[Adopted by Ord. No. IV]
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 of the provisions
of laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures,
including plumbing and drainage work therein, and the installation
and use of materials and equipment therein, and the location, use,
occupancy and maintenance thereof.
B.
He shall receive and examine and approve or disapprove,
within a reasonable time after receipt thereof, applications for 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 insuring compliance with laws, ordinances
and regulations governing building construction.
C.
He shall receive and examine and approve or disapprove,
within a reasonable time after receipt thereof, applications to install
any new plumbing or drainage work in a building or structure, or to
extend or alter any existing plumbing or drainage work, whether such
work is to be connected with a sewer or not.
D.
He shall, on complaint or other information, examine
existing and completed buildings and structures, as well as buildings
and structures under construction and shall issue all appropriate
notices or orders to remove illegal or unsafe conditions, to require
the necessary safeguards during the construction and to insure compliance
during the entire course of construction with the requirements of
such laws, ordinances and regulations. He shall make all inspections
which are necessary or proper for the carrying out of his duties,
except that he may accept written reports of inspection from other
employees of the Village or from generally recognized and authoritative
service and inspection bureaus, provided the same are certified by
a responsible official thereof.
E.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
and regulations covering building construction, he may require the
performance of tests in the field by experienced, professional persons
or by accredited and authoritative laboratories and/or service bureaus
or agencies.
[Added 9-2-2014 by L.L.
No. 3-2014]
A.
There is hereby established a Building Department within the Incorporated
Village of Port Washington North, which is hereby designated as the
department to administer and secure compliance with and enforce the
New York State Uniform Fire Prevention and Building Code ("New York
State Uniform Code") and the Municipal Code of the Incorporated Village
of Port Washington North within the Village and which shall be supervised
by the Superintendent of Buildings as defined below.
B.
There is hereby designated in the Village of Port Washington North
a public official to be known as the "Superintendent of Buildings,"
who shall be a code enforcement officer and who shall be appointed
by the Mayor with the approval of the Board of Trustees with a compensation
to be fixed by it. The Superintendent of Buildings shall, at the time
of appointment, possess, at a minimum, the qualifications required
of a code enforcement officer under the New York State Uniform Code.
C.
Except as otherwise specifically provided by law, rule or regulation
or except as otherwise provided herein, the Superintendent of Buildings
shall be charged with the duty of administering, securing compliance
with and enforcing all provisions of the New York State Uniform Code,
this code and all laws, rules and regulations applicable to housing,
building, construction, alteration, repair, property maintenance,
removal and demolition of buildings and structures, including plumbing
drainage work and the installation and use of materials and equipment
therein and the location, use and maintenance thereof and related
matters and securing compliance therewith.
D.
All references to "Building Inspector" in the Code of the Village
of Port Washington North shall also refer to the Superintendent of
Buildings as set forth elsewhere in the chapters and sections of the
Port Washington North Village Code.
The Building Inspector and his deputies are
hereby authorized and shall have the right, upon the showing of proper
credentials and in the discharge of their duties, to enter upon any
building, structure or premises at any reasonable hour, and no person
shall interfere or prevent such entry.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits and certificates issued, fees charged
and collected, inspection reports, and notices and orders issued.
All such records shall be public records.
B.
The Building Inspector shall annually submit to the
Village 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.
The Building Inspector may request, so far as
may be necessary in the discharge of his duties, the assistance and
cooperation of the Police, Fire and Health Departments, and all municipal
officials exercising any jurisdiction over the construction, use or
occupancy of buildings or the installation of equipment therein.
A.
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, removal, improvement,
demolition or conversion of any building or structure, or part thereof,
or change the nature of the occupancy of any building or structure,
or cause same to be done, without first filing with the Building Inspector
an application for such construction, alteration, moving or demolition,
or installation of an elevator or a dumbwaiter, heating or heat-producing
appliance, or equipment other than ordinary stoves or ranges, and
obtaining a permit; except that no permit shall be required for the
performance of ordinary repairs which are not structural in nature.
