[1]
Editor's Note: Former § 200-65, Building permits, as amended, was repealed 5-5-2009 by L.L. No. 8-2009.
[Added 5-5-2009 by L.L. No. 14-2009]
A. 
No permit shall be issued by the Building Department for the construction or reconstruction of any accessory building, structure or other improvement upon any building parcel unless said parcel is already improved by a principal building either in conformity or in legal nonconformity with the provisions of this chapter or unless the application for such permit seeks approval for and such permit likewise authorizes and includes the construction or reconstruction of such a principal building. In the latter case and circumstance, in no event shall the construction or reconstruction of any accessory building, structure or improvement be commenced or continued unless and until said principal building has been wholly or substantially completed to the satisfaction of the Building Inspector and such officer has issued a temporary certificate of occupancy with respect thereto.
B. 
With respect to any permit issued pursuant to the provisions of this chapter:
(1) 
Where and when no work has been commenced or, in the case of a new building or structure or a new ground floor addition or extension, the foundation has not been completed within six months of the date of issuance of such permit, such permit shall automatically expire by limitation; and in the latter case and circumstance, any excavation made in reliance upon such permit shall be immediately filled and the premises graded and restored to the average grade of the adjoining premises; and
(2) 
Where and when the work contemplated and authorized by such permit shall have been timely commenced, all such work shall be completed within 12 months of the date of issuance of such permit or such permit shall automatically expire by limitation; and in such case and circumstance all further or additional work shall cease and desist unless and until a renewal permit has been applied for and granted by the Building Department. In the event that a renewal permit is approved, then, upon the payment of an additional renewal fee equal to 75% of the original permit fee, such renewal permit shall be issued for, and all work covered by and under such permit shall be completed within, six months of the date of issuance of such renewal permit. In the event that all work is still not completed within such renewal period, then an additional renewal permit must be obtained from the Building Inspector; and in each event of additional renewal, the renewal permit shall be valid for a period of three months from the date of its issuance and shall be subject, in each case, to the payment of an additional renewal fee equal to 50% of the original permit fee. Renewal permits shall be required for any and all periods following the expiration of the original permit and expiration of any subsequent renewals thereof. The duration of the original permit and any subsequent renewals shall not exceed a total period of 24 months. Upon the expiration of said twenty-four-month period, a new application must be made to the Building Department for the issuance of a building permit.
C. 
A duplicate original or a certified copy of every permit issued pursuant to this chapter and of the approved plans, drawings or other diagrams submitted and approved in connection with the application for such permit shall be kept at all times upon the premises of the building parcel which is the subject of such permit until the completion of all work and the issuance of any required certificate of occupancy or completion. It shall be unlawful and a violation of this chapter for any person or persons to deviate, either in the undertaking or in the completion of any such work, from the approved application, specifications, plans, drawings and other documents forming the basis for the approval and issuance of any such permit, without the prior written consent or direction of the Building Inspector or his duly designated and authorized representative.
D. 
No permit required by the provisions of this chapter shall be approved without the authorization and consent of the Building Inspector, and no such permit shall be issued without the original signature of such officer or of a duly designated and authorized representative thereof having been affixed to and appearing upon the face of such permit.
E. 
Nothing in this chapter shall be deemed or construed to prevent the Building Inspector, upon good cause shown and in his/her sole and absolute discretion, from approving the issuance of a permit for the construction or reconstruction of part of a building or structure where an application, plans and sufficient detailed specifications for such work have been submitted and approved with respect thereto but where any additional and/or amended plans and specifications covering the remaining portion and required to be submitted and approved prior to completion of the project have yet to be filed with and/or approved by such Building Inspector.
F. 
The Building Inspector may revoke approval of any application for a permit and/or any permit authorized or required in conformity with the provisions of this chapter or the provisions of any other law, statute, code or other enactment administered and enforced by the Building Department in the case of any false statement or any misrepresentation as to a material fact made in or upon the application for such permit or in or upon any plans, drawings, diagrams or other documents made and filed in support of such application and relied upon as the basis or as part of the basis for such approval or permit.
A. 
No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Village Building Inspector, stating that the premises or building complies with all the provisions of the Village laws.
B. 
No change, extension or alteration of a use of premises shall be made in the Business District without a certificate of occupancy first having been issued by the Village Building Inspector stating that such change, extension or alteration of use is in conformity with the provisions of the Village laws.
C. 
A certificate of occupancy shall be applied for at the same time that the building permit is applied for and shall be issued within 10 days after the erection or alteration of the building shall have been completed and inspected. A record of all certificates shall be kept on file in the office of the Village Clerk, and copies shall be furnished upon request to any person. There shall be no fee for the original certificate of occupancy, but a fee as set forth in the current Village Fee Schedule (see Chapter 83, Fees) for each copy shall be charged.
[Added 10-3-2000 by L.L. No. 3-2000]
[Added 12-6-2011 by L.L. No. 4-2011]
A. 
