In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and as not interfering
with, abrogating or annulling any easements, convenants or other agreements
between parties; provided, however, that where this chapter imposes
a greater restriction or limitation upon the use of buildings, premises
or lots or upon the height and size of buildings or requires larger
yards or other open spaces than are imposed or required by existing
provisions of law or ordinances or by easements, covenants or agreements,
the provisions of this chapter shall control.
[Amended 3-21-1990 by L.L. No. 3-1990]
Upon filing an application for a building permit, the applicant
shall pay to the Village the fees provided in a schedule of fees adopted
by resolution of the Board of Trustees and on file in the office of
the Village Clerk, which shall cover the issuance of a building permit
and the issuance of a certificate of occupancy and which shall in
no event be returned in whole or in part.
[Added 12-21-2016 by L.L.
No. 2-2017]
On all applications to the Board of Trustees, the Board of Appeals
and/or the Planning Board, the applicant shall be liable for and shall
pay the following costs which may be incurred by the Village in processing
the application:
B. Stenographic
minutes of meetings and hearings.
C. Legal
fees for the Village Attorney.
E. Planning,
sound, traffic, environmental or other specialized study, or consultants’
fees.
[Amended 4-30-2003 by L.L. No. 9-2003; 9-21-2011 by L.L. No.
5-2011]
A. Any building
or other permit issued under the provisions of this chapter under
which no work is commenced within three months from the date of its
issuance shall expire by limitation. The permit may be reinstated
upon application to the Board of Trustees upon good cause shown and
subject to conditions that the Board of Trustees deems appropriate.
B. Expiration of permit.
[Amended 1-21-2015 by L.L. No. 1-2015]
(1) Any such permit shall expire one year from the commencement of work, except as set forth in Subsection
B(2) below, and all exterior construction, site restoration, and landscaping shall be completed within that one-year period unless the permit is renewed.
(2) Any such permit for construction of a new house shall expire 18 months
from the commencement of work, and all exterior construction, site
restoration, and landscaping will be completed within that eighteen-month
period, unless the permit is renewed.
C. Renewal of permit. A permit may be renewed beyond its original term by application to the Building Department and payment of applicable fees as set forth in Subsection
C(1) and ( 2) below. A second renewal will not be issued unless approved by the Board of Trustees as set for in Subsection
C(3) below.
[Amended 10-15-2014 by L.L. No. 7-2014; 3-10-2021 by L.L. No. 1-2021]
(1) First
renewal: renovation or addition. A permit for a renovation or addition
may be renewed for a six-month period of time, provided the applicant
renews the permit prior to its expiration and pays a fee equal to
60% of the original permit fee. The applicant must file an application
with the Building Department outlining the reasons for the delay in
construction and further providing a construction timeline for the
remaining work to be completed. The applicant must also schedule an
inspection with the Building Inspector to inspect the premises and
the progress of the construction. The permit will not be renewed unless
the applicant has demonstrated good cause for the delay. If the Building
Inspector determines that the applicant has not demonstrated good
cause for the delay, the application for renewal will be referred
to the Board of Trustees for further review and consideration. If
the application is referred to the Board of Trustees, the Building
Inspector will provide a report to the Board of Trustees outlining
the construction status and the estimated time needed to complete
the project. After review of the renewal application and the Building
Inspector's report, the Board of Trustees will determine in its sole
discretion whether to grant the renewal or revoke the permit.
(2) First
renewal: new construction. A permit for new construction may be renewed
for a nine-month period of time, provided the applicant renews prior
to its expiration and pays a fee equal to 60% of the original permit
fee. The applicant must file an application with the Building Department
outlining the reasons for the delay in construction and further providing
a construction timeline for the remaining work to be completed. The
applicant must also schedule an inspection with the Building Inspector
to inspect the premises and the progress of the construction. The
permit will not be renewed unless the applicant has demonstrated good
cause for the delay. If the Building Inspector determines that the
applicant has not demonstrated good cause for the delay, the application
for renewal will be referred to the Board of Trustees for further
review and consideration. If the application is referred to the Board
of Trustees, the Building Inspector will provide a report to the Board
of Trustees outlining the construction status and the estimated time
needed to complete the project. After review of the application for
renewal and the Building Inspector's report, the Board of Trustees
will determine in its sole discretion whether to grant the renewal
or revoke the permit.
(3) Second
renewal: all permits. A second renewal for a renovation, addition
or new construction permit will not be issued unless the applicant
and contractor have demonstrated an excusable delay that is out of
the applicant and contractor's control. The applicant must file an
application with the Building Department prior to the expiration of
its first renewal term outlining the reasons for the delay in construction
and further providing a construction timeline for the remaining work
to be completed. The applicant must also schedule an inspection with
the Building Inspector to inspect the premises and the progress of
the construction. The Building Inspector will provide a report to
the Board of Trustees outlining the construction status and the estimated
time needed to complete the project. After review of the renewal application
and the Building Inspector's report, the Board of Trustees will determine
in its sole discretion whether to grant the renewal or revoke the
permit. If the permit is renewed, the Board of Trustees will determine
the amount of the permit fee based on the findings outlined in the
Building Inspector's report.
(4) Existing
permits. For existing permits that were issued prior to the adoption
of this legislation that have never been renewed, the applicant may request a renewal under Subsections
C(1) and
(2) above. For existing permits that have been renewed one time, an applicant may request a second renewal as set forth in Subsection
C(3) above. For existing permits that have been renewed more than one time, no further renewals may be requested, and the permit will expire at the end of the renewal term.
The Building Inspector may, and ordinarily will, require a location
survey after the foundation has been installed, and, in such case,
may require that the work be suspended until such location survey
has been furnished. The Building Inspector may also require such additional
surveys or additional plans, information, soil or foundation tests
and data during the progress of the work as he may deem necessary
or helpful in order to determine compliance with the applicable requirements.
If the Building Inspector shall at any time during the progress
of the work find and determine that the work does not comply with
the requirements of this chapter or any other applicable ordinances
or of the building permit issued, the Building Inspector may require
that the work be stopped and may also require the applicant to remove
and replace and correct any work which does not so conform. If the
work is stopped, no further work shall be performed unless and until
the Building Inspector or the Board of Trustees shall so direct.
In the case of work stopped by the Building Inspector, the Building
Inspector shall report the facts to the Board of Trustees at the next
meeting of the Board and shall inform the applicant that he has the
right to appear before the Board. At such meeting or at any meeting
thereafter, the Board of Trustees may, in its discretion, confirm
the action of the Building Inspector or permit the work to continue
or take such other action as the Board may deem just and proper in
the circumstances.
The Board of Trustees may also revoke any permit or approval
issued under the provisions of this chapter in case the permit or
approval is based on any false statement or any misrepresentation
as to a material fact in the application.
In case of the expiration or revocation of a permit, the owner
shall forthwith on demand restore the premises to their condition
prior to the application for the permit, including the demolition
of any construction and the filling in of the excavation to grade.
In case of the failure of the owner so to do, the Village may do the
work for the account of the owner by contract or with Village workmen
and assess the cost thereof, including supervision, against the property.