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Village of Asharoken, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Asharoken as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 46.
Zoning — See Ch. 125.
Schedule of fees — See Ch. A127.
[Adopted 4-10-1954 by resolution]
A Building Department is hereby established in the Village of Asharoken to consist of a Superintendent of Buildings, the Village Clerk and, if designated by the Board, such other person or persons as the Board may deem advisable. The Superintendent shall be a person who has had such professional or other experience as the Board may require and shall be appointed for such a term and at such compensation, if any, as may from time to time be fixed by the Board.
[Amended 6-4-1990 by L.L. No. 2-1990]
The Board of Trustees, through and in conjunction with the Building Department, shall have all of the powers set forth in Article 18 of the Executive Law relating to the administration and enforcement of the State Uniform Fire Prevention and Building Code, as well as those hereinafter set forth.
In the absence of the Superintendent of Buildings or in the case of his inability to act, the Village Clerk shall act in his behalf and shall exercise all of the powers herein conferred upon the Superintendent.
[Amended 9-3-1957; 9-4-1972; 6-4-1990 by L.L. No. 2-1990]
A. 
No construction or alteration of any building or part thereof or the excavation therefor shall be hereafter commenced until a building permit has been issued by the Superintendent of Buildings. To obtain such permit the owner or his authorized agent shall file and leave with the Village Clerk the following:
(1) 
An application, executed in four copies, on the form prescribed by the Building Department and containing the information therein requested.
(2) 
Plans and specifications, in four copies, for the proposed construction or alteration.
(a) 
Such plans shall include:
[1] 
Foundation plans.
[2] 
All floor plans.
[3] 
All elevations.
[4] 
The section showing the riser diagram for plumbing and means and location of sewage disposal.
[5] 
Structural details.
(b) 
All plans and specifications shall be stamped with the seal of a licensed architect or professional engineer to the extent required by the Education Law of the State of New York.
(3) 
A plat, in four copies, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building or part thereof to be erected and the location of the building on the lot with distances from boundaries and from any other building on the lot.
(4) 
Such other information or documents, including the results of material, construction, equipment or assembly tests, as may reasonably be required by the Building Department to establish compliance of the proposed work with the requirements of the State Uniform Fire Prevention and Building Code and all Village ordinances and regulations.
(5) 
Fees.
[Amended 2-6-1995 by L.L. No. 1-1995]
(a) 
A fee based on the estimated value of the construction or alteration, to be determined by the Superintendent of Buildings as follows:
Total Value of Work
Fee
Up to and including $1,000.00
$100.00
For each additional $1,000.00 or fraction exceeding $1,000.00
20.00
For each amendment
100.00
(b) 
Additional fee for construction or alteration without a permit. The total fees for construction and alteration or the filing of the applications for the same, done at any time prior to the issuance of the appropriate permit and/or certificate, shall be three times the amount established above.
(c) 
All building permit application fees for the construction of solar panels on residential buildings shall be waived.
[Added 10-1-2007 by L.L. No. 2-2007]
(6) 
Proof of Department of Environmental Conservation, Department of Health and any other required approvals.
B. 
In addition, the Superintendent of Buildings may require, in his discretion, satisfactory assurance, by surety bond, cash deposit or otherwise, that a final survey prepared by a licensed surveyor showing the information specified in Subsection A(3) hereof will be furnished before the granting of a certificate of occupancy to the owner.
C. 
The applicant is required to sign the permit when it is issued.
[Added 2-6-1995 by L.L. No. 1-1995]
It shall be unlawful to remove, demolish or commence removal or demolition of 50% or more of a building or structure without first filing with the Superintendent of Buildings an application for a demolition permit, in writing, and obtaining a formal permit.
A. 
An application to demolish shall be executed in four copies on the form prescribed by the Building Department and shall give the full names and addresses of the owner, the applicant and the person who is to do the work and the lot number, street number or description of the property. A survey in quadruplicate shall accompany the application, clearly identifying the building or structures to be removed and/or demolished.
B. 
The work of demolition must be completed within four months after the permit is issued. All debris must be cleared up and the cellar hole filled in within one foot of grade.
C. 
A fee in the amount of $250 shall be required for the demolition of each structure.
[Added 2-6-1995 by L.L. No. 1-1995[1]]
The building and/or demolition permit 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.
[1]
Editor's Note: This local law also provided for the renumbering of former §§ 42-5 through 42-15 as §§ 42-7 through 42-17, respectively.
[Amended 1-4-1988 by L.L. No. 1-1983; 6-4-1990 by L.L. No. 2-1990]
The Superintendent of Buildings shall approve the application and issue a building permit to the applicant if the Superintendent determines that the proposed work as described in the application and other documents submitted conforms to the State Uniform Fire Prevention and Building Code and all village ordinances and regulations and if the required fees have been paid. In making such determination and in the event that he finds that the proposed construction is susceptible of a use other than as permitted under applicable provisions of law, the Superintendent of Buildings may require the owner of the premises to execute and record a covenant, in form acceptable to the Village Attorney, regarding the use or uses to which the proposed structure may be put and may expressly condition the validity of any building permit on receipt of proof of recordation of such covenant; and receipt of such proof shall be a prerequisite to the issuance of a certificate of occupancy as hereinafter provided. If the application is not approved and no construction has been commenced, all plans and specifications shall be returned to the applicant, together with 50% of the fees paid. The applicant should file all papers with the Village Clerk not later than two weeks prior to the regular monthly meeting of the Board of Trustees in order that his application may be discussed at such meeting.
