In applying and interpreting this chapter, its provisions shall
be held to be the minimum requirements adopted for the promotion of
the public health, safety, morals, comfort, convenience or the general
welfare. The following more specific regulations shall apply:
A.
Nothing contained in this chapter shall be taken to repeal, abrogate,
annul or in any way impair or interfere with the New York State Uniform
Fire Prevention and Building Code or any rules or regulations adopted
or issued thereunder or any other provisions of law or code or regulation
existing or as may be adopted in the future when not in conflict with
any of the provisions of this chapter; 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 when
this chapter imposes a greater restriction upon the use of buildings,
structures, premises, lots or land or upon the height of buildings
or structures or requires larger lots, yards, courts or other open
spaces than imposed or required by such other provisions of law, code
or regulation or by such easements, covenants or agreement, the provisions
of this chapter shall control.
B.
Wherever the provisions of any other law or code or regulation impose
a greater restriction than this chapter, the provisions of such other
law or code or regulation shall control.
C.
No provision contained in this chapter shall be construed as justifying
the encroachment of any building or structure within any street lines
now or hereafter laid down on any subdivision plat filed in the office
of the County Clerk or Village highway right-of-way.
A.
No building or structure shall be erected, constructed, reconstructed,
structurally altered, demolished or moved unless a building permit
authorizing the same shall have been issued by the Building Inspector.
No excavation for the erection, construction, reconstruction, structural
alteration, demolition or moving of any building or structure shall
be commenced unless such building permit shall have been issued. No
clearing of any lot or parcel shall occur except incident to and after
the issuance of a building permit. All procedures with respect to
applications for and issuance of building permits shall be in conformity
with the provisions of the Building Code. All such applications shall
be accompanied by such other information as may be necessary for the
enforcement of this chapter. No permit authorizing the demolition
of a building shall occur unless the applicant provides a current
title report approved as to form by the Village Attorney, enabling
identification of any mortgagee or lienholder encumbering the premises,
and the applicant further provides a written executed consent from
any said mortgagee and/or lienholder authorizing said demolition,
with any said consent in a form and substance approved by the Village
Attorney.
B.
Review of applications.
(1)
No building permit shall be issued for the erection, construction, reconstruction, structural alteration, demolition, restoration, repair or moving of any building or structure, or part thereof, unless the plans and intended use indicate that such building or structure is designated and intended to conform in all respects to the provisions of this chapter and, when approval of the Board of Historical Preservation and Architectural Review is required pursuant to Article XV of this chapter, said Board has issued its approval.
(2)
The Building Inspector shall review any application for a building
permit and determine whether:
(a)
The application is complete for his initial review.
(b)
The application complies with the requirements of the Village
Code.
(c)
Additional approvals are required from Village agencies, including
the Zoning Board of Appeals, Planning Board, Harbor Committee or Board
of Historic Preservation and Architectural Review.
C.
No building permit shall be issued where a lot or lots are formed from part of an existing lot, whether already improved or not, if the separation is effected in such a manner that any of the lots or any existing or proposed improvements thereon contravene the provisions or intent of this chapter or of the subdivision of land regulations of the Village. No building permit shall be issued for a lot which was created after the date of this section in violation of the regulations of Chapter 240, Subdivision of Land.
D.
The Building Inspector shall require a topographic survey as a part
of each application for a building permit showing site drainage and
any proposed drainage facilities to be constructed before the application
is considered.
(1)
Applications for a building permit must include a declaration
by the owner and/or its duly authorized agent that:
(a)
Land adjoining a street or highway will be graded in accordance
with Village recommendations and specifications.
(b)
Should site grading cause flooding, steps will be taken at the owner's expense to correct same by construction of a leaching pool or catch basin. The location and installation of such pool or basin shall be in accordance with Village recommendations and specifications. All surface water runoff shall be contained on site at all times and any design shall comply with § 300-14.4C(4)(e). The Village Highway Department will be consulted by the owner prior to the construction and placing of said disposal facilities for runoff and drainage.
(2)
Stormwater recharge basins. Any stormwater recharge basin shall
be designed so as to comply with all current best practice engineering
standards and shall, prior to construction, be approved by the Village
Engineer.
(3)
Berms and grading.
