[Amended 9-28-1982; 12-12-1984; 8-9-1988; 9-13-1988; 1-22-1991; 5-27-1997 by L.L. No. 2-1997]
A. Each application for a permit shall be accompanied
by the required fee which shall be as set forth from time to time
by the City Council. Any building or structure which is erected, constructed,
altered, improved or demolished without benefit of a building permit,
in violation of this chapter, shall not be issued the requisite permit
unless and until the applicant has paid a fee in the amount of three
times the rate established by the City Council for the processing
of building permits prior to construction.
[Amended 2-22-2000]
B. Recreation fees.
(1) In every case where a building permit is sought for
the construction of dwelling units that are not included under a filed
subdivision plat, no permit shall be issued unless the applicant for
such permit shall first pay to the City of Glen Cove a sum, per dwelling
unit, for recreation purposes as set forth from time to time by the
City Council.
(2) For the purposes of this chapter, recreation purposes
shall include but shall not be limited to the acquisition and/or improvement
of recreational land or construction of capital recreational improvements
and/or facilities; and a dwelling unit shall mean one or more rooms
with provision for living, cooking, sanitary and sleeping facilities
arranged for the use of one family.
C. Exemptions from fees. No fee shall be payable under
this section if:
[Amended 12-12-2023 by L.L. No. 7-2023]
(1) The building or property is wholly owned by the city,
state or federal governments or any agency thereof; or
(2) The property is owned by a religious organization
designated as a tax-exempt organization pursuant to Section 501(c)(3)
of the United States Internal Revenue Code, and the property is to
be used exclusively for the purposes for which 501(c)(3) classification
was granted. This exemption shall not apply to the payment of sewer
connection fees; or
(3) The property is owned by a hospital organization designated
as a tax-exempt organization pursuant to Section 501(c)(3) of the
United States Internal Revenue Code, and the property is to be used
exclusively for the purposes for which 501(c)(3) classification was
granted. This exemption shall not apply to the payment of sewer connection
fees.
D. Application
to reduce fees. If the property is to be used exclusively for very
low, low, and/or low-moderate affordable housing as defined by HUD,
the NYS Homes and Community Renewal, and/or the NYS Housing Trust
Fund, an application may be made to the City Council for up to a 75%
reduction of the permit fees. If the property is to be used for workforce
housing as defined by the aforesaid agencies, whether exclusively
or not, an application may be made to the City Council for up to a
50% reduction in the permit fees. Any reduction shall be at the sole
discretion of the City Council. Any reduction under this section shall
not apply to the charges for sewer connection fees.
[Added 12-12-2023 by L.L. No. 7-2023]
[Added 2-14-2023 by L.L. No. 1-2023]
A. Definitions.
As used in this section, the following terms shall have the meanings
indicated:
CONTRACTOR
Any person contracted or subcontracted to perform work covered
by this section for or on behalf of any other person.
MAJOR CONSTRUCTION PROJECT
The total demolition, alteration or construction of any building
or structure equal to or more than 50,000 gross square feet or exceeding
four stories or 45 feet above lowest adjacent grade elevation or more
than one story below lowest adjacent grade level.
MINOR CONSTRUCTION PROJECT
The total demolition, alteration (more than 50% of the floor
area) or construction of any building or structure equal to or more
than 20,000 gross square feet.
OSHA
The United State Department of Labor Occupational Safety
and Health Administration.
OSHA 30-HOUR CLASS
A class that includes 30 or more hours in construction industry
safety and health instruction that is intended for workers and satisfies
the following conditions:
(1)
Such class is i) approved by OSHA and conducted in accordance
with the OSHA, outreach training program or ii) an equivalent 30 or
more hour construction industry safety and health class approved by
the Building Department; and
(2)
Such class consists of in-person training, actively proctored
online training or, if such training is conducted before the effective
date of this section, online training.
OSHA 100-HOUR CLASS
A class or program that:
(1)
Includes 100 or more hours of training in technical subjects
relating to a construction trade, including an apprenticeship program
registered with the New York State Department of Labor; and
(2)
Is approved by OSHA, the United States Department of Labor,
the New York State Department of Education or the New York State Department
of Labor.
