Village of New Hyde Park, NY Permits and Certificates

§ 57-5 Permits required.

Except for ordinary repairs to and routine maintenance of lands and any buildings, structures and accessory improvements located thereon, it shall be unlawful and a violation of this chapter for any person to build or erect, construct, reconstruct, alter, expand, renovate, convert, move, maintain or demolish the whole or any part or portion of any building, structure, wall or accessory improvement in, under or upon any land; or to install, erect, extend, alter, modify, relocate, maintain or remove any plumbing, heating, electrical, ventilating, air-conditioning, refrigeration, drainage or other equipment or any escalators, elevators, dumbwaiters or similar devices or any fire-protection equipment and systems, unless and until an application for a permit or for permits to undertake and complete such work has been submitted to and approved by the Superintendent of Buildings or his/her lawful representative and the required permit or permits have, in fact, been issued to the applicant by the Building Department.

[Amended 7-21-2009 by L.L. No. 1-2009]

As contemplated by the preceding subsection, ordinary repairs and routine maintenance shall not require a permit from or the giving of notice to the Building Department; provided, however, that in no event shall such terms be deemed or construed to mean or include either:

(1)

The cutting away, removal, reconstruction, replacement, extension or relocation of any existing or the construction or installation of any new or additional load-bearing or partition wall; footing or foundation; post or other girder or beam support; girder, beam or other principal joist support; roof rafter or truss; stairwell or stairway; or fireplace or chimney;

(2)

The modification, reconstruction, extension, replacement, relocation, removal or closing of any existing or the construction or installation of any new or additional house sewer, private sewer, septic system or cesspool; above- or below-grade fuel oil, gasoline or other flammable liquid storage tank; or built-in or below-grade swimming pool or water pond; or

(3)

The reconstruction, relocation, alteration, extension or removal of any existing or the construction or installation of any new or additional roof, driveway, stoop, drainage, waste, vent or soil pipe; water, gas or electric service panel, meter or supply line; oil- or gas-fired furnace, boiler, burner or heater; sink, water closet, bathtub, shower or other plumbing fixture or appliance hookup or connection; or electrical main or branch circuit wiring, outlet, switch or fixture assembly, hookup or connection.

[Amended 7-21-2009 by L.L. No. 5-2009; 12-1-2009 by L.L. No. 18-2009]

§ 57-6 Applications for permits.

Applications for all building, plumbing and other permits required by this chapter shall be in writing and shall be submitted, in triplicate, upon the official forms approved and made available for such purpose by the Superintendent of Buildings. Every permit application form shall be completed so as to provide, in particular detail, all specifications and other information and shall be accompanied by at least three copies of the written construction plans, detail drawings, plot plan and survey and other diagrams or documents as may be specified either upon such form, by the rules and regulations of the Building Department or by written request, order or directive of the Superintendent of Buildings. All plans and drawings shall be drawn to scale; shall bear the street address and official section, block and lot number(s) identifiers of the building parcel which is the subject of the application; and shall clearly and conspicuously set forth, on their face, both the boundary lines and overall dimensions of the subject parcel; the locations and setback distances upon the parcel and the perimeter dimensions of all existing and proposed buildings, structures and accessory improvements; and the location and perimeter dimensions of all inner and outer courts, yards and other open spaces.

Unless such requirements shall otherwise be waived in writing by the Superintendent of Buildings, upon good cause shown to his/her satisfaction, every permit application shall bear the notarized signature and acknowledgment of the owner or authorized lessee of the property or a lawful agent thereof making such application, and every construction plan, plot plan, survey, detail drawing and other supporting diagram or similar document shall have been prepared by and shall bear the official seal and signature of a licensed architect, engineer or land surveyor hired or employed for such purpose by the applicant.

If the construction, plumbing, electrical or other work for which the permit is sought is to be undertaken and executed, either in whole or in part, by any person or persons other than the owner in fee of the affected property or the authorized lessee of such owner, then in any such event the permit application shall set forth and include the names, residence addresses and phone numbers of all owners and lessees of the property; the names, office addresses and business phone numbers of all contractors or other persons hired or retained by the applicant to actually undertake or supervise the work; and a statement signed and acknowledged, under oath, by one or more of such owners or authorized lessees, reciting that he/she/they have authorized and consented to such application and do authorize and approve of the contractors or other person(s) hired or employed by the applicant to undertake, execute and complete the work.

