[Adopted 8-13-1999 by L.L. No. 3-1999]
Pursuant to § 10 of the Municipal Home Rule Law, and
Article 7 of the Village Law, the Incorporated Village of West Hampton
Dunes, County of Suffolk, and State of New York, hereby enacts by
this Local Law of 1999, this article amending the zoning, building
and construction laws of the Village of West Hampton Dunes, as adopted
by resolution of the Board of Trustees on November 18, 1995, and as
amended by Local Law No. 4 of 1997.
A.
The purpose of this article is to promote and protect the public
safety and welfare of the residents of the Village of West Hampton
Dunes and their guests, and the visitors to the Village and to preserve
the value of property in the Village by the organized development
of the Village, and to maintain proper and consistent regulations
in the Village of West Hampton Dunes.
B.
The regulations of this article will enhance and protect the physical
appearance of the Village of West Hampton Dunes, preserve its scenic
and natural beauty and provide a more attractive economic and business
climate and provide a more attractive residential environment and
protect the environmental and other resources of the Village.
As used in this article, the following terms shall have the
indicated meanings:
A set of plans sealed and or certified by a licensed professional
surveyor, architect or engineer, indicating the completed improvements
at a site or premises and their location, which shall include that
which may be set by the Board of Trustees by resolution but which
in no event shall be less than a survey done and signed and certified
by a licensed surveyor locating all improvements on the premises,
including all setbacks, and also elevations completed and certified
by a licensed architect or engineer as necessary to determine compliance
with the pyramid law and other local laws and building regulations
of the Village of West Hampton Dunes, or any aspect of the building
permit or variance granted to the owner or applicant, or as may be
required by the Building Inspector of the Village.
A permanently placed monument of concrete or similar material
of at least 2 1/2 feet in length and not less than three inches
in diameter or width, buried with two inches above ground, and which
is located and placed by a licensed surveyor to indicate the property
lines of a site or premises as further provided in this article or
as may be established by resolution of the Board of Trustees consistent
with this article.
A.
Every site or premises in the Village of West Hampton Dunes for which
a building permit has been applied for must have concrete monuments
installed on the front lot lines of the property, and in the case
of ocean front properties on both side yards located not less than
75 feet and not more than 100 feet from the front property line of
the premises, and for non-ocean front properties, every 100 feet of
side property lines of the premises.
B.
The concrete monuments as required in this article must be installed
by the property owner and inspected by the Village Building Inspector
prior to the issuance of a building permit.
C.
The Building Inspector shall have the discretion and authority to
require the installation of additional concrete monuments or property
line designation on a site or premises as is determined to be necessary
to determine compliance with the laws and code and regulations of
the Village.
D.
The monuments installed or required to be installed must be in place
or replaced in the event that they are lost or covered from the time
of prior to the issuance of a building permit, as required in this
article, until the issuance of a certificate of occupancy for all
of the improvements on a site or premises, and in a manner so that
they are visible with at least one inch of vertical height of the
monument above grade.
A.
Every property owner or application that has applied for a building
permit must provide an as-built survey or set of plans indicating
the location of all improvements, including setbacks and front and
rear yards, as well as at least three elevations indicting compliance
with the pyramid law and other building and construction laws of the
Village of West Hampton Dunes, and as may be required by the Village
Building Inspector, in his discretion, to determine such compliance
prior to the issuance of a certificate of occupancy for such improvements.[1]
B.
The as-built survey required by this article shall be certified to
the Village by a licensed surveyor, and the as-built plans required
by this article shall be certified and stamped by a licensed engineer
or architect.
C.
All plans submitted in conformance with this article must indicate
the building permit number and date and the number and or date of
any variance or the relief granted by the Zoning Board of Appeals.
A.
Each violation of this article shall be subject to a fine of up to
$250, and each and every day that a violation of this article or other
violation of this article exists shall be a new and separate violation
of this article.
B.
The imposition of a fine or penalty by the Village shall not preclude
or be deemed a waiver by the Village of the rights of the Village
to pursue civil remedies, and the Village shall be entitled, in addition
to the penalties set forth herein, to all civil remedies available
under the law.
C.
The Village and or the Village Building Inspector may, in their discretion,
withhold the issuance of a certificate of occupancy or similar approval
until the requirements of this article have been met.
