[Added 9-16-1963; amended 6-21-1965]
The inclusion of a Research and General Office District (hereinafter designated as the R-O District) as part of the comprehensive plan of land use embodied in this chapter is in accord with the development policy of the Village of Lake Success, as more specifically set forth in § 105-92.
[Amended 7-19-1971; 8-16-1971; 3-22-1976 by L.L. No. 2-1976]
Boundaries for the Research and General Office
R-O District shall be as follows:
A.
That area bounded on the north by Marcus Avenue, on
the east by Lakeville Road, on the south by property of the Long Island
Jewish - Hillside Medical Center, as presently existing, and on the
west by the boundary line of the City of New York; and
B.
That area bounded on the north by the south service
road of the Long Island Expressway, on the east by Hollow Lane, on
the south by property belonging to Union Free School District No.
7 and on the west by property belonging to the State of New York,
as presently existing.
Only such research and general office uses as
may be approved by the Village of Lake Success Board of Trustees,
upon recommendation of the Planning Board, as being in compliance
with the development policy of the Village as hereinabove referred
to shall be permitted, upon the condition that they shall comply in
all respects with the performance standards and regulations hereinafter
set forth.
All residential, commercial and industrial uses,
other than research and general office use, shall be prohibited in
the R-O District for the reasons that they are inappropriate, not
in harmony with the development policy of the Village, in conflict
with the purposes of establishing an R-O District and tend to create
an influx of traffic at inappropriate times.
With respect to any application for a building
or use permit or a certificate of occupancy for any use in the R-O
District, the Planning Board or the Building Inspector may require
the applicant, at its own expenses, to provide the Planning Board
with such evidence as they or he may deem necessary to determine whether
or not the proposed use will conform to the development policy of
the Village and the performance standards set forth above, and in
connection therewith, the Planning Board or the Building Inspector
may obtain expert advice at the expense of the applicant, and payment
in advance of the amount of such expense shall be a condition of further
consideration of the application. Where appropriate, the Planning
Board may require the installation, maintenance and operation, by
the applicant at applicant's expense, of continuous recording instruments
to demonstrate the operation or effect of operations of any machines
or devices used to control or lessen noise, vibration, glare, air
pollution, water pollution, fire hazards or safety hazards.
A.
Administrative official. The Building Inspector shall
administer and enforce this Article. He may be provided with the assistance
of such other persons as the Board of Trustees or the Planning Board
may direct.
B.
Planning Board approval. No building shall be erected,
altered or used and no lot or premises shall be used unless the Planning
Board shall have approved the proposed use, the building plans and
the site plan as complying with the development policy of the Village
and the performance standards hereinabove set forth.
C.
Time limitation. The proposed use, the building plans
and site plan, or amendment thereof, shall be approved or disapproved
by the Planning Board within 60 days after the completion of the filing
thereof, or the filing of an amendment thereof, and the filing of
all evidence requested by the Planning Board by delivering the same
to the Village Clerk.
D.
Disapproval. Disapproval of the proposed use, the
building plans or site plan shall be, by written notice, mailed by
the Village Clerk to the applicant, such notice shall state the reason
or reasons for such disapproval. The Building Inspector shall receive
copies of such notice of disapproval.
E.
Approval. Approval of submitted proposed use, building
plans and site plan by the Planning Board shall be based on conformity
of said use and plans to the provisions of this Article, and such
approval shall be by resolution of the Planning Board, copies of which
shall be mailed by the Village Clerk to the applicant and to the Building
Inspector. At the same time, the Planning Board shall deliver to the
Building Inspector duplicate copies of all related building plans
and site plan as approved.
F.
No waiver. No approval by the Planning Board of any
proposed use, any building plans or site plan shall constitute a waiver
of any other pertinent codes, regulations, requirements or ordinances
of the Incorporated Village of Lake Success or any other properly
constituted jurisdictional authority.
G.
Building permit. No building permit shall be issued
by the Building Inspector for any construction or installation within
the scope of this Article, unless there shall have been filed with
the Building Inspector, along with the application for building permit,
a certified copy of the Planning Board resolution approving the proposed
use, the building plans and site plan.
H.
