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	How do I Obtain a Permit? for Residential - One or Two Family Dwelling or an Addition to a Dwelling Index Index |    The Permit Process |     |    General Requirements |    Fee Schedules |     Other Agencies |     How Long do I have? |     Submittal Requirement/Checklist |    Building Permit Application |

The Permit Process

• Potential applicant inquires of Code Enforcement Officer (CEO) if proposed action is subject to requirement for building permit as identified by state and local regulations;

• If CEO determines proposed action is exempt, or is work not regulated by code, no further action is required by potential applicant;

• If CEO determines proposed action is subject to permitting requirements, a further investigation is made as to whether proposed action is subject to other approvals such as Special Permit requirements and / or Site Plan approval;

• If proposed action requires other approvals, applicant is referred to appropriate Board to initiate process for securing permit and / or approval. Note: Building Permits cannot be issued prior to the issuance of a Special Permit and/ or Site Plan approval;

• If proposed action does not require a Special Permit and/ or Site Plan approval, applicant is provided appropriate Building Permit Application and information packet;

• Upon receipt of Building Permit application, CEO determines completeness of submittal;

• If CEO determines application is substantially incomplete, applicant is advised (orally or in writing depending on completeness) of what is missing or incomplete and to directed to resubmit;

• If CEO determines application is substantially complete, a review of the proposed action for compliance with applicable codes, including local zoning and the Building Codes of NYS is initiated;

• If CEO determines that the proposed action substantially complies, a building permit is issued, with or without conditions;

• If CEO determines that the proposed action would violate the zoning code, applicant is advised to amend application for compliance or, upon appeal, seek a variance from the Zoning Board of Appeals;

• If CEO determines that the proposed action would violate the Building Codes of NYS, applicant is advised to amend application for compliance or, upon appeal, seek a variance from the NYS Department of State.

APPOINTMENTS ARE AVAILABLE to submit an application, issue a permit, and Building Department related activities. Contact Us for an appointment.

All Construction shall comply with Current Codes and Ordinances

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§ 110-4. Building permit.

A. Permits required. Except as hereinafter provided, no person, firm, corporation, association or partnership shall commence the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, or install a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit without first having obtained a permit from the Building and Zoning Inspector. No such building permit shall be required for small non-commercial structures not exceeding 150 square feet and not intended as quarters for living, sleeping, eating or cooking.

B. Application for permit.

(1) The application for a building permit, and its accompanying documents, shall contain sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code.

(2) The form of the permit and application therefor shall be prescribed by the Building and Zoning Inspector. The application shall be signed by the owner (or his or her authorized agent) of the building and shall contain at least the following:

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

(b) Identification and/or description of the land on which the work is to be done.

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

(d) Description of the proposed work.

(e) One set of plans and specifications for the proposed work.

(f) The required fee.

(3) The Building and Zoning Inspector may waive requirement of plans and specifications when the work to be done involves minor alterations or is otherwise unnecessary.

(4) Applicant shall notify the Building and Zoning Inspector of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work has been determined to be in conformity with the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building and Zoning Inspector, and approval shall be received from the Building and Zoning Inspector prior to the commencement of such change of work.

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General Requirements set forth in Town of Eden Code Chapter 225

§ 225-39. Building permits.

No building in any district shall be erected, reconstructed or restored or structurally altered without a building permit duly issued upon application to the Building and Zoning Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter. 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 or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful. No such building permit shall be required for small non-commercial structures not exceeding 150 square feet and not intended as quarters for living, sleeping, eating or cooking.

A. Every application for a building permit shall contain the following information and be accompanied by the required fee and by a plot plan drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a survey prepared by a licensed engineer or land surveyor is required. No such survey or plot plan is required where there is no proposed extension or increase in either the height or footprint of the existing structure. Fees shall be in accordance with the Standard Schedule of Fees of the Town of Eden as may be adopted from time to time by resolution of the Town Board.

(1) 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.

(2) The section, plate, block and lot numbers as they appear on the latest tax records. Existing easements should also be shown.

