It shall be the duty of the Superintendent of
Construction to examine applications for permits within a reasonable
time after filing. If, after examination, it appears that the proposed
work will be in compliance with the laws and ordinances applicable
thereto and the proposed construction or work will be safe, he shall
approve the application and issue a permit therefor. If his examination
reveals otherwise, the Superintendent of Construction shall reject
such application at once giving the applicant a statement of his reason
for such rejection.
All permits shall be drawn in duplicate and
shall be signed by the Superintendent of Construction. One copy shall
be delivered to the applicant, and one copy shall be filed in the
office of the Superintendent of Construction.
All work performed under the permit issued by
the Superintendent of Construction shall conform to the application
and plans and the approved amendments thereof.
The location of a new building or structure
or of an extension to an existing building or structure shown on an
accepted and approved plot diagram or an approved amendment thereof
shall be strictly adhered to.
The Superintendent of Construction shall have
the authority to revoke a permit or approval issued under the provisions
of the New York State Uniform Fire Prevention and Building Code in
case there has been any false statement or misrepresentation as to
a material fact in the application on which the permit or approval
was based, or for any violation of any of the provisions of the New
York State Uniform Fire Prevention and Building Code.
Before the construction, alteration or moving
of any building, wall or structure, or any part of either, or any
platform, staging or flooring to be used for standing or seating purposes,
or the construction or alteration of the plumbing or drainage of any
building, structure or premises is commenced, the owner or lessee
or agent of either or the architect or builder employed by the owner
or lessee in connection with the proposed construction or alteration
shall submit to the Superintendent of Construction a detailed statement
in duplicate of the specifications on appropriate blanks to be furnished
to applicants by the Village Clerk and such plans and structural detail
drawings of the proposed work as the Superintendent of Construction
may require.
If the construction, alteration, or plumbing,
drainage or the alteration thereof is to be made or executed by any
person other than the owner of the land in fee, the person intending
to make such construction or alteration or to construct such plumbing
or drainage shall either, as owner, lessee or in any representative
capacity, accompany the application to build or alter with a statement
in writing sworn to as aforesaid, giving the full name and residence
of each of the owners of the land, building or proposed building,
structure or proposed structure, premises, wall, platform, staging
or flooring, and recite that he is duly authorized to perform said
work. Such statement may be made by the agent or architect of the
person hereinbefore required to make the same.
Except upon a written authorization of the Board of Appeals, no building permit or certificate of occupancy shall be issued for any building or structure where said construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this chapter or Chapter 288, Zoning.
There shall be submitted with all applications for building permits, except those for signs, two copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings existing and the lines within which the building or structure shall be erected or altered, the existing and intended use of each building or part of the building and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of Chapter 288, Zoning. One copy of such plan shall be returned to the owner when such plan shall have been approved by the Superintendent of Construction. All dimensions shown in this plan relating to the location and size of the lot to be built upon shall be based on an actual survey, and the lot shall be staked out on the ground before construction is started so that the Superintendent of Construction may determine by measurement in the field that the yard requirements for the district in which the use is located have been met.
Before any existing building or part of an existing
building is demolished, a statement in writing on appropriate blanks
to be furnished by the Superintendent of Construction, constituting
a notice to demolish, shall be submitted to the Superintendent of
Construction by the owner or any person authorized by the owner, giving
the full name and residence of each of the owners of the building
to be demolished, the name and business address of the person who
is to do the work and such other information respecting the building
as the Superintendent of Construction may require. Such notice shall
be submitted not less than 48 hours before the work of demolition
is commenced.
All applications, notices and sworn statements
required by this Article and copies of the approved plans shall be
kept on file in the office of the Village. Applications shall be promptly
docketed as received. For purposes of identification and reference,
all such papers shall be marked with the block and lot number of the
property to which they apply and of the street and house number when
possible.
Nothing in this chapter shall prohibit the filing
of amendments to any application at any time before the completion
of the work for which the permit was sought, and such amendments,
after approval, shall be made a part of the application and shall
be filed as such.
Ordinary repairs to buildings, structures or
plumbing and drainage thereof may be made without notice to the Superintendent
of Construction, but such repairs shall not be construed to include
the cutting away of any wall or portion thereof, the removal or cutting
of any beams or supports, the removal, change or closing of any stairway
or required means of exit, the alteration of any house sewer, private
sewer or drainage system or the construction of any waste pipe.