Discretion in Planning Board. In studying the proposed use, the building plans and site plan, the Planning Board and the Building Inspector shall consider all factors they deem pertinent with specific relationship to the development policy of the Village and the performance standards hereinabove set forth in § 105-132. In considering any proposed use, building plans or site plan hereunder, the Planning Board and the Building Inspector shall endeavor to assure safety and convenience of traffic movement, both within the limits of the site and in relation to access streets, harmonious and beneficial relation among the buildings and uses on the site and satisfactory and harmonious relation between the site and contiguous land and buildings and adjacent neighborhoods, all in furtherance of the purpose of this chapter.
I.
Certificate of occupancy.
(1)
It shall be unlawful to use or occupy or permit
the use or occupancy in the R-O District of any building or premises,
or part thereof, hereafter created, erected, changed, converted or
wholly or partially altered or enlarged in its use or structure until
a certificate of occupancy shall have been issued therefor by the
Building Inspector stating that the proposed use of the building or
land conforms with the requirements of this Article.
(2)
No approved use of any building for which a
certificate of occupancy shall have been issued shall be changed unless:
(a)
Prior written application for a new use permit
shall have been made to the Planning Board.
(b)
The Planning Board shall have determined that
the proposed new use is:
(c)
The Building Inspector shall issue a certificate
of occupancy therefor stating that the proposed new use of the building
conforms to the requirements of this Article.
J.
Expiration of building permit. If the work described
in any building permit has not begun within six months from the date
of issuance thereof, the permit shall expire and be cancelled by the
Building Inspector. If the work described in any building permit has
not been substantially completed within one year of the date of issuance
thereof, said permit, unless extended by the Building Inspector and
the Planning Board, upon application of the property owner, shall
expire and be cancelled by the Building Inspector. In either event,
written notice thereof shall be given by the Building Inspector to
the persons affected and to the Planning Board.
K.
Architectural supervision. With respect to any application
for a building or use permit for any building or alteration or extension
of any building in the R-O District, said application shall be accompanied
by complete building plans, contour maps and drawings or sketches
showing, architecturally, the exterior elevations of the proposed
building and showing the proposed landscape or other treatment of
the grounds around such building and such other maps, plans and subdivision
plot plans as are required by the Village of Lake Success. Such plans,
maps, drawings and sketches and plot plans shall be submitted by the
Planning Board to its architect and shall be considered by him and
the Planning Board in an endeavor to provide that the architectural
design and general appearance of such building and grounds be in keeping
with the general architectural styles within the Village and such
as not to be detrimental to the orderly and harmonious development
of the Village and so as not adversely to affect the desirability
of neighboring areas for residential purposes. No building or use
permit shall be issued until such plans, maps, drawing and sketches
and plot plans have been approved by the Planning Board and its architect.
[Amended 7-19-1971]
Minimum plot areas shall be 4 1/4 acres.
No more than one building may be constructed on each plot. The Planning
Board may approve one plot having an area of less than 4 1/4
acres, but more than three acres, as part of a subdivision plan, the
individual plots of which shall average at least 4 1/4 acres
in area.
[Amended 7-19-1971]
A.
In the case of a group development consisting of more
than one building in harmonious relationship to one another, with
access and open space appurtenant to the group, as set forth on the
subdivision plans and on building and site plans therefor, the land
occupied by the group development shall have an aggregate area of
not less than 4 1/4 acres times each building comprised within
the group. In such case, all interior roads shall be subject to approval
by the Planning Board with respect to width and location and with
respect to access to public highways and control of traffic, and such
interior roads shall be constructed in accordance with the standard
specifications for Village streets.
B.
As a prerequisite to Planning Board approval of any
group development plan, the applicant shall, on behalf of himself
and all subsequent owners of the property, execute and deliver to
the Village an instrument in proper form for recording:
(1)
Providing that each structure or building contained
within the development shall have a perpetual easement or right-of-way
over adjoining land within the development necessary for vehicular
ingress and egress to the public highways designated as the available
public highway by the Planning Board; and
(2)
Providing that the developer or any successor
in interest shall be responsible for maintenance and repair of interior
roads, removal of snow and ice and sanding of roads when necessary.
C.
Provisions with respect to group development shall
be applicable whether or not the plot is subdivided.
D.
A building permit will not be issued for any building
which is part of a group development unless a subdivision plan and
site plan for the entire group development has been approved.