(3) The exact size and location on the lot of the proposed building or buildings or alteration of an existing building and of other existing buildings on the same lot.

(4) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot.

(5) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and existing and proposed underground utilities and easements therefore.

(6) 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.

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Fee Requirements- Standard Schedule of Fees
Local Law No. 1993-2 SECTION 1. SHORT TITLE
This law shall be known as the "Standard Schedule of Fees Law" of the Town of Eden, New York.

SECTION 2. PURPOSE
This law is to establish reasonable standards of procedure to protect the health, safety and welfare of the Town of Eden.

SECTION 3. STANDARD SCHEDULE OF FEES
Any work started for which a permit is required but has not been issued } $150.00

A. RESIDENTIAL
Single Family Dwelling\Double Family Dwelling} $5.00 per 100 sq. ft. of habitable space
Multiple Dwellings\Dwelling Additions} $10.00 + $5.00 per 100 sq. ft. of habitable space.
Accessory Buildings } First 100 ft. $10.00 + $5.00 per 100 additional square feet.
Accessory Structures } $35.00 (decks, attached garages, TV dishes, etc.)
Alterations and Repairs } $35.00
Demolition } Over 100 sq. ft., $5.00 per 100 sq. ft. (minimum $10.00)
Fence Permit } $35.00 flat fee.
Fire Place/Stove Permit } $15.00 (included with new dwelling building permit) Certificate of Occupancy
required. Swimming Pool Permit } $10.00 above ground $15.00 in ground (includes fence permit)
Pond Permit } $150.00 (includes site plan review)
Yard/Garage Sale-3 days } No Charge
Certificate of Occupancy } No charge with unexpired building permit $50.00 for expired permit or moving in without Certificate of Occupancy.
$50.00 for Temporary Certificate of Occupancy.
Certificate of Compliance } No charge with unexpired permit (for demolition, fences, swimming pools, etc. and accessory buildings)
Mobile Home Parks } $10.00 per mobile home lot for initial license and annual renewal thereafter. $45.00 per mobile home up to 900 square feet for each new home or replacement plus $5.00 per 100 additional square feet.
Recreation Fees
Major Subdivisions} $700 per new dwelling unit payable upon Final Subdivision Approval per the Sub- division Law.
Minor Subdivisions } $700 per new dwelling unit payable upon Building Permit Approval
Duplexes } $700 per new dwelling unit payable upon Approval of Application.
Multiple Dwelling } $350 per new dwelling unit payable upon (Conventional & Townhouse) Approval of Application.
Cluster Development } $525 per new dwelling unit, payable upon Project Approval.
Mobile Home Park} $525 per new Mobile Home Dwelling Unit, payable upon Project Approval.

B. BUSINESS/COMMERCIAL PERMITS
Business/Commercial } $100.00 up to 5,000 square feet each building, each additional 100 square feet, $2.00.
Additions } $20.00 + $2.00 per 100 square feet.
Alterations } $20.00 + $2.00 per $1,000 est. cost.
Accessory Structures } $20.00 + $2.00 per $1,000 est. cost.
Demolition } $20.00 + $2.00 per 100 square feet.
Agriculture } $50.00 up to 2,500 sq. ft. + $2.00 per 100 sq. ft. additional
Certificate of Occupancy } No charge with unexpired permit. $50.00 for expired permit, site plan review or special permit approval.
Sign Permits } $10.00
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Special Use Permit or Zoning Amendment Hearing } $100.00 - Includes Advertisement of by Town Board
Legal Notice $25.00 - Temporary Trailer Permit
Town Board Special Use Permit Renewal $30.00 Annually
Tower Special Permit $5,000.00 - plus reasonable costs of engineering and/or other consultant services required by the Town to assist it in reviewing and analyzing material and information submitted relative to the application.
Zoning Board of Appeals } $100.00 - Includes advertising and Certificate of Occupancy for variances, home occupancy and residential- professional uses.
Non-conforming use in non-residential permit (§225-36B3) same as business/commercial.
Planning Board } $100.00 - Includes advertising legal notice. .
Posters for Notice $5.00 each
Assessors } Search Fee for Special Use Permit Hearings or Zoning Board Hearings:
$25.00 for General Business, Office Business, General Industrial, Local Business, Hamlet Residential and Suburban Residential Districts. $10.00 for all other zoned areas.
Copies of Maps } $ .50 Small Maps - $1.00 Large Maps
Police Department Fees:
Accident Reports } $5.00 per report.
Police Reports } $5.00 per report.
Photograph Copies } $1.00 per photo.
Transcripts } $20.00 plus $1.00 per page.
Highway Department Fees:
Highway Right-of-Way Permit } $25.00 + costs for labor/inspections
Highway Drainage Enclosure Permit } $10.00

