It shall be the duty of the Building Inspector
of the Village of Belle Terre and he is hereby given the power and
authority to enforce the provisions of this chapter and to issue building
permits and certificates of occupancy hereunder.
[Amended 10-5-1992 by L.L. No. 1-1992]
No building permit or certificate of occupancy
shall be issued except when the provisions of this chapter, the New
York State Uniform Fire Prevention and Building Code and the rules
and regulations of the Planning Board are complied with.
A.
No building, structure or driveway shall be erected,
added to or structurally altered, including any change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another, until a permit therefor
has been issued by the Building Inspector.
B.
It shall be unlawful for any person to clear, excavate
or commence work for the erection or alteration of any building or
structure or use any lot or premise for any purpose until a permit
has been duly issued therefor.
A.
No building permit for the erection, alteration or structural change in a building as stated in § 170-19 shall be issued unless there is compliance with the following terms and conditions:
(1)
The Building Inspector will provide forms for building
permits and certificates of occupancy.
(2)
The following shall be submitted:
(a)
Completed application forms.
[Amended 1-18-2005]
(b)
The authority for the application in cases where
the owner on the application does not conform to the owner on the
last Village tax roll.
(c)
Four complete sets of plans and specifications,
which shall bear the signature and seal of the architect of professional
engineer responsible for their preparation. Drawings shall show plans
of each floor level, all exterior elevations and sections to indicate
satisfactory solution to all structural and space requirement, including:
[Amended 10-5-1992 by L.L. No. 1-1992; 1-18-2005; 10-16-2018 by L.L. No. 3-2018]
[1]
Critical structural points shall be detailed.
Stress diagrams or calculations shall be provided upon request for
any structural detail. Trusses or other designed systems must be accompanied
by a detailed drawing signed and sealed by the manufacturer's engineer.
[2]
All wood structural members shall be 1/3 stronger
than indicated in the New York State Uniform Fire Prevention and Building
Code and standards.
[3]
All other work shall conform to the New York
State Uniform Fire Prevention and Building Code and standards, including
plumbing standards.
[4]
They shall show location and construction details
of the sewage disposal system conforming to the standards of the Suffolk
County Board of Health. Copies of Suffolk County Board of Health approval
of site/disposal plans are to be included with plans.
[5]
They shall show large-scale typical and special
wall sections.
[6]
All concrete shall be a minimum of two-thousand-five-hundred-pound
test. All foundation walls are to be reinforced.
[7]
Double all floor joists under tubs and any other
large-scale dead loads.
(d)
A plot plan prepared by a licensed surveyor,
which shall include the following:
[1]
The name of the surveyor and the date of the
survey.
[2]
A drawing of the lot with courses and distances
of boundaries; existing and proposed contours at two-foot intervals;
acreage; its relation to all lands contiguous thereto; the ownership
of such contiguous lands; a North arrow; the width of the public rights-of-way;
the subdivision name, sections and lot numbers; the size and location
of existing and proposed buildings thereon; structures; fences; pavement;
porches, swimming pools; pole lines, etc., including pavement in public
right-of-way; restrictions; easements; yardlines, etc.
[3]
The words "the submission of this plot constitutes
an irrevocable offer to dedicate this right-of-way for public highway
purposes" in the right-of-way of all roads adjoining the property.
[4]
An indication of important trees or natural
growth, if existing. Trees and natural growth must be preserved between
the property line and the shoulders of the road.
[5]
The location of driveways to avoid traffic hazards.
A turnaround area shall be provided so that cars are not required
to back onto a public roadway.
[6]
Stormwater drainage shall be so arranged that
water does not drain onto the public right-of-way or adjacent property.
Catch basins and drywells shall be required, if necessary, to eliminate
the above condition.
(3)
The completed plot plan shall be submitted to the
Building Inspector, who shall present the same to the Planning Board
for approval. Such approval shall be by resolution of the Board certifying
that the land and proposed erection, alteration or addition conforms
in all essential details to the delineation of said property on the
Official Map.
(4)
The person who is identified on the application for
a building permit as the owner of the building to be erected or altered
shall complete and sign the Addendum to Building Permit Application
which states he knows a certificate of occupancy must be obtained
before occupying such dwelling. Also, he will be in violation of this
chapter in he neglects to do so.
B.
To obtain a permit for the erection or alteration of a structure as so defined in § 170-1, the applicant shall submit to the Building Inspector drawings, sketches and other pertinent information required to define the proposed erection or alteration of the structure. The fees for such permits shall be as set forth from time to time by resolution of the Board of Trustees.
