[Amended 8-2-2011 by L.L. No. 3-2011; 7-15-2015 by L.L. No. 5-2015]
No building or retaining wall in any district shall be erected,
demolished, reconstructed or restored or structurally altered without
a building permit and/or demolition permit duly issued upon application
to the Building Inspector. No building permit or demolition permit
shall be issued unless the proposed construction, demolition or use
is in full conformity with all the provisions of the law. Any building
permit or demolition 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 for revocation or nullification thereof,
and any work undertaken or use established pursuant to any permit
shall be unlawful.
A.
At a minimum, every application for a building permit shall contain
the following information and be accompanied by the required fee and
by a plot plan drawn to scale and signed by the person responsible
for such drawing. If no such plot plan is available, a survey, prepared
by a licensed engineer or land surveyor, is required. Additional information
and documentation may be required by the Building Inspector when context
appropriate.
(1)
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.
(2)
The section, block and lot numbers as they appear on the latest tax
records.
(3)
The exact size 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, including driveways and walks.
(4)
The dimensions of all yards in relation to the subject building and
the distances between such building and any other existing buildings
on the same lot.
(5)
The existing and intended use of all buildings, existing or proposed,
the use of land and the number of dwelling units the building is designed
to accommodate.
(6)
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.
B.
At a minimum, every application for a demolition permit shall contain
the following information and be accompanied by the required fee.
Additional information and documentation may be required by the Building
Inspector when context appropriate.
(1)
Location of the property to be the subject of the demolition, including
the street address and the section, block and lot numbers as they
appear on the latest tax records.
(2)
Name and contact information for the owner of the property.
(3)
The building type and dimensions, including square footage and number
of stories.
(4)
Certificates of insurance of the type and in the coverage limits
set from time to time by the Building Inspector and as set forth on
the face of the application.
(5)
Notice from utility providers that service has been disconnected.
(6)
Certificate of compliance by licensed exterminator.
(7)
Test results from a New York State certified inspector as to the
presence of asbestos and other similar hazards.
(8)
A bond or cash deposit in an amount deemed by the Building Inspector
to cover the cost of compliance with this chapter.
(9)
Photographs of all sides of the building(s) to be demolished.
(10)
Demolition plans stamped and signed by a licensed architect
or engineer, the sufficiency of the level of detail on such plans
to be determined by the Building Inspector as context appropriate.
C.
No building permit shall be issued for the construction or alteration
of any building upon a lot without access to a street or highway as
stipulated in § 7-736 of the Village Law.
D.
No building permit shall be issued for any building subject to site
plan approval by the Planning Board or subject to review by the Board
of Architectural Review, except in conformity with the plans approved
by either or both of said boards, as appropriate.
E.
No building permit shall be issued for a building to be used for
any conditional use in any district where such use is subject to approval
by the Planning Board, unless and until such approval has been duly
granted by the Planning Board.
F.
No building permit shall be issued for a building to be used for
any special permit in any district where such use is subject to approval
by the Village Board, unless and until such approval has been duly
granted by the Village Board.
G.
No building permit shall be issued for a building permitted subject
to a variance granted by the Zoning Board of Appeals, except in accordance
with all conditions which may have been prescribed by such Board.
H.
No demolition permit shall be granted without consideration of and compliance with § 270-25E, Regulated conduct for alteration, demolition or new construction affecting landmarks or historic districts, if applicable.
I.
The building and demolition permit application and all supporting
documentation shall be made in such number of copies as may be required
by the Building Inspector. Upon issuance of a building permit, the
Building Inspector shall return one copy of all filed documents to
the applicant.
J.
The Building Inspector or his or her duly authorized designee shall,
after the filing of a complete and properly prepared application,
either issue or deny a building or demolition permit. If a building
or demolition permit is denied, the Building Inspector or his or her
duly authorized designee shall state, in writing, to the applicant
the reasons for such denial.
K.
Every building permit shall expire if the work authorized has not
commenced within three months after the date of issuance, or has not
been completed 12 months from such date for construction costing less
than $1,000,000 and has not been completed within 18 months from such
date for construction costing in excess of such amount. If no amendments
to this chapter or to other codes or regulations affecting subject
property have been enacted in the interim, the Building Inspector
may authorize, in writing, the extension of either of the above periods
for an additional six months, following which no further work is to
be undertaken without a new building permit.
L.
Every demolition permit issued pursuant to this chapter may be suspended
or revoked if it is determined that the work to which it pertains
is not proceeding in conformity with applicable law or regulation,
or with any condition attached to such permit, or if there has been
a misrepresentation or falsification of a material fact in connection
with the application for the permit.
M.
A demolition permit issued pursuant to this chapter shall expire
six months from the date of issuance. A demolition permit may, upon
written request, be renewed for up to two successive six-month periods.
Renewals of permits may be granted only if:
N.
As soon as the construction of any foundation of a building or of
any addition to an existing building is completed, and before first-story
framing or wall construction is begun, there shall be filed with the
Building Inspector an accurate survey, signed by the person responsible
for said survey, showing the exact location of such foundation with
respect to the street and property lines of the lot.
O.
Applications for a building permit or a demolition permit, and any
extensions thereof, shall be accompanied by a fee, as set forth in
the fee schedule of the Village of Ossining.
A.
The following shall be unlawful until a certificate of occupancy
shall have been applied for and issued by the Building Inspector.
