Town of Southold, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southold 7-17-1984 by L.L. No. 7-1984; amended it its entirety 12-19-2006 by L.L. No. 16-2006. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings and property maintenance — See Ch. 100.
Outdoor burning — See Ch. 104.
Electrical inspections — See Ch. 126.
Environmental quality review — See Ch. 130.
Flood damage prevention — See Ch. 148.
Landmark preservation — See Ch. 170.
Exterior lighting — See Ch. 172.
Subdivision of land — See Ch. 240.
Waterfront consistency review — See Ch. 268.
Wetlands and shoreline — See Ch. 275.
Zoning — See Ch. 280.

§ 144-1 Title.

This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law."

§ 144-2 Purpose.

Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on January 1, 1984, and the State Energy Conservation Construction Code (the Energy Code), which shall take effect on January 1, 2007, and which every local government shall administer and enforce on and after such date. It is the purpose of this chapter to provide for the administration and enforcement of the Uniform Code in the Town of Southold.

§ 144-3 Administration and enforcement officers designated; definitions.

[Amended 12-6-2011 by L.L. No. 13-2011; 3-11-2014 by L.L. No. 4-2014; 5-3-2016 by L.L. No. 3-2016]
A. 
It shall be the duty of the Building Inspectors (hereinafter referred to as the "Building Inspector") to administer and enforce the Uniform Code and the Energy Code and the provisions of this chapter.
B. 
In addition to the inspectors, as provided by Subsection A of this section, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector.
C. 
For this chapter, the term "Building Inspector" shall include and refer to:
(1) 
Building Inspectors of the Town of Southold;
(2) 
The Director of Code Enforcement of the Town of Southold;
(3) 
The Engineer Inspector of the Town of Southold;
(4) 
Building Permits Examiner;
(5) 
Fire Inspector; and
(6) 
Code Enforcement Officer.
D. 
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition).
[Amended 12-6-2011 by L.L. No. 13-2011; 3-11-2014 by L.L. No. 4-2014]
BUILDING PERMIT
A building permit which is renewed, amended or extended pursuant to any provision of this chapter.
CANOPY
See "tent."
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
SOLAR POWER FAST TRACK PROGRAM
A program to expedite all applications for standard installations of solar electric and solar hot water energy systems on residential buildings and legal accessory structures on residential property as developed by Long Island Unified Solar Permitting Initiative.
STANDARD INSTALLATION
Those installations that meet the following criteria, and any subsequent amendment thereto:
(1) 
Are not subject to architectural review or review by the Architectural Review Board or Landmark Preservation Commission;
(2) 
Are proposed for installation on a roof with a single layer of roof covering;
(3) 
Are to be flush-mounted parallel to the roof surface and no more than six inches above the surface;
(4) 
Have an eighteen-inch clearing at the roof ridge and an eighteen-inch clearing path to the ridge;
(5) 
Create a roof load of no more than five pounds per square foot for photovoltaic (PV) and six pounds per square foot for residential solar hot water (RSHW);
(6) 
Be installed by LIPA-authorized contractors;
(7) 
Use PV panels that have been certified by a nationally-recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703 and inverters must be on a list of New York State Public Service Commission type tested inverters which are tested by UL or other nationally recognized laboratories to conform with UL 1741;
(8) 
Use RSHW equipment that has been certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors;
(9) 
Use other equipment such as modules, combiner boxes and a mounting system that have been approved for public use; and
(10) 
Be in full compliance with all current National Electrical Code (NEC) requirements.
TENT
A structure, enclosure or shelter, including structures open without sidewalls or sidewalls that drop on 75% or more of the perimeter, constructed of fabric or pliable material supported by any manner except by air or the contents it protects.

§ 144-4 Conflicts with other regulations.

Where the provisions of this chapter conflict with or impose a different requirement than any other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern.

§ 144-5 Powers and duties of Building Inspector.

