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[HISTORY: Adopted by the Board of Trustees of the Village of Northport as indicated in article histories. Amendments noted where applicable.]
Architectural and Historic Review Board — See Ch. 13.
Unsafe buildings — See Ch. 114.
Fees — See Ch. 147.
Planning Board — See Ch. 219.
Sewers — See Ch. 239.
Zoning — See Ch. 306.
Subdivision regulations — See Ch. A312.
Article I Administration and Enforcement
Article II Acceptance of Uniform Code
[Adopted 1-7-1975 by L.L. No. 1-1975 (Ch. 13 of the 1966 Code)]
There is hereby created as a separate department in the village government of the Village of Northport the Department of Building, Housing and Code Enforcement; and there is hereby established the office of Code Compliance Director.
The Code Compliance Director shall be the head of the Department of Building, Housing and Code Enforcement and shall be vested with authority, discretion and control over such Department.
The Code Compliance Director shall be appointed by the Mayor, subject to approval by the Board of Trustees. The appointee to such office shall be removable at the pleasure of the Village Board, subject to conditions of any existing employment contract, and shall be in the unclassified service of the civil service.
A. The Department of Building, Housing and Code Enforcement shall have cognizance, jurisdiction, supervision and control over, and the Code Compliance Director of the Department of Building, Housing and Code Enforcement shall be charged with, the administration and enforcement of the laws of the State of New York pertaining to building and housing, including but not limited to the Multiple Residence Law, the State Uniform Fire Prevention and Building Code and the local laws, ordinances and codes of the Village of Northport pertaining to building, housing, fire prevention and the construction, alteration, repair, maintenance, use and occupancy of all buildings and structures within the Village of Northport, including but not limited to the chapters relating to zoning, building, housing, plumbing, fire, etc.
[Amended 3-19-1986 by L.L. No. 3-1986]
B. The Department of Building, Housing and Code Enforcement shall have supervision over, and the Code Compliance Director shall be charged with, the inspection and appraisal of real property in the Village of Northport and the placing of the same upon the assessment rolls of said village, as well as the apportionment of properties for tax assessment purposes within said village. The Code Compliance Director shall in this capacity prepare and submit to necessary state, county and municipal governments such reports as may be required by law.
[Amended 8-17-1999 by L.L. No. 12-1999]
C. The Department of Building, Housing and Code Enforcement shall have supervision over, and the Code Compliance Director shall be charged with, the investigation of any violation of any state or village ordinance, local law or rule or regulation. The said Code Compliance Director shall be, and he is hereby designated as, the Chief Code Enforcement Officer of the Village of Northport. He shall receive complaints of alleged violations from residents of the Village of Northport, and he shall investigate the same and shall, when a violation is established, take all necessary steps to enforce the local law, ordinance, rules or regulations, either by civil or criminal measures, or both, as circumstances require. The Code Compliance Director shall, subject to the provision of any other applicable statute or law, be empowered to be deputized by the Sheriff of Suffolk County as a peace officer for the purpose of issuing a criminal summons charging any person or persons with the violation of any ordinance or local law of the Village of Northport.
D. Wherever in any other ordinance, resolution or local law of the Village of Northport the word "Building Inspector" appears, the said term "Building Inspector" shall be deemed to mean "Code Compliance Director," so that the terms "Code Compliance Director" and "Building Inspector" are to be considered synonymous.
A. The Director shall receive applications required by this article, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued, and he or his staff shall make necessary inspections to see that the provisions of the law are complied with and that construction is proceeding safely. He shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may otherwise be provided for. He shall, when requested by the Village Board, make investigations in connection with matters referred to in this article and render written reports to the Board on the same. For the purpose of enforcing compliance with the law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit facilities in existing buildings, he shall issue such notices or orders as may be necessary.
B. Power to enter and inspect any building. The Director shall, subject to any other provision of law, have the right to enter and inspect at any time any building, structure or premises in order to enforce any provision of this code or of any applicable statute or state code and may request and shall receive, insofar as may be necessary in the discharge of their duties, the assistance and cooperation of all village officials.
