered or added to on any lot, plot or premises and no excavation or work of any nature shall commence in connection therewith, nor shall any use of an existing building be changed until a permit authorizing the same shall have been issued by the Building Inspector. The Building Inspector shall require that the application for a permit and the accompanying plot plan, plans and specifications shall contain all information necessary to enable him to determine whether the proposed building addition or structural alterations or change of use to an existing building comply with the provisions of this chapter and Chapter
171, Flood Damage Prevention, where applicable.
[Amended 10-24-2006 by L.L. No. 8-2006; 7-14-2015 by L.L. No. 5-2015]
B. No permit shall be required for a storage shed located
on the same plot as a one- or two-family dwelling, provided that only
one storage shed shall be located on such plot and that such storage
shed shall be securely anchored to the ground, shall comply with the
structural provisions of the New York State Uniform Fire Prevention
and Building Code and shall comply with all other Village laws, rules
and regulations. Any storage shed which, in the opinion of the Building
Inspector, has become dangerous, unsound, unsafe or hazardous as a
result of fire, neglect, disrepair, structural failure, collapse,
vandalism or any other means shall be declared a public nuisance.
Any such shed declared to be a public nuisance shall be removed in
accordance with the Building Inspector's specifications.
C. Decks/patios; outdoor playgrounds and gyms.
[Added 9-9-1986 by L.L. No. 4-1986;
amended 1-11-1994 by L.L. No. 1-1994]
(1) As used in this subsection, the following terms shall
have the meanings indicated:
DECK/PATIO
A single- or multi-level open flat or roof-enclosed structure
composed of wood, metal, masonry or similar material.
(2) Decks and patios over 18 inches in height shall conform
to minimum setback requirements of the main structure. A building
permit shall be required for a deck/patio which is 18 inches or more
above the adjacent grade level.
(3) A building permit shall be required when an outdoor
playground or gym (or any combination) exceeds a lot area of 90 square
feet.
D. In the districts designated in this Code as Marine
Commercial District, Retail Business District and Industrial District,
no exterior additions, including but not limited to fences, decks,
patios, breezeways, arbors, seating arrangements, freestanding walls
and similar structures, shall be constructed, added, erected or placed
upon any lot, plot or premises, and no excavation or work of any nature
shall commence in connection therewith, until a permit authorizing
the same shall have been issued by the Building Inspector. Before
issuing such a permit, the Building Inspector shall require that an
application for a permit shall be filed with accompanying plot plan,
plans and specifications, and the same shall be referred to the Planning
Board for recommendation in connection therewith. No building permit
shall be issued except in conjunction with plans filed and approved.
[Added 5-10-1988 by L.L. No. 2-1988]
E. A building permit shall be required for a roofless
deck, patio, porch, landing, portico, balcony or sun deck which is
more than 18 inches above the adjacent grade level or higher than
the first floor grade of the main structure, whichever is lower. No
work of any nature shall commence in connection therewith until a
permit authorizing the same shall have been issued by the Building
Inspector. Before issuing such a permit, the Building Inspector shall
require that an application for a permit shall be filed with the occupancy
plot plan and specifications, and the same shall be referred to the
Planning Board for its review and recommendation. The Planning Board
may approve with modifications or disapprove the same as it deems
necessary to preserve the health, safety and welfare of the community.
No building permit shall be issued except in conjunction with plans
filed and approved.
[Added 11-13-1990 by L.L. No. 4-1990; amended 6-23-1992 by L.L. No. 1-1992; 6-22-2004 by L.L. No. 2-2004]
F. No outside stairway shall be installed to a deck,
porch, landing, second or third floor, basement, portico, balcony
or sun deck which has access to any part of a building that is higher
or lower than the first floor.
