No person or entity shall commence or carry on any building
or construction work within the Village of Garden City, whether for
the erection of new buildings or structures or for the alteration,
enlargement or demolition of any existing buildings or structures,
without first obtaining a building permit from the Building Department.
No person or entity shall commence or carry on any plumbing,
drainage, heating, air conditioning, ventilating, refrigeration or
electrical work, or the installation of incinerators, generators or
elevators within the Village of Garden City unless such person or
entity first obtains a permit from the Building Department. Applications
submitted pursuant to this section shall be filed with the Building
Department along with duplicate copies of the plans and specifications,
and electronic submissions if required pursuant to Building Department
policy, and a nonrefundable application fee in the amount set by the
Board of Trustees. The specific materials and information required
for a complete application shall be determined by the Superintendent
of Buildings. The Building Superintendent shall review and approve
or deny each application received based on compliance with the Village
Code and all other applicable laws, codes and regulations.
The Building Department shall be entitled to collect the fees
set forth below in addition to any other fees authorized under this
Code or by law. Unless otherwise specified, the amount of each fee
listed shall be established, and may be amended from time to time,
by resolution of the Board of Trustees. All permit fees are nonrefundable.
A. Inspection
fee. Except as otherwise stated herein, the Building Department shall
perform routine site and work inspections free of charge. The Building
Department shall charge inspection fees for any project which is to
be built in separate phases or stages. The Building Department may,
in the discretion of the Building Superintendent, charge an inspection
fee for any inspection: (i) requested specially by the permit holder
and which the Building Department would not have ordinarily required;
(ii) which is made necessary as an inspection or reinspection of work
that was done incorrectly or without prior approvals; or (iii) which
is a third or subsequent reinspection of work that failed prior inspection.
The fees charged for inspections shall be set by resolution of the
Board of Trustees.
B. Certificate
of occupancy/completion fee. Prior to issuing a certificate of occupancy
for any building, structure or work, the Superintendent of Buildings,
or their designated agent, shall conduct a final inspection of all
work completed. Upon approval, a certificate of occupancy shall be
issued. No certificate of occupancy shall be issued until the permit
holder pays the Building Department a certificate of occupancy (final
inspection) fee. The same fee shall be collected prior to issuance
of a certificate of completion or a letter in lieu of a certificate
of occupancy or certificate of completion.
C. Permit extension fee. Whenever an applicant seeks to extend a permit
issued pursuant to this chapter, the permit holder shall first pay
the Building Department a permit extension fee.
D. Legalization fee.
[Amended 1-13-2022 by L.L. No. 1-2022]
(1) Whenever a permit holder or permit applicant or other person seeks
to legalize work, or is required to legalize work, that was or is
being performed without a permit required under this chapter, such
permit holder or permit applicant or other person shall pay a legalization
fee equal to three times the application fee. The legalization fee
shall be in addition to any and all other application and inspection
fees charged by the Department. No new permit for construction or
installation work, nor any certificate of occupancy, certificate of
completion or letter in lieu shall be issued until the legalization
fee for existing construction and/or installations and all other applicable
fees are paid in full.
(2) Notwithstanding the foregoing, for applications filed during the
period from February 1, 2022, through July 30, 2022, no legalization
fee shall be charged to any applicant or other person seeking to legalize
work, or who is required to legalize work that was or is being performed
without a permit required under this chapter.
E. Permit expiration fee. The Building Department may collect this fee
whenever a permit holder seeks to close out a permit which they failed
to close out prior to its expiration.
Permits issued pursuant to Chapter
99 of this Code shall expire six months after their date of issuance. The Superintendent of Buildings may extend such permits for an additional six months upon written request submitted prior to the original permit-expiration date.
The following conditions shall apply to all permits issued under
this chapter. All permits issued under this chapter shall make explicit
reference to this section of the Code.
A. Materials, tools, equipment and structures brought onto a work site
may be stored in the front yard of the site only after a permit or
permits have been issued and while construction activities are on-going.
If work has not commenced within 30 days after the date of permit
issuance, or if work stops for 30 days thereafter, all materials,
tools, equipment and structures shall be removed from the site or
relocated to the rear yard, or side yard(s) if adequately screened,
in such a manner that they are not visible from any public place.
Notwithstanding the preceding sentence, storage containers and pods
shall be removed or relocated after 10 days of inactivity on a work
site.
B. Construction and demolition debris, if stored on-site, shall be stored
in dumpsters and/or contractors bags of suitable quality that they
do not break or release the contents stored inside. Dumpsters and
contractors bags may be stored in the front yard of a work site only
while demolition activities are on-going. If demolition stops for
30 days or more, all dumpsters and contractors bags shall be removed
from the site or relocated to the rear yard, or side yard(s) if adequately
screened, in such a manner that they are not visible from any public
place.
C. Intermittent and immaterial activities on a work site shall not excuse compliance with Subsections
A or
B herein. In determining whether compliance with Subsection
A or
B is required in a given case, it shall be the discretion of the Superintendent of Buildings, or designated Village enforcement official, to decide whether meaningful construction and/or demolition activities have taken place or have reinitiated on a given work site.
All outstanding permits issued before January 1, 2015, shall expire on October 31, 2018, and shall not thereafter be eligible for any extension under §
68-3. All outstanding permits issued on or after January 1, 2015, but prior to the enactment of this chapter shall expire on October 31, 2018, unless extended under §
68-3. The Building Department shall publish notice of the enactment of this chapter on at least two occasions or before December 8, 2017. In addition, written notice of the enactment of this chapter shall be mailed to all known permit holders and permit applicants on at least one occasion on or before December 8, 2017. In the event any permit covered by this provision expires without evidence of completion of the permitted work, all deposits and other fees shall be deemed forfeited and the permit holder may be declared in violation of §
68-3E of this Code.