[HISTORY: Adopted by the Board of Trustees
of the Village of Laurel Hollow 3-11-1996 as L.L. No. 3-1996.
Amendments noted where applicable.]
[Amended 6-14-2007 by L.L. No. 5-2007]
The New York State Uniform Fire Prevention and Building Code shall be applicable in the Village of Laurel Hollow. No building or structure shall be constructed, altered, installed, repaired or removed, except in conformity with the provisions of the New York State Uniform Fire Prevention and Building Code and the applicable provisions of the Code of the Village of Laurel Hollow. Those provisions of the Village Code include all sections contained in this Chapter 23 as well as Chapter 22 entitled "Building Code, Administration and Enforcement of."
A.
The administration of the building laws and codes
applicable in the Village of Laurel Hollow shall be conducted by the
Building Inspector, except where otherwise provided in this Code.
B.
The Building Inspector shall be appointed by the Mayor,
with the approval of the Board of Trustees, and shall serve at the
pleasure of the Mayor. The Building Inspector shall conduct and supervise
the operation of the Building Department, if any, and administer and
enforce the provisions of the Code of the Village of Laurel Hollow.
The Building Inspector shall have authority to issue violation notices
and appearance tickets for the purposes of such enforcement, to the
maximum extent permitted by law.
(1)
No person shall be appointed to the position of Building
Inspector unless such person shall be familiar with the provisions
of this Code and the provisions of the New York State Uniform Fire
Prevention and Building Code and shall be generally informed on the
quality and strength of building materials, on the prevailing methods
of building construction, on good practice in fire prevention, on
the accepted requirements for safe exit facilities and on the proper
installation of plumbing, electrical wiring and other installation
for the safety, comfort and convenience of occupants of buildings.
Such person shall be in good health, physically capable of making
the necessary examinations and inspections of buildings in the course
of construction and shall not have any interest whatever, directly
or indirectly, in the sale or manufacture of any material, process
or device entering into or used in or in connection with building
construction.
(2)
The Board of Trustees may appoint such assistants
and subordinates to the Building Inspector as may be deemed necessary
for the enforcement of the provisions of the Code of the Village of
Laurel Hollow.
C.
To the extent permitted by law, the Board of Trustees
may designate other persons, by title or position, to issue violation
notices and appearance tickets for the enforcement of the Code of
the Village of Laurel Hollow.
D.
It shall be the duty of the Building Inspector, and
such other persons as may be designated to act on behalf of the Building
Inspector, to enforce the provisions of this chapter. In the discharge
of such duties, the Building Inspector shall have authority to enter
any building or premises at any reasonable time, as may be authorized
by law. An application for a permit or certificate of occupancy shall
constitute the consent of the owner of the subject property that the
Building Inspector may enter upon such property, and inspect the same,
during the course of the construction work on such property and until
the issuance of a certificate of occupancy for the completed work.
[Amended 2-24-2003 by L.L. No. 1-2003]
A.
Permits required.
(1)
It shall be unlawful to excavate or to construct, erect, alter, remove or demolish, or to commence the construction, erection, alteration, removal or demolition of a building, structure, or driveway or parking area, including plumbing, heating, ventilating, air-conditioning or electrical work, within the Village of Laurel Hollow without first having obtained a permit therefor from the Building Inspector after having duly applied therefor. This section is to be utilized in conjunction with § 22-4B of the Code.
[Amended 11-12-2013 by L.L. No. 3-2013]
(2)
It shall be unlawful to commence, continue or perform
any construction, development, improvement or other similar work on
any property within the Village of Laurel Hollow for which a permit
is required by any agency of any government unless all such permits
first have been obtained.
B.
Form. An application for a permit to be obtained from
the Village of Laurel Hollow pursuant to this chapter shall be submitted
in such form as may be prescribed by the Building Inspector.
C.
Applications. Application for permits shall be made
by the owner or lessee of property, or by the agent of the owner or
lessee, or the architect, engineer or builder employed by the owner
or lessee in connection with the proposed work. If such application
is made by any person other than the fee owner of the property, it
shall be accompanied by a duly verified affidavit of the fee owner,
or the person making the application, that the proposed work is authorized
by the fee owner and that the person making the application is authorized
by the fee owner to make such application.
D.
