[Amended 3-23-2004 by L.L. No. 6-2004; 5-9-2006 by L.L. No. 12-2006; 6-16-2009 by L.L. No. 13-2009]
A.
It shall
be unlawful to own, occupy, lease, let or use a building, structure,
accessory building or accessory structure that has been constructed,
erected, modified or altered unless a permit authorizing the same
shall have been issued by the Building Inspector. There shall be a
rebuttable presumption that a building, structure, accessory building
or accessory structure has been constructed, erected, modified or
altered where the building, structure, accessory building or accessory
structure does not conform to the approved set of plans on file with
the Town of Babylon.
(1)
Any
person who shall obtain a building permit shall be in violation of
this section if said building permit expires before the completion
of all of the work for which the permit was issued. It shall be an
affirmative defense that said building permit was renewed, surrendered
to the Building Inspector or expired without any work being performed
pursuant to said permit.
(2)
Any
person who shall obtain a building permit shall be in violation of
this section if said building permit expires before the issuance of
a certificate of occupancy for work performed pursuant to said building
permit if such work requires the issuance of a certificate of occupancy.
B.
A fee shall
be charged for every permit issued. The amount of such fee shall be
as may be determined from time to time by the Town Board and, commencing
February 1, 2000, shall be doubled for every permit application filed
after the work which is the subject of the permit has been commenced.
C.
It shall
be unlawful to own, occupy, lease, let or use a building, structure,
accessory building or accessory structure that has been constructed,
erected, modified or altered for solar energy generation or absorption,
unless a permit authorizing the same shall have been issued by the
Building Inspector.
(1)
The
requirements and fees for a permit required for said solar energy
construction, modifications or alterations shall be determined by
the Commissioner of Planning and Development and shall be project
specific.
(2)
The
fee for a permit for said solar energy construction, modifications
or alterations shall be a flat fee of $100.
A.
An application for a building permit shall be submitted
in such form as the Building Inspector may prescribe.
B.
Such application shall be made by the owner or lessee
or agent of either or the architect, engineer or builder employed
in connection with the proposed work. If such application is made
by a person other than the owner in fee, it shall be accompanied by
a duly verified affidavit of the owner in fee or the person making
the application that the proposed work is authorized by the owner
in fee and that the person making the application is authorized to
make such application. Said owner or lessee or architect, builder,
contractor, agent, person, firm or corporation which shall have caused
or permitted any violation of this Code to exist or be maintained
or fails to comply with any provision or requirement of this Code
shall each be guilty of a separate and individual offense and, upon
conviction thereof, shall be punished as herein provided.
[Amended 9-13-2006 by L.L. No. 28-2006]
Applications for building permits shall be accompanied
by two sets of drawings of the proposed work, drawn to scale, including
floor plans, elevations, structural details and plot diagrams.
Nothing in this Article shall prohibit the filing
of amendments to an application for a building permit or to a plan
or other drawing of the work for which the permit was sought. Such
amendments, after approval, shall be filed with and be deemed a part
of the original permit application.
Applications for building permits shall be examined
within a reasonable time after filing and if, after examination, it
appears that the proposed work will be in compliance with the provisions
of this chapter and other laws applicable thereto and that the proposed
construction or work will be safe, the application will be approved
and a permit issued. If the examination reveals otherwise, the application
will be returned as rejected and the findings noted in a report attached
to the application.
[Amended 7-20-1999 by L.L. No. 8-1999; 9-18-2012 by L.L. No.
13-2012]
A fee shall be charged for every building permit
issued. The amount of such fee shall be as may be determined from
time to time by the Town Board, and commencing February 1, 2000, shall
be doubled for every permit application filed after the work which
is the subject of the permit has commenced. The amount of such fee
for commercial permits shall be tripled for every permit filed after
the work which is the subject of the permit has commenced.
Nothing in this Article shall be construed to
prevent the Building Inspector from issuing a permit for the construction
of part of a building or structure before the entire plans and detailed
statements of said building or structure have been submitted or approved,
if adequate plans and detailed statements have been presented for
the same and have been found to comply with this chapter.