A.
Buildings and structures on any plot in the R-O District
shall not cover more than 15% of the area of the plot. The percentage
of coverage of a plot area by buildings and loading and unloading
areas and the percentage of plot area to be devoted to landscaping,
parking sidewalks and vehicular access roads and the open space area
between buildings shall, in each case, be determined by the Planning
Board, prior to the issuance of any building or use permit, upon due
consideration of the nature of the proposed use, the relationship
to neighboring uses and the general aesthetic requirements of the
Village.
A.
Front yard. The front yard of all structures in the
R-O District shall abut a dedicated street providing access directly
to a major highway or parkway or private interior road providing access
to such a street. No front yard shall be less than 120 feet in depth,
except that the front yard of a building in a group development of
three or more structures may be not less than 90 feet in depth, provided
that the average depth of all front yards of all structures in such
group development shall not be less than 120 feet in depth.
[Amended 7-19-1971]
B.
Side yard. Each side yard width shall not be less
than 100 feet, except that a side yard abutting property in a residentially
zoned district, either within or outside the Village, shall not be
less than 120 feet.
C.
Rear yard. Rear yard depth shall not be less than
100 feet.
[Amended 7-19-1971]
D.
Method of measurement. All setback dimensions shall
be measured from the property line of the plot to the nearest point
of the building measured at grade.
E.
Modifications in group development. In the case of
group development, whether or not the plot is subdivided, the Planning
Board may, in its discretion, modify internal front, side and rear
yard requirements to the extent necessary to accommodate more advantageous
grouping of structures; provided, however, that distance between buildings
shall not be less than 90 feet at any points.
A.
The heights of buildings shall be the vertical distance
between any horizontal line through any point on the topmost surface
of the building, including any parapets and apparatus or roof structures
and the like not specifically excepted, and the average curb level
in front of the building or the average finished exterior grade, whichever
is lower. The average finished exterior grade shall be deemed to be
the lowest finished surface elevations within an area circumscribed
by a line parallel to and 15 feet from the face of the building at
grade, except that the elevations of the bottoms of areaways within
10 feet of the face of the building and of driveways providing access
to underbuilding parking not exceeding 25 feet in width shall not
be counted. Such heights shall not exceed 30 feet, and no building
in the R-O District shall contain more than two stories.
[Amended 5-15-1978 by L.L. No. 1-1978]
B.
A "story" is that part of a building between any floor,
including the ground floor, and the floor above or, in its absence,
the ceiling or roof above. A "story" in which persons work or congregate,
the ceiling of which is more than three feet above the average curb
level in front of the building or the average finished exterior grade,
whichever is lower, shall be counted as a "story." A "story" which
extends less than three feet above the curb level or average finished
exterior grade shall not be counted in determining the number of stories.
[Added 5-15-1978 by L.L. No. 1-1978]
C.
Any story, any portion of the finished ceiling of
which is below the average finished exterior grade around the perimeter
of the building, shall be designated as "cellar area" and may be used
for utility purposes only, such as the location of motors, heating
equipment, cooling equipment and any other mechanical devices necessary
for the operation of the building; for dead storage of merchandise
inventory, supplies, files, records and the like; and for parking
of tenants' automobiles; but may not be used as an area in which persons
may live, sleep, work or congregate; nor may such area be used for
restaurant, commissary, kitchen, recreation or entertainment purposes.
[Added 1-15-1968]
[Amended 5-15-1978 by L.L. No. 1-1978]
Notwithstanding the provisions of § 105-140, chimneys, pipes, flagpoles, access hatches, radio and other electronic antennas and other equipment, the operation of which is a function of use and occupancy, are excepted from the height limitation, provided that any such equipment is screened as required by the Planning Board, and further provided that the height of same shall not exceed five feet above the overall height limitation or the roof level, whichever is lower, and the setback of any such roof structures shall not be less than 16 feet measured horizontally from the exterior face of any wall of the building.
A.
No building shall be erected, nor shall any building be structurally altered so as to increase the gross floor area, nor shall any building be converted for a more intensive use in the R-O District unless there shall be provided not less than one qualified off-street parking space meeting the requirements of Article XXI hereof for each 150 square feet of floor area, or additional fraction thereof, as floor area is defined in § 105-207 hereof.