A. 
Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code and Energy Code and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.
B. 
The Building Inspector shall receive, review, and approve or disapprove applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the Uniform Code, Energy Code and other laws, ordinances and regulations governing building construction.
C. 
The Building Inspector shall conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter:
(1) 
To issue stop-work orders;
(2) 
To review and investigate complaints;
(3) 
To maintain records;
(4) 
To collect fees as set by the Town Board of the Town of Southold;
(5) 
To pursue administrative enforcement actions and proceedings;
(6) 
In consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and
(7) 
To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this chapter.
D. 
The Building Inspector shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
E. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.
F. 
The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including records of:
(1) 
All applications received, reviewed and approved or denied;
(2) 
All plans, specifications and construction documents approved;
(3) 
All building permits, certificates of occupancy, and stop-work orders issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
All complaints received;
(7) 
All investigations conducted;
(8) 
All fees charged and collected.
G. 
All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.
H. 
Program review and reporting.
(1) 
The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.
(2) 
The Building Inspector shall, annually, submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town, relative to administration and enforcement of the Uniform Code.
(3) 
The Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials in this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code.
I. 
The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem appropriate:
(1) 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
(2) 
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in a manner which violates this chapter of the Code;
(3) 
If appropriate, issuing a stop-work order;
(4) 
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.

§ 144-6 Inspections required.

A. 
Construction inspections
(1) 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection A(2) of this section is ready for inspection.
(2) 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(a) 
Work site prior to the issuance of a building permit;
(b) 
Footing and foundation;
(c) 
Preparation for concrete slab;
(d) 
Framing;
(e) 
Building systems, including underground and rough-in;
(f) 
Fire-resistant construction;
(g) 
Fire-resistant penetrations;
(h) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(i) 
Energy Code compliance; and
(j) 
A final inspection after all work authorized by the building permit has been completed.
(3) 
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
B. 
Firesafety and property maintenance inspections.
(1) 
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector at the following intervals:
(a) 
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(b) 
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection B(1)(a), and all nonresidential buildings, structures, uses and occupancies not included in Subsection B(1)(a), shall be performed at least once every 36 months.
(2) 
Inspections permitted. In addition to the inspections required by Subsection B(1) of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector at any time upon:
(a) 
The request of the owner of the property to be inspected or an authorized agent of such owner;
(b) 
Receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or
(c) 
Receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
(d) 
OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b.
C. 
Inspection of tents.
[Added 3-11-2014 by L.L. No. 4-2014]
(1) 
The Building Inspector or Code Enforcement Official shall perform inspections on tents prior to the event for which the tent is to be used. Tents must comply with all requirements of the New York State Building Code and the following standards:
(a) 
Sufficient exiting to a public way.
(b) 
Tents over 200 square feet shall be made of flame-resistant materials. A certificate attesting to that fact shall be available on site for inspection.
(c) 
All electrical supply shall be ground fault interrupted (GFI) at the source.
(d) 
Tent stakes shall be capped or covered in such a way to present no hazard to the public.
(e) 
No cooking shall be allowed under the tent.
(f) 
All exiting aisles shall be maintained at a minimum of six feet wide.
(g) 
If the event under the tent is conducted after sunset, illuminated exit signs and emergency exit lighting shall be provided. The lighting shall be on a separate circuit.
(h) 
Guy ropes shall not pass through exit paths unless maintained more than seven feet above grade. Tent stakes shall not be in exit paths.
(i) 
Fire extinguishers as required by New York State Building Code and the Town Building Inspector/Code Enforcement Official shall be provided.
(2) 
A tent permit may be revoked by the Building Inspector or Code Enforcement Official if, upon inspection, it is determined that the tent does not comply with any of the standards set forth in § 144-6C(1) above or if the tent is used in violation of the provisions of § 144-8.

§ 144-7 Cooperation with other departments.

The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

§ 144-8 Building permit required; application for permit.