[Added 6-23-1992 by L.L. No. 1-1992;
amended 11-25-1997 by L.L. No. 5-1997]
G. Streamlining applications for rooftop solar panels.
[Added 9-27-2011 by L.L. No. 2-2011]
(1) Legislative purposes. The Village Board of Trustees has concluded
that in order to facilitate adoption of solar energy technologies
in residential settings, it is incumbent upon municipalities such
as the Village of Babylon to remove the complexity and hassle associated
with securing approval of installations for solar technology by creating
a streamlined application process that is more targeted than the building
permit process that is currently utilized. Such a new process will
save time, eliminate paperwork and related expenses, protect public
safety and speed approvals.
(2) Definitions. As used in this section, the following terms shall have
the meanings indicated:
APPROVED CONTRACTOR
A contractor whose credentials were reviewed and approved
by either the Building Inspector or the Long Island Power Authority
(LIPA) as evidenced by the list to be maintained and published by
LIPA of installers whose credentials have been pre-screened.
APPROVED EQUIPMENT
Solar paneling equipment previously reviewed and approved
by the Building Inspector or meeting the requirements for a standard
installation and shall include the following:
(a)
Photovoltaic (PV) panels certified by a nationally-recognized
testing laboratory as meeting the requirements of the Underwriters
Laboratory (UL) Standard 1703;
(b)
Inverters on a list of New York State Public Service Commission
type-tested inverters which are tested by UL or other nationally-recognized
laboratories to conform with UL standard 1741; and
(c)
Residential solar hot water (RSHW) equipment certified by the
Solar Rating and Certification Corporation under its OG-100 standard
for solar collectors.
APPROVED INSPECTOR
Electrical Underwriters, which are already required to perform
the electrical inspection of the system, and who certify that they
have been trained to perform the third-party PV inspection or a third-party
designated by LIPA on a list of trained PV inspectors maintained by
LIPA.
SOLAR PANEL INSTALLATIONS
Solar electric panel and solar hot water installations where
the installation is to be flush mounted on a residential roof and
to be installed by an approved contractor using approved equipment.
STANDARD INSTALLATION
A solar energy system with a roof load of no more than five
pounds per square foot for photovoltaic (PV) and six pounds per square
foot for residential solar hot water (RSHW) that is flush-mounted
using a racking system approved by a licensed New York State professional
engineer or registered architect on a residential roof with an eighteen-inch-wide
clear path at the roof ridge.
(3) Anything to the contrary notwithstanding, the Building Inspector
shall expedite the process of permitting standard installations of
solar panels by approved contractors using approved equipment. Permits
for same may be issued based upon the following criteria:
(a)
A new property survey shall not be required, but if the solar
energy system is proposed for an accessory structure on the residential
property, the property owner will be required to provide an existing
survey showing that the accessory structure is legal.
(b)
The application shall include a certified drawing (hand-drawn
or better) of the solar panel location and layout on the roof and
other diagrams.
(c)
The application will require a professional engineer or registered
architect to certify the load bearing and wind load sufficiency of
the subject solar installation.
(d)
The contractor must be an approved contractor.
(e)
The permit shall be limited to approved equipment.
(f)
The Building Inspector may rely upon and accept third-party
inspections and/or certifications if provided by approved inspectors,
which inspectors are to be paid for by the homeowner.
(4) Requirements for permit submittal. Before approval and issuance of
permit(s) for a grid-tied photovoltaic system (PV) or residential
solar hot water system (RSHW), the applicant shall submit:
(a)
A completed fast track permit requirements checklist on the
Building Inspector's approved form.
(b)
Three sets of plans which include:
[1]
A cover sheet identifying the:
[a] Project address, map, section, block and lot number
of the property;
[b] Owner's name, address, phone number; and
[c] Name, address and phone number of the person preparing
the plans;
[2]
Sheet index indicating each sheet title and number;
[3]
Legend for symbols, abbreviations and notations used in the
drawings;
[4]
Configuration diagrams prepared by a professional engineer or
registered architect (see samples) which are sketched (hand-drawn
or better) as follows:
[a] Roof diagram depicting modules or collectors and
racking configuration on designated surface(s) to scale and dimensioned.
