Village of Flower Hill, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, Art. II.
Unsafe buildings — See Ch. 92.
Landmarks preservation — See Ch. 143.
Zoning — See Ch. 240.
Fees, charges and deposits — See Ch. A243.
[Adopted 1-6-1976 as Art. I of Ch. 8 of the 1976 Code]

§ 85-1 Administration and enforcement of the New York State Uniform Fire Prevention and Building Code.

[Amended 11-10-1999 by L.L. No. 3-1999; 10-5-2006 by L.L. No. 3-2006]
The Village of Flower Hill hereby adopts the standards of the New York State Fire Prevention and Building Code (Uniform Code) in accordance with the provisions of § 381 of the New York Executive Law.
A. 
Building permits required. Except as otherwise provided in Subsection B hereof, a building permit shall be required for any work that must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained the same from the Village.
B. 
Exemptions. No building permit shall be required for work in any of the following categories:
(1) 
Painting, wallpapering, tiling, carpeting, or other similar finish work.
(2) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances.
(3) 
Repairs, provided that the same do not involve:
(a) 
The removal or cutting away of a load-bearing wall, partition, or portion thereof or of any structural beam or load-bearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner that affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire protection system for any period of time.
C. 
The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B hereof shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

§ 85-2 Filing of certified copies.

[Amended 11-10-1999 by L.L. No. 3-1999]
The Village Clerk or Village Clerk-Treasurer be and is hereby instructed to file a certified copy of this article in the principal office of the State Fire Prevention and Building Code Council and in the office of the Secretary of State at Albany, New York.
[Adopted 1-6-1976 as Art. II of Ch. 8 of the 1976 Code]

§ 85-3 General provisions.

A. 
No building or structure or part thereof shall hereafter be moved, erected, constructed, reconstructed, demolished, extended or altered unless it is in conformity with the provisions herein contained.
B. 
A building damaged by fire or other casualty to an extent less than 1/2 of the reproduction cost of said building, exclusive of foundations, may be repaired or restored so as to conform to its original condition, plan, construction or use, or may be reconstructed in any of its parts, as the Board of Trustees may specify in the permit. However, new elevator, plumbing, HVAC or electrical equipment shall conform to the provisions of this article.
[Amended 11-6-2000 by L.L. No. 3-2000]
C. 
All changes to natural grade made by either filling or cutting shall require a building permit application and proper engineering drawings.
[Added 6-7-2004 by L.L. No. 12-2004]
D. 
At any site within the Village undergoing any construction, alteration, renovation, or demolition, with an open excavation or uncapped foundation greater than two feet, or where the structure situate thereon is unoccupied and contains any unsecured or open portal, a continuous perimeter, temporary chain-link fence no less than five feet nor greater than six feet in height shall be installed and maintained, which fence shall have an access gate that is to be locked when the premises is unoccupied or the site is vacant. The aforesaid fence shall be maintained in sound condition until construction, alteration, renovation, or demolition is completed or the unoccupied structure is completely enclosed and secure and any excavated areas are restored to grade. All building materials, dumpsters, storage containers, waste containers, portable toilets, and construction equipment or vehicles shall be contained within the secure area.
[Added 12-4-2006 by L.L. No. 6-2006]
E. 
Any premises holding a building or miscellaneous permit for construction, alteration, renovation, or demolition shall be maintained in a safe and sanitary manner, including, but not limited to, maintenance of grass height and shrub growth, as provided in this Code. Solid waste, litter and construction debris shall be contained within the fenced area and shall not, whenever practicable, be in view of the public, and shall be removed on a daily basis. All portable toilets shall be located in rear yards whenever possible and, if located in a front or side yard due to construction constraints, shall be removed to the rear yard as soon as possible. No portable toilet shall be located within 15 feet of the roadway nor 10 feet of the side or rear property lines. Portable toilets must be located inside the enclosed perimeter fence on the property.
[Added 12-4-2006 by L.L. No. 7-2006]
F. 
A permit shall be required for any storage container intended for the purpose of temporarily storing or keeping household goods or property outside of the primary structure. The container shall not exceed 120 square feet in size nor be greater than eight feet in height. No such container shall be located upon the property unless a valid permit shall have previously been issued. No container shall be located less than 15 feet from the roadway nor less than 10 feet from a side or rear property line. Storage container permits shall expire six months after issuance; renewals shall be made prior to expiration. The Board of Trustees shall establish the permit fee for any such container by resolution.
[Added 12-4-2006 by L.L. No. 8-2006]
G. 
Portable toilets.
[Added 8-3-2015 by L.L. No. 4-2015]
(1) 
If permanent toilet facilities are not available on the premises, then a sufficient number of portable toilets shall be provided for the use of construction workers.
(2) 
Location of portable toilets. Whenever one or more portable toilets are to be placed upon a construction site, they shall be located on the construction site and not on a street or public right-of-way and they shall be located a minimum of 15 feet from all curblines and at such locations so as to minimize adverse aesthetic conditions, and the doors thereof shall not face any street or any adjacent properties. The location of the portable toilet is to be shown on the construction site plan.
(3) 
Servicing. Portable toilets located upon construction sites shall be serviced at regular intervals so as to prevent overloading, the escape of materials contained therein and so as to prevent obnoxious odors or nuisances of any type escaping therefrom. Servicing shall only be done during those hours where construction within the Village is permitted.
(4) 
Portable toilets to be locked after hours. All portable toilets located upon construction sites must be locked and secured during hours where construction within the Village is not permitted and during such periods of time when no representative of the construction permittee or demolition permittee, as the case may be, is present at the construction site. If the portable toilet is located within a locked construction fence during the hours where construction is not permitted, then an additional lock on the toilet is not required.

