Plandome City Zoning Code
ARTICLE IX
Building Permits
§ 175-35 Building permit required; activities for which permits are required.
No person, firm or corporation shall commence, or cause or allow to be commenced, an excavation, construction, enlargement, alteration, improvement, demolition or structural repair of any building or structure, including those identified in § 175-23 and irrigation systems or stormwater or sanitary systems, or commence the alteration of a lot or move a building without first obtaining a valid permit as described in this chapter and meeting all requirements of the State Building Code as amended from time to time. Notwithstanding the provisions of § 175-23, no building permit shall be required for signs, flagpoles or light posts.
§ 175-36 Application procedures; requirements.
A.
Before the construction or alteration of any structure or any part of a structure is commenced, the person proposing to make such alteration, or his agent, or the architect or builder employed in connection with the proposed construction or alteration, shall file in the office of the Village Clerk, addressed to the Building Inspector of the Village, an application signed by the property owner for a building permit to construct or alter. Such application shall include the information and attachments as set forth in rules and regulations adopted by the Building Department for the filing of such permits.
B.
Said application shall be in duplicate and shall be sworn to under the penalties of perjury.
C.
Such application shall describe briefly the proposed work and shall give such additional information as may be required by the Building Inspector for the intelligent understanding of the proposed work. It shall contain a certificate that the proposed work complies with all of the provisions of this chapter, the New York State Fire Prevention and Building Code and all other applicable statutes, ordinances, rules and regulations, any exception being specifically noted.
D.
Such application shall comply with all of the requirements of this chapter.
E.
No building permit shall be issued for or in connection with any parcel or project until the applicant for said permit shall have received such approval of the proposed construction or alteration as may be required by other government or municipal agencies.
F.
The filing of an application shall be conclusively deemed consent by the owner to allow the Building Inspector to enter the premises for inspection purposes.
G.
The filing of an application shall be conclusively deemed consent by the owner to allow the Village, for reasons of public health or safety, and after due notice and failure of the owner to correct any identified defect, to enter upon the owner's property and take corrective action as necessary to correct such defect. Owner further agrees to reimburse the Village on a timely basis and upon failure to do so have such costs assessed against his property. The cost of such work shall become a lien against the premises, which sum shall be collectible with the next real property tax due to the Village.
§ 175-37 Drawings and plans.
Applications for building permits shall be accompanied by such drawings of the proposed work, drawn to scale, including floor plans, sections, elevations and structural details, as the Building Inspector may require. There shall also be filed a plot plan or diagram in a form and size suitable for filing permanently with the permit records, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction or, in the case of demolition, of such construction as is to be demolished and of all existing buildings and structures that are to remain.
§ 175-38 Amendments to plans and applications.
A.
Proposed amendments to plans and applications previously filed with and approved by the Building Inspector, and for which a building permit has been issued, shall be submitted in the form of an amended building permit application and be subject to the procedures set forth herein for the approval of original building plans.
B.
Said proposed amendments to plans and applications must be filed and approved prior to proceeding with any deviation from work authorized under the original building permit.
C.
Modification of fees.
(1)
In the instance where an application is revised and said revisions add to the cost of construction, the applicant shall be required to pay an additional fee equal to the additional amount that would have been due had the additional costs been included in the original permit.
(2)
In the instance where an application is revised and said revisions reduce the cost of construction, the applicant may apply for a refund of 75% of the difference between the fee paid and the fee attributable to the lower construction cost.
(3)
The Building Inspector shall have the right to require any information he deems necessary and relevant.
§ 175-39 Building permit and certificate of occupancy fees.
A.
Upon filing an application for a building permit, the applicant shall pay to the Village the fees set forth in Chapter 87, Fees.
B.
No additional fees shall be required for the issuance of a certificate of occupancy, when application therefor is made in a timely fashion, as required under this chapter. In case any permit under this chapter shall include within its terms a permit as required by the Building Code of the Village, the amount of the fee shall be either that provided in this chapter or as provided in such Building Code, whichever is greater, but two fees shall not be required.
§ 175-40 Adjustments to permit fees.
A.
In the event construction is commenced prior to the issuance of a building permit or work proceeds beyond that authorized under an approved permit, the fee for the issuance of any building permit issued or revised thereafter shall be determined as follows:
(1)
For construction completed prior to the 2002 adoption date of the revision of this section: the fee for a building permit shall be equal to two times the current fee.
(2)
For construction commenced after the 2002 adoption date of the revision of this section: the fee for a building permit shall be equal to three times the current fee.
B.
In both instances, said fees shall be calculated at the fee structure in effect at the time the permit is issued based upon the cost of the original construction as determined by the Building Inspector.
§ 175-41 Examination; issuance of permit; denial of permit.
A.
It shall be the duty of the Building Inspector to examine the applications for permits within a reasonable time after filing and payment of the fees herein provided. If, after examination, he finds no objection to the same and it appears that the proposed work will be in compliance with the laws, ordinances and regulations applicable thereto, he shall approve such application and issue a permit for the proposed work as soon as practicable.
