A. 
General. No board, agency, officer or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure or for any use of land, building or structure that would not be in full compliance with the provisions of this chapter, except as permitted under Article IX of this chapter. Any permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
B. 
Code Inspector. This chapter shall be enforced by the Code Inspector and one or more Assistant Code Inspectors as deemed necessary, referred to herein individually and collectively as the "Code Inspector," as appointed by the Board of Trustees. It shall be the duty of the Code Inspector and he is hereby empowered:
(1) 
To inspect any building, structure or land to determine whether any violations of this chapter have been committed or exist, whether or not such building, structure or land is occupied, and whether or not a certificate of occupancy or certificate of use has been issued.
[Amended 4-7-1987 by L.L. No. 5-1987]
(2) 
To keep the Board of Trustees advised of all matters pertaining to the enforcement of this chapter; to make and keep all records necessary and appropriate to the office, including records of written complaints of violation of this chapter and action taken on same.
(3) 
The Code Inspector shall issue and post notices of violations, stop-work orders, and revocations of certificates of occupancy and certificates of use and shall order the remedying of any condition or omission that is found to be in violation of this chapter. The Code Inspector shall also have the power, right, and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any provision of this chapter. In addition, by resolution, the Board of Trustees may direct the Code Inspector to revoke such certificates of occupancy and certificates of use, issue such stop-work orders, make such inspection and reports, initiate and take such court proceedings and perform all other actions as required by the Board of Trustees as may be necessary to enforce this chapter or to invoke penalties for its violation.
[Amended 5-14-1985 by L.L. No. 2-1985; 4-7-1987 by L.L. No. 5-1987[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Building Inspector. This chapter and the Building Code shall be enforced and administered by the Building Inspector and one or more Assistant Building Inspectors as deemed necessary, referred to collectively as the "Building Inspector," as appointed by the Board of Trustees. It shall be the duty of the Building Inspector and he is hereby empowered:
[Amended 5-14-1985 by L.L. No. 2-1985; 4-7-1987 by L.L. No. 5-1987; 10-13-1999 by L.L. No. 1-1999]
(1) 
To receive and review applications for building permits and to issue building permits.
(2) 
To receive and review applications for certificates of occupancy and certificates of use and to issue certificates of occupancy and certificates of use.
(3) 
To inspect any building, structure or land to determine whether any violations of this chapter have been committed or exist, whether or not such building, structure or land is occupied, and whether or not a certificate of occupancy or certificate of use has been issued.
(4) 
To keep the Board of Trustees advised of all matters pertaining to the enforcement of this chapter; to make and keep all records necessary and appropriate to the office, including records of written complaints of violation of this chapter and action taken on same.
(5) 
The Building Inspector shall issue and post notices of violations, stop-work orders, and revocations of building permits, certificates of occupancy, and certificates of use and shall order the remedying of any condition or omission that is found to be in violation of this chapter. The Building Inspector shall also have the power, right, and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any provision of this chapter. In addition, by resolution, the Board of Trustees may direct the Building Inspector to revoke such building permits, certificates of occupancy, and certificates of use, issue such stop-work orders, make such inspection and reports, initiate and take such court proceedings and perform all other actions as required by the Board of Trustees as may be necessary to enforce this chapter or to invoke penalties for its violation.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Building permits, certificates of occupancy and certificates of use granted only in conformance with regulations.
[Amended 4-7-1987 by L.L. No. 5-1987]
(1) 
No building permit, certificate of occupancy or certificate of use shall be issued unless the proposed construction or use is in conformance with all of the provisions of this chapter, the Building Code, any approved site plan or subdivision plat, and all other applicable laws.