C. SUBDIVISION FEES
(1) Application and Review Fees
Property Splits Application $150
Minor Subdivision
Sketch plat $150
Resubmission fee $ 75
Final plat $100
Resubmission fee $ 50

Major Subdivision without Public Improvements:
Sketch plat $100 plus $5/lot
Resubmissions ½ of total initial fee
Preliminary plat $150 plus $10/lot
Resubmission ½ of total initial fee
Final plat $150
Resubmission ½ of total initial fee

Major Subdivision with Public Improvements:
Sketch plat $200 plus $10/lot
Resubmission ½ of total initial fee
Preliminary plat $200 plus $50/lot
Resubmission ½ of total initial fee
Final plat $250
Resubmission $125

(2) Inspection Fee For Public Improvements
The subdivider (developer) shall pay to the town, at the time of application for a public improvement permit, a deposit for the inspection of all required public improvements, in accordance with the following schedule:

Construction Cost
of Public Improvements Inspection Fee
$0 to $ 10,000 8% of total construction cost
Over 10,000 to 100,000 $800 plus 6.0% over $10,000
Over $100,000 6.0% of total construction cost

A. An additional $50 fee shall be paid to the Town for Administrative Services.

B. The inspection deposit shall be used to pay the Town's inspector or agent. Funds not used for this purpose shall be returned to the developer upon acceptance of the improvements.

C. If the deposited amount is exceeded due to the project not proceeding expeditiously, being understaffed, utilization of inexperienced contractors, conditions beyond the control of the Town or their agent, then the developer must pay the outstanding inspection fee before the improvements may be accepted.

D. The developer should note that additional inspection deposits may be required by outside agencies such as the Erie County Sewer District. The affected agency should be consulted to determine their costs.

D. SITE PLAN REVIEW FEES
Number of Improved Acres Review Fee
0 - 5 acres $400.00
Over 5 acres $400.00 + $30.00 per acre over 5 acres

(1) Site plan review fees apply to all uses requiring Site Plan Review.

(2) This review fee includes two submittals and shall be paid at the time of initial submittal. If the plans cannot be approved in the second submittal because they are incomplete or Town specifications are not being followed, one-half the review fee will be charged for each subsequent submittal.

(3) Any fraction of an acre will be rounded to the next highest acre. For example, 3.2 acres would be considered 4 acres when determining review fees.

E. SEQR Fees
SEQR Reviews Reimbursement to the Town for any SEQR costs incurred. Estimates will be provided at the time of application.

SECTION 4 SEPARABILITY

If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgement shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgement shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Eden hereby declares that it would have passed this Local Law or the remainder thereof has such invalid application or invalid provision been apparent.

Section 5. EFFECTIVE DATE

This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with section twenty-seven of the Municipal Home Rule Law.