B.
Such application shall be made to the Building Inspector
in duplicate on forms provided by him and shall contain the following
information:
[Amended 6-7-1976 by L.L. No. 3-1976]
(1)
A description of the land on which the proposed work
is to be done, and the use district in which it is located;
(2)
A statement of the use or occupancy of all parts of
the land and the proposed building structure; the maximum occupancy
of each floor and live load on each floor;
(3)
The valuation of the proposed work;
(4)
The full name and address of the owner and of the
applicant, and the names and addresses of their officers if any of
them are corporations;
(5)
A brief description of the nature of the proposed
work;
(7)
Such other information as may reasonably be required
by the Building Inspector and other Village officials to establish
the compliance of the proposed work with the requirements of the applicable
building laws, ordinances and regulations.
C.
Applications shall be made by the owner, lessee, or
agent of either, or by the architect, engineer or other builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
D.
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 a statement of the route
to be followed. Permits from the state, county, town and/or Village
authorities shall be submitted at the time of making application for
the permit.
E.
The Building Inspector shall require a separate application
to be filed for an elevator or dumbwaiter installation, but in case
such separate application is filed by the same applicant in connection
with and relating to an application to construct or alter a building
or structure, it shall not be necessary to duplicate the affidavit
attached to, or information contained in, the application to construct
or alter.
F.
Nothing in this section shall prevent the Building
Inspector from requiring such additional information as may be necessary
to an intelligent understanding of any proposed work.
G.
Each application for a building permit shall be accompanied
by triplicate drawings and specifications, prepared by or under the
direct supervision of a registered architect or professional engineer,
bearing his seal and signature, and duplicate property surveys of
existing conditions prepared by a licensed land surveyor. The applicant
shall type or print legibly all pertinent information on the applications.
In addition to plans, elevations, sections and other necessary and/or
required details, a plot plan shall be included on the drawings, drawn
to scale, and shall show the location, size, shape and dimensions
of the property, the setbacks from the property lines, and the size
of all existing and proposed buildings, additions, and/or structures
on the property. The Building Inspector may waive the requirements
for filing drawings and specifications for minor alterations.
[Amended 5-4-1987 by L.L. No. 3-1987]
H.
An application to demolish shall give the full name
and address of the owner or owners, the applicant and the person who
is to do the work, and the lot number or street number of the premises.
I.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Building
Inspector and approval received from the Building Inspector prior
to the commencement of such change of work.
J.
No building permit shall be issued for or in connection
with any parcel of realty until the applicant for said permit shall
have received the approval of a site or topographical map providing
for drainage facilities and drainage so as to insure adequate protection
for the surrounding areas, except in those instances where the Building
Inspector deems, due to topography, it not necessary. Said topographical
map shall include all factors which are material, i.e., surface drainage,
existing structures, future development, elevations of surrounding
areas, actual and potential capacities of all stormwater basins and
pools, and the size thereof. Said topographical survey shall be submitted
to the Building Inspector after the necessary approvals shall have
been obtained from the Nassau County Department of Public Works in
accordance with the requirements of the General Municipal Law, § 239,
if required.
K.
No building permit shall be issued for or in connection
with any parcel of realty until the applicant for said permit shall
have received such approval of the proposed construction or alteration
as may be required by other governmental or municipal agencies, e.g.,
New York State Department of Labor, Nassau County Fire Marshal's office,
etc.; a copy of such approval shall be stamped or endorsed on a copy
or copies of the plan filed with the application for the building
permit.
L.
Pursuant to General Municipal Law § 125,
no building permit shall be issued without obtaining from the permit
applicant either:
[Added 4-14-2003 by L.L. No. 1-2003]
(1)
Proof that workers' compensation insurance and disability
benefits coverage issued by an insurance carrier in a form satisfactory
to the Chair of the Workers' Compensation Board, as provided for in
§ 57 of the Workers' Compensation Law, is effective; or
(2)
An affidavit that the permit applicant has not engaged
an employer or any employees, as those terms are defined in § 2
of the Workers' Compensation Law, to perform work relating to such
a building permit.
