Village of Lake George, NY
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lake George as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 86.
Fire prevention — See Ch. 106.
Flood damage prevention — See Ch. 114.
Sewer use — See Ch. 166.
Streets and sidewalks — See Ch. 186.
Zoning — See Ch. 220.
[Adopted 12-2-1963[1]]
[1]
Editor's Note: Designated as an amendment to Ord. No. 153, which ordinance accepted the applicability of the State Building Construction Code.
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, remove, covert, demolish or excavate for any building or structure within the limits of the Village or cause the same to be done without first obtaining a separate building permit for each such structure or building or demolition, approved by the Village Board and signed by the Mayor and the Village Clerk or a duly authorized Building Inspector, when appointed.
To obtain a permit, the applicant shall first complete and file an application therefor in writing with the Board of Trustees or the Building Inspector, in the event the officer is hereafter appointed in said Village, in duplicate and on a form furnished for that purpose by the Village. Every application shall:
A. 
State the name of the owner of the property.
B. 
Describe the location, address and proposed use and occupancy.
C. 
Be accompanied by plot plans and plans and specifications as hereinafter required.
D. 
State the valuation of the proposed work.
E. 
Provide such other information as may reasonably be required by the Board of Trustees.
F. 
Be accompanied by the required permit fee as prescribed by § 78-9 hereof.
A. 
Each application for a permit shall be accompanied by a duplicate plot plan diagram and duplicate plans and specifications, with the exception that plans and specifications need not be submitted for small and unimportant or minor work or demolition when this requirement has been expressly waived by the Board of Trustees at the time of or after the filing of the application.
B. 
The plot plan shall include a scaled location of the property and the proposed building and of every existing building on the property; and the plans and specifications shall be drawn to scale and be of sufficient detail and clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of all pertinent and relevant laws, ordinances, rules and regulations of the Village and the New York State Building Construction Code.[1]
[1]
Editor's Note: A copy of the State Building Construction Code is available for examination in the office of the Village Clerk.
The application, plans and specifications filed by an applicant for a permit shall be checked by the Village Board of Trustees or a duly authorized Building Inspector of the Village. If the work described in an application for a permit and the plans filed therewith conform to the requirements of all pertinent and relevant laws, ordinances, rules and regulations of the Village, a permit therefor shall be issued to the applicant by the Board of Trustees or the Building Inspector, in the event authority therefor is hereafter established. When the permit is issued, there shall be endorsed in writing or stamped on both sets of plans and specifications "APPROVED BY THE VILLAGE OF LAKE GEORGE." Such approved plans and specifications shall not be changed, modified or altered without authorization therefor, and all work shall be done in accordance with the approved plans and specifications.
One set of approved plans, specifications and computations shall be retained by the Village for its files. One set of approved plans shall be returned to the applicant and shall be kept at such building or work at all times during which the work authorized thereby is in progress and until such work is completed.
At the time of the issuance of a building permit, there shall also be issued to the applicant either a duplicate copy of the building permit or a building permit placard which must be conspicuously posted on the premises where the work is authorized at all times during the progress of the work and until it is completed.
A. 
The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the laws, ordinances, rules and regulations of the Village. No permit presuming to give authority to violate or cancel the provisions of such laws, ordinances, rules and regulations shall be valid, except insofar as the work or use which it authorizes is lawful.
B. 
The issuance of a permit based upon plans and specifications shall not prevent the Village from thereafter requiring the correction of errors in said plans and specifications or from preventing building or construction operations being carried on thereunder when in violation of any laws, ordinances, rules and regulations of the Village.
A. 
Every permit issued hereunder shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 90 days from the date of the issuance of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 90 days. Before such work can be recommenced a new permit shall first be obtained, and the fee therefor shall be 1/2 the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year.
B. 
Every building permit issued hereunder shall expire by limitation and become null and void one year from the date it is issued unless due application is made to the Village for an extension of the duration of the permit and written approval is obtained and endorsed by the Village on the original permit, any such extension of the duration of a permit not to exceed six months.
A. 
Before a building permit is issued, a permit fee therefor shall be paid to the Village as set forth in the following table:
Valuation of Construction, Work, Improvement, Etc.
