Village of Farmingdale, NY Article XXIX Applications and Permits

§ 600-224 Applications for building permits.

[Amended 2-14-1972; 12-16-1985 by L.L. No. 7-1985[1]]

A. All applications for building or use permits, special use permits and certificates of occupancy shall be submitted to the Superintendent of Buildings. They shall be in writing and shall consist of such papers and information as may be required under the provisions of this chapter and under the provisions of the Building Code[2] of the Village of Farmingdale. Such applications shall also contain such other information as may be necessary to determine the application of and provide for the enforcement of this chapter.

[2] Editor's Note: See Ch. 259, Construction Codes, Uniform.

B. Required plans.

(1) In each case where an application is made for building or use permit or for a special use permit for any use other than a detached one- or two-family house, such application shall be accompanied by plans of the proposed building, structure or use or alteration thereof, unless such plans are, in a proper case, expressly waived by the Superintendent of Buildings. Such plans shall include:

(a) Site plan.

(b) Planting plan.

(c) Building plans.

(2) Site plans shall be drawn to scale by competent professionals, duly licensed to prepare such drawings. The site plan shall show the following information:

(a) Property lines and related street, right-of-way and easement lines as determined by survey.

(b) Tax identification numbers of the subject site and adjoining parcels.

(c) The distance to an established street intersection.

(d) Indication of current owners and contract vendees of the subject site and of owners of and establishments on adjoining parcels.

(e) Zoning districts and boundaries on the subject site and adjoining parcels.

(f) Location of existing and/or proposed building and structures on subject site and existing structures on adjoining parcels.

(g) Layout of existing and/or proposed off-street parking areas, showing the details of aisles, driveways and each parking space.

(h) Existing topography of the site and adjacent properties, as revealed by contours and spot elevations, as may be required by the Village Engineer.

(i) Proposed final grades, including detailed information relative to methods to be used during and after construction to retain, stabilize and/or refurbish regraded area (e.g., sod, retaining walls, etc.).

(j) Existing and proposed stormwater drainage facilities, sidewalks, curbs and curb cuts and similar structures.

(k) Existing and proposed signs, outdoor lighting facilities and utility service facilities (e.g., electric lines, transformers, etc.).

(l) Existing and proposed enclosed refuse storage and disposal facilities.

(3) Planting plans shall be prepared by a professional landscape architect duly licensed to practice in New York State and shall show the following information:

(a) The items in Subsection B(2)(a) through (e) required to be shown on site plans as described above.

(b) Location of buildings and paved areas.

(c) Boundaries of areas to be cleared, disturbed and/or regraded.

(d) Location of existing densely wooded areas, including description of predominant type and size of vegetation.

(e) Location, variety and size of proposed plant materials.

(f) Existing and proposed underground irrigation systems.

(g) Location, species and size of all existing trees greater than three-inch caliper or 10 feet in height.

(4) Building plans shall be prepared by licensed architects and shall contain the following information:

(a) Floor plans of all floors, including the basement or cellar, if any.

(b) Elevation drawings of all sides of the existing and/or proposed buildings.

(c) Existing and proposed exterior building materials.

(d) Other information as may be required by the Board of Trustees.

C. In any case where the site plan or application submitted by the applicant indicates that the applicant will require a variance from the Board of Zoning Appeals in order to construct or use the building, structures or premises as shown on said site plan, the applicant shall obtain from the Board of Zoning Appeals a decision upon an appeal for such variance prior to a determination by the Superintendent of Buildings upon the application submitted pursuant to Subsection A hereof. Upon adoption by such Board of a resolution granting the application for the variance, said variance shall be deemed to be incorporated in the site plan submitted by the applicant.

D. No site plan shall be required upon an application for the issuance of a certificate of occupancy where such plan has previously been submitted in connection with the issuance of a building permit for a building or structure, or use theretofore granted, unless such application is for a change of use and the Superintendent of Buildings determines that such site plan is necessary for the proper enforcement of this chapter.

E. Any site plan submitted pursuant to the provisions of this section may, upon resolution of the Board of Trustees, be submitted to the Planning Board for review and recommendation. Final action shall not be taken by the Board of Trustees upon said application until said Plannning Board has submitted its report thereof or has failed to submit its report within 30 days from the referral of said site plan to the Planning Board.

