[HISTORY: Adopted by the Board of Trustees
of the Village of Flower Hill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-6-1976 as Art. I of Ch. 8 of the 1976 Code]
[Amended 11-10-1999 by L.L. No. 3-1999; 10-5-2006 by L.L. No. 3-2006]
The Village of Flower Hill hereby adopts the
standards of the New York State Fire Prevention and Building Code
(Uniform Code) in accordance with the provisions of § 381
of the New York Executive Law.
A.
Building permits required. Except as otherwise provided in Subsection B hereof, a building permit shall be required for any work that must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained the same from the Village.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Painting, wallpapering, tiling, carpeting, or other
similar finish work.
(2)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances.
(3)
Repairs, provided that the same do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition, or portion thereof or of any structural beam or load-bearing
component;
(b)
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
that affects egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
The removal from service of all or part of a
fire protection system for any period of time.
C.
The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B hereof shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Waiver per
New York Department of Health regulations regarding location of septic
systems.
[Added 5-2017 byOrd. No.
9-2017]
(1)
Purpose.
The State of New York Codes, Rules and Regulations, Title 10, Department
of Health, Chapter II, Part 75, Standards for Individual Onsite Water
Supply and Individual Onsite Wastewater Treatment Systems, Appendix
75-A, Wastewater Treatment Standards - Residential Onsite Systems
[Statutory Authority: Public Health Law § 201(1)(l)], 75-A.4,
Soil and Site Appraisal,[1] regulates separation requirements for septic systems,
that mandates that the distance between a dwelling and septic system
and property line and septic system be 10 feet each. As many properties
in the Village of Flower Hill do not have front yards sufficient to
allow such separation, the Board of Trustees has determined that a
waiver of this section is required.
[1]
Editor’s Note: See 10 NYCRR 75 et seq.
(2)
Waiver.
Where the distance between a septic system leaching pool and dwelling
is less than 20 feet and the distance between a septic system leaching
pool and a property line is less than 10 feet as required by regulations,
the Building Inspector shall have the authority to approve the installation
and location per the 1979 General Waiver to Nassau County by the New
York State Department of Health.
[Amended 11-10-1999 by L.L. No. 3-1999]
The Village Clerk or Village Clerk-Treasurer
be and is hereby instructed to file a certified copy of this article
in the principal office of the State Fire Prevention and Building
Code Council and in the office of the Secretary of State at Albany,
New York.
[Adopted 1-6-1976 as Art. II of Ch. 8 of the 1976 Code]
A.
No building or structure or part thereof shall hereafter
be moved, erected, constructed, reconstructed, demolished, extended
or altered unless it is in conformity with the provisions herein contained.
B.
A building damaged by fire or other casualty to an
extent less than 1/2 of the reproduction cost of said building, exclusive
of foundations, may be repaired or restored so as to conform to its
original condition, plan, construction or use, or may be reconstructed
in any of its parts, as the Board of Trustees may specify in the permit.
However, new elevator, plumbing, HVAC or electrical equipment shall
conform to the provisions of this article.
[Amended 11-6-2000 by L.L. No. 3-2000]
C.
All changes to natural grade made by either filling
or cutting shall require a building permit application and proper
engineering drawings.
[Added 6-7-2004 by L.L. No. 12-2004]
D.
At any site within the Village undergoing any construction,
alteration, renovation, or demolition, with an open excavation or
uncapped foundation greater than two feet, or where the structure
situate thereon is unoccupied and contains any unsecured or open portal,
a continuous perimeter, temporary chain-link fence no less than five
feet nor greater than six feet in height shall be installed and maintained,
which fence shall have an access gate that is to be locked when the
premises is unoccupied or the site is vacant. The aforesaid fence
shall be maintained in sound condition until construction, alteration,
renovation, or demolition is completed or the unoccupied structure
is completely enclosed and secure and any excavated areas are restored
to grade. All building materials, dumpsters, storage containers, waste
containers, portable toilets, and construction equipment or vehicles
shall be contained within the secure area.
[Added 12-4-2006 by L.L. No. 6-2006]
E.
Any premises holding a building or miscellaneous permit
for construction, alteration, renovation, or demolition shall be maintained
in a safe and sanitary manner, including, but not limited to, maintenance
of grass height and shrub growth, as provided in this Code. Solid
waste, litter and construction debris shall be contained within the
fenced area and shall not, whenever practicable, be in view of the
public, and shall be removed on a daily basis. All portable toilets
shall be located in rear yards whenever possible and, if located in
a front or side yard due to construction constraints, shall be removed
to the rear yard as soon as possible. No portable toilet shall be
located within 15 feet of the roadway nor 10 feet of the side or rear
property lines. Portable toilets must be located inside the enclosed
perimeter fence on the property.
