14.1.1
General. No board, agency, officer or employee of the town shall
issue, grant or approve any permit, license, certificate or other
authorization for any construction or alteration of any building or structure, or for any use of land, building or structure that would not be in full compliance
with the provisions of this chapter, except as permitted under § 246-12.
14.1.2
Enforcing authority. The provisions of this chapter or any rules
or regulations authorized hereunder shall be enforced by the Department
of Planning and Development, or a designated member of said Department.
The Department of Planning and Development and any duly authorized
assistants shall have the right to enter any building or enter upon any land at any reasonable hour in the course of their
duties. They shall maintain files of all applications for building permits and site plans submitted therewith and
for certificates of occupancy, and records of all building permits and certificates of occupancy issued by them, which files
and records shall be open to public inspection.
Except upon written authorization of the Zoning Board of Appeals
as provided in § 246-12, no building permit
shall be issued for any land, building or structure where said action would not be in conformance
with any provision of this chapter. Every application for a building permit shall be prepared as required in chapter 93 (Building Construction) of the Code of the Town of Oyster Bay.
The Department of Planning and Development and any duly authorized
assistants shall have the right to inspect any site undergoing construction
activity to ensure compliance with the issued building permit and/or site plan or other zoning approval.
No site clearing, excavation or other similar activity in preparation
for construction shall be permitted until and unless a permit or approval
for such activity has been duly issued by the appropriate town agency
or official and any required bond has been posted therefor. Once construction
has been started, it shall be diligently prosecuted to completion.
In the event that construction is halted or unreasonably delayed and,
in the opinion of the Department of Planning and Development, such
halt or delay may create a safety or health hazard or an adverse impact
on the environment or the neighborhood in which it is located, the
Department may order a termination of construction activities on the
site and the immediate restoration of the site to a safe, healthful
and attractive condition.
Certification of full completion of site improvements by the
Department of Planning and Development shall not be made until an
as-built plan, prepared and certified by a licensed
architect, engineer or surveyor, is submitted. Said plan shall be
based on a field survey and shall show the actual location of all
site improvements as constructed. The Department of Planning and Development
may also require the submission of an as-built plan in digital format
for the purpose of integrating such plan information into the Town's
Geographic Information System (GIS). The preferred digital file format
and other technical specifications shall be specified by the town.
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The as-built plan shall be reviewed by the Department of Planning
and Development. If an as-built plan indicates that actual site development
is not in compliance with any approvals, permits or other authorizations
issued by the Town of Oyster Bay, its agencies and departments or
other duly authorized governmental agencies, the property owner shall
be required to correct such site improvements as necessary to bring
them into conformity with all such approvals. As an alternative, the applicant may seek revised or modified approvals in accordance
with the same procedures required for the initial application. The
requirement for an as-built plan may be waived by the Department of
Planning and Development.
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Except upon written authorization of the Zoning Board of Appeals as provided in § 246-12, or other specified authorization, no certificate of occupancy may be issued, pursuant to the provisions of Chapter 93 (Building Construction) of the Code of Town of Oyster Bay, unless such occupancy is in complete conformity with the provisions of this chapter. A certificate of occupancy may continue in effect as long as such occupancy is in full conformance with the provisions of this chapter and any requirements made in connection therewith at the time of issuance thereof and in full conformance with the provisions of Chapter 93. The details of any plan approved by the Town Board and/or the Department of Planning and Development, acting under the terms of this chapter, and any conditions attached to such approval, shall be deemed to be such requirements.
14.7.1
Penalties for offenses. Pursuant to § 268 of the New York
State Town Law, as amended, a violation of this chapter or failure
to comply with any requirement instituted pursuant thereto, or the
use or alteration of any building, structure or land in violation of any statement or plan submitted and approved
thereunder, is hereby declared to be an offense, punishable by a fine
not to exceed $350 or imprisonment for a period not to exceed six
months, or both, for conviction of a first offense; for conviction
of a second offense committed within a period of five years, the punishment
shall be a fine of not less than $350 nor more than $700 or imprisonment
for a period not to exceed six months, or both; and, upon conviction
for a third or subsequent offense committed within a period of five
years, the punishment shall be a fine of not less than $700 nor more
than $1,000 or imprisonment for a period not to exceed six months,
or both. Violations of this chapter may be deemed misdemeanors and,
for such purpose only, all provisions of law relating to misdemeanors
shall apply to such violations. Each week's continued violation shall
constitute a separate additional violation.
