Village of Sea Cliff, NY Article XX Encroachments into Village Right-of-Way

[Added 9-21-2009 by L.L. No. 8-2009]

§ 48-89 Building or demolition permit required.

A. No person shall commence the erection, construction, enlargement, alteration, removal, improvement or demolition of any structure encroaching into a Village right-of-way, or cause same to be done, without first obtaining a separate building or demolition permit from the Superintendent of Buildings for each such structure.

B. Ordinary repairs may be made to structures without a permit and without notice to the Building Department, but such repairs shall not be construed to include the cutting away of any wall or portion thereof, the removal or cutting of any structural supports, or any work of any kind requiring a permit or approval under this chapter, the Village Code and/or the New York State Uniform Fire Prevention and Building Code.

C. All permits issued hereunder shall expire automatically 12 months after issuance.

D. For purposes of this article, the term "Village right-of-way" shall include the unpaved area between a property line and the paved portion of a Village street.

E. For purposes of this article, the term "above-grade" shall include any structures, except those governed by chapters A153 and A154, that exceed the height of the grade of the roadway at the point the roadway adjoins the Village right-of-way.

F. Excluded from the requirements herein, are any applications:

(1) For curb cut permits where there are no above-grade structures and such curb cut application is governed by chapters A153 and A154; and

(2) To construct a pedestrian access area providing direct access to the Village right-of-way so long as such proposed construction does not include any above-grade structures.

§ 48-90 Application requirements.

A. Applications for building or demolition permits shall be made to the Superintendent of Buildings, on forms provided by the Building Department.

B. Applications shall be made by the owner or lessee of the property immediately adjoining the Village right-of-way.

C. A copy of the application shall be forwarded by the Building Department to the Board of Trustees for review, and no permit may be issued herein unless the Board of Trustees has executed a license agreement with the property owner and authorized the Superintendent of Buildings to issue the permit.

D. An application for a permit pursuant to § 48-89 must include, at a minimum, the following:

(1) Application form executed by all owners and any lessee, if the lessee is an applicant;

(2) Plans, acceptable to the Superintendent of Buildings, identifying the encroachment and area involved;

(3) Legal description of the encroachment area;

(4) Copy of deed for applicant's property;

(5) Any other documentation required by the Building Department.

E. Submission of application to agencies.

(1) Upon submission of an application for a permit pursuant to § 48-89, the application shall be referred to the following agencies, and except where the Superintendent of Buildings determines that there is the potential for immediate harm to the health, safety or welfare of the Village or its residents, no permit shall issue until a copy of the application is submitted to, and comments received from, each of the following agencies:

(a) Village Department of Public Works;

(b) Village Fire Department;

(c) Nassau County Police Department, Sixth Precinct, or any other police department with jurisdiction; and

(d) North Shore School District.

(2) If no response is received within 35 days from the date that the Building Department forwards the application to such agency, then the Superintendent of Buildings shall proceed as if that agency or department has no objection to the proposed encroachment.

F. The permit may be issued by the Superintendent of Buildings only if the Superintendent of Buildings determines that:

(1) The encroachment shall comply with applicable state, county and Village laws and requirements with regard to structural safety and integrity, traffic and fire safety requirements.

(2) The encroachment does not have an adverse impact on adjoining properties.

(3) The encroachment does not interfere with the use of the public street for vehicular and pedestrian use and for existing or proposed utilities.

(4) A fee for the permit has been paid by the applicant.

(5) All Village real estate taxes then due and owing are paid in full.

(6) The applicant and property owner have executed a license agreement in a form approved by the Village Attorney.

(7) The adjoining nonvillage-owned property is in compliance with chapter 138 of the Village Code.

G. The permit shall be subject to the conditions set forth in the application, as well as any other conditions set forth in the license agreement.

§ 48-91 Fees.

The fees required herein shall be set by resolution of the Board of Trustees.

§ 48-92 Penalties for offenses.

Notwithstanding any provision of this Code inconsistent herewith, the owner and/or any person or entity in control of the property adjoining any such structure, who shall perform, or cause to be performed, any work in the Village right-of-way without first obtaining a permit as provided herein, or in violation of any of the conditions set forth in the permit and/or the license agreement, shall be guilty of a violation, and shall be subject to a fine not more than $1,000 or imprisonment for a period not to exceed six months, or both. For a second violation within an eighteen-month period, the fine shall be not more than $2,500, and for a third or subsequent violation a fine shall be set at $2,500. Each week that the violation continues to exist shall constitute a separate and distinct violation.