M.
Demolition permits.
[Added 9-26-2005 by L.L. No. 7-2005]
(1)
No building permit for demolition, hereinafter sometimes
referred to as a “demolition permit,” shall be issued
if such permit is for the demolition of all or substantially all of
a principal structure on a lot until the applicant has first received
either:
(a)
A permit for the construction of a new principal
structure on said lot;
(b)
A permit for the alterations which must necessarily
be completed to once again make the structure substantially habitable;
or
(c)
A landscape plan, which shall include, but not
be limited to, landscaping, grading and stormwater retention, approved
by the Village’s Planning Board.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and the documents filed therewith. He shall approve or disapprove
the application within a reasonable time.
B.
Upon approval of an application for a permit and upon
receipt of the legal fees therefor, the Building Inspector shall issue
a 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 an application for a building permit,
both 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 files 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 an application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
ordinances and regulations, the Building Inspector shall disapprove
the same, and one set of plans and specifications shall become part
of the public record, and one set shall be returned to the applicant.
Upon request of the applicant, the Building Inspector shall cause
such refusal, together with the reasons therefor, to be transmitted
to the applicant in writing.
A.
Every building permit, except a demolition permit,
shall be effective to authorize the commencement of work in accordance
with the application, drawings, and specifications on which it is
based for a period of one year after the date of its issuance.
[Amended 5-4-1987 by L.L. No. 3-1987; 9-26-2005 by L.L. No.
7-2005]
(1)
Upon request and application to the Building Department
by the owner, the Building Inspector may allow not more than two extensions
of six months.
(2)
Upon good cause, further extensions are authorized
by the Board of Trustees, based upon such conditions as the Board
of Trustees may deem appropriate to impose in order to attempt to
assure due diligence in the timely completion of the work.
(3)
Any project which is not completed within one year
from the date of issuance of a building permit, or within such extended
period as may be authorized by the Building Inspector or the Board
of Trustees shall be deemed abandoned.
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 applicable building ordinances or regulations. All work shall
conform to the approved application, plans and specifications.
C.
The location of a new building or structure, or an
extension of an existing building or structure, shown on an accepted
and approved plot diagram or an amendment thereof shall be strictly
adhered to.
D.
It shall be unlawful to reduce or diminish the area
of any lot or plot of which a plot diagram has been filed and has
been used as the basis for a permit, unless a revised plot diagram
showing the proposed change in condition shall have been filed and
approved; provided, however, that this shall not apply when the lot
area is reduced by reason of a street opening or widening or other
public improvement.
E.
The Building Inspector shall be given at least 24
hours' notice of the starting of work under a permit.
F.
Before ceilings, walls or partitions of any work for
which a permit is required are covered with lath, plasterboard, plaster
ceiling or other covering, the Building Inspector shall be notified.
Within three days after receipt of such notice, he shall inspect the
same. No such ceilings, walls or partitions shall be covered until
permission to do so has been granted by the Building Inspector.
G.
No foundations or concrete shall be placed unless
and until the Building Inspector is given written notice of the placing
of same at least 24 hours prior to the time scheduled for placement.
H.
Building permits shall be prominently displayed on
the job site at all times during the progress of construction so as
to be readily seen from adjacent thoroughfares.
I.
Every demolition permit shall be effective for a period
of 30 days from the date that it is issued to authorize the commencement
of work in accordance with the application, plans, and specifications
upon which it is based.
[Added 9-26-2005 by L.L. No. 7-2005]
(1)
Upon good cause, further extensions are authorized
by the Board of Trustees, based upon such conditions as the Board
of Trustees may deem appropriate to impose in order to attempt to
assure due diligence in the timely completion of the demolition.