[Amended 10-12-1999 by L.L. No. 1-1999]
(2) 
Whenever the Building Inspector or Code Inspector determines upon reasonable grounds that work on any building, structure or lot is being or has been conducted in violation of any of the provisions of the Building Code, state or federal laws, building laws, ordinances, local laws, regulations, rules or specifications of the Village of Wesley Hills or other applicable laws or regulations, or the requirements of any approved site plans, or subdivision plat, including required drainage, grade or elevation plans, or not in conformity with the provisions of any application, plans or specifications upon which a building permit was issued, or that such work in being conducted in a dangerous or unsafe manner, then the Building Inspector or Code Inspector may notify the owner of the property, or the owner's agent or the person performing the work to suspend such remaining work on any building or structure which is or could be affected by the violation, located within the plot or subdivision where the violation exists. If work remains to be performed on such buildings or structures, such persons shall forthwith stop such work and suspend all building activities on the affected buildings or structures until the stop-work order has been rescinded. Such stop-work order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building or structure under construction and sending a copy of the same by registered mail. Any person aggrieved by such a stop-work order may appeal to the Board of Appeals within 30 days to review the same, and the Board of Appeals on such review may affirm, modify or reverse the action of the Building or Code Inspector, as the facts may warrant.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Where the determination of violation concerns a building or structure for which a certificate of occupancy or certificate of use has already been issued, the Building Inspector or Code Inspector may revoke the certificate of occupancy in accordance with Subsection F(5) and may terminate the certificate of use in accordance with Subsection G(6). Upon such revocation or termination, the occupants shall then have a maximum period of 60 days in which to vacate the premises.
E. 
Issuance of building permits.
(1) 
A building permit is required for:
[Amended 10-12-1999 by L.L. No. 1-1999]
(a) 
Any work which must conform with the Building Code.
(b) 
The construction, reconstruction, moving, demolition, or structural alteration or change in the use of a building or a structure, except as hereinafter provided in Subsection E(2).
(2) 
No building permit shall be required for:
[Added 10-12-1999 by L.L. No. 1-1999]
(a) 
Ordinary repairs which do not materially affect structural features.
(b) 
Accessory buildings and accessory structures having a floor area of not more than 100 square feet, provided that they do not involve the installation or extension of electrical systems, if they are accessory to one-family dwellings.
(3) 
Application.
(a) 
Application for a building permit shall be made to the Building Inspector on forms provided by him and shall contain the following information:
[1] 
A description, agreeing with the Tax Map of the Village of Wesley Hills, 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, including the full names and addresses of each officer and director of any corporation or each member of a partnership;
[5] 
A brief description of the nature of the proposed work.
(b) 
All applications shall be accompanied by two copies of the applicable site plan, subdivision maps, drainage, grading and elevation plans and all other documents, if required for the development of the plot, building or structure.
(c) 
Each application for a building permit shall be accompanied by plans and specifications, including plot plans, as required, 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 plot lines, widths and grades of adjoining streets, walks and alleys, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Such plans and specifications shall include, on the plot plan or site plan, the proposed location of all underground facilities, including gas service, electric service, sewer lines, 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. Plans and specifications shall bear the signature of the person responsible for the design and drawings, the architect's or engineer's signature, seal, and New York State license number.
(d) 
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.
(e) 
Any amendment to the application or to the plans and specifications accompanying same must be filed and approved by the Building Inspector, and, if required, by the Planning Board, prior to the commencement of the amended 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 30 days after such determination is filed in the office of the Building Inspector.
[Amended 9-12-2006 by L.L. No. 4-2006]
(4) 
Approval or disapproval.
(a) 
Issuance of building permit. The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. Within 20 days of receipt of same, except where review by the Planning Board is required, he shall approve or disapprove the permit. If the approval of the Planning Board is required pursuant to the requirements of this chapter, the Building Inspector shall refer the application to the Planning Board for review under these regulations, with Planning Board approval required prior to any issuance of a building permit. Where Planning Board approval is required, the Building Inspector shall approve or disapprove the permit within 10 days of the receipt of the Planning Board's written approval. An appeal from the approval or disapproval of any application 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 and mailed to the applicant, together with the copies thereof filed in the office of the Building Inspector. Upon approval of the applications and upon receipt of the 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. Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved."