July 14, 1993 - Public Hearing held
July 14, 1993 - Adopted by the Eden Town Board

June 22, 1994 - Public Hearing held for amendments
July 13, 1994 - Amendments adopted by the Town Board

May 24, 1995 - Public Hearing held for amendments
June 14, 1995 - Amendments adopted by the Town Board

February 12, 1997 - Public Hearing held for amendment
February 12, 1997 - Amendment adopted by the Town Board

May 14, 1997 - Public Hearing held for amendments
May 14, 1997 - Amendments adopted by the Town Board

July 8, 1998 - Public Hearing held for amendments
July 8, 1998 - Amendments adopted by the Town Board

July 11, 2001 - Public Hearing held for amendments
July 25, 2001 - Amendments adopted by the Town Board

Oct. 10, 2001 - Public Hearing held for amendments
Nov. 14, 2001 - Amendments adopted by the Town Board

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Other Agencies

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How Long do I have?

As per Section 225-39 G

The Building and Zoning Inspector shall, within 10 days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building and Zoning Inspector shall state, in writing, to the applicant the reasons for such denial within five days of such motion.


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Submittal Requirements/Checklist

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The following items must be submitted in order to obtain a Building Permit for a new one or two family dwelling, or an addition to a dwelling: (Occasionally if there are unusual circumstances additional information may be required.)

• Completed "BUILDING PERMIT APPLICATION" form.
  
• A copy of an accurate existing survey or site plan:
  Drawn, to scale and with dimensions, the proposed dwelling or addition on the survey or site plan and show property lines, parking and driveway areas, setbacks, accessory buildings, utilities, easements, curb and gutter, walkways, and a north arrow.
  
• Drainage plan
  
• 1 complete set of working plans, drawn to scale (1/4" to 1' preferred), containing at minimum:
  
• Foundation plan -showing footing and foundation wall details
  
• Floor plan - indicate use of all rooms; show attic access, room sizes, and all pertinent dimensions
  
• Building elevations - show exterior materials, roof pitches, building height, grading, chimney termination and attic ventilation.
  
• Wall sections - show structural components including beams, headers & blocking; indicate ceiling heights and insulation.
  
• Floor/roof framing - show size and type of material, spans, spacing, layout,
  and truss specifications, where applicable (structural calculations may be required).
  
• Electrical show location of electrical panel, smoke detectors
• Mechanical & plumbing furnace and water heater location, combustion air, washer and dryer, dryer vent, floor drains, shower pans etc.
  
• Window schedule - show sizes, location and type of glazing (how window opens, i.e. slider, single hung, casement of fixed) including basement windows and window well sizes.
  
• Stair cross sections - show rise and run, headroom, width, handrails, guardrails and landings.
  
• Indicate Structural Design Criteria and provide calculations where applicable.
  
• A copy of specifications. (May be included on plans)
  
• A copy of energy code calculations.
  
• A copy of sewer tap, or permit for septic system
  
• A copy of deed to property
  
• All plans and specifications must be shown to comply with applicable codes; plans may be required to be imprinted with the seal and signature of an Architect or Professional Engineer, registered and licensed in the State of New York, in accordance with NYS Education Law. Submit one set with original seal; others may be copies.
  
• To comply with General Municipal Law, the general contractor must provide proof of compliance with Worker's Compensation and NYS Disability Laws.
  
• Filing Fee of $10.00 (Building Permit Fee assessed upon issuance). Note: Code review checklist available on request to assist design professional in preparation of plans.
  

APPLICABLE CODES
Prior to 7/3/2002	Between 7/3/2002 & 12/30/2002	After 12/30/2002
New York State Uniform Fire Prevention & Building Code	Energy Conservation Code of New York State Except for the Energy Code Your choice of either the "old" code prior to 7/3/2002 or The New Codes	Building Code of New York State Residential Code of New York State Fire Code of New York State Plumbing Code of New York State Mechanical Code of New York StateFuel Gas Code of New York State Property Maintenance Code of New York State Energy Conservation Code of New York State

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ALL CONSTRUCTION SHALL COMPLY WITH THE ABOVE

CURRENT CODES AND ORDINANCES

Town of Eden Building Permit Application

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Return to "How to obtain a Permit" for other structures/dwellings


Town of Eden, Town Hall, 2795 East Church Street, Eden, New York 14057 Phone: 716 992-3408       Fax: 716 992-4131       Contact Us

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