PERMIT HOLDER
The person to whom a building permit has been issued or for
whom a building permit has been applied.
PERSON
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate trust, association or
any other legal or commercial entity of any kind or description.
SITE SAFETY DESIGNEE
A person who has completed an OSHA 100-hour class. On a major
construction project, the site safety designee shall use reasonable
prudence to ensure that safety is maintained as job conditions dictate
and shall complete any tasks required of a site safety designee under
this chapter.
B. Safety
training requirements.
(1) In addition to any other applicable City, state or federal law or
rule, each permit holder:
(a) For a minor construction project, shall be responsible for ensuring
that each construction or demolition worker employed or otherwise
engaged in such project by the permit holder, or any person performing
work for or on behalf of such permit holder at such project, has successfully
completed and maintains a current OSHA 30-hour class certificate.
(b) For a major construction project, shall be responsible for ensuring that a foreman or designated employee or individual otherwise engaged at such project by the permit holder, or any person performing work for or on behalf of such permit holder, is designated as a site safety designee. The site safety designee shall be tasked with ensuring that each construction or demolition worker employed or otherwise engaged at such project by the permit holder, or any person performing work for or on behalf of such permit holder at the project, is in compliance with Subsection
B(1)(a) and shall report violations of this chapter to the Building Department.
(2) The applicant, permit holder or any person performing such work on behalf of the permit holder shall certify to the Director of the Building Department, in a form and manner established by the Director, that the requirements of Subsection
B(1)(a) and/or
(b) have been met. No permit for construction or demolition work for which training is required pursuant to this section shall be issued or renewed until the applicant has certified that all workers who will be working under such permit will have the requisite training throughout the duration of such permit.
(3) The applicant, permit holder or any person performing such work on
behalf of the permit holder shall certify that all New York State
and OSHA safety requirements and workers' compensation and insurance
requirements have been met.
(4) The permit holder shall maintain at such site a daily log that identifies each such worker and that includes, for each such worker, proof of compliance with Subsection
B(1)(a) and/or
(b) as applicable. Such logs shall be made available to the Director of the Building Department and shall be submitted to the Building Department as a prerequisite to the issuance of a certificate of occupancy, certification of completion and/or certificate of approval.
C. Penalties.
(1) Any violations of this section by a permit holder shall be punishable
by a fine not less than $1,000 nor more than $10,000. Each worker
performing work on a construction site covered by this section without
required safety training shall constitute a separate additional offense.
Each day that the violation continues shall constitute a separate
additional offense.
(2) For a second offense committed by a permit holder within a period
of five years, such violation shall be punishable by a fine of not
less than $3,000 nor more than $20,000 or by imprisonment for a period
not to exceed 15 days, or both.
(3) Permits issued may be immediately revoked by the Building Department
if the permit holder is found to be in violation of this section.
(4) The Building Department shall be authorized to issue stop orders
for violations of this section. Upon the issuance of a stop order,
the owner of the affected property, the permit holder and any other
person or contractor performing, taking part in or assisting in the
work shall suspend all building activities in violation of this section
until the stop order has been rescinded.
A building permit may be revoked because of
any false statement or misrepresentation of material fact in the application,
or because of failure to supply additional information required within
a reasonable time, or because the work is not being executed in accordance
with any applicable provisions of this Code. Dereliction of the Building
Department Administrator in his or her duties shall not legalize any
violation of the provisions of this chapter. Notice of the revocation
of a building permit shall be deemed to be duly given by service upon
a responsible individual in charge at the premises or by mailing to
the post office address of the party to whom the permit was issued.
The Building Department Administrator shall have authority to stop
work peremptorily on any building where the continuance of work would
cause danger to life or property. Any expense involved in such measure
shall be paid to the city by the party to whom the permit was issued.
It shall be unlawful to proceed with any building work, other than
the correction of violations, after the revocation of a building permit;
nor shall any permit be reissued after revocation while any violations
of this chapter exist.
Copies of all approved plans and specifications
shall be kept on file by the Building Department Administrator, and
one set of officially stamped copies shall be returned to the applicant
upon issuance of the building permit. Filed copies shall be regarded
as public records and open to inspection, but this shall not authorize
the copying of any plan or the furnishing of copies of any specification
or part thereof.