[Amended 8-24-2010]
A.
Generally. It shall be the duty of the Director of
the Building Department (DBD) to enforce this chapter. He or she shall
have the powers of a peace officer of the City, and in the discharge
of his or her duties shall have authority, at any reasonable hour,
to enter any premises, building or structure under construction or
alteration. For the purpose of identification he or she shall adopt
a badge of office which he or she shall display on demand, provided
that in any emergency any other method of identification shall be
sufficient. He or she may request and shall receive, insofar as it
may be necessary in the discharge of his or her duties, the assistance
and cooperation of all City officials.
B.
Files, records. He or she shall maintain files of
all applications for building permits and for certificates of occupancy
and shall keep records of all building permits and certificates of
occupancy issued by him or her, which files and records shall be open
to public inspection. He or she shall keep a record of every identifiable
complaint of a violation of any of the provisions of this chapter,
and of the action taken consequent on such complaint, which records
shall be public records.
C.
Reports. He or she shall report to the City Council
periodically, at intervals of not more than six months, summarizing
for the period since his or her last previous report all building
permits and certificates of occupancy issued by him or her and all
complaints of violation and action taken by him or her consequent
thereon. A copy of each such report shall be filed with the Planning
Board at the same time it is filed with the City Council.
It shall be the duty of the law enforcement
officers of the Police Department of the City of Glen Cove to enforce
the provisions of this chapter, in addition to the office of the Building
Department.
No board, agency, officer or employee of the
City shall issue, grant or approve any permit, license, certificate
or other authorization, including special permits by the Planning
Board or variances by the Board of Appeals, for any construction,
reconstruction, alteration, enlargement or moving of any building
or for any use of any land or buildings that would not be in full
compliance with the provisions of this chapter. Any such permit, license,
certificate or other authorization issued, granted or approved in
violation of the provisions of this chapter shall be null and void
and of no effect, without the necessity of any proceedings of revocation
or nullification thereof, and any work undertaken or use established
pursuant to any such permit, license, certificate or authorization
shall be unlawful, and no action shall be taken by any board, agency,
officer or employee of the City purporting to validate such violation.
A.
All applications for building permits under the jurisdiction
of the New York State Uniform Fire Prevention and Building Code of
the City of Glen Cove shall be accompanied by plans, drawn to scale,
showing all floor plans and all elevations of the building to be built,
altered or reconstructed. A plot plan showing all lot dimensions,
and the exact location of the building or buildings thereon, including
accessory buildings, shall also be furnished.
B.
When the foundation for any such building or buildings
shown on the filed plot plan has been constructed, and prior to further
construction on said building, a certified survey showing the as-built
location of said foundation or foundations shall be submitted to the
Director of the Building Department for his or her approval as to
conformity with this chapter and any other City ordinance, law, rule
or regulation.
[Amended 8-24-2010]
C.
In addition, such other information as the DBD may
require to provide for the proper enforcement of the New York State
Fire Prevention and Building Code and this chapter may be required.
All such documents and plans shall be filed in duplicate. One such
set of plans, when approved by the DBD, and documents shall be returned
to the applicant, to be kept available on the premises at all times
during the construction operation. The other set shall be kept on
file in the City Hall, open for inspection by the public, for a period
of 10 years, after which time all may be destroyed, except those pertaining
to public buildings.
[Amended 8-24-2010]
D.
Except as provided in Subsection C of this section, the DBD shall take action on all applications for building permits within 10 days of their receipt. He or she shall withhold a permit for construction or alteration of any building, if such building as proposed to be constructed or altered would in his or her estimation be in violation of this chapter or of the New York State Fire Prevention and Building Code.
E.
No building permit shall be issued for any exterior alteration or renovation of a building within an officially designated urban renewal area, more particularly described in the boundary description filed in the office of the City Clerk, unless such building permit application shall be submitted to the Planning Board for its approval. The Board shall determine whether the issuance of the permit is within the objectives and purposes of the adopted urban renewal plan and this chapter. The Planning Board shall make its determination within 30 days from the first regular meeting of the Board following receipt of the application by the Secretary to the Planning Board unless the request is for a site plan or special permit approval, in which case the procedure in Article IV shall be followed. If the application is for a sign approval, the City of Glen Cove Sign Ordinance shall govern.[1]
F.
No building permit and no certificate of occupancy
shall be issued for the use or occupancy of any basement in a dwelling
unit other than for the purposes of recreational use, laundry area,
storage area, sanitary facility and/or utility room. Basement occupancy
shall not include habitable space.
[Added 10-22-2002; amended 8-24-2010]
[Amended 12-31-1984; 5-27-1997 by L.L. No. 2-1997; 8-24-2010]
A.
It shall be unlawful to use or permit the use of any
building or premises, or part thereof hereafter created, erected or
enlarged, or of any building or premises or part thereof hereafter
changed or converted to a different use until a certificate of occupancy
shall have been issued to the owner by the DBD. Such certificate shall
show that such buildings or premises or parts thereof, and the proposed
use thereof, are in conformity to the provisions of this chapter.