[Amended 12-15-1969]
B.
Such parking areas shall not be used for any purpose other than the temporary parking of automobiles and other vehicles. In no event shall any parking of vehicles be permitted in the front yard of any building in the R-O District or on any streets in or adjacent to the R-O District. Parking areas shall not be closer than 14 feet to any rear yard or side yard lot lines, which 14 feet shall be devoted to landscaping and screening as defined in § 105-143.
C.
No street in the R-O District shall be used for parking
or loading or unloading of vehicles.
A.
Screening.
(1)
Wherever the boundary of the R-O District directly
abuts a parcel of land which is being used for or is zoned for residential
purposes or directly abuts an arterial highway or parkway, effective
evergreen landscape screening at least 15 feet in height and at least
15 feet in depth shall be provided and maintained throughout the year.
[Amended 3-22-1976 by L.L. No. 2-1976]
(2)
In addition thereto, all interior side and rear
property lines shall be delineated by a square trimmed hedge, four
feet wide and three feet high, placed two feet on each side of the
property line, bordered by a grass strip not less than 12 feet in
width and bounded by a reinforced concrete curb meeting Village specifications,
effectively to divide roads, walks, driveways and parking areas.
(3)
All buildings shall be surrounded by a grass
strip and by foundation shrubbery, with sidewalks if desired, except
at loading and building access areas or entrances.
(4)
The front area of all buildings shall be landscaped
in accordance with Planning Board requirements.
(5)
Ornamental trees shall be planted along all
interior and exterior property lines as follows:
(a)
Along the front line of each plot, deciduous
trees at least five inches in diameter at the base of the trunk, spaced
approximately 50 feet apart.
(b)
Along the side lines of each plot, a line of
ornamental flowering trees at least three inches in diameter at the
base of the trunk shall be set at 25 foot intervals.
(c)
Along all back lines, a line of ten-foot-high
evergreen trees shall be set 15 feet apart, alternating with evergreen
trees set on back lines of abutting rear properties.
(6)
All lawns, hedges, trees and shrubs shall be
maintained in healthy, luxuriant condition at all times (winter foliage
excepted) according to the highest horticultural standards usual to
the nursery trade. In the event that any owner shall fail to maintain
the landscaping in a manner satisfactory to the Building Inspector,
the Planning Board shall cause such defective maintenance to be corrected
at the expense of the owner, which expense shall become a lien on
said property. Dimensions provided for herein shall be determined
at time of planting.
B.
Landscaping. The remaining area of the plot not occupied
by buildings or loading or unloading areas, parking areas, vehicular
access, sidewalks and landscape screening shall be a well-maintained
lawn or a landscaped planting design appropriate to the predominantly
low-density residential character of the Village.
C.
Fencing. Wherever the boundary of the R-O District
directly abuts a parcel of land which is being used or may be used
for residential purposes, or the right-of-way of an arterial highway,
a chain link fence at least six feet in height shall be installed;
provided, however, that where such boundary is along the front line
of a plot, the above-mentioned chain link fence shall not be installed.
A.
All streets within the R-O District shall be not less
than 30 feet in width, measured from curb to curb, with a right-of-way
not less than 60 feet and shall be subject to approval by the Planning
Board with respect to location and with respect to control of traffic
and shall be constructed in accordance with specifications for streets
in commercial and industrial areas (Type E pavement) as set forth
in Village ordinances and standard specifications. Prior to the issuance
of a certificate of occupancy with respect to any building erected
on any land abutting such street, the entire street, including the
area in front of such building and extending to the intersection with
an existing arterial highway, shall be completed by the owner, approved
by the Village and conveyed to the Village.
B.
The disposition of stormwater shall be in complete
accordance with all pertinent requirements and regulations of the
Department of Public Works of the County of Nassau, in the State of
New York, and any approval of general building plans and site plan
by the Planning Board shall be so conditioned. All stormwater drainage
structures shall be constructed in the bed of streets or in easements
acquired for such purpose.
C.
The owner shall enter into an agreement with the Village
in a form acceptable to the Village Attorney, providing for the construction
and dedication of streets and drains in accordance with the Village
Planning Board Ordinance, the posting of performance and maintenance
bonds and fixing a date acceptable to the Planning Board for the completion
of such construction. Such agreement shall also provide that, wherever
sanitary sewers are located in the right-of-way of streets, there
will be no construction commenced on such streets until said sanitary
sewers are completed by the owner, dedicated to and accepted by the
County of Nassau.