(2)
Notwithstanding the foregoing, the Building Inspector,
in his or her sole discretion, may extend a demolition permit for
an additional period, not to exceed an additional 60 days, so long
as all of the demolition work has been completed within said thirty-day
period, or such other period as may be approved by the Board of Trustees,
and the extension is solely needed for the purpose of acquiring and
filing the necessary documents required for a certificate of completion.
(3)
Any demolition project which is not completed within
30 days from the date of issuance of a demolition permit, or within
such extended period as may be authorized by the Building Inspector
or the Board of Trustees, shall be deemed abandoned.
A.
No building which is to have a total floor area in
excess of 10,000 square feet shall be constructed except under the
supervision of a professional engineer or architect licensed or registered
in the State of New York.
B.
No permit will be issued for the construction of a
building which is to have a total floor area in excess of 10,000 square
feet until an affidavit is filed with the Building Inspector certifying
that the construction of such building will be supervised by a professional
engineer or architect licensed or registered in the State of New York.
The affidavit shall be signed and sworn to by the engineer or architect
who will supervise the construction of such building, shall contain
a statement that said engineer or architect has examined the plans
and specifications of the proposed construction and is thoroughly
familiar therewith, and shall have his professional seal affixed.
In the event such engineer or architect shall, for any reason, discontinue
his supervision of the construction of the building at any time prior
to the completion, he shall immediately notify the Building Inspector
of such fact, and thereupon the building permit issued for such construction
shall be suspended, and no further work shall be done thereunder until
another such affidavit shall be filed with the Building Inspector
certifying that supervision of the construction has been resumed by
another or the same engineer or architect.
C.
The driving of piles shall be supervised by the professional
engineer or registered architect who shall keep a written record of
the driving and who shall certify to the bearing capacity of each
pile. A copy of said record and the certification shall be filed with
the Building Inspector prior to the placement of pile caps.
D.
During the course of construction, the Building Inspector
may require special tests and certifications with respect to the properties
of structural steel, reinforcing bar steel and concrete, and that
the same was erected, installed or placed in accordance with the plans
and specifications.
E.
No certificate of occupancy will be issued for a building
having a total floor area in excess of 10,000 square feet until a
final certificate is filed with the Building Inspector by the engineer
or architect who supervised the construction certifying that the building
was in fact erected in conformity with the plans therefor filed with
the Building Inspector.
[Amended 9-26-2005 by L.L. No. 7-2005]
A.
Abandonment of work, other than pursuant to a demolition
permit. In the event of the abandonment of any building project, other
than pursuant to a demolition permit, after any excavation or demolition
has occurred, unless otherwise directed by the Building Inspector,
it shall be the obligation of the applicant for the permit and of
the owner of the premises, jointly and severally, to:
(1)
Safely cap all underground utilities, as directed
by the Building Inspector.
(2)
Remove all underground fuel storage tanks in accordance
with all Nassau County and New York State regulatory rules and regulations,
as directed by the Building Inspector.
(3)
Backfill any open excavation up to the level prior
to the excavation and demolition, unless otherwise directed by the
Building Inspector.
(4)
If, in the opinion of the Building Inspector, as a
result of the excavation or demolition, the amount of stormwater retention
on the lot has been reduced or additional stormwater will flow onto
adjacent properties, construct a new stormwater system or modify the
existing stormwater system to assure that the amount of stormwater
retention on the lot will not be reduced and that no additional stormwater
will flow onto adjacent properties. Such system shall be subject to
the approval of the Building Inspector and shall be constructed within
60 days after the abandonment, or as otherwise approved by the Building
Inspector.
(5)
If, in the opinion of the Building Inspector, as a
result of the excavation or demolition, the existing landscaping has
been significantly reduced, implement a planting plan to enhance the
reduced landscaping to substantially the same landscaping that had
existed prior to the excavation and demolition. Such planting plan
shall be subject to the approval of the Village’s Planning Board
and shall be implemented within 60 days after the abandonment, or
as otherwise approved by such Board.