B.
If the Building Inspector's examination reveals deficiencies in the application he will reject such application, noting his findings in a report to be attached to the application. The denied application shall be retained in the Village records, and the applicant shall be advised of the Building Inspector's decision.
§ 175-42 Moving of buildings.
A.
No permit to move a building shall be granted until:
(1)
Notice of application therefor has been given to the owners of land adjoining the lot or parcel to which said building is to be removed.
(2)
Notice of application therefor has been given to the owners of poles, wires, trees or other impediments, the temporary removal of some of which may be necessary.
(3)
An opportunity has been given to said owners to be heard upon such application.
(5)
A bond, in a sum fixed by the Village Clerk, has been filed with the Village to cover all possible damage to public property and the cost of restoring the same and to indemnify and hold harmless the Village from damages and claims for damages arising out the work.
B.
The Village Clerk may designate the route to be covered, the hours of moving and the portions of the street to remain unobstructed and may impose such other conditions as he may deem advisable. He is hereby authorized to deny the permit if he determines that the moving of the building would cause excessive injury or inconvenience to the public or to the Village.
§ 175-43 Work to conform to permit and approved plans; foundation survey.
A.
After a building permit has been issued, the work must comply with all of the provisions of the application in respect to which such permit was issued, and no change therein or departure from the specifications shall be made unless the applicant shall submit an amendment to his application, as hereinbefore provided, and a further building permit or supplemental building permit is issued.
B.
For any project involving the construction of a foundation, the permittee shall demonstrate to the satisfaction of the Building Inspector that the foundation is properly placed on the lot in conformity with all of the dimensional requirements of this chapter. The Building Inspector may, at his discretion, require a foundation survey when necessary to ensure conformity with this chapter. In this instance, no further construction may be undertaken until such time as the applicant submits to the Building Inspector a survey prepared by a licensed surveyor showing the exact location of the foundation and its distance from all lot lines and said survey has been inspected and approved for compliance by the Building Inspector.
§ 175-44 Permits to be signed.
Every permit issued under the provisions of this chapter shall be signed by the Building Inspector before it becomes effective.
§ 175-45 Building permit term.
A duly approved building permit shall be effective and valid for a period of nine months from the date of issuance.
§ 175-46 Building permit extensions.
A.
The Building Inspector shall allow three extensions of a building permit, for a period of three months each measured from the expiration date of the permit or extension immediately prior, provided that the application for the first extension shall have been made prior to the expiration date of the original permit and subsequent extensions prior to the expiration of a prior extension; and further provided the fee as described in Chapter 87 is paid. Any request for an extension beyond the third extension shall be by application to the Board of Trustees, which Board shall grant a further six-month extension upon the filing of a bond by the applicant to insure completion of the work in an amount equal to $25,000 or two times the cost of the remaining work, whichever is greater.
B.
In the event the application for the first extension is not made prior to the expiration date of the original permit and/or subsequent extensions are not made prior to the expiration of a prior extension, said permit shall expire without notice. If the applicant wishes to continue with the project, the applicant must apply for a building permit renewal.
[Amended 12-13-2005 by L.L. No. 1-2005]
§ 175-46.1 Building permit renewal.
[Added 12-13-2005 by L.L. No. 1-2005]
A.
A building permit renewal is required to resume work after an initial permit has expired at the end of its nine-month term or after either of the first two extensions. The renewal shall be considered an extension to the original permit and valid for a period of three months from the date of issuance. If no extension had been issued to the original nine-month permit, then two more extensions as described in this article shall be allowed in addition to the three-month renewal; if one extension has expired, then only one more extension will remain available; if two extensions have expired, then the renewal shall constitute the third and final extension.
§ 175-47 Notification of commencement of work.
The permit holder or property owner shall notify the Building Inspector, in writing, at least one week prior to the commencement of the authorized work.
§ 175-48 Posting of permit.
A copy of the permit shall be kept on the premises open to public inspection during the prosecution of the work and until the completion of the same. The Building Inspector may also require a copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.
§ 175-48.1 Permits not transferable.
No permit shall be assigned or transferred without approval of the Village and payment of the fees set forth in Chapter 87, Fees.
§ 175-49 Remedial directives; stop-work orders.
A.
Remedial directives.
(1)
The Building Inspector shall have the authority to order the remedying of any conditions found to exist in, on or about any building or structure in violation of the Building Code or any other laws, codes, ordinances or regulations applicable to the construction, alteration, repair, removal or demolition of buildings or structures or where a construction site is in an unsafe, unclean, untidy or unsightly condition.
(2)
The Code Enforcement Officer shall have the authority to order, in writing, the remedying of any conditions found to exist in, on or about any building or structure in violation of the Code of the Village, including those relating to the construction, alteration, repair, removal or demolition of buildings or structures or where a construction site is in an unsafe, unclean, untidy or unsightly condition.
(3)
The Building Inspector or Code Enforcement Officer may each grant, at his/her discretion, in writing, such time as may be reasonably necessary for achieving compliance with such directive.