The diagram should include any eighteen-inch clearance/access required
as noted in the fast track permit requirements checklist criteria.
[b] Equipment location diagram indicating the location(s)
of the modules or collectors; main electrical service; inverter(s);
the location of all equipment disconnects on the outside of the structure
(i.e., A/C disconnect); any interior equipment locations.
[c] One line standard electrical diagram.
[5]
Property survey if system is proposed for an accessory structure.
(c)
Fast track project information sheet on the Building Inspector's
approved form.
(5) Permits. Applications for permits made under Section G above shall
be reviewed on an expedited basis and those which conform to the requirements
herein for standard installations of approved equipment by an approved
contractor shall be approved expeditiously. Certificates of occupancy
and/or compliance may be issued by the Building Inspector in reliance
upon certifications as to completion and compliance by an approved
inspector.
(6) Once
installed, notification must be given to the Babylon Village Fire
Department by the property owner.
[Added 11-22-2011 by L.L. No. 9-2011]
[Amended 4-18-1974]
When a building permit is issued for the erection
or alteration of a building, said work shall be completed within six
months from the date of issuance of the permit or an extension thereof.
The Building Inspector is hereby authorized to grant one or two extensions,
of six months each; provided, however, that the applicant shall submit
proof in writing of his inability to complete the work within the
time limit.
A certificate of occupancy shall be applied
for at the same time that the building permit is applied for and shall
be issued within 10 days after the Building Inspector has been notified
that the erection, addition or alteration of the building shall have
been completed in accordance with the requirements of this chapter.
A record of all certificates issued shall be kept on file in the office
of the Building Inspector. Copies of such certificates shall be furnished
upon written request to any person having a proprietary, tenancy or
equitable interest in the building affected.
No certificate of occupancy shall be issued
by the Building Inspector until he has satisfactory evidence of the
following:
A. Construction, alteration or remodeling of the building
and the installation of equipment therein has been completed in accordance
with the provisions of the New York State Uniform Fire Prevention
and Building Code and any other applicable code or codes adopted by
this Village.
B. A certificate has been secured from the health authority
having jurisdiction approving the buildings, outbuildings, if any,
cesspools, septic tanks and other means of sewage disposal.
C. A certificate has been secured from the New York Board
of Fire Underwriters or the Long Island Electrical Inspection Agency,
Inc., attesting that the electric wiring and equipment meet the requirements
of its regulations.
[Amended 4-18-1974; 7-23-2002 by L.L. No. 1-2002]
The Building Inspector shall collect the following
fees before issuing any of the following building permits, renewals
or inspections.
A. For all residential construction, the fees shall be
calculated based upon the cost of construction as determined by the
Building Department based upon its analysis of the plans and discussion
with the property owner (or its agent or designee), taking into consideration
industry costs. (See schedule attached.)
B. For all commercial, business, industrial, and marine
commercial construction, the fees shall be calculated based upon the
cost of construction as determined by the Building Department based
upon its analysis of the plans and discussion with the property owner
(or its agent or designee), taking into consideration industry costs.
(See schedule attached.)
C. For the renewal of any building permit, the cost shall
be $50.
D. For the issuance of a certificate of occupancy or
letter of prior existing use, the fee shall be $50.
E. For the issuance of a document legalizing an existing
structure, the fee shall be $250.
F. This section shall enable the Board of Trustees to
modify Building Department fees from time to time as the need may
arise without the necessity of any further public hearing.