[Added 12-4-2006 by L.L. No. 7-2006]
F.
A permit shall be required for any storage container
intended for the purpose of temporarily storing or keeping household
goods or property outside of the primary structure. The container
shall not exceed 120 square feet in size nor be greater than eight
feet in height. No such container shall be located upon the property
unless a valid permit shall have previously been issued. No container
shall be located less than 15 feet from the roadway nor less than
10 feet from a side or rear property line. Storage container permits
shall expire six months after issuance; renewals shall be made prior
to expiration. The Board of Trustees shall establish the permit fee
for any such container by resolution.
[Added 12-4-2006 by L.L. No. 8-2006]
G.
Portable toilets.
[Added 8-3-2015 by L.L.
No. 4-2015]
(1)
If permanent
toilet facilities are not available on the premises, then a sufficient
number of portable toilets shall be provided for the use of construction
workers.
(2)
Location
of portable toilets. Whenever one or more portable toilets are to
be placed upon a construction site, they shall be located on the construction
site and not on a street or public right-of-way and they shall be
located a minimum of 15 feet from all curblines and at such locations
so as to minimize adverse aesthetic conditions, and the doors thereof
shall not face any street or any adjacent properties. The location
of the portable toilet is to be shown on the construction site plan.
(3)
Servicing.
Portable toilets located upon construction sites shall be serviced
at regular intervals so as to prevent overloading, the escape of materials
contained therein and so as to prevent obnoxious odors or nuisances
of any type escaping therefrom. Servicing shall only be done during
those hours where construction within the Village is permitted.
(4)
Portable
toilets to be locked after hours. All portable toilets located upon
construction sites must be locked and secured during hours where construction
within the Village is not permitted and during such periods of time
when no representative of the construction permittee or demolition
permittee, as the case may be, is present at the construction site.
If the portable toilet is located within a locked construction fence
during the hours where construction is not permitted, then an additional
lock on the toilet is not required.
H.
Permitted hours of construction.
[Added 3-6-2023 by L.L. No. 3-2023]
(1)
Construction
is permitted from 8:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to
5:00 p.m. on Saturdays. Construction outside those hours may be permitted
in the case of urgent necessity in the interest of public safety upon
approval of the Building Superintendent.
(2)
No construction
is permitted on federal holidays.
A.
Before commencing to move, demolish, erect, construct,
alter or add to any building, or to make substantial additions to
or changes in the plumbing, heating, elevator or electrical equipment
of any building, the owner, lessee, architect or builder or the agent
of any one of them shall secure, from the Board of Trustees or from
such person as the Board of Trustees may designate, a permit for the
complete operation in question. Application for such permit shall
be made in duplicate on forms to be furnished by the Village Clerk.
Whenever any proposed operation includes any demolition, such fact
shall be expressly stated.
[Amended 11-6-2000 by L.L. No. 3-2000]
B.
Such application shall be in the form prescribed by
the Board of Trustees and shall be accompanied by duplicate sets of
drawings to accurate scale. Also, any additional detailed drawings
or other information required by the Board of Trustees shall also
be furnished in duplicate. The statement of specifications or drawings
shall give the location of the proposed operation, live floor loads
for which each floor is designed, kinds of occupancies, number of
families or occupants and all necessary information with an original
reference to existing constructions, and shall include current property
survey, in duplicate, giving the location and dimensions of the lot
on which it is proposed to construct; the location of the proposed
building or buildings, structure or structures, and the locations
of any existing buildings or structures which are to remain. Such
survey shall have been dated within six months of date of filing.
[Amended 11-10-1999 by L.L. No. 3-1999]
D.
All facts in the application shall be subject to affirmation
under oath.
E.
If, in the judgment of the Board of Trustees, the
estimated cost is manifestly incorrect, the Board of Trustees may,
itself, estimate or may employ others to estimate the cost of the
work, and the expense of such estimate shall be paid by the applicant.
Any application may be amended or corrected, and must be amended if
any major change is made in plans or specifications; but no major
modifications in the actual work may be made until after such amendment
of application and the permit has been amended or a new permit issued.
F.
