[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck Plaza as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-16-1974 by L.L. No. 4-1974]
This Article establishes procedures for the
administration and enforcement of the New York State Uniform Fire
Prevention and Building Code within the Village of Great Neck Plaza.
It is necessitated by the fact that the village is repealing its Building
Construction Code which contains such procedures and is adopting the
New York State Uniform Fire Prevention and Building Code which does
not contain any such procedures.
A.
Except as otherwise specifically provided by law,
ordinance or regulation, or except as herein otherwise provided, the
Building Inspector shall administer and enforce all of the provisions
of laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures,
including plumbing and drainage work therein, and the installation
and use of materials and equipment therein, and the location, use,
occupancy and maintenance thereof.
B.
He shall receive and examine and approve or disapprove,
within a reasonable time after receipt thereof, applications for permits
for the erection, alteration, removal and demolition of buildings
or structures or parts thereof and shall examine the premises for
which such applications have been received or such permits have been
issued for the purpose of ensuring compliance with laws, ordinances
and regulations governing building construction.
C.
He shall receive and examine and approve or disapprove,
within a reasonable time after receipt thereof, applications to install
any new plumbing or drainage work in a building or structure or to
extend or alter any existing plumbing or drainage work, whether such
work is to be connected with a sewer or not.
D.
He shall, on complaint or other information, examine
existing and completed buildings and structures, as well as buildings
and structures under construction, and shall issue all appropriate
notices or orders to remove illegal or unsafe conditions, to require
the necessary safeguards during the construction and to ensure compliance
during the entire course of construction with the requirements of
such laws, ordinances and regulations. He shall make all inspections
which are necessary or proper for the carrying out of his duties,
except that he may accept written reports of inspection from other
employees of the village or from generally recognized and authoritative
service and inspection bureaus, provided that the same are certified
by a responsible official thereof.
E.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
and regulations covering building construction, he may require the
performance of tests in the field by experienced, professional persons
or by accredited and authoritative laboratories and/or service bureaus
or agencies.
The Building Inspector and his deputies are
hereby authorized and shall have the right, upon the showing of proper
credentials, and in the discharge of their duties, to enter upon any
building, structure or premises at any reasonable hour and no person
shall interfere or prevent such entry.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits and certificates issued, fees charged
and collected, inspection reports and notices and orders issued. All
such records shall be public records.
B.
The Building Inspector shall annually submit to the
Village Board a written report and summary of all business conducted
by him, including permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending.
The Building Inspector may request, so far as
may be necessary in the discharge of his duties, the assistance and
cooperation of all municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
A.
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, removal, improvement,
demolition or conversion of any building or structure, or part hereof,
or change the nature of the occupancy of any building or structure
or cause the same to be done without first filing with the Building
Inspector an application for such construction, alteration, moving
or demolition, or installation of an elevator or a dumbwaiter, heating
or heat-producing appliance or 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.
Required information.
(1)
Such application shall be made to the Building Inspector
in duplicate on forms provided by him and shall contain the following
information:
(a)
A description of the land on which the proposed
work is to be done and the use district in which it is located.
(b)
A statement of the use or occupancy of all parts
of the land and the proposed building structure, the maximum occupancy
of each floor and live load on each floor.
(c)
The validation of the proposed work.
(d)
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.
(e)
A brief description of the nature of the proposed
work.
(g)
Such other information as may reasonably be
required by the Building Inspector and other village officials to
establish the compliance of the proposed work with the requirements
of the applicable building laws, ordinances and regulations.
(2)
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.
(3)
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. Permits from the state, county, town and/or village
authorities shall be submitted at the time of making application for
permit.
(4)
The Building Inspector shall require a separate application
to be filed for an elevator or dumbwaiter 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.
(5)
Nothing in this section shall prevent the Building
Inspector from requiring such additional information as may be necessary
to an intelligent understanding of any proposed work.
C.
Plans and specifications.