F. In the event that a building permit shall not be secured by the applicant within six months from the date the site plan is finally approved, then such approval shall be deemed to have expired. Application may be made to the Superintendent of Buildings of the Village of Farmingdale for an extension of such time limit for not more than one year, provided that such application is made prior to the expiration of said six-month period.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 600-225 Submission of Board of Zoning Appeals' data to Clerk-Treasurer.

Whenever the approval of the Board of Zoning Appeals shall be necessary before said building permit can be granted under the terms of this chapter, such application and accompanying statements, plans, affidavits and specifications shall be submitted in duplicate to the Clerk-Treasurer of the Village.

§ 600-226 Commencement of excavations restricted; approval or denial of applications by Board of Trustees. [1]

It shall be unlawful to construct or alter any building or structure or any part thereof or commence any excavation until the application and accompanying papers required by § 600-222 shall have been approved by the Board of Trustees of the Village of Farmingdale as complying with the provisions of this chapter. Said Board of Trustees shall approve or reject any application or plan or amendment thereto filed with them within a reasonable time but in no event more than 62 days and, if approved, shall promptly issue or cause to be issued by the Village Clerk-Treasurer a permit therefor.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 600-227 Filing of approvals of Board of Zoning Appeals.

Whenever any provision of this chapter requires that an application shall be approved by the Board of Zoning Appeals, the Board of Trustees shall not issue a permit upon such application until a certified copy of the permission or approval of the Board of Zoning Appeals shall have been filed in the office of the Village Clerk-Treasurer.

§ 600-228 Filing, inspection and publication fees.

[Amended 6-25-1951; 10-24-1977 by L.L. No. 10-1977[1]]

Each applicant for a building permit shall, at the time of filing such application, pay to the Clerk-Treasurer of the Village the filing and inspection fees imposed by any applicable ordinance of the Village of Farmingdale. When any application shall be made pursuant to the provisions of § 600-219 or 600-220 of this chapter, the applicant shall pay to the Village Clerk-Treasurer a fee which shall be set from time to time by resolution of the Board of Trustees as provided for in the fee schedule to be maintained by the Village Clerk-Treasurer, out of which the Village Clerk-Treasurer shall pay advertising expenses incurred by the Board of Zoning Appeals in connection with such application and the hearing thereon.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 600-229 Certificate of occupancy required.

No premises shall be occupied and no building hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued by the Village Clerk-Treasurer or such other Village official the Board of Trustees may designate. No such certificate shall be issued unless the premises or building and use thereof comply with all the provisions of this chapter, which compliance shall first be certified to by the Superintendent of Buildings.

§ 600-230 Applications for certificates of occupancy.

[Amended 10-24-1977 by L.L. No. 10-1977[1]]

A certificate of occupancy shall be applied for at the same time a building permit is applied for whenever any building is to be erected or altered, and the certificate of occupancy shall be issued upon request within 10 days after the erection or alteration of the building shall have been completed. An application for a certificate of occupancy shall state the use for which the building and premises are to be occupied or used, the present use of said building and premises and such other information as may be necessary for the enforcement of this chapter. A record of all certificates of occupancy issued shall be kept on file in the office of the Village Clerk-Treasurer, and copies thereof shall be furnished on request upon payment of a fee which shall be set from time to time by resolution of the Board of Trustees as provided for in the fee schedule to be maintained by the Village Clerk-Treasurer.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 600-231 Conditions for issuance of certificate of occupancy. [1]

Whenever the permission of the Board of Zoning Appeals is required to authorize the use of any premises, the certificate of occupancy shall not be issued by the Superintendent of Buildings until after the granting of such approval by the Board of Zoning Appeals.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 600-232 Certificate of occupancy inspection fee.

[Amended 10-24-1977 by L.L. No. 10-1977[1]]

Each applicant for a certificate of occupancy shall pay an inspection fee which shall be set from time to time by resolution of the Board of Trustees as provided for in the fee schedule to be maintained by the Village Clerk-Treasurer, to the Village Clerk-Treasurer at the time such application is filed.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).