[HISTORY: Adopted by the Board of Trustees of the Village
of Poquott 11-13-2018 by L.L. No. 3-2018. Amendments noted where applicable.]
[Amended 10-14-2021 by L.L. No. 5-2021]
A.
Adoption of standards and procedures.
(1)
There is hereby adopted by the Board of Trustees of the Incorporated
Village of Poquott, for the purpose of prescribing regulations governing
building construction and conditions hazardous to life and property
from fire, explosion or other causes, the regulations and standards
set forth in the New York State Uniform Fire Prevention and Building
Code (henceforth referred to as the "Uniform Code") and the New York
State Energy Conservation Construction Code.
(2)
A violation of the Uniform Code shall be a violation of Subsection A(1) of the Poquott Village Code, and a violation or notice of violation may be issued and prosecuted by the Village of Poquott on that basis.
(3)
At the option of the issuing officer or official, a violation of
the Uniform Code may be cited as a violation of New York State Executive
Law § 382(1) as a violation or as a violation of New York
State Executive Law § 382(2) as a misdemeanor. In the event
that a violation of the Uniform Code is issued under New York State
Executive Law § 382(1) as a violation, no prior notification
of a notice of violation shall be required; however a notice of violation
may be issued by the issuing officer. In the event that a violation
of the Uniform Code is issued under New York State Executive Law § 382(2)
as a misdemeanor, then, in that event, the issuing officer shall provide
30 days' notice of the violation by the issuance of a notice of violation
with a notice to remedy within 30 days; except in the event that the
issuing officer determines that the violation affects the health and
safety of an occupant, resident, the public or the structure or property,
the issuing officer may issue the violation of § 382(2)
with seven days' or less notice of violation with order to remedy,
or on no notice.
(4)
No permit for the alteration or construction of any building shall
be issued unless all Village taxes and assessments which are a lien
on the real property as well as any outstanding fines, violations
or fees on the real property that is the subject of the permit application
have been paid or remedied and all outstanding permits on the property
have been properly closed.
B.
No person, firm or entity shall commence the alteration, construction,
erection, enlargement, removal, improvement, demolition, conversion,
movement, excavation or change in a structure or the nature of the
occupancy of any building or structure or cause the same to be done
without first obtaining a separate building permit from the Building
Department for each such building or structure, except that no building
permit shall be required for the performance of ordinary repairs which
are not structural in nature. Structures that are less than 144 square
feet in area are exempt unless electricity and plumbing are to be
installed.
C.
Vacating premises. In addition to all other powers and authority
of the Building Inspector, Code Enforcement Official and other New
York State Code officials, when it is found and determined that a
building or structure or part thereof may be an imminent danger to
life and safety as a result of fire, explosion, structural instability
or other hazardous situation, the Building Inspector, Building Safety
Inspector, or Town Fire Marshal may require the occupants of any building
or structure or any part thereof to vacate the premises forthwith
and placard the premises. Upon such direction and placarding, no person
shall enter the premises which have been ordered vacated unless authorized
to perform inspections or repairs or to demolish and remove such building
or structure or part thereof or until the condition has been remedied
and the direction to vacate and placarding has been rescinded or removed.
Consideration of all construction, renovation, demolition, excavation,
regarding, or any other work covered under this chapter must, at a
minimum, be preceded by a submission to the Village of Page 1 of the
Village building permit application. For work deemed to require a
building permit, applicant will be notified of the need to submit
an entire permit application before work can begin.
No building permit shall be issued for the construction of any
detached accessory building or structure until such time as the principal
building of approved bulk, size, and arrangement is found to be in
all respects conforming to all applicable provisions of village zoning
and permit requirements.
[Amended 10-14-2021 by L.L. No. 5-2021]
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 12 months after the date of its
issuance. In the event that construction under the permit is in progress,
for good cause, the Building Inspector may allow an extension of the
building permit for a period not exceeding six months.
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 Uniform Code and
applicable laws and regulations. All worked performed under a permit
shall conform to the approved application, plans and specifications.
A.
All permits for buildings or structures issued prior to the effective
date of this chapter and subsequent amendments to this chapter shall
be null and void unless substantial progress has been made toward
the completion of work specified in the permit subsequent to the date
of issuance of such permit.