A. 
Building permit/tent permit required prior to commencement; exceptions.
[Amended 3-11-2014 by L.L. No. 4-2014]
(1) 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure. A building permit shall be required for any work which must conform to the Uniform Code, and Energy Code, except that no building permit shall be required for:
(a) 
Necessary repairs which do not materially affect structural features.
(b) 
Alterations to existing buildings, provided that the alterations:
[1] 
Cost less than $10,000;
[2] 
Do not materially affect structural features;
[3] 
Do not affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits;
[4] 
Do not involve the installation of electrical systems; and
[5] 
Do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues.
(c) 
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 100 square feet;
(d) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(e) 
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
(f) 
Installation of fences which are not part of an enclosure surrounding a swimming pool;
(g) 
Construction of retaining walls, unless such walls support a surcharge or impound Class I, II, or IIIA liquids;
(h) 
Construction of temporary motion picture, television and theater stage sets and scenery;
(i) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(j) 
Installation of partitions or movable cases less than five feet nine inches in height;
(k) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(l) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(m) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(n) 
Repairs, provided that such repairs do not involve:
[1] 
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
[2] 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
[3] 
The enlargement, alteration, replacement or relocation of any building system; or
[4] 
The removal from service of all or part of a fire protection system for any period of time.
(2) 
No tent shall be erected on any property, except properties wherein the primary use is a single-family dwelling, unless a permit has been issued by the Building Department. Tents may be erected for protection from the elements for special events or for temporary activities that are a permitted use of the premises in accordance with the Town Code and the approved site plan for the premises, subject to the following standards:
(a) 
Tents should be removed as promptly as possible after the event has concluded.
(b) 
The duration of a tent permit shall be determined by the Building Inspector or Code Enforcement Official, up to a maximum duration of 30 days.
(c) 
A tent permit shall not issue if the parcel has an open building permit or is the subject of a pending site plan review or the property is subject to pending Town Code violation(s).
(d) 
A permit is required from the State of New York for tents with an occupancy of 300 or more unless owned, leased, or operated by a bona fide religious, charitable, educational, fraternal, service, veteran, or volunteer fire organization.
(3) 
The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection A(1) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code.
B. 
Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid.
C. 
Applications.
[Amended 12-6-2011 by L.L. No. 13-2011; 2-14-2012 by L.L. No. 3-2012; 4-24-2012 by L.L. No. 6-2012]
(1) 
Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(a) 
The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof.
(b) 
The section, block and lot numbers, if any, as they appear on the latest tax records.
(c) 
The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot.
(d) 
A survey of the lot accurately depicting all currently existing and proposed structures.
(e) 
The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage.
(f) 
The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations.
(g) 
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter.
(h) 
An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957.
(i) 
A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor.
(j) 
Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect.
(k) 
In instances where a notice of disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination.
(l) 
Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
(m) 
All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
(2) 
Exception to the requirements set forth in § 144-8C. Building Inspectors have the right, when an application for a structure is accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating that the plans and specifications comply with the Uniform Code and Energy Code, to verify that both the plans and the construction installation comply with the high wind load requirements, the Uniform Code and Energy Code at the field inspection stage.
(3) 
Applications for standard installations of solar energy systems shall be made on the fast track permit application form provided by the Building Inspector and shall include a completed requirements checklist bearing the signature of the property owner and contractor, a project information sheet and configuration diagram prepared by a professional engineer or registered architect, and any other information that the Building Inspector deems necessary. Applications for standard installations on residential and legal accessory structures on residential property shall be determined within 14 business days of the filing of a completed application.
D. 
No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by § 280-a of the Town Law.
E. 
No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board.
F. 
No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof.
G. 
No building permit shall be issued for any building until approval has been received from the Suffolk County Department of Health Services for the proposed water supply and sewage disposal system.
H. 
The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant.
I. 
Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a renewal permit shall be required.
[Amended 5-10-2011 by L.L. No. 5-2011]
J. 
As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector.
K. 
Permit fees.
[Amended 8-10-2010 by L.L. No. 7-2010; 1-18-2011 by L.L. No. 2-2011]
(1) 
The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied:
(a) 
Single-family dwellings:
[1] 
New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area.
[2] 
Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area.
(b) 
Farm buildings and additions or alterations to existing farm buildings: $150 for each building.
(c) 
Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries:
[1] 
New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area.
[2] 
Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area.
(d) 
Foundations constructed under existing buildings: $200.
(e) 
In-ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure fencing: $250.
(f) 
The permit fee for all signs shall be $75 per permit.
(g) 
Demolition and/or removal of any building: $100 minimum and $0.30 for each square foot of floor area.
(h) 
Deer exclusion fences erected in accordance with § 280-105: $75.
(i) 
The fee for standard applications for any residential solar energy system shall be $50.
[Added 12-6-2011 by L.L. No. 13-2011]
(j) 
The permit fee for tents shall be $50 per permit.
[Added 3-11-2014 by L.L. No. 4-2014]
(2) 
If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50.
(3) 
For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area.
(4) 
Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter.
(5) 
Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like.
(6) 
In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced.