[Added 6-4-1990 by L.L. No. 2-1990]
The Superintendent of Buildings may make inspections at any time during the course of the work in order to ensure that the requirements of the State Uniform Fire Prevention and Building Code are complied with.
[Amended 1-4-1988 by L.L. No. 1-1988]
A building permit shall be effective to authorize the commencing of work in accordance with the application and other documents submitted only for a period of one year after the date of issuance. A building permit may be renewed for an additional second-year period upon the payment of 1/2 the fee that had been paid at the issuance of the building permit, provided that the applicant has commenced substantial construction and/or alteration of the subject premises during the period provided hereinabove. Said permit can be further extended for an additional third-year period upon the payment of 1/2 of the fee that had been paid at the issuance of the building permit. At the expiration of three years from the original date of issuance of the permit, said building permit shall expire and become null and void.
No building hereafter erected shall be used or occupied in whole or in part, and no building hereafter altered shall continue to be used or occupied for more than 30 days after the completion of such alteration, until a certificate of occupancy shall have been issued therefor; provided, however, that the Superintendent of Buildings may, at the request of the applicant, issue a temporary certificate of occupancy for such time as the Superintendent may prescribe if such temporary occupancy or use will not in any way jeopardize life or property.
A. 
Upon completion of the work, a final inspection thereof shall be made by the Superintendent of Buildings. The Superintendent may require the architect, engineer or superintendent of the work to file with the Department an affidavit of compliance of the work with the approved plans and specifications and with the State Uniform Fire Prevention and Building Code and all village ordinances and regulations. If required by the Superintendent, the applicant shall cause to be made a survey satisfactory to the Superintendent showing the location of the building or part thereof erected on the lot.
[Amended 6-4-1990 by L.L. No. 2-1990]
B. 
If it is determined by the Superintendent that the work has been completed in accordance with the approved plans and specifications and with such code and ordinances, the Superintendent shall issue a certificate of occupancy. If it is found that the work has not been properly completed, the Superintendent shall withhold the certificate of occupancy and shall order the work so completed.
[Added 2-6-1984 by L.L. No. 2-1984]
A. 
Change of occupancy/use. In the case of the change of the nature of occupancy or of use in any building, existing or to be erected, the owner or lessee must notify the Superintendent of Buildings before the proposed change is made. The Superintendent of Buildings shall thereupon cause an inspection to be made of the premises, and a certificate shall be issued for such use. No new certificate shall be issued, nor shall the building be occupied or used, unless it conforms or is made to conform to all requirements for strength of floors to carry the proposed loads, for means of egress, for light and air and for all other safety requirements of this Code. In an existing building, no change of occupancy shall be made that would bring it under some special provision of law, ordinance or regulation, unless the Superintendent of Buildings finds, upon inspection, that such building conforms to the provisions of law with respect to the proposed new occupancy and use and issues a certificate of occupancy/use therefor.
B. 
Notwithstanding the foregoing, in the event of change in the nature of use of any building or premises and prior thereto, the owner thereof must notify the Superintendent of Buildings, who may require the providing of such proof as he deems necessary for him to determine the legality of the proposed use. No such change in use shall be effected nor building or premises used or occupied unless an appropriate certificate of occupancy/use has been issued therefor. No such certificate of occupancy/use shall be issued unless the Superintendent of Buildings shall determine that the proposed use conforms in all respects to applicable laws and regulations, including without limitation the Zoning Ordinance of the Village of Asharoken.[1]
[1]
Editor's Note: See Ch. 125, Zoning.
[Added 2-2-1998 by L.L. No. 2-1998]
In the event that the village receives notice of a violation of this article or any part thereof or a violation of Chapter 125 of the Village Code, the New York State Uniform Fire Prevention and Building Code, the New York State Department of Environmental Conservation Rules and Regulations and/or the Federal Emergency Management Agency Rules and Regulations, the Building Inspector may, at his discretion, issue an order to remedy said violation to the property owner. Such order shall be served either personally or by certified mail, return receipt requested, and shall advise the property owner of the section of the Village Code allegedly violated. It shall further direct the property owner to remedy the condition within 30 days of the receipt of the order. Failure to remedy the condition will result in issuance of a violation pursuant to § 42-13.1 of the Code.
[Amended 3-3-1980 by L.L. No. 1-1980; 6-4-1990 by L.L. No. 2-1990; 2-2-1998 by L.L. No. 2-1998]
Notwithstanding § 42-13, any violation of this article or any part thereof or any lawful order of the Superintendent of Buildings shall be punishable by a fine of not exceeding $250 for each offense. Each day that a violation continues shall be deemed a separate offense. This section shall not apply to violations of the provisions of the State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law.
[1]
Editor's Note: Original Sections 9 and 10, dealing with hazardous buildings and which immediately preceded this section, were deleted 6-4-1990 by L.L. No. 2-1990. See now Ch. 46, Buildings, Unsafe.
Appropriate actions and proceeding may be taken at law or in equity to prevent unlawful construction or alteration or to restrain, correct, abate or remove such violation or to prevent illegal occupancy of a building, structure or premises; and these remedies shall be in addition to the penalties prescribed in the preceding section.
[Amended 6-4-1990 by L.L. No. 2-1990]
This article shall apply to all buildings and the construction and alteration thereof which are within the scope of the State Uniform Fire Prevention and Building Code.
[Amended 6-4-1990 by L.L. No. 2-1990]
The definitions contained in the State Uniform Fire Prevention and Building Code shall apply to words used in this article.
[Adopted 9-4-1961 by resolution]
The village hereby assumes full responsibility for enforcing the provisions of Article 17 of the Labor Law and the rules adopted thereunder.