[Amended 12-21-2010 by L.L. No. 3-2010; 6-13-2017 by L.L. No. 5-2017]
No building or accessory building in any district
shall be erected, reconstructed or restored or structurally altered,
nor shall any person, firm, corporation or association do any earth
work, such as excavating, filling, blasting, changing the grade of
any land or altering the course or bed of any natural water body,
or cause the same to be done in any preparation for such erection,
construction, enlargement, alteration, improvement or conversion of
any building or structure or any accessory use to service such building
or structure, such as parking facilities, without first obtaining
a building permit from the Building Department; and no principal building
shall be re-roofed or re-sided without a building permit duly issued
upon application to the Building Inspector and payment of the required
fee. No building permit shall be issued unless the proposed construction
or use is in full conformity with all the provisions of this chapter.
No building permit shall be issued to any property that has an expired
permit on file. Any building permit issued in violation of the provisions
of this chapter shall be null and void and of no effect, without the
necessity for any proceeding or revocations or nullification thereof;
and any work undertaken or use established pursuant to any such permit
shall be unlawful.
A.
Application. An application for a building permit
shall contain the following information and be accompanied by the
required fee (see fee schedule[1]) and by a plot plan drawn to scale and signed by the person
responsible for such drawing. If no such plot plan is available, a
survey, prepared by a licensed engineer or land surveyor, is required.
The application shall include:
(1)
The actual shape, dimensions, radii, angles and area
of the lot on which the building is proposed to be erected or of the
lot on which it is situated.
(2)
The section, block and lot number as they appear on
the latest tax records.
(3)
The exact size and location on the lot of the proposed
building or buildings or alteration of an existing building and of
other existing buildings on the same lot, or structures proposed.
(4)
The dimensions of all yards in relation to the subject
building and the distances between such building and any other existing
buildings on the same lot.
(5)
The existing and intended use of all buildings, existing
or proposed, the use of land and the number of dwelling units the
building is designed to accommodate.
(6)
Such topographic or other information with regard
to the building, the lot or neighboring lots as may be necessary to
determine that the proposed construction will conform to the provisions
of this chapter.
(7)
Copy of sewer permit issued by Orange County Sewer
District No. 1.
(8)
Copy
of Orange County Electrical License for contractor performing any
electrical work.
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
B.
Street access. No building permit shall be issued
for the construction or structural alteration of any building upon
a lot without access to a street or highway as stipulated in § 7-736
of the Village Law.
C.
Professional seal. No building permit shall be issued
for the construction or structural alteration of any building with
a total floor area of more than 800 square feet unless the plans and
specifications are prepared by and stamped with the seal of a registered
architect or a licensed professional engineer in New York State.
D.
Earthwork or earthmoving activities. When application is made for any building permit that involves earthwork or earthmoving activities, such as excavation, clearing, stripping, filling, grading or removal such that one or more of the following thresholds are met, site plan review and approval shall be required in accordance with Article XV of this zoning chapter before any building permit is issued:
[Amended 9-14-2023 by L.L. No. 11-2023]
(1)
A change in proposed grade that involves the use of
any tracked construction equipment or equipment in excess of 1,000
pounds.
(2)
A change in the finished grade by more than three
vertical feet at any single point on the lot.
(3)
A change in the average finished grade by more than
one vertical foot of any horizontal area exceeding 100 square feet.
(4)
A change in the average finished grade adjoining the foundation of
a principal structure by more than one vertical foot.
E.
Hours of construction. The building permit shall limit
the hours of construction activity to 8:00 a.m. to 8:00 p.m. Eastern
standard time (7:00 a.m. to 7:00 p.m. Eastern daylight standard time),
Mondays to Saturdays.
F.
Lot on filed subdivision map. No building permit shall
be issued for a lot in a subdivision requiring approval by the Planning
Board, unless the subdivision map has been properly filed in the office
of the County Clerk.
G.