(1)
Each application for a building permit shall be accompanied
by duplicate plans and specifications, duplicate property surveys
by a licensed land surveyor 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 setback from the property lines, 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.
(2)
The plans shall be drawn to scale and shall show all
necessary details of all structural, mechanical, electrical and plumbing
work to be performed.
(3)
Plans and specifications shall bear the signature
of the person responsible for the design and drawings and, where otherwise
required by state law, the seal of a licensed architect or a licensed
professional engineer.
[Amended 6-19-1996 by L.L. No. 4-1996]
(4)
The Building Inspector may waive the requirement for
filing plans and specifications for minor alterations.
(5)
An application to demolish shall give the full name
and address of the owner or owners, of the applicant and of the person
who is to do the work and the lot number or street number of the premises.
D.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Building
Inspector and approval shall be received from the Building Inspector
prior to the commencement of such change of work.
E.
No building permit shall be issued for or in connection
with any parcel of realty until the applicant for said permit shall
have received the approval of a site or topographical map providing
for drainage facilities and drainage so as to ensure adequate protection
for the surrounding areas, except in those instances where the Building
Inspector deems, due to topography, it is not necessary. Said topographical
map shall include all factors which are material, i.e., surface drainage,
existing structures, future development, elevations of surrounding
areas, actual and potential capacities of all stormwater basins and
pools and the size thereof. Said topographical survey shall be submitted
to the Building Inspector after the necessary approvals shall have
been obtained from the Nassau County Department of Public Works in
accordance with any requirements of state law.
[Amended 6-19-1996 by L.L. No. 4-1996]
F.
No building permit shall be issued for or in connection
with any parcel of realty until the applicant for said permit shall
have received such approval of the proposed construction or alteration
as may be required by other governmental or municipal agencies, e.g.,
New York State Department of Labor, Nassau County Fire Marshal's office,
etc. A copy of such approval shall be stamped or endorsed on a copy
or copies of the plan filed with the application for the building
permit.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and the 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, as provided by § 89-22 of this article, 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.
[Amended 6-19-1996 by L.L. No. 4-1996]
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 of the requirements of the applicable building
ordinances and 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 shall be returned to the applicant.
Upon receipt of the applicant, the Building Inspector shall cause
such refusal, together with the reasons therefor, to be transmitted
to the applicant in writing.
A.
Commencement of work; completion time; extensions; explanation of
delay.
[Amended 6-6-2018 by L.L.
No. 2-2018]
(1)
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
Village Commissioner of Public Services may allow reasonable extensions
at his discretion.
(2)
All construction projects shall be completed within 24 months from
the date of issuance of a building permit, except that construction
projects relating to one- or two-family homes, or to individual units
in an apartment building which are not part of a larger construction
project in the building, shall be completed within 12 months. The
building permit shall set forth the date by which the project shall
be completed. If a project is not completed within said period, it
shall be deemed abandoned unless good cause is established for the
delay in accordance with the procedures set forth in this section.
(3)
Except as otherwise set forth in Subsection A(5) below, the person or entity to whom a building permit has been issued (the "permit holder") may seek an extension of the date set forth in Subsection A(2) above for the completion of a construction project, based on purported good cause. If such an extension is sought:
(a)
The permit holder must appear in person before the Board of
Trustees ("Board") to explain in detail the grounds constituting the
purported good cause, and must submit a sworn written statement and
backup documentation to corroborate the purported good cause;
(b)
In connection with any such extension request by the permit
holder, the Board shall impose any conditions it deems necessary and
warranted by an extension of the construction period, including but
not limited to:
[1]
Requiring a further SEQRA review with respect to issues that
may be affected by the requested extension;
[2]
Requiring the payment of a bond to insure completion of the
project by a specified date;
[3]
Requiring the payment of a sum of money (e.g., a fixed sum for
each day of late completion) in order to compensate the Village and
its residents for the additional disruption and administrative/supervisory
work caused by the lengthened period of construction, which sum shall
be paid at a time specified by the Board;
[4]
Requiring that additional workers be utilized on the project;
and
[5]
If the purported good cause is based on alleged financing difficulties,
the permit holder must further demonstrate:
[a]
How the circumstances relating to financing have changed since
the issuance of the initial permit;
[b]
That such circumstances were not caused by the permit holder
and could not have been prevented by the permit holder taking reasonable
available measures; and
[c]
Than an extension of the applicable time period would, with
reasonable certainty, allow elimination of the purported financing
problems and completion of the project.