A.
It shall be unlawful to construct, alter or move any building, wall or platform, staging or flooring or other structures, or any part thereof, or any plumbing or drainage, until the application and plans required by §§ 101-8 through 101-15 of this Article shall have been approved in writing by the Superintendent of Construction and a written permit issued by the Board of Trustees.
B.
The Superintendent of Construction shall approve or
reject any application or plan, or amendment thereto, filed with him
pursuant to the provisions of this Article within a reasonable time,
and, if approved, the Board of Trustees shall promptly issue a permit
therefor.
C.
An approved copy of the plans and specifications must
be kept at the premises under construction until a certificate of
occupancy is issued.
D.
Nothing in §§ 101-16 through 101-18 shall be construed to prevent the Superintendent of Construction from approving and issuing a permit for the construction of part of a building or structure, when plans and detailed statements have been presented for the same, before the entire plans and detailed statements of said building or structure have been submitted or approved.
Every permit issued under the provisions of
this chapter shall have the signature of the Superintendent of Construction
affixed thereto.
[Amended 10-15-1990 by L.L. No. 9-1990]
A.
It shall be unlawful for any person to commence work
for the erection, alteration, demolition or moving of any building
until a building permit has been duly issued therefor. This permit
shall be void unless construction is commenced within three months
and completed within one year, except that demolition shall commence
within 15 days and be completed within 30 days from the date of issuance
of the permit.
B.
All building permits shall lapse one year from the
date of issuance. If the subject of the permit has not yet been completed,
a renewal application must be submitted to the Superintendent of Construction
for approval.
C.
Only two renewals of the original permit are permitted.
The submission of a new building permit application and renewal form
supplied by the Superintendent of Construction must be filed for each
renewal and must be approved before the subject work continues.
D.
If the subject of the building permit has not been
completed after the original or renewal permits have expired, the
holder of the permit shall be deemed to have forfeited all rights
and privileges thereunder, and the subject premises shall be restored
to original condition within 60 days after the date of the forfeiture
of such permit.
E.
In case of emergency, nothing herein shall be construed
to prevent the Superintendent of Construction from authorizing temporary
major structural repairs or demolition to protect the safety and welfare
of the public.
Any building, extension or alteration for which a permit has been duly granted, the construction of which has been started before the effective date of this chapter, or of an amendment thereto, and the ground story framework of which, including the second tier of beams, has been completed within one year after the adoption of this chapter, or amendment thereto, may be completed in accordance with plans on file with the Superintendent of Construction, provided that such construction is diligently prosecuted and the building is completed within one year of the adoption of this chapter, or an amendment thereto. If any of the requirements shall not have been fulfilled within the prescribed period, or if the building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this chapter and Chapter 288, Zoning.
Whenever the Village Board of Trustees, by resolution, authorizes a public hearing on a proposed amendment to Chapter 288, Zoning, and for a period of 60 days following the date of such resolution, no building or structure shall be erected, enlarged or altered, and no permit shall be issued for the erection, enlargement or alteration of any building or structure or for the occupancy of any land or building in any manner that would be contrary to the provisions of the proposed amendment.
Before any permit shall be issued under this Article, except a permit for the construction or alteration of a church, school or public building, the applicant shall pay to the Village a permit fee in accordance with § 101-32.
All fees prescribed in this Article shall be
collected by the Village Clerk of the Village of East Rockaway, and
no permits shall be issued by the Superintendent of Construction until
such fees have been paid.
[Amended 11-13-2006 by L.L. No. 8-2006]
A.
A certificate of occupancy shall be required prior
to any of the following:
(1)
Occupancy, maintenance or use of a building or structure
hereafter constructed, erected or altered.
(2)
Change in use of an existing building.
(3)
Change in the use of a building or structure to a
use of a different classification.
(4)
Any change in the occupancy or use of a vested nonconforming
use.
B.
Such certificate shall state the use for which the building or premises has been approved, and that such building or premises, or part thereof, and the proposed use thereof are in complete conformity with the provisions of this chapter, Chapter 288, Zoning, and the New York Uniform Fire Prevention and Building Code.
C.
It shall be the duty of the Superintendent of Construction
to issue a certificate of occupancy, provided that the building and
the proposed use of the building or premises conforms to all the requirements
herein set forth. A certificate of occupancy shall be applied for
coincident with an application for a building permit.
