[Amended 10-9-1979]
A.
It shall be unlawful to excavate or construct, alter, remove or demolish
or to commence the construction, alteration, removal or demolition
of a building or structure, except portable-type tool sheds or other
noncommercial storage buildings 100 square feet or less, without first
obtaining a building permit therefor from the Division of Building
of the Department of Planning and Development.
[Amended 3-12-1991 by L.L. No. 1-1991]
B.
It shall be unlawful to alter, add to or subtract from the existing
or natural grade of a parcel or part thereof without first obtaining
a grading permit therefor from the Commissioner of the Department
of Planning and Development. When a grading plan is included as part
of a building permit application, a separate permit therefor shall
not be required.
[Amended 3-12-1991 by L.L. No. 1-1991]
C.
Repairs to buildings or structures may be made without filing an
application or obtaining a building permit if no structural alteration
is made and if the repairs are in accordance with the provisions of
this chapter.
A.
An application for a building permit shall be in writing and submitted
in such form as the Commissioner of the Department of Planning and
Development or his designee may prescribe.
[Amended 5-6-1980]
B.
The application for a building permit shall be made by the owner
or lessee, or agent of either, or the architect, engineer or builder
employed in connection with the proposed work. If such application
is made by a person other than the owner in fee, it shall be accompanied
by a duly verified affidavit of the owner in fee or the person making
the application that the proposed work is authorized by the owner
in fee and that the person making the application is authorized to
make such application. In such cases where a building permit application
is filed for proposed work on or at property owned by the Town of
Oyster Bay, the Commissioner having jurisdiction over such property,
or his or her designee, shall be authorized to execute such building
permit application on behalf of the Town, which signature shall merely
indicate the owner's acknowledgement that the permittee seeks to engage
in proposed work on or at Town-owned property.
[Amended 5-8-2018 by L.L.
No. 5-2018]
[Added 8-28-2007 by L.L. No. 10-2007; amended 9-12-2017 by L.L. No. 8-2017]
A.
This section shall be applicable only to applications for building permits for construction, as defined herein, in, on or of commercial buildings of 100,000 square feet or more, including, without limitation, renovation or site work to be performed in connection with commercial buildings, as more fully defined in § 93-16.2, filed on or after the effective date of this section.
B.
A permit shall be deemed to meet the threshold of 100,000 square
feet if, in the discretion of the Commissioner of the Department of
Planning and Development:
(1)
The construction project described in the application for the
permit is equal to or exceeds 100,000 square feet; or
(2)
The area of the building, facility or physical structure where
such construction shall be performed equals or exceeds 100,000 square
feet; or
(3)
The construction project described in the application for permit is part of a larger, related project, as defined in § 93-16.2, which when taken together equals or exceeds 100,000 square feet; or
(4)
Within a period of 18 months prior to said application the total
square footage of all applications for building permits for construction
at said premises is for 100,000 square feet or more in the aggregate.
[Added 9-12-2017 by L.L.
No. 8-2017]
A certificate issued by the New York State Department of
Labor which recognizes an employee's successful completion of an apprenticeship
program.
All structures used for purposes other than private one-
or two-family residences, and shall include, without limitation, buildings
used for offices, retail or wholesale stores, warehouses, schools,
and public buildings.
Any design, construction, reconstruction, improvement, rehabilitation,
maintenance, repair, installation, furnishing, alteration, renovation,
demolition, or equipping of any building, facility or physical structure
of any kind, as set forth in § 816-b of the New York State
Labor Law, which requires the approval of the Town of Oyster Bay or
any of its departments or agencies.
A contractor or subcontractor which employs labor for construction
as defined herein.
Construction for which an application or applications have
been filed within nine months of each other; or construction projects
located in the same building, facility or physical structure; or construction
projects located in contiguous buildings, facilities or physical structures,
where there exists a commonality of ownership or occupancy, including,
but not limited to, a condominium form of ownership.
Any organization or entity operating an apprenticeship program
registered with the New York State Department of Labor and in whose
name the program is registered.
[Added 9-12-2017 by L.L.