C. Availability for public inspection. The Director shall keep careful and comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered and notices or orders issued. These records shall be open to public inspection, for good and sufficient reasons, at reasonable hours, but shall not be removed from the office of the village. The Director shall retain on file copies of all papers in connection with building work as long as any part of the building to which they relate remains in existence, except as may be otherwise prescribed by law.
(1) When required. It shall be unlawful to construct, alter, remove or demolish or to commence the construction, alteration, removal or demolition of a building or structure without first filing with the Department of Building, Housing and Code Enforcement an application in writing and obtaining a formal permit and, when required, obtaining the consent of the Architectural and Historic Review Board. For the purposes of this article, the terms "alter" and "the alteration of any structure or buildings" shall include the definition of said terms set forth in Chapter 13 hereof.
[Amended 6-15-1976 by L.L. No. 8-1976; 4-17-1979 by L.L. No. 6-1979; 6-16-1981 by L.L. No. 5-1981; 10-20-1981 by L.L. No. 10-1981]
(2) Acceptance. No application for a permit shall be accepted by the Department unless it is accompanied by the fee prescribed for the kind of permit applied for.
(3) Form of application. Application for permits shall be made on forms furnished by the Director.
(4) Who can apply. Applications for permits may be made by the owner or his authorized representative.
(1) Information to be given in application.
(a) Each application for a permit for new work, alteration or repair shall contain the full name and address of the owner and, if the applicant is his representative, the full name and address of the applicant also. If the owner is a corporation, the full names and addresses of its responsible officers shall be given.
(b) It shall describe fully the lot and premises, either by lot number, street number or by exact description.
(c) It shall give separately the estimated cubage or value, according to whichever serves as a basis for computing fees, of the proposed work and the value of existing improvements, if any, and shall describe existing buildings and structures on the lot.
(d) It shall describe the proposed work, giving dimensions of the new construction and setting forth the character of the construction and the kinds of material to be used, the loads for which each floor is designed and such other information as may be required.
(e) It shall state fully the lawful uses for which the existing buildings are used at the time of making the application and the uses for which the new work will be put after the proposed work is completed.
(f) It shall contain a statement by or on behalf of the owner that the proposed work will be faithfully carried out as described in the application and as shown on the accompanying plans and specifications, and not otherwise, and that the provisions of the law and ordinances applying to the premises and to the proposed work will be complied with, whether stated in the application and plans or not.
(g) The application shall be signed by the applicant who shall also make an affidavit that the statements set forth in the application are true.
(2) Applications to move buildings. If the application contemplates the moving of an existing building or structure from one location to another, it shall be accompanied by a description of the method to be used and the route to be followed. Permits from the state, county, town and village authorities, if required by them, shall be submitted at the time of making application for a permit.
(3) Applications to demolish. An application to demolish shall give the full names and addresses of the owner, the applicant and the person who is to do the work, and the lot number, street number or description of the property.
(4) Additional information. Nothing in this section shall prevent the Director from requiring such additional information as may be necessary to an intelligent understanding of any proposed work.
C. Plans required.
(1) List of plans. All applications for permits, including alterations, except applications to move or demolish, shall be accompanied by the following plans, in duplicate, on paper and drawn to the scale of not less than 1/8 inch equals one foot unless otherwise stated or approved:
(a) Foundation plan.
(b) Basement plan.
(c) All floor plans.
(d) Section showing riser diagram for plumbing and means of sewage disposal.
(e) All elevations.
(f) Such structural details as the Director may require.
(g) Plot diagram (at scale and suitable size for filing). This must show accurately the sizes and exact locations of all proposed new construction or, in the case of demolition, of the building or structures to be demolished and existing buildings or structures that are to remain. Structures on adjoining lots within 10 feet of the property lines shall also be shown.
(h) Specifications which, together with the plans, will completely describe the proposed work.