Where the application indicates a change in the topography
of a plot, the Building Inspector may require a topographical survey
to accompany the plans filed. This survey shall indicate existing
and proposed revisions, grades, proposed floor levels and other pertinent
data as the Building Inspector may request.
[Amended 11-6-2000 by L.L. No. 3-2000][2]
[2]
Editor's Note: Former Subsection G, regarding
cellarless houses, which immediately followed this subsection, was
deleted 11-10-1999 by L.L. No. 3-1999.
G.
The approval of plans with particular reference to
the size and depth of foundation walls is subject to the grade and
soil conditions of the building site. Upon inspection thereof the
Building Inspector at his discretion may require additional information
or work to be done to ensure the safety of the structure.
H.
No application is required and no permit shall be
necessary in the case of ordinary minor repairs; but such repairs
shall not include any alterations, the cutting away or removal of
any bearing wall, the removal or cutting away of any beam or support,
any change in or closure of any stairway or exit, the construction
or alteration of any part of the elevator equipment or of the plumbing
system or of the electric wiring, or any change in the heating apparatus
of any building.
I.
Where the application indicates a probable change
in landscaping or the existing vegetation, the Building Inspector
shall require a landscaping plan to be filed with the application.
[Added 11-6-2000 by L.L. No. 3-2000]
J.
Any application for a permit in a commercial district
shall be accompanied by a site plan.
[Added 11-6-2000 by L.L. No. 3-2000]
K.
Additional
requirements for demolition permits. In addition to all other requirements
pertaining to the issuance of permits, any application for a demolition
permit shall include a site development plan. Approval of the site
development plan by the Board of Trustees is a prerequisite to the
issuance of a demolition permit.
[Added 10-5-2009 by L.L. No. 18-2009]
A.
Copies of all approved plans and specifications shall
be kept on file by the Board of Trustees, and one set of officially
stamped copies shall be returned to the applicant upon issuance of
the permit.
B.
Conditions for issuance.
[Amended 11-6-2000 by L.L. No. 3-2000; 4-1-2001 by L.L. No.
3-2001]
(1)
The Board of Trustees shall direct the Building Inspector to issue a written permit for the prosecution of the work, after determining that the plans and specifications and the prospective uses comply with the requirements of this article, the provisions of Chapter 240, Zoning, and with applicable state law, and that any retained, existing construction is in good and safe condition.
(2)
Notwithstanding the foregoing, the Building Inspector
shall not issue any building permit for any alteration, construction,
renovation or addition of any nonresidential structure unless the
Board of Trustees shall have first approved a site plan for the entire
property on which such alteration, construction, renovation or addition
is proposed. In approving any such site plan, the Board of Trustees
may impose reasonable conditions as are directly related to and incidental
to the proposed development and use of the site. Such conditions may
include, without limitation, provisions with respect to location of
buildings and structures, location of drainage facilities, site layout
or design, hours and methods of operation, mitigation or elimination
of any adverse impact upon the community, the environment or neighboring
properties, the regulation of traffic entering, leaving or within
the site, and the like.
C.
A conditional permit may be issued after the examination
of general plans and the statement of specifications pending receipt
of further detailed information required by the Board of Trustees.
D.
During the progress of the construction, a set of
plans and the statement of specifications bearing the certification
stamp or signature of the Building Inspector shall be available for
inspection at all times. All work shall be performed in strict compliance
with such plans and specifications, and in accordance with the building
permit. A permit card shall be maintained in a location visible from
the street.
[Amended 11-10-1999 by L.L. No. 3-1999; 11-6-2000 by L.L. No. 3-2000]
E.
The provisions of this article shall not apply to
any building for which a permit has been heretofore issued, provided
that work on such building shall be begun within 30 days from the
time of passage of this article, and provided further that such work
shall be completed in its entirety within one year from such time
of passage.
[Amended 11-10-1999 by L.L. No. 3-1999]
F.
Expiration; extension.
[Amended 11-10-1999 by L.L. No. 3-1999; 11-6-2000 by L.L. No. 3-2000; 3-2-2009 by L.L. No. 2-2009; 5-1-2017 by L.L. No. 4-2017; 7-5-2017 by L.L. No. 12-2017]
(1)
Every major or minor construction permit, plumbing permit or demolition
permit expires one year after issuance, unless there is sufficient
reason to extend as determined by the discretion of the Building Superintendent
with approval by the Board of Trustees. Every permit for the construction
of a new one-family dwelling shall have an expiration of 18 months
after issuance. Every miscellaneous permit expires after three months
after expiration with the exception of dumpster and storage pod permits,
except:
[Amended 7-2-2018 by L.L.