[Amended 6-22-2004 by L.L. No. 2-2004; 4-14-2015]
Residential Property Permit Fees
|
---|
Construc-tion Cost
|
Filing Fee
|
1.50%
|
Permit Fee
|
Construc-tion Cost
|
Filing Fee
|
1.50%
|
Permit Fee
|
---|
$1,000
|
$85
|
$15
|
$100
|
$51,000
|
$85
|
$765
|
$850
|
$2,000
|
$85
|
$30
|
$115
|
$52,000
|
$85
|
$780
|
$865
|
$3,000
|
$85
|
$45
|
$130
|
$53,000
|
$85
|
$795
|
$880
|
$4,000
|
$85
|
$60
|
$145
|
$54,000
|
$85
|
$810
|
$895
|
$5,000
|
$85
|
$75
|
$160
|
$55,000
|
$85
|
$825
|
$910
|
$6,000
|
$85
|
$90
|
$175
|
$56,000
|
$85
|
$840
|
$925
|
$7,000
|
$85
|
$105
|
$190
|
$57,000
|
$85
|
$855
|
$940
|
$8,000
|
$85
|
$120
|
$205
|
$58,000
|
$85
|
$870
|
$955
|
$9,000
|
$85
|
$135
|
$220
|
$59,000
|
$85
|
$885
|
$970
|
$10,000
|
$85
|
$150
|
$235
|
$60,000
|
$85
|
$900
|
$985
|
$11,000
|
$85
|
$165
|
$250
|
$61,000
|
$85
|
$915
|
$1,000
|
$12,000
|
$85
|
$180
|
$265
|
$62,000
|
$85
|
$930
|
$1,015
|
$13,000
|
$85
|
$195
|
$280
|
$63,000
|
$85
|
$945
|
$1,030
|
$14,000
|
$85
|
$210
|
$295
|
$64,000
|
$85
|
$960
|
$1,045
|
$15,000
|
$85
|
$225
|
$310
|
$65,000
|
$85
|
$975
|
$1,060
|
$16,000
|
$85
|
$240
|
$325
|
$66,000
|
$85
|
$990
|
$1,075
|
$17,000
|
$85
|
$255
|
$340
|
$67,000
|
$85
|
$1,005
|
$1,090
|
$18,000
|
$85
|
$270
|
$355
|
$68,000
|
$85
|
$1,020
|
$1,105
|
$19,000
|
$85
|
$285
|
$370
|
$69,000
|
$85
|
$1,035
|
$1,120
|
$20,000
|
$85
|
$300
|
$385
|
$70,000
|
$85
|
$1,050
|
$1,135
|
$21,000
|
$85
|
$315
|
$400
|
$71,000
|
$85
|
$1,065
|
$1,150
|
$22,000
|
$85
|
$330
|
$415
|
$72,000
|
$85
|
$1,080
|
$1,165
|
$23,000
|
$85
|
$345
|
$430
|
$73,000
|
$85
|
$1,095
|
$1,180
|
$24,000
|
$85
|
$360
|
$445
|
$74,000
|
$85
|
$1,110
|
$1,195
|
$25,000
|
$85
|
$375
|
$460
|
$75,000
|
$85
|
$1,125
|
$1,210
|
$26,000
|
$85
|
$390
|
$475
|
$76,000
|
$85
|
$1,140
|
$1,225
|
$27,000
|
$85
|
$405
|
$490
|
$77,000
|
$85
|
$1,155
|
$1,240
|
$28,000
|
$85
|
$420
|
$505
|
$78,000
|
$85
|
$1,170
|
$1,255
|
$29,000
|
$85
|
$435
|
$520
|
$79,000
|
$85
|
$1,185
|
$1,270
|
$30,000
|
$85
|
$450
|
$535
|
$80,000
|
$85
|
$1,200
|
$1,285
|
$31,000
|
$85
|
$465
|
$550
|
$81,000
|
$85
|
$1,215
|
$1,300
|
$32,000
|
$85
|
$480
|
$565
|
$82,000
|
$85
|
$1,230
|
$1,315
|
$33,000
|
$85
|
$495
|
$580
|
$83,000
|
$85
|
$1,245
|
$1,330
|
$34,000
|
$85
|
$510
|
$595
|
$84,000
|
$85
|
$1,260
|
$1,345
|
$35,000
|
$85
|
$525
|
$610
|
$85,000
|
$85
|
$1,275
|
$1,360
|
$36,000
|
$85
|
$540
|
$625
|
$86,000
|
$85
|
$1,290
|
$1,375
|
$37,000
|
$85
|
$555
