[HISTORY: Adopted by the Board of Trustees
of the Village of Greenport at time of adoption of Code 5-16-1996 by L.L. No.
3-1996 (see Ch. 1, General Provisions, Art. I).
Amendments noted where applicable.]
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[Pursuant to Article 18 of the New York
State Executive Law, the New York State Uniform Fire Prevention and
Building Code (Uniform Code), as updated, including the International
Codes and the New York Supplement, will be the controlling provisions
in the Village of Greenport.[1]]
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[1]
Editor's Note: This statement was amended 8-24-2017 by L.L.
No. 4-2017 to clarify its language.
For the purpose of promoting the general welfare
of the Village of Greenport, the Village Board does hereby enact this
Article to regulate the use and occupation of property within the
Village of Greenport in accordance with the powers and authority granted
it under the New York Village Law. This Article contains provisions
for building permits, certificates of occupancy and inspections.
In order for a better understanding of these
matters, the following is a summary of relevant information:
A.
Building permits.
(1)
A building permit is used by the Village of Greenport
to determine whether proposed construction complies with relevant
zoning laws[1] and building codes. A permit is required prior to the
commencement of construction in order to establish the mechanism whereby
the village receives notice that construction is contemplated for
a certain piece of property. Such notice is of benefit not only to
the village but also to other interested members of the community.
(2)
The application for a building permit requires information sufficient to enable the local officials issuing the permit to make the determination that the proposed work will be in conformance with the requirements of Chapter 150, Zoning. Adoption of the permit system provides officials with an opportunity to review all proposed work for code compliance prior to the commencement of construction activity.
(3)
Exceptions to the requirements for a building permit
are the following;
(a)
Necessary repairs which do not materially affect
structural features.
(b)
Replacement of windows and doors.
(c)
Alterations to existing buildings, provided
that they:
[1]
Do not materially affect structural features.
[2]
Do not affect firesafety features such as smoke
detectors, sprinklers, required fire separations and exits.
[3]
Do not involve the installation or extension
of electrical systems.
[4]
Do not include the installation of solid-fuel-burning
heating appliances and associated chimneys or flues.
(4)
Although exceptions to the requirements for a building
permit are permitted for the three (3) types of construction listed
above, such work still must comply with any applicable provisions
of the New York Uniform Fire Prevention and Building Code. Furthermore,
it is within the power of local officials to inspect such construction
to determine whether such construction conforms to the New York Uniform
Fire Prevention and Building Code despite the fact that the minimum
standards allow exceptions.
(5)
Fees are charged by the village as part of the application
process for a building permit. These fees provide income to offset,
at least in part, the costs incurred in enforcing the code. The amount
of fees charged are established within the legislation.
(6)
The village requires a permit fee to be paid at the
time that the application is filed. The fee charged is designed to
cover the whole construction process. The initial fee is based on
an estimated cost of construction, and if the actual construction
costs are greater, the fee is adjusted to reflect the actual costs
before issuing a certificate of occupancy.
B.
Certificate of occupancy. The certificate of occupancy
is a device used to restrict the use of a building or structure to
a specific type of use or occupancy. This Article prohibits the use
of new buildings or new additions to existing buildings until a certificate
of occupancy has been issued. By issuing a certificate of occupancy,
the village acknowledges that construction has been completed and
that no material violations of applicable code provisions have been
observed during the course of construction.
C.
Inspections.
(1)
The Village of Greenport has an ongoing comprehensive
program of inspections essential to successful enforcement. Such inspections
include the following;
(a)
When a building permit has been issued, inspections
are conducted during the course of construction for the purpose of
observing the compliance of construction with the code.
(b)
Prior to the issuance of a certificate of occupancy.
(c)
Periodic general inspection by code enforcement
officers.
(d)
In response to bona fide complaints regarding
conditions or activities allegedly failing to comply with the code.
(2)
Through such inspections and procedures, compliance
with the code is enforced benefiting all property owners within the
village.