(4)
There shall be no more than two extensions for good cause of the date set forth in Subsection A(2) above for the completion of a project. Each extension shall be for a period of no more than six months. If an extension for good cause is granted, and for each such extension, the permit holder shall pay a fee for the renewal of the permit in the amount set forth below in § 89-22A(2)(a).
(5)
If the Village Commissioner of Public Services determines that the various stages of a construction project (e.g., demolition, excavation, foundation, enclosure, etc.) are not being completed in a timely manner such as to enable the project to be completed within the time period set forth in Subsection A(2) above, then he may direct the permit holder to appear before the Board to explain the reasons for the delay and to explore methods of facilitating the project so that it is completed in a timely manner. If the permit holder fails or refuses to appear before the Village Board when requested to do so, then the permit holder may not subsequently seek an extension of the completion date of the project for good cause, as otherwise authorized by Subsection A(3) above. If the permit holder does appear before the Board when requested to do so, but fails or refuses to implement the measures recommended by the Board to facilitate timely completion of the project, then such failure or refusal shall be a factor to be considered by the Board if and when the permit holder subsequently seeks an extension for good cause of the time periods set forth in Subsection A(2) above.
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.
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 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 ceilings, walls or partitions of any work for
which a permit is required are covered with 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, wall or partitions shall be covered until
permission to do so has been granted by the Building Inspector.
G.
No foundations or concrete shall be placed unless
and until the Building Inspector is given written notice of the placing
of the same at least 24 hours prior to the time scheduled for its
placement.
H.
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 which is to have a total floor area in
excess of 10,000 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 10,000 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, shall contain
a statement that said engineer or architect has examined the plans
and specifications of the proposed construction and is thoroughly
familiar therewith and shall have his professional seal affixed. In
the event that 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.
The driving of piles shall be supervised by the professional
engineer or registered architect who shall keep a written record of
the drivings and who shall certify to the bearing capacity of each
pile. A copy of said record and the certification shall be filed with
the Building Inspector prior to the placement of pile caps.
D.
During the course of construction, the Building Inspector
may require special tests and certifications with respect to the properties
of structural steel, reinforcing bar steel and concrete and that the
same was erected, installed or placed in accordance with the plans
and specifications.
E.
No certificate of occupancy will be issued for a building
having a total floor area in excess of 10,000 square feet until a
final certificate is filed with the Building Inspector by the engineer
or architect who supervised the construction 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 authority
to revoke permits theretofore issued in the following instances:
A.
Where he finds that there has been any false statements
or misrepresentation as to 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; or
D.
Where the person to whom a permit has been issued
fails or refuses to comply with a stop order issued by the Building
Inspector.
[Amended 7-7-1976 by L.L. No. 7-1976]
Whenever the Building Inspector has reasonable
grounds to believe that work on or in any building or structure has
been or is being prosecuted in violation of the provisions of the
applicable building laws, ordinances or regulations, or not in conformity
with the provision 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 cease use of the building or
structure or any portion thereof and to restore it so that it is in
compliance with the provisions of this article, if the work has been
completed and, if the work has not been completed, then to suspend
all building activities until the stop order has been rescinded. Such
order and notice shall be in writing, which states the conditions
under which the work may be resumed and may be served upon a person
to whom it is directed either by delivering the notice personally
to him or by placing it upon a conspicuous portion of the building
under construction and sending a copy of the same by registered or
certified mail.
[Amended 7-7-1976 by L.L. No. 7-1976]
A.
