Village of Great Neck Estates, NY Article II Building Permits

§ 95-5 Permits; applications; procedures.

[Amended 11-13-1989 by L.L. No. 9-1989; 6-24-1996 by L.L. No. 5-1996]

A. Permits required.

(1) No person or entity shall excavate, or construct, erect, alter, repair or commence or continue the construction, erection or alteration of a building, structure, driveway or parking area, including plumbing, heating, ventilating, air conditioning or electrical work, within the Village of Great Neck Estates without first having obtained a permit therefor from the Building Inspector after having duly applied therefor.

(2) No person or entity shall commence, continue or perform any construction, development, improvement or other similar work on any property within the Village of Great Neck Estates for which a permit is required by any agency of any government unless all such permits first have been obtained.

(3) No person or entity shall commence, continue or perform any sandblasting of any building or structure without first obtaining a permit from the Building Department under conditions of safety specified by the Building Department in each case.

(4) Additions or alterations. When the cost of any addition or alteration, as estimated by the Building Inspector, exceeds $3,000, or the volume of such addition or alteration exceeds 2,000 cubic feet, such work shall be deemed an addition or alteration subject to all of the provisions of this chapter, regardless of whether the same shall affect the structure of the building.

B. Form. An application for a permit to be obtained from the Village of Great Neck Estates pursuant to this chapter shall be submitted in such form and number of copies as may be prescribed by this Code or by the Building Inspector. Except for an application for a permit related to one single-family residence, each such application also shall include, at a minimum, one electronic copy of all documents submitted in support of the application in a format approved by the Building Official.

[Amended 8-12-2019 by L.L. No. 5-2019]

C. Applications. Application for permits shall be made by the owner or lessee of property, or by the agent of the owner or lessee, or the architect, engineer or builder employed by the owner or lessee in connection with the proposed work. Such application shall contain such information as reasonably may be required by the Village, including, without limitation, the following:

(1) A statement of the full name and residence of each of the persons having an interest in the premises as owner, tenant or otherwise.

(2) The use to which the building or premises is to be put.

(3) If the application is made by any person other than the fee owner of the property, an affidavit of the fee owner that the proposed work is authorized by the fee owner and that the person making the application is authorized by the fee owner to make such application.

(4) Information satisfactory to the Building Inspector to demonstrate that the applicant proposes to control and prevent soil erosion resulting from construction methods and procedures during the course of construction. No building permit shall issue unless the plans for which the permit is sought affirmatively demonstrate the existence and intended use of methods satisfactory to the Building Inspector for such soil erosion control purposes.

D. Plans and specifications. Applications for permits shall be accompanied by three sets of drawings of the proposed work, drawn to scale, including floor plans, elevations, structural details, an accurate plot plan or diagram of the lot showing the exact location of all existing and proposed buildings and structures and all other characteristics of the site which will permit the Village to determine whether the proposed alteration or use conforms to all applicable legal requirements. Except for an application for a permit related to one single-family residence, each such application also shall include, at a minimum, one electronic copy of all documents submitted in support of the application in a format approved by the Building Official.

[Amended 8-12-2019 by L.L. No. 5-2019]

(1) Where a lot or premises has an area equal to or in excess of two times the minimum area required for a lot in the district where the property is located, the application shall indicate whether it is intended that the property be a site for more than one dwelling, and if so, the application shall indicate the proposed subdivision of the property for each such dwelling. In such cases, the application for a building permit shall not constitute an application for a subdivision of the property, and a separate application for such subdivision shall be required if such subdivision of the property has not been approved previously.

E. Certifications. When the proposed work involves structural alterations, heating or plumbing, or where the cost of the work to be done under a permit, as estimated by the Building Inspector, exceeds $2,500 or the volume thereof exceeds 2,000 cubic feet or the work involves earth moving of more than 50 cubic yards, the plans and specifications shall be certified and filed by a registered architect or registered professional engineer, duly licensed in and by the State of New York.