§ 144-9 Issuance or denial of building permit.

A. 
The Building Inspector shall approve or disapprove the application within a reasonable time, and in all events within 10 business days.
B. 
Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
C. 
Upon approval of the application, two sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the offices of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times.
D. 
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the Uniform Code and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

§ 144-10 Performance of work under permit.

A. 
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based, for a period of 18 months after the date of its issuance. For good cause, the Building Inspector may allow an extension for a period not exceeding six months.
B. 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Uniform Code and applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.
C. 
Compliance with the following regulations shall be a continuing condition for the validity and existence of any building permit and issuance of a certificate of occupancy by the Town of Southold:
(1) 
Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and/or grading.
(2) 
Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
(3) 
Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon.
(4) 
Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures.
D. 
Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

§ 144-11 Building permit fees.

[Amended 5-10-2011 by L.L. No. 5-2011]
A. 
Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the Town Code.
B. 
In the event that a building permit expires as set forth in § 144-8I, the applicant shall remit an additional fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building permit.
C. 
In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded.

§ 144-12 Revocation of building permit.

The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
A. 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
B. 
Where he finds that the building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Building Inspector shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
C. 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
D. 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Building Inspector.

§ 144-13 Stop-work orders.

A. 
The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(2) 
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(3) 
Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.
B. 
Stop-work orders shall:
(1) 
Be in writing;
(2) 
Be dated and signed by the Building Inspector;
(3) 
State the reason or reasons for issuance;
(4) 
If applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
The Building Inspector shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail to the owner or permit holder and posting at the work site. The Building Inspector shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work order.
D. 
Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
E. 
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under any other applicable local or state law. Any such remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

§ 144-14 Right of entry.

Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.

§ 144-15 Certificate of occupancy required; application.

A. 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.
B. 
No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used unless a certificate of occupancy shall have been issued by the Building Inspector.
C. 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector.
D. 
The owner or his agent shall make application for a certificate of occupancy. Accompanying his application and before the issuance of a certificate of occupancy, there shall be filed by the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the building contractor who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined and approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and Energy Code and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
E. 
Certificate of occupancy fees.
[Added 8-10-2010 by L.L. No. 7-2010]
(1) 
The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied:
(a) 
Business buildings and/or business uses and additions and alterations thereto: $50.
(b) 
New dwellings and additions and alterations thereto: $50.
(c) 
Accessory buildings and additions and alterations thereto: $50.
(d) 
Preexisting dwellings: $100.
(e) 
Updated certificates of occupancy by reason of additions or alterations: $50.
(f) 
Copies of certificates of occupancy: $0.25.
(2) 
Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, "school districts, park districts and the like.

§ 144-16 Inspection prior to issuance of certificate; records.

A. 
Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.
B. 
There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the Uniform Code, the Energy Code, and other applicable laws.

§ 144-17 Issuance of certificate of occupancy.

A. 
The Building Inspector shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and the Energy Code. The Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant for the certificate of occupancy, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
B. 
A certificate of occupancy shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the building permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Building Inspector issuing the certificate of occupancy and the date of issuance.

§ 144-18 Temporary certificates of occupancy; fee.

Upon request, and the payment of a fee of $25, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.

§ 144-19 Tests for compliance with standards.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 144-20 Compliance required; penalties for offenses.

A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
B. 
For each offense against any provisions of the Uniform Code, Energy Code, or of this chapter, or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a .written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed $10,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.
C. 
It shall be unlawful for any person, firm or corporation to erect a tent in violation of the provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector or Code Enforcement Official; the owner, occupant, or their agents or other person who commits any such offense shall, upon first conviction thereof, be guilty of a violation punishable by a fine not to exceed $1,000. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed $2,500.
[Added 3-11-2014 by L.L. No. 4-2014]

§ 144-21 Abatement of violations.

Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the penalties prescribed in the preceding section.