No building 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 shall be enlarged, extended or so altered,
wholly or in part, as to change its classification as a residential
business or industrial building and no building hereafter altered
for which a certificate of occupancy has 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 the completion of the
alteration unless such certificate shall have been issued.
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 said 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 Village Office a
record of all such examination and inspections, together with a record
of findings of violations of the law.
A.
A certificate of occupancy, a certificate of completion
or a certificate of approval of plumbing or drainage work shall be
issued within a reasonable time after application therefor is made.
B.
A final survey must be submitted before a certificate
of occupancy or a certificate of completion will be issued.
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 period
not exceeding three months each.
Whenever there are reasonable grounds to believe
that any material construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances 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.
The restrictions of Chapter 225, Zoning, with respect to the location of trades and industries, the use and occupancy of buildings, the areas of yards and other open spaces and the height of buildings and structures shall not be deemed to be modified by any provision of this article; and such restrictions shall be controlling except insofar as this article imposes greater restrictions by reason of the type of construction used, in which case the provisions of this article shall control.
[Amended 6-19-1996 by L.L. No. 4-1996]
No oversight or dereliction of duty on the part of the Building Inspector or on the part of any employee of the village shall legalize the erection, construction, alteration, removal of, use or occupancy of a building or plumbing installation, nor shall it legalize any such building or plumbing installation that does not conform with the provisions of an application, plans or specifications, on the basis of which a building permit or plumbing permit was issued, or that does not conform to the applicable provisions of Chapter 225, Zoning.
A.
Amount.
[Amended 4-15-1992 by L.L. No. 2-1992; 2-6-2008 by L.L. No.
1-2008]
(1)
The village shall set a minimum estimated cost-per-square-foot
value for construction, which figure shall be revised from time to
time to reflect current values. As used herein, the "estimated cost"
means the amount of money that would ordinarily be expended for good
safe construction in the erection of the complete building or structure
exclusive of interior decoration.
(2)
The following fees shall be required in connection
with permits authorized to be issued under this article:
(a)
For a permit for a new building or structure, the fee shall
be $300 plus $15 for each $1,000 or fraction thereof of estimated
costs. For a permit for the alteration of a building or structure,
the fee shall be $100 plus $15 for each $1,000 or fraction thereof
of estimated cost. The cost for a renewal or extension of such permits,
when allowed for good cause, shall be $30 per $1,000 of the estimated
cost of uncompleted work.
[Amended 6-6-2018 by L.L.
No. 2-2018; 10-17-2018 by L.L. No. 6-2018]
(b)
For a permit to move a building or structure, the fee shall be $500, plus the cost of a new foundation as calculated under Subsection A(2)(a) above.
(c)
For a permit for the demolition of a building
or structure or part thereof, the fee shall be $500.
(d)
For a permit for a temporary structure, such
as a construction trailer or shanty, the fee shall be $500; for a
renewal of a permit for a temporary structure, the fee shall be $200.
(e)
For a permit for the installation or renovation
of an elevator in, or in connection with, a building or structure,
the fee shall be $400 for each elevator.
(f)
For a permit for the installation of a heating
or heat-producing appliance or equipment or air-conditioning equipment
or generator in, or in connection with a building or structure, the
fee shall be $300 plus 1.5% of the cost of construction and installation.
[Amended 1-6-2021 by L.L.
No. 1-2021]
(g)
For a record search and issuance of a duplicate
copy of a certificate of occupancy or certificate of compliance, the
fee shall be $25.
(h)
For a permit to install any new plumbing or
drainage work in a building or structure, the fee shall be $200 plus
$15 additional for each fixture. To extend or alter any existing plumbing
or drainage work, the fee shall be $100 plus $15 additional for each
fixture.
[Amended 10-17-2018 by L.L. No. 6-2018]
(i)
For a permit to install a sprinkler or standpipe
system in a new or existing building, the fee shall be $300 plus $3
per head.
(j)
For a permit to install a landscape sprinkler
system, the fee shall be $100 plus $5 per head.