(6)
If the construction of the building or structure has
proceeded beyond the cellar excavation:
(a)
Demolish all substantially uncompleted structures.
(b)
Make safe and securely close the openings of
all other structures, in a manner approved by the Building Inspector,
in order to limit or prevent danger to persons and possible fire and
gas hazards.
(c)
Implement a planting plan to effectuate an appropriate
aesthetic appearance of the uncompleted structures from adjacent properties,
public and private. Such planting plan shall be subject to the approval
of the Village’s Planning Board and shall be implemented within
60 days of the abandonment, or as otherwise approved by such Board.
B.
Abandonment of work pursuant to a demolition permit.
(1)
If the demolition work for which a demolition permit
is issued is not completed within the thirty-day period from the date
of its issuance, or such extended period as may be approved by the
Board of Trustees or the Building Inspector, the project shall be
deemed abandoned.
(2)
In the event that any work shall be performed based
upon a demolition permit that was issued based upon a landscape plan
approved by the Village’s Planning Board, such landscape plan
shall be implemented with due diligence within 30 days of the commencement
of the demolition and shall continue with due diligence, subject to
reasonable constraints by weather or the season, and completed no
later than the third week of the first appropriate planting season,
as determined by the Building Inspector.
The Building Inspector shall have authority
to revoke permits theretofore issued in the following instances:
A.
Where he finds that there has been any false statement
or misrepresentation as to material fact in the application, plans
or specifications on which the building permit was based;
B.
Where he finds that the 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 prosecuted in accordance with the provisions of the application,
plans or specifications; or
D.
Where the person to whom a permit has been issued
fails or refuses to comply with a stop order issued by the Building
Inspector.
Whenever the Building Inspector has reasonable
grounds to believe that work on or in any building or structure is
being prosecuted in violation of the provisions of the applicable
building laws, ordinances 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, or the person performing the work, to 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 under construction
and sending a copy of same by registered or certified mail.
A.
No building hereafter erected shall be occupied or
used, in whole or in part, until a certificate of occupancy shall
have been issued by the Building Inspector certifying that such building
conforms substantially to the permit and the requirements of law applying
to buildings of its class and kind.
B.
No building hereafter enlarged or extended, or so
altered, wholly or in part, as to change its classification as a residential,
business or industrial building, and no building hereafter altered
for which a certificate of occupancy had not been issued heretofore,
shall be occupied or used, in whole or in part, until a certificate
of occupancy shall have been issued by the Building Inspector certifying
both that the work for which the permit was issued has been completed
substantially in accordance with the permit and the provisions of
law applying to such an alteration, and that the building is safe
for occupancy insofar as can be determined by visual inspection; provided
that if the occupancy or use of such building was not discontinued
during the work of alterations, the occupancy or use of the building
shall not continue for more than 30 days after completion of the alteration,
unless such certificate shall have been issued.
In those instances where work is performed under
a permit, but no certificate of occupancy is required, the Building
Inspector shall issue a certificate of completion, if it is found
that the proposed work has been completed substantially in accordance
with the permit and the laws applicable thereto. The certificate shall
also indicate the use or uses to which the structure or installation
may thereafter be put and to what extent.
In those instances where plumbing or drainage
work is to be performed under a permit, the Building Inspector shall
issue a certificate of approval of the plumbing or drainage work,
if it is found that said work has been completed substantially in
accordance with the permit and the laws applicable thereto.
A.
Before issuing a certificate of occupancy, a certificate
of completion or a certificate of approval of plumbing or drainage
work, the Building Inspector shall examine or cause to be examined
all buildings, structures, sites and work for which said application
has been filed, and he may conduct such inspection as he deems appropriate
from time to time during and upon completion of the work.
B.
There shall be maintained in the Village Office a
record of all such examinations and inspections together with a record
of findings of violations of the law.
A.
A certificate of occupancy, a certificate of completion
or a certificate of approval of plumbing or drainage work shall be
issued within a reasonable time after application therefor is made.