(2) Architects' plans required for certain buildings. For all structures costing more than $10,000 and for all structures exceeding 30,000 cubic feet in volume, and for all alterations costing more than $10,000 to any existing building or structure, and for all alterations involving changes affecting the structural safety of any building or structure, whatever the size or cost, the plans shall be drawn by a registered architect or professional engineer licensed to practice in the State of New York and shall be affixed with his seal.
(3) Foundation survey. Two copies of a foundation survey by a registered professional engineer or land surveyor shall be required to be approved by the Code Compliance Director before any framing is started. This survey shall be made after the footings and foundation walls are completed and shall show the following:
(a) Foundation location showing setbacks of front, rear and side yards.
(b) Elevation of top of foundation and established road grade.
(c) Elevation of finished garage floor and established road grade.
(d) Approximate driveway layout.
(4) Additional requirements in certain cases.
[Added 12-18-1984 by L.L. No. 12-1984 Editor's Note: Original Section 3 of this local law provided that this local law shall not be deemed or construed in such a manner as to permit any activity to be conducted not otherwise permitted under applicable law. ]
(a) Where the applicant proposes activity on a lot, parcel or piece of land where the natural terrain has a natural slope of 10% (a vertical rise of 10 feet over a horizontal distance of 100 feet) or greater and where such activity is not otherwise subject to Planning Board review, the applicant may be required to supply a survey and/or plan showing the topography of the property, the location of any existing or proposed improvements, as well as the location and design of any proposed retaining walls, drainage facilities and grading. Such survey and/or plan shall be prepared by a licensed professional engineer or land surveyor and shall be at a scale of one inch equals 20 feet, or larger.
(b) Retaining walls.
 Where retaining walls are proposed or necessary exceeding three feet in height, construction of same shall be subject to the issuance of a separate building permit; and in such cases the permit for any other activity proposed to be conducted shall not be issued until the location and design of such retaining wall(s) have been approved.
 Railroad tie retaining walls shall be designed by a professional engineer or may be constructed in accordance with the detail adopted by the Code Compliance Director as the village standard.
 Retaining walls in excess of eight feet in height shall be of reinforced concrete, and all retaining walls shall be designed and constructed in accordance with Building Department standards.
[Amended 8-17-1999 by L.L. No. 12-1999]
 Reinforced concrete walls shall be designed by a professional engineer.
(c) Maximum driveway grade shall not exceed 14%, which shall start not closer than the rear edge of the existing or proposed sidewalk, the inside edge of the road shoulder (where no sidewalk exists or is proposed) or four feet from the edge of the road (where there is no sidewalk existing or proposed nor a road shoulder).
(d) The Code Compliance Director, in issuing any permit(s) in connection with such applications, may require the inclusion of a schedule of work to be performed designed to ensure that the activity is conducted without harm to adjoining properties and to prevent erosion and runoff. The Director may impose requirements, such as but not limited to the provision of temporary sheeting during the activity; the completion of retaining walls prior to framing; and adequate provision for collection, storage and recharge of runoff from impervious surfaces proposed (such as roofs and driveways).
(e) In no event shall certificates of occupancy for any buildings constructed on the premises be issued until all required site improvements, including but not limited to driveway, retaining walls, grading and drainage facilities, are completed.
D. Amendments and additional requirements.
(1) Filing. Amendments may be filed to an application, or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be attached to and be deemed a part of the original application.
(2) Alterations in plans. Alterations in or deviations from approved applications and plans during a building operation may be made without amendment, provided that they do not involve changes in structural parts, exit facilities or open spaces or reduction in size of rooms or do not violate a provision of this code or other law or ordinance.
(3) Repairs. Ordinary repairs to buildings and structures may be made without filing an application or obtaining a permit so long as they include only the replacements of existing work with the same kind of material used in the existing work and do not include additional work involving structural changes in any part of the building, exit facilities or open spaces or the size of rooms or any work that would be a violation of a provision of law or ordinance.
