City of North Tonawanda, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of North Tonawanda 6-19-1972[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code — See Ch. 23.
Building Inspector — See Ch. 24.
[1]
Editor's Note: This chapter supersedes former Ch. 25, Building Permits, adopted 6-2-1958 and reenacted 7-5-1960.

§ 25-1 Issuance; application.

A. 
All building permits shall be issued by the Building Inspector or the Acting Building Inspector pursuant to and in accordance with § 1203.3 of the New York State Uniform Fire Prevention and Building Code for any and all work described in that section including, but not limited to, § 1203.3(b) and any concrete or blacktop flat work.
[Amended 5-4-1993; 8-2-2016]
B. 
Before any building permit shall be issued, an application shall be filed with the Building Inspector on such forms as he may prescribe, and, in addition thereto, each applicant shall file with the Building Inspector detailed plans and specifications as required hereunder.
[Amended 5-3-1994]
C. 
No building permit shall be issued unless the application and the plans and specifications as required herein shall affirmatively show that the applicant shall lay sidewalk in front of the premises to be constructed. The installation of the sidewalk shall be at the sole cost and expense of the applicant.
[Added 8-20-1973]
D. 
No building permit shall be required for a homeowner to replace the exterior siding of a residential building.
[Added 4-24-2001]

§ 25-2 Permit data.

The Building Inspector shall keep a complete record of the same, and such permits shall contain the name of the owner of the building and the date of the granting of the permit. The permit shall also state the side of the street on which the proposed structure is to be placed, built or rebuilt and the distance in feet of the lot from the nearest intersecting street measured from the lot line nearest to said intersecting street and the proposed location of the structure on the lot.

§ 25-3 Fees.

[Amended 2-6-1979; 5-3-1994; 3-2-2005; 12-20-2016]
A. 
Residential single family dwelling (new): $600 up to 3,000 square feet per building, and $750 over 3,000 square feet. For two or more dwelling units, add $180 for each additional dwelling unit.
B. 
All other nonresidential construction (new): $50 filing fee plus $7 per thousand or fractional part thereof based on contractor's quotes/contract prices, material receipt costs (doubled to include labor value for homeowner's projects) or on an estimate as determined by the Building Inspector.
C. 
Other construction permit fees shall be as follows:
(1) 
Structural, such as garages, sheds, additions, renovations, decks or similar work: filing fee of $50 plus $7 per thousand or fractional part thereof based on contractor's quotes/contract prices, material receipt costs (doubled to include labor value for homeowner's projects) or on an estimate as determined by the Building Inspector.
(2) 
Nonstructural, such as siding (removal and re-install), fences, roofing, vinyl replacement windows, HVAC, hot water tanks, above and in-ground pools-spas and insulation: filing fee of $35 plus $7 per thousand or fractional part thereof based on contractor's quotes/contract prices, material receipt costs (doubled to include labor value for homeowner's projects) or on an estimate as determined by the Building Inspector.
D. 
Signs and Billboards; $50 per 100 square feet or fractional part thereof plus the cost of installation, as determined by Subsection B.
E. 
The fee for installation or removal of gas, oil or storage tanks of any kind, whether located above or below ground, shall be based on the following capacity of such storage tanks: $100 each for a tank per 1,000 gallons capacity and $300 for tanks in excess of 1,000 gallons, plus costs from of demolitions fee schedule set out in Subsection B.
F. 
Demolition fees: the demolition fee is based upon the square footage of structure as follows:
1 to 200 square feet
$25 plus a fee as calculated in Subsection B
200 to 600 square feet
$50 plus a fee as calculated in Subsection B
600 square feet or more
$100 plus a fee as calculated in Subsection B

§ 25-3.1 Plan review fee.

[Added 5-3-1994; amended 3-2-2005; 12-20-2016]
A. 
A plan review fee in the amount of $50 shall be paid at the time of filing the plan application for residential, commercial or industrial building construction with the Building Inspector.
B. 
A sketch review fee in the amount of $25 shall be paid at the time of filing the sketch application for minor additions, decks, garages or similar work.
C. 
Notwithstanding Subsections A and B above, review fees will be considered part of the building permit fee if a building permit is issued within three months of application.
D. 
Residential electrical inspection fees. Permit fees are not included in the inspection fees. All electrical work by separate permit.
Inspection Fee
New 1 to 2 family dwellings < 2000 square feet
$200
New 1 to 2 family dwellings > 2000 square feet
$275
Multiple dwellings — (each unit)
$180
Alteration, repairs, or modifications to existing systems
Residential additions < 600 square feet
$100
Residential additions > 600 square feet
$125
Repair-remodel existing residential
$100
Minimum fee
$75
New service installation
$130
New service with including SD
$150
SD/CO installation only
$75
(flat fee)
New service with 10+ outlets including SD
$180
1 to 10 outlets including SD
$80
11 or more outlets including SD
$100
Accessory structure — garage/shed
$100
AC or other special equipment including SD/CO's
$100
Generators including gas line
$145
Above ground swimming pool/spas
$90
In-ground swimming pools
$90
All fees include two inspections
Additional inspections
$80
All other work not listed shall be at a cost as determined by the Building Inspector with a minimum fee of
$75
E. 
Commercial electrical inspection fees. Permit fees are not included in the inspection fees. All electrical work by separate permit.
Inspection Fee
New service <400 amps
Without special equipment
$220
New service > 400 amps
Without special equipment
$250
Minimum fee
$95
Generator, AC or similar equipment
$145
1 to 10 outlets
$150
11 or more outlets
$250
Fire alarm system
$95
Emergency systems
$95
Commercial signs
$95
All other work not listed shall be at a cost determined by the Building Inspector with a minimum fee of
$95

§ 25-3.2 Other fees related to building construction.

