Greenwood Lake City Zoning Code
ARTICLE XII
Enforcement
§ 120-75 Building Inspector.
A.
It shall be the duty of the Building Inspector to enforce the provisions of the New York State Uniform Fire Prevention and Building Code,[1] this chapter and all rules, conditions and requirements adopted or specified pursuant thereto. The Village Board may appoint one or more Assistant Building Inspectors to serve at the pleasure of the Board and to exercise any and all of the duties and powers of the Building Inspector.
B.
Alternatively, the Village Board of Trustees may appoint a separate Zoning Enforcement Officer to administer this chapter, Chapter A122, Subdivision Regulations, or any other local land use regulation. The Zoning Enforcement Officer shall have all the powers and duties assigned to the Building Inspector in this chapter.
C.
No person shall be disqualified from serving as a Zoning Enforcement Officer or administrator by reason of serving as a Building Inspector or Code Enforcement Officer.
D.
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 in the course of his duties. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection pursuant to a request made to the Village Clerk under the Freedom of Information Act.[2]
[2]
Editor's Note: See Public Officers Law § 85 et seq.
E.
The Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent on each complaint, which records shall be public records. He shall report to the Village Board, at intervals of not greater than three months, summarizing for the period since his last previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him consequent thereon.
F.
The Building Inspector shall maintain records of the actual elevation of the lowest habitable floor (including basement) of all new and/or substantially improved structures, as provided for in § 120-79C and D, and, in the case of new and/or substantially improved floodproofed structures, he shall, upon inspection of said structures, verify and record the actual elevation (in relation to mean sea level). All certifications required by § 120-79 shall be maintained by him.
G.
The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and shall, where he has determined that a violation exists, issue an order to remedy violations. Said order shall set forth the violation, the remedy and a date by which the violation shall be corrected or remedied as determined by the Building Inspector.
H.
At the request of the Board of Trustees, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings.
§ 120-76 Building permit required.
A building permit is required for the following activities:
A.
The erection, restoration, reconstruction or structural alteration of any building.
B.
The construction or installation of fences and retaining walls.
C.
Replacement of roofing and/or siding.
D.
Masonry work.
E.
Interior and exterior structural repairs.
F.
Replacement or modifications of existing structures.
G.
Construction or erection of accessory buildings or structures, including prefabricated accessory buildings and structures.
H.
The installation of above- and below-ground swimming pools.
I.
The demolition of existing structures or parts thereof.
J.
Any development (man-made change to improved or unimproved real estate) of land identified on the Flood Insurance Rate Map as an area of special flood hazard (Zone A2 and Zone A). There shall be compliance with all applicable provisions of Local Law No. 2-1987, in addition to the requirements of this chapter.
K.
Any surface being made into a more impervious surface for purposes of ensuring adequate stormwater runoff control.
[Amended 4-1-1999 by L.L. No. 1-1999]
L.
Driveway repair or construction.
[Added 11-15-2010 by L.L. No. 3-2010]
M.
Well installation or repair.
[Added 11-15-2010 by L.L. No. 3-2010]
N.
Septic installation or repair.
[Added 11-15-2010 by L.L. No. 3-2010]
§ 120-77 Authorization required.
No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and a building permit has been duly issued upon application to the Building Inspector. Any building 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 or revocations of nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful.
§ 120-78 Required application documents and information.
Applications for a building permit shall be made in triplicate 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 that the proposed work is authorized by the owner and that the applicant is authorized to make such application. The application shall be accompanied by the following:
A.
A fee in accordance with the Village of Greenwood Lake Fee Schedule.
B.
The valuation of the proposed work.
C.
All applications shall be accompanied by three copies of the site development plan bearing the signature of the Planning Board Chairman pursuant to § 120-50H, if required.
D.
If such site development plan is not required, three copies of a survey is required, to be prepared by a licensed New York State engineer or land surveyor.
E.
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.
F.
The block and lot numbers as they appear on the official assessment record, if any.
G.
The exact site 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.
H.
The dimensions of all yards in relation to the subject building and the distance between such building and any other existing buildings on the same lot.
I.
The existing and intended use and occupancy of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate.
J.
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.
K.
Details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
L.
The proposed location of all underground facilities, including gas service, electric service, sewer lines, septic systems, 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.
M.
Plans and specifications bearing the signature of the person responsible for the design and drawings, the date and, if required, the architect's or engineer's signature, seal and New York State license number.
N.
Four photographs of the lot and its structures, taken from each of the lot and street lines.
§ 120-79 Issuance of permits; restrictions.