F. Amendments to plans. Amendments to an application may be filed at any time before the completion of the work for which the permit is sought, and such amendments shall constitute part of the application and shall be filed as such. Such amendments shall be made in the same form and manner as the original application, and shall be accompanied by similar plans and drawings relevant to the changes proposed. After approval of such amendment, the amended application shall be filed with and be deemed a part of the original application.

G. Fees for applications.[1]

(1) Applications for the issuance of building permits or certificates of occupancy shall be accompanied by the payment to the Village, through the Building Inspector, of the building permit fees and the certificate of occupancy fees as established from time to time by the Board of Trustees, by resolution.[2]

[2] Editor's Note: Former Subsection G(2), establishing permit and certificate of occupancy fees, which immediately followed this subsection, was deleted 4-12-2004 by L.L. No. 1-2004.

(2) The Board of Trustees, by resolution, may establish minimum cost standards for the computation of value in establishing permit fees based upon current building cost standards.

[1] Editor's Note: See Ch. 109, Fees.

H. Review of applications. The Building Inspector shall examine each application within a reasonable time after filing. If, after such examination, it appears that the proposed work will be in compliance with the provisions of this Code, and the Uniform Fire Prevention and Building Code, and other applicable laws, rules and regulations, the application shall be approved and the permit issued. If the examination reveals otherwise, the Building Inspector shall supply the applicant with a written report of findings as to the manner in which the said application does not so comply and shall deny the application. If an application is withdrawn before issuance of a permit, or before commencement of work pursuant to such permit, upon authorization of the Board of Trustees, after written application, not more than 75% of the fee paid for such application may be returned to the applicant.

I. Disposition of fees. All fees paid for any permit application, or for any other purpose, shall be paid to the Village Treasurer.

J. Removal or moving of buildings or structures. A bond may be required by the Building Inspector to indemnify the Village for damages caused by the removal or moving of a building or structure. If such a bond is required, no permit for the removal of such building or structure shall be issued until such bond is filed with, and accepted by, the Village Clerk.

K. Signature and conditions of permit. All work performed under a permit issued by the Building Inspector, signed by the Building Inspector or an authorized assistant, shall conform to the approved application and the plans and specifications and approved amendments thereto. No person or entity shall perform any work other than in conformity with the approved application and the plans and specifications and approved amendments thereto.

(1) Foundation survey. It shall be a condition of each building permit for a project which involves the construction, alteration or relocation of the framing of a building or structure, that a foundation survey shall be submitted to, and approved by, the Building Inspector after completion of the foundation and before commencement of any work on the framing of the structure. Such condition shall be endorsed upon the building permit; provided, however, that this condition shall be applicable even where such endorsement is omitted or incomplete. No person, firm or entity shall commence or permit framing of a building or structure without first submitting such foundation survey and obtaining the approval of the Building Inspector.

[Added 11-5-2001 by L.L. No. 6-2001]

(2) Landscaping and/or grading plans. Where an application for a building permit includes plans for landscaping and/or grading, the approval of a building permit shall be deemed to include a condition requiring the proper completion of such landscaping and/or grading before a certificate of completion or compliance may be issued.

[Added 7-14-2008 by L.L. No. 4-2008]

L. Limitations of time.

[Amended 7-10-2000 by L.L. No. 4-2000; 1-10-2005 by L.L. No. 1-2005; 7-11-2016 by L.L. No. 7-2016]

(1) A building permit under which no work is commenced within six months after issuance shall expire by limitation. All other building permits shall expire by limitation if the work authorized thereby has not been completed within the following periods of time after permit issuance:

(a) New construction and alterations/additions and/or repair/renovations having an estimated cumulative cost in excess of $750,000: 15 months.

(b) New construction and alterations/additions and/or repair/renovations having an estimated cumulative cost of at least $100,000, but not more than $750,000: nine months.

(c) New construction and alterations/additions and/or repair/renovations having an estimated cumulative cost not more than $100,000; six months.