(k)
Construction equipment.
[1]
For placing a crane, hoist, lift, concrete,
pump, rubbish container or other construction equipment on a street,
highway or other public property, the fee shall be $150 for the first
day plus $60 per day or part thereof after the first 24 hours. In
addition, a bond in an amount to be set by the Commissioner of Public
Services shall be deposited with the village to ensure proper repair
of street, sidewalks, curbs and shoulders.
[2]
Public utilities shall pay a yearly fee of $500
and a yearly bond as aforementioned.
(l)
For a permit to dig or install a trench, the fee shall be $5
per linear foot.
[Added 1-6-2021 by L.L.
No. 1-2021]
(m)
For a permit to erect or install scaffolding, the fee shall
be $300 for the first two weeks or part thereof, plus $150 thereafter
for each week or part thereof.
[Added 1-6-2021 by L.L.
No. 1-2021]
(n)
For the cost of scanning and electronic filing of building plans
by the Village Department of Buildings, the fee shall be $15 per page.
[Added 1-6-2021 by L.L.
No. 1-2021]
(o)
Each of the permit fees set forth above in this section shall
be doubled for work which required a permit prior to the commencement
of the construction or building-related activity and which was not
timely obtained.
[Added 1-6-2021 by L.L.
No. 1-2021]
(3)
Before any existing building is demolished or removed
to a new location, either on the same lot or any other lot, a permit
for such demolition or removal shall be obtained from the Village
Building Department. When submitting the application for such a permit,
in addition to the application fee specified above, the applicant
shall deliver to the Clerk of the village a policy of liability insurance
or a certificate thereof, in the amount of $500,000/$1,000,000, which
said policy of insurance shall indemnify said village against any
claim for damages arising out of or because of said removal or demolition.
(4)
Except for the fee required for a new building or alteration permit under Subsection A(2)(a) above, the above-specified fees shall be paid in full at the time the permit application is submitted, and no portion of said fee shall be refunded regardless of whether the requested permit is granted or denied.
(5)
With respect to the fee due for a new building or alteration permit under Subsection A(2)(a) above (excluding the renewal of such permits), the specified fee may be paid in 2 installments:
(a)
When the permit application is submitted: 20%.
This portion of the fee shall not be refunded regardless of whether
or not the requested permit is granted or denied.
(b)
If and when the applicant is notified by the
village that the permit application has been approved and that the
permit is ready to be issued: 80%. This second portion of the requisite
fee shall not be required to be paid if the permit application is
denied or withdrawn prior to issuance of the permit. However, if this
second portion of the permit fee has been paid and the permit application
is denied or withdrawn prior to issuance, then the applicant may request
a refund of this second portion of the permit fee.
(6)
No fees paid pursuant to this section shall be refunded
after a permit has been granted for any reason, including but not
limited to abandonment of the project or revocation of the permit
or for willful violation of the provisions of the New York State Uniform
Fire Prevention and Building Code.
B.
Place of filing. All applications, notices and sworn
statements required by this article and copies of the approved plans
shall be kept on file in the office of the Village. Applications shall
be promptly docketed as received. For purposes of identification and
reference, all such papers shall be marked with the block and lot
number of the property to which they apply and of the street and house
number when possible.
C.
Amendments. Nothing in this code shall prohibit the
filing of amendments to any application at any time before the completion
of the work for which permit was sought, and such amendments, after
approval, shall be made a part of the application and be filed as
such. Such amendments shall state the additional cost (if any) involved
and shall be accompanied by the fee required.
D.
Ordinary repairs excepted. Ordinary repairs to buildings,
structures or plumbing and drainage thereof may be made without notice
to the Village Building Inspector, but such repairs shall not be construed
to include the cutting away of any wall or any portion thereof, the
removal or cutting of any beams or supports, or the removal, change
or closing of any stairway or required means of exit, or the alteration
of any house sewer, private sewer or drainage system, or the construction
of any waste pipe.
E.