[Amended 5-7-1985 by L.L. No. 1-1985]
A bond may be requested by the Building Inspector
to indemnify the Town for damage caused by the moving of a building
or structure. If such bond is requested, no permit to remove a building
or structure shall be granted until the bond is filed with the Town
Supervisor.
All work performed under a permit issued by
the Building Inspector and signed by him or his authorized assistant
shall conform to the approved application and plans and approved amendments
thereof.
[Amended 3-3-1998 by L.L. No. 3-1998; 7-20-1999 by L.L. No.
9-1999]
A.
Each and every permit issued by the Building Inspector
under the provisions of this chapter shall expire and become null
and void at the expiration of 180 days from the date of issuance,
unless, within such period, an extension of such permit has been duly
obtained from the Building Inspector. The provisions of this section
shall apply to any such extension.
B.
Extensions.
(1)
Each and every permit issued by the Building Inspector
prior to the effective date of Local Law No. 3 of 1998 shall expire
as follows unless within such period an extension of such permit has
been duly obtained from the Building Inspector:
(a)
Where no property right has vested in the permit,
six months from the effective date of this subsection.
(b)
Where a property right has vested in the permit
and the estimated cost of construction is less than $50,000 as of
the date of the issuance of the permit, one year from the effective
date of this subsection.
(c)
Where a property right has vested in the permit
and the estimated cost of construction is more than $50,000 and not
more than $100,000 as of the date of the issuance of the permit, 18
months from the effective date of this subsection.
(d)
Where a property right has vested in the permit
and the estimated cost of construction is more than $100,000 as of
the date of the issuance of the permit, two years from the effective
date of this subsection.
A copy of the building permit shall be kept
on the premises open to public inspection during the prosecution of
the work and until the completion of the same.
The Building Inspector may require a certified
copy of the approved plans to be kept on the premises at all times
until completion of the work regulated herein.
[Amended 5-20-2003 by L.L. No. 6-2003]
A.
The Building Inspector may revoke a permit or approval
issued under the provisions of this chapter in the following instances:
(1)
Where he or she 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; or
(2)
Where he or she finds that the building permit was
issued in error and should not have been issued in accordance with
the applicable law; or
(3)
Where he or she finds that the work performed under
the permit is not being prosecuted in accordance with the provisions
of the application, plans or specifications; or
(4)
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop-work order issued by
the Building Inspector.
B.
Such revocation shall take place after notice to the
applicant and an opportunity for the applicant to be heard by the
Building Inspector.
[Amended 11-17-2010 by L.L. No. 32-2010]
Emergency repairs to buildings or structures
may be made in an emergency situation, when oral or written permission
is given by a building inspector, to make the buildings or structures
safe prior to filing an application or obtaining a building permit
where said structure or building is in danger of collapse. Nothing
herein shall be construed to give permission to make permanent repairs,
alterations or modifications to any building or structure without
a building permit.
No building hereafter erected, enlarged, extended
or altered shall be occupied or used in whole or in part until a certificate
of occupancy, certifying that such building conforms to the approved
plans and the requirements of these building standards and stating
the purposes for which the building may be used in its several parts
and any special stipulations, shall have been issued by the Building
Inspector and signed by him or his authorized assistant. If the occupancy
or use of a building is not discontinued during the work of alteration,
the occupancy or use of the building shall not continue for more than
30 days after completion of the alteration unless a certificate shall
have been issued.
No change of occupancy or use shall be made
in a building hereafter erected or altered that is not consistent
with the last issued certificate of occupancy for such building unless
a permit is secured. In case of an existing building, no change of
occupancy that would bring it under some special provision of this
chapter shall be made unless the Building Inspector, upon inspection,
finds that such building conforms substantially to the provisions
of this chapter with respect to the proposed new occupancy and use
and issues a certificate of occupancy therefor.
The reestablishment in a building, after a change
of occupancy has been made, of a prior use that would not have been
permitted in a new building of the same type of construction is prohibited.
The change from a specifically prohibited use to another specifically
prohibited use shall not be made.