(2) The Building Official may extend the foregoing periods of time, upon written application and payment of any fee required by law, for one period of no more than three additional months. Thereafter, no building permit shall be renewed or extended except upon approval of the Board of Trustees, after written application and payment of any required fees and deposits. If any excavation shall have been made or construction, alteration, renovation or removal of a building or structure commenced pursuant to a lawfully issued permit, but the same is not diligently prosecuted and completed within the required time, the person to whom the permit is issued (or the owner of the property for which the permit was issued, if the permit was issued to another person) shall, upon due notice from the Building Inspector, take such action as directed in such notice to restore the premises to its condition within the time directed in such notice.

(a) No extension shall be granted by the Building Official or the Board of Trustees pursuant to Subsection L of this section unless:

[1] The permit is in good standing at the time the application for renewal is made;

[2] The relevant information in the application is current and accurate; and

[3] All required fees, including permit renewal fees, have been paid.

(b) No extension shall be granted by the Board of Trustees pursuant to Subsection L of this section unless the Board of Trustees, in its sole discretion, shall determine the duration of the extension, after having considered the following criteria in determining whether to grant such extension and whether to impose conditions upon any such grant of an extension:

[1] The reason for delay in construction;

[2] The adverse impact which the delay has had upon adjacent property owners and the community, and which may occur during the extension period;

[3] Methods and/or conditions to mitigate the adverse impacts of the delay in construction, including, without limitation, requiring regrading or other stormwater drainage controls and/or requiring landscaping or other screening;

[4] The status of the construction, and the time anticipated to be required to complete construction;

[5] Whether requiring a completion bond, cash deposit or other financial security is appropriate to assure that the construction is pursued with diligence and completed by the approved extension date;

[6] Any other factor which the Board, in its sole discretion, determines to be relevant.

(c) Any extension granted by the Board of Trustees pursuant to the provisions of this Subsection L shall expire on the earliest of the extension date approved by the Board of Trustees, expiration of the permit as provided in Subsection L(2)(d) below, or revocation by the Building Inspector.

(d) As a condition of an extension of a building permit granted by the Board of Trustees pursuant to the provisions of Subsection L of this section, the Board of Trustees may establish a date during the extension period after which the owner and permittee shall jointly be responsible for a civil penalty in an amount to be determined by the Board of Trustees for each day, excluding weekdays and holidays, from such date until completion of the work, payment of which daily penalty shall be made from a bond, cash deposit or other financial security to be provided by the applicant before the extension shall become effective. If the bond, cash deposit or other security is depleted to an amount equal to 25% of its original amount prior to the expiration of the extension period authorized by the Board of Trustees, the bond, cash deposit or other security shall be replenished to 100% of such original amount upon written notification from the Village Clerk, in default of which the permit shall forthwith expire without further notice to the permittee, and shall not be further extended. Work is not deemed complete until certified by the Building Inspector as complete.

M. Revocation of permits. The Board of Trustees or the Building Inspector may revoke a permit or approval issued under the provisions of this chapter in case there has been any false statement or misrepresentation as to a material fact in the application or plans and specifications upon which the permit or approval was based, or where the holder of the permit has violated or has suffered or permitted a violation of any stop-work order issued with respect to work to be performed pursuant to said permit.

N. Posting of permit; plans. A copy of the permit shall be kept on the premises, open to public inspection, during the prosecution of the work and until the completion of the building or structure. A certified copy of the approved plans and specifications shall be kept on the premises at all times until the completion of the work.

O. Stop-work orders.

(1) Whenever the Building Inspector is satisfied that the execution of any work for which a permit is issued is contrary to the provisions of this Code and/or the permit for such work and/or the plans, specifications and application submitted for such permit, the Building Inspector shall serve notice or order upon the persons responsible, directing the discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions of this Code.

(2) Whenever, in the opinion of the Building Inspector, the continuance of construction is contrary to the public health, safety or welfare by reason of defective or illegal work in violation of a provision or requirement of this Code or any permit, or by reason of conditions on the property which adversely affect the public health or safety, the Building Inspector may issue a written or oral order directing remediation of such condition, or directing that all further work be stopped or suspended until the condition which is the cause of the order is remediated.