Compliance with Labor Law. Any application for permit
for the construction or alteration of any building which is required
to conform to the requirements of the New York State Labor Law shall
be accompanied by evidence of approval by the Industrial Commissioner
of the State of New York.
[Amended 6-19-1996 by L.L. No. 4-1996]
In accordance with § 382 of Article
18 of the Executive Law of the State of New York:
A.
Any person having been served with an order of the
Building Inspector pursuant to this article who shall fail to comply
with such order within 30 days after such service or within the time
fixed by the order for compliance, whichever is greater, shall be
punishable by a fine of not more than $500 or 30 days in jail, or
both.
B.
Any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents who shall
knowingly violate any of the applicable provisions of the New York
State Uniform Fire Prevention and Building Code or any lawful order
of the Building Inspector, made pursuant to this article, or any other
provision of this article, shall be punishable by a fine of not more
than $500 or 30 days in jail, or both.
[Amended 7-7-1976 by L.L. No. 7-1976]
C.
Any person who makes a willful false statement to
avoid or reduce the fee that would otherwise be paid pursuant to the
terms of this article shall commit a violation which shall be punishable
by a fine of not more than $250.
[Amended 6-19-1996 by L.L. No. 4-1996]
D.
Except as provided otherwise by law, a violation of
this article shall not be a crime, and the penalty or punishment imposed
therefor shall not be deemed for any purpose a penal or criminal penalty
or punishment and shall not impose any disability upon or affect or
impair the credibility as a witness, or otherwise, of any person convicted
thereof.
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.
[Adopted 2-15-1995 by L.L. No. 1-1995]
The Board of Trustees of the Village of Great
Neck Plaza hereby finds that Local Law No. 16 of 1985, which currently
imposes restrictions on the hours and days of building construction
within the Village of Great Neck Plaza, is not adequate to protect
its citizens against unwarranted disturbances. For this reason, the
Board of Trustees hereby adopts this article.
As used in this article, the following terms
shall have the meanings indicated:
Any building or structure within the village, whether used
for commercial, residential or other purpose.
Any maintenance or construction which, in whole or in part,
is performed outside the four walls of a building.
Any maintenance or construction which is entirely confined
within the four walls of a building.
Includes, but shall not be limited to, maintenance, upkeep,
repair, modification, alteration, excavation, demolition or erection
of a building.
Those hours between 8:00 a.m. and 6:00 p.m. on weekdays and
between 9:00 a.m. and 5:00 p.m. on Saturdays.
Any individual, corporation, partnership or other legal entity.
The Village of Great Neck Plaza.
A.
It is hereby prohibited for any person to engage in
interior maintenance or construction of a building within the village
except during the permitted hours. However, this restriction shall
not apply if the interior maintenance or construction cannot be heard
outside the building.
B.
It is hereby prohibited for any person to engage in
exterior construction or maintenance of a building within the village
except during the permitted hours.
A.
Upon a showing of good cause, the village's Building
Department may issue a special permit authorizing interior or exterior
maintenance or construction at times other than the permitted hours.
Such special permits must be renewed from day to day.
B.
In cases of imminent threat to the public health and
safety, the prohibitions set forth in this article shall not apply.
However, in such cases, an application shall be made to the Village
Building Inspector or his designee for a special permit which shall
impose appropriate terms and conditions and which shall expire after
a specified number of days. Such application shall be made in writing,
in person or by telephone and shall be made immediately after the
need for emergency interior or exterior maintenance or construction
becomes known or as soon thereafter as the Village Building Inspector
or his designee can be contacted.
Each violation of this article shall constitute
a separate offense and, upon conviction, any person violating this
article shall, for each such violation, be subject to a fine of not
more than $250 or imprisonment for not more than 15 days, or by both
such fine and imprisonment.
In the event that the provisions of this article
conflict with the provisions of any ordinance previously adopted by
the Village of Great Neck Plaza, then the provisions of this article
shall govern.
Local Law No. 16 of 1985 is hereby repealed.