(4) Limitation. Nothing in this code shall require any changes in the plan, construction or designated use of a building or structure for which a lawful permit has been issued heretofore or which has been otherwise lawfully authorized.
E. Action on application.
(1) General procedure. It shall be the duty of the Director to examine applications for permits. If, upon examination, it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto and the proposed construction will be safe, he shall approve the application and issue a permit. If his examination reveals otherwise, he shall reject such application within 30 days after filing, giving the applicant a statement of his reason for rejection. The Director shall, when otherwise mandated, refer to the Architectural and Historic Review Board those applications for permits required to be submitted to such Board. No permit shall then be issued until the Board approves the application or until approval is otherwise obtained by law.
(2) Signature. All permits shall be drawn in duplicate and shall be signed by the Director. One copy shall be delivered to the applicant and the other filed in the office of the Director.
(3) Posting. A copy of the permit shall be kept on the premises and be open to public inspection during the performance of the work until the completion of same. The Director shall require a certified copy of the approved plans and specifications to be kept on the premises at all times, from the commencement of the work to the completion thereof.
(4) Approval in part. The Director may issue a permit for the construction of part of a building, except single-family dwellings, when plans and detailed statements have been presented for the same before the entire plans and detailed statements of said building or structure have been submitted or approved, provided that the plot diagram has been filed. The part of the construction to be permitted shall be at the discretion of the Director, and any such work under this section shall be at the risk of the applicant.
It shall be unlawful to reduce or diminish the area of any lot or plot for which a plot diagram has been filed and used as the basis for a permit, so that the remaining plot fails to conform in every way with Chapter 306, Zoning, of this Code, unless a revised plot diagram showing the proposed change in conditions shall have been filed with and approved by the Zoning Board of Appeals and the Director.
[Amended 10-5-1976 by L.L. No. 12-1976]Any building permit issued hereunder shall expire one year from the date of issuance.
A. A building permit may be renewed for an additional second-year period upon the payment of 1/2 the fee that had been paid at the issuance of the building permit, provided that the applicant has commenced substantial construction and/or alteration of the subject premises during the period provided under § 106-8 hereof.
[Amended 8-5-1980 by L.L. No. 5-1980]
B. Said permit can be further extended for an additional third-year period upon the payment of 1/2 the fee that had been paid at the issuance of the building permit.
C. At the expiration of three years from the original date of issuance of the permit, the building permit shall expire and become null and void and no renewal thereof shall be permitted.
[Amended 10-5-1976 by L.L. No. 12-1976]
[Added 7-17-2001 by L.L. No. 9-2001 Editor's Note: This ordinance also provided for the renumbering of former §§ 106-10 through 106-25 as §§ 106-11 through 106-26, respectively.] ; amended 10-5-2010 by L.L. No. 8-2010]It shall be unlawful and a violation of this Chapter 106 for any person to undertake or engage in any exterior or outdoor construction activity for which a permit is required pursuant to this Code other than between the hours of 8:00 a.m. and 7:00 p.m. on weekdays or between the hours of 9:00 a.m. and 6:00 p.m. on weekends, prevailing time, except in the case of an emergency in the interest of public health and safety and then only as expressly authorized by the Code Compliance Director, Building Inspector or Village Administrator or as emergency work under Chapter 114, Buildings and Structures, Unsafe.
[Amended 7-6-1982 by L.L. No. 6-1982: 9-3-1991 by L.L. No. 10-1991; 5-5-1992 by L.L. No. 4-1992; 8-17-1999 by L.L. No. 12-1999]
A. Collection. All fees prescribed in this section shall be collected by the Director, and no permits shall be issued by him until such fees have been paid.
B. Basis for computing fees. Building permit fees shall be based upon the cost thereof, as set forth in Chapter 147, Fees, for additions, alterations and new buildings.
C. The method of estimating the cost of the proposed building addition or alteration shall be as set forth in Chapter 147, Fees.