No. 7-2018; 6-5-2023 by L.L. No. 8-2023]
(a)
If no work is conducted for any consecutive period of 90 days,
the building permit shall expire by limitation at the discretion of
the Building Superintendent with the right of appeal to the Board
of Trustees.
(b)
Unless actual construction is begun within six months of the
date of issuance of any building permit, such building permit shall
expire by limitation.
(2)
Every major or minor construction permit, plumbing permit or demolition
permit, upon approval of the Building Superintendent based upon good
cause shown, may be extended prior to its expiration as follows:
(a)
For a period of six months for a fee of 25% of the original
fee.
(b)
A second extension may be issued for a period of three months
for a fee of 50% of the original fee and must be accompanied by a
cash bond equal to the cost of the work remaining to be completed
as determined by the Building Superintendent.
(c)
The Building Superintendent may extend a permit for an additional
period not to exceed three months at the original permit fee plus
1% of the estimated cost of construction. There shall be no further
extensions available.
(d)
If a building permit expires and no application for an extension
has been received, the building permit shall then be deemed void and
may only be reopened with a new application at the original fee plus
1% of the estimated cost of construction.
(3)
Any person aggrieved by the action of the Building Superintendent
may appeal to the Board of Trustees, which may modify and grant further
time as it deems appropriate.
(4)
For every miscellaneous permit, with the exception of dumpster and
storage pod permits, upon approval of the Building Superintendent,
the following applies:
(a)
It may be extended prior to its expiration for a period of one
month for a fee of 25% of the original fee.
(b)
A second extension may be issued for a period of two months
for a fee of 50% of the original fee.
(c)
If a miscellaneous permit expires and no application for an
extension has been received, the permit shall then be deemed void
and may only be reopened with a new application at the original fee.
(5)
If work does not commence within six months from the issuance of
a building permit and the applicant requests, in writing, that the
building permit be withdrawn prior to the end of the six-month period,
then 50% of the building permit application fee shall be reimbursed
to the applicant. No building permit application fees, or portion
thereof, shall be reimbursed to the applicant upon the expiration
by limitation of a building permit.
(6)
All residential site plan approvals, Architectural Review Committee
approvals and building permit submissions that do not have any activity
that would further the issuance of a permit for a period of six months
shall be deemed expired by limitation.
[Added 2-5-2018 by L.L.
No. 4-2018]
G.
A permit may be revoked because of any false statement
or misrepresentation of material fact in the application. Notice of
the revoking of a permit shall be deemed to be duly given by service
upon a responsible individual in charge at the premises or by mailing
to the post office address of the party to whom the permit was issued.
It shall be unlawful to proceed with any building work after the revocation
of a permit.
H.
Upon the expiration or revocation of a building permit,
and where a new or extended permit is not obtained for completion
of the construction permitted thereunder, it shall constitute a violation
of this Code for the unfinished structure or any incomplete construction
to remain extant on the property in such condition, and the owner
or person in charge of such property, or both, shall be subject to
the imposition of penalties, civil or criminal, or both, for the failure
to restore the site forthwith to the condition that existed prior
to commencement of the construction. Such restoration may, in the
discretion of the Board, require the issuance of a permit therefor.
In addition to any other penalties permitted by law, the revocation
of any existing certificates of occupancy may be imposed.
[Added 9-2-1992 by L.L. No. 9-1992]
I.
A stop-work order may be issued by the Building Inspector
where construction or demolition work at a site is in violation of
the Code or of a permit issued under the Code. The failure to obey
a stop-work order shall be a violation of this Code. In addition to
any other penalties that may be imposed for such violation, any and
all permits issued at the site pursuant to this chapter may be revoked.
Upon the revocation of a permit pursuant to this section, all fees
paid thereon shall be forfeit.
[Added 11-6-2000 by L.L. No. 3-2000]
J.
Recognizing the ongoing nature of construction at
St. Francis Hospital, every permit issued in connection with the St.
Francis Hospital in the Hospital Zoning District shall expire by limitation
unless the Board of Trustees grants a further six-month extension
or extensions. Notwithstanding any other provision to the contrary,
there shall be an administrative cost fee in an amount determined
by resolution of the Board of Trustees to be paid by or on behalf
of the hospital to the Village relative to the above described six-month
extension. Any further extension or extensions may be granted by resolution
of the Board of Trustees with any further administrative cost fees
similarly assessed by resolution of the Board of Trustees.