14.7.2
Violation of directives. In addition to, and notwithstanding any
other remedy for an offense pursuant to the requirements of this chapter,
any person violating a directive issued by the Commissioner
of Planning and Development, or his or her duly authorized representative,
which directive is duly issued pursuant to the provisions of this
chapter or any approval or permit granted in relation thereto, shall
be guilty of a violation punishable by a fine not to exceed $900 or
imprisonment for a period not to exceed 15 days, or both.
14.7.3
Violation of restrictive covenants. Whenever an application, including
any plans related thereto, which is submitted to the Town Board, the
Zoning Board of Appeals, the Planning Advisory Board or other Town
agency, results in the imposition of conditions, covenants or other
type of restrictions, whether by deed, by stipulation or by agreement,
the owner, tenant and any other involved party shall be responsible
for performing, fully and completely, all obligations created thereby.
Failure to comply with the approved application, and with any and
all conditions, covenants or restrictions, required by the approving
agency in connection therewith, shall be deemed a violation of this
chapter, subject to the penalties as provided above.
14.7.4
Injunctive relief. Pursuant to New York State Town Law, including,
without limitation, §§ 65, 135 and 268, as amended,
the Town of Oyster Bay hereby reserves the right to seek injunctive
relief to enforce compliance with any provision of this chapter or
of any permit or approval issued pursuant thereto.
14.7.5
Adjudication by the Bureau of Administrative Adjudication. Any person
found by the Bureau of Administrative Adjudication to have violated
any provision of this chapter shall be subject to a monetary penalty
within the range of fines authorized herein. Any conduct deemed to
be a misdemeanor, pursuant to § 246.14.7.1, shall be within
the jurisdiction of the District Court of Nassau County or other court
of competent jurisdiction.
[1]
Editor's Note: This local law provided that where its requirements
impose a different restriction or requirement than imposed by other
sections of the Town Code, the Town Law of New York State, or other
applicable rules or regulations, the requirements of this local law
would prevail.
[Amended 2-10-2004 by L.L. No. 5-2004; 10-16-2012 by L.L. No.
3-2012]
For the purpose of defraying professional and administrative
costs involved in the review of applications and appeals, including
any legal notices required by law, fees shall be paid to the Town
of Oyster in an amount as determined by the Commissioner of the Department
of Planning and Development. Applicants shall pay
for the publication and mailing of notices as required.
14.8.1
Professional consultant review. The Town Board, the Zoning Board
of Appeals, the Planning Advisory Board and the Department of Planning
and Development, in connection with their review of any application
or pre-application which may come before them, may refer such application
or pre-application to such professional(s) as they deem necessary
to enable them to properly administer their responsibilities. Fees
charged by such professionals shall be in accord with fees usually
charged for such services in the New York Metropolitan Region and
pursuant to a contractual agreement between the Town and such professional.
All such charges shall be paid by the Town upon submission of an invoice
by the professional and upon approval by the Town Board. The applicant shall reimburse the Town for the cost of such
professional review services in accordance with the procedures described
below and subject to the deposit requirements as set forth in § 246-14.8.3,
Schedule of Trust Account Deposits. Such fees shall be in addition
to any and all other required fees.
14.8.2
Trust accounts. At such time as a reviewing agency determines that
a professional(s) will be retained to assist in its review of an application,
the applicant shall submit to the Department of Planning
and Development a check payable to the "Town of Oyster Bay" in the
amount as set forth in § 246-14.8.3. Such amount shall be
deposited into a trust account, out of which the Town will reimburse
the professional(s) which the reviewing agency has retained. No such
application or pre-application shall be considered complete for review
purposes until said trust account is funded in accordance with the
Schedule of Trust Account Deposits. The applicant shall be provided with copies of any invoices and supporting documentation
submitted to the Town for payment for such professional review services.
When the balance in such trust account is reduced to 1/3 of its initial
amount, the applicant shall be required to submit
to the Department of Planning and Development additional funds as
necessary to restore the balance in such account to the amount of
the initial deposit. If such account is not so replenished within
30 days after the applicant is notified, in writing,
of the requirement for such additional deposit, the reviewing agency
may suspend all review of the application. A building permit or certificate of occupancy shall not be issued until and
unless all professional review costs in connection with the applicant's project have been fully reimbursed to the Town.
After all pertinent charges have been paid, the Town shall refund
to the applicant any unused funds remaining on deposit
in such account.
14.8.3
Schedule of Trust Account Deposits. The Schedule of Trust Account
Deposits shall be maintained at the Department of Planning and Development.
All trust account deposits shall be submitted to the Department of
Planning and Development in the amount as determined by the Commissioner
of the Department of Planning and Development. If a proposed action
involves multiple approvals, a single trust account will be established.
The total amount of the initial deposit shall be the sum of the individual
amounts indicated.