Site plan approval by Planning Board. No building
permit shall be issued for any building where the site plan of such
building is subject to approval by the Planning Board, except in conformity
with the plans approved by said Board.
H.
Copies. Two copies of the building permit application
supporting documentation shall be submitted. On the issuance of a
building permit, the Building Inspector shall return one copy of all
filed documents to the applicant.
I.
Action. The Building Inspector shall, within 10 days
after the filing of a complete and properly prepared application,
either issue or deny a building permit. If a building permit is denied,
the Building Inspector shall state, in writing, to the applicant the
reasons for such denial within five days of such action.
J.
Expiration. Every building permit shall expire if
the work authorized has not commenced within six months after the
date of issuance or has not been completed within 12 months from such
date. If no zoning amendments or other codes or regulations affecting
the subject property have been enacted in the interim, the Building
Inspector may authorize, in writing, the extension of either of the
above periods for an additional six months, following which no further
work is to be undertaken until a new building permit is applied for.
K.
Construction inspections. The following construction
inspections are required to be performed by the Building Inspector,
who must be notified 24 hours in advance of a requested inspection;
and no further work is to take place until the inspection has been
made, and the inspection results have been made known to the contractor:
(1)
Footings and slabs (prior to pouring of concrete).
(2)
Complete foundation (includes anchor bolts, parging,
waterproofing and footing drains).
(3)
Sheathing (before roofing, siding or felt is applied).
(4)
Rough framing (before any insulation or drywall is
applied).
(5)
Rough plumbing and electrical (before insulation/drywall).
All electrical work for buildings and pools must be inspected by the
New York Board of Fire Underwriters or other qualified agency.
(6)
Insulation (before any wall covering is applied).
(8)
Drywall (before walls are spackled).
(9)
Well-water line (before backfilling of piping).
(10)
Septic systems (before backfilling of piping).
Approval by Village Engineer is also required.
(11)
Building sewer laterals (only if not covered
by Orange County Sewer District No. 1).
(13)
Final inspection (required prior to the issuance
of a certificate of occupancy and occupancy or use of a structure).
L.
Location survey. As soon as the foundation of a building
or of any addition to an existing building is completed and before
first story framing or wall construction is begun, there shall be
filed with the Building Inspector an accurate survey signed by the
person responsible for said survey showing the exact location of such
foundation with respect to the street and property lines of the lot.
A.
Coverage. The following shall be unlawful until a
certificate of occupancy has been issued by the Building Inspector:
[Amended 6-13-2017 by L.L. No. 5-2017]
(1)
Occupancy and use of a building erected, reconstructed,
restored, structurally altered or moved; or any change in use of an
existing building.
(2)
Occupancy, use or any change in the use of any land.
(3)
Any change in use of a nonconforming use.
(4)
Occupancy and use of an enlargement to an existing
structure.
(5)
Addition of an accessory building or use.
(6)
Any change in tenancy of a nonresidential use.
B.
Site plan approval by Planning Board. No certificate
of occupancy shall be issued for any land or use requiring site plan
approval by the Planning Board, unless and until such site plan approval
has been duly granted. Every certificate of occupancy for which site
plan approval has been granted, or in connection with which a variance
has been granted by the Board of Appeals, shall contain a detailed
statement of any condition to which the same is subject.[1]
C.
Action. If the proposed use is in conformity with
the provisions of this chapter and of all other applicable codes and
ordinances, a certificate of occupancy shall be issued by the Building
Inspector upon final inspection. If a certificate of occupancy is
denied, the Building Inspector shall state the reasons, in writing,
to the applicant.[2]
[Amended 6-13-2017 by L.L. No. 5-2017]
D.
Authorization. A certificate of occupancy shall be
deemed to authorize and is required for both initial occupancy and
the continuance and use of the building or land to which it applies.
E.
Existing building or use. Upon written request by
the owner, the Building Inspector shall, after inspection, issue a
certificate of occupancy for any building or use thereof or of land
existing at the time of adoption of this chapter, certifying such
use (including the number of employees) and whether or not the same
and the building conform to the provisions of this chapter.
