No building, structure or sign in any district
shall be erected, added to, moved or structurally altered without
a building permit duly issued upon application to the Building Inspector.
No building permit shall be issued unless the proposed construction
or use is in full conformity with all the provisions of this chapter
or any other applicable law. Any building permit issued in violation
of the provisions of this chapter shall be null and void and of no
effect, and any work undertaken or use established pursuant to any
such permit shall be unlawful.
A. Application. Application for a building permit shall
be made to the Building Inspector on forms provided and shall contain
the following information:
(1) The full name and address of the owner and of the
applicant and the names and addresses of their responsible officers,
if any of them are corporations.
(2) The valuation of the proposed work.
(3) Such other information as may reasonably be required
by the Building Inspector to establish compliance of the proposed
work with the requirements of the applicable building laws, ordinances
and regulations.
B. Owner's authorization. Applications shall be made
by the owner or lessee, or agent of either, or by the architect, engineer
or builder employed in connection with the proposed work. Where such
application is made by a person other than the owner, it shall be
accompanied by an affidavit of the owner or applicant that the proposed
work is authorized by the owner and that the applicant is authorized
to make such application.
C. Plans and specifications.
(1) Content. Each application for a building permit shall
be accompanied by duplicate copies of plans and specifications indicating
the nature and character of the work to be performed and the materials
to be incorporated, the details of structural, mechanical and electrical
work, including computation, stress diagrams, and other essential
technical data.
(2) Signature. Plans and specifications shall bear the
signature of the person responsible for the design and drawing.
(3) Waving of requirements. The Building Inspector may
waive the requirements for filing architectural plans.
(4) Amendment. Amendments to the application or plans
and specifications accompanying the same may be filed at any time
prior to the completion of the work, subject to approval of the Building
Inspector.
D. Plot plan.
(1) Every application for a building permit shall be accompanied
by the plot plan drawn to scale showing:
(a)
The actual shape, dimensions, radii, angles
and area of the lot on which the building is proposed to be erected
or the lot on which it is situated, if an existing building.
(b)
The section, block and lot numbers as they appear
on the official assessment records.
(c)
The exact size and location on the lot of the
proposed building or buildings or alterations of an existing building
and of the other existing buildings on the same lot.
(d)
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 or on adjacent property.
(e)
The existing and currently intended use of all
buildings, existing or proposed, the use of the land and the number
of dwelling units the building is designed to accommodate.
(f)
The widths and grades of adjoining and/or traversing
streets, walks and alleys.
(g)
Such topographic or other information with regard
to the building, the lot or neighboring lots as may be necessary to
determine that the construction will conform to the provisions of
this chapter. No foundation will be constructed which requires blasting.
(h)
Information on percolation tests taken at suitable
intervals and information as to the depth to the water table where
the applicant proposes new construction or new or expanded septic
systems. Such test and septic design shall be performed by a New York
State licensed engineer. No permit shall be used for any septic system
unless the Town Engineer or his designee shall have witnessed the
percolation and deep soil tests performed onsite and approved the
results of such tests.
[Amended 2-24-1999 by L.L. No. 2-1999]
(2) The Building Inspector may vary or waive the above
requirements in the case of any accessory agricultural buildings.
E. Building permit and other associated fees shall be set from time to time by the Town Board in Chapter
A212, Fees.
[Amended 5-23-1990; 8-11-1993 by L.L. No. 2-1993; 11-6-1996 by L.L. No.
4-1996; 4-8-1998 by L.L. No. 1-1998]
F. Frontage and access. No building permit shall be issued
for the construction or alteration of any building upon a lot without
frontage upon or at least legal permanent access to a street improved
to the satisfaction of the Planning Board and meeting all the requirements
of § 280-a of the Town Law. No building permit may be issued
for any new construction other than additions or alterations until
a curb cut permit or a highway entrance permit has been obtained from
such highway authority as has the jurisdiction over the road frontage.
G. Uses permitted upon site plan approval by the Planning
Board. No building permit shall be issued for any building where the
use is subject to site plan approval by the Planning Board, except
in conformity with such authorization and the plans approved by said
Board.
H. Variance. No building permit shall be issued for a
building for which a variance has been granted by the Board of Appeals,
except in conformance with the conditions established by said Board.
I. Duplicate documentation. The application and all supporting
documentation shall be submitted in duplicate.
J. Issuance of building permit. The Building Inspector
shall examine or cause to be examined all applications for permits
together with the plans, specifications and documents filed therewith.
(1) 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 (unless subject to site plan
review by the Planning Board).
(2) Approval. Upon approval of the application (the legal
fees having been properly paid beforehand), the Building Inspector
shall issue a building permit to the applicant upon the form prescribed
by him and shall affix his signature or cause his signature to be
affixed thereto. Both sets of plans and specifications shall be endorsed
with the word "APPROVED."
(3) File copy. One set of such approved application, plans
and specifications shall be retained in the files of the Building
Inspector.
(4) Inspection copy. The other set shall be returned to
the applicant, together with the building permit, and shall be kept
at the building site open to inspection by the Building Inspector
or his authorized representative at all reasonable times.
K. Denial of building permit. If the application, together
with plans, specifications and other documents filed therewith, describe
proposed work which does not conform to all the requirements of the
applicable building regulations, the Building Inspector shall disapprove
the same and shall return the plans and specifications to the applicant.
The Building Inspector shall state, in writing, the reasons for such
denial.
L. Performance of work under building permit. The issuance
of a building permit shall constitute authority to the applicant to
proceed with the work in conformance with the approved specifications
and in accordance with the applicable building laws, ordinances or
regulations.