§ 85-4 Application for permit. [1]

A. 
Before commencing to move, demolish, erect, construct, alter or add to any building, or to make substantial additions to or changes in the plumbing, heating, elevator or electrical equipment of any building, the owner, lessee, architect or builder or the agent of any one of them shall secure, from the Board of Trustees or from such person as the Board of Trustees may designate, a permit for the complete operation in question. Application for such permit shall be made in duplicate on forms to be furnished by the Village Clerk. Whenever any proposed operation includes any demolition, such fact shall be expressly stated.
[Amended 11-6-2000 by L.L. No. 3-2000]
B. 
Such application shall be in the form prescribed by the Board of Trustees and shall be accompanied by duplicate sets of drawings to accurate scale. Also, any additional detailed drawings or other information required by the Board of Trustees shall also be furnished in duplicate. The statement of specifications or drawings shall give the location of the proposed operation, live floor loads for which each floor is designed, kinds of occupancies, number of families or occupants and all necessary information with an original reference to existing constructions, and shall include current property survey, in duplicate, giving the location and dimensions of the lot on which it is proposed to construct; the location of the proposed building or buildings, structure or structures, and the locations of any existing buildings or structures which are to remain. Such survey shall have been dated within six months of date of filing.
[Amended 11-10-1999 by L.L. No. 3-1999]
C. 
The application for a permit shall give the following information:
(1) 
The names and addresses of the applicant, the architect and the builder.
(2) 
The full name and address of the owner of the property.
(3) 
The estimated cost of the undertaking.
D. 
All facts in the application shall be subject to affirmation under oath.
E. 
If, in the judgment of the Board of Trustees, the estimated cost is manifestly incorrect, the Board of Trustees may, itself, estimate or may employ others to estimate the cost of the work, and the expense of such estimate shall be paid by the applicant. Any application may be amended or corrected, and must be amended if any major change is made in plans or specifications; but no major modifications in the actual work may be made until after such amendment of application and the permit has been amended or a new permit issued.
F. 
Where the application indicates a change in the topography of a plot, the Building Inspector may require a topographical survey to accompany the plans filed. This survey shall indicate existing and proposed revisions, grades, proposed floor levels and other pertinent data as the Building Inspector may request.
[Amended 11-6-2000 by L.L. No. 3-2000][2]
[2]
Editor's Note: Former Subsection G, regarding cellarless houses, which immediately followed this subsection, was deleted 11-10-1999 by L.L. No. 3-1999.
G. 
The approval of plans with particular reference to the size and depth of foundation walls is subject to the grade and soil conditions of the building site. Upon inspection thereof the Building Inspector at his discretion may require additional information or work to be done to ensure the safety of the structure.
H. 
No application is required and no permit shall be necessary in the case of ordinary minor repairs; but such repairs shall not include any alterations, the cutting away or removal of any bearing wall, the removal or cutting away of any beam or support, any change in or closure of any stairway or exit, the construction or alteration of any part of the elevator equipment or of the plumbing system or of the electric wiring, or any change in the heating apparatus of any building.
I. 
Where the application indicates a probable change in landscaping or the existing vegetation, the Building Inspector shall require a landscaping plan to be filed with the application.
[Added 11-6-2000 by L.L. No. 3-2000]
J. 
Any application for a permit in a commercial district shall be accompanied by a site plan.
[Added 11-6-2000 by L.L. No. 3-2000]
K. 
Additional requirements for demolition permits. In addition to all other requirements pertaining to the issuance of permits, any application for a demolition permit shall include a site development plan. Approval of the site development plan by the Board of Trustees is a prerequisite to the issuance of a demolition permit.
[Added 10-5-2009 by L.L. No. 18-2009]
[1]
Editor's Note: For provisions relating to fees and charges and deposits to be paid for permits and licenses, see Ch. A243, Fees, Charges and Deposits.