No. 8-2017]
A.
The Town of Oyster Bay hereby requires any contractor or subcontractor who is performing construction, as defined in § 93-16.2, to be a participant in good standing of a qualified apprenticeship program that is registered with and approved by the New York State Department of Labor and to have apprenticeship agreements, as evidenced by valid D.O.L. certificates of completion which are specifically identified as pertaining to the trade(s) and/or job title(s) necessary for said construction project.
B.
Prior to the issuance of a building permit for construction, as defined
herein, a contractor must submit to the Town D.O.L. certificates of
completion showing that they, or their sponsor, graduated at least
one apprentice from a New York State or United States Department of
Labor approved and registered Class "A" apprenticeship program, in
the trade and/or job title necessary for said construction project,
within the 24 months immediately preceding application for building
permit, and at least one apprentice currently registered in a New
York State or United States Department of Labor approved and registered
Class "A" apprentice program, as evidenced by a New York State Department
of Labor approved Form AT-401 certificate or similar certificate.
If a Contractor is a signatory to a sponsor, the contractor must submit
to the Town a letter from the sponsor verifying its signatory status.
C.
It shall be a contractor's responsibility to submit the required
D.O.L. certificates of completion as part of any application for a
building permit submitted in connection with construction and to provide
to the Town department or agency administering the construction the
identity of apprentices who have graduated from their apprenticeship
program.
D.
If a contractor utilizes a subcontractor, the contractor shall submit
D.O.L. certificates of completion showing that the subcontractor or
the subcontractor's sponsor graduated at least one apprentice from
a state approved and registered apprenticeship program, in the trade
and/or job title necessary for the construction, within a time period
immediately preceding the application for building permit for such
project, the length of said time period to be calculated by adding
24 months to the specific trade's program length as set forth in the
New York State Prevailing Wage Schedule, subject to the exception
found in Subsection "F" of this section. The contractor must submit
these certificates at a time designated by the department or agency
administering the construction, but in any event, these forms must
be received by the Town prior to a subcontractor beginning work. If
the subcontractor is a signatory to a sponsor, the contractor must
submit to the Town a letter from the sponsor verifying the signatory
status.
E.
It shall be the responsibility of the Town Department of Planning
and Development to verify that a contractor or subcontractor is a
participant in a state approved and registered apprenticeship program
and to submit the D.O.L. certificates of completion to the Town.
F.
For the purposes of this section only, the length of program for
the trade of laborer shall be two years.
[Added 9-12-2017 by L.L.
No. 8-2017]
A.
The determination of compliance with this section shall be made and
certified by the Commissioner of the Department of Planning and Development.
An aggrieved party may appeal such determination in an Article 78
proceeding to the Supreme Court, Nassau County, filed within 30 days
of the filing of the determination by the Commissioner with the Town
Clerk or the mailing of such determination to the applicant, whichever
is later.
B.
It is the intent of the Town Board to exercise its municipal home
rule powers to supersede any inconsistent provisions of state law,
with specific reference to the time periods to commence legal action
set forth in CPLR § 217, Subdivision 1, or any other inconsistent
provision of state law with respect to the subject matter of this
code provision.
[Amended 5-6-1980]
An application for a building permit shall be accompanied by
two sets of drawings of the proposed work, drawn to scale, including
floor plans, elevations, structural details and plot diagrams. One
set of such plans and specifications shall be retained by the Commissioner
of the Department of Planning and Development or his designee and
the other set of plans and specifications shall be certified by the
Commissioner of the Department of Planning and Development or his
designee and delivered to the applicant. In addition to all other
details normally and customarily required and included in plot diagrams,
each parking stall and the space for ingress and egress shall be clearly
specified and shown in detail.
[Added 3-12-1991 by L.L. No. 1-1991]
All building plans must comply with the New York State Education
Law regarding licensed engineers' or architects' seals and signatures.
[Amended 2-4-1992]
A.
Nothing in this chapter shall prohibit the filing of amendments to
an application for a building permit or to a plan or other drawing
of the work for which the building permit was sought. Such amendments,
after approval, shall be filed with and deemed part of the original
application.