A.
It shall be the duty of the Building Inspector, who
shall be appointed by the Village Board, to enforce the provisions
of this chapter and of all rules, conditions and requirements adopted
or specified pursuant thereto.
B.
The Building Inspector and his duly authorized assistant(s)
shall have the right to enter any building or enter upon any land
at any reasonable hour as necessary in the execution of their duties,
provided that:
(1)
The Building Inspector shall notify the owner and
tenant before conducting any inspection.
(2)
The Building Inspector or his duly authorized assistant(s)
shall display identification, signed by the Village Clerk, upon commencing
an inspection.
(3)
Inspections shall be commenced in the presence of
the owner or his representative or the tenant.
C.
The Building Inspector shall maintain files, open
to the public, of all applications for certificates of occupancy and
building permits along with plans submitted therewith, as well as
final certificates and permits.
D.
The Building Inspector shall also maintain records,
open to the public, of every complaint of a violation of the provisions
of this chapter, as well as action taken as a result of such complaints.
E.
The Building Inspector shall submit to the Board of
Trustees, for insertion in the Board minutes, a written report summarizing
for each month all building permits and certificates of occupancy
issued by him, as well as complaints of violations and action taken
as a result of such complaints.
The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
A.
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
B.
Where he finds that the building permit was issued
in error 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.
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 Inspector.
Whenever the Building Inspector has reasonable
grounds to believe that work on 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 work, and any such
person 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 under construction and sending
a copy of the same by registered mail.
A.
No use or occupancy of land shall be hereafter established,
and no building hereafter erected, altered or extended shall be used
or changed in use, until a certificate of occupancy shall have been
issued by the Building Inspector in accordance with the provisions
of the State Uniform Fire Prevention and Building Code. The certificate
of occupancy specified in this section shall not be issued until approval
has been granted, in writing, by the Suffolk County Department of
Health.
B.
No building hereafter enlarged, extended or altered,
or upon which work has been performed which required the issuance
of a building permit, shall continue to be occupied or used for more
than thirty (30) days after completion of the alteration or work unless
a certificate of occupancy shall have been issued by the Building
Inspector.
C.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
building laws, ordinances and regulations and also in accordance with
the application, plans and specifications filed in connection with
the issuance of the building permit, the Building Inspector shall
issue a certificate of occupancy upon the form provided by him.
[Amended 8-15-1996 by L.L. No. 4-1996; 6-17-2004 by L.L. No. 2-2004; 1-18-2007 by L.L. No.
1-2007; 3-22-2010 by L.L. No. 1-2011]
Fees shall be as follows:
A.
One- and two-family dwelling.
(1)
New dwelling, additions, alterations and repairs to existing dwelling:
$250 plus $0.30 for each square foot of total floor areas in excess
of 500 square feet.
(2)
Accessory building, decks, fences, additions and alterations to existing
accessory building: $150 plus $0.30 for each square foot of floor
area in excess of 500 square feet.
B.
Multiple-family dwelling: hotel, motel, multiple dwelling and business,
industrial and all other buildings.
(1)
New building and additions and alterations to existing building:
$500 plus $0.30 for each square foot of floor area in excess of 500
square feet.
(2)
Accessory building and additions and alterations to existing accessory
buildings: $150 plus $0.30 for each square foot of floor area in excess
of 500 square feet.
D.
In-ground swimming pools, together with required enclosure fencing:
$300; aboveground swimming pools, together with required fencing:
$100.
E.
Demolition and removal: minimum of $75 and $0.15 for each square
foot in excess of 300 square feet of floor area.
F.
Signs. All signs, except signs permitted by § 150-15, shall be $1 for each square foot of sign area; minimum of $75.
H.
Zoning Board fees.
(1)
Area variance; each petition for a zoning amendment shall be accompanied
by a fee of $400 for residential and $500 for commercial, payable
to the Village Clerk upon the filing thereof. No fee shall be required
for petitions filed in favor of or against a pending application.