D.
Whenever a plot in the R-O District abuts a county
or state highway and an educational or recreational facility belonging
to the Village, town, county, state or school district, the Planning
Board may require the owner of such plot to construct a bicycle path
in accordance with the standards of the County of Nassau, with such
bicycle path to be located on the right-of-way or on the plot.
[Added 3-22-1976 by L.L. No. 2-1976]
The disposition of sanitary sewage shall be
made through sanitary sewerage facilities and shall be in complete
accordance with all pertinent requirements and regulations of the
Department of Health of the State of New York and the Department of
Public Works of the County of Nassau, and any approval of general
building plans and site plan by the Planning Board shall be so conditioned.
No certificate of occupancy shall be issued with respect to any building
unless the public sanitary sewerage facilities serving such building
shall be completed, approved by the Department of Public Works of
the County of Nassau and dedicated to and accepted by the County of
Nassau.
The disposition of any and all effluents, other
than stormwater and sanitary sewage, which may arise from use shall
be in complete accordance with all pertinent requirements and regulations
of both the Interstate Sanitation Commission and the New York State
Pollution Control Board, and any approval of the general building
plans and site plan by the Planning Board shall be so conditioned.
Buildings and exterior and interior alterations
erected or made after the effective date of this chapter shall be
constructed in full compliance with the requirements of the Building
Construction Code of the State of New York and shall be subject to
all requirements imposed by the New York State Building Code Commission
and the Fire Marshal of the County of Nassau.
A.
Limitations, Signs visible from outside the plot area,
except as they provide identification, appropriate traffic directions
and parking instructions, are prohibited. Signs visible from outside
the plot area providing identification shall be limited to:
(1)
Noncorrosive letters, letters formed or carved
in masonry or tile or lettering on vitreous enameled metal not requiring
painting or maintenance of brilliance or longevity, or emblems or
designs, setting forth the identity, trademark and nature of the business
conducted on the premises and no other subject matter. Such sign may
be attached to or may be a part of one elevation of the largest building
on the site, as such elevation may face the public street from which
access to the site is obtained. Such letters shall not exceed 24 inches
in height.
(2)
An identifying sign or signs not over 30 square
feet in area may be erected on or near the property line flanking
the entrances to the establishment. Such signs may identify the nature
of the establishment as well as the identity of the operators thereof.
They shall contain no advertising. The top of such sign shall be not
more than 14 feet above the ground, and the bottom thereof shall be
at least three feet above the ground. No such sign shall, in any event,
be located within 100 feet from any residential district either within
or outside the Village.
(3)
In addition, permits for signs within 500 feet
of the border of a parkway shall be obtained from the regional State
Park Commission having jurisdiction, as required by law.
B.
Direction signs. Direction signs visible from outside
the plot area may be erected, provided that they are not over two
square feet in area. Such signs may contain no legend other than the
necessary direction, with an arrow or other directive device. The
top of such signs shall not be more than four feet above ground. Signs
not over four square feet in area identifying areas for different
types of parking, as hereinabove defined, may be erected to facilitate
traffic movement.
C.
Lighting restrictions. Any permitted signs hereinabove
described may be illuminated in any reasonable manner, provided that
no flashing or moving signs shall be permitted, nor shall the source
of such illumination be visible from any point outside the plot upon
which the sign is located.
Regulations under §§ 105-142 through 105-148, inclusive, shall be deemed standard requirements and are intended to assure provision for open space; to provide adequate off-street parking and loading and unloading requirement; to provide effective screening and landscaping; and to assure development in conformity with Village standards; and may, in the discretion of the Planning Board, be modified to meet practical requirements with respect to any particular proposed use, after determining the nature and the design capacity of the proposed use.
A.
An application for approval of a subdivision plat
in the Research and General Office R-O District shall be submitted
in compliance with the Village Planning Board Ordinance. Such application
will not be approved by the Planning Board until satisfactory evidence
has been submitted that the owner has entered into an agreement with
the Nassau County Department of Public Works and has posted the required
bonds for the construction and dedication of a complete system of
sanitary sewers to serve all of the proposed plots in the district.
