[HISTORY: Adopted by the Board of Trustees
of the Village of Sea Cliff 8-11-1986. Amendments noted where applicable]
The Board of Trustees of the Incorporated Village
of Sea Cliff prescribes the following rules and regulations for the
proper administration of pro forma building permit applications.
The following rules and regulations are intended to provide an orderly procedure for the processing, review and disposition of applications for building permits for proposed construction which, by itself, does not violate any of the requirements of Chapter 138 of the Code of the Incorporated Village of Sea Cliff, and to further implement and define the provisions of Subsections B, C, D and E of § 138-1201 of Chapter 138, Zoning, of the Code of the Incorporated Village of Sea Cliff.
A.
Where an application for a building permit is made to construct a building or structure upon a lot which violates any of the requirements of Chapter 138 of this Code or upon which is erected any building or structure which violates any of the requirements of said chapter, a determination shall be made by the Building Department of the Incorporated Village of Sea Cliff as to whether or not the proposed structure, by itself, violates any of the requirements of Chapter 138, Zoning.
B.
If the Building Department determines that the proposed structure, by itself, does not violate any of the requirements of Chapter 138 of the Village Code, no variance application or variance from the provisions of Chapter 138 shall be required, and a building permit shall be issued subject to and upon compliance with all other applicable provisions of the Village Code.
E.
All building permits issued hereunder and hereafter shall expire automatically 12 months after the date of issuance. The Building Department shall be authorized, upon written request, to grant extensions of a building permit for no more than two successive periods of six months in duration each or to reinstate a lapsed building permit for good cause shown. Any building permit issued prior to the effective date of this subsection shall be deemed to have been issued on such effective date and shall be entitled to two successive renewals as provided above. The fee for such permit shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application which shall be in writing and shall be filed with the Building Superintendent. The form for such application shall be as prescribed by the Building Superintendent. After the expiration of the last of any applicable renewal periods, the applicant shall be required to pay a fee in the sum set forth in Chapter A142, Schedule of Fees, for new building permits.
[Added 9-10-2007 by L.L. No. 6-2007; 11-10-2008 by L.L. No.
12-2008]
A.
In determining whether or not any of the situations or conditions enumerated in Subsection C of § 138-1201 or Subsection D of § A158-3, above, exist, the Building Department shall review and refer to the following documents or information either available as part of the Village records or as provided by the applicant:
(1)
Certificates of occupancy, certificates of completion,
building permit applications, tax assessment records, variance applications
and all other similar documents on file with the Village or any other
municipal agency.
(2)
Surveys, plot plans, filed maps and similar professionally
prepared drawings depicting the size of the property and the location
of structures on the property.
(3)
Photographs, written records and similar evidences
of historical value.
(4)
Affidavits of independent persons, long-time Village
residents, neighbors, prior owners, tenants, occupants and owners
with personal knowledge of the premises and its physical characteristics
and development.
(5)
All other reasonable documents and information pertinent
to the determination to be made regarding the application pending
before the Building Department.
B.
The adequacy of the documents and information submitted pursuant to § A158-4A above shall depend upon the type of document, the date of preparation or origination, whether or not the document is guaranteed, the original purpose, the apparent accuracy or authenticity and all other similar factors bearing upon the validity and timeliness of the document or information.
C.
When the documents and/or information submitted or available are ambiguous or do not prove conclusively to a reasonable degree that none of the situations or conditions enumerated in § 138-1201C or § A158-3D exist, the exception contemplated by § 138-1201B shall not be available, the application for a building permit shall be denied and the application shall be subject to the variance procedures set forth in the Village Code.
A.
The general rules of construction and interpretation set forth in Subsection B of this section shall be applied by the Building Department in determining whether or not any of the situations or conditions enumerated in § 138-1201C or § A158-3D exist, and in determining whether or not the exception provided for and permitted by § 138-1201B is available.
B.
The general rules of construction and interpretation
to be applied by the Building Department are as follows:
(1)
No certificate of occupancy or certificate of completion
shall be required for any building or structure constructed prior
to October 5, 1931.
(2)
No certificate of occupancy or certificate of completion shall be required for any building or structure constructed prior to October 15, 1979, for which a certificate of occupancy or certificate of completion was not required under Chapter 138, Zoning, regulations in effect prior to that date.
(3)
A survey prepared by a licensed land surveyor and
guaranteed to a lending institution or title company duly licensed
to do business in the State of New York shall be presumptive evidence
of the state of facts shown by said survey as of the date that the
survey was prepared, as indicated thereon.
Any person aggrieved by any ruling, decision or determination of the Building Department or by the failure of such Building Department to approve or deny, within 60 days after submission, any application for a pro forma building permit, pursuant to the provisions of § 138-1201 and Chapter A158 of this Code, may appeal therefrom, within 60 days from the date of such ruling, decision, determination or submission, to the Zoning Board of Appeals, which shall hear and decide all appeals regarding the enforcement and administration of § 138-1201 and Chapter A158 of this Code. In deciding such appeals, the Zoning Board of Appeals may reverse, modify or affirm the action of the Building Department and render its own determination when the Building Department has neither approved nor denied the application.
A.
The Zoning Board of Appeals shall be notified by the
Building Department regarding any application for a pro forma building
permit. No permit shall be issued for a period of 14 days following
referral of the application to the Zoning Board of Appeals unless
the Zoning Board of Appeals shall sooner indicate that no prior review,
comment or advice by the Board is required.
B.
Although all pro forma building permit applications
shall be referred to the Zoning Board of Appeals, failure by the Building
Department to refer the application to the Zoning Board of Appeals
shall not render the application or the determination of the Building
Department void or ineffective in any matter; nor shall any delay
in the processing of the application occur as a result thereof.
C.
Where an application for a pro forma building permit
is reviewable by the Zoning Board of Appeals, the Board shall submit
its comments and recommendations to the Building Department within
14 days following referral of the application to the Zoning Board.
Such comments and recommendations shall be considered by the Building
Department in its review of the application but shall not be binding
upon such Department.
D.
Failure by the Zoning Board of Appeals to submit its
comments and recommendations to the Building Department within said
fourteen-day period shall not render the application or the determination
of the Building Department void or ineffective in any manner, nor
shall it delay the processing of the application in any way.
These rules and regulations may be amended by
the Board of Trustees at any public meeting, provided that notice
of such proposed amendment and a written copy of the same has been
given to each member of the Board not less than five days prior to
such meeting. Such amendments shall become effective when approved
and duly adopted by resolution of the Village Board of Trustees.