D. The maximum fee for new construction or alterations of public buildings or buildings for religious, hospital, educational, patriotic or veterans' purposes on property exempted upon the latest village assessment roll from taxation for general village purposes and owned by a corporation or association organized exclusively for such purposes shall be as set forth in Chapter 147, Fees.
[Amended 3-19-1986 by L.L. No. 3-1986]Whenever the Director is satisfied that a building or structure or any work in connection therewith, the erection, construction, alteration, execution or repair of which is regulated, permitted or forbidden by the State Uniform Fire Prevention and Building Code or the Code of the Village of Northport, is being erected, constructed, altered or repaired in violation of the provisions or requirements of this article or in violation of a detailed statement or plan submitted and approved thereunder, he shall serve a written notice or order upon the person responsible therefor directing discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions or requirements of this article.
Whenever the Director has reasonable grounds to believe that work on any building is being performed in violation of the provisions of the applicable building laws, ordinances, rules or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent to suspend all work; and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the same to him by certified mail at the address set forth in the application for permission for the construction of such building.
The Director may revoke a building permit theretofore issued 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 and should not have been issued in accordance with the applicable law.
C. Where he finds that the work performed under the permit is not being performed 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 order issued by the building official.
A. Certificates required. It shall be unlawful to maintain, occupy or use a building or structure or part thereof that has been erected or altered in violation of the provisions of this code and the applicable state code, or for which a certificate of occupancy has not been issued by the Director.
B. In the case of change of the nature of occupancy or of use in any building, existing or to be erected, the owner or lessee must notify the Director before the proposed change is made. The Director shall thereupon cause an inspection to be made of the premises, and a certificate shall be issued for such use. No new certificate shall be issued, nor shall the building be occupied or used, unless it conforms or is made to conform to all requirements for strength of floors to carry the proposed loads, for means of egress, for light and air and for all other safety requirements of this code. In an existing building, no change of occupancy shall be made that would bring it under some special provision of law, ordinance or regulation, unless the Director finds, upon inspection, that such building conforms to the provisions of law with respect to the proposed new occupancy and use, and issues a certificate of occupancy therefor.
C. Where the code authorizes more than one occupancy in any structure, a certificate must be obtained by each occupant for the use of the premises.
D. Installation of fire hydrants. Notwithstanding any other provision of this code, no certificate of occupancy shall be issued for any building or structure located within the bounds of any final subdivision plat where the location and layout of fire hydrants on said plat have been approved by the Board of Fire Commissioners of the fire district in which said plat is located, pursuant to the applicable provisions of Chapter A312, Subdivision Regulations, Article I, Residential Subdivision Regulations and Site Improvement Specifications, of the Village of Northport, until such fire hydrants have been located and laid out in compliance with such approval and until such fire hydrants and necessary water mains and other facilities appurtenant thereto have been completed and installed and are in good operating condition.
A. Upon the completion, under a permit, of any structure or alteration, the Director shall issue to the permit holder a certificate, to be known as a certificate of occupancy, stating that the work has been completed substantially in accordance with the permit and the codes and laws applicable thereto.
B. The certificate shall state the purposes for which the structure may be used in its several parts, the maximum permissible live loads on the several floors and the number of persons that may be accommodated in the several stories in case any or all such matters are limited by law or the permit under which the construction was undertaken. No certificate of occupancy shall be issued after the expiration of one year from the date of the original building permit or renewal permit, as the case may be.
C. Certificates of occupancy and other certificates shall be issued in duplicate within 10 days after written application therefor, if the building at the time of such application shall be entitled thereto. One copy of each certificate shall be kept in the office of the Department, and one copy shall be furnished to the person having principal interest in the building affected. Duplicate copies shall be furnished to other interested persons on request. No certificates of occupancy shall be issued unless at the time of the application therefor a final approved survey shall be submitted showing the lot, the building and any other improvements thereon, together with lot and building dimensions and distances from exterior lot lines to said improvements.
