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How do I Obtain a Permit
For Residential-One or Two Family Dwelling or an Addition to a Dwelling ?

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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General Requirements set forth in Town of Eden Code Chapter 110

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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    Link to -->>Standard Schedule of Fees
    in the Town of Eden

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    Other Agencies

  • Erie County Health Department, Southtowns: 649-4225
  • Erie County Sewer District 2: 549-3161
  • Erie County Sewer District 3: 823-8188
  • Erie County Water Authority: 684-1510
  • NYS Department of Environmental Conservation: 851-7070
  • US Army Corp of Engineers: 879-4104
  • Niagara Mohawk: 857-4031
  • National Fuel Gas: 857-7363
  • Call Before You Dig- UFPO: 1-800-962-7962

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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

    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.

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    ALL CONSTRUCTION SHALL COMPLY WITH THE ABOVE

    CURRENT CODES AND ORDINANCES

    Link to: -->>Building Permit Application (Town of Eden)

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

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