|
$640
|
$87,000
|
$85
|
$1,305
|
$1,390
|
$38,000
|
$85
|
$570
|
$655
|
$88,000
|
$85
|
$1,320
|
$1,405
|
$39,000
|
$85
|
$585
|
$670
|
$89,000
|
$85
|
$1,335
|
$1,420
|
$40,000
|
$85
|
$600
|
$685
|
$90,000
|
$85
|
$1,350
|
$1,435
|
$41,000
|
$85
|
$615
|
$700
|
$91,000
|
$85
|
$1,365
|
$1,450
|
$42,000
|
$85
|
$630
|
$715
|
$92,000
|
$85
|
$1,380
|
$1,465
|
$43,000
|
$85
|
$645
|
$730
|
$93,000
|
$85
|
$1,395
|
$1,480
|
$44,000
|
$85
|
$660
|
$745
|
$94,000
|
$85
|
$1,410
|
$1,495
|
$45,000
|
$85
|
$675
|
$760
|
$95,000
|
$85
|
$1,425
|
$1,510
|
$46,000
|
$85
|
$690
|
$775
|
$96,000
|
$85
|
$1,440
|
$1,525
|
$47,000
|
$85
|
$705
|
$790
|
$97,000
|
$85
|
$1,455
|
$1,540
|
$48,000
|
$85
|
$720
|
$805
|
$98,000
|
$85
|
$1,470
|
$1,555
|
$49,000
|
$85
|
$735
|
$820
|
$99,000
|
$85
|
$1,485
|
$1,570
|
$50,000
|
$85
|
$750
|
$835
|
$100,000
|
$85
|
$1,500
|
$1,585
|
Commercial Property Permit Fees
|
---|
Construction
Cost
|
Fee
|
Construction
Cost
|
Fee
|
Construction
Cost
|
Fee
|
---|
$1,000
|
$120
|
$26,000
|
$620
|
$51,000
|
$1,120
|
$2,000
|
$140
|
$27,000
|
$640
|
$52,000
|
$1,140
|
$3,000
|
$160
|
$28,000
|
$660
|
$53,000
|
$1,160
|
$4,000
|
$180
|
$29,000
|
$680
|
$54,000
|
$1,180
|
$5,000
|
$200
|
$30,000
|
$700
|
$55,000
|
$1,200
|
$6,000
|
$220
|
$31,000
|
$720
|
$56,000
|
$1,220
|
$7,000
|
$240
|
$32,000
|
$740
|
$57,000
|
$1,240
|
$8,000
|
$260
|
$33,000
|
$760
|
$58,000
|
$1,260
|
$9,000
|
$280
|
$34,000
|
$780
|
$59,000
|
$1,280
|
$10,000
|
$300
|
$35,000
|
$800
|
$60,000
|
$1,300
|
$11,000
|
$320
|
$36,000
|
$820
|
$61,000
|
$1,320
|
$12,000
|
$340
|
$37,000
|
$840
|
$62,000
|
$1,340
|
$13,000
|
$360
|
$38,000
|
$860
|
$63,000
|
$1,360
|
$14,000
|
$380
|
$39,000
|
$880
|
$64,000
|
$1,380
|
$15,000
|
$400
|
$40,000
|
$900
|
$65,000
|
$1,400
|
$16,000
|
$420
|
$41,000
|
$920
|
$66,000
|
$1,420
|
$17,000
|
$440
|
$42,000
|
$940
|
$67,000
|
$1,440
|
$18,000
|
$460
|
$43,000
|
$960
|
$68,000
|
$1,460
|
$19,000
|
$480
|
$44,000
|
$980
|
$69,000
|
$1,480
|
$20,000
|
$500
|
$45,000
|
$1,000
|
$70,000
|
$1,500
|
$21,000
|
$520
|
$46,000
|
$1,020
|
$71,000
|
$1,520
|
$22,000
|
$540
|
$47,000
|
$1,040
|
$72,000
|
$1,540
|
$23,000
|
$560
|
$48,000
|
$1,060
|
$73,000
|
$1,560
|
$24,000
|
$580
|
$49,000
|
$1,080
|
$74,000
|
$1,580
|
$25,000
|
$600
|
$50,000
|
$1,100
|
$75,000
|
$1,600
|
|
|
|
|
$90,000
|
$1,920
|
|
|
|
|
$100,000
|
$2,100
|
|
|
|
|
$150,000
|
$3,100
|
|
|
|
|
$300,000
|
$6,100
|
[Added 6-26-2018 by L.L.