B.
There shall be no grading or regrading of a property for which a
building permit has been or will be applied for prior to the issuance
of said permit.
Projects having a solely decorative purpose such as the addition
of window shudders, upgrading siding, soffits, or trim shall not require
a building permit. However, Page 1 of the permit application is to
be submitted prior to beginning the work.
The Village Clerk shall require that the application for a building
permit and the accompanying plot plan shall contain all the information
necessary to ascertain whether the proposed building or use complies
with the provisions of this chapter.
A.
Submit building permit application form.
B.
Submit three complete sets of drawings and specifications. For larger
projects, a digital copy is also required.
C.
The work in connection with this building permit shall be carried
forward in such a manner that no damage is done to the Village roads
or adjacent property. Restitution by the property owner must be made
on demand. Contractors applying for a building permit where the building
cost exceeds $2,500 shall post with the Village Clerk a cash bond
or equivalent in the amount of 10% of the building cost to protect
the Village for road damage done in the course of construction.
D.
Obtain certificate of occupancy forms with the building permit application
forms. Submit certificate of occupancy fee as determined by Village
Board with the building permit fee.
E.
Stormwater drainage shall be so arranged that storm water does not
drain onto the public right-of-way or adjacent property. Gutters are
required on all new construction. All gutters systems will drain into
dry wells.
F.
A recent (five-year-old) copy of a survey with house clearly identified
on property is required with the application. The survey shall include
the following: name of surveyor; date of survey; courses and distances
of boundaries of plot; north arrow; monumentation. Where required
by the Village Clerk a topography with two-foot gradings of construction
area. An additional fee to cover the cost of a drainage review by
the Village Engineer will be charged to the applicant if such minor
alterations at the discretion of the Board of Trustees.
G.
For the purpose of determining the permit fee, estimated value of
construction will be as determined by the Village Building Department.
H.
The Building Inspector must make three inspections. Inspections to
be made (but not limited to) are:
(1)
The first inspection (foundation) when footings, foundation wall,
and foundation waterproofing have been completed; the second inspection
(rough) when framing, outside sheathing and rough plumbing have been
completed; the third inspection (final) when entire construction has
been completed. All three inspections will include water drainage
in accordance with above.
(2)
Three inspection cards will be furnished when the permit is issued.
The applicant must submit an inspection card as each stage of the
construction has been completed. Proceeding with further construction
prior to approval by the Building Inspector will be done at your own
risk.
(a)
Note: The value of construction for purposes of the building
permit has nothing to do with the assessed valuation of property.
Property is assessed by the Town of Brookhaven at its discretion during
the construction. Consequently not filing for a certificate of occupancy
has no bearing on reassessment.
(3)
No building permit shall be issued until the appropriate Village
agency has certified that the proposed building or alteration complies
with the provisions of this chapter.
(4)
It shall be unlawful for any person to commence work for the erection
or alteration of any building or structure, or use any lot or premises
for any purpose until a permit has been duly issued therefor.
A certificate of occupancy shall be deemed to authorize, and
shall be required for both initial and continued occupancy and use
of the building and land to which it applies, and shall continue in
effect as long as such building and the use thereof or of such land
is in full conformity with the provisions of this chapter and any
requirements made pursuant thereto. A change from one permitted use
to another permitted use under this chapter requires the application
for, and the issuance of, a new certificate of occupancy or a use
permit.
The Village Clerk shall maintain a record of all certificates,
and copies shall be furnished upon request to any person having a
propriety or tenancy interest in the building affected, and the may
make a reasonable charge therefor.
[Amended 12-4-2023 by L.L. No. 6-2023]
The following fees and charges shall be paid at the office of
the Village Clerk in connection with permit applications. For the
purpose of establishing the permit fee for Subsections A and B below,
the estimated value of construction shall be determined by the Village
Building Department. Plumbing, heating, standpipe, sprinkler, electrical
work, and so on, are all included in the terms "construction or alteration
work." When filed with complete construction plans, all such work
is included under one fee.
A.