B.
A final survey must be submitted before a certificate
of occupancy or a certificate of completion will be issued.
Upon request, 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 such portion or portions as have
been completed may be occupied safely without endangering life, health
or the public welfare. A temporary certificate of occupancy may be
issued for a period not exceeding three months from its date of issuance
and shall be void thereafter, except that for good cause the Building
Inspector may allow a maximum of two extensions for periods not exceeding
three months each.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
with the requirements of the applicable building laws, ordinances
or regulations. the Building Inspector may require the same to be
subjected to tests by a testing agency designated by the Building
Inspector, at the applicant's own cost, in order to furnish proof
of such compliance.
[Amended 10-13-1998 by L.L. No. 4-1998[1]]
In accordance with Article 18 of the Executive
Law of the State of New York:
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or other structure, or portion thereof, or
to fail to remove or demolish any illegal building or other structure,
or any illegal portion of any building or other structure, in violation
of any provision of law, or rule promulgated by the Building Inspector
in accordance with applicable laws, or to fail in any manner to comply
with a notice, directive or order of the Building Inspector, or to
construct, alter, use, occupy or maintain any building or other structure,
or part thereof, in a manner not permitted by an approved building
or plumbing permit or certificate of occupancy.
B.
Any person who shall fail to comply with a written
order of the Building Inspector within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents, or any
other person taking part or assisting in the construction or use of
any building, who shall knowingly violate any of the applicable provisions
of law, or any lawful order, notice, directive, permit or certificate
of the Building Inspector made thereunder, or any provisions of this
Code, shall be punishable by a fine of not more than $1,000 or 15
days in jail, or both. Each day that a violation continues shall be
deemed a separate offense.
C.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person convicted
thereof.
[Amended 10-13-1998 by L.L. No. 4-1998]
A.
The Building Inspector is hereby authorized to issue an order to remedy with respect to any violation of this article, the New York State Uniform Fire Prevention and Building Code promulgated pursuant to § 370 of Article 18 of the Executive Law of the State of New York, and/or Chapter 176 of this Code of the Village of Port Washington North. Any such order to remedy may, in the discretion of the Building Inspector, order the demolition and/or removal of any illegal building or other structure, or any illegal portion of any building or other structure.
B.
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 these remedies shall be
in addition to penalties otherwise prescribed by law.
The restrictions of Chapter 176, Zoning, with respect to the location of trades and industries, the use and occupancy of buildings, the areas of yards and other open spaces, and the height of buildings and structures, shall not be deemed to be modified by any provision of this article; and such restrictions shall be controlling except insofar as this article imposes greater restrictions by reason of the type of construction used; in which case, the provisions of this article shall control.
No oversight or dereliction of duty on the part of the Building Inspector, or on the part of any employee of the Village, shall legalize the erection, construction, alteration, removal of, use or occupancy of a building or structure that does not conform to the applicable building or plumbing laws, ordinances or regulations, or that does not conform with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or that does not conform to the applicable provisions of Chapter 176, Zoning.
[Added 3-5-2013 by L.L. No. 3-2013]
A.
Purpose and intent. A building permit and other permits are required
in order to erect, alter, enlarge or structurally alter any building
or other structure in the Village of Port Washington North. A certificate
of completion is required once all work allowed by the building permit
and other permits is completed and approved by the Building Department.
(1)
There currently is an administrative fee pursuant to Chapter 91 of the Village Code to extend a building permit and penalties associated with expired building permits.
(2)
The Board of Trustees has knowledge that some residential property
owners have failed to secure the required certificate of completion
after obtaining a building permit and that said building permits have
expired.
(3)
The Board of Trustees wishes to encourage compliance with the requirement
that a property owner obtain a certificate of completion for all structures
that are erected, altered, enlarged and required under the Village
Code.
B.
Permit and amnesty program.
(1)
There is hereby established an amnesty program that shall apply to
all residential property owners whose building permits have expired
and have failed to obtain a certificate of completion.