[Amended 1-10-2005 by L.L. No. 1-2005]

(3) No person shall perform, or permit the performance of, any work in violation of, or contrary to the provisions of, a stop order issued by the Building Inspector pursuant to this chapter.

§ 95-6 Requirements for site plan approval.

[Added 4-12-1999 by L.L. No. 2-1999; amended 3-12-2007 by L.L. No. 5-2007; 5-12-2014 by L.L. No. 7-2014]

A. Notwithstanding any other provision of this chapter, no building permit shall be issued for a new building or structure, or for any alteration or addition to an existing building or structure, used or to be used for nonresidential purposes, unless the Board of Trustees first has approved a site plan for the premises upon which such building or structure is located or proposed to be located.

B. Notwithstanding any other provision of this chapter, no building permit shall be issued for a new building or structure, or any alteration or addition to an existing building or structure, used or to be used for residential purposes other than a one-family dwelling, or used or to be used for both residential and nonresidential uses, unless the Board of Trustees first has approved a site plan for the premises upon which such building or structure is located or proposed to be located.

C. No property used or to be used for nonresidential purposes, or for residential purposes other than a single-family dwelling, or for both residential and nonresidential purposes shall be modified or changed with respect to the manner, scope or dimension of use, or contrary to the conditions of a special use permit for such use, unless a building permit is issued for such change, if required pursuant to this chapter, and unless a site plan for such use or special permit amendment has been approved by the Board of Trustees. The changes for which such permit or approval shall be required include, but are not limited to, changes in impervious surfaces on such property, changes in direction of traffic flow on such property, changes in parking or other vehicular areas on such property, and changes in the topography or drainage on such property. This subsection shall not be interpreted or applied to require such permit or approval for landscaping or ordinary maintenance activities, or replacement of existing features in kind.

D. In approving a site plan pursuant to this section, or otherwise as authorized by law, the Board of Trustees shall have power to grant waivers as provided in Village Law § 7-725-a(5), and to impose such reasonable conditions as the Board of Trustees may determine are appropriate in the interest of the public health, safety and general welfare, or as may be appropriate to the particular site.

E. No site plan approval shall be granted pursuant to this section without a public hearing.

F. Pursuant to the authority granted in Municipal Home Rule Law § 10, the provisions of Village Law § 7-725-a(8) are hereby superseded and amended in their application to the Village of Great Neck Estates, and with respect to such Village, said section is amended to read as follows:

8. Public hearing and decision on site plans. Where a public hearing is required prior to approval of a site plan, the Board of Trustees shall commence a public hearing with respect to any such site plan within 62 days from the day a complete application is received by the Board with respect to any matter referred to it or within its jurisdiction. Where review of such application is required pursuant to the State Environmental Quality Review Act,[1] and the Board of Trustees is the lead agency, no such application shall be complete until the latest issuance of a negative declaration or acceptance of a final environmental impact statement by the lead agency. Where the Board of Trustees is not the lead agency, no such application shall be complete until a determination by the Mayor that the application is complete, or the issuance of a negative declaration or a findings statement by the lead agency, whichever last occurs. At least 14 days prior to the commencement of such hearing, the applicant shall mail notice of said hearing to all persons and in the same manner as required for notice of a public hearing with respect to a zoning variance. The Village shall publish and post notice of such hearing in the official newspaper at least 10 days prior to the hearing date, and shall give such other notice as may be required by law and such additional notice as the Board of Trustees shall determine. The Board of Trustees shall make a decision with respect to such application within 62 days after the conclusion of such public hearing. No decision with respect to such application shall be made by operation of law, and all decisions shall require the affirmative vote of at least a majority of the members of the Board of Trustees. The time periods to commence a hearing or to render a decision may be extended by mutual consent of the applicant and the Board of Trustees. The decision of the Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof shall be mailed to the applicant and to any other person requesting the same and providing a postage-paid mailing envelope. Nothing herein shall preclude the holding of a public hearing on any matter on which a public hearing is not so required.