A.
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.
B.
No building permit shall be issued for the construction or alteration of any building in an area of special flood hazard, Zone A on the Flood Insurance Rate Map, unless base flood elevation data shall have been provided on the building permit, said data to be obtained from a federal, state or other source, as required in the Community Assistance Series No. 1(c), National Flood Insurance Program, Department of Housing and Urban Development.
C.
No building permit shall be issued for the construction or alteration of any residential building in an area of special flood hazard, Zone A and Zone A2, unless it has been shown on the application that the lowest habitable floor, including basement, shall be elevated to at least one foot above the base flood level.
D.
No building permit shall be issued for the construction or alteration of any nonresidential building in an area of special flood hazard, Zone A and Zone A2, unless it has been shown on the application that the lowest floor, including basement, shall be elevated to or above the base flood level or that the lowest floor, including basement, together with attendant utility and sanitary facilities, shall be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water, and structural components are capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Floodproofing shall be certified, at the expense of the applicant, by a registered professional engineer or architect that the standards of this subsection are satisfied upon completion of said construction or alteration.
E.
No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board.
F.
No building permit shall be issued for a building to be used for any special use in any district where such use is allowed only by approval of the Planning Board unless and until such approval has been duly granted by the appropriate agency.
§ 120-80 Decision and filing requirements.
A.
The Building Inspector shall examine or cause to be examined all properly prepared and completed applications for permits and the plans, specifications and documents filed therewith for compliance with this chapter and all applicable laws. Within 10 days of receipt of same, the Building Inspector shall issue or deny the building permit.
B.
Upon approval of the applications and upon receipt of the fees therefor, the Building Inspector shall promptly 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 word "approved."
C.
One set of such approved and signed 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 authorized representative at all reasonable times.
D.
If the application, together with plans, specifications and other documents filed therewith, describes 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.
§ 120-81 Appeals.
An appeal from the approval or disapproval of any application by the Building Inspector 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, together with the copies thereof filed in the office of the Building Inspector and mailed to the applicant.
§ 120-82 Expiration; extension of permit duration.
Every building permit shall expire if the work authorized has not been completed within six months after the date of issuance. Building permits may be renewed or extended by the Building Inspector for one additional six-month period, and the fee for each such extension shall be subject to a fee established in the Village of Greenwood Lake Fee Schedule. No extension shall be granted beyond one year from the date of the original issuance of such permit without the approval of the Village Board of Trustees. The Village Board of Trustees may grant additional extensions of six months each, and the fee for such extensions shall be equal to the amount charged for the original building permit or the fee charged for the original extension, whichever is greater.
§ 120-83 Amendments to applications or plans.
Any amendment to the application or to the plans and specifications accompanying same must be filed and approved by the Building Inspector prior to the completion of the 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 60 days after such determination is filed by the Building Inspector.
§ 120-84 Liability insurance.
In the event that 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 issuing such building permit, the applicant shall present evidence of liability insurance, naming the Village as the beneficiary and saving the Village harmless, in an amount to be determined by resolution by the Village Board of Trustees and in a form acceptable to the Village Attorney. The amount shall be determined based upon the recommendation of the Building Inspector and Village Engineer and dependent on the degree to which the proposed activity may create a hazard. 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 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 the 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 may suspend such activity pending receipt of the required liability policy.
§ 120-85 Fees. [1]
§ 120-86 Refund of fees.
A.
In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid.
B.
Upon completion of construction pursuant to a building permit issued hereunder, the applicant shall be required to pay or be entitled to receive a refund based upon the Village of Greenwood Lake Fee Schedule as applied to actual completed construction costs.
§ 120-87 Certificate of occupancy required.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building Inspector:
§ 120-87.1 Certificate of legal use.
[Added 1-8-2001 by L.L. No. 1-2001]
Whereas there exist within the Village of Greenwood Lake, Inc., parcels of property, improved by structures, for which there has been granted a certificate of occupancy, which allows for multiple commercial or residential units, and whereas the occupants of such units may, from time to time, change without there being any change in use of an existing building or unit portion thereof; whereas, in the interest of the safety and welfare of the Village, it is necessary for the Building Inspector to know specific uses being conducted within a portion of a building, or parcel of real property, that contains multiple uses, so that the Building Inspector can determine whether or not such uses comply with the current zoning and planning laws of the Village:
A.
Effective February 1, 2001, it shall be unlawful to occupy or use such unit, or portion, of a building, or parcel of real property, until a Certificate of Legal Use shall have been applied for and issued by the Building Inspector.
B.