(4)
Failure to comply with any remedial directive shall result in the Village taking all necessary steps to bring the property into compliance with such directive, at the owner's expense. The Village will notify the owner by certified mail that it intends to take such steps. If the owner fails to promptly reimburse the Village for all costs incurred, the costs shall be added to the owner's tax levy as a lien as permitted under New York State law.
B.
Stop-work orders.
(1)
The Building Inspector or Code Enforcement Officer shall each have the authority to cause a stop-work order to be issued at any time:
(a)
Work on any building or structure is proceeding beyond the scope of a permit or is otherwise in violation of the provisions of any applicable law, code, ordinance or regulation.
(b)
Work is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued.
(c)
Work is being conducted in an unsafe and dangerous manner.
(d)
A remedial directive issued has not been complied with within the prescribed time.
(2)
The Building Inspector, Code Enforcement Officer or the Village Clerk shall each have the authority to issue a stop-work order in the case of work being performed without a valid building permit.
[Amended 12-13-2005 by L.L. No. 1-2005]
(3)
Upon the issuance of a stop-work order, any and all persons shall immediately cease all work and related activities at the subject premises until the order has been duly rescinded.
[Added 12-13-2005 by L.L. No. 1-2005]
C.
Any remedial directive or stop-work order issued pursuant to this chapter shall be in a form prescribed by the Village Clerk and shall state the reasons for issuance of the remedial directive or stop-work order, together with the date of issuance. The remedial directive or stop-work order shall bear the signature of the issuing Building Inspector or Code Enforcement Officer and shall be prominently posted at the work site. Such order shall be served upon the owner of the premises or his authorized agent personally or by certified mail, addressed to the owner or his authorized agent at the address set forth in the application for an existing permit for the premises, or if no effective application or permit has been filed, by certified mail to the owner of the premises at his last known address.
§ 175-50 Suspension or revocation of permit.
A.
The Building Inspector shall have the authority to suspend permits in instances:
(1)
Where the Building Inspector finds that the permit was issued in error or was not issued in accordance with applicable laws, codes, ordinances and/or regulations.
(2)
Where the Building Inspector finds that the work performed under the permit is not within the scope of the filed and approved application, plans and/or specifications.
B.
The Building Inspector shall have the authority to revoke permits in instances:
(1)
Where the Building Inspector finds that an application (including any plans or specifications) contains any false statements or misrepresentations as to any material fact upon which the permit was based.
(2)
Where the person to whom a permit has been issued fails or refuses to comply with a stop-work order, remedial directive or any other duly authorized directive of the Building Inspector.
C.
The Building Inspector shall report all suspended or revoked permits to the Board of Trustees at its next regular meeting.
D.
The holder of the permit which has been suspended shall have an opportunity to appear before the Board of Trustees. The Board of Trustees at its discretion may thereupon:
E.
Any permit which is suspended for more than six months shall be automatically revoked and deemed null and void.
§ 175-51 Completion of work; expiration of permit.
The property owner and the contractor working under a valid building permit shall immediately, upon completion of work undertaken in accordance with such permit, make a request for a final inspection of the work by the Building Inspector and make application to the Village for a certificate of occupancy or certificate of completion as required under Article X of this chapter. Failure to obtain said certificate prior to the expiration of the building permit or extension thereto shall result in the automatic extension of the building permit with the imposition of the associated fees until such time as said certificate is issued.
§ 175-52 Cancellation or abandonment of project.
A.
Prior to the actual start of construction, the applicant for a building permit may apply to the Village Clerk for a withdrawal of the application for, or cancellation of, a building permit, as the case may be, and a refund of the building permit fee and certificate of occupancy or certificate of completion fee. The Village Clerk shall grant said application for withdrawal of the application for, or cancellation of, the building permit, provided that said application is made within nine months of the date of the issuance of the permit or within nine months of the date of the application for said permit, as the case may be, and:
(1)
Shall refund not more than 1/2 of the building permit fee paid, provided that the actual cost to the Village shall not exceed 1/2 of the fee paid, whereupon a refund may only be granted for the difference between the amount of the fee paid and the actual cost to the Village.
(2)
Shall refund any fee paid in connection with a certificate of occupancy or certificate of completion fee.
(3)
After the commencement of work, no refund is permitted.
B.
In the event of the abandonment of any building project, it shall be the duty of the permit holder or the property owner, his agent or duly authorized representative to backfill any open excavation up to the surrounding grade and to maintain the structure and property in a manner which limits and prevents danger to persons or property and eliminates any potential fire hazards or hazards of any nature. All such work shall be as directed by the Building Inspector and shall be completed within the time frames specified by the Inspector. In the event permittee does not complete such work as directed, the Village may enter upon the property, perform the necessary work, and assess the cost of such work as a lien against the premises, collectible with the next real property tax due to the Village.
C.
A permittee is presumed to have abandoned a building project if no substantial work is performed within a ninety-day period.