[Added 7-21-2003 by L.L. No. 4-2003]
Where construction or other work requiring the issuance of a building permit pursuant to § 48-15 or a plumbing permit pursuant to § 48-30 of the Village Code is commenced prior to the issuance of the required permit, the fee for such construction or other work shall be as set forth in the following sections.
When the permit is applied for within one year
after the date the construction or other work is commenced, the fee
payable shall be calculated as follows:
A.
For a primary building or structure, the fee shall
be two times the amount which would have been payable if the application
had been filed and the permit issued prior to the start of the construction
or other work.
B.
For an accessory building or structure, the fee shall
be three times the amount which would have been payable if the application
had been filed and the permit issued prior to the start of the construction
or other work.
When the permit is applied for more than one
year after the date the construction or other work is commenced, the
fee payable shall be calculated as follows:
A.
For a primary building or structure, the fee shall
be three times the amount which would have been payable if the application
had been filed and the permit issued prior to the start of the construction
or other work.
B.
For an accessory building or structure, the fee shall
be five times the amount which would have been payable if the application
had been filed and the permit issued prior to the start of the construction
or other work.
A.
To determine the date the construction or installation
was commenced, or the date the improvement was sufficiently completed
to warrant the issuance of a certificate of occupancy or other documentation
of completion, the evidence and documents to be considered shall include,
when available, the following:
(1)
Agreement with the property owner.
(2)
Surveys showing the property with and without the
improvement.
(3)
Bills and receipts pertaining to the construction
or improvement.
(4)
Photographs.
(5)
Affidavits of persons with personal knowledge.
(6)
Construction materials.
(7)
Other pertinent information.
B.
Regardless of the evidence or documentation submitted,
the burden of proving the date the improvement was constructed or
installed shall always be on the property owner. If the Building Inspector
concludes that insufficient proof has been submitted, the Building
Inspector shall determine, based upon the best information available,
the date the construction or installation was commenced.
The property owner shall have the right to appeal
any determination of the Building Inspector to the Zoning Board of
Appeals in accordance with the procedures set forth in § 48-80
of the Village Code.
A.
When an application for a zoning variance involves
existing construction or improvements for which a permit was required
and not obtained, the application submitted to the Zoning Board shall
include a determination by the Building Inspector of the permit fee
payable.
B.
As part of the variance application, the property
owner may appeal the fee determined by the Building Inspector to be
payable.
C.
When a determination of the fee payable has been appealed to the Zoning Board of Appeals, the Board may affirm the fee as determined, or reduce the amount in whole or in part based upon the equities of the situation and the reason why the permit was not obtained prior to commencement of the construction or other work. In no event shall the fee be reduced below the amount which would have been payable if the application had been filed and the permit issued prior to the start of the construction or other work, or, as regards an appeal under § 48-22.7B, below, the amount payable pursuant to § 48-22.7A(1).
D.
The determination of the Zoning Board of Appeals regarding
the fee shall be set forth in a decision of the Board or included
in the decision regarding the variance if one is applied for.
E.
In reviewing an appeal of the amount of the fee set
by the Building Inspector, the Zoning Board of Appeals may consider,
in addition to the evidence and documentation presented to the Building
Inspector, the following:
(1)
Any additional evidence or documentation which is
available.
(2)
Whether the construction or installation was completed
prior to ownership of the property by the applicant.
(3)
Whether the applicant knew that a permit was required.
(4)
Whether the improvement was constructed by the owner
or a contractor.
(5)
Whether the improvement was constructed or installed
in connection with an emergency situation which precluded or affected
the timely filing of a permit application.
(6)
Any fine imposed in the Village Justice Court pertaining
to the same improvement.
A.
Where a permit is applied for and issued for an improvement,
but a certificate of occupancy or other documentation of completion
is not obtained following sufficient completion of the improvement
to warrant the issuance of a certificate of occupancy or other documentation
of completion, the fee payable to obtain a certificate of occupancy
or other documentation of completion shall be the total of the following
amounts:
(1)
The amount payable pursuant to Chapter A142 of the Village Code to obtain a certificate of occupancy.
(2)
The amount determined in accordance with the calculations set forth in § 48-22.2 or § 48-22.3, above, whichever is applicable, determined as though a permit had not been obtained and based upon the date the improvement was sufficiently completed to warrant the issuance of a certificate of occupancy or other documentation of completion, less any amount paid to obtain the original permit, but not any extension thereof.
B.
The right of appeal and the procedure on appeal, including
the criteria applicable thereto, as stated above for a permit, shall
apply as regards the fee payable in connection with the issuance of
a certificate of occupancy or other documentation of completion.
The provisions of this article shall not apply
to any work commenced and substantially completed prior to September
30, 2003.
