Permitted use. A building permit for a permitted use may be issued by the Code Enforcement Officer on his or her own authority.

Special uses. A building permit for a special use may be issued by the Code Enforcement Officer after Planning Board review and approval by the Village Board of Trustees.

Building permit after an appeal or a request for a variance. A building permit may be issued by the Code Enforcement Officer upon the order of the Zoning Board of Appeals and after a public hearing held by the Zoning Board of Appeals for the purpose of deciding upon the appeal or a request for variance.

General. No building or structure shall be erected, added to, structurally altered, nor site preparation for such building, structure, addition, or alteration (including substantial excavation) be commenced, until a permit therefor has been issued by the Code Enforcement Officer. Except upon a written order of the Zoning Board of Appeals, no such building permit or certificate of occupancy shall be issued for any building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter.

Information necessary for application. There shall be submitted with all applications for building permits two copies of a layout or plot plan, drawn to scale, showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this chapter.

Public record. One copy of such layout or plot plan shall be returned, when approved by the Code Enforcement Officer, together with such permit, to the applicant upon the payment of a fee as indicated in this article. The second copy, with a copy of each application with the accompanying plan, shall become a public record after a permit is issued or denied.

Water supply and sewage disposal. All water supply and sewage disposal installation shall conform to the New York State Department of Health regulations. No plot plan shall be approved by the Code Enforcement Officer in any zone unless such conformity is certified on the plan. Drainage affecting adjacent properties shall be considered by the Code Enforcement Officer before issuing a building permit, including possible runoffs to said properties. A drainage design to contain and control storm water drainage and runoff based upon a fifty-year rainfall frequency shall be deemed adequate.

Issuance of permits. It shall be the duty of the Code Enforcement Officer to issue a building permit, provided that he or she is satisfied that the structure, building, sign, parking area of the premises and the proposed use thereof conform to all requirements of this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals have been secured therefor. All building permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, worker or other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by this chapter, nor shall they perform building operations of any kind after notification of the revocation of said building permit.

Permit fees. Fees for the following, as set by resolution of the Board of Trustees from time to time, shall be paid at the office of the Code Enforcement Officer, upon the filing of an application, unless said action is initiated by the Village Board of Trustees. The Code Enforcement Officer shall promptly remit said fees to the Village Clerk-Treasurer.

Denial of permits. When the Code Enforcement Officer is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a building permit, and the applicant may appeal to the Zoning Board of Appeals for a reversal of the Code Enforcement Officer's decision.

Expiration of building permit. A building permit shall expire after one year from the date of its issuance if the applicant fails to initiate construction of the permitted improvement within that period. Further, the permit shall expire two years from the date of its issuance if the applicant fails to complete the construction of the permitted improvement. The Code Enforcement Officer may, upon written request, extend the building permit up to an additional six months and may require the applicant to provide the Village Manager with an acceptable written corrective-action plan prior to approving said request.

Revocation of permits. If it shall appear, at any time, to the Code Enforcement Officer that the application or accompanying plan is in any material respect false or misleading or that work is being done upon the premises differing materially from that called for in the application filed with him or her under existing laws or ordinances, he or she may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Code Enforcement Officer. After the building permit has been revoked, the Code Enforcement Officer, in his or her discretion, before issuing the new building permit, shall require the applicant to file an indemnity bond in the favor of the Village of Horseheads, with sufficient surety conditioned for compliance with this chapter and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.

Special uses. All such applications shall be accompanied by plans and such other information as may be required in this chapter.

General. No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Code Enforcement Officer, stating that the occupancy, building, or proposed use thereof complies with the provisions of this chapter.

Maintenance, renewal, change or extension of a nonconforming use. No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy (certificate of existing use therefor) having first been issued by the Code Enforcement Officer. No existing building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed or structurally altered except as follows:

Application for a certificate of occupancy. All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter.

Record. The Code Enforcement Officer shall maintain a record of all certificates, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.

Application mandatory. No permit for excavation for or the erection or alteration of or repairs to any building shall be issued until an application has been made for a certificate of occupancy.

Referral from Boards. The Board of Trustees shall refer to the Planning Board all applications for special uses, and the Zoning Board of Appeals shall so refer to the Planning Board any other applications or appeals which, in its opinion, require review by the Planning Board.

Criteria for review. The Planning Board shall review such applications in accordance with applicable criteria set forth in this chapter.

Report to referring Board. The Planning Board may recommend approval, disapproval or approval subject to conditions or modifications and shall report its findings to the referring Board within 30 days of receipt thereof. Such report shall state all recommended conditions and modifications and the reasons for such recommendation regarding approval or disapproval.

Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall properly record such complaint and immediately investigate and report thereon to the governing body.

Penalties for offenses. Any violation of or refusal to comply with any of the provisions of this chapter shall constitute a violation of the Village Code, punishable upon conviction by the penalty set forth in Chapter 1, General Provisions, Article II, General Penalty.

Procedure for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, or of any ordinance or regulation made under authority conferred hereby, the governing body or, with its approval, the Code Enforcement Officer or other proper official, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.