B.
Should a proposed amendment(s) cause an increase of $1,000 or more
of the estimated cost of construction or affect 5% or more of the
area contemplated by the original permit, an amendment fee shall be
required.
A.
The application for a building permit shall be examined within a
reasonable time after filing and if, after examination, it appears
that the proposed work will be in compliance with the provisions of
this chapter and other laws applicable thereto, and that the proposed
construction or work will be safe, the application will be approved
and a building permit issued; if the examination reveals otherwise,
the application will be returned as rejected and the findings noted
in a report attached to the application.
B.
Nothing in this section shall be construed to prevent the Commissioner
of the Department of Planning and Development or his designee from
issuing a permit for the construction of part of a building or structure
before the entire plans and detailed statements of said building or
structure have been submitted or approved, if adequate plans and detailed
statements have been presented for the same and have been found to
comply with this chapter.
[Amended 5-6-1980]
[Amended 7-15-1975; 10-5-1976; 3-29-1977; 5-6-1980; 3-12-1991 by L.L. No. 1-1991]
A.
Each application for a building permit shall be reviewed, prior to the issuance thereof, by the Department of Planning and Development of the Town of Oyster Bay in order to determine adequacy of on-site and off-site drainage, grading and elevation of land, and underground utility lines for streetlighting. The Commissioner of the Department of Planning and Development or his designee shall establish rules and regulations for the implementation of this section pursuant to Subsection C herein. Such rules and regulations shall provide for inspection of the building construction site wherever necessary.
B.
Prior to the issuance of a certificate of occupancy, the Department
of Planning and Development shall review the final site grading and
drainage flow with regard to streets and private roadways, sidewalks
and adjacent properties.
C.
The Commissioner of the Department of Planning and Development or
his duly appointed designee shall establish rules and regulations
which shall be known as "Individual Building Site Plan Rules and Regulations."
Such rules and regulations shall provide, among other things, appropriate
specifications for underground utility lines for street lighting,
minimum standards for on-site and off-site drainage, grading, elevation
and landscaping so as to ensure that the drainage flow is away from
each building, street, private roadway and adjacent properties wherever
practicable and to ensure that such flow is not diverted onto adjacent
properties but is dispersed on the premises by natural absorption
or by the installation of customarily acceptable drainage or retention
facilities as approved by the Commissioner of Planning and Development
or his duly appointed designee. Such rules and regulations shall be
in addition to but shall not be in conflict with the jurisdiction
of Nassau County, New York State or the United States of America.
[Amended 2-4-1992]
D.
The Commissioner of the Department of Planning and Development or
his duly appointed designee shall have the authority to waive the
requirements of this section whenever the construction or alteration
of a building is so insubstantial that the application of the rules
and regulations promulgated pursuant to this section would serve no
public purpose.
[Amended 2-4-1992]
E.
In pursuance of this section the Commissioner of the Department of
Planning and Development or his designee shall require an applicant
for a building permit to provide any additional maps, site plans,
drawings and surveys as he deems necessary for the administration
of this chapter.
F.
Each applicant for a building permit or certificate of occupancy
shall comply with all drainage, grading, elevation, underground utility
lines and landscaping requirements established pursuant to this section.
Whenever the Commissioner of the Department of Planning and Development
or his designee determines that drainage, grading or landscaping cannot
be completed in accordance with the "Individual Building Site Plan
Rules and Regulations" due to practicable difficulty or unnecessary
hardship, the certificate of occupancy may be issued subsequent to
the posting of a surety bond or certified check in an amount established
pursuant to the aforesaid rules and regulations.
G.
Upon submission of an application for a building permit for the erection
of any structure on soil which has been filled or which is on bog,
silt, soft clay, mud, muck or other impervious material, the Commissioner
of the Department of Planning and Development or his designee shall
be supplied with all engineering data, tests or other information
deemed necessary by the Commissioner of the Department of Planning
and Development or his designee to ascertain the methods and material
to be used to ensure proper support of the structure or structures
proposed. The cost of such tests, data or other information shall
be borne by the applicant. This information must be certified by an
engineer or architect properly licensed by the state.