[1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

§ 95-7 Tree protection.

[Added 5-8-1989 by L.L. No. 6-1989]

A. Legislative intent, policy and findings.

(1) The Board of Trustees of the Village of Great Neck Estates hereby finds that there is a direct relationship between the preservation and the planting of trees in sufficient number in the Village and the health, safety and welfare of Village residents and that trees are related to the natural scenic and aesthetic values and the physical and visual qualities of the environment which the Village is obligated to protect. It is hereby found and determined that:

(a) Trees are proven producers of oxygen, a necessary element for the survival of mankind.

(b) Trees appreciably reduce the ever-increasing and environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air.

(c) Trees play an important role in the hydrologic cycle, transpiring considerable amounts of water each day, thereby precipitating dust and other particulate airborne pollutants from the air.

(d) Trees play an important role in neutralizing wastewater which passes through the ground from the surface to groundwater tables and the lower aquifers.

(e) Trees, through their root systems, stabilize the soil and play an important and effective part in soil conservation, erosion control and flood control, thereby preserving stormwater and ultimately recharging the aquifers.

(f) Trees are an invaluable physical and psychological addition to the Village, making life more comfortable by providing shade and cooling both air and land, tempering the force of winds, reducing noise levels and glare and breaking the visual monotony of development on the land.

(g) Trees provide natural wildlife habitat and play other important ecological roles.

(2) The indiscriminate removal and destruction of trees causes increased Village costs for proper drainage control, impairs the benefits of occupancy of existing residential properties and impairs the stability and value of both improved and unimproved real property in the area of the destruction and adversely affects the health, safety and general welfare of residents of the Village.

B. Definitions. For the purposes of this section, the following terms, phrases and words shall have the following meanings:

APPLICANT

The owner, contract vendee or lessee of real property or its duly authorized agent.

HABIT

The natural growing characteristics of any tree, which includes branch spread and distribution, branch height above ground and root spread and distribution.

PERSON

Any individual, firm, partnership, association, corporation, company, public agency, public utility or organization of any kind, or agent thereof.

REAL PROPERTY

Includes all unimproved or improved real property within the Village of Great Neck Estates.

ROOT AREA

The entire root system and its environment, measured from the trunk of a tree out to the dripline, which is an imaginary vertical line running from the limits of the outermost branch tips to the ground.

SUBSTANTIAL ALTERATION

Any cutting or drastic pruning or elevating of the branches, or other alteration of the habit of a tree which impairs or endangers the life of such tree or destroys its natural symmetry, and shall include but not be limited to, heavy or unnecessary cutting of top branches (topping) and cutting of major lower limbs (severe elevating).

TREE

Any living woody plant (with a diameter of six inches or more at the height of four feet, six inches) and its root system and the environment within the area defined by the outermost limits of its branches.

VILLAGE OFFICIAL

Refers to the Building Inspector or other Village official designated by the Board of Trustees as the Code Official.

C. Prohibition.

(1) No building permit shall be issued for the construction of any new building or structure or any alteration or improvement to any existing building or structure, which construction or alteration could reasonably be foreseen to cause or require the removal, destruction or substantial alteration of the habit of any tree of six inches or more in diameter (measured at four feet, six inches in height) on any real property within the Village of Great Neck Estates, except in conformity with the provisions of this section.

(2) In order to effectuate the provisions of Subsection C(1) of this section, all applications for building permits shall include a tree plan, showing the location of all trees and root systems, in whole or in part, within 50 feet of any point on real property where construction, alteration or improvement of a building or structure is proposed to be done. Such tree plan shall also include a specific listing of each tree or root system which may reasonably be expected to be adversely affected by any aspect of the construction, alteration or improvement work and a specific statement as to the manner in which the applicant intends or proposes to protect each such tree and root system.

(3) The provisions of Subsection C(1) and (2) of this section shall not prohibit the removal, destruction or substantial alteration of any tree whenever and to the extent it is necessary to prevent imminent danger to human life or to property.