[Added 5-3-1994; amended 3-2-2005]
A. 
Minimum permit fees shall be as follows:
(1) 
Structural, such as buildings, additions, decks, in-ground pools and tanks: $35.
(2) 
Nonstructural, such as siding, reroof, vinyl replacement windows, and signs: $20.
(3) 
All permit fees will be based on contractor's quotes/contract prices, material receipt costs (doubled for inclusion of labor value) or on estimates as determined by the Building Inspector.

§ 25-4 Filing of plans; moving of buildings.

No person shall erect, place or rebuild or attempt to erect, place or rebuild any building or part thereof unless and until he has filed with the Building Inspector a set of plans and specifications for such structure, showing the location thereof and the estimated cost, nor shall be commence or complete such structure without first having received the written permit of the Building Inspector authorizing him to do so, and such plans shall not be altered after a permit is issued without written approval of the Building Inspector. Whenever any building or other structure shall be moved from its location within the City of North Tonawanda to another location within said City, the Building Inspector shall issue a building permit for such new location. The fee to be paid shall be computed for any new construction necessarily made at the new location for the placing of said structure at said location. In addition to obtaining a building permit, the owner of said building or structure shall obtain necessary permits and clearances for such removal, from the Department of Public Works and the Police Department of the City of North Tonawanda, whenever such removal shall take place on, along or across any public highway in said City. All work authorized by the issuing of a building permit is subject to inspection by the proper authorities.

§ 25-4.1 Permits for multifamily dwellings.

[Added 10-6-1981]
A. 
No person shall erect, place or rebuild a multifamily dwelling or part thereof unless and until the City Planning Commission shall approve a site plan showing the location and specifications of such structure(s) and until such City Planning Commission shall approve storm- or surface water drainage plans for such structure(s). No building permit shall be issued for such multifamily dwelling until and unless the City Planning Commission has approved a site plan and storm- or surface water drainage plan.
B. 
Any person seeking a permit for such structure shall be required to submit such maps, surveys and documents as may be required by the City Planning Commission and shall conform to the development regulations as adopted by the City. Such plans, as approved by the City Planning Commission, shall not be altered after a permit is issued, and any multifamily dwelling erected shall conform to the order of the City Planning Commission.

§ 25-5 Inspection of records.

The plans, specifications, permits and all other data in relation thereto are hereby declared to be public records and shall be open to inspection at such fixed hours as may be designated by the Building Inspector. No privilege of inspection or examination of such records shall include the right to copy any plan or specification on file in the office of the Inspector, and the copying of any file, drawing, tracing, blueprint and the like is hereby forbidden.

§ 25-6 Expiration of permit; extensions.

A. 
No permit shall be in force after the expiration of six months from the date of the granting of the same unless within that time the person to whom said permit was issued has commenced the erection, placing or rebuilding of such structure upon the land on which permission was so granted, and the Clerk is hereby directed to advertise this ordinance as required.
B. 
No permit shall be in force after the expiration of one year from the date of the granting of the same. Should a permit expire, the grantee must contact the Building Inspector to seek an extension. Extensions are issued by the Building Inspector in six-month increments.
[Added 7-16-2003]

§ 25-7 Certificate of occupancy.

[Amended 5-3-1994]
No dwelling or other structure erected or constructed under the provisions of this ordinance shall be occupied or used for its intended purpose until such time as a certificate of occupancy has been issued by the Building Inspector. A certificate of occupancy fee will be charged in the amount of $25 for the construction of a single-family dwelling, and there will be an additional amount of $10 for each additional unit. Notwithstanding the above, there will be no charge for a certificate of occupancy if there is a present building permit in effect. Any person violating the provisions of this section shall be subject to a fine not to exceed $250.

§ 25-8 Late filing; failure to schedule inspections; penalties for offenses.

[Amended 5-3-1994]
A. 
Any person who shall commence construction of any building or other structure without first obtaining the required building permit shall be required to pay, as a penalty, a fee of twice the amount of the regular fee when making late application for such building permit. Whenever any person shall commence such construction without having first obtained a building permit, the Building Inspector shall stop all construction. Anyone failing to obtain a building permit within one business day after a stop-work order has been issued shall be subject to a fine not to exceed $250 in addition to payment of the double fee for such late filing.
[Amended 3-3-2004]
B. 
After commencement of work requiring a building permit, the permit holder shall schedule proper inspections as required by the Building Inspector or as stated in the building permit. A $100 fee shall be added to the cost of said building permit for failure to schedule required inspections. In addition to said additional fee, the permit holder shall be subject to a fine not to exceed $250.
[Added 3-2-2005]
C. 
Upon completion of work requiring a building permit. the permit holder must schedule a final inspection within 14 days of completion of the work. A fee of $100 shall be added to the cost of said building permit for failure to schedule said required final inspection. In addition to said additional fee, the permit holder shall be subject to a fine not to exceed $250.

§ 25-9 Severability.

If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

§ 25-10 When effective.

This ordinance shall take effect immediately.