[Amended 9-12-2006 by L.L. No. 4-2006]
(b) 
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 and open to inspection by the Building Inspector or his authorized representative at all reasonable times. If the application, together with plans, specifications, and other documents filed therewith, describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Planning Board review. The Building Inspector shall promptly refer to the Planning Board every application for a building permit for a new dwelling within a subdivision containing four or more lots as shown on a final subdivision plat approved by the Planning Board. For each such referral, the following application procedure shall be followed:
[Added 9-12-2006 by L.L. No. 4-2006]
(a) 
The applicant shall submit preliminary architectural plans and a rendering showing at least the location and dimensions of proposed structures, exterior elevations, and materials to be used. A "rendering" is hereby defined as an eye-level, front-view, three-dimensional perspective drawing or sketch, made to approximate scale, of the structure and driveway as it will be situated on the site with such landscaping as the applicant intends to provide.
(b) 
The applicant shall submit stamped envelopes addressed to each of the owners of property within 500 feet of the perimeter of the subject property. An affidavit shall be submitted by the applicant declaring that the names and addresses of such adjacent property owners are correct as within the knowledge of the applicant as shown on the latest tax assessment roll.
(c) 
The Planning Board shall conduct a public hearing on each such referral. Such public hearing shall be held within 62 days of the date a complete application is received by the Planning Board.
(d) 
Notice of the public hearing shall be published once in the official newspaper at least 10 days prior to the date of such hearing. Notice shall also be sent at least 10 days prior to the date of such hearing to all property owners within 500 feet of the perimeter of the subject property, in the same manner as is required for zoning amendments changing the district classification of land, as set forth in § 230-78 of this chapter. The applicant shall cause signs to be posted on such property on each street frontage indicating the date and purpose of such hearing, at least 10 days prior to the date of the hearing. The costs of all such notice shall be paid by the applicant.
(e) 
The Planning Board may disapprove any proposed construction which it finds would adversely affect the desirability of the immediate and neighboring areas by reason of any of the following:
[1] 
Excessive dissimilarity or inappropriateness in relation to any other structure existing or for which a permit has been issued, or to any other structure included in the same permit application, facing upon the same or intersecting street and within 500 feet of the proposed new structure, in respect to one or more of the following features: cubical content; gross floor area; building area or height of roof; or other significant design features, such as materials or style of architectural design.
[2] 
Excessive similarity to any other structure existing or for which a permit has been issued, or to any other structure included in the same permit application, facing upon the same or intersecting street and within 500 feet of the proposed new structure, in respect to one or more of the following features of exterior design and appearance: apparently identical front, side, or other elevations visible from a street; substantially identical size and arrangement of either doors, windows, porticos, or other openings or breaks in the elevation facing the street, including reverse arrangement; or other significant identical features of design, such as but not limited to material, roofline, height, or design elements.
[3] 
Incompatibility of the building with the site with respect to the amount of grading required, treatment of exposed foundations, and loss of existing vegetation.
(f) 
In approving construction, the Planning Board may impose appropriate conditions and safeguards designed to prevent adverse effects to the desirability of the immediate and neighboring areas. Such conditions may include appropriate landscaping or site grading in addition to modifications to the form and materials of the proposed building.
(g) 
The Planning Board shall restrict its consideration to a reasonable and professional review of the proposal and plans, leaving full responsibility for the design and development to the applicant. The Planning Board shall not unduly restrict new or innovative building types, materials, or methods. In its endeavor to improve the quality of design, the Planning Board shall consider cost as one factor along with design in its efforts to achieve the objectives of this chapter.
(h) 
The Planning Board shall approve, approve with modifications, or disapprove the application within 31 days of the close of the public hearing. Planning Board approval, approval with modifications, or disapproval shall be in written form and shall include specific findings with respect to the standards contained in Subsection E(5)(e) of this section. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof shall be mailed to the applicant forthwith.
(i) 
After approval of plans by the Planning Board, all construction shall conform in every respect to the approved plans. No alteration, modification, or amendment shall be made to the approved plans if such alteration shall affect the exterior appearance of the proposed structure in any respect, unless such alteration, modification, or amendment shall have been approved by the Planning Board.