In addition to other requirements that might be imposed by the
Town Board, each application submitted to the Department of Planning
and Development which requires a Zoning Map or text amendment, site
plan approval, special use permit, variance, modification of restrictive
covenants or modifications of conditions imposed by resolution shall
include an affidavit executed by all owners of record, contract vendees,
lessors and lessees, contract lessors and contract lessees, holders
of any interest and contract holders of any interest in the subject
property, except as otherwise provided below. Said affidavit shall
set forth the following:
14.9.1
If the affiant is an individual, the affiant's name, address of residence
and age.
14.9.2
If the affiant is a partnership, joint venture or other business
entity, except a corporation, it shall set forth:
14.9.3
If the affiant is a corporation, it shall set forth:
14.9.3.1
The name and business address of the corporation.
14.9.3.2
The method of incorporation.
14.9.3.3
The names and residence addresses of each officer, director
and shareholder as of the date of filing of application.
14.9.3.4
The names and mailing addresses of all persons to whom corporate stock has been pledged and with whom any agreement
has been made to pledge said stock.
14.9.4
All affiants shall set forth the names and mailing addresses of all persons, individuals, partnerships and/or corporations who
are the holders of any instrument creating an encumbrance upon the
property which is the subject of the application and shall also state
the nature of such encumbrance.
14.9.5
All affiants shall state to the best of their knowledge whether any person mentioned in the affidavit is a current town officer
or employee or is related to a town officer or employee. If such is
the case, the affiant shall provide full details.
14.9.6
All affiants shall set forth all prior enforcement actions against
any party who has an interest in the application or the property,
arising from any violation of any law, statute or civil action, whether
said action has occurred within the Town of Oyster Bay or in any other
jurisdiction within or beyond the borders of the United States of
America. Said disclosure shall be only in a manner prescribed by the
Town Board. Failure to fully comply with this section shall cause
the application to be judged incomplete and shall prevent said application
from being entertained in any manner by the Town Board. Said affiants
shall supplement their affidavit within 48 hours of any change affecting
their disclosure statement occurring prior to a decision on their
application. Any incorrect or incomplete statements made in the disclosure
which may come to the attention of any enforcement agency or individual
of the Town of Oyster Bay after the approval of the application to
which the disclosure is attached shall cause the approved application
and any other permit or approval issued by any Town department or individual pursuant thereto to be reviewed as follows:
14.9.6.1
The Town Attorney is hereby authorized to conduct an investigation
and to demand additional information to determine if the affiant's
original disclosure was, and currently is, accurate and complete.
Said information may be obtained from the affiant or from an independent
source.
14.9.6.2
The Town Attorney shall, upon completion of said investigation,
report findings to the Town Board. If any incomplete or inaccurate
statement, relevant to the subject application, was found to exist,
the Town Board shall conduct a public hearing in accordance with the
following:
14.9.6.2.1
Whenever it shall be provided herein that a hearing may be held
by the Town Board, such hearing shall be conducted on a date and at
a place and hour designated by the Town Board, but in no event shall
this date exceed 30 days from the date of the Town Attorney's report
of findings to the Town Board.
14.9.6.2.2
The Town Attorney shall give notice of such hearing, stating
the name and address of the applicant or lessees
and fee owner concerned, the subject matter of the hearing and the
date, place and hour designated therefor, by mailing a copy thereof
to the applicant or lessee and fee owner concerned
at the address shown upon the most recent application of such applicant or licensee, at least 10 days before such hearing.
14.9.6.2.3
At any such hearing, the applicant or lessee
and fee owner involved shall be entitled to be represented by legal
counsel and to present such competent material testimony or other
evidence in the applicant or lessee and fee owner's
behalf as may be relevant to the subject matter of the hearing.
14.9.6.2.4
All witnesses shall be sworn and examined under oath.
14.9.6.3
The Town Board, after the conclusion of any public hearings,
and after considering all facts and testimony presented at said hearings,
shall either revoke, amend or sustain the original approval.
14.9.7
In the event that there is any change in any matter set forth on
any affidavit submitted hereunder prior to the time a certificate
of occupancy is granted to the subject premises, the affiant affected
by such change shall file a supplemental affidavit within 48 hours
after such change has occurred, giving the full details thereof. The
new party introduced by said change, if any, shall, within 48 hours
after such change has occurred, also file an affidavit in compliance
with the requirements of this section and shall thereafter be subject
to all the requirements as set forth in this section.
14.9.8
Corporations whose stock is listed on a stock exchange or sold over
the counter under regulation of the Securities and Exchange Commission,
lending institutions licensed or franchised by the State of New York
and public corporations are excluded from the provisions of this section.