Nothing in this code shall require the removal, alteration or abandonment of, nor prevent the continuance of the use and occupancy of, a lawfully existing building, except as may be necessary for the safety of life and property.
Every building and structure heretofore or hereafter erected shall be kept in good repair to maintain the conditions of safety and habitability prescribed by this article.
Any building damaged by fire, explosion, act of the public enemy or other accidental cause may, within six months, be reconstructed as it was, and a building declared structurally unsafe by duly constituted authority may be made safe, provided that if the cost of reconstruction is in excess of 1/2 of the value of the building, inclusive of foundations, such reconstructed or restored building shall be made to conform to the requirements for new buildings in all respects, but no change of use or occupancy shall be compelled or allowed by reason of such reconstruction or restoration.
[Added 8-5-1980 by L.L. No. 5-1980; amended 3-19-1986 by L.L. No. 3-1986; 8-17-1999 by L.L. No. 12-1999]Pursuant to acceptance of the State Uniform Fire Prevention and Building Code, adopted by the Village Board of Trustees of the Village of Northport on April 17, 1984, Editor's Note: See Article II of this chapter. the following provisions are hereby adopted:
A. Fire limits. The term "fire limits" shall be defined as set forth in Section 606.3 of the State Uniform Fire Prevention and Building Code.
B. Fire limits of zoning districts. The fire limits of the Village of Northport are hereby established as those areas as shown on the Zoning Map of the Incorporated Village of Northport, designated as "Central Business A District," "Central Business B District," "Central Business C District," "Neighborhood Business District," "Marine Business District" and "Highway Business District," and including any business or commercial nonconforming use located within a residential district, and such other areas which may be established as fire limits by the Board of Trustees by way of amendment to this article.
[Amended 8-11-1987 by L.L. No. 6-1987]
C. Applicability. The special fire protection requirements set forth in the aforesaid State Uniform Fire Prevention and Building Code shall be applicable to the above-described fire limits as the same is required by said State Uniform Fire Prevention and Building Code.
A. A person who shall violate a provision of this article, including the State Uniform Fire Prevention and Building Code, or fail to comply therewith or with any of the requirements thereof or with any notice, order or directive, or who shall erect, construct, alter, move or repair or has erected, constructed, altered, moved or repaired a building or structure in violation of a detailed statement or plan submitted and approved thereunder or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment; and each day such violation shall be permitted to exist shall constitute a separate offense. The giving of written notice is not a prerequisite for action under this section unless the subject of the prosecution is the noncompliance with such notice.
[Amended 3-19-1986 by L.L. No. 3-1986; 8-17-1999 by L.L. No. 12-1999]
B. The imposition of the penalties herein prescribed shall not preclude the village from instituting an appropriate action or proceeding in law or in equity to prevent an unlawful erection, construction, reconstruction, alteration, moving, repair, conversion, maintenance or use or to restore correct or abate a violation or to prevent an illegal act, conduct, business or use in or about any premises.
C. No oversight or dereliction of duty on the part of the Director or his subordinates shall legalize the erecting, constructing, altering, removing, use or occupancy of a building that does not conform to the provisions of law.
As used in this article, the following terms shall have the meanings indicated:
- The Code Compliance Director or any duly appointed Assistant Code Compliance Director.
- Each separate use occupied by a different owner or occupant
within a building.[Added 8-17-1999 by L.L. No. 12-1999]
All certificates of occupancy heretofore issued by the Village of Northport or any of its duly authorized officers are hereby certified and confirmed.
[Adopted 4-17-1984 (Appendix B, Part VII, of the 1966 Code)]
The Board of Trustees of the Incorporated Village of Northport herewith repeals its prior resolution adopted on March 2, 1965, effective June 1, 1965, which resolution adopted the then-existent State Building Construction Code.
[Amended 12-4-1984]Effective on the date of adoption of this article, the Board of Trustees herewith accepts, adopts and promulgates the New York State Uniform Fire Prevention and Building Code and declares the same to be applicable immediately in the Village of Northport.