Under such rules and regulations as may be established
by the Village Board of Trustees, a temporary certificate of occupancy
for part of a building may be issued.
A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect as long as such building and the use thereof or of such land is in full conformity with the provisions of this chapter and Chapter 288, Zoning, and requirements made pursuant thereto.
[Added 11-13-2006 by L.L. No. 8-2006]
A.
It shall be unlawful for any person to erect, construct,
alter, enlarge, convert, maintain or use any building or structure
or to use or permit the use or occupancy of any building, structure
or land, until a certificate of occupancy, certificate in lieu of
certificate of occupancy, or certificate of compliance shall have
been issued by the Superintendent of Construction.
B.
It shall be unlawful for any person to erect, construct,
alter, enlarge, convert, maintain or use any building or structure
or to use or permit the use or occupancy of any building, structure
or land, for any use other than that use stated on the certificate
of occupancy, certificate in lieu of certificate of occupancy, certificate
of compliance, or other records on file in the Village Building Department.
C.
It shall be unlawful for any person to erect, construct, alter, enlarge, convert, maintain or use any building or structure or to use or permit the use or occupancy of any building, structure or land, in violation of the provisions of this chapter, Chapter 288, Zoning, the New York State Uniform Fire Prevention and Building Code and/or any other applicable provisions of the Code of the Village of East Rockaway.
A copy of a certificate of occupancy shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. Upon request from the owner and by payment by him to the Village of a fee as set in § 101-32, the Superintendent of Construction shall issue a certificate of compliance for any buildings or premises, certifying, after inspection, that the extent and kind of use and disposition conforms to the provisions of Chapter 288, Zoning.
In addition to the certification, when required by §§ 101-23 through 101-30 as to compliance with approved plans and specifications and provisions of this article, all certificates of occupancy shall state the purpose for which the building may be used in several parts, the maximum permissible live loads on the several floors, the number of persons that may be accommodated in the several stories, in case such number is limited by any provision of this article or the approved specifications, and all special stipulations of the permit, if any.
Certificates of occupancy shall be issued within
10 days after written application therefor, if said building at the
date of such application shall be entitled thereto. A record of all
certificates shall be kept in the Department of Buildings, and copies
shall be furnished, on request, to any person having a proprietary
interest in the building affected.
The Superintendent of Construction may revoke
any certificate or approval issued under the provisions of this article,
in the case of any false statement or any misrepresentation as to
material fact in the application on which the permit or approval was
based.
Fees shall be paid to the Village for the issuance of certificates of occupancy or compliance in accordance with § 101-32.
Before the Superintendent of Construction shall
issue a certificate of occupancy for any structure hereafter erected
in the Village, the owner of such building or structure shall cause
a sidewalk and curb to be laid in accordance with the established
grade as furnished by the Village Engineer, and such sidewalk and
curb shall be constructed in a manner designated and approved by the
Superintendent of Construction of the Village.
[Amended 8-10-1987 by Ord. No. 5-1987; 6-13-1988 by L.L. No. 9-1988; 3-11-1991 by L.L. No. 2-1991; 7-12-1999 by L.L. No.
8-1999]
The fees and deposits to be charged and required
under the provisions of this chapter shall be determined from time
to time by resolution of the Board of Trustees.
A.
No excavation shall be made until a building permit and an excavation permit are issued; and at the time of the making of the application for such permit, the owner, contractor or other person making such application shall be required to deposit with the Village Clerk a sum as provided in § 101-32, which shall be held by the Village and shall be refunded only at such time as the building is completed and a certificate of occupancy is issued by the Superintendent of Construction. The deposit shall be forfeited and retained by the Village in the event that an excavation is made and no building is erected on the premises within one year from the date of the issuance of the permit. The excavation permit and the building permit will not be issued until the appropriate fee and deposit have been paid in accordance with § 101-32.
[Amended 3-11-1991 by L.L. No. 2-1991]
B.
In the event, however, that the building permit and
excavation permit are withdrawn, canceled or otherwise nullified and
no excavation has been made, the sum of the deposit shall be refunded
by the Village Clerk to the owner, contractor or other person making
the deposit.
C.
The acceptance of a building permit and an excavation
permit by an owner, contractor or agent thereof shall be a specific
authorization to the Village to refill any excavation made by such
owner or contractor on land covered by the building permit and the
excavation permit in the event that no foundation is laid within a
period of one year from the date of granting the permit, unless such
permit is extended for good cause shown.