B.
An application for approval by the Planning Board
of contemplated general building plans and site plan, or of contemplated
alteration of existing general building plans or site plan, or both,
must be in writing by the owner of the plot and must be accompanied
by the said general building plans and site plan, or by plans showing
contemplated alterations of existing general building plans or site
plan, or both, prepared by a registered architect or licensed professional
engineer in sufficient detail to establish compliance with all matters
pertinent to and covered by this Article.
C.
The said applications and related plat plans or general
building plans and/or site plan shall be in triplicate, addressed
to the Planning Board and filed in the office of the Village Clerk.
A.
With and upon the filing of an application relating
to contemplated new construction on a previously undeveloped plot,
there shall be paid to the Village a minimum filing fee of $500 covering
the first two acres, plus $100 for each additional acre or fraction
thereof. The site plan shall show the total acreage.
B.
With and upon the filing of an application relating
to any contemplated alteration of either existing general building
plans or existing site plan, or both, there shall be paid to the Village
a filing fee based in amount on the estimated cost of the contemplated
alterations at the same rates as are defined in the applicable portion
of the Village Building Code as building permit fee.[1]
C.
The filing fees defined in this section are related
solely to the consideration of applications of whatever nature by
the Planning Board and have no effect whatsoever on such building
permit fee as must later accompany the application for the building
permit.
D.
No additional filing fee shall be involved if and
when amended plans are filed, unless and to the extent that the amended
plans may represent an increase in building area.
A.
Except as hereinabove modified or qualified, all construction
in the R-O District shall conform to the prevailing Building Code
of the Incorporated Village of Lake Success.[1] No construction or alteration within the scope of this
Article shall be commenced or executed in any part until and unless
the Building Inspector shall have issued a building permit which,
after issue, must be prominently posted on site under cover from weather
for the cognizance of qualified inspectors under any pertinent jurisdiction.
B.
The said building permit shall be issued by the Building
Inspector only after:
(1)
The owner shall have filed in triplicate with
the Village Clerk:
(a)
Application for building permit.
(b)
Complete site plan.
(c)
Complete building plans.
(d)
Complete construction specifications.
(e)
Certified copy of the resolution of the Planning
Board approving the general building plans and the site plan or, in
the case of an alteration, such portions of the general building plans
or of the site plan, or both, as may be pertinent to the intended
alteration.
(f)
Evidence, in form acceptable to the Building
Inspector, of compliance or intended compliance with all applicable
laws, ordinances, rules, codes, regulations and stipulations of all
Village, county, state, federal and other agencies of competent jurisdiction.
(g)
An agreement, in a form acceptable to the Village Attorney, providing for the payment to the Village of such sums as may reasonably be required by the Planning Board to reimburse the Village for the cost of building construction inspection, plumbing inspection, architectural supervision, technical advice required under § 105-134 of this Article, structural engineering advice, civil engineering advice with respect to paving and drainage, landscape architectural advice and such other administrative fees and charges as may be deemed applicable and necessary to assure complete compliance with all performance standards, applicable Building Code and regulations and requirements of this chapter. The Planning Board may, in its discretion, demand a surety bond issued by an approved bonding company doing business in the State of New York in a form approved by the Village Attorney to assure payment of the above fees and charges. In the event that a building permit shall be denied, the Planning Board may, in its discretion, direct the refund of a portion of the unexpended fees and charges.
(2)
The Building Inspector shall have critically
examined all of the submitted documents and evidence and shall have
satisfied himself of the complete compliance thereby with all aforesaid
applicable laws, ordinances, rules, codes, regulations and stipulations.
A.
The Building Inspector shall not issue any certificate
of occupancy unless and until the construction of the buildings and
facilities shall have been in full compliance with all applicable
laws, ordinances, rules, codes, regulations and stipulations.
B.
If at any time after the issuance of such certificate
of occupancy it shall be determined in the findings of the Building
Inspector that the occupancy related to any plot or lot in the R-O
District shall deviate from the occupancy for which approval was initially
given, the Building Inspector shall give notice in writing to the
owner of the property in question, such notice shall set forth the
nature and extent of such deviations. Such notice shall be sent to
the owner of the property by registered mail. If the objectionable
deviations shall not be remedied by the owner within 30 days of such
notice, unless extended by the Board of Trustees, the certificate
of occupancy for the premises shall become void, without further or
additional notice.
