A.
No person, firm or corporation shall commence the
alteration of any lot or parcel, including the erection, construction,
enlargement, alteration, removal, improvement, demolition or conversion
of any building or structure or tree, or part thereof, or change the
nature of the occupancy of any building or structure or cause the
same to be done or the removal of trees, without first filing with
the Building Inspector an application for such removal, construction,
alteration, moving or demolition, installation, or to make installations
or changes to the plumbing, heating, elevator or electrical equipment,
other than ordinary stoves or ranges, and obtaining a permit; except
that no permit shall be required for the performance of ordinary repairs
which are not structural in nature.
B.
Such application shall be made to the Building Inspector
on forms provided by him and shall contain the following information:
(1)
A description of the land on which the proposed work
is to be done.
(2)
A statement of the use or occupancy of all parts of
the land and the proposed building or structure.
(3)
The valuation of the proposed work subject to Building
Department approval.
(4)
The full name and address of the owner and of the
applicant, and the names and addresses of their officers if any of
them are corporations.
(5)
A brief description of the nature of the proposed
work.
(7)
A short environmental assessment form, as set forth
in Part 617 of Title 6 of the Official Compilation of Codes, Rules
and Regulations of the State of New York.
(8)
A statement from the applicant and owner, disclosing:
(a)
Whether the soils on or the groundwater beneath
the land on which the proposed work is to be done has been contaminated
by hazardous waste; and
(b)
Whether the lot or parcel on which the proposed
work is to be done is subject to a consent order and a plan. If the
lot or parcel is subject to a consent order and a plan, the applicant
and owner shall provide a copy of such consent order and plan, along
with the names, addresses, telephone numbers, and other contact information
of any regulatory agency deemed relevant by the Building Inspector.
No permit will be issued if the Building Inspector determines, based
upon information provided by a regulatory agency, that the owner or
applicant is not in compliance with the consent order or plan.
(c)
CONSENT ORDER
HAZARDOUS WASTE
PLAN
REGULATORY AGENCY
For the purposes of this Subsection B(8), the following terms shall have the meanings indicated:
An order issued by a regulatory agency for the remediation
or monitoring of hazardous waste contaminating either the soils on
or the groundwater beneath the land on which work is proposed hereunder.
The same meaning as set forth for said term in Part 371 of
Title 6 of the Official Compilation of Codes, Rules and Regulations
of the State of New York.
A plan for the remediation or monitoring of hazardous waste
contaminating either the soils on or the groundwater beneath the land
on which work is proposed hereunder which has been approved by a regulatory
agency as part of a consent order.
The United States Environmental Protection Agency, the New
York State Department of Environmental Conservation, the Nassau County
Department of Health, or any other federal, state, or local agency,
board, department, or other entity overseeing compliance with the
consent order and implementation of a plan.
(9)
Such other information as may reasonably be required
by the Building Inspector to establish the compliance of the proposed
work with the requirements of the applicable building law, regulations.
C.
Applications shall be made by the owner, 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 or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application
as if said application is being made by the owner.
D.
If the application contemplates the moving of an existing building or structure from one location to another, it shall be accompanied by a description of the method to be used and a statement of the route to be followed. If the performance of the work requires the removal of a tree or trees, it shall be accompanied by a tree removal permit application as required by Subsection S. Permits from the state, county, town and/or Village authorities shall be submitted at the time of making application for the permit.
E.
The Building Inspector shall require a separate application
to be filed for an elevator installation, but in case such separate
application is filed by the same applicant in connection with and
relating to an application to construct or alter a building or structure,
it shall not be necessary to duplicate the affidavit attached to,
or information contained in, the application to construct or alter.
F.
Nothing in this section shall prevent the Building
Inspector from requiring that the applicant submit, at the applicant's
cost, any additional information as the Building Inspector deems necessary.
Additionally nothing in this section shall prevent the Building Inspector
from retaining such expert or experts at the expense of the applicant
that the Building Inspector deems necessary.
G.
Each application for a building permit shall be accompanied
by duplicate plans and specifications, duplicate property surveys
representing existing conditions completed by a licensed land surveyor
to the street as paved and a recent tax bill for the subject property.