§ 85-5 Issuance of permit.

A. 
Copies of all approved plans and specifications shall be kept on file by the Board of Trustees, and one set of officially stamped copies shall be returned to the applicant upon issuance of the permit.
B. 
Conditions for issuance.
[Amended 11-6-2000 by L.L. No. 3-2000; 4-1-2001 by L.L. No. 3-2001]
(1) 
The Board of Trustees shall direct the Building Inspector to issue a written permit for the prosecution of the work, after determining that the plans and specifications and the prospective uses comply with the requirements of this article, the provisions of Chapter 240, Zoning, and with applicable state law, and that any retained, existing construction is in good and safe condition.
(2) 
Notwithstanding the foregoing, the Building Inspector shall not issue any building permit for any alteration, construction, renovation or addition of any nonresidential structure unless the Board of Trustees shall have first approved a site plan for the entire property on which such alteration, construction, renovation or addition is proposed. In approving any such site plan, the Board of Trustees may impose reasonable conditions as are directly related to and incidental to the proposed development and use of the site. Such conditions may include, without limitation, provisions with respect to location of buildings and structures, location of drainage facilities, site layout or design, hours and methods of operation, mitigation or elimination of any adverse impact upon the community, the environment or neighboring properties, the regulation of traffic entering, leaving or within the site, and the like.
C. 
A conditional permit may be issued after the examination of general plans and the statement of specifications pending receipt of further detailed information required by the Board of Trustees.
D. 
During the progress of the construction, a set of plans and the statement of specifications bearing the certification stamp or signature of the Building Inspector shall be available for inspection at all times. All work shall be performed in strict compliance with such plans and specifications, and in accordance with the building permit. A permit card shall be maintained in a location visible from the street.
[Amended 11-10-1999 by L.L. No. 3-1999; 11-6-2000 by L.L. No. 3-2000]
E. 
The provisions of this article shall not apply to any building for which a permit has been heretofore issued, provided that work on such building shall be begun within 30 days from the time of passage of this article, and provided further that such work shall be completed in its entirety within one year from such time of passage.
[Amended 11-10-1999 by L.L. No. 3-1999]
F. 
Every building permit shall expire one year after its issuance, except that 1) if no work is conducted for any consecutive period of 30 days, the building permit shall expire by limitation, and, in any event, 2) unless actual construction is begun within six months of the date of issuance of any building permit, such building permit, shall expire by limitation. For good cause shown, the Board of Trustees may extend the expiration of a building permit for a period not to exceed six months so long as a request for an extension is received prior to the expiration of the original building permit. Such request for an extension shall be accompanied by an additional fee equivalent to 25% of the original building permit fee. Should the Board find good cause for an extension, the extension shall be for an additional period of six months. A request for a second extension may be made prior to the expiration of the existing building permit and shall be accompanied by an additional fee of 50% of the original building permit application fee. Should the Board find good cause for a second extension, the additional extension shall be for a period not to exceed three months and shall require the applicant to post a cash bond equivalent to the cost of the work as determined by the Village Building Inspector. If a building permit expires and no application for an extension has been received, the building permit shall then be deemed void. Under no circumstances shall more than two extensions be granted. If work does not commence within six months from the issuance of a building permit and the applicant requests in writing that the building permit be withdrawn prior to the end of the six-month period, then 50% of the building permit application fee shall be reimbursed to the applicant. No building permit application fees, or portion thereof, shall be reimbursed to the applicant upon the expiration of a building permit by limitation.
[Amended 11-10-1999 by L.L. No. 3-1999; 11-6-2000 by L.L. No. 3-2000; 3-2-2009 by L.L. No. 2-2009]
G. 
A permit may be revoked because of any false statement or misrepresentation of material fact in the application. Notice of the revoking of a permit shall be deemed to be duly given by service upon a responsible individual in charge at the premises or by mailing to the post office address of the party to whom the permit was issued. It shall be unlawful to proceed with any building work after the revocation of a permit.
H. 
Upon the expiration or revocation of a building permit, and where a new or extended permit is not obtained for completion of the construction permitted thereunder, it shall constitute a violation of this Code for the unfinished structure or any incomplete construction to remain extant on the property in such condition, and the owner or person in charge of such property, or both, shall be subject to the imposition of penalties, civil or criminal, or both, for the failure to restore the site forthwith to the condition that existed prior to commencement of the construction. Such restoration may, in the discretion of the Board, require the issuance of a permit therefor. In addition to any other penalties permitted by law, the revocation of any existing certificates of occupancy may be imposed.
[Added 9-2-1992 by L.L. No. 9-1992]
I. 
A stop-work order may be issued by the Building Inspector where construction or demolition work at a site is in violation of the Code or of a permit issued under the Code. The failure to obey a stop-work order shall be a violation of this Code. In addition to any other penalties that may be imposed for such violation, any and all permits issued at the site pursuant to this chapter may be revoked. Upon the revocation of a permit pursuant to this section, all fees paid thereon shall be forfeit.
[Added 11-6-2000 by L.L. No. 3-2000]
J. 
Recognizing the ongoing nature of construction at St. Francis Hospital, every permit issued in connection with the St. Francis Hospital in the Hospital Zoning District shall expire by limitation unless the Board of Trustees grants a further six-month extension or extensions. Notwithstanding any other provision to the contrary, there shall be an administrative cost fee in an amount determined by resolution of the Board of Trustees to be paid by or on behalf of the hospital to the Village relative to the above described six-month extension. Any further extension or extensions may be granted by resolution of the Board of Trustees with any further administrative cost fees similarly assessed by resolution of the Board of Trustees.
[Added 3-7-2005 by L.L. No. 1-2005; amended 10-15-2009 by L.L. No. 19-2009; 2-7-2011 by L.L. No. 1-2011]
K. 
Upon work being discontinued on a site for 60 or more consecutive days, any building permits issued for the work shall be deemed to have expired. Upon work being discontinued for 90 or more consecutive days, any construction bond shall be forfeit.
[Added 12-7-2009 by L.L. No. 22-2009]