[Amended 10-18-1988 by L.L. No. 1-1988; 10-5-1992 by L.L. No. 1-1992]
C.
The Building Inspector shall have the right and authority
to require any additions, alterations, corrections or changes on any
plans, drawings or specifications as he deems necessary before issuing
a permit.
If the property on which the building or structure
proposed to be erected, altered or added to is one of the lots, plots,
blocks or sites into which property has been subdivided with or without
streets, a map for the above must have been filed in the office of
the Clerk of the Village of Belle Terre and in the office of the Clerk
of the County of Suffolk pursuant to any applicable provisions of
the Real Property Law of the State of New York, prior to any application
for a permit.
A street giving access to the building proposed
to be erected, altered or added to must have been duly placed on the
Official Map. Such street shall be suitably improved to the satisfaction
of the Planning Board or, in the discretion of the Planning Board,
a performance bond shall be furnished pursuant to the provisions of
the Village Law of the State of New York.
[Amended 10-18-1988 by L.L. No. 1-1988; 10-5-1992 by L.L. No. 1-1992]
A.
Building permit fees are established by the Village
Building Inspector. Fees are based on 1/2 of 1% of the total cost
of all construction and shall include new buildings, alterations of
existing buildings, tennis courts, decks, docks, swimming pools and
porches. Estimated or contract construction costs shall be based on
present-day average figures, as verified and approved by the Building
Inspector. Minimum construction cost is $350 per square foot for new
construction and $175 per square foot for interior redesigns, conversions,
decks and porches, which fees shall be assessed at the discretion
of the Building Inspector.
[Amended 1-18-2005; 7-16-2024 by L.L. No. 3-2024]
B.
Building permits will be dated the date of approval
by the Building Inspector. The permit will expire one year from date
of issuance. One set of approved building plans and specifications
shall be retained in the files of the Village Building Inspector,
and another set shall be returned to the applicant, together with
the building permit, and shall be kept at the building site open to
inspection by the Building Inspector or his authorized representative
at all reasonable times.
[Amended 1-18-2005; 7-16-2024 by L.L. No. 3-2024]
C.
The building permit and the certificate of occupancy
fee shall be by cash, check, or credit card, payable to the Village
of Belle Terre. The fee shall be paid prior to the issuance of a building
permit.
[Amended 7-16-2024 by L.L. No. 3-2024]
D.
Conditions for refund.
[Amended 1-18-2005]
(1)
If a building permit has not been issued and the applicant
cancels the construction and requests the return of plans, a charge
set forth from time to time by resolution of the Board of Trustees
will be made for the preliminary examination. This amount will be
deducted from the original fee and the balance returned. Upon resubmission
of plans at a later date a new application must be completed and the
original building permit fee paid in full.
(2)
If on the other hand a building permit has been issued,
a refund will not be granted. Upon resubmission of the plan at a later
date the original building permit may be submitted for renewal and
the renewal fee applies.
E.
All permits shall expire within 12 months of issuance.
Renewals may be obtained by submitting original permit to the Building
Inspector. There shall be a fee as set forth from time to time by
the Board of Trustees. This fee shall be payable for a further extension
of one year only. Additional renewable fees as required may be obtained
as stated above.
[Amended 1-18-2005; 3-18-2014 by L.L. No. 4-2014]
F.
In each case where a building, structure or swimming
pool was erected or commenced prior to the issuance of a building
permit, there shall be an additional fee as set forth from time to
time by resolution of the Board of Trustees.
G.
In each case where an appeal to the Board of Appeals
is required to validate a building, structure or swimming pool which
was erected or commenced prior to the issuance of a building permit,
there shall be an additional fee as set forth from time to time by
resolution of the Board of Trustees.
After the foundation has been constructed, there
shall be a survey of the property submitted, guaranteed by a licensed
surveyor, indicating the location of the foundation. No framing or
other construction shall be commenced until this survey has been approved
by the Building Inspector.
[Amended 3-18-2014 by L.L. No. 4-2014]
The work in connection with a permit for a new building, structure,
alteration or addition to an already existing one shall be carried
out in such a manner that no damage is done to Village roads. A road
bond in the amount of $10,000 shall be (may be) required at the discretion
of the Building Inspector.
A map or plot plan will not be required with
an application for an alteration to a building or structure where
there is proof of no encroachment to the existing front, rear or side
yard.