The applicant shall type or print legibly all pertinent information
on the applications. The plot plan shall be drawn to scale and shall
show the location, size, shape and dimensions of the property, the
setbacks from the property lines and the size of all existing and
proposed buildings, additions and/or structures on the property, and
the front yard setbacks of all existing buildings within 200 feet
on each side of the plot. The plot plan shall show the locations,
type and size of all trees, indicating those trees to remain, those
to be removed and those to be planted.
H.
The plans shall be drawn to scale and shall show all
details of all structural, mechanical, electrical, and plumbing work
to be performed.
I.
Plans and specifications shall bear the signature
of the personal responsible for the design and drawings and, where
required by § 7202 of Article 145 and § 7302 of
Article 147, as amended, of the Education Law of the State of New
York, the seal of a licensed architect or a licensed professional
engineer.[1]
J.
The Building Inspector may waive the requirement for
filing plans and specifications for minor alterations.
K.
An application to demolish shall give the full name and address of the owner or owners, the applicant and the person who is to do the work, and the lot number or street number of the premises. If the performance of the work requires the removal of a tree or trees, it shall be accompanied by a tree removal permit application as required by Subsection S.
L.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Building
Inspector and approval received from the Building Inspector prior
to the commencement of such change of work.
M.
For site plan approval. No building permit shall be issued for or in connection with any parcel of realty until a stormwater pollution prevention plan consistent with the requirements of Chapter 104, Articles I and II has been submitted. A stormwater pollution prevention plan shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 104, Article II. The approved final subdivision plat shall be consistent with the provisions of Chapter 104, Articles I and II. All necessary approvals shall have been obtained from the Nassau County Department of Public Works in accordance with the requirements of the General Municipal Law (§ 239-m), if required.
N.
Minor structures; temporary building; tents. Temporary
one-story frame buildings on lots whereon buildings are in the course
of erection or on adjoining vacant lots, or sales or operating offices
in connection with the development of subdivision of property, or
platforms, stands, election booths and circus or exhibition tents,
intended for temporary use only, may be erected upon permit issued
by the Mayor, but not otherwise; but no such permit shall authorize
the maintenance of such temporary building or other structure for
a period exceeding six months from the date of said permit, unless
said permit be renewed by the Mayor from time to time for consecutive
periods not exceeding six months. Tents are permitted on a temporary
basis under the following conditions:
(1)
The purpose for such tent is a permitted use in the
zoning district.
(2)
The permit applicant submits plans describing the
tent, its location on the property and provisions for vehicular parking.
(3)
The tent has such provisions for public health and
safety as may be required by the circumstances.
(4)
The Nassau County Fire Marshal has approved the tent.
(5)
The permit applicant submits an insurance certificate
in the minimum amount of $250,000 for bodily injury, naming the Incorporated
Village of Plandome Manor as an additional insured for the duration
of the tent.
(6)
The permit applicant submits a consent to removal
by the Village and a bond or cash deposit in an amount determined
by the Mayor to cover the cost of removal of the tent, if the applicant
fails to remove it upon expiration of the permit.
(7)
A permit may be approved for a maximum of 15 days
with an extension, subject to approval of the Mayor, for an additional
15 days.
O.
Unlawful use. It shall be unlawful to use any temporary
structure for any purpose other than that designated in the permit.
P.
Removal. Every temporary structure shall be removed
at the expiration of the period for which the permit was issued unless
such permit is renewed.
Q.
Upon application for a permit for a temporary structure,
in addition to the prescribed fee a cash deposit shall be required
in an amount to be determined by the Building Inspector to guarantee
the removal of said structure at the expiration of the period for
which the permit is issued or, in case of default of the provisions
of this section, to be forfeited to the Incorporated Village of Plandome
Manor and used to defray the expense of removal of said structure.
Such deposit shall be returned to the applicant upon his removal of
the structure and compliance with the provisions of this article.
R.
S.
Tree removal permits. No person, firm, corporation, tenant or entity in possession of any property shall remove or cause, order or direct the removal of any tree or trees on private property without first obtaining a tree removal permit, as per Chapter 206.
