A building permit is required for the following activities:
A. The erection, restoration, reconstruction or structural alteration
of any building.
B. The construction or installation of fences and retaining walls.
C. Replacement of roofing and/or siding.
E. Interior and exterior structural repairs.
F. Replacement or modifications of existing structures.
G. Construction or erection of accessory buildings or structures, including
prefabricated accessory buildings and structures.
H. The installation of above- and below-ground swimming pools.
I. The demolition of existing structures or parts thereof.
J. Any development (man-made change to improved or unimproved real estate)
of land identified on the Flood Insurance Rate Map as an area of special
flood hazard (Zone A2 and Zone A). There shall be compliance with
all applicable provisions of Local Law No. 2-1987, in addition to
the requirements of this chapter.
K. Any surface being made into a more impervious surface for purposes
of ensuring adequate stormwater runoff control.
[Amended 4-1-1999 by L.L. No. 1-1999]
L. Driveway
repair or construction.
[Added 11-15-2010 by L.L. No. 3-2010]
M. Well installation
or repair.
[Added 11-15-2010 by L.L. No. 3-2010]
N. Septic
installation or repair.
[Added 11-15-2010 by L.L. No. 3-2010]
No building permit shall be issued unless the proposed construction
or use is in full conformity with all the provisions of this chapter
and a building permit has been duly issued upon application to the
Building Inspector. Any building permit issued in violation of the
provisions of this chapter shall be null and void and of no effect,
without the necessity for any proceedings or revocations of nullification
thereof, and any work undertaken or use established pursuant to any
such permit shall be unlawful.
Applications for a building permit shall be made in triplicate
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 that the proposed work is
authorized by the owner and that the applicant is authorized to make
such application. The application shall be accompanied by the following:
A. A fee in accordance with the Village of Greenwood Lake Fee Schedule.
B. The valuation of the proposed work.
C. All applications shall be accompanied by three copies of the site development plan bearing the signature of the Planning Board Chairman pursuant to §
120-50H, if required.
D. If such site development plan is not required, three copies of a
survey is required, to be prepared by a licensed New York State engineer
or land surveyor.
E. The actual shape, dimensions, radii, angles and area of the lot on
which the building is proposed to be erected or of the lot on which
it is situated if an existing building.
F. The block and lot numbers as they appear on the official assessment
record, if any.
G. The exact site and locations on the lot of the proposed building
or buildings or alteration of an existing building and of other existing
buildings on the same lot.
H. The dimensions of all yards in relation to the subject building and
the distance between such building and any other existing buildings
on the same lot.
I. The existing and intended use and occupancy of all buildings, existing
or proposed, the use of land and the number of dwelling units the
building is designed to accommodate.
J. Such topographic or other information with regard to the building,
the lot or neighboring lots as may be necessary to determine that
the proposed construction will conform to the provisions of this chapter.
K. Details of structural, mechanical and electrical work, including
computations, stress diagrams and other essential technical data.
L. The proposed location of all underground facilities, including gas
service, electric service, sewer lines, septic systems, drainage lines
(including routing of drainage from roof leaders and footing drains
to a positive outlet), waterlines, sprinkler lines, telephone lines,
etc. The building plans shall include plans for mechanical services,
including gas, electric, water, heating and air conditioning.
M. Plans and specifications bearing the signature of the person responsible
for the design and drawings, the date and, if required, the architect's
or engineer's signature, seal and New York State license number.
N. Four photographs of the lot and its structures, taken from each of
the lot and street lines.
An appeal from the approval or disapproval of any application
by the Building Inspector shall be made to the Board of Appeals within
30 days after the determination of the Building Inspector has been
filed in the office of the Building Inspector or endorsed on the building
plans filed in said office. Any final determination of disapproval
shall be indicated in writing, together with the copies thereof filed
in the office of the Building Inspector and mailed to the applicant.
Every building permit shall expire if the work authorized has
not been completed within six months after the date of issuance. Building
permits may be renewed or extended by the Building Inspector for one
additional six-month period, and the fee for each such extension shall
be subject to a fee established in the Village of Greenwood Lake Fee
Schedule. No extension shall be granted beyond one year from the date
of the original issuance of such permit without the approval of the
Village Board of Trustees. The Village Board of Trustees may grant
additional extensions of six months each, and the fee for such extensions
shall be equal to the amount charged for the original building permit
or the fee charged for the original extension, whichever is greater.