[Added 3-7-2005 by L.L. No. 1-2005;
amended 10-15-2009 by L.L. No. 19-2009; 2-7-2011 by L.L. No. 1-2011]
K.
Upon work
being discontinued on a site for 60 or more consecutive days, any
building permits issued for the work shall be deemed to have expired.
Upon work being discontinued for 90 or more consecutive days, any
construction bond shall be forfeit.
[Added 12-7-2009 by L.L. No. 22-2009]
L.
Amnesty.
[Added 4-3-2017 by L.L.
No. 7-2017]
(1)
Intent. It is important for the safety and well-being of the Village
that work done within the Village be conducted in compliance with
all applicable codes, rules and regulations. To ensure this compliance,
it is necessary for all work that requires a permit to receive one.
It is the understanding of the Board that there are projects within
the Village which previously received permits that have expired without
the permit being satisfactorily closed upon the completion of the
work. It is also the understanding of the Board that work has been
conducted within the Village for which a permit is required, but for
which one has not been obtained. To address these concerns, this subsection
creates an amnesty period. The intention of this amnesty period is
to encourage compliance with the code by reducing, or removing, the
imposition of penalties that would normally accrue for the period
of the amnesty.
(2)
Creation of amnesty period. Notwithstanding any other provision of
the code, an "amnesty" period, as further described below, shall be
scheduled by the Board of Trustees by resolution during such time
periods as it deems appropriate.
(3)
Application.
(a)
Situations in which major or minor construction permits were
previously granted but have expired. For major or minor construction
permits, demolition or plumbing permits that have expired, an application
must be made to the Village for one further extension of six months.
The fee for this request will be $100, as opposed to the other fee
structure within the code. The request must be made before the conclusion
of the amnesty period.
(b)
For plumbing and miscellaneous permits that have expired. Within
the period of amnesty, an application must be made to the Village
for one further extension of three months. The fee for this request
will be $50, as opposed to the other fee structure in the code.
(c)
For situations in which work has been done and no permit has
been obtained. Within the amnesty period, an application must be made
to the Village to legalize the work. All normal permit fees apply
except that any penalties that would normally be imposed for work
being done without a permit are excused.
A.
No building hereafter constructed, extended, reconstructed
or altered shall be occupied until a certificate of occupancy shall
have been issued by the Board of Trustees, except that any building
occupied during alteration may continue to be occupied in accordance
with the provisions of this article for 30 days succeeding the completion
of such alteration. A certificate of occupancy shall certify that
the building involved conforms to the requirements of this article,
for the proposed occupancy, which shall be stated in the certificate.
Such certification shall apply, among other matters, to character
of construction, number of stories, purposes for which the building
may or may not be used, the permissible live loads of the several
floors and the permissible number of occupants of each story. Such
a certificate shall be issued by the Board of Trustees within 10 days
of the date of application therefor, if the building was entitled
to such certificate at the time the application was made.
B.
A temporary certificate of occupancy may be issued
for a part of a building in advance of the completion of the whole,
at the discretion of the Board of Trustees, provided that such occupancy
in no way jeopardizes life or property. A survey, made by a duly licensed
surveyor, showing the location of all structures, a diagram showing
the location of underground cesspools, tanks and other subsurface
structures, electrical certificate, statement of final cost and photos
of all facades shall be filed with the Building Inspector before the
final certificate of occupancy shall issue.
[1]
Editor's Note: Former § 85-7, Certificate
of existing use, added 11-10-1999 by L.L. No. 3-1999, which immediately
followed this section, was deleted 11-6-2000 by L.L. No. 3-2000.
No change in nature of occupancy shall be made
unless such change is authorized under the provisions of this article
and is covered by the certificate of occupancy.
Any building to be demolished shall be taken
down story by story. No materials shall be placed on any floor during
demolition that would render it unsafe, but all shall be at once lowered
to the ground.
A.
The provisions of this article shall be enforced,
and all building operations shall be observed by the Board of Trustees
or Building Inspector or such other person as the Board of Trustees
may designate. The Board of Trustees or its representative shall keep
records of his acts and decisions and shall cause to be filed with
the Village Clerk or Village Clerk-Treasurer, monthly, a detailed
statement in writing of buildings erected or altered during the month
preceding; of permits issued and of the estimated cost of work covered
by such permits; of inspections made, violations found and actions
taken with respect to such violations; and of certificates of occupancy
issued. Dereliction of the Board of Trustees or the Inspector, in
his duties, shall not legalize any violation of the provisions of
this article.