An application for a certificate of legal use must contain a sworn affirmation that clearly states the intended occupancy or use and indicates that such intended occupancy or use will not involve any change from the use permitted by the certificate of occupancy for such real property or structure. Such affirmation must describe the number of square feet involved in the space; the number of employees that are being employed there; the hours of operation of the business; and the type of business being conducted.
C.
In the event that a use differs from a use previously conducted at the premises, the Building Inspector should refer the matter to the Planning Board to determine whether site plan approval will be required in accordance with § 120-47A(3) of the Village Code.[1]
D.
A certificate of legal use may not be granted for a commercial or residential unit existing on a parcel of property, or in a structure, for which there is no valid certificate of occupancy.
§ 120-88 Certificate of occupancy for special uses.
No certificate of occupancy shall be issued for any special use of a building or of land requiring approval by the Planning Board unless and until a special use permit has been duly granted by the Planning Board. Every certificate of occupancy for which a special use permit has been granted or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of such special use or variance and of any conditions to which the same is subject.
§ 120-89 Application for and issuance of certificate of occupancy.
A.
Application for a certificate of occupancy, on a form furnished by the Building Inspector, for a new building or for an existing building which has been altered shall be made after the erection of such building or part thereof has been completed.
B.
Every application for a certificate of occupancy shall be accompanied by a fee, as provided for in the Village of Greenwood Lake Fee Schedule.
C.
Before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector, where appropriate:
(1)
A complete set of as-built drawings showing the as-built locations of all the underground facilities, the interior mechanical services, specified in § 120-78 of this chapter. These plans shall be signed and certified by a New York State registered architect or licensed professional engineer; and
(2)
An affidavit of the registered architect or licensed professional engineer who supervised the construction of the work. 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 the approved plans and, as erected, complies with this chapter and the law governing building construction,[1] including all subdivision regulations and the requirements of any approved subdivision plat or site plan,[2] except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
D.
The Building Inspector shall examine or cause to be examined all buildings, structures and lots for which an application has been filed. 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.
E.
The certificate of occupancy shall be issued within 10 days after receipt of the properly completed application, but only provided that the application states that all requirements of all other applicable codes, laws or ordinances in effect are complied with.
F.
If the proposed use is in conformity with the provisions of this chapter and of all other applicable codes and ordinances, 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.
G.
A certificate of occupancy shall be deemed to authorize, and is required for, both initial occupancy and the continuance of occupancy and use of the building or land to which it applies. If the terms of such certificate are violated by the holder thereof, the Building Inspector may, by service of notice of violation, revoke such certificate, 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.
§ 120-90 Temporary certificate of occupancy.
A.
Upon request, the Building Inspector may issue a temporary certificate of occupancy for a period not to exceed 90 days prior to the completion of any required landscaping, concrete work or other improvements which may not be installed due to seasonal constraints, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.
B.
The Building Inspector shall require surety from the owner or holder of the building permit, which surety shall run to the benefit of the Village for a term not exceeding 90 days coterminous with the temporary certificate of occupancy. The amount of said surety shall be sufficient to cover the cost to complete the work and shall be set and held by the Village Board of Trustees, upon the advice of the Building Inspector, Village Engineer, Department of Public Works Director and with the approval of the Planning Board, and in such form acceptable to the Village Attorney. Every application for a temporary certificate of occupancy shall be accompanied by a fee in accordance with the Village of Greenwood Lake Fee Schedule.
§ 120-91 Transfer of title of existing structures.
[Amended 2-24-2003 by L.L. No. 1-2003]
A.
As the right to a recognized legal use for a parcel of real property attaches to the property rather than the owner, there shall be no requirement to reapply for a new certificate of occupancy upon a transfer of ownership absent a change of use.
§ 120-92 Access to records of certificates of occupancy.
A record of all certificates of occupancy shall be kept in the office of the Building Inspector and copies shall be furnished upon request to any agency of the Village or to any persons having a proprietary or tenancy interest in the building or land affected.
§ 120-93 Enforcement.
A.
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in conformance with the approved specifications and in accordance with the applicable building laws, ordinances and regulations.
B.
Revocation of building permit. The Building Inspector may revoke a building permit that has been approved or issued in the following instances:
(1)
Where he finds that there has been any false statements or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based;
(2)
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law;
(3)
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; or
(4)
Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Building Inspector.
C.
Stop-work order. Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with all the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property, the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop-work order has been rescinded.
D.
Such 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 site under construction and sending the person a copy of the same by registered mail.
E.
Cooperation of other departments. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and/or Health Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment thereon.