(2)
For those applications under the amnesty program involving open expired building permits, the Building Inspector is authorized to renew said expired permit(s) and waive all fees associated with extending the building permit under Chapter 91 of the Village Code and all penalties associated with the building permit expiration.
C.
Amnesty period.
(1)
The amnesty program shall begin on the date the notice is sent out
to the residential homeowner by certified mail and end four months
from said date. The amnesty program shall not be extended without
Board of Trustee approval.
(2)
The Village of Port Washington North Building Department will begin
processing applications to extend the time of expired building permits
for residential buildings and/or structures for all past work and
work in progress without assessing any fees or penalties associated
with the building permit. Commencement shall be the date notice is
mailed out to the individual residential homeowner and expire four
months from said date.
(3)
All applicants that submit the application will receive extended
building permits and shall have four months from the date the notice
is mailed to obtain a certificate of completion from the Village of
Port Washington North without assessing fees or penalties associated
with the building permit expiration.
(4)
This amnesty period shall expire four months from the date notice
is sent out to the residential homeowner or December 31, 2013, whichever
date is earlier.
[1]
Editor's Note: Former § 68-23, Fees, as amended,
was repealed 6-14-2004 by L.L. No. 4-2004.
[Added 6-3-2015 by L.L.
No. 3-2015]
A.
Legislative intent. It is the intention of the Port Washington North
Village Board, as part of its goal to limit America's dependence
on imported sources of fossil energy, cut greenhouse gas emissions
and reduce the cost of energy for its residents, to enact the Unified
Solar Permit Process. It is important to establish a process which
establishes a standardized permit for use by all New York municipalities
that simplifies and streamlines the permitting of small-scale photovoltaic
systems and fast-tracks the permit process. The fast-track process
is modelled on the guideline recommendations of the Long Island Unified
Solar Permitting Initiative, whereby the installation of standard
solar energy systems can be standardized, simplified and accelerated
in towns and villages across Long Island.
B.
Applications and permit.
(1)
All building permit applications for installation of photovoltaic
systems on residential and nonresidential buildings shall be expedited
by the Port Washington North Village Building Department. Applications
for standard installations on residential and nonresidential property
shall be determined within 14 business days of the filing of a completed
application. If the application is incomplete or deficient it shall
be returned to the applicant within seven days of receipt by the Village
of Port Washington North Building Department.
(2)
For the purpose of this section, the term "standard installation"
shall mean those installations that meet the following criteria and
any subsequent amendment thereto:
(a)
Are not subject to architectural review;
(b)
Are proposed for installation on a roof with a single layer
of roof covering;
(c)
Are to be flush-mounted parallel to the roof surface and no
more than six inches above the surface;
(d)
Have an eighteen-inch clearing at one side of the roof ridge
and at least an eighteen-inch clearing path to the ridge;
(e)
Add a gravity 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);
(f)
Are installed by contractors which are on LIPA's pre-screened
solar contractor list;
(g)
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;
(h)
Use RSHW equipment that has been certified by the Solar Rating
and Certification Corporation under its OG-100 standard for solar
collectors;
(i)
Use other equipment such as modules, combiner boxes and a mounting
system that have been approved for public use; and
(j)
Are in full compliance with all current National Electrical
Code (NEC) requirements.
(3)
The application for the installation of a photovoltaic system
shall be in substantial conformity with the requirements of the Long
Island Unified Solar Permit Initiative and its solar energy fast-track
permit application.
C.
Waiver of fees. All building permit application fees for small-scale
photovoltaic systems on residential and nonresidential structures
shall be waived, provided the installation has not been commenced
or completed before a permit has been applied for or issued.
D.
Issuance of certificate of completion. Prior to the issuance of a
certificate of completion or compliance, a sign (or decal) shall be
affixed by the property owner to the utility meter and at any alternating
current (AC) disconnect switch indicating the existence of an operating
solar electric co-generation system on site.