B.
No certificate of occupancy shall be issued for any conditional use
of a building or of land requiring conditional use approval by the
Planning Board or for any land or use requiring site plan approval
by the Planning Board unless and until such conditional use or site
plan approval has been duly granted by the Planning Board. Every certificate
of occupancy for which conditional use or site plan approval has been
granted, or in connection with which a variance has been granted by
the Zoning Board of Appeals, shall contain a detailed statement of
any condition to which the same is subject.
C.
Application for a certificate of occupancy for a new building or
for an existing building which has been altered shall be made on forms
furnished by the Building Inspector after erection of such building,
or part thereof, has been completed in conformity with the provisions
of this chapter. In the case of a new building, such application shall
be accompanied by an accurate plot plan or, if not available, by a
survey prepared by a licensed land surveyor or engineer showing the
location of all buildings as-built. Such certificate shall be issued
within 10 days after receipt of the properly completed application,
but only provided the application states that all requirements of
all other applicable codes or laws in effect are complied with.
D.
If the proposed use is in conformity with the provisions of this
chapter and of all other applicable codes, ordinances and laws, a
certificate of occupancy for the use of vacant land or for a change
of use of a nonconforming use shall be issued by the Building Inspector
within 10 days after receipt of a properly completed application.
If a certificate of occupancy is denied, the Building Inspector shall
state the reasons, in writing, to the applicant.
E.
In regard to those uses which are subject to the performance standards
procedure, the following requirements shall also apply:
(1)
Any normal replacement or addition of equipment and machinery not
affecting the operations or the degree or nature of dangerous and
objectionable elements emitted shall not be considered a change in
use.
(2)
After occupancy, if there occur frequent or continuous, even though
intermittent, violations of the performance standards and other provisions
for a period of five days, without bona fide and immediate corrective
work, the Building Inspector shall suspend or revoke the occupancy
permit of the use, and the operation shall immediately cease until
it is able to operate in accordance with these regulations, at which
time the occupancy permit shall be reinstated.
(3)
The Building Inspector shall investigate any alleged violation of
the performance standards, and if there are reasonable grounds to
believe that a violation exists, he may employ qualified experts.
A copy of the findings of the Building Inspector and, where applicable,
said experts shall be forwarded to the Village Board. The services
of any qualified experts employed by the Village to advise in establishing
a violation shall be paid for by the violator, if a violation is proved,
and otherwise by the Village. No new certificate of occupancy shall
be issued unless such charges have been paid to the Village.
G.
A certificate of occupancy shall be deemed to authorize, and is required
for, both initial occupancy and the continued occupancy and use of
the building or land to which it applies.
H.
Upon written request by the owner, and upon payment of a fee as provided
in the building code, the Building Inspector shall, after inspection,
issue a certificate of occupancy for any building or use thereof,
or of land, existing at the time of the adoption of this chapter,
certifying such use and whether or not the same and the building conforms
to the provisions of this chapter.
I.
A record of all certificates of occupancy shall be kept in the office
of the Building Inspector, and copies shall be furnished, on request,
to any agency of the Village or to any persons having a proprietary
or tenancy interest in the building or land affected.
J.
A partial
certificate of occupancy or use for periods of 90 days, but not more
than one year in the aggregate, for a building, structure or part
thereof may be issued before all the on-site improvements are complete;
provided, nonetheless, that such portion or portions of the site improvements
as are necessary to permit the site to be occupied safely without
endangering life or the public welfare have been completed. The Building
Inspector shall require a cash deposit to ensure and guarantee the
completion of the on-site improvements. The Building Inspector shall
determine the sum of such cash deposit.
[Added 8-2-2011 by L.L. No. 3-2011]
A.
It shall be the duty of the Building Inspector to enforce the provisions
of this chapter and of all rules, conditions and requirements adopted
or specified pursuant thereto.
B.
The Building Inspector, or his duly authorized assistant(s), shall
have the right to enter any building or enter upon any land at any
reasonable hour, as necessary, in the execution of their duties.
A.
Any person or corporation, whether as owner, lessee, architect, contractor
or builder, or the agent or employee of any of them, who violates
or who knowingly assists in the violation of any provision of this
chapter or any rule or regulation made under the authority conferred
by this chapter or who shall build, erect, construct, alter, enlarge,
convert or move any building or structure, or any part thereof, without
a building permit, or in violation of this chapter, or in violation
of any statement or plans submitted and approved under the provisions
of this chapter, or who shall use any land, building or structure
in violation of this chapter or any rule or regulation made under
the authority conferred by this chapter or any statement or plan submitted
and approved thereunder or in violation of the provisions of any building
permit or change of occupancy permit or certificate of occupancy or
without a permit or certificate required by this chapter and who fails
to abate said violation within the time period specified on the violation
notice issued by the Building Inspector, or his designee, and after
written notice has been served upon him either by mail or personal
service shall be liable to a minimum fine of $100 and a maximum fine
of $5,000 or imprisonment not exceeding 15 days, or both such fine
and imprisonment. Each and every day that any such violation continues
after the specified time to abate shall constitute a separate offense.
B.
The imposition of penalties herein prescribed shall not preclude
the Village or any person from instituting appropriate legal action
or proceeding to prevent an unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use or to restrain,
correct or abate a violation or to prevent the illegal occupancy of
a building, land or premises.