[Amended 2-27-2007 by L.L. No. 12-2006]
T.
Toilet facilities.
(1)
All construction, alteration or demolition sites shall
have toilet facilities available for all workers and/or occupants
of the work site.
(2)
If a portable toilet facility is required, no work
may begin or occur until such toilet facility has been delivered and
made available for use.
(3)
Portable toilet facility locations shall be approved
by the Building Inspector.
(4)
Portable toilet facilities shall be pumped and cleaned
weekly.
(5)
The number of workers and/or occupants at the work
site may necessitate the Building Inspector to require more than once
a week pumping and cleaning.
(6)
Failure to provide toilet facilities for a work site
is grounds for a stop-work order to be issued by the Building Inspector.
U.
Storage
containers. A permit shall be required for any storage container intended
for the purpose of temporarily storing or keeping household goods
or property outside of the dwelling. The storage container shall not
exceed 120 square feet in size nor be greater than eight feet in height.
The Building Inspector shall determine where the storage container
shall be located on the property. Storage container permits shall
expire after 30 days. The Village Clerk may grant an extension of
not mere than 30 days upon written application made prior to the expiration
of the permit. The Board of Trustees shall establish the permit fee
for storage containers by resolution.
[Added 6-21-2011 by L.L. No. 4-2011]
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application within a reasonable time.
B.
Upon approval of an application for a permit and upon
receipt of the legal fees therefor, the Building Inspector shall issue
a permit to the applicant upon the form prescribed by him and shall
affix his signature or cause his signature to be affixed thereto.
C.
Upon approval of an application for a building permit,
both sets of plans and specifications shall be endorsed with the word
"Approved." One set of such approved 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 open to inspection by the Building
Inspector or his authorized representative at all reasonable times.
D.
If an application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all the requirements of the applicable building
regulations, the Building Inspector shall disapprove the same, and
one set of plans and specifications shall become part of the public
record and one set returned to the applicant, and the Building Inspector
shall cause such refusal, together with the reasons therefor, to be
transmitted to the applicant in writing.
A.
A building permit shall be effective to authorize
the commencing of work in accordance with the application, plans and
specifications on which it is based for a period of three months after
the date of its issuance. If work is not commenced within such period
of three months, the project shall be deemed abandoned. For good cause,
the Building Inspector may allow reasonable extensions at his discretion.
Any project which is not completed within two years from the date
of issuance of a building permit shall be deemed abandoned unless
the Building Inspector determines that good reason for delay is shown.
B.
The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building ordinances or regulations. All work shall
conform to the approved application, plans and specifications and
all applicable laws.
C.
The location of a new building or structure or an
extension of an existing building or structure, shown on an accepted
and approved plot diagram or an approved amendment thereof, shall
be strictly adhered to.
D.
It shall be unlawful to reduce or diminish the area
of any lot or plot of which a plot diagram has been filed and has
been used as the basis for a permit, unless a revised plot diagram
showing the proposed change in condition shall have been filed and
approved; provided, however, that this shall not apply when the lot
area is reduced by reason of a street opening or widening or other
public improvement.
E.
The Building Inspector shall be given at least 24
hours' notice of the starting of work under a permit.
F.
Before any work for which a permit is required is
covered with earth or any other material, including but not limited
to lath, plasterboard, plaster ceiling or other covering, the Building
Inspector shall be notified. Within three days after receipt of such
notice, he shall inspect the same. No such ceilings, walls or partitions
shall be covered until permission to do so has been granted by the
Building Inspector.
G.
Building permits shall be prominently displayed on
the job site at all times during the progress of construction so as
to be readily seen from adjacent thoroughfares.
A.
No building or addition which is to have a total floor
area in excess of 3,500 square feet shall be constructed except under
the supervision of a professional engineer or architect licensed or
registered in the State of New York.
B.
No permit will be issued for the construction of a
building which is to have a total floor area in excess of 3,500 square
feet until an affidavit is filed with the Building Inspector certifying
that the construction of such building will be supervised by a professional
engineer or architect licensed or registered in the State of New York.
