Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

Special permit. To issue special permits for any of these uses for which this chapter requires the obtaining of such permits from the Zoning Board of Appeals.

Variances. To vary the strict application of any of the requirements of Chapter 350, Zoning, of the Village of Dryden.

Procedure. The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals made to the Board shall be in writing, on forms prescribed by the Board. Every appeal shall refer to the specific provision of the law involved, and shall exactly set forth the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. At least seven days before the date of the hearing required by law on an appeal to the Zoning Board of Appeals, the secretary of said Board shall transmit to the Planning Board a copy of said appeal, together with a copy of the notice of the aforesaid hearing and shall request that the Planning Board submit to the Zoning Board of Appeals its opinion on said appeal, and the Planning Board shall submit a report of such advisory opinion prior to the date of said hearing. Upon failure to submit such report, the Planning Board shall be deemed to have approved the appeal.

To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits, and the plans, specifications, and construction documents submitted with such applications;

Upon approval of such applications, to issue building permits, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits, and to include in terms and conditions as the Code Enforcement Officer may determine to be appropriate building permits, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits;

To conduct construction inspections; inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits; fire safety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this article;

To issue stop-work orders;

To review and investigate complaints;

To issue orders pursuant to Subsection A of § 350-90, Penalties for offenses, of this article;

To maintain records;

To collect fees as set by the Board of Trustees of the Village of Dryden;

To pursue administrative enforcement actions and proceedings;

In consultation with the Village Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this chapter; and

To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this article.

Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses), which are used for tool and storage sheds, playhouses, or similar uses, provided the gross floor area does not exceed 144 square feet;

Construction of temporary sets and scenery associated with motion picture, television, and theater uses;

Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

Installation of partitions or movable cases less than five feet nine-inches in height;

Painting, wallpapering, tiling, carpeting, or other similar finish work;

Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or

Repairs, provided that the work does not have an impact on fire and life safety, such as i) any part of the structural system; ii) the required means of egress; or iii) the fire-protection system or the removal from service of any part of the fire-protection system for any period of time.

A description of the location, nature, extent, and scope of the proposed work;

The Tax Map number and the street address of any affected building or structure;

The occupancy classification of any affected building or structure;

Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

At least two sets of construction documents (drawings and/or specifications) which:

Application for special permit for submission to the Zoning Board of Appeals.

Application for permission to excavate street, if such work is required.

Application for a backflow preventer or grease trap, if required.

Application for water service connection.

Application for sewer connection.

Floodplain development permit application, if needed pursuant to Article 700.

Construction involving cosmetic work only.

Construction not resulting in a change of the footprint of improvements then on the property.

Construction not affecting the use of the premises.

Two copies of a layout or plot plan drawn to scale showing the actual dimensions of the subject lot, the exact size and location of the building and accessory buildings erected and to be erected on the lot with dimensions to property lines.

Full name and address of the owner and if by a corporation, the name and addresses of the responsible officials.

Identification of the land on which the work is to be done.

Description of the use or occupancy of the land and existing or proposed building.

Description of the proposed work.

Fee. The fee specified in or determined in accordance with the provisions set forth in § 350-91, Fees, of this article must be paid at the time of submission of an application for a zoning permit.

Work site prior to the issuance of a building permit;

Footing and foundation;

Preparation for concrete slab;

Framing;

Structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building;

Fire-resistant construction;

Fire-resistant penetrations;

Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;

Inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and high-performance lighting and controls;

Installation, connection, and assembly of factor manufactured buildings and manufactured homes; and

A final inspection after all work authorized by the building permit has been completed.

Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.

A written statement of structural observations and/or a final report of special inspections;

Flood hazard certifications;

A written statement of the results of tests performed to show compliance with the Energy Code; and

Where applicable, the affixation of the appropriate seals, insignias, and manufacturer's data plates as required for factory manufactured buildings and/or manufactured homes.

The building permit number, if any;

The date of issuance of the building permit, if any;

The name (if any), address and Tax Map number of the property;

If the certificate of occupancy or certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy or certificate of compliance is issued;

The use and occupancy classification of the structure;

The type of construction of the structure;

The occupant load of the assembly areas in the structure, if any;

Any special conditions imposed in connection with the issuance of the building permit; and

The signature of the Code Enforcement Officer issuing the certificate of occupancy or certificate of compliance and the date of issuance.

Its structural condition is or may become dangerous or unsafe to the general public; or

It is open at doorways and windows making it accessible to and an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers; or

It is or may become a place of infestation by rodents, insects or other animals; or

It consists of debris, rubble or parts of buildings left on the ground after demolition, reconstruction, fire or other casualty; or

Presents any other danger to the health, safety, morals and general welfare of the public; or

Is unfit for the purpose for which it may lawfully be used, the Code Enforcement Officer shall make a formal inspection thereof and report in writing to the Village Board his/her findings and recommendations in regard to its repair or demolition and removal.