(a)
No berms shall be approved unless the road grade is higher than
the individual property.
(b)
Grading of residential property with a thirty-five-foot setback
shall be level at road grade for a distance of 12 feet. The suggested
maximum grade for residential driveways is 15%; for commercial driveways,
8%.
(c)
For any destruction or breakage to the highway surface caused
by delivery trucks, graders, lumber trucks, etc., the owner of the
construction shall be liable for the cost of repairs or replacement
of the damaged highway area.
(4)
No building permit shall be issued prior to receiving an approval
of the drainage proposal from the highway department in whose jurisdiction
the site is located.
E.
The Building Inspector shall require the applicant for a building permit, except in the case of one- and two-family dwellings, to complete the site plan review procedure as set forth in Article XIV of this chapter. The Building Inspector shall transmit the site plan review application to the Planning Board with his recommendations. No building permit application shall be approved prior to receiving site plan approval from the Planning Board.
F.
No building permit shall be issued for any building structure or
use for which a variance or special exception use approval has been
granted unless such building permit conforms in every way to the conditions
established in the written resolution authorizing such a variance
or special exception use.
G.
After the completion of the footings and establishing of the forms
on the first course of the foundation walls or equivalent structure,
the owner shall notify the Building Inspector. If required by the
Building Inspector, the owner shall cause a survey to be made by a
licensed land surveyor showing the true location of such foundation
walls with respect to the lot lines of the lot, and a copy of such
survey shall be filed with the Building Inspector before construction
is continued.
A.
It shall be unlawful to use or to permit the use of any building,
structure, premises, lot or land, or part thereof, hereafter erected
or altered, enlarged or moved or put into use, in whole or in part,
after the effective date of this chapter or to use or to permit the
use of any building, structure, premises, lot or land, or part thereof,
of which the use is changed until a certificate of occupancy has been
obtained by the owner.
B.
Any change of ownership of any property containing a building or
structure shall require that the successor owner obtain a new certificate
of occupancy within 30 days.
C.
No certificate of occupancy shall be issued for any building, structure,
premises, lot or land unless the erection, construction, reconstruction,
structural alteration, restoration, repair or moving of such building
or structure, or part thereof, and the intended use thereof are in
conformity in all respects with the provisions of this chapter.
D.
The Building Inspector shall obtain a written resolution from the
Board of Appeals before issuing a certificate of occupancy in a case
involving a variance from the provisions of this chapter.
E.
No certificate of occupancy shall be issued unless all buildings,
structures and units as shown on the building permit application are
completed in whole and are complying in every respect to this chapter
and the New York Uniform Fire Prevention and Building Code, except
that the Building Inspector shall have the authority to issue a certificate
of occupancy when a dimensional variance of not more than one foot
is required due to improper siting of the building or a similar circumstance
and when, in his sole discretion, such relief is warranted.
F.
The Building Inspector may issue a certificate of compliance in place
of and instead of a certificate of occupancy whenever he deems a certificate
of compliance more appropriate than a certificate of occupancy; provided,
however, that the procedure, prerequisites and fees for obtaining
a certificate of compliance shall be the same as are applicable to
a certificate of occupancy, and further provided that the term "certificate
of occupancy," used in various places throughout this chapter, shall
be deemed to include the term "certificate of compliance."
A.
Fees for a building permit application and for issuance of building
permits, certificates of occupancy and any other applications and
related reviews required pursuant to this chapter shall be as set
by resolution by the Board of Trustees and shall be available to applicants
at the office of the Village Clerk and the Building Inspector. Any
such fee shall be increased by 100% whenever the work subject to a
permit has been started prior to the issuance of the permit.
B.
Completeness of applications. Unless the Board of Trustees has, by
resolution, specifically directed that a particular fee be collected
only after a local agency approval, no application for a review, permit
or approval required under this chapter shall be deemed complete for
the purpose of scheduling a public hearing or for the purpose of approval
by the local agency reviewing the same until and unless all fees required
of such application have been remitted to and collected by the Village.
Should the foregoing provision be deemed in any way inconsistent with
the timing requirements of § 7-712-a of the New York Village
Law, those state law provisions are hereby superseded to the extent
that they might be construed to require local agency action before
the remittance of proper fees.