The affidavit shall be signed and sworn to by the engineer or architect,
who will supervise the construction of such building and shall have
his professional seal affixed. In the event such engineer or architect
shall, for any reason, discontinue his supervision of the construction
of the building at any time prior to the completion, he shall immediately
notify the Building Inspector of such fact, and thereupon the building
permit issued for such construction shall be suspended and no further
work shall be done thereunder until another such affidavit shall be
filed with the Building Inspector certifying that supervision of the
construction has been resumed by another or the same engineer or architect.
C.
No certificate of occupancy will be issued for a building
having a total floor area in excess of 3,500 square feet until a final
certificate is filed with the Building Inspector by the engineer or
architect who supervised the construction certifying that the building
was in fact erected in conformity with the plans therefor filed with
the Building Inspector.
In the event of the abandonment of any building
project, it shall be the duty of the holder of the permit or the owner
of the premises, his agent or duly authorized representative to backfill
any open excavation up to the street or ground level; in case the
construction of the building or structure has proceeded beyond the
cellar excavation, all incomplete structures or openings shall be
completely boarded up so as to prevent access to the building or structure
in order to limit and prevent danger to persons or property and possible
fire hazards.
The Building Inspector shall have the authority
to revoke any permits theretofore issued or withhold or revoke any
certificate issued pursuant to the completion of the permitted work
in the following instances:
A.
Where he finds that there has been false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
B.
Where he finds that the permit was issued in error
and should not have been issued in accordance with the applicable
law.
C.
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.
D.
Where the person to whom a permit has been issued
fails or refuses to comply with a stop-work order issued by the Building
Inspector.
E.
Where he finds that trees have been removed without a tree removal permit having been obtained pursuant to § 88-5S of this chapter.
F.
Where he finds that trees and/or shrubs have not been replaced or fees have not been paid as required by a tree removal permit having been obtained pursuant to § 88-5S of this chapter.
G.
Where he finds that the applicant or owner is no longer in compliance with a consent order or plan for a lot or parcel on which the permitted work has been completed. For the purpose of this subsection, the terms "consent order" and "plan" shall have the same meanings ascribed to them pursuant to § 88-5B(8)(c) of this chapter.
H.
Where the Village Board has adopted a resolution authorizing
action.
Whenever the Building Inspector has reasonable
grounds to believe that work on or in 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
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 building activities
until the stop-work order has been rescinded. 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 under construction and sending
a copy of same by registered or certified mail.
A.
No building hereafter erected shall be occupied or
used, in whole or in part, until a certificate of occupancy shall
have been issued by the Building Inspector certifying that such building
conforms substantially to the permit and the requirements of law applying
to buildings of its class and kind.
B.
No building hereafter enlarged, extended or so altered,
wholly or in part, as to change its classification as a residential
building, and no building hereafter altered for which a certificate
of occupancy had not been issued heretofore shall be occupied or used,
in whole or in part, until a certificate of occupancy shall have been
issued by the Building Inspector certifying both that the work for
which the permit was issued has been completed substantially in accordance
with the permit and the provisions of law applying to such an alteration
and that the building is safe for occupancy insofar as can be determined
by visual inspection, provided that, if the occupancy or use of such
building was not discontinued during the work of alterations, the
occupancy or use of the building shall not continue for more than
30 days after completion of the alteration unless such certificate
shall have been issued.
C.
Upon the written application and request of any owner of any existing building or structure for which a certificate of occupancy has never been issued or cannot be found to exist of record, the Building Inspector may, in lieu thereof and after a full inspection of such premises and a thorough examination and review of all relevant facts and circumstances, issue a certificate of existing use, certifying that, in its determination, such building or structure and its continued maintenance, use and occupancy are in substantial conformity or are in legal nonconformity with the provisions of this chapter and of Chapter 225 of the Village Code. The conditions applicable to any such request and determination shall be that:
[Added 2-27-2007 by L.L. No. 12-2006]
(1)
The Building Inspector may require the owner or his/her
architect or other competent agent to submit a current and accurate
plot plan, floor plan and final survey, together with such other or
additional information and documentation, with respect to the premises,
as such officer may deem reasonably necessary or desirable to make
an informed determination in each such case as to whether:
(a)
The building or structure was constructed in or altered to its present state and condition prior to 1931 and substantially conforms to all zoning regulations under Chapter 225 of the Village Code, as currently enacted or amended and in force and effect; or
(b)
The building or structure was constructed in
or altered to its current state and condition prior to 1931 and, although
it does not substantially conform to all zoning regulations under
the aforesaid chapter, as currently enacted or amended and in force
and effect, it otherwise appears to have vested, on or before the
aforesaid date, as a legal nonconforming use.