Plans and specifications. Applications for permits
shall be accompanied by two sets of drawings of the proposed work,
drawn to scale, including floor plans, elevations, structural details,
plot diagrams and specifications. One set of such plans and specifications
shall be retained by the Building Inspector and the other delivered
to the applicant. When the work involves structural alterations, heating
or plumbing, or the cost of the work to be done under a permit, as
estimated by the Building Inspector, exceeds $3,000, or the volume
thereof exceeds 2,000 cubic feet, or the work involves earthmoving
of more than 50 cubic yards, the plans and specifications must be
certified and filed by a registered architect or registered professional
engineer, duly licensed in and by the State of New York.
E.
Amendments to plans. Nothing in this section shall
prohibit the filing of amendments to an application or other drawings
of the work for which the permit is sought. Such amendments, after
approval, shall be filed with and be deemed a part of the original
application.
F.
Fees for applications.
(1)
Application for the issuance of building permits or
certificates of occupancy shall be accompanied by the payment to the
Village, through the Building Inspector, of building permit fees and
plan review fees. Certificate of occupancy fees shall be paid prior
to final inspection.
[Amended 5-9-2018 by L.L.
No. 3-2018; 3-11-2020 by L.L. No. 5-2020]
(a)
Building permit fees and certificate of occupancy
fees shall be as determined by resolution of the Board of Trustees.
(b)
(Reserved)
(c)
Plan review fees shall be as determined by resolution
of the Board of Trustees.
(d)
The Board of Trustees, by resolution, may establish
minimum cost standards for the computation of value in establishing
permit fees based upon current building cost standards.
(e)
There shall be additional building permit fees in the event any of the activities described in Subsection A(1) and/or A(2) hereof are performed without a valid building permit. The total fees for building permits with respect to any of the activities described in Subsection A(1) and/or A(2) hereof which are commenced prior to issuance of a valid building permit shall be three times the amounts established under Subsection F hereof.
(f)
In addition to the fees required as set forth above, where a
building permit application seeks approval to construct a new dwelling
or where the proposed construction or alteration of an existing dwelling
will exceed 40% of its floor area or to demolish a dwelling, a cash
deposit in a sum set by resolution of the Board of Trustees shall
be deposited with the Village Clerk along with the building permit
application. Where a building permit application seeks approval to
construct or demolish a swimming pool, a cash deposit in a sum set
by resolution of the Board of Trustees shall be deposited with the
Village Clerk along with the building permit application. The aforesaid
deposit shall serve to ensure completion of site restoration and,
if necessary, the repair and/or restoration of Village property, including,
but not limited to, curbs, roadway areas, drainage structures and
landscaping resulting from damage caused by work performed pursuant
to the permit. At the option of the Board of Trustees, such repair
and/or restoration work shall be undertaken by the applicant and/or
property owner or by a contractor or contractors selected by the Board
of Trustees. In the event the Board of Trustees determines that a
contractor or contractors of its choice shall be utilized or in the
event a repair and/or restoration undertaken by the applicant and/or
property owner is deemed deficient by the Building Inspector and/or
the Village Engineer, the cash deposit made hereunder shall be utilized
to effectuate such repair and/or restoration. The cash deposit, or
any unused portion thereof, shall be refunded upon certification by
the Building Inspector and/or the Village Engineer that no damage
has occurred or, if such damage has occurred, that all restoration/repair
work has been completed satisfactorily and in accordance with specifications
for restoration/repair approved by the Building Inspector and/or the
Village Engineer.
G.
Review of applications. The Building Inspector shall
examine each application within a reasonable time after filing. If,
after such examination, it appears that the proposed work will be
in compliance with the provisions of this Code, and the Uniform Fire
Prevention and Building Code, and other applicable laws, rules and
regulations, the application shall be approved and the permit issued.
If the examination reveals otherwise, the Building Inspector shall
supply the applicant with a written report of findings as to the manner
in which said application does not so comply and shall deny the application.
If an application is withdrawn before issuance of a permit, or before
commencement of work pursuant to such permit, upon authorization of
the Board of Trustees, after written application not more than 25%
of the building permit fees paid for such application, exclusive of
the plan review fee, may be returned to the applicant. All incomplete
building applications will not be accepted for review.
H.
Disposition of fees. Upon receipt of fees paid for
any permit application, or for any other purpose, the Building Inspector
shall promptly transmit the same to the Village Treasurer. The services
of the Building Inspector shall be compensated in such manner, and
in such amounts, as may be authorized by the Board of Trustees.
I.
