[Amended 5-4-2021 by L.L. No. 5-2021]
A. Except as otherwise provided in Subsection
B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a building system, solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person, firm, corporation or other entity shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
B. No building permit shall be required for work in any of the following
categories:
(1) Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(such as townhouses);
(2) Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for water depth of less than 24 inches and are
installed entirely above ground;
(3) Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(4) Construction of temporary motion picture, television and theater
stage sets and scenery;
(5) Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(6) Installation of partitions or movable cases less than five feet nine
inches in height;
(7) Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(8) Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(9) Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire-protection
system for any period of time.
(10)
Patios, or other similar impervious surfaces, less than 200
square feet, that comply with all other chapters of the Village Code.
Patios constructed before the effective date of this amendment shall
be deemed legal.
C. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection
B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code or any applicable provisions of the Village Code.
D. Application for a permit shall be made on forms provided by the Village,
by the owner or lessee or the agent of either or by the architect,
engineer or builder employed in connection with the proposed work.
The application shall be signed by the owner of the property where
the work is to be performed or by an authorized agent of the owner.
E. The application shall include such information as the Building Inspector
deems sufficient to permit a determination by the Building Inspector
that the intended work complies with all applicable requirements of
the Uniform Code and the Energy Code. The application shall include
or be accompanied by the following information and documentation:
(1) A description of the proposed work;
(2) The Tax Map number and the street address of the premises where the
work is to be performed;
(3) The occupancy classification of any affected building or structure;
(4) Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code;
(5) At least three sets of construction documents (drawings and/or specifications)
which:
(a)
Define the scope of the proposed work;
(b)
Are prepared and signed by a New York State registered architect
or licensed professional engineer where so required by the Education
Law or otherwise signed by the person responsible for the design and
drawings;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed, including, but not limited to, description of
the size of all proposed new construction and all materials to be
incorporated and, where required by the Building Inspector, details
of structural, plumbing, mechanical and electrical work, including
computations, stress diagrams and other essential data; and
(d)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code;
(7) A plot plan or site plan where applicable, drawn to scale, showing
the location and size of all proposed new construction as well as
the location of all existing buildings and structures on the site,
distances from lot lines, the relationship of structures on adjacent
property, the widths and grades of adjoining streets, walks and alleys,
watercourses, easements and utilities on the property and the location
of any existing or proposed well or septic system;
(8) Applications shall be accompanied by a statement that the work shall
be performed in compliance with the Uniform Code and the Energy Code;
(9) Any other items required by the Building Department's checklist,
as same may be amended.
F. Applications shall be accompanied by the required fee, as set forth in §
90-23 of this chapter.
G. All statements in the application for a building permit shall be
subject to affirmation under oath. Each application shall indicate
the estimated cost of the project. If, in the judgment of the Building
Inspector, the stated estimated cost is manifestly incorrect, the
Building Inspector may employ an architect or engineer to make an
independent estimate of the cost of the proposed project, and the
expense of such estimate shall be paid by the applicant. "Estimated
cost" shall mean the reasonable market value of all labor, materials,
equipment and professional services entering into and necessary for
the prosecution of the proposed project, including all property improvements,
except the cost of the land and landscaping. The Building Inspector
shall require the applicant to submit a notarized affidavit of final
cost of construction and pay the adjustments in the building permit
fee.
H. If any person, firm, corporation or other entity commences any work
requiring a building permit hereunder prior to application for, and
issuance of, such building permit, the property owner shall be subject
to additional permit fees to cover costs of inspections, administrative
processing, and continued monitoring for compliance with the Uniform
Code and/or the Energy Code. In the event work requiring a permit
has commenced prior to the issuance of a building permit, an additional
permit fee shall be added to the standard computed building permit
fee, consisting of the lesser amount of i) the maximum administrative
fee, defined by a resolution of the Board of Trustees and published
in the Master Fee Schedule as may be amended from time to time, and
ii) the dollar value that would have otherwise been assessed had proper
application for a permit been made. For clarity, the resulting calculated
fee shall thus be twice the standard building permit fee, but such
calculated fee shall not exceed the standard fee plus the maximum
administrative fee. The Building Department and any Code Enforcement
Officer shall have authority to compel the restoration, to the original
condition, of any work performed prior to the lawful issuance of such
permit.
When it is proposed to move any building over
a street, roadway or public place, the applicant for a building permit
shall provide a surety bond satisfactory to the Board of Trustees.
Such bond shall be conditioned upon the payment for any and all damage
to persons or property, caused directly or indirectly by such moving,
and upon releasing the Village, its agents and employees from any
claims arising from such work, and further conditioned on the faithful
performance of the work, strictly in accordance with this chapter
and the Codes of the State of New York. When any demolition work is
to be performed along a sidewalk or other place where the public is
required or permitted to pass, a similar bond shall be provided.
Whenever the plans accompanying an application
are for a building which, in the opinion of the Building Inspector,
is of a complex or unusual design, the Building Inspector may, in
his or her discretion, issue the building permit subject to the condition
that an architect and/or engineer be employed by the owner or contractor,
to supervise all shop and field work to be done under the building
permit issued. It shall be the duty of the architect and/or engineer
to see that the work, as installed, conforms to the approved plans
and specifications, and forthwith upon the completion of the project
to make and file with the Building Inspector an affidavit or affidavits
stating that there has been compliance with all inspection requirements
and that the work has been completed in accordance with the approved
plans and specifications, and in compliance with all the provisions
of this chapter and the Codes of the State of New York.
The chief of any fire department providing fire-fighting
services for a property within the Village shall promptly notify the
Building Inspector of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
The Building Inspector shall review and investigate
complaints which allege or assert the existence of conditions or activities
that fail to comply with the Uniform Code, the Energy Code, this chapter,
any applicable provision of the Village Code or any other local law
or regulation adopted for administration and enforcement of the Uniform
Code or the Energy Code. The process for responding to a complaint
shall include such of the following steps as the Building Inspector
may deem to be appropriate:
A. Performing an inspection of the conditions and/or
activities alleged to be in violation and documenting the results
of such inspection;
B. If a violation is found to exist, providing the owner
of the affected property and any other person who may be responsible
for the violation with notice of the violation and opportunity to
abate, correct or cure the violation, or otherwise proceeding in the
manner described in this chapter;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated
or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such report with the complainant,
the owner of the property, the Mayor and the Village Board.