B.
The Building Inspector is authorized to issue and
serve appearance tickets in the manner provided in the Criminal Procedure
Law for violations of this article.
[Added 3-4-1985 by L.L. No. 1-1985]
[Amended 11-6-2000 by L.L. No. 3-2000]
The Building Inspector may request admittance,
at a reasonable time and upon due notice to an occupant or an owner,
onto any property or into any structure in the Village where he has
reasonable grounds to suspect that a violation or unsafe condition
exists, and the refusal, failure or neglect to admit him shall constitute
a violation of this Code. At any site at which a building permit has
been issued, the Building Inspector shall have the right to enter
and inspect the work at a reasonable hour, without notice, and the
refusal, failure or neglect to admit him shall constitute a violation
of this Code, and shall be grounds for the cancellation of this building
permit.
The Board of Trustees shall have authority to
order, conduct or accept tests for any building materials or construction
and to prescribe the procedure for the approval of new materials or
construction not covered in this article. Such procedure shall include
due public notice and listing and placing on file of all orders and
regulations.[1]
[Added 7-6-2009 by L.L. No. 12-2009]
Notwithstanding any of the foregoing, the use of synthetic stucco
for residential construction projects is prohibited.
B.
Notice of the violation of any of the provisions of
this article shall be given in writing to the owner or his agent,
either by delivering the same to him personally or mailing the same
by registered mail to his last known post office address; and if such
owner cannot be served with reasonable diligence or if his post office
address cannot be ascertained, then notice shall be given by posting
such notice of violation in a conspicuous place on the premises where
such alleged violation has occurred. In either event a copy of the
notice of the violation shall be filed in the office of the Village
Clerk or Village Clerk-Treasurer.
C.
In addition to any right or remedy granted the Building
Inspector by this article, he may in his discretion, through the Village
Attorney, institute any appropriate action or proceeding at law or
in equity to restrain, correct or remove such violation or the execution
of any work thereon or to restrain or correct the erection or alteration
of or to require the removal of or to prevent the occupation or use
of the building or structure erected, constructed or altered in violation
of or not in compliance with any of the provisions of this article.
D.
In addition
to any of the above penalties, the fee to legalize existing construction
shall be 2% of the cost of construction based upon prevailing current
rates in effect at the time of application as determined by the Building
Inspector, with an additional imposed penalty of three times the application
fee.
[Added 8-3-2009 by L.L. No. 13-2009[1]]
[1]
Editor's Note: This local law also provided that it would
take effect six months from passage, thereby providing for an amnesty
period.
[Amended 11-6-2000 by L.L. No. 3-2000]
Any applicant for a permit or any owner, lessee,
architect or builder or agent thereof who may be conducting a building
operation shall have the right of appeal to the Board of Appeals from
any decision or act of the Inspector, provided that such appeal is
filed within 60 days of the rendering of such opinion or the commission
of such act.
[Added 5-4-2009 by L.L. No. 6-2009]
Any permit granted under this Code for which
there is no other expiration period specifically otherwise set shall
expire three months from the day upon which it was granted.
[Added 12-7-2009 by L.L. No. 25-2009; amended 5-3-2010 by L.L. No. 7-2010; 2-6-2017 by L.L. No. 3-2017]
A.
Definition. A surety bond is defined as a three-party agreement that
legally binds together a principal who needs the bond (property owner
or contractor), an obligee who requires the bond (Village) and a surety
company that sells the bond. If the principal fails to perform the
agreement by not completing all work that would result in a certificate
of occupancy, the bond will cover the cost of full completion by the
Village or surety company.
B.
A surety bond or deposit (may also be known as a performance bond, construction bond, site improvement bond, contract bond or by some other name), in the sum set forth in Chapter A243, Fees, Charges, and Deposits, shall be posted by an applicant who is required to do so in order to guarantee completion by the surety company or reimbursement to the Village for any costs incurred by the noncompletion of a project to the point where a certificate of occupancy would be issued.
C.
The bond or deposit amount shall be established by resolution of
the Board of Trustees and may be changed from time to time as the
Board deems necessary.
D.
For the purposes of this section, the completion of construction
and issuance of a certificate of occupancy shall be a reimbursable
event.