(j) 
Any person aggrieved by an action of the Planning Board in approving or disapproving an application before it under this section of this chapter may take an appeal therefrom to the Board of Appeals.
(6) 
Expiration and extensions. Every building permit shall expire by limitation at the end of one year from the date issued. If construction is not completed within said one-year period, the Building Inspector may, for good cause shown, extend the building permit for a maximum of two successive periods, each not to exceed one year.
[Amended 6-10-2014 by L.L. No. 4-2014]
(7) 
Liability insurance. In the event 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 the issuance of such building permit, the applicant shall present evidence of liability insurance saving the Village harmless in the amount of $1,000,000 per person and $3,000,000 per occurrence, in a form acceptable to the Village Attorney. 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 but not limited to 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 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 pursuant to § 230-36C(5) of this chapter may suspend such activity pending receipt of the required liability policy.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(8) 
Fees. Every application for a building permit pursuant to this chapter and/or the Building Code shall be accompanied by a fee in accordance with the Fee Schedule of the Village of Wesley Hills.
(9) 
Inspections during construction. Work for which a building permit has been issued hereunder shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including, but not limited to, building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing, and heating and air conditioning. It shall be the responsibility of the owner, applicant, or his agent to inform the Building Inspector that the work is ready for inspection and to schedule such inspection.
[Added 10-12-1999 by L.L. No. 1-1999]
F. 
Issuance of certificates of occupancy.
(1) 
When required.
(a) 
No building or structure or portion thereof for which a building permit is required shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.
[Amended 4-7-1987 by L.L. No. 5-1987]
(b) 
No change shall be made in the use or type of occupancy of an existing building or structure, or change in the use of land, except to any use which is primarily agricultural, unless a certificate of occupancy authorizing such change in use shall have been issued by the Building Inspector. A change in use shall include a change in the type or general class of goods or services sold.
(2) 
Application and affidavit. The owner or his agent shall make application for a certificate of occupancy. Accompanying this application, and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector:
(a) 
A complete set of as-built drawings showing the as-built locations of all the underground facilities and interior mechanical services. These plans shall be signed and certified by a New York State licensed architect or engineer; and
(b) 
An affidavit of the owner or the registered architect or licensed professional engineer who supervised the construction of the work, or of the superintendent of construction who supervised the work, and who, by reason of this experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with this chapter and the law governing building construction, including all subdivision regulations and the requirements of any approved subdivision, plat or site plan, except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
(3) 
Issuance of certificate. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy, and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the law. However, any certificate of occupancy for the establishment of any use of a building or land requiring a special permit as listed in the Schedule of Use Regulations, and any other particular use requiring the approval of the Planning Board, shall be issued only with the authorization of the Planning Board. Every certificate of occupancy for a use for which a special permit or variance has been granted shall contain a detailed statement of such special permit or variance and of the conditions to which the same is subject.
(4) 
Fees. Every application for a certificate of occupancy shall be accompanied by a fee as set forth in the Fee Schedule of the Village of Wesley Hills.
(5) 
Revocation. A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect so long as such building or land is used for the use authorized in the certificate of occupancy. If terms of such certificate of occupancy are violated by the holder thereof, the Building Inspector or Code Inspector may, by service of notice of violation, revoke such certificate of occupancy, which order of revocation is, however, subject to review by the Board of Appeals, by the holder thereof taking an appeal to the Board of Appeals within 30 days of service of said order of termination.
(6) 
Copies. Copies of every certificate of occupancy issued hereafter shall be furnished, on request to the Planning Board or Board of Appeals, and on the payment of the regular application fee therefor to any other person. The Board of Trustees may by resolution fix the fees required from the general public for copies of public documents under this chapter.
G. 
Issuance of certificates of use.
[Added 4-7-1987 by L.L. No. 5-1987]
(1) 
When required.
(a) 
In the NS District only, no building, structure or lot or portion thereof shall be used or occupied in whole or in part until a certificate of use shall have been issued by the Building Inspector.
(b) 
In the NS District only, a change of use or change of occupancy of a building, structure or lot or portion thereof shall also require the issuance of a certificate of use.
