It shall be the duty of the Building Inspector
and he is hereby given the power and authority to administer and enforce
this chapter. No building permit or certificate of occupancy shall
be issued by him except where the provisions of this chapter, the
Building Code or any pertinent town, county or state requirements
have been complied with.
The Building Inspector shall require that the
application for a building permit and the accompanying plot plan and
plans (architectural and mechanical) shall contain all the information
necessary to enable him to ascertain whether the proposed building
complies with the provisions of this chapter and the Building Code.
No building permit shall be issued until the
Building Inspector has certified that the proposed building or alteration
complies with all the provisions of this chapter and the Building
Code.
No building or structure shall be erected or
altered until a building and/or plumbing permit has been issued by
the Building Inspector. All applications for such permits shall be
in accordance with the requirements of this chapter and, except upon
written order of the Board of Appeals, no building permit or certificate
of occupancy shall be issued for any building or structure where said
construction, alteration or use thereof would be in violation of any
of the provisions of this chapter.
An application for a permit shall be submitted
in such form as the Building Inspector may prescribe. Such application
shall be made by the owner of record or the owner's agent, if duly
authorized, in writing.
Application for permits shall be accompanied
by three copies of drawings of the proposed work drawn to scale, including
floor plans, elevations, structural details and plot diagrams as the
Building Inspector may require.
Nothing in this article shall prohibit the filing
of amendments to an application or to a plan or other drawing of the
work for which a permit was sought. Such amendment, after approval,
shall be filed with and be deemed a part of the original application
(see the Village fee schedule[1]).
[1]
Editor's Note: The Village fee schedule is
on file in the office of the Village Clerk.
Repairs to buildings or structures may be made
without filing an application or obtaining a permit, provided that
no structural alterations be made and further provided that such repairs
are in accordance with the provisions of this chapter.
Nothing in this chapter shall require changes
in plans, construction or designated use of a building, the construction
of which shall have been actually begun within 30 days after this
chapter becomes effective and which shall be completed within one
year thereafter.
A permit shall be secured for the demolition
of a building. The work of demolition shall be completed within four
months after the permit is issued. All debris shall be cleaned up
and all excavations filled to within one foot of grade. The Village
may require a demolition bond to assure completion of the work of
demolition cleanup and restoration.
Applications for permits shall be examined within
a reasonable time after filing and, if after examination it appears
that the proposed work is in compliance with the provisions of this
chapter and all other laws applicable thereto and that the proposed
construction of work shall be safe, a permit shall be issued. If an
examination reveals otherwise, the application shall be returned as
rejected and the findings noted in a report attached to the application.
The Building Inspector may issue a permit for
the construction of part of a building or structure before the entire
plans and specifications of said building or structure have been submitted
or approved, provided that satisfactory plans and/or specifications
satisfactory to the Building Inspector have been presented for the
same and have been found to comply with this chapter.
A bond may be required by the Building Inspector
to indemnify the Village for damage caused by the moving of a building
or structure. If such a bond is requested, no permit to remove a building
or structure shall be granted until the bond is filed with the Village
of Islandia.
All work performed under a permit issued by
the Building Inspector signed by him or his authorized assistant shall
conform to the approved application, plans and approved amendments
thereof.
A permit shall expire one year after the date
of issuance. Upon payment of the proper fees, a permit may be renewed,
but not more than three one-year renewals may be granted.
The Building Inspector may revoke a permit or
approval issued under the provisions of this chapter if there has
been any false statement or any misrepresentation as to a material
fact in the application or plans on which the permit or approval was
based or upon a check or draft that has been returned for any reason
or if other necessary approvals or permits required by the state or
County of Suffolk have not been obtained within the time prescribed.
The building permit shall be visibly displayed
until such time as a certificate of occupancy has been obtained. The
Building Inspector shall require a certified copy of the approved
plans to be kept on the job site at all times until completion of
the work.
If the Building Inspector finds that work is
defective or illegal or is in violation of a provision or a requirement
of this chapter or the Building Code or finds that the continuance
of a building operation is contrary to public welfare, he may order,
orally or in writing, that all further work be stopped until the condition
in violation has been remedied.
No land shall be occupied or used and no building
hereafter erected, enlarged, extended or altered shall be so occupied
or used in whole or in part until a certificate of occupancy certifying
that such building conforms to the approved plans and the requirements
of this chapter and stating the purposes for which the building may
be used in its several parts and any special stipulations shall have
been issued by the Building Inspector and signed by him or his authorized
assistant. If the occupancy or use of a building is not discontinued
during the work of alteration, the occupancy or use of the building
shall not be continued for more than 30 days after completion of the
alteration unless a certificate shall have been issued by the Building
Inspector.
A.
The Building Inspector may issue a certificate of
zoning compliance in place and instead of a certificate of occupancy
whenever he deems a certificate of zoning compliance more appropriate
than a certificate of occupancy for all or part of a vacant unoccupied
shell or unoccupied building; provided, however, that the procedure,
prerequisites and fees for obtaining a certificate of zoning compliance
shall be the same as are applicable to a certificate of occupancy,
and further provided that the term "certificate of occupancy" used
in various places throughout this chapter shall be deemed to include
the term "certificate of zoning compliance." No portion of the vacant
unoccupied shell or unoccupied building may be occupied in whole or
in part unless and until an appropriate certificate of occupancy shall
be issued for the intended use and occupancy of a vacant unoccupied
shell and unoccupied building.
B.
