§ 70-14. Application
for building permit.
A. No
person shall commence the erection, construction, enlargement, alteration,
repair, removal, improvement, demolition, conversion, or change in the nature
of the occupancy of any building or structure, or cause the same to be done,
without first obtaining a separate building permit from the Code Enforcement
Officer for each such building or structure; except that no fee shall be
required for a building permit, for the performance of ordinary repairs which
are not structural in nature.
B. Application
to Code Enforcement Officer by owner or owner's agent; required
information.
(1) Application
for a building permit shall be made to the Code Enforcement Officer on forms
provided by him and shall contain the following information:
(a) A
description of the land on which the proposed work is to be done.
(b) A
statement of the use or occupancy of all parts of the land and of the building
or structure.
(c) The
valuation of the proposed work.
(d) 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.
(e) A
brief description of the nature of the proposed work.
(f) A
duplicate set of plans and specifications as set forth in Subsection C of this
section.
(g) Such
other information as may reasonably be required by the Code Enforcement Officer
to establish compliance of the proposed work with the requirements of the
applicable provisions of the Building Codes of New York, building laws,
ordinances, rules and regulations.
(2) 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. Each
application for a building permit shall be accompanied by duplicate copies of
plans and specifications, including a plot plan drawn to scale, showing the
location and size of all proposed new construction and all existing structures
on the site, the nature of the work to be performed and the materials to be
incorporated, distance from lot lines, the relationship of structures on
adjoining property, widths and grades of adjoining streets, walks and alleys,
and where required by the Code Enforcement Officer, details of structural,
mechanical, and electrical work, including computations, stress diagrams and
other essential technical data. Plans and specifications shall bear the
signature of the person responsible for the design and drawings. The Code
Enforcement Officer may waive the requirement for filing plans.
D. Amendments
to the application or to the plans and specifications accompanying the same may
be filed at any time prior to the completion of the work, subject to the
approval of the Code Enforcement Officer.
E. Each
application for a building permit shall be accompanied by proof of workers'
compensation insurance and disability benefits coverage or an affidavit that
the applicant has not engaged an employer or any employees to perform work
relating to the building permit.
§ 70-15. Issuance of
building permit by Code Enforcement Officer.
A. The
Code Enforcement Officer shall examine or cause to be examined all applications
for permits and the plans, specifications and documents filed therewith. He
shall approve or disapprove the application within a reasonable time.
B. Upon
approval of the application and upon receipt of the legal fees therefor, he
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.
C. Upon
the approval of the application, both sets of plans and specifications shall be
endorsed with the word "approved." One set of such approved plans and
specifications shall be retained in the files of the Code Enforcement Officer
and 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 Code
Enforcement Officer or his authorized representative at all reasonable
times.
D. If
the application together with plans, specifications and other documents filed
therewith describe proposed work which does not conform to all of the requirements
of the applicable building and zoning regulations, the Code Enforcement Officer
shall disapprove the same and shall return the plans and specifications to the
applicant. The Code Enforcement Officer shall cause such refusal, together with
the reasons therefor, to be transmitted to the applicant in writing.
E. Where
the Code Enforcement Officer refuses to grant a permit and the application is
referred or appealed to the Board of Appeals, a building permit shall be issued
by the Code Enforcement Officer when and if directed so to do by the Board of
Appeals and upon such terms and conditions as may be prescribed by such
Board.
§ 70-16. Performance of
work under building permit.
A. A
building permit shall be effective to authorize the commencing of the work for
a period of six months after date of its issuance. A building permit shall
expire one year after date of issuance unless the Code Enforcement Officer
finds that the work is being diligently and reasonably prosecuted and in which
case an extension or extensions may be granted by him for two periods not
exceeding six months each. Any additional extension can only be granted by the
Planning Board.
B. The
issuance of a building permit shall constitute authority to the applicant to
proceed with the work in accordance with the approved plans and specifications
and in accordance with the applicable building laws, ordinances or regulations.
All work shall conform to the approved application, plans and
specifications.
§ 70-17. Building
permit fees.
A. Upon
the filing of an application for a building permit, the applicant shall pay a
fee as set from time to time by resolution of the Board of Trustees.
B. Applicants
to the Board of Trustees, Zoning Board or Planning Board will be required to
reimburse the Village for the cost of engineering, planning, legal, technical
or environmental consultants needed to review any application. If the Village
refers an application to a professional employed by the Village, the applicant
may be charged for a fee for the time of the Village employee.
§ 70-18. Revocation of
building permit.
The Code
Enforcement Officer may revoke a building permit theretofore issued and
approved in the following instances:
A. Where
he finds that there has been any false statement or misrepresentation as to a
material fact in the application, plans or specifications on which the building
permit was based.
B. Where
he finds that the building permit was issued in error and should not have been
issued in accordance with the applicable law.
C. 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.
D. Where
the person to whom a building permit has been issued fails or refuses to comply
with a stop order issued by the Code Enforcement Officer.
§ 70-19. Stop orders.
Whenever the
Code Enforcement Officer has reasonable grounds to believe that work on any
building or structure is being prosecuted in violation of the provisions of the
Building Codes of New York or other applicable building laws, ordinances, rules
or regulations, or not in conformity with 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 a copy of the same by registered
mail.
§ 70-20. Right of
entry.
Any building
official, upon the showing of proper credentials and in the discharge of his
duties, may enter upon any buildings, structure or premises at any reasonable
hour, and no person shall interfere with or prevent such entry.