(Plus $100 for each additional variance item requested).
(2)
Property divisions: fee of $500 and $1,000 per lot.
(3)
Use variances: $600.
I.
Planning Board fees.
(1)
Use evaluation within permitted uses not requiring site plan review:
$175.
(2)
Site plan and SEQRA review: $500.
(3)
Site plan review when site is larger than two acres or the cumulative
square footage of the building or buildings exceeds 10,000 square
feet or if the anticipated cost of the project when completed exceeds
$500,000: $1,000.
J.
Wetland permits issued by the Board of Trustees. Fees will be based on the cost of the work for all dredging, bulkheading, dock building, filling in wetlands or any permit requiring Board of Trustees' approval. (Note the fees stated below supersede those fees stated in § 142-7, wetland permit fees.
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Cost
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Fee
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Up to $1,000
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$100
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Each additional $1,000 or part thereof to and including $15,000
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$40
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Each additional $1,000 or part thereof to and including $50,000
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$20
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Each additional $1,000 or part thereof over $50,000
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$20
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K.
Other fees.
[Amended 12-22-2014 by L.L. No. 2-2015]
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Type
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Fee
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Flammable liquid tanks
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$100
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Solid-fuel-burning appliance
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$75
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Fences
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$75
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Hot tubs (outside)
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$50
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Permit fee for late application
(Construction has commenced before building permit application
has been received.)
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Double the amount of fee
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Permit fee after stop-work order
(Construction continues after notification by stop-work order
or notice of violation.)
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Triple the amount of fee
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Building Inspector initial inspection of a fire suppression
system installation
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$100
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[Added 5-24-2018 by L.L. No. 3-2018]
Each retail and commercial space, and each premises with a space
used for public assembly, shall be inspected by the Greenport Village
Fire Marshal for compliance with the New York State Uniform Fire Prevention
and Building Code and Greenport Village Code at least once per calendar
year in addition to any other inspection provided by law or hereunder.
The Board of Trustees may set by resolution a form and application
and a fee for this inspection.
[Added 5-24-2018 by L.L. No. 3-2018]
A.
In addition to any other inspection provided hereunder or by law,
each retail and commercial space, and each premises with a space used
for public assembly, shall be inspected by the Greenport Village Fire
Marshal for compliance with the New York State Uniform Fire Prevention
and Building Code and Greenport Village Code prior to any change in
use, occupancy or tenancy and as follows;
(1)
In the event that the change of use, occupancy or tenancy creates, changes, or continues a conditional use, or requires a building or other permit under the New York State Uniform Fire Prevention and Building Code or Greenport Village Code, then the Fire Marshal shall refer the application to the Building Inspector and the Planning Board pursuant to § 150-29 of the Greenport Village Code for conditional uses and § 150-30 for all uses, and an application for a review by the Planning Board shall be required; and
(2)
In the event that the change of use, occupancy or tenancy does not
create, change, or continue a conditional use and does not require
a building or other permit under the New York State Uniform Fire Prevention
and Building Code or the Greenport Village Code, then the Fire Marshal
shall approve the use on a form to be created by the Village and refer
that approval to the Village Building Department.
(3)
Change in occupancy or use shall include any change in configuration
of a premises, and any change or alteration in the primary use or
addition or removal of a secondary or accessory use.
B.
In the event that the inspection to be performed by the Fire Marshal
shall be of a premises which includes a place of public assembly or
a premises or use where an RPZ valve is required, then the Fire Marshall
inspection shall include an inspection of the certification of the
sprinkler system or the system, and the determination of the existence
or operation of an RPZ valve.
[Added 5-24-2018 by L.L. No. 3-2018]
The failure to obtain or to permit the inspection required by
this chapter or for the owner or tenant of a premises to open or operate
a business without the required inspection or approval shall be punishable
by a fine in the amount of $250. Each and every day that the violation
shall exist shall be a separate violation punishable as a separate
offense of this chapter with a separate fine.