The Building Inspector shall be authorized to issue
a certificate of compliance in place of a certificate of occupancy
for accessory structures and uses such as sheds, detached garages,
decks, swimming pools and fireplaces after the payment of the necessary
fees and the filing of the required plans, specifications and applications.
C.
The Building Inspector shall also be authorized to
issue a certificate of compliance in lieu of a certificate of occupancy
in all instances where additions, fire damage, repair or interior
work was performed or construction completed prior to the applicant
having obtained the necessary permits and where the Building Inspector
can only review the work performed by visual inspection.
[Amended 1-2-2003 by L.L. No. 1-2003]
No occupancy or use shall be made of land or
a building that is not consistent with the last-issued certificate
of occupancy for such building or use of land unless a permit is secured.
In case of an existing building, no change of occupancy that would
bring it under some special provision of this chapter shall be made
unless the Building Inspector, upon inspection, finds that such building
conforms substantially to the provisions of this chapter and the New
York State Uniform Fire Prevention and Building Code.
An application to the Village Board or the Zoning Board of Appeals may result in the imposition of conditions of restrictive covenants by deed or stipulation; the owner or tenant shall perform the obligations created thereby. The conditions or restrictions so imposed shall be a continuing obligation requiring that compliance therewith be continued during the duration of the use of the premises pursuant to such application. The failure to comply with any and all covenants, conditions or restrictions so imposed shall be deemed a violation of this article, subject to the penalties provided in § 177-119.
A fee shall be collected for the obtaining of
a copy of this chapter with amendments and/or individual amendments,
which fees shall be as determined by the Village Board.
[Added 2-1-1996 by L.L. No. 2-1996]
A.
SINGLE AND SEPARATE STATUS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The condition where a lot has existed in nonconformance with
a zoning local law or amendments thereto since prior to existence
of the restricting local law. Proof of this status is a chain of title
showing no common ownership between subject parcel and surrounding
parcel(s) since institution of the restricting local law.
B.
Procedure.
(1)
Proof of single and separate ownership shall be submitted
to the Village Board in the form of a certification made by an attorney
or recognized title company on a form prescribed by the Building Inspector,
accompanied by a chain of title of the subject property and all contiguous
property and also a survey prepared by a licensed surveyor identifying
the contiguous lot numbers and/or properties.
(2)
The Village Board shall make a determination and shall
impose such conditions as it deems necessary. Such conditions shall
be consistent with the spirit and intent of this chapter and shall
be imposed for the purpose of minimizing any adverse impact such variance
may have on the neighborhood or community.
C.
Requirements for separately owned lots in a Low-Density
Residence District or a Medium-Density Residence District:
(1)
A single-family dwelling may be erected on any lot
which was separately owned at the time of the passage of the local
law or on any lot separately owned at the time of any amendments thereto
heretofore adopted and which has not come into common ownership with
adjoining property and conforms to the area density requirements of
the amended zoning local law prior to any such amendment and conforms
to all other minimum requirements of this chapter.
(2)
A single-family dwelling may be erected on any lot
which was separately owned at the time of passage of the local law
or on any lot separately owned at the time of any amendment thereto
heretofore adopted and which has not come into common ownership with
adjoining property and conforms to the width of lot requirements of
the amended zoning local law prior to any such amendment and conforms
to all other minimum requirements of this chapter.
(3)
A single-family dwelling may be erected on any lot
which was separately owned at the time of the passage of the local
law or any amendment thereto heretofore adopted and which has not
come into common ownership with adjoining land at any time thereafter
and which shall meet all other requirements hereunder and shall maintain
the following requirements as to side yards:
(a)
In the case of a plot having a width of at least
40 feet but less than 50 feet, the sum of the width of the two side
yards shall be 16 feet with a minimum width of either of such yards
of six feet.
(b)
In the case of a plot having a width of at least
50 feet but less than 60 feet, the sum of the width of the two side
yards shall be 20 feet with a minimum width of either of such yards
of 10 feet.
(c)
In the case of a plot having a width of at least
60 feet but less than 75 feet, the sum of the width of the two side
yards shall be 24 feet with a minimum width of either of such yards
of 12 feet.
(d)
In the case of a plot (in the Low-Density Residence
District only) having a width of at least 75 feet but less than 100
feet, the sum of the width of the two side yards shall be 32 feet
with a minimum width of either of such yards of 16 feet.
D.
Requirements for separately owned lots in other districts.
(1)
A permitted building may be erected on or a permitted
use may occupy any lot which was separately owned at the time of the
passage of this chapter and which has not come into common ownership
with adjoining property and conforms to the area density requirements
of the zoning local law prior to such codification and conforms to
all other minimum requirements of this chapter.
(2)
A permitted building may be erected on or a permitted
use may occupy any lot which was separately owned at the time of the
passage of this chapter and which has not come into common ownership
with adjoining property and conforms to the width of lot requirements
of the zoning local law prior to such codification and conforms to
all other minimum requirements of this chapter.
[Amended 2-1-1996 by L.L. No. 2-1996]
Upon presentation of the application for building
permits for any multiple-family structure to the Inspector, the applicant
shall be required to submit proof satisfactory to the Planning Board
that suitable and adequate contribution has been made for the recreational
needs of Village residents. In lieu of such proof, a fee as established
in the Village fee schedule[1] shall be paid with the application for, and prior to,
issuing building permits.
[1]
Editor's Note: The Village fee schedule is
on file in the office of the Village Clerk.