All applications for permits and all plans, drawings and other supporting documents made and submitted in connection therewith shall be filed with and shall be kept and maintained as permanent public records of the Building Department. Upon their initial receipt by any Building Department officer or other authorized Village representative, all such papers or documents shall be docketed and stamped as "received" and shall be marked and indexed, for filing reference purposes, with the official section, block and lot number identifiers for the building parcel and with the official house number and street address for the building or buildings to which they apply. In the event that no official house number and street address shall have been previously assigned to the existing or proposed building(s) on the affected parcel, then, in such event and pursuant to the provisions of Chapter 65 of the Village Code, such number and address shall be immediately assigned and noted of record either by the Superintendent of Buildings or the Village Clerk, and the official determination of either of such officers shall thereafter become final, binding and conclusive upon any and all interested parties.

Any language or provisions to the contrary notwithstanding, nothing in this chapter or in any other chapter of the Village Code shall be deemed and construed so as to prohibit the filing of any amended specifications, plans or drawings with respect to any application for a permit required by this chapter at any time after the approval of such application and the issuance of such permit but before the completion of the work contemplated and authorized by and under such permit. In the event of any such filing and upon the payment of any additional fees required therefor, such amended papers and documents shall be deemed and included as part of the original application; and any determination thereon, as and when made by the Building Department, shall be duly noted on the record of such application. Where and when any such amendments shall be approved by the Building Department, an amended permit or amended permits, duly referenced to such approval, shall promptly be issued to the applicant.

§ 57-7 Certain conditions and limitations relating to permits.

No permit shall be issued by the Building Department for the construction or reconstruction of any accessory building, structure or other improvement upon any building parcel unless said parcel is already improved by a principal building either in conformity or in legal nonconformity with the provisions of this chapter or unless the application for such permit seeks approval for and such permit likewise authorizes and includes the construction or reconstruction of such a principal building. In the latter case and circumstance, in no event shall the construction or reconstruction of any accessory building, structure or improvement be commenced or continued unless and until said principal building has been wholly or substantially completed to the satisfaction of the Superintendent of Buildings and such officer has issued a temporary certificate of occupancy with respect thereto.

With respect to any permit issued pursuant to the provisions of this chapter:

(1)

Where and when no work has been commenced or, in the case of a new building or structure or a new ground floor addition or extension, the foundation has not been completed within six months of the date of issuance of such permit, such permit shall automatically expire by limitation; and in the latter case and circumstance, any excavation made in reliance upon such permit shall be immediately filled and the premises graded and restored to the average grade of the adjoining premises; and

(2)

Where and when the work contemplated and authorized by such permit shall have been timely commenced, all such work shall be completed within 12 months of the date of issuance of such permit or such permit shall automatically expire by limitation; and in such case and circumstance all further or additional work shall cease and desist unless and until a renewal permit has been applied for and granted by the Building Department. In the event that a renewal permit is approved, then, upon the payment of an additional renewal fee equal to 75% percent of the original permit fee, such renewal permit shall be issued for, and all work covered by and under such permit shall be completed within, six months of the date of issuance of such renewal permit. In the event that all work is still not completed within such renewal period, then an additional renewal permit must be obtained from the Superintendent of Buildings; and in each event of additional renewal, the renewal permit shall be valid for a period of three months from the date of its issuance and shall be subject, in each case, to the payment of an additional renewal fee equal to 50% percent of the original permit fee. Renewal permits shall be required for any and all periods following the expiration of the original permit and expiration of any subsequent renewals thereof. The duration of the original permit and any subsequent renewals shall not exceed a total period of 24 months. Upon the expiration of said twenty-four-month period, a new application must be made to the Building Department for the issuance of a building permit.

[Amended 11-1-2005 by L.L. No. 2-2005]

A duplicate original or a certified copy of every permit issued pursuant to this chapter and of the approved plans, drawings or other diagrams submitted and approved in connection with the application for such permit shall be kept at all times upon the premises of the building parcel which is the subject of such permit until the completion of all work and the issuance of any required certificate of occupancy or completion. It shall be unlawful and a violation of this chapter for any person or persons to deviate, either in the undertaking or in the completion of any such work, from the approved application, specifications, plans, drawings and other documents forming the basis for the approval and issuance of any such permit, without the prior written consent or direction of the Superintendent of Buildings or his duly designated and authorized representative.

No permit required by the provisions of this chapter shall be approved without the authorization and consent of the Superintendent of Buildings, and no such permit shall be issued without the original signature of such officer or of a duly designated and authorized representative thereof having been affixed to and appearing upon the face of such permit.