A.
It shall be the duty of the Building Inspector to administer and
enforce the provisions of this chapter.
B.
The Building Inspector shall maintain files of applications or permits
and certificates of occupancy, which files shall be open to public
inspection at the office of the Village Clerk or the Building Department.
He shall keep a record of every identifiable complaint of a violation
of any of the provisions of this chapter and of the disposition of
each such complaint. He shall file a report monthly to the Board of
Trustees on the operations of his office.
C.
Should said Building Inspector be in doubt as to the meaning or intent
of any provision of this chapter or as to the location of any district
boundary line on the Zoning Map or as to the propriety of issuing
a building permit or a certificate of occupancy in a particular case
related to the provisions of this chapter, he shall appeal the matter
to the Board of Appeals for interpretation and decision without the
requirement of any application fee.
D.
If the Building Inspector should mistakenly issue a building permit
or any form of approval which violates the provisions of this chapter,
that building permit and authorization of approval shall be invalid.
E.
Expiration and extension of building permits.
(1)
Any building permit issued by the Building Inspector shall expire
automatically on the 90th day after the date of issuance unless work
has been started within such ninety-day period.
(2)
Any permit issued by the Building Inspector shall expire automatically
one year after the date of issuance unless the entire building or
structure has been completed in accordance with the filed and approved
plans upon which the issuance of the original building permit was
based within such one-year period.
(3)
Upon good cause shown to the satisfaction of the Building Inspector,
which good cause at the discretion of the Building Inspector shall
include a situation deemed a hardship to the satisfaction of said
Building Inspector, said Building Inspector is authorized to grant
not more than two ninety-day extensions or a total of 180 days, except
that no extension shall be granted unless the proposed construction
conforms to the provisions of this chapter in effect at the time the
application for extension is made. Such extensions may only run consecutively
and shall commence on the day following the expirations of the original
permit or first extension thereof.
(4)
Any permit holder may apply for an extension or additional extension as set forth in Subsection E(1), (2) and (3) of this section, provided that such application is made in writing, setting forth the reasons therefor. Any such application must be made in writing and filed with the office of the Village Clerk before 4:00 p.m. on the day before the permit or extension will expire. If the expiration of such a permit or prior extension falls on a Sunday or legal holiday, such application for the extension or further extension shall be filed with the office of the Village Clerk before 4:00 p.m. on the last regular business day preceding said Sunday or legal holiday.
(5)
In the event that a building permit has expired, issuance of
a new building permit is required. Upon the filing of an application
for such new building permit, new building permit fees shall be payable,
except as otherwise hereinafter provided. In a case where the construction
authorized by the expired permit has been partially completed prior
to expiration of such permit, the new building permit fees shall consist
of the amount of the original building permit fee multiplied by the
percentage of construction which remains to be completed. For example,
where 70% of the total construction has been completed and 30% of
the total construction remains to be completed, the new building permit
fees shall be 30% of the original building permit fee. The applicant
shall submit such information as the Building Inspector may require
in order to determine the percentage of construction which remains
to be completed. In the case where construction is complete but additional
inspections are required, a fee per inspection shall be established
by resolution of the Village Board of Trustees.
[Added 1-8-2019 by L.L.
No. 1-2019]
A.
Violation of any provision or requirement of this chapter or violation
of any statement, plan, application, permit or certificate approved
under the provisions of this chapter shall be considered a violation
pursuant to the Penal Law of the State of New York punishable by a
fine not exceeding $1,000 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
a violation of this chapter shall constitute, for each day the violation
is continued, a separate and distinct violation hereunder.
B.
The owner, general agent or contractor of a building, structure,
lot or part thereof where such violation has been committed or does
exist shall be guilty of such an offense.
C.
Any agent, contractor, architect, builder, corporation or other person
who commits, takes part or assists in or refuses to abate or correct
any such violation shall also be guilty of such violation.
D.
The imposition of penalties herein prescribed shall not preclude
the Village or any person from instituting appropriate legal action
or proceeding to prevent the unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, or to restrain,
correct or abate a violation, or to prevent the illegal occupancy
of a building, structure, premises, lot or land, and to seek appropriate
civil penalties, including fines and monetary damages.
