No person shall commence the erection, construction, enlargement,
alteration, 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 Building Inspector for each such building or structure; except
that no building permit shall be required for the performance of ordinary
repairs which are not structural in nature.
(a)
Application for a building permit required by § 6-37 shall be made to the Building Inspector on forms provided by him and shall contain the following information:
(1)
A description of the land on which the proposed work is to be done.
(2)
A statement of the use or occupancy of all parts of the land and
of the building or structure.
(3)
The valuation of the proposed work.
(4)
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.
(5)
A brief description of the nature of the proposed work.
(6)
A duplicate set of plans and specifications as set forth in Subsection
(c) of this section.
(7)
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)
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 and character
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 Building Inspector, details of structural,
mechanical and electrical work, including computations, stress diagrams
and other essential technical data.
(d)
Plans and specifications shall bear the signature of the person responsible
for the design and drawings.
(e)
The Building Inspector may waive the requirement for filing plans.
(f)
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 Building Inspector.
[Ord. of 11-9-1970; L.L. No. 3-1977, § 1; L.L.
No. 4-1986; §§ 1, 2; L.L. No. 11-1988, § 1; L.L. No. 5-1991, §§ 1,
2; L.L. No. 7-1991, § 2; L.L. No. 2-1992, § 1; L.L.
No. 2-1995, §§ 2, 3, 4; L.L. No. 5-2010, § 1]
(a)
Upon the filing of an application for a building permit under this
Article, a fee shall be payable as may be established by the Board
of Trustees by resolution adopted at a scheduled public meeting of
the Board of Trustees. The Board may establish separate fees for the
following categories: New Work, Repairs and Alterations; Razing and
Demolition; Pools, Fences and Walls. A list of such fees shall be
maintained by the Village Clerk and Building Department and posted
in the Building Department.
(b)
In the event that an application for a building permit under this
Article is not approved, the applicant shall be entitled to a refund
of 50% of the fee paid, provided that no construction has been commenced.
If construction work has been started and the application is not approved,
the fees paid shall not be refunded.
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In the event that an application for a building permit under
this Article is approved, the permit issued and no construction work
has been started, and the applicant desires to abandon said permit
and submit a new application for a new permit for the same property,
said applicant shall, upon the payment of an application fee of $100,
be entitled to a credit of 75% of the fee paid for the original application
towards the building permit fee required for the new application.
If the fees for the new permit are less than the fees for the original
permit, the applicant shall not be entitled to any refund. The applicant
shall not be entitled to a refund of the original application fee
if the original permit is terminated or abandoned and no new application
is made. Upon the issuance of a new permit for the same property in
accordance with this paragraph, the original permit shall be deemed
void.
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(c)
A fee as may be established by the Board of Trustees by resolution
adopted at a scheduled public meeting of the Board of Trustees shall
be payable for any written report or opinion prepared by the Building
Department and for any search conducted for the purpose of reproducing
any Building Department records, including but not limited to certificates
of occupancy, building plans, requests or searches relating to one-
or two-family residences and requests or searches relating to all
other occupancies.
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In addition, any person requesting copies of Building Department
records shall be required to pay the reasonable costs of reproducing
any records. Such reproduction costs shall be established by the Building
Department and posted in the Building Department offices.
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(d)
The fee required pursuant to § 6-39(a)(1), (2) and (5)
shall be based upon the cost estimates provided by the applicant for
the permit. After the work has been completed, the owner or lessee
of the premises shall submit an affidavit of cost, on a form prepared
by the Building Department, setting forth the actual cost of the work.
If the actual cost of the work exceeds the estimate upon which the
permit fee was based, the applicant shall pay such additional fees
as may be required so that the final permit fee is based upon the
actual cost of the work.
(e)
In all cases where the work relating to a building permit application
has been commenced or completed prior to the date of filing of the
building permit application, there shall be a legalization fee added
to the building permit fee in an amount as may be established by the
Board of Trustees by resolution adopted at a scheduled public meeting
of the Board of Trustees.
[L.L. No. 15-1987, § 1; L.L.
No. 1-2002, § 1]
(a)
The Building Inspector shall examine or cause to be examined all
applications for permits under this Article 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 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 Building
Inspector 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 Building Inspector or his authorized representative
at all reasonable times.
(d)
If the application, together with plans, specifications and other
documents filed therewith, describes proposed work which does not
conform to all of the requirements of the applicable building regulations,
the building official shall disapprove the same and shall return the
plans and specifications to the applicant. Upon the request of the
applicant, the Building Inspector shall cause such refusal, together
with the reasons therefor, to be transmitted to the applicant in writing.
(e)
For purposes of this section 6-40, "scofflaw" shall be an individual, corporation or other entity which has any outstanding and unpaid parking violations issued by the Village of Tuckahoe against them or any vehicle registered in their name and/or which has not paid any and all Village taxes or other charges relating to the property for which an application for a building permit has been filed. The Building Inspector shall not issue a building permit to any scofflaw.
[L.L. No. 7-1991, § 1]
(a)
A building permit issued under this Article shall be effective to
authorize the commencing of work in accordance with the application,
plans and specifications on which it is based within three months
after the date of its issuance and for completion of the work within
one year after the date of issuance of the permit. For good cause,
the Building Inspector may allow a maximum of two extensions for completion
of the work for periods not exceeding three months each.
(b)
The issuance of a building permit under this Article 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.
[L.L. No. 6-1988, § 1]
The Building Inspector may revoke a building permit issued and
approved under this Article in the following instances:
(1)
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.
(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.
(5)
Where work has been commenced in the event that work is stopped for
any reason for a period of three months or more, the Building Inspector
may, after notice to the permit holder, deem the work abandoned and
revoke the building permit. Upon revocation of a building permit,
the owner of the property shall be responsible for the restoration
of the building site and for protection of the public as may be directed
and/or approved by the Building Inspector. If the owner fails to restore
or protect the property, the Village may, after notice to the owner,
perform such work with its own forces or hire a contractor to perform
such work. All costs and expenses incurred by the Village in connection
with such work shall be assessed against the land on which said work
is performed and shall become a lien on said land as of the date of
such assessment. The lien of the Village for such costs and expense
shall have priority over all other liens and encumbrances, except
the liens of taxes and assessments.
[L.L. No. 6-1988, § 2]
(b)
An application to assign a building permit shall include all information required by § 6-38 and the following additional information:
(1)
A statement that (a) the architect or engineer of record will remain
unchanged; or (b) the consent of the architect or engineer of record
to the assignment of the responsibility to a new architect or engineer;
or (c) an affidavit of explanation from the owner of the property
explaining why items (a) and (b) of this paragraph could not be submitted.
(2)
A statement that the new architect or engineer shall provide all
reports, affidavits or approvals as may have been required by the
original architect; provided, however, that such reports, affidavits
and approval shall not include any disclaimers or qualifications.
(3)
The consent of the previous builder and/or property owner, as the
case may be, to the assignment. If such consent is not provided, an
affidavit of explanation must be submitted.
(c)
An application fee of $50 shall be paid for the assignment of a building
permit and the new permit holder shall be responsible for the payment
of all permit fees, as they may be calculated at the completion of
construction.