[Amended 10-18-1988 by L.L. No. 1-1988; 10-5-1992 by L.L. No. 1-1992]
A.
No building hereafter shall be occupied or used in
whole or in part for any purpose whatsoever until a certificate of
occupancy shall be issued by the Building Inspector, certifying that
such building conforms substantially to the requirements of any and
all applicable building zone ordinances, rules and regulations of
the Planning Board and the plans and specifications as originally
approved for such building or alteration or structure for which a
permit was duly issued. The fee as set forth from time to time by
resolution of the Board of Trustees shall be payable to the Village
of Belle Terre when the building permit fee is paid.
B.
Late filing fees.
(1)
In each case where a building, structure or swimming
pool was erected or commenced prior to the application for a building
permit, there shall be an additional fee as set forth from time to
time by resolution of the Board of Trustees.
(2)
In each case where an appeal to the Board of Appeals
is required to validate a building, structure or swimming pool which
was erected or commenced prior to the application for a building permit,
there shall be an additional fee as set forth from time to time by
resolution of the Board of Trustees.
No accessory building or structure shall be
constructed on a lot until the construction of the main building has
actually been commenced, and no accessory building or structure shall
be used in any manner whatsoever or for any purpose unless the main
building on the lot is completed and used.
Whenever a building permit or certificate of
occupancy shall have been issued, a copy of each shall be filed in
the office of the Village Clerk of the Village of Belle Terre by the
Building Inspector.
[Amended 10-5-1992 by L.L. No. 1-1992]
If, upon review of plot plans, house plans or
specifications, the Building Inspector determines that there exists
a nonconformance conflict with the provisions of one or more of the
zoning ordinances, he shall so notify the applicant whose signature
appears on the application for a permit of this nonconformance or
conflict. This shall be done by certified mail. The check for the
building permit and certificate of occupancy shall be returned at
this time. The applicant shall be notified that he has recourse to
the Board of Appeals.
For a permit other than a permit for the erection or alteration of a building or structure, see Article V, Special Permits.
A.
Whenever the Building Inspector shall find in any
building or any premises a condition in violation of the provisions
of this chapter or the New York State Uniform Fire Prevention and
Building Code hereto adopted by the Village of Belle Terre, he shall
be empowered and authorized and it shall be his duty to order, in
writing, the remedying of any such condition in such manner and within
such time as he may specify.
[Amended 10-5-1992 by L.L. No. 1-1992]
B.
The service of orders for the remedying of any condition
in violation of the conditions as stated above in this section shall
be made upon the owner or occupant of the building or premise or any
person responsible for such condition either by:
(1)
Serving the same personally upon the owner, occupant
or the authorized agent of either;
(2)
Sending by certified mail, return receipt requested,
a copy of such order to the owner, occupant or authorized agent of
either at the address set forth on the application for a building
permit, certificate of occupancy or the tax roll of the Village of
Belle Terre; or
(3)
In the event that no such person is found upon the
premises, by affixing a copy thereof in a conspicuous place upon said
premises. Another copy of the order shall be mailed by certified mail,
return receipt requested, within 24 hours of posting to the person
to whom it is directed at the address set forth on the application
for a building permit or certificate of occupancy or the tax roll
of the Village of Belle Terre.
A.
A person, including the owner, occupant, general agent,
contractor, lessee, tenant or person in charge of an entire building,
structure or premises where a violation of the provisions of this
chapter has been committed or shall exist, and including the owner,
occupant, general agent, contractor, lessee, tenant or person in charge
of any part of a building, structure or premises in which part a violation
of the provisions of this chapter has been committed or shall exist
and including any other person who knowingly commits, takes part or
assists in any such violation or who maintains any building, structure
or premises in which any violation shall exist, who fails to comply
with any order of the Building Inspector within 48 hours following
the receipt of said order shall be deemed to have violated this chapter.
B.
Each day that there has been a failure to comply with
said order shall constitute a separate and distinct violation.
C.
Each day that a violation of this chapter occurs or
continues shall constitute a separate and distinct violation.
D.
In addition to the penalty provided for violation
of this chapter[1] or any ordinance, any appropriate action or proceeding
may be instituted or taken to prevent an unlawful construction, erection,
alteration, repair, maintenance or use, or to restrain, correct or
abate any violation or to prevent the occupancy of any such building,
structure or premises or to prevent any illegal act, conduct, business
or use in or about such building, structure or premises.