Nothing in this chapter shall be deemed or construed to prevent the Superintendent of Buildings, upon good cause shown and in his/her sole and absolute discretion, from approving the issuance of a permit for the construction or reconstruction of part of a building or structure where an application, plans and sufficient detailed specifications for such work have been submitted and approved with respect thereto but where any additional and/or amended plans and specifications covering the remaining portion and required to be submitted and approved prior to completion of the project have yet to be filed with and/or approved by such Superintendent.

The Superintendent of Buildings may revoke approval of any application for a permit and/or any permit authorized or required in conformity with the provisions of this chapter or the provisions of any other law, statute, code or other enactment administered and enforced by the Building Department in the case of any false statement or any misrepresentation as to a material fact made in or upon the application for such permit or in or upon any plans, drawings, diagrams or other documents made and filed in support of such application and relied upon as the basis or as part of the basis for such approval or permit.

§ 57-8 Certificates of occupancy and related documents.

No building hereafter erected or constructed shall be occupied or used, in whole or in part, for any purpose whatsoever unless and until a certificate of occupancy has been issued therefor by the Building Department, certifying that such building conforms substantially to the plans and specifications approved in connection with such building and is substantially in conformity with the provisions of this chapter as they apply to any buildings of the same class and kind and in the same zoning district.

A certificate of occupancy will not be issued unless and until a fire underwriter's certificate, stating that all electrical wiring and appliances in the building and in any accessory buildings for which the construction permit was issued have been inspected and approved, has been issued by the New York Board of Fire Underwriters or another recognized and accepted independent electrical inspection and/or testing service agency and unless and until a final survey, showing the actual location, setback and perimeter dimensions of the new building and all new and existing accessory structures and improvements erected or constructed on the premises to be in conformity with the provisions of this chapter, has been prepared under seal by a licensed engineer or land surveyor. In addition to the foregoing requirements, the installation of a new sidewalk, curb and driveway apron or the repair of any existing such improvements, as the case may be, and completed to the satisfaction of the Building Department shall be a condition precedent to the issuance of any certificate of occupancy.

No existing building or structure and no building or structure hereafter erected or constructed shall be altered or renovated and thereafter occupied and used for any purpose whatsoever unless and until a proper new or amended certificate under this section and covering such work shall be approved and issued by the Building Department; and where the prior occupancy and use of such a building or structure has continued during the work of alteration or renovation, the same shall not continue for more than 30 days after the completion of such work unless an application for such new or amended certificate has been filed with the Building Department.

In those instances where work is performed under any permit but no new or amended certificate of occupancy is required, the Building Department shall issue a certificate of completion if it finds that such work has been completed substantially in accordance with the issued permit and in conformity with the provisions of this chapter; and such certificate shall set forth and contain, on the face thereof, any additional conditions or limitations with respect thereto as may relate to the use or occupancy of the building, structure or premises affected thereby.

Upon the written application and request of any owner of any existing building or structure for which a certificate of occupancy has never been issued or cannot be found to exist of record, the Building Department may, in lieu thereof and after a full inspection of such premises and a thorough examination and review of all relevant facts and circumstances, issue a certificate of existing use, certifying that, in its determination, such building or structure and its continued maintenance, use and occupancy are in substantial conformity or are in legal nonconformity with the provisions of this chapter and of Chapter 195 of the Village Code. The conditions applicable to any such request and determination shall be that:

(1)

The Superintendent of Buildings may require the owner or his/her architect or other competent agent to submit a current and accurate plot plan, floor plan and final survey, together with such other or additional information and documentation, with respect to the premises, as such officer may deem reasonably necessary or desirable to make an informed determination in each such case; and

(2)

Issuance of any such certificate shall be strictly limited to those cases where and in which either:

(a)

The building or structure was constructed in or altered to its present state and condition prior to January 8, 1947, and substantially conforms to all zoning regulations under Chapter 195 of the Village Code, as currently enacted or amended and in force and effect; or

(b)

The building or structure was constructed in or altered to its current state and condition prior to January 8, 1947, and although it does not substantially conform to all zoning regulations under the aforesaid chapter, as currently enacted or amended and in force and effect, it otherwise appears to have vested, on or before the aforesaid date, as a legal nonconforming use.

Every certificate of occupancy issued under the provisions of this section, and every certificate of existing use issued in its place and stead, shall indicate on the face thereof that no reliance may be placed on the legal validity of same after six months from the date of issuance appearing thereon, unless and until such certificate or letter has been revalidated by the Building Department. Revalidation shall be made only after application in writing on forms supplied by the Building Department on and after an inspection. Such revalidation, if any, shall be good for six months from the date of issuance.