No. 3-2018]
A. Referral.
The Board of Trustees, the Planning Board, the Zoning Board of Appeals,
the Architectural Review Board, and/or the Building Department, in
the review of any application, may refer any such application presented
to it for review and consultation to an engineering, planning, legal,
technical or environmental consultant(s) or professional(s) as such
board shall deem reasonably necessary to enable it to review such
application as required by law. Charges made by such consultants shall
be in accordance with charges usually made for such services in the
metropolitan New York region or pursuant to an existing contractual
agreement between the Village and such consultant. Charges incurred
by the Village in utilizing Village employees shall be in accordance
with the hourly rates upon which the employee’s actual salary
is based including fringe benefits and reasonable overhead. All such
charges shall be paid by the applicant on submission of a Village
voucher.
B. Reimbursement.
The applicant shall reimburse the Village for the cost of such consultant
services upon submission of a copy of the voucher. In the event that
an application is required to be reviewed by more than one board,
then, in such event and to the extent practicable, boards and departments
shall use the same consultant, who shall, in such case, to the extent
practicable, prepare one report providing data, information and recommendations
requested. In all instances, duplications of consultants’ reports
or services shall be sought to be avoided wherever practicable in
order to minimize the cost of such consultants’ report or services
to the applicant. The above fees are in addition to any and all other
fees required by any other law, rule or regulation or the Village
Code.
C. Escrow
accounts. At the time of submission of any application or thereafter,
the reviewing board or department may require the establishment of
an escrow account, from which withdrawals shall be made to reimburse
the Village for the costs of consultant services. The applicant shall
then provide funds to the Village for deposit into such account in
an amount to be determined by the reviewing board based on its evaluation
of the nature and complexity of the application. The applicant shall
be provided with copies of any Village voucher for such services as
they are submitted to the Village. When the balance in such escrow
account is reduced to 1/3 of its initial amount, the applicant shall
deposit additional funds into such account to bring the balance up
to the amount of the initial deposit. If such account is not replenished
within 30 days after the applicant is notified, in writing, or the
requirement of such additional deposit, the reviewing board may suspend
its review of the application. An application shall be deemed incomplete
if any amount shall be outstanding. A building permit or certificate
of occupancy or use shall not be issued unless all consultant services
fees charged in connection with the applicant’s project have
been reimbursed to the Village. After all pertinent costs, fees and
charges under this section have been paid, the Village shall refund
to the applicant any funds remaining on deposit.
D. Collection
of fees. All fees required pursuant to this chapter shall be collected
by the Village Administrator Clerk of the Village of Babylon.
E. Applicability.
This chapter shall be applicable to the applications pending at the
time it shall become effective, unless the reviewing board shall determine
that its application would be impracticable, unfair or unjust in the
particular circumstances. Where this chapter shall be applicable to
a pending application, it shall, in such event, require an applicant
only to pay for consultant services rendered after it shall have become
effective.