(4) Nothing in this section shall be construed to prohibit the alteration of habit of any tree made in accordance with customarily accepted ornamental procedures according to National Arborist Association Standards for pruning trees.

(5) Any tree plan required by this section shall include a plan of the lot indicating the following:

(a) All existing trees on the site.

(b) The location, type and size of tree(s) which it is reasonably expected will be removed or substantially altered or of which the root system would be damaged by compaction, change of grade or otherwise disturbing the root area.

(c) The location of any existing and proposed improvements on the real property.

(d) Any additional information that the Village official may deem necessary for evaluation of the application.

(6) The Village official shall not approve any application for a building permit to which this section is applicable, unless he is satisfied that all reasonable efforts have or will be made to protect the trees and root systems which would be adversely affected by the construction, alteration or improvement or any construction work or construction methods which will be followed in furtherance thereof. In making such determination, the Village official shall take into account the following factors, and any other factors which he deems to be pertinent:

(a) The condition of the trees with respect to disease and danger of falling, proximity to existing or proposed structures and interference with utility services.

(b) The necessity of the removal or alteration of the tree in question.

(c) The effect of the removal or alteration thereof on ecological systems.

(d) The character established at the proposed site of removal or alteration with respect to existing vegetation management practices.

(e) The impact of any removal or alteration upon existing screening of any road or highway bordering the property.

D. Appeals.

(1) Any person aggrieved by any act or determination of the Village official in the exercise of the authority granted in this section shall have the right to appeal to the Board of Trustees, the decision of which shall be final and conclusive.

(2) An appeal shall be in writing, stating the decisions appealed from and reasons for the appeal, and shall be taken within 30 days of the determination being appealed.[1]

[1] Editor's Note: Former § 44-7, Preparation of plans and specifications (added 9-9-1947 by Ord. No. 41, as amended); § 44-8, Authorization of owner; and § 44-9, Fees (as amended), were repealed 6-24-1996 by L.L. No. 5-1996. See Ch. 109, Fees, for current fee provisions.

§ 95-8 Permit to demolish or remove building.

A. Before any existing building or structure is demolished or removed to a new location, either on the same lot or to any other lot, a permit for such demolition or removal shall be obtained from the Building Inspector. The fee for such permit shall be as provided by the Board of Trustees and shall be based on the actual cost of such demolition or removal. Such costs shall include any work necessary to remove foundations and regrade the lot thus vacated and the construction of any new foundations or similar construction to receive any relocated building or structure.

[Amended 6-24-1996 by L.L. No. 5-1996]

B. Every application for a permit to demolish or remove a building shall include information satisfactory to the Building Inspector to demonstrate that the applicant proposes to control and prevent soil erosion resulting from construction methods and procedures during the course of demolition or removal.

[Added 11-13-1989 by L.L. No. 9-1989]

C. Once commenced, demolition or removal of a building or structure for which a permit is issued pursuant to this section shall be conducted in a continuous manner and shall be completed within a period of time to be specified by the Building Inspector at the time of permit issuance. The property shall not remain unattended at any time between the commencement of such activity and the completion of the demolition or removal and the securing of the premises, except as may be authorized by the Building Inspector.

[Added 9-8-1997 by L.L. No. 10-1997]

D. Every permit issued pursuant to this section shall expire 45 days after issuance.

[Added 9-8-1997 by L.L. No. 10-1997]

E. Application. An application for a demolition or removal permit shall be on a form provided by the Village Building Department. Unless a waiver is granted by the Board of Trustees, such application shall include the following information, and such other information as may be required by the Building Inspector, including, without limitation:

[Added 12-13-2003 by L.L. No. 6-2003; amended 1-10-2005 by L.L. No. 1-2005]

(1) Satisfactory documentation that the application is made by the owner(s) of the property or by another person or entity with the consent of the owner(s);

(2) Satisfactory documentation that the mortgagee(s), if any, of the property have consented to the proposed demolition or removal;