Legislative purposes. The Village Board of Trustees, in an effort to encourage "green" initiatives and to facilitate adoption of solar energy technologies in residential settings, seeks to streamline the process of securing approval of installations for solar technology by creating a targeted application process. Such a process will save time, eliminate paperwork and related expenses, protect public safety and speed approvals.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
APPROVED CONTRACTOR
A contractor whose credentials were reviewed and approved by either the Building Inspector or the Long Island Power Authority (LIPA), as evidenced by the list to be maintained and published by LIPA of installers whose credentials have been prescreened.
APPROVED EQUIPMENT
Solar paneling equipment previously reviewed and approved by the Building Inspector or meeting the requirements for a standard installation and shall include the following:
(1) 
Photovoltaic (PV) panels certified by a nationally recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703;
(2) 
Inverters on a list of New York State Public Service Commission type-tested inverters that are tested by UL or other nationally recognized laboratories to conform with UL standard 1741; and
(3) 
Residential solar hot water heater (RSHW) equipment certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors.
APPROVED INSPECTOR
Village-approved electrical inspectors that are already required to perform the electrical inspection of the system and who certify that they have been trained to perform the third-party PV inspection or a third party designated by LIPA on a list of trained PV inspectors maintained by LIPA.
SOLAR PANEL INSTALLATIONS
Solar electric panel and solar hot water installations where the installation is to be flush mounted on a residential roof and to be installed by an "approved contractor" using "approved equipment."
STANDARD INSTALLATION
A solar energy system with a gravity roof load of no more than five pounds per square foot for photovoltaic (PV) and six pounds per square foot for residential solar hot water (RSHW) that is flush mounted using a racking system approved by a licensed New York State professional engineer or registered architect on a residential roof with an eighteen-inch-wide clear path at the roof ridge.
C. 
Criteria. Anything to the contrary notwithstanding, the Building Inspector shall expedite the process of permitting standard installations of solar panels by approved contractors using approved equipment. Permits for same may be issued based upon the following criteria:
(1) 
A new property survey shall not be required, but if the solar energy system is proposed for an accessory structure on the residential property, the property owner will be required to provide an existing survey showing that the accessory structure is legal.
(2) 
The application shall include a certified drawing (hand-drawn or better) of the solar panel location and layout on the roof and other diagrams.
(3) 
The application will require a professional engineer or registered architect to certify the load-bearing and wind-load sufficiency of the subject solar installation.
(4) 
The contractor must be an approved contractor.
(5) 
The permit shall be limited to approved equipment.
(6) 
The Building Inspector may rely upon and accept third-party inspections and/or certifications if provided by approved inspectors. Said inspections are to be paid for by the homeowner.
D. 
Requirements for permit submittal. Before approval and issuance of permit(s) for a grid-tied photovoltaic system (PV) or residential solar hot water system (RSHW), the applicant shall submit:
(1) 
A completed Fast Track Permit Requirements Checklist on the Building Inspector's approved form.
(2) 
Three sets of plans, which include:
(a) 
A cover sheet identifying the:
[1] 
Project address and map, section, block and lot number of the property.
[2] 
Owner's name, address and phone number.
[3] 
Name, address and phone number of the person preparing the plans.
(b) 
Sheet index indicating each sheet title and number.
(c) 
Legend for symbols, abbreviations and notations used in the drawings.
(d) 
Configuration diagrams prepared by a professional engineer or registered architect that are sketched (hand-drawn or better), as follows:
[1] 
Roof diagram depicting modules or collectors and racking configuration on designated surface(s) to scale and dimensioned. The diagram should include any eighteen-inch clearance/access required as noted in the Fast Track Permit Requirements Checklist criteria.
[2] 
Equipment location diagram indicating the location(s) of the modules or collectors; main electrical service; inverter(s); the location of all equipment disconnects on the outside of the structure (i.e., A/C disconnect); and any interior equipment locations.
[3] 
One line standard electrical diagram.
(e) 
Property survey if system is proposed for an accessory structure.
(3) 
Fast Track Project Information Sheet on the Building Inspector's approved form.
E. 
Permits.
(1) 
Applications for permits made under Subsection D above shall be reviewed on an expedited basis and permit determinations will be made within 14 days of submittal of a completed application. Those that conform to the requirements herein for standard installations of approved equipment by an approved contractor shall be approved expeditiously. Subsequent to completion and review by an approved inspector, certificates of occupancy and/or compliance will be issued by the Building Inspector in reliance upon the approved inspector's certifications.
(2) 
In the case where approved equipment was granted a permit and installed and a certificate of occupancy and/or compliance was issued, but the installation needs to be removed for any reason (roof replacement, etc.), a new permit must be obtained from the Building Inspector. At a minimum, a new certification from an approved inspector will be required upon the reinstallation of the approved equipment.
F. 
Fees. The fees for permits granted as per the requirements of this section shall be set forth in the Village fee schedule.[1]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
This chapter shall be enforced by the Building Inspector or such other person as may be designated by the Board of Trustees.
[Amended 11-13-2012 by L.L. No. 12-2012]
A. 
Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation of this chapter only and shall be punishable as follows:
(1) 
By a fine of not more than $2,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
(2) 
By a fine of not more than $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a second offense, provided the first and second offenses were committed within a period of five years of each other.
(3) 
By a fine of not more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the third or subsequent offense or a series of offenses, all of which were committed within a period of five years.
B. 
Each week's continued violation shall constitute a separate additional violation of this chapter.
C. 
In all cases the Board of Trustees may enforce obedience to this chapter by injunction.
A. 
Under circumstances described in this section, the Village Justice may, upon the application of a public servant acting in the course of his official duties, issue an inspection warrant whenever an inspection of any place, premises, building or thing is required or authorized by any provision of the regulations, ordinances or local laws of the Village of Stewart Manor.
B. 
As used in this section, the following terms shall have the meanings indicated:
INSPECTION WARRANT
A court order authorizing a public servant to conduct an inspection of a designated place, premises, building or thing within the boundaries of the Village.
PUBLIC SERVANT
(1) 
Any public officer or employee of the Village or of any department, agency or instrumentality thereof.
(2) 
Any person exercising the functions of any such public officer or employee.
C. 
Authorization; execution.
(1) 
An inspection warrant may authorize an inspection to be conducted in any part of the Village where process, warrant or other mandate of the court issuing such inspection warrant may be served or executed.
(2) 
An inspection warrant must be executed not more than 14 days after the date of issuance.
(3) 
In the absence of express authorization or limitation in the warrant, an inspection warrant shall be executed between the hours of 8:00 a.m. and 9:00 p.m.
D. 
Application for inspection warrant.
(1) 
An application for an inspection warrant shall be in writing, subscribed and sworn to by a public servant acting in the course of his official duties.
(2) 
The application shall contain:
(a) 
The name of the court and the name and title of the applicant.
(b) 
A statement that the applicant is acting in the course of his official duties and that the inspection requested is authorized by a specified regulation, ordinance or local law of the Village of Stewart Manor.
(c) 
A statement that there is probable cause to believe that a violation of the specified regulation, ordinance or local law exists with respect to a designated place, premises, building or thing or that such inspection is sought to be made as part of a routine or area inspection in accordance with legislative or administrative standards.
(d) 
A designation by name, title or classification of the person or persons authorized by the regulation, ordinance or local law of the Village of Stewart Manor to conduct such inspection.
(e) 
Allegations of fact supporting such statements. Such allegations of fact may be based upon personal knowledge of the applicant or upon information and belief, provided that, in the latter event, the sources of such information and the grounds of such belief are stated. The applicant may also submit depositions of other persons containing allegations of fact supporting or tending to support those contained in the application.
(3) 
The application may also contain a request that the inspection warrant be made executable at any hour of the day or night, on the grounds that there is reasonable cause to believe that the warrant cannot be effectively executed between the hours of 8:00 a.m. and 9:00 p.m. or the inspection cannot be effectively accomplished if not made forthwith. Any requests made pursuant to this subsection must be accompanied and supported by allegations of a kind as described in Subsection D(2)(e).
(4) 
The application must contain a statement or allegation that consent to entry for inspection purposes has been refused or a demonstration of facts or circumstances reasonably justifying the failure to seek such consent.
E. 
Examination and granting of warrant.
(1) 
In examining an application for an inspection warrant, the Village Justice may question under oath any persons whom he believes may possess pertinent information.
(2) 
If the Village Justice is satisfied that grounds exist for the issuance of a warrant, he may grant the application and issue an inspection warrant directing an inspection of the designated place, premises, building or thing. If the Village Justice is further satisfied that grounds exist for authorizing the inspection to be made at any hour of the day or night, he may make the warrant executable accordingly.
F. 
An inspection warrant shall contain:
(1) 
The name of the issuing court and the subscription of the issuing judge.
(2) 
A designation by name, title or classification of the person or persons authorized to execute the warrant.
(3) 
A description of the place, premises, building or thing which is the subject of the inspection.
(4) 
A designation of the place, premises, building or thing being inspected by means of address, ownership, name or other means essential for identification.
(5) 
A direction that the warrant be executed on any day of the week between the hours of 8:00 a.m. and 9:00 p.m. or, where the court has specifically determined, an authorization for execution at any time of the day or night.
G. 
Procedure for executing warrant.
(1) 
Except as authorized in Subsection G(2) below, in executing an inspection warrant, the person authorized to execute the warrant shall, before entry, give or make reasonable effort to give notice of his authority and purpose to the occupant of the place, premises, building or thing designated in the warrant and show such person the warrant or a copy thereof on request.
(2) 
In executing an inspection warrant, the person authorized to execute the warrant need not give notice to anyone of his authority and purpose as prescribed in Subsection G(1) above but may promptly enter the same if the place, premises, building or thing to be inspected is at the time unoccupied or reasonably believed by the person authorized to execute the warrant to be unoccupied.
(3) 
A peace officer may be requested to assist in the execution of the inspection warrant.
(4) 
Within 14 days after the warrant is executed, the person who executed such warrant shall file a return with the Village Justice who issued the warrant, certifying to the execution of the warrant.