[Amended 6-13-2017 by L.L. No. 5-2017]
F.
Copies. A record of all certificates of occupancy
shall be kept in the office of the Building Inspector, and copies
shall be furnished on request to any agency of the Village or to any
persons having a proprietary or tenancy interest in this building
or land affected.
A.
Enforcement of the provisions of this chapter. It
shall be the duty of the Building Inspector, who shall be appointed
by the Village Board, to enforce the provisions of this chapter and
of all rules, conditions and requirements adopted or specified pursuant
thereto.
B.
Right to enter. The Building Inspector, or duly authorized
assistant(s), shall have the right to enter any building or enter
upon any land at any reasonable hour as necessary in the execution
of their duties, provided that:
[Amended 6-13-2017 by L.L. No. 5-2017]
(1)
The Building Inspector shall notify the owner and
tenant before conducting any interior inspection.
(2)
The Building Inspector, or his duly authorized assistant(s),
shall display proper identification upon commencing an inspection.
(3)
Inspections shall be commenced in the presence of
the owner or his representative or tenant.
C.
Maintain files of applications. The Building Inspector
shall maintain files, open to the public, of all applications for
building permits along with plans submitted therewith, as well as
final certificates and permits.
[Amended 6-13-2017 by L.L. No. 5-2017]
D.
Maintain records of complaints. The Building Inspector
shall also maintain records, open to the public, of every complaint
of a violation of the provisions of this chapter, as well as action
taken as a result of such complaints. All complaints shall be in writing
and signed by the individual making the complaint.
[Amended 6-13-2017 by L.L. No. 5-2017]
E.
Make regular written reports. The Building Inspector
shall submit to the Village Board, for insertion in the Board minutes,
a written report summarizing for the month all building permits and
certificates of occupancy issued by him, as well as complaints of
violation and action taken as a result of such complaints.
F.
Coordinate activities. The Building Inspector shall
coordinate these activities with the activities of other applicable
Village agencies, such as Public Works, the Water Department, Village
Engineer and Village Attorney.
A.
Violation. Pursuant in § 7-714 of the Village Law, violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be considered an offense punishable by a fine as set forth in Chapter 1, Article II, General Penalty.
[Amended 7-6-1999 by L.L. No. 3-1999]
B.
Responsibility. The owner, general agent or contractor
of a building, premises or part thereof where such a violation has
been committed or does exist shall be guilty of such an offense.
C.
Complicity. Any agent, contractor, architect, builder,
corporation or other person who commits, takes part or assists in
such violation shall also be guilty of such an offense.
D.
Continuance. Each day's continued violation shall
constitute a separate additional violation. Such period shall be deemed
to have begun 10 days after written notice, evidenced by postmark
or certification of service, by the Building Inspector, setting forth
the applicable regulations and the elements of the offense, such notice
to be certified mail, return receipt requested, or by personal service.
[Amended 6-13-2017 by L.L. No. 5-2017]
E.
Separate legal action. The imposition of penalties
herein prescribed shall not preclude the Village or any person from
instituting appropriate legal action or proceeding to prevent an unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use or to restrain, correct or abate a violation or
to prevent the illegal occupancy of a building, land or premises.
F.
Whenever the Building Inspector has reasonable grounds
to believe that work on any building or structure is proceeding in
violation of the provisions of the applicable building laws, ordinances
or regulations, or not in conformity with the provisions of an application,
plans or specifications upon which a building permit was issued, or
in any unsafe and dangerous manner, he shall notify the owner of the
property or the owner's agent or the person performing the work to
suspend all work, and any such person shall forthwith stop such work
and suspend all building activities until the stop order has been
rescinded, which notification shall be served upon the person to whom
it is directed, either by delivery of it personally to him or by posting
the same upon a conspicuous portion of the building under construction
and sending a copy of the same by registered mail to the address stated
in the application.
[Added 7-6-1999 by L.L. No. 3-1999]