Permit Fee
Less than $1,000
$2
More than $1,000 to and including $5,000
$5
More than $5,000 to and including $10,000
$10
More than $10,000 to and including $20,000
$20
More than $20,000 to and including $50,000
$40
More than $,50,000
$50
Plus $1 per thousand over $50,000
B. 
Where work for which a permit is required is started or proceeded with prior to obtaining such permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements hereof in the execution of the work nor from any other penalties prescribed herein.
All construction work for which a permit is required shall be subject to inspection by the Village and any duly authorized official or inspector thereof to ascertain compliance with the applicable laws, ordinances, rules and regulations of the Village and any other existing state or municipal requirement.
Whenever any work is being done contrary to or in violation of the laws, ordinances, rules and regulations of the Village, the Board of Trustees or duly authorized Building Inspector may order the work stopped by causing a notice, in writing, to be served upon any persons engaged in doing such or causing such work to be done, and any such persons shall forthwith stop such work until proper authorization has been received to proceed with the work.
Any person, firm or corporation convicted of violating any of the provisions of this article or any part thereof shall be punishable by a fine not exceeding $100 for each offense; and in addition to such fine, the person violating the same shall be a disorderly person, and such violation shall constitute disorderly conduct, and such person shall be a disorderly person. Each and every day or portion thereof during which any violation of the provisions of this article is committed, continued or permitted shall constitute a separate offense hereunder.
[Adopted 10-7-1974 by L.L. No. 1-1974]
[Amended 8-17-1992 by L.L. No. 9-1992]
A. 
The Board of Trustees of the Village of Lake George finds that excessive uniformity, dissimilarity, inappropriateness or poor quality of design and undesirable location of buildings on their sites and signs, erected within the business, commercial and residential areas of the Village, adversely affect the desirability of the immediate and neighboring areas and thereby impair the benefits of occupancy of existing property in such areas, produce degeneration of property with attendant deterioration of conditions affecting the health and safety of those persons living or working in such areas and destroy the proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor.
B. 
It is the purpose of this article to promote the character and appearance and conserve the property values of the Village, the attractiveness of whose residential and business areas is the economic mainstay of the community, by providing procedures for an architectural review of structures henceforth erected, reconstructed or altered in the Village, and thereby:
(1) 
To encourage good qualities of exterior building and sign design and good appearances and to relate such design and appearances to sites and surroundings of the structures.
(2) 
To permit originality and resourcefulness in building and sign design and appearances which are appropriate to the sites and surroundings.
(3) 
To prevent such design and appearances as are necessarily offensive to visual sensibilities.
C. 
This article defines procedures necessary to avoid results and to preserve and enhance the character, beauty and welfare of the Village and to ensure that the location and design of business, commercial and industrial buildings and signs in the Village shall be such as to aid in creating a balanced and harmonious composition of the whole and in the interrelation of its several parts.
[Amended 8-17-1992 by L.L. No. 9-1992; 3-15-1999 by L.L. No. 5-1999]
The Board of Trustees may engage a professional engineer or architect, as it sees fit, who would serve as consultant to the Planning Board in reviewing plans submitted for approval.
[Amended 8-17-1992 by L.L. No. 9-1992; 5-18-1998 by L.L. No. 2-1998; 3-15-1999 by L.L. No. 5-1999]
A. 
As soon as practical or, in any event, within three business days after determining that an application for a building or sign permit for the construction of any building, structure or sign complies with all provisions of this Code other than this article, the Building Inspector shall transmit to each member of the Planning Board a copy of any such application which comes under the following categories:
(1) 
Construction of any new building or structure or major addition thereto or the construction, erection and/or installation of a sign or signs.
(2) 
Substantial change in the exterior color of a building or facade as a result of painting, siding or other work.
B. 
Application must be accompanied by plans showing all elevations of a new structure and all affected elevations in the case of additions or alterations and/or plans showing the size, design, location, color and content of proposed signs with identification of the material from which the proposed sign is to be constructed.
C. 
Approval of any building or sign permit shall be made by a vote of at least a majority of the members of the Planning Board.
