[Amended 3-8-1999 by L.L. No. 3-1999]
Before the construction, alteration or removal
of any building, wall or structure or any part thereof and before
the construction or alteration of the plumbing or drainage of any
building, structure or premises is commenced, the owner or lessee,
or agent of either, or the architect or builder employed by such owner
or lessee in connection with the proposed construction or alteration
shall submit to the Building Inspector a detailed statement in triplicate
of the specifications, on appropriate blanks to be furnished to applicants
by said officer, and such plans and structural detailed drawings of
the proposed work as said officer may require. Such statement, constituting
an application for a permit to perform such work, shall be accompanied
by a further statement in writing, sworn to before a person authorized
to administer oaths, giving the full name and residence of each owner
of said building or proposed building, structure or proposed structure
and, by a diagram of the lot or plot upon which such work is to be
performed, showing the established grade of the street, if any, and
the exact location of any proposed new construction and all existing
buildings or structures that are to remain. A building permit shall
be required for the construction of handicapped ramps within the Incorporated
Village of Massapequa Park, but no fee shall be required by the applicant
to the village for said building permit.
If construction, alteration or removal of a
building or structure or part thereof, plumbing or drainage installation
or alteration is to be made or executed by any person other than the
owner of the land in fee, the person intending to perform such work
shall, either as owner, lessee or in his representative capacity,
accompany the application to perform such work with a statement in
writing, sworn to before a person authorized to administer oaths,
giving the full name and residence of each of the owners of the land,
building or structure or part thereof and reciting that he is duly
authorized to perform said work. Such statement may be made by the
agent or architect of the person required to make the same.
Every permit issued by the Building Inspector
under the provisions of this code shall have his signature affixed
thereto, but this shall not prevent the Board of Trustees of the village
from designating a person who may sign such permit.
[Amended 1-7-1991 by L.L. No. 1-1991]
Nothing in this code shall be constructed to
prevent the Building Inspector from approving and issuing a permit
for the construction of part of a building or structure, when preliminary
plans and detailed statements have been presented for the same, before
the entire plans and detailed statements of said building or structure
have been submitted or approved.
A.
Before any existing building or part thereof is demolished,
a statement in writing, on appropriate blanks to be furnished by the
Building Inspector, constituting a permit to demolish, shall be submitted
to said officer by the owner or person authorized by the owner, giving
the full name and residence of each of the owners of the building
to be demolished, the name and business address of the person who
is to do the work and such other information respecting the proposed
demolition as shall be required by said officer.
B.
The demolition permit shall provide that all work
shall be completed within three months. Such time limit may be extended
by the Building Inspector for one additional period not exceeding
three months. No further extension of time shall be granted without
the approval of the Board of Trustees.
[Added 8-29-1977 by L.L. No. 8-1977]
C.
Each application for a permit to demolish shall be accompanied by a surety bond as set forth in § 154-18 and a consent signed by the owner of the subject property, granting permission to the village to enter upon the property which is the subject of the application to complete the demolition and related work if the applicant fails to complete such work within the time provided.
[Added 8-29-1977 by L.L. No. 8-1977]
A.
Any permit issued under the provisions of this code,
but under which no work is commenced within six months from the time
of issuance, shall expire for nonuse.
A.
A surety bond in the amount of a minimum of $500 or
a cash deposit in that amount for one dwelling, or, in the case of
a building operation, a bond not exceeding 10% of the estimated cost
of the work shall be furnished with each application for each main
structure covered in a building permit for new construction. The bond
shall be retained by the village until the proposed structure or structures
are completed and certificates of occupancy issued. In the event that
the structure or structures are not completed by the applicant, the
bond shall be used to defray the expense of removing the incomplete
structure or structures and filling excavations. The salvaged material
shall thereupon become the property of the village. If any work is
done by the village to the applicant's premises to make them conform
to the requirements of this chapter, no money shall be refunded from
said bond. If proposed construction is abandoned, the village shall
refund the deposit or cancel the bond if the applicant restores the
property to its original condition to the satisfaction of the Village
Board of Trustees or its authorized representative. A structure shall
be considered abandoned when a certificate of occupancy has not been
issued and no work has been done thereon for a period of one year.
In all cases, all work shall be completed under a building permit
issued within two years of issuance.
[Amended 1-7-1991 by L.L. No. 1-1991]
B.
A building permit which remains open after the two-year
expiration date must be renewed with the Building Department for a
fee of $250 and accompany a renewal application. The $250 fee may
be deducted from the bond held by the Village or paid separately.