Removal or moving of buildings or structures. A bond
may be required by the Building Inspector to indemnify the Village
for damages caused by the removal or moving of a building or structure.
If such a bond is required, no permit for the removal of such building
or structure shall be issued until such bond is filed with, and accepted
by, the Village Clerk.
J.
Signature and conditions of permit. All work performed
under a permit issued by the Building Inspector, signed by the Building
Inspector or an authorized assistant, shall conform to the approved
application and the plans and specifications and approved amendments
thereto.
K.
Limitations of time. A permit under which no work
is commenced within six months after issuance shall expire by limitation.
All permits shall expire by limitation if the work has not been completed
within 18 months of issuance or renewal of the permit. Such permit
may be renewed no later than one week before the expiration of such
permit or previous renewal. The fee for each renewal shall be such
amount as may be established by resolution of the Board of Trustees
and shall be paid to the Village through the Building Inspector.
L.
The Building Inspector is authorized to renew any
building permit prior to its expiration date. The extension shall
not be granted for more than 9 months. It shall be a one-time renewal
only, and the cost shall be 50% of the initial building permit fee.
The fees and the time limit for renewal after a building permit expires
shall be such amount as may be established by resolution of the Board
of Trustees. If any excavation shall have been made, or construction,
alteration, renovation or removal of a building or structure commenced,
but not diligently pursued, the person to whom the permit is issued
shall, upon due notice from the Building Inspector, remove or demolish
the construction and fill in the excavation and restore the ground
to its prior condition with all convenient speed.
M.
Revocation of permits. The Building Inspector may
revoke a permit or approval issued under the provisions of this chapter
in case there has been any false statement or misrepresentation as
to a material fact in the application or plans and specifications
upon which the permit or approval was based.
N.
Posting of permit; plans. A copy of the permit shall
be kept on the premises, open to public inspection, during the prosecution
of the work and until the completion of the building or structure.
A certified copy of the approved plans and specifications shall be
kept on the premises at all times until the completion of the work.
O.
Certificates of occupancy.
(1)
New construction. No building, structure, driveway
or parking area hereafter erected, enlarged, extended or altered shall
be occupied or used, in whole or in part, until a certificate of occupancy,
certifying that the building, structure, driveway or parking area
conforms to the approved plans and the requirements of this chapter
and stating the purposes for which the building may be used in its
several parts and any special stipulations on such use, shall be issued
and signed by the Building Inspector or the duly authorized assistant
to the Building Inspector. If the occupancy or use of a building is
not discontinued during the work or alteration, the occupancy of the
building shall not continue for more than 30 days after completion
of the alteration, unless a certificate of occupancy shall have been
issued. For the purposes of this chapter, the term "certificate of
occupancy" shall include a certificate of completion.
(2)
Change of occupancy.
(a)
No change of occupancy or use shall be made
in a building or structure that is not consistent with the last issued
certificate of occupancy for such building or structure unless a permit
is obtained from the Building Inspector for such change of use. In
the case of a lawfully existing building or structure for which no
certificate of occupancy is required, no change of occupancy or use
shall be made in such building or structure that is not consistent
with the last previous authorized use, unless a permit is obtained
from the Building Inspector for such change of use.
(b)
After a change in occupancy has been made, the
reestablishment in a building of a prior use which would not be permitted
in a new building of the same type of construction is prohibited.
No change shall be made from a specifically prohibited use to another
specifically prohibited use.
(3)
Additions or alterations. When the cost of any addition
or alteration, as estimated by the Building Inspector, exceeds $3,000
or the volume of such addition or alteration exceeds 2,000 cubic feet,
such work shall be deemed an addition or alteration subject to all
of the provisions of this chapter, regardless of whether the same
shall affect the structure of the building.
P.
Stop-work orders.
(1)
Whenever the Building Inspector is satisfied that
the execution of any work for which a permit is issued is contrary
to the provisions of this Code, and/or the permit for such work, and/or
the plans, specifications and application submitted for such permit,
the Building Inspector shall serve notice or order upon the persons
responsible, directing the discontinuance of such illegal action and
the remedying of the condition that is in violation of the provisions
of this Code.
(2)
Whenever, in the opinion of the Building Inspector,
the continuance of a building operation is contrary to the public
welfare by reason of defective or illegal work in violation of a provision
or requirement of this Code, the Building Inspector may order, either
orally or in writing, that all further work be stopped and may require
suspension of the work until the condition in violation has been remedied.