§ 85-6 Certificate of occupancy.

A. 
No building hereafter constructed, extended, reconstructed or altered shall be occupied until a certificate of occupancy shall have been issued by the Board of Trustees, except that any building occupied during alteration may continue to be occupied in accordance with the provisions of this article for 30 days succeeding the completion of such alteration. A certificate of occupancy shall certify that the building involved conforms to the requirements of this article, for the proposed occupancy, which shall be stated in the certificate. Such certification shall apply, among other matters, to character of construction, number of stories, purposes for which the building may or may not be used, the permissible live loads of the several floors and the permissible number of occupants of each story. Such a certificate shall be issued by the Board of Trustees within 10 days of the date of application therefor, if the building was entitled to such certificate at the time the application was made.
B. 
A temporary certificate of occupancy may be issued for a part of a building in advance of the completion of the whole, at the discretion of the Board of Trustees, provided that such occupancy in no way jeopardizes life or property. A survey, made by a duly licensed surveyor, showing the location of all structures, a diagram showing the location of underground cesspools, tanks and other subsurface structures, electrical certificate, statement of final cost and photos of all facades shall be filed with the Building Inspector before the final certificate of occupancy shall issue.
[Amended 11-10-1999 by L.L. No. 3-1999; 11-6-2000 by L.L. No. 3-2000][1]
[1]
Editor's Note: Former § 85-7, Certificate of existing use, added 11-10-1999 by L.L. No. 3-1999, which immediately followed this section, was deleted 11-6-2000 by L.L. No. 3-2000.

§ 85-7 Change of occupancy.

No change in nature of occupancy shall be made unless such change is authorized under the provisions of this article and is covered by the certificate of occupancy.

§ 85-8 Alterations and removals.

Any building to be demolished shall be taken down story by story. No materials shall be placed on any floor during demolition that would render it unsafe, but all shall be at once lowered to the ground.

§ 85-9 Enforcement.