H.
Any major renovation, repair of an existing building or new dwelling
built in the area shown as a special flood hazard area, on a map prepared
by the United States Department of Housing and Urban Development,
for the Town of Oyster Bay, shall comply with the following additional
requirements and procedures:
(1)
The main floor of any structure erected pursuant to this provision,
including kitchens and at least half of the total number of bedrooms,
shall be elevated to or above the base flood elevation.
(2)
All heating electrical equipment, electrical service and panel, shall
be elevated to or above the base flood elevation.
(3)
All habitable floors shall be at least four feet above groundwater.
(4)
If any other provisions of local laws or ordinances shall conflict
with that which is herein contained, the ordinances concerning flood
control and reduce flood losses shall take precedence.
I.
Each applicant for a subdivision of land shall furnish and install suitable cable for direct burial and through conduits which shall include all connections to the source points, together with all materials and accessories required to make a complete wiring installation for energy supply as per specifications established pursuant to Subsection C of this section. Cable under driveways and in roadways shall be contained in conduit. Streetlighting cable shall be not less than 18 inches below grade and not less than 24 inches below grade when contained in conduit.
[Amended 5-6-1980; 2-4-1992]
A performance bond may be requested by the Commissioner of the
Department of Planning and Development or his duly appointed designee
to indemnify the Town for damage caused by the moving of a building
or structure. If such performance bond is requested, no permit to
remove a building or structure shall be granted until the performance
bond is filed with the Town of Oyster Bay. A certified check, cashier's
check or money order may be posted in place of such performance bond.
[Amended 6-14-1977; 6-14-1988; 2-4-1992; 1-4-2000 by L.L. No. 1-2000; 10-16-2012 by L.L. No. 3-2012]
The following fees shall be charged for permits required by
this chapter.
A.
For a permit for the installation of a private sewage disposal system
for one- and two-family use and all other private sewage and stormwater
disposal systems, the fee shall be the amount indicated in the fee
schedule established by the Commissioner of the Department of Planning
and Development.
B.
Fees, based on the cost of improvements as determined by the Means
Square Foot Manual, shall be the amounts indicated in the fee schedule
established by the Commissioner of the Department of Planning and
Development.
C.
A minimum nonreturnable fee in the amount indicated in the fee schedule
established by the Commissioner of the Department of Planning and
Development shall be charged for all building permit and amendment
applications required by this chapter.
[Amended 5-6-1980]
All work performed under a permit issued by the Commissioner
of the Department of Planning and Development or his designee, signed
by him or his authorized assistant, shall conform to the approved
application and plans and approved amendments thereof.
[Amended 5-6-1980; 8-9-1988; 3-12-1991 by L.L. No. 1-1991; 2-4-1992; 6-26-2018 by L.L. No. 6-2018]
A.
A building permit under which no work is commenced within six months
after its issuance shall expire by time limitation. All building permits
shall expire by time limitation if the work has not been concluded
and a certificate of occupancy has not been obtained within one year
of its issuance. A building permit may be renewed at any time prior
to its expiration by the Commissioner of Planning and Development
or his or her duly appointed designee where good cause is shown. The
cost of such renewal shall be in accordance with the fee schedule
as established by the Commissioner of the Department of Planning and
Development and paid to the Town, in cash or by check made payable
to the Town of Oyster Bay. A permit which has expired by time limitation
pursuant to this section is void and of no further force or effect.
B.
If any excavation or construction shall have been commenced under
a permit which has expired by time limitation, the permittee shall,
upon due notice from the Commissioner of the Department of Planning
and Development or his or her duly appointed designee, remove or demolish
the construction and fill in the excavation and restore the ground
to its original condition within the time limitation set forth by
said Commissioner or said designee.
[Amended 5-6-1980; 2-4-1992]
The Commissioner of the Department of Planning and Development
or his duly appointed designee may suspend or revoke, upon notice,
a building permit or departmental approval issued under the provisions
of this chapter in any case where there has been a false statement
or misrepresentation as to a material fact in the application or plans
and specifications on which the permit or approval was based.