M. Expiration. Every building permit shall expire if
the work authorized has not commenced within six months after the
date of issuance. The Building Inspector may authorize, in writing,
an additional six-month extension of the permit. Thereafter no further
work may be undertaken without a new building permit and appropriate
fee.
[Amended 8-1-1993 by L.L. No. 2-1993]
N. Revocation of building permit. The Building Inspector
may revoke a building permit theretofore issued and approved in the
following Instances:
(1) Where he finds that there has been any false statements
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
(2) Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
(3) Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
(4) Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
O. Stop order. Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations, or not in conformity with all the
provisions of an application, plans or specifications on the basis
of which a building permit was issued, or in an 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 persons shall forthwith stop such work and suspend all building
activities until the stop order has been rescinded. Such order and
notice shall be in writing, shall state the conditions under which
the work may be resumed, and may be served upon a person to whom it
is directed either by delivering it personally to him, or by posting
the same upon a conspicuous portion of the building under construction
and sending him a copy of the same by registered mail.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances or
regulations, the Building Inspector may require the same to be subjected
to tests in order to furnish proof of such compliance.
There is hereby designated in the Town of Greenville
a public official to be known as the "Building Inspector," who shall
be appointed by the Town Board at a compensation to be fixed by it.
A. Appointment of assistant building inspectors. The
Town Board may appoint one or more assistant building inspectors,
as the need may appear, to act under the supervision of the Building
Inspector and to exercise any portion of his powers and duties. The
compensation of such assistant building inspector shall be fixed by
the Town Board.
B. Acting Building Inspector. In the absence of the Building
Inspector or in the case of his inability to act for any reason, the
Supervisor shall have the power, with the consent of the Town Board,
to designate a person to act on the behalf of the Building Inspector
and to exercise all of the powers conferred upon him by the law.
C. Duties and powers of the Building Inspector.
(1) Administration and enforcement. Except as otherwise
specifically provided by law, ordinance or regulation or except as
herein otherwise provided, the Building Inspector shall administer
and enforce all the provisions of laws, ordinances and regulations,
applicable to the construction, alteration, repair, removal and demolition
of buildings and structures and the installation and use of materials
and equipment therein and the location, use, occupancy and maintenance
thereof; such administration and enforcement is to be in accordance
with the most strict interpretation of all pertinent laws, ordinances
and regulations.
(2) Issuance of permits and certifications. He shall receive
applications and issue permits for the erection, alteration, removal
and demolition of buildings or structures or parts thereof and shall
examine the premises for which such applications have been issued,
for the purpose of ensuring compliance with laws, ordinances and regulations
governing building construction and, upon application, of certifying
fitness for occupancy.
(3) Ensurance of compliance. He shall issue all appropriate
notices or orders to remove illegal or unsafe conditions, to require
the necessary safeguards during construction and to ensure compliance
during the entire course of construction with the requirements of
such laws, ordinances or regulations.
(4) Inspection. The Building Inspector shall make all
inspections which are necessary or proper for the carrying out of
his duties, except that he may accept written reports of inspection
from assistant building inspectors or other employees of the Building
Department or from generally recognized or authoritative service and
inspection bureaus, provided that the same are certified by a responsible
official thereof. The Building Inspector or his duly authorized assistant(s),
upon the showing of proper credentials and in the discharge of his
duties, may enter upon any building, structure or premises at a reasonable
hour, and no person shall interfere with or prevent such entry.
(5) Tests. Whenever the same may be necessary appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, the Building Inspector
may require the performance of tests in the field by experienced,
professional persons or by accredited and authoritative testing laboratories
or service bureaus or agencies.
(6) Final grades. With the assistance of the Town Engineer
where necessary, the Building Inspector has the power to control the
final grades on any property.
(7) Complaints of violations. Whenever a violation of
this chapter occurs, any person may file a complaint in regard thereto.
All such complaints must be written, signed by the complainant and
filed with the Building Inspector. The Building Inspector shall keep
a record of every identifiable complaint of a violation of any of
the provisions of this chapter and of the action taken consequent
to each complaint, which records shall be public records.
The Building Inspector may request and shall
receive, so for as may be necessary in the discharge of his duties,
the assistance and cooperation of the Police, Fire and Health Departments
or officers and of all other municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
All applications to the Board of Appeals shall
commence with the Building Inspector, (Zoning Officer), by application
for a permit, either for a structure or a use, for a particular parcel.
The Building Inspector will then advise the applicant that the permit
or use are denied because of nonconformance with this chapter and
the sections of this chapter which set conforming standards. For all
denials, (except those of a prohibited use), the Building Inspector
shall transmit to the Board of Appeals a letter citing the denial
of permit or use, for the parcel, (identified by owner, section, block
and lot) and the sections of this chapter causing such denial. A copy
of this letter shall be sent to the Planning Board for reference purposes.
In their interpretation and application, the
provisions of this law shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare. Except where specially provided to the contrary,
it is not intended by this chapter to repeal, abrogate, annul or in
any way to impair or interfere with any rules, regulations or permits
previously adopted or issued or which shall be adopted or issued pursuant
to law relating to the use of buildings, structures, shelter or premises;
nor is it intended by this chapter to interfere with or abrogate or
annul any easements, covenants or other agreements between parties;
provided, however, that where this chapter imposes a greater restriction
upon the use of building or premises or requires larger open spaces
than are imposed or required by any other statute, ordinance, rule,
regulation or permit or by any easement or agreement, the provisions
of this chapter shall control. In the event of any conflict between
any provisions of this chapter, the more restrictive provisions shall
control.