A description of the premises;

A statement of the particulars in which the building, structure or equipment is unsafe or dangerous;

An order outlining the manner in which the building, structure or equipment is to be made safe and secure, or removed;

A statement that the securing or removal of such building shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter, unless for good cause shown such time shall be extended;

A date, time and place for a hearing before the Village Board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less than five business days from the date of the service of the notice; and

A statement that in the event of neglect or refusal to comply with the order to secure or demolish and remove the building, the Board of Trustees of the Village will order the repair or removal of such building or structure by the Village.

By personal service of a copy thereof upon the owner, executor, administrator, agent, lessee or any person having a vested or contingent interest in such unsafe building as shown by the records of the receiver of taxes (Tax Collector) or of the County Clerk; or, if no such person can be reasonably found, by mailing such owner by certified mail a copy of such notice directed to his/her last known address as shown by the above records; and

By personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found; and

By securely affixing a copy of such notice upon the unsafe building.

Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;

Buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS as follows:

Energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS.

Buildings containing one or more assembly areas;

Outdoor events where the planned attendance exceeds 1,000 persons;

Facilities that store, handle or use hazardous production materials;

Parking garages, as defined in Subsection A of § 350-86, Condition assessments of parking garages, of this article;

Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Village of Dryden Board of Trustees.

Other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Village of Dryden Board of Trustees. Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.

Operating permits shall be issued for a specified period of time consistent with local conditions, but in no event to exceed as follows:

The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.

At least once every 12 months for buildings which contain an assembly area;

At least once every 12 months for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities; and

At least once every 36 months for multiple dwellings and all nonresidential occupancies.

The request of the owner of the property to be inspected or an authorized agent of such owner;

Receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or

Receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

The Code Enforcement Officer is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR 1203.2(e);

The Code Enforcement Officer is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection;

Such inspections are performed no less frequently than once a year;

A true and complete copy of the report of each such inspection is provided to the Code Enforcement Officer; and

Upon receipt of each such report, the Code Enforcement Officer takes the appropriate action prescribed by § 350-90, Penalties for offenses, of this article.

Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 350-90, Penalties for offenses, of this article;

If appropriate, issuing a stop-work order;

If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.

Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure.

Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as follows:

Any parking garage constructed prior to the effective date of this article that has not undergone an initial condition assessment prior to that effective date shall undergo an initial condition assessment prior to within six months after the effective date of this article.

If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.

If the Village of Dryden becomes aware of any new or increased deterioration which, in the judgment of the Village of Dryden, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Village of Dryden to be appropriate.

An evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure;

An evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure;

An evaluation and description of the unsafe conditions;

An evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions;

An evaluation and description of the corrective options available, including the recommended time frame for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;

An evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions;

The responsible professional engineer's recommendation regarding preventative maintenance;

Except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that he/she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and

The responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage's age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in their professional judgment.

Perform such construction inspections as are required by § 350-78, Construction inspections, of this article;

Perform such periodic fire safety and property maintenance inspections as are required by § 350-84, Fire safety and property maintenance inspections, of this article; and/or

Take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Village of Dryden by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment.

Design criteria to include ground snow load; wind design loads; seismic category; potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature;

Heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and

Flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with:

All applications received, reviewed and approved or denied;

All plans, specifications and construction documents approved;

All building permits, certificates of occupancy, certificates of compliance, temporary certificates, stop-work orders, and operating permits issued;

All inspections and tests performed;

All statements and reports issued;

All complaints received;

All investigations conducted;

All condition assessment reports received;

All fees charged and collected; and

All other features and activities specified in or contemplated by§§ 350-76 through 350-86, inclusive, of this article.

The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this article. A violation notice/order to remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this article; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this article which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following:

"The person or entity served with this violation notice/order to remedy must completely remedy each violation described in this order by [specify date], which is 30 days after the date of this violation notice/order to remedy."

The violation notice/order to remedy may include provisions ordering the person or entity served with such violation notice/order to remedy 1) to begin to remedy the violations described in the violation notice/order to remedy immediately, or within some other specified period of time which may be less than 30 days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within 30 days of the date of such violation notice/order to remedy; and/or 2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this article or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period while such violations are being remedied. The Code Enforcement Officer shall cause the violation notice/order to remedy, or a copy thereof, to be served on the owner of the affected property personally or by certified mail within five days after the date of the violation notice/order to remedy. The Code Enforcement Officer shall be permitted, but not required, to cause the violation notice/order to remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five days after the date of the violation notice/order to remedy; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

Any person, firm, or corporation who violates any provision of this article or any term, condition, or provision of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article, shall be punishable by a fine of not more than $1,000 per day of violation, or imprisonment not exceeding 15 days or both; and

Civil penalty. Any person who violates any provision of the Uniform Code, the Energy Code or this article, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article, shall be liable to pay a civil penalty of not more than $1,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Village of Dryden.