(3) Satisfactory proof of insurance sufficient to protect the owners and occupants of adjoining properties;

(4) Satisfactory documentation of a plan for the protection of adjoining properties from the effects of any demolition or removal activities;

(5) The names and addresses of all contractors and subcontractors proposed to be engaged in the demolition or removal activity or any part thereof;

(6) A building permit application, and all required fees for review of such application, for any buildings or structures contemplated to replace the buildings or structures proposed to be demolished or, if no such buildings or structures are presently proposed, a plan for clearing and landscaping the property until such time as such buildings or structures are constructed;

(7) Such other information as the Building Inspector may deem reasonable and proper in order to safeguard the public, the owners and occupants of adjoining properties, and the structures on adjoining properties.

F. No demolition permit shall be approved or issued pursuant to this section unless at or before the time of such approval or issuance the property owner also obtains approval and issuance of a building permit for buildings or structures to be erected on the property to replace the buildings or structures to be removed pursuant to the demolition permit or, if no such buildings or structures are presently proposed, a plan for clearing and landscaping the property until such time as such buildings or structures are constructed.

[Added 1-10-2005 by L.L. No. 1-2005]

(1) Any demolition permit issued pursuant to this section shall be deemed to contain a condition requiring construction of buildings and structures in accordance with such building permit within the time required by such permit, or clearing and landscaping the property in accordance with such approved plan within a time specified by the Building Official in issuing the approval. The condition of compliance with a clearing and landscaping plan shall terminate where a building permit is issued prior to the time when compliance with the clearing and landscaping plan was required.

(2) When approving a clearing and landscaping plan required by this section, the Building Official is authorized to require the owner to post security in the form of a surety bond (in a form approved by the Village Attorney), or a cash deposit, in an amount determined by the Building Official, or such other security as may be authorized by the Board of Trustees, to guarantee compliance with the terms and conditions of any such clearing and landscaping plan.

G. Any person who demolishes or causes to be demolished all or any portion of a building or structure in the Village of Great Neck Estates without first obtaining a required permit shall be guilty of a violation. Upon conviction of such offense, such person shall be subject to punishment by fine in an amount to be determined by the court, but not more than $50,000, or imprisonment for no more than 15 days, or by both such fine and imprisonment.

[Added 4-11-2005 by L.L. No. 5-2005]

§ 95-9 Central air-conditioning permit.

[Added 9-13-1982 by L.L. No. 7-1982]

A. Permit required. Any person, firm or corporation hereafter installing a central air-conditioning unit within the Village of Great Neck Estates shall comply with the requirements of this section and obtain a central air-conditioning permit from the Building Inspector. Such permit and compliance shall not be required for the installation of the standard window-mounted unit.

B. Installation application; information required; fee.

(1) Any person, firm or corporation desiring to install a central air-conditioning unit or units on or in any structure within the Village shall submit to the Building Inspector a sketch plan of the proposed location of the condenser installation, indicating thereon the distances, in feet, to all property lines and the structures in existence on adjoining properties.

(2) In addition, there shall also be submitted a brief description of the type of unit, approximate area to be cooled, British-thermal-unit capacity and such other information that may from time to time be requested by the Building Inspector.

(3) A permit fee shall accompany said application. The amount of the permit fee shall be as provided for in this Code.[1]

[1] Editor's Note: For current permit fee provisions, see Ch. 109, Fees.

C. Issuance of a central air-conditioning permit.

(1) The Building Inspector shall review the plans and specifications and, if necessary, make a visual inspection of the proposed installation and site. He shall have the power to designate any changes he deems necessary as consistent with the public health and welfare, including the power to designate where appropriate screening of the unit may be required.

(2) If the Building Inspector deems said application and proposed installation to be satisfactory, he shall issue a central air-conditioning permit to the applicant.