A. 
The provisions of this article shall be enforced, and all building operations shall be observed by the Board of Trustees or Building Inspector or such other person as the Board of Trustees may designate. The Board of Trustees or its representative shall keep records of his acts and decisions and shall cause to be filed with the Village Clerk or Village Clerk-Treasurer, monthly, a detailed statement in writing of buildings erected or altered during the month preceding; of permits issued and of the estimated cost of work covered by such permits; of inspections made, violations found and actions taken with respect to such violations; and of certificates of occupancy issued. Dereliction of the Board of Trustees or the Inspector, in his duties, shall not legalize any violation of the provisions of this article.
B. 
The Building Inspector is authorized to issue and serve appearance tickets in the manner provided in the Criminal Procedure Law for violations of this article.
[Added 3-4-1985 by L.L. No. 1-1985]

§ 85-10 Right of entry.

[Amended 11-6-2000 by L.L. No. 3-2000]
The Building Inspector may request admittance, at a reasonable time and upon due notice to an occupant or an owner, onto any property or into any structure in the Village where he has reasonable grounds to suspect that a violation or unsafe condition exists, and the refusal, failure or neglect to admit him shall constitute a violation of this Code. At any site at which a building permit has been issued, the Building Inspector shall have the right to enter and inspect the work at a reasonable hour, without notice, and the refusal, failure or neglect to admit him shall constitute a violation of this Code, and shall be grounds for the cancellation of this building permit.

§ 85-11 Approval of materials and construction.

The Board of Trustees shall have authority to order, conduct or accept tests for any building materials or construction and to prescribe the procedure for the approval of new materials or construction not covered in this article. Such procedure shall include due public notice and listing and placing on file of all orders and regulations.[1]
[1]
Editor's Note: Former § 85-12, Demolition of dangerous structures, which immediately followed this section, was deleted 11-6-2000 by L.L. No. 3-2000. See now Chapter 92, Unsafe Buildings.

§ 85-11.1 Use of synthetic stucco prohibited.

[Added 7-6-2009 by L.L. No. 12-2009]
Notwithstanding any of the foregoing, the use of synthetic stucco for residential construction projects is prohibited.

§ 85-12 Penalties for offenses.

A. 
Any person committing an offense against any provision of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties, of the Code of the Village of Flower Hill.
B. 
Notice of the violation of any of the provisions of this article shall be given in writing to the owner or his agent, either by delivering the same to him personally or mailing the same by registered mail to his last known post office address; and if such owner cannot be served with reasonable diligence or if his post office address cannot be ascertained, then notice shall be given by posting such notice of violation in a conspicuous place on the premises where such alleged violation has occurred. In either event a copy of the notice of the violation shall be filed in the office of the Village Clerk or Village Clerk-Treasurer.
C. 
In addition to any right or remedy granted the Building Inspector by this article, he may in his discretion, through the Village Attorney, institute any appropriate action or proceeding at law or in equity to restrain, correct or remove such violation or the execution of any work thereon or to restrain or correct the erection or alteration of or to require the removal of or to prevent the occupation or use of the building or structure erected, constructed or altered in violation of or not in compliance with any of the provisions of this article.
D. 
In addition to any of the above penalties, the fee to legalize existing construction shall be 2% of the cost of construction based upon prevailing current rates in effect at the time of application as determined by the Building Inspector, with an additional imposed penalty of three times the application fee.
[Added 8-3-2009 by L.L. No. 13-2009[1]]
[1]
Editor's Note: This local law also provided that it would take effect six months from passage, thereby providing for an amnesty period.

§ 85-13 Board of Appeals.

[Amended 11-6-2000 by L.L. No. 3-2000]
Any applicant for a permit or any owner, lessee, architect or builder or agent thereof who may be conducting a building operation shall have the right of appeal to the Board of Appeals from any decision or act of the Inspector, provided that such appeal is filed within 60 days of the rendering of such opinion or the commission of such act.

§ 85-14 Expiration of permit.

[Added 5-4-2009 by L.L. No. 6-2009]
Any permit granted under this Code for which there is no other expiration period specifically otherwise set shall expire three months from the day upon which it was granted.

§ 85-15 Bond or deposit.

[Added 12-7-2009 by L.L. No. 25-2009]
A. 
A surety bond or deposit in the sum set forth in Chapter A243, Fees, Charges, and Deposits, shall be posted to each applicant to guarantee the reimbursement to the Village for any damages sustained to its highways or other property arising out of any construction project under this chapter. The bond or deposit amount shall be established by resolution of the Board of Trustees and may be changed from time to time as the Board deems necessary.
B. 
For the purposes of this section, the completion of construction shall be a reimbursable event.
[Added 5-3-2010 by L.L. No. 7-2010]