A.
A copy of a building permit issued pursuant to this chapter shall
be kept on the premises open to public inspection during the prosecution
of the work and until the completion of the work.
B.
The certified copy of the approved plans and specifications must
be kept on the premises at all times until completion of the work.
C.
A copy of the building permit issued pursuant to this chapter shall
at all times be affixed to the building so that it is visible from
the street or kept on display at all times in some easily accessible
place at the site, approved by the building inspector.
[Amended 3-12-1991 by L.L. No. 1-1991]
No permit for demolition shall be issued until security in the
form of a performance bond or certified check is filed with the Commissioner
of the Department of Planning and Development. The security shall
insure removal of rubble and debris and insure that the premises will
be returned, after the demolition is completed, to a safe condition.
[Added 12-19-2006 by L.L. No. 12-2006]
A.
Purpose and intent. It is the purpose of this section to protect
the public health, safety and welfare of the residents of the Town
of Oyster Bay by mandating that any new one family, two-family, or
multifamily dwelling shall comply with the guidelines of the New York
ENERGY STAR® Labeled Homes Program (hereinafter "the Program"),
as set forth by the Long Island Power Authority (hereinafter "LIPA"),
thus ensuring that said dwelling will consume considerably less energy
than if constructed under prevailing building standards. Compliance
with the guidelines of the Program as outlined in this section shall
be required in addition to compliance with current standards outlined
in the Energy Conservation Construction Code of the State of New York
(the "Energy Code").
B.
Pursuant to the Consolidated Laws of New York State, Chapter 17-A,
Energy, Article 11, § 11-109, municipalities are authorized
to enact local energy conservation construction codes, such as are
set forth in the standards contained in this section, which are more
stringent than the New York State Uniform Building Code.
C.
Any new one-family, two-family, or multifamily dwelling, in buildings containing four or fewer units, with a separate means of egress for each dwelling, minimum of one heating facility for each four dwelling units and a separate primary electric meter for each dwelling unit, including townhouses (hereinafter "subject dwelling"), shall be constructed to comply with the requirements of the Program, in accordance with the standards and implementation schedule specified in Subsection C(1), (2) and (3) contained herein.
(1)
The Program requirements must be satisfied by compliance with
one of the following standards:
(a)
The Builder Option Package as established by LIPA; or
(b)
Achieving a home energy rating of 84 or higher on the current
expanded Home Energy Rating System (hereinafter "HERS") Scoring System
adopted by the State of New York, which corresponds to an Index of
70 or less as defined in the "2006 Mortgage Industry National Home
Energy Rating Systems Standards" promulgated by the Residential Energy
Services Network ("RESNET").
[Amended 10-16-2012 by L.L. No. 3-2012]
(2)
In addition to demonstrating compliance with one of the standards set forth in Subsection C(1) above, the subject dwelling must comply with the following additional requirements:
(a)
Include a total of 500 kilowatt-hours of electricity savings
per dwelling unit as defined by the Program; and
(b)
Include an automatically controlled mechanical ventilation system
as required by the Program; and
(c)
Prior to issuance of a certificate of occupancy, comply with
the "Combustion Safety Testing Standards and Procedures for New York
ENERGY STAR® Labeled Homes" standards, as tested by an analyst
certified by the Building Performance Institute or an analyst with
equivalent training approved by LIPA.
(3)
Commencing on August 1, 2008, prior to the issuance of a building
permit, the applicant shall certify that the Subject Dwelling will
comply with all aspects of the Program, using either the HERS or Builder
Option Package method. Prior to issuance of a certificate of occupancy
for the Subject Dwelling, all field verification and testing requirements
of the Program shall be met.
D.
Issuance of building permits for multifamily dwellings.
(1)
Commencing on August 1, 2008, no building permit shall be issued
for any multifamily dwelling in buildings with more than four units,
or where the units share a common egress, unless the applicant certifies
that the plans demonstrate compliance with:
(2)
No third-party verification or field testing shall be required
under this method.