[Amended 1-19-1970]
A.
The provisions described in this Article and in any other ordinance of the Village applicable to the development of any areas pursuant to this Article shall be enforced by the Building Inspector of the Incorporated Village of Lake Success, or his authorized deputy as designated by the Village Board of Trustees, in accordance with the provisions of §§ 105-1 through 105-5 of the Building Zone Ordinance of the Incorporated Village of Lake Success, and failure of the Village to enforce any or all of said regulations and provisions shall, in no event, be deemed a waiver of the right to do so thereafter.
B.
Enforcement of performance standards.
(1)
If the Building Inspector finds that there is any violation of performance standards relating to emission of smoke, fire and explosive hazards, humidity, heat, light or electromagnetic interference, he shall take or cause to be taken lawful action as provided in Subsection B(2) hereof to eliminate such violation, and failure to obey lawful orders concerning cessation of violation within five working days from the date of the issuance of such order shall be punishable as provided in Subsection F hereof.
(2)
If, in the judgment of the Building Inspector, there is violation of performance standards concerning the emission of particulate matter, vibration, noise, toxic or noxious matter, odorous matter or radiation hazards, the following procedures shall be followed in lieu of the provisions of Article I of the Building Zone Ordinance:
(a)
The Building Inspector shall give written notice
by registered or certified mail to the owner and tenants of the property
upon which the alleged violation occurs. Such notice shall describe
the particulars of the alleged violation and the reasons why the Building
Inspector believes there is a violation in fact and shall require
an answer or correction of the alleged violation to the satisfaction
of the Building Inspector within a reasonable time limit set by the
Building Inspector. The notice shall state, and it is hereby declared,
that failure to reply or to correct the alleged violation to the satisfaction
of the Building Inspector within the time limit constitutes admission
of violation of the provisions of this Article. The notice shall further
state that, upon request of those to whom it is directed, technical
determinations of the nature and extent of the violation as alleged
will be made, and that if violation as alleged is found, costs of
the determinations will be charged against those responsible in addition
to such other penalties as may be appropriate, and that if it is determined
that no violation exists, cost of determination will be paid by the
Village.
(b)
If, within the time limit set, there is no reply
but the alleged violation is corrected to the satisfaction of the
Building Inspector, he shall note "violation corrected" on his copy
of the notice and shall retain it among his records.
(c)
If there is no reply within the time limit set [thus establishing admission of violation, as provided in Subsection B(2)(a) above] and the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, he shall proceed to take or cause to be taken such action as warranted by continuance of an admitted violation after notice to cease.
(d)
If a reply is received within the time limit
set indicating that the alleged violation will be corrected to the
satisfaction of the Building Inspector, but that more time is required
than was granted by the original notice, the Building Inspector may
grant an extension of time if he deems such extension warranted in
the circumstances of the case and if such extension will not, in his
opinion, cause imminent peril to life, health or property. In acting
on such requests for extension of time, the Building Inspector shall,
in writing, state his reasons for granting or refusing to grant such
extension.
(e)
If a reply is received within the time limit set requesting technical determinations as set forth in Subsection B(2)(a) above and if the alleged violation continues, the Building Inspector may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation in addition to such other penalties as may be appropriate under the terms of Subsection F hereof. If no violation is found, costs of the determinations shall be paid by the Village without assessment against the properties or persons involved.
C.
Complaint. Whenever a violation of this Article occurs
or is alleged to have occurred, any person may file a written complaint
with the Village Clerk. Such complaint shall state fully the causes
and basis thereof. The Village Clerk shall record the complaint properly
and refer the same promptly to the Building Inspector, who shall take
action thereon as provided by this Article.
D.
Remedies. In case any building is erected, constructed,
reconstructed, altered, maintained or used in violation of this Article,
the Building Inspector, the Board of Trustees, the Planning Board
or any person aggrieved may, in addition to other remedies provided
by law, institute injunction, abatement or any other appropriate action
or proceeding to prevent, enjoin, abate or remove such unlawful erection,
construction, reconstruction, alterations, maintenance or use.[1]