(3) If exterior cooling towers are required or proposed in connection with the proposed installation, either such towers shall be equipped with silencers or no permit shall be issued for such installation until the owner or applicant posts with the Village a bond with corporate surety, or cash deposit, in the sum of $1,000, to the effect that, if required by the Village within the period of one year after the completion of the installation, such owner or applicant will forthwith install such silencers at his sole cost and expense.

§ 95-10 Outdoor generators or other machinery.

[Added 12-3-2003 by L.L. No. 5-2003]

A. Permit required. Any person, firm or corporation hereafter installing outdoor generator equipment, or other outdoor machinery (other than central air-conditioning or pool equipment) within the Village of Great Neck Estates shall comply with the requirements of this section, and obtain a permit from the Building Inspector prior to any such installation. No person shall maintain or operate any such equipment installed without a permit as required by this section.

B. Installation application; information required; fee.

(1) An application for a permit pursuant to this section shall include a sketch plan of the proposed location of the equipment to be installed, indicating thereon the distances in feet to all property lines. Equipment to be installed or maintained pursuant to this section shall be located a distance from the nearest property line not less than that required for individual yard setbacks, but need not comply with requirements for aggregate setbacks.

[Amended 1-9-2012 by L.L. No. 1-2012; 2-13-2012 by L.L. No. 3-2012]

(2) Such application shall also include a brief description of the equipment proposed to be installed, and such other information as may from time to time be requested by the Building Inspector.

(3) Such application shall also be accompanied by payment of a permit fee, in an amount established from time to time by resolution of the Board of Trustees.

C. Review of application; issuance of permit.

(1) The Building Inspector shall review the application, and the plans and specifications included therein, and, if necessary, shall make a visual inspection of the proposed installation and site. The Building Inspector shall have the power to designate any changes deemed necessary as consistent with the public health and welfare, including the power to require or designate where appropriate screening of the equipment may be required. In issuing a permit hereunder, the Building Inspector may include such conditions as may be reasonable and proper to protect the public health, safety and general welfare, including protection of adjoining properties from visual impacts, noise and odors.

(2) If the Building Inspector determines that the application and the proposed installation are satisfactory, and in accord with the public health, safety, and general welfare, the Building Inspector shall issue a permit pursuant to this section, with such conditions as may be required as provided herein.

§ 95-11 Filing of applications; amendments.

A. 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 purpose of identification and reference, all such papers shall be marked with the block and lot number of the property to which they apply and with the street and house number when possible.

B. 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 shall be filed as such. Such amendments shall state the additional cost, if any, involved and shall be accompanied by the fee as set forth in Chapter 109, Fees.

§ 95-12 Ordinary repairs excepted.

Ordinary repairs to buildings, structures or the plumbing and drainage thereof may be made without notice to the 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, the alteration of any house sewer, private sewer or drainage system or the construction of any waste pipe.

§ 95-13 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.

§ 95-14 Signatures on permit; proof of workmen's compensation coverage. [1]

A. Every permit issued under the provisions of this code shall have affixed thereto the signatures of the Building Inspector and such other officer or employee of the Village as may be required by law.

[Amended 7-10-2000 by L.L. No. 4-2000]

B. No such permit shall be issued until proof, in form satisfactory to the Industrial Commissioner of the State of New York, that workmen's compensation insurance covering all operations on the building for which a permit is requested has been submitted to the Building Inspector and recorded by him for inspection by representatives of the New York State Department of Labor.[2]

[2] Editor's Note: Former § 44-16, Expiration of permits, and § 44-17, Revocation of permits, as amended, which immediately followed this section, were repealed 6-24-1996 by L.L. No. 5-1996.

[1] Editor's Note: Former § 44-14, Approval of applications; issuance of permits; was repealed 6-24-1996 by L.L. No. 5-1996.

§ 95-14.1 Supervision of construction.

[Added 2-14-2004 by L.L. No. 2-2005]

A. All construction, including alterations, of structures which have or shall have upon completion of the proposed work a total floor area in excess of 2,000 square feet shall be performed under the inspection of a licensed architect or engineer.

B. The driving of piles shall be inspected by a licensed architect or engineer, 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.