In those instances where work is performed under
a permit but no certificate of occupancy is required, the Building
Inspector shall issue a certificate of completion if it is found that
the proposed work has been completed substantially in accordance with
the permit and the laws applicable thereto. The certificate shall
also indicate the use or uses to which the structure or installation
may thereafter be put and to what extent.
In those instances where plumbing or drainage
work is to be performed under a permit, the Building Inspector shall
issue a certificate of approval of the plumbing or drainage work if
it is found that said work has been completed substantially in accordance
with the permit and the laws applicable thereto.
A.
Before issuing a certificate of occupancy, a certificate
of completion or a certificate of approval of plumbing or drainage
work, the Building Inspector shall examine or cause to be examined
all buildings, structures, sites and work for which such application
has been filed, and he may conduct such inspection as he deems appropriate
from time to time during and upon completion of the work.
B.
There shall be maintained in the Building Department
a record of all such examinations and inspections together with a
record of findings of violations of the law.
[Amended 2-27-2007 by L.L. No. 12-2006]
A.
A certificate of occupancy, a certificate of completion
or a certificate of approval of plumbing and drainage work shall be
issued within a reasonable time after application therefor is made.
A final survey must be submitted before a certificate of occupancy
or a certificate of completion will be issued.
B.
A certificate of occupancy, a certificate of completion
or a certificate of approval issued in error or on the basis of incorrect
information shall be suspended or revoked if the relevant deficiencies
are not corrected within a specified period of time.
Upon request, the Building Inspector may issue
a temporary certificate of occupancy for a building or structure,
or part thereof, before the entire work covered by the building permit
shall have been completed, provided that such portion or portions
as have been completed may be occupied safely without endangering
life, health or the public welfare. A temporary certificate of occupancy
may be issued for a period not exceeding three months from its date
of issuance and shall be void thereafter, except that for good cause
the Building Inspector may allow a maximum of two extensions for periods
not exceeding three months each.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
with the requirements of the applicable building laws or regulations,
the Building Inspector may require the same to be subjected to tests
by a testing agency designated by the Building Inspector, at the applicant's
own cost, in order to furnish proof of such compliance.
In accordance with § 382 of Article
18 of the Executive Law of the State of New York:
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure, or portion thereof in violation
of any provision of the Uniform Fire Prevention and Building Code
or rule promulgated by the Building Department in accordance with
the Uniform Code or to fail in any manner to comply with a notice,
directive or order of the Building Inspector, or to construct, alter,
use or occupy any building or structure, or part thereof, in any manner
not permitted by an approved building or plumbing permit or certificate
of occupancy.
B.
Any person who shall fail to comply with a written
order of the Building Inspector within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or his agent, or any other
person taking part or assisting in the construction or use of any
building, who shall knowingly violate any of the applicable provisions
of the Uniform Fire Prevention and Building Code or any lawful order,
notice, directive, permit or certificate of the Building Inspector
made thereunder regarding standards for construction, maintenance
or fire protection equipment and systems, shall be punishable as provided
in § 382 of the Executive Law. Each day that a violation
continues shall be deemed a separate offense.[1]
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation, or to prevent illegal occupancy of a
building, structure or premises, or to prevent illegal acts, conduct
or business in or about any premises, and these remedies shall be
in addition to penalties otherwise prescribed by law. All costs incurred
by the Village in pursuit of said actions, including reasonable attorney's
fees, shall be paid by the entity against which the Village commenced
said action.