New construction and change of use. For a permit for all new private
dwelling construction, accessory building and alterations or use permit
a fee as set by Village Board resolution shall be paid of the estimated
value of construction. An additional fee as set by Village Board resolution
shall be paid up to and including total construction value. A minimum
fee as set by Village Board resolution shall be charged for all new
private dwellings.
B.
Permit and fee is as per the current Schedule of Fees as adopted
by the Board of Trustees. The initial application shall expire one
year from date of issue. The owner or permit holder may on application
obtain a renewal of one year, commencing from the date of the expiration
of the original permit, for a fee of 125% the amount of the original
permit or such other amount as may be established from time to time
by resolution of the Board of Trustees. Alternatively, an extension
of three months from the date of expiration may be obtained for a
fee as established by resolution of the Board Of Trustees. In the
event that the work and all inspections are not completed and the
permit closed within that ninety-day extension, the owner or permit
holder may on application obtain a renewal of one year, commencing
from the date of the expiration of the extension, for a fee of 125%
the amount of the original permit or such other amount as may be established
from time to time by resolution of the Board of Trustees. The permit
amount on extension or renewal may be adjusted based on changes in
scope of the work after the commencement of the permit work.
C.
Structures, fences, and walls. Building permits for structures shall
be required and the fee for all such permits shall be as set by Village
Board resolution. A building permit shall be required for all walls,
fences, or retaining walls permitted under this chapter, and a fee
as set by Village Board resolution shall be required for all accessory
structures with an area of 144 square feet.
D.
Miscellaneous fees. Fees to be paid for other Building Department
permits:
(1)
As set by Village Board resolution for a permit to demolish a building
unless said demolition is a necessary part of an alteration for which
a permit has been issued.
(2)
As set by Village Board resolution for a permit to move a building.
(3)
As set by Village Board resolution for a duplicate certificate of
occupancy.
A.
Falsification: For any falsification in the building permit application,
the owner, general agent or contractor or other person who does so
knowingly shall be fined as set by Village Board resolution.
B.
Violation penalties. Penalties for any violation of this chapter
shall be imposed in accordance with the local laws and fines of the
Village.
C.
Prior occupancy. Occupancy of any addition, alteration, outbuilding,
or new construction prior to the issuance of a certificate of occupancy
shall constitute a violation and be subject to summons and fine.
[Amended 10-14-2021 by L.L. No. 5-2021]
A.
No building hereafter erected shall be used or occupied, in whole
or in part, until a certificate of occupancy shall have been issued
by the Building Inspector.
B.
No building hereafter enlarged, extended or altered or upon which
work has been performed which required the issuance of a building
permit shall be occupied or used unless a certificate of occupancy
shall have been issued by the Building Inspector.
C.
No change shall be made in the use or type of occupancy of an existing
building unless a certificate of occupancy authorizing such change
shall have been issued by the Building Inspector.
D.
The owner or his agent shall make application for a certificate of
occupancy. Accompanying the application and before the issuance of
a certificate of occupancy, there shall be filed with the Building
Inspector an affidavit of the registered architect or licensed professional
engineer who filed the original plans or of the registered architect
or licensed professional engineer who supervised the construction
of the work or of the building contractor who supervised the work
and who, by reason of his experience, is qualified to superintend
the work for which the certificate of occupancy is sought. This affidavit
shall state that the deponent has examined and approved plans of the
structure for which a certificate of occupancy is sought and that
the structure has been erected in accordance with approved plans and,
as erected, complies with the Uniform Code and other laws governing
building construction, except insofar as variations therefrom have
been legally authorized. Such variations shall be specified in the
affidavit.
E.
Inspection prior to issuance of certificate; records. Prior to the
issuance of a certificate of occupancy, the Building Inspector shall
examine or cause to be examined all buildings, structures and sites
for which an application has been filed for a building permit to construct,
enlarge, alter, repair, remove, demolish or change the use or occupancy;
and he may conduct such inspections as he deems appropriate from time
to time during and upon completion of the work for which a building
permit has been issued.
F.
Issuance of certificate of occupancy.