D. 
The Board may approve any application referred to it upon finding that the building, structure or sign for which the permit was requested, if erected, altered or installed in accordance with the submitted plans, would be in harmony with the purpose of this article; would not be visually offensive or inappropriate by reason of poor quality of exterior design, monotonous similarity or striking visual discord in relating to the sites or surroundings; would not mar the appearance of the area; would not impair the use, enjoyment and desirability and reduce the values of properties in the area; would not be detrimental to the character of the neighborhood; would not prevent the most appropriate development and utilization of the site or of adjacent lands; and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.
E. 
The Board may disapprove any application for a permit, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan, and provided that the Board finds and states that the structure for which the permit was requested would, if erected as indicated, provoke one or more of the harmful effects set forth in § 78-13.
[Amended 8-17-1992 by L.L. No. 9-1992; 3-15-1999 by L.L. No. 5-1999]
The Planning Board is charged with the duty of maintaining the desirable character of the Village and of disapproving construction, reconstruction and alteration of business, residential, commercial and industrial buildings and signs that are designed without consideration of the harmonious relation of the new or altered building or sign to such buildings and/or signs as already exist and the environs in which they are set. The Board is charged with the duty of exercising sound judgment and of rejecting plans which, in its opinion based upon study and advice, are out of character with the surrounding area because of proposed style, materials, mass, line, color, detail, content, placement upon the property or in relation to the spaces between buildings or the natural character of landscape and plantings or because the plans do not provide for the location and design of structures and open spaces so as to create a balanced and attractive composition as a whole and in the relation of its several parts and features to each other. The Board may direct that landscaping and planting plans be made a part of the application for the building permit before approval thereof.
[Amended 8-17-1992 by L.L. No. 9-1992; 3-15-1999 by L.L. No. 5-1999]
Any person aggrieved by a decision of the Planning Board in disapproving a building or sign permit application and of the Building Inspector in denying such permit because of such disapproval may appeal therefrom to the Board of Zoning Appeals of the Village, which Board is hereby granted power to hear and determine all such appeals. Appeals must be taken within 30 days after issuance of the order of the Planning Board denying any building or sign permit application and the filing of the same with the Building Inspector or within 30 days after the denial by the Building Inspector of any building or sign permit application because of such Board disapproval, whichever date is the later. In hearing said appeals, the Board of Zoning Appeals shall follow the same procedure used when hearing any appeal resulting from the denial by the Building Inspector of any building permit.
A. 
An applicant must file with the Board of Zoning Appeals a written notice of appeal, utilizing the form or forms, if any, prescribed by the rules of the Board of Zoning Appeals and specifying in reasonable detail the basis thereof. The said applicant must file copies of the said written notice of appeal with the Planning Board and with the Building Inspector.
[Amended 3-15-1999 by L.L. No. 5-1999]
B. 
The Board of Zoning Appeals, upon receipt of the notice of appeal and the record pertaining thereto, shall fix a reasonable time for the hearing of the appeal and shall give written notice thereof to the appellant, the Building Inspector, the Planning Board and to the Board of Trustees. At the hearing, any party aforementioned may attend and be heard in person or by an attorney or agent. Minutes of such proceedings on appeal shall be kept by the Board of Zoning Appeals for at least three years.
[Amended 3-15-1999 by L.L. No. 5-1999]
C. 
The decision of the Board of Zoning Appeals shall be in writing and shall be sent to all parties notified of the hearing, and the original copy shall be filed with the Clerk of said Board.
A. 
No person, firm or corporation shall construct, reconstruct or alter any building within the limits of the Village of Lake George if the building permit application for such work has been referred to the Planning Board for its approval unless and until said Board has approved such application and a building permit has been issued by the Building Inspector.
[Amended 3-15-1999 by L.L. No. 5-1999]
B. 
Each violation of this article shall be punishable by a fine of not more than $100, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to such fine, the violator shall pay all costs and expenses incurred by the Village in proving such violation.
C. 
In addition to the foregoing, each violation of this article shall constitute disorderly conduct, and every person violating the same shall be a disorderly person.