A guaranteed survey showing location of buildings on the lot shall
be prerequisite to the issuance of a certificate of occupancy. Prior
to issuance of the certificate of occupancy for a dwelling unit, commercial
building, industrial building or swimming pool approval in writing
must be obtained from the City of Glen Cove Water Department for the
installation of a water meter and backflow prevention valves. Such
certificates of occupancy shall be applied for at the same time an
application is filed for a building permit and shall be issued by
the DBD within five days after a request for the same shall have been
applied for by any owner, provided that the DBD finds after inspecting
the premises that the building and the use of the building and the
use of the premises comply with the provisions of this chapter. The
fee for such certificate of occupancy shall be set forth from time
to time by the City Council.[1] The DBD may issue a temporary certificate of occupancy
which shall expire at the end of six months, and which shall not be
renewable, for the use of a part of a building.
[1]
Editor's Note: The fee schedule is on file
in the City offices.
B.
Upon written request by the owner, the DBD shall issue
a certificate of occupancy use for any existing building or premises
if, upon inspection, he or she finds that such building and the use
thereof and the use of such premises conforms to the requirements
of this chapter and all other applicable provisions of this Code,
laws, rules and regulations. All such certificates of occupancy use
shall be kept on file open to the public. The fee for the issuance
of a certificate of occupancy use shall be as set forth from time
to time by the City Council[2] and shall be payable to the City of Glen Cove. A guaranteed
survey showing location of buildings on the lot shall be a prerequisite
to the issuance of such certificate.
[2]
Editor's Note: The fee schedule is on file
in the City offices.
[Added 12-9-2008][1]]
A.
Except as set forth in Subsection B, on all applications to the City Council, Planning Board or the Board of Appeals under this chapter, the applicant shall be liable to the City and shall pay the following costs which may be incurred by the City in processing such application:
(1)
Advertising;
(2)
Stenographic minutes of hearings and meetings;
(3)
Engineering costs;
(4)
Inspection costs;
(5)
Legal fees;
(6)
Recording fees;
(7)
Planning, environmental impact review, traffic, sound
landscape design, economic or other specialized consulting services,
studies and reports deemed necessary for a proper review of the application.
B.
The requirements of Subsection A shall not apply to any application concerning a single- or two-family dwelling, except if such property is used for income-producing purposes, e.g., rental property.
C.
All of the costs in Subsection A shall be consistent with the costs for the services then prevailing in the community. The costs for legal fees incurred in the processing of applications for land use applications as required by this section shall include and be supplemental to legal fees paid generally paid by the City to counsel for the City Council, the Planning Board or the Board of Appeals.
D.
In addition to the payment of the fees required under this chapter, deposits shall be established and required to defray the actual costs and expenses listed in Subsection A for the following types of applications:
(1)
Application for change of zone;
(2)
Application for special permit or special exception;
(3)
Application for site plan review;
(4)
Application for zoning interpretation or variance;
(5)
Application for Planned Waterfront District (PWD);
(6)
Application for Planned Unit Development (PUD); and
(7)
An additional deposit shall be required for any application
involving review and consideration of a draft or final environmental
impact statement under the New York State Environmental Quality Review
Act.
E.
The deposit established in Subsection D shall be made in a non-interest-bearing trust account established by the City with a trustee or escrow agent designated by the City. The deposit shall in no way be construed as a limit on the applicant's liability for costs incurred under Subsection A, and, in the event the deposit required under Subsection D is reduced to an amount of 25% or less of the initial deposit, the applicant shall be required to replenish the deposit to the initial deposit amount. This shall be done as often as required until the conclusion of the application. In the event that the amount of the deposit shall exceed said cost at the conclusion of the application, the unused portion of the deposit shall be returned to the applicant, provided that the applicant shall, within six months thereof, file with the City a written demand for such refund. All unclaimed deposits shall be deemed to be abandoned property and treated as such under the laws of the State of New York.
F.
No action shall be taken by any City board on any application subject to the requirements of this chapter unless and until all costs set forth in Subsection A shall have been paid in full. Any costs under Subsection A which remain unpaid more than 60 days after the date of mailing of a notice of deficiency sent to the applicant shall be added to the City real estate tax levy and shall become a lien against the property and the application shall be deemed abandoned. The applicant shall have an opportunity to be heard at a public hearing by the City Council, provided that such a hearing is requested by the applicant within 30 days of the mailing of the notice of deficiency.
G.
A charge of $100 will added to any account owing to
the City where a tendered payment of such account was by a check or
other written order which is returned for insufficient funds.
H.
In the event that any reimbursable cost or deposit
established in this section creates an economic or other hardship,
application may be made to the City Council, which is hereby authorized
to modify such cost and/or deposit in its legislative discretion,
after appropriate hearing.
I.
The City Council, the Planning Board and the Board
of Appeals are hereby authorized and empowered to adopt rules and
regulations to implement the requirements of this section, including
the form of a written deposit agreement for the deposits required
by this section. The City Council, the Planning Board and the Board
of Appeals shall also be authorized and empowered to establish from
time to time the amounts required for deposits pursuant to this section
based upon the experience of the City with respect to past-incurred
expenses for similar matters before the City and in general conformity
with requirements for reimbursement and deposits established by other
municipalities in Nassau and Suffolk Counties, New York.
[1]
Editor's Note: This ordinance also repealed
former § 280-12, Fees for outside consulting services, added
3-13-1984, as amended.