(1)
When, after final inspection, it is found that the proposed work
has been completed in accordance with the Uniform Code and other applicable
building laws and regulations and also in accordance with the application,
plans and specifications filed in connection with the issuance of
the building permit, the Building Inspector, upon the payment of all
required fees, shall issue a certificate of occupancy upon the form
provided by him. If it is found that the proposed work has not been
properly completed, the Building Inspector shall refuse to issue a
certificate of occupancy and shall order the work completed in conformity
with the building permit and in conformity with the Uniform Code and
other applicable building regulations.
(2)
The certificate of occupancy shall certify that the work has been
completed and that the proposed use and occupancy is in conformity
with the provisions of the Uniform Code and other applicable building
laws and regulations and shall specify the use or uses and the extent
thereof to which the building or structure or its several parts may
be put.
[Amended 10-14-2021 by L.L. No. 5-2021]
A.
Actions.
(1)
The provisions of this chapter shall be carried out in a manner consistent
with the building administrative laws and shall be enforced by the
Mayor of the Village in accordance with the provisions of the Village
Law of the State of New York.
(2)
Revocation of permit. The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
(a)
Where he finds that there has been any 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 building 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 building permit has been issued fails
or refuses to comply with a stop order issued by the Building Inspector.
(3)
Stop-work orders.
(a)
Whenever the Building Inspector or code enforcement official
has reasonable grounds to believe that work on any building or structure
is being conducted in violation of the provisions of the Uniform Code
or other applicable building laws 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 or the
owner's agent or the person performing the work to suspend all work,
and any such persons shall forthwith stop such work and suspend all
building activities until the stop order has been rescinded. Such
order and notice shall be in writing, 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.
(b)
No person shall remove or alter any stop-work order posted upon
any premises until the violations have been corrected and the Building
Inspector or code official has authorized work to resume.
B.
Violations and penalties. In addition to any other violations of
New York State law or ordinance of the Village of Poquott, and any
penalties or fines associated therewith, it shall be a violation to
fail to comply with any provision of this chapter or any of the restrictions
contained herein, with a fine or penalty of up to $250 per violation
for a first violation of this chapter, a fine or penalty of up to
$750 per violation for a second violation of this chapter within a
twelve-month period of a first violation and a fine or penalty of
up to $1,500 for a third violation of this chapter and each and every
violation of this chapter within a twelve-month period of the first
violation. Each and every day that a violation of this chapter should
exist shall be a separate violation of this chapter, whether or not
a separate violation or citation is issued.
C.
Other remedies. Any building which is erected, constructed, altered,
enlarged, converted, demolished, moved or removed, or which is used
contrary to any of the provisions of this chapter, shall be deemed
to be an unlawful structure, and any land or building which is operated
or maintained contrary to any of the provisions of this chapter shall
be deemed to be an unlawful use, and the same are hereby declared
to be violations of this chapter. The proper Village authorities may
commence a civil action and seek an injunction, mandamus, abatements
or any other appropriate action to prevent, enjoin, abate or remove
any such erection, construction, alteration, enlargement, conversion,
or use which is in violation of any of the provisions of this chapter.
D.
Compliance with chapter. No board, agency, officer or employee of
the Village shall issue, grant or approve any permit, license, certificate
or other authorization, including special permits by the Village Board,
for any construction, reconstruction, alteration, enlargement or moving
of any building that would not be in full compliance with the provisions
of this chapter, unless a variance shall have been duly granted by
the Board of Appeals therefor.
E.
Void permits. Any permit, license, authorization or certificate issued,
granted or approved in violation of the provisions of this chapter
shall be null and void and of no effect, without the necessity of
any proceedings for revocation or nullification thereof, and any work
undertaken or use established pursuant to any such permit, license,
or certificate, or authorization shall be unlawful.
F.
The penalties and fines contained herein and the election by the
Village of Poquott to assess them shall not be a waiver of or act
to limit or prejudice any other rights or remedies of the Village,
whether civil or otherwise. The Village of Poquott shall be entitled
to temporary and permanent injunctive and other relief, including
an assessment of the costs therein, from any party committing a violation
of this provision and any other civil or other remedies that may be
available to the Village by law.
In the event that any portion of this chapter shall be deemed
to be void or unenforceable the remaining provisions of this chapter
shall remain in full force and effect.