Any amendment to the application or to the plans and specifications
accompanying same must be filed and approved by the Building Inspector
prior to the completion of the work, and such amendments shall comply
with the provisions of this chapter. The granting or refusal of such
an amendment by the Building Inspector shall be in writing and may
be reviewed by appeal to the Board of Appeals within 60 days after
such determination is filed by the Building Inspector.
In the event that any application for a building permit provides
for construction or other activity involving operation of equipment,
personnel or placement of materials which may hazard a public street,
way, easement or public property, prior to issuing such building permit,
the applicant shall present evidence of liability insurance, naming
the Village as the beneficiary and saving the Village harmless, in
an amount to be determined by resolution by the Village Board of Trustees
and in a form acceptable to the Village Attorney. The amount shall
be determined based upon the recommendation of the Building Inspector
and Village Engineer and dependent on the degree to which the proposed
activity may create a hazard. Additionally, property damage insurance
or other surety acceptable to the Village Attorney may be required
where such construction or activity may damage public property, including
sidewalks, paving, signs or landscaping. In reviewing any application
hereunder, the Building Inspector shall determine whether such hazard
may exist by virtue of the nature of the activity described in such
application. Where, after a building permit has been issued without
such liability insurance, it shall appear that such hazards are present,
the Building Inspector may, on due notice given, require such insurance
and may suspend such activity pending receipt of the required liability
policy.
Every building permit application shall be accompanied by a
fee in accordance with the Village of Greenwood Lake Fee Schedule.
The following shall be unlawful until a certificate of occupancy
shall have been applied for and issued by the Building Inspector:
A. Occupancy and use of a building erected, structurally altered or
moved or any change in use of an existing building.
B. Occupancy, use or any change in the use of any land.
C. Any change in use of a nonconforming use.
[Added 1-8-2001 by L.L. No. 1-2001]
Whereas there exist within the Village of Greenwood Lake, Inc.,
parcels of property, improved by structures, for which there has been
granted a certificate of occupancy, which allows for multiple commercial
or residential units, and whereas the occupants of such units may,
from time to time, change without there being any change in use of
an existing building or unit portion thereof; whereas, in the interest
of the safety and welfare of the Village, it is necessary for the
Building Inspector to know specific uses being conducted within a
portion of a building, or parcel of real property, that contains multiple
uses, so that the Building Inspector can determine whether or not
such uses comply with the current zoning and planning laws of the
Village:
A. Effective February 1, 2001, it shall be unlawful to occupy or use
such unit, or portion, of a building, or parcel of real property,
until a Certificate of Legal Use shall have been applied for and issued
by the Building Inspector.
B. An application for a certificate of legal use must contain a sworn
affirmation that clearly states the intended occupancy or use and
indicates that such intended occupancy or use will not involve any
change from the use permitted by the certificate of occupancy for
such real property or structure. Such affirmation must describe the
number of square feet involved in the space; the number of employees
that are being employed there; the hours of operation of the business;
and the type of business being conducted.
C. In the event that a use differs from a use previously conducted at the premises, the Building Inspector should refer the matter to the Planning Board to determine whether site plan approval will be required in accordance with §
120-47A(3) of the Village Code.
D. A certificate of legal use may not be granted for a commercial or
residential unit existing on a parcel of property, or in a structure,
for which there is no valid certificate of occupancy.
No certificate of occupancy shall be issued for any special
use of a building or of land requiring approval by the Planning Board
unless and until a special use permit has been duly granted by the
Planning Board. Every certificate of occupancy for which a special
use permit has been granted or in connection with which a variance
has been granted by the Board of Appeals shall contain a detailed
statement of such special use or variance and of any conditions to
which the same is subject.
[Amended 2-24-2003 by L.L. No. 1-2003]
A. As the right to a recognized legal use for a parcel of real property
attaches to the property rather than the owner, there shall be no
requirement to reapply for a new certificate of occupancy upon a transfer
of ownership absent a change of use.
B. At the time of transfer of title, the owner of an existing lot shall apply to the Building Inspector for a certificate of legal use, should such be required by Village Code §
120-87.1.
A record of all certificates of occupancy shall be kept in the
office of the Building Inspector and copies shall be furnished upon
request to any agency of the Village or to any persons having a proprietary
or tenancy interest in the building or land affected.