(2) 
Planning Board authorization. Every certificate of use required as a result of a change of use shall be issued only with the authorization of the Planning Board.
(3) 
Procedure. A complete application, including a completed application form and fee, for a certificate of use shall be submitted. The Building Inspector shall examine all files pertaining to the building, structure or lot to identify any outstanding violations of the laws of the Village of Wesley Hills. If the premises for which the certificate of use is requested are located in or on a building, structure or lot for which any outstanding violation exists, the Building Inspector shall deny the application for a certificate of use. If no such violations exist, and only a change of occupancy is proposed, the Building Inspector shall approve the application. The determination by the Building Inspector to approve or deny the application shall be made within 10 days of receipt of a complete application. If no such violations exist and a change of use is proposed, the Building Inspector shall, within 10 days of receipt of a complete application, refer said application to the Planning Board for review under § 230-44A, Clause c.
(4) 
Application forms. The owner or his agent shall make application for a certificate of use on forms available from the Building Inspector.
(5) 
Fees. Every application for a certificate of use shall be accompanied by a fee set forth in the Fee Schedule of the Village of Wesley Hills.
(6) 
Termination. A certificate of use shall be deemed to authorize, and is required for, both initial and continued use of the building, structure, lot, or portion thereof to which it applies and shall continue in effect so long as there is no change in use or change in occupancy affecting such building, structure or lot or portion thereof. If the terms of such certificate of use are violated, the Building Inspector or Code Inspector may, by service of notice of violation, terminate such certificate of use.
A. 
Penalties.
[Amended 3-11-1986 by L.L. No. 1-1986; 10-12-1999 by L.L. No. 1-1999]
(1) 
Any person, as defined in this chapter, other than a corporation, who shall violate any provision of this chapter or any other regulation made under authority conferred thereby, or who shall build or alter any structure or use any land in violation of any statement or plan submitted and approved thereunder, or who shall knowingly assist therein, shall be liable to either:
(a) 
A fine of not more than $5,000 or imprisonment for a period not exceeding 15 days, or both such fine and imprisonment; or
(b) 
A civil penalty not exceeding $5,000.
(2) 
Any corporation which shall violate any provision of this chapter or any other regulation made under authority conferred thereby, or which shall build or alter any structure or use any land in violation of any statement or plan submitted and approved thereunder, or which shall knowingly assist therein, shall be liable to either:
(a) 
A special corporate fine of not more than $5,000; or
(b) 
A civil penalty not exceeding $5,000.
(3) 
Each week's continued violation shall constitute a separate and additional violation, for which separate and additional fines and punishment or civil penalties may be imposed and recovered.
(4) 
In the event the penalty sought is within the monetary jurisdiction of the Justice Court, as established in Article 18 of the Uniform Justice Court Act, such action to recover such penalty may, as shall be determined by the Village Attorney, be commenced as a small claim pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
(5) 
In addition to the foregoing provisions, the Village shall have such other remedies for any violation or threatened violation of this chapter as are now or may hereafter be provided by law. The application of any above penalty shall not be held to prevent any action under Subsection B below.
B. 
Prevention. In case any land is used or structure is erected, constructed, altered or maintained in violation of this chapter, any regulation made pursuant thereto or any detailed statement or plan submitted and approved thereunder, in addition to other lawful remedies, any appropriate action or proceedings may be instituted to prevent such unlawful use, erection, construction, alteration or maintenance, to restrain, correct or abate such violation, to prevent the occupancy of such structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Whenever the Building Inspector or Code Inspector has reasonable grounds to believe that work on any structure is being prosecuted in violation of the provisions of this chapter, or not in conformity with any regulation made pursuant thereto or not in compliance with any detailed statement or plan submitted and approved thereunder, or in an unsafe and dangerous manner, he may issue a stop-work order pursuant to the provisions of the Building Code.
C. 
For purposes of this section, the term "person" as defined in Subsection A above shall include but not be limited to the owner of land, a tenant in possession or a contractor working on the property.
[Added 9-8-2020 by L.L. No. 2-2020]