The renewal of a building permit will carry a one-time three-month
extension. Failure to comply with this provision will result in a
summons. For building permits issued prior to the effective date of
this subsection, a three-month grace period will be permitted, at
the end of which time a three-month extension will be granted provided
an application for renewal is filed with a fee of $250. Failure to
comply with this provision will result in a summons.
[Added 4-16-2007 by L.L. No. 5-2007[1]]
[1]
Editor's Note: This local law also redesignated
former Subsection B as Subsection C.
C.
A surety bond, in form and amount to be determined by the Building Inspector, shall be filed with each application for a permit to demolish. The bond shall be in sufficient amount to defray the expense of completing the demolition to one foot below the grade of surrounding ground level and the removal of demolished buildings, walls or other structures and the repairing of possible damage by virtue of such demolition to streets, curbs and sidewalks. The bond shall also be in sufficient amount to defray the expense of such filling, grading and seeding as may be required in the discretion of the Building Inspector in such demolition permit. No sum shall be deducted from the amount of such bond for salvage. The bond shall be retained by the village until the proposed demolition and all related work required by the Building Inspector is completed. In the event that the demolition and related work is not completed within the time limit set forth in said permit, as it may be extended pursuant to § 154-16B, the Board of Trustees may cause so much of such demolition work to be completed as it deems necessary and shall use the proceeds from the surety bond posted by the applicant to defray the expenses thereof. If the proposed demolition is abandoned and the applicant restores the property and the remaining buildings, walls and other structures thereon to the satisfaction of the Board of Trustees, the village shall cancel the bond.
[Added 8-29-1977 by L.L. No. 8-1977]
An applicant for a permit hereunder shall not
in any way hinder the village from backfilling foundations or removing
abandoned structures or part of structures.
The construction, alteration, demolition or
removal of any building or structure or part thereof and the construction
or alteration of any plumbing or drainage shall be in accordance with
the approved detailed statement of specifications and plans for which
the permit was issued or any approved amendment thereof. The Building
Inspector shall require a certified copy of the approved plans to
be kept on the premises at all times from the time of commencement
of the work to the completion thereof.
The location of any new building or structure or of any extension to an existing building or structure shown on the diagram filed, required by § 154-12, or on any approved amendment thereof shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of any lot or plot, a diagram of which has been used as the basis for a permit, unless the building or structure for which the permit was issued complies in all respects with the requirements of this code for buildings or structures located on plots of such diminished area; provided, however, that this shall not apply to any case in which the lot area is reduced by reason of any street opening or widening or other public improvement.
The Building Inspector may revoke any permit
or approval issued under the provisions of this code in case of any
false statement or any misrepresentation as to a material fact in
the application upon which the permit or approval was based.
The Building Inspector shall not approve any
plans for alteration of an existing building nor for the erection
or construction of any new building in case the general character
or appearance of such building after the proposed alterations or construction
would have the effect of depreciating real estate values within a
radius of 500 feet from the site of any such building, as determined
by the Board of Trustees, or shall be deemed by the Board of Trustees
to be detrimental and injurious to the health, safety, morals or general
welfare of the people of the village and more particularly of the
people residing within the aforementioned radius.
[Amended 7-9-1979 by L.L. No. 11-1979; 4-11-1983 by L.L. No. 3-1983; 5-11-1987 by L.L. No. 2-1987; 4-10-1989 by L.L. No. 2-1989; 1-7-1991 by L.L. No. 1-1991]
A.
New homes and buildings. Every application for a new home or new building shall be accompanied by a fee as provided in Chapter A350, Fees, as indicated on the permit application form.
B.
Alterations.
C.
Final cost. Final cost verification information shall
be presented to the Building Inspector and the required fees paid
prior to the issuance of a certificate of occupancy or other letter
of approval indicating completion from the Building Department.
D.
All applications for fences shall be subject to an inspection fee as provided in Chapter A350, Fees.
E.
The foregoing fees shall be paid to the Treasurer
of the village.
H.
The Building Department application for the construction
of handicapped ramps is to be waived and no application fee shall
be due upon the filing of a building permit for handicapped ramps
within the Incorporated Village of Massapequa Park.
[Added 3-8-1999 by L.L. No. 4-1999]
[Added 6-12-1995 by L.L. No. 7-1995]
Where construction or other work requiring a permit pursuant to the Massapequa Park Code of Ordinances and Local Laws was commenced prior to the issuance of a building permit, the building permit fee for such construction or other work shall be three times the amount otherwise provided for in § A350-1, Chapter 154 of the Massapequa Park Code of Ordinances. There shall be an amnesty period commencing with the enactment date of this section and ending on December 31, 1995, during which time this section shall not apply to any permit application submitted to the Building Inspector of the Village of Massapequa Park for work commenced prior to the issuance of a building permit.