(3)
No person shall perform or permit the performance
of any work in violation of, or contrary to the provisions of, a stop
order issued by the Building Inspector pursuant to this chapter.
A.
Removal or repair.
(1)
Any building or structure that may be or shall at
any time hereafter become dangerous or unsafe, structurally or as
a fire hazard, shall, unless made safe and secure, be taken down and
removed when and as ordered by the Building Inspector. A vacant building
unguarded or open at door or window shall be deemed dangerous or unsafe
as a fire hazard within the meaning of this section.
(2)
A building or structure damaged by fire, explosion,
collision, act of God or act of public enemy may, pursuant to a permit
issued within three (3) months after such event, be reconstructed
as it previously existed, and a building or structure declared unsafe
by duly constituted authority may be restored to safe condition, provided
that if the damage or cost of reconstruction or restoration is in
excess of fifty percent (50%) of the value of the building or structure
if reconstructed or restored, it shall be made to conform to the requirements
for new buildings and structures as to materials and forms of construction.
(3)
Any building or structure or premises that may be
or shall at any time fall into a state of disrepair shall be repaired
as may be directed by the Building Inspector. In the event that the
owner or occupant of such property shall not comply with such direction,
the Board of Trustees, after reasonable notice to the property owner
and occupant and an opportunity for them to be heard, may direct that
such work as may reasonably be required to comply with such direction
be performed at the expense of the property owner.
B.
Emergency work. Where, in the opinion of the Building
Inspector, there is actual immediate danger of the collapse or falling
of a building or structure so as to endanger life or property, the
Building Inspector may direct or cause the necessary work to be done,
at the expense of the owner, to render such building or structure
temporarily safe, whether or not steps to abate the unsafe conditions
have been instituted.
C.
Vacating building and closing streets. When a building
or structure is in an unsafe condition so that life is endangered
thereby, the Building Inspector may order and require the occupants
to vacate the same forthwith. When necessary for public safety, the
Building Inspector may temporarily close sidewalks, streets, buildings,
structures and places adjacent thereto and prohibit the same from
being used. Any Chief of Police, police officer and any Fire Chief,
when called upon by the Building Inspector to cooperate, shall assist
in the enforcement of such orders or requirements.
D.
Contractors, laborers and materials. For the purposes
of this chapter, the Building Inspector may employ such contractors
and/or laborers and purchase such supplies as may be necessary to
perform said work as speedily as practicable, provided that the same
complies with all applicable legal requirements.
E.
Recovery of costs. Wherever it is provided in this
chapter that work may be done at the expense of the owner of property,
such costs may be recovered by assessment of a lien upon such property
in the same manner as provided for real property taxes levied by the
village or by action instituted by the Village Attorney, on behalf
of the village, against the owner of such premises.
No certificate of occupancy shall issue for
the construction of any building or structure within an approved subdivision
of land, or within the boundaries of a proposed subdivision, or within
the boundaries of a subdivision within the jurisdiction of the Planning
Board, until:
A.
The subdivision plat (the final plan) shall have been
approved by the Planning Board.
B.
All stormwater drainage, storage basins and sumps
required by the Planning Board or by the County of Nassau shall have
been completed and dedicated to, and accepted by, the village or the
County of Nassau, unless otherwise provided in the plat approval by
the Planning Board.
C.
All streets open to the public have been completed
in accordance with the requirements of the Village Planning Board
and formally dedicated to, and accepted by, the Board of Trustees
of the village, or a final determination has been made by said Board
of Trustees that such streets shall remain as private roads, unless
otherwise provided in the plat approval by the Planning Board.
[Added 12-9-2015 by L.L.
No. 8-2015]
Any owner, lessee, contractor, corporation, association, agent
or other person who uses or maintains or causes to be used or maintained
any building or premises or any part thereof in the Village except
in conformity with the provisions of this chapter and with the provisions
of the State Building Construction Code, or who uses or maintains
or causes to be used or maintained any building or any part thereof
in the Village, which has been erected, enlarged or altered other
than in conformity with the provisions of this chapter and the State
Building Construction Code, or who in any manner commits an offense
or causes an offense to be committed against any provision of this
chapter or any provision of the State Building Construction Code shall
be subject to a fine of not less than $250 and not exceeding $1,500
for each offense or by imprisonment for not more than 15 days, or
both such fine and imprisonment. Each day that an offense continues
shall be deemed a separate violation.
