14.1.1 
General. No board, agency, officer or employee of the town shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure, or for any use of land, building or structure that would not be in full compliance with the provisions of this chapter, except as permitted under § 246-12.
14.1.2 
Enforcing authority. The provisions of this chapter or any rules or regulations authorized hereunder shall be enforced by the Department of Planning and Development, or a designated member of said Department. The Department of Planning and Development and any duly authorized assistants shall have the right to enter any building or enter upon any land at any reasonable hour in the course of their duties. They shall maintain files of all applications for building permits and site plans submitted therewith and for certificates of occupancy, and records of all building permits and certificates of occupancy issued by them, which files and records shall be open to public inspection.
Except upon written authorization of the Zoning Board of Appeals as provided in § 246-12, no building permit shall be issued for any land, building or structure where said action would not be in conformance with any provision of this chapter. Every application for a building permit shall be prepared as required in chapter 93 (Building Construction) of the Code of the Town of Oyster Bay.
The Department of Planning and Development and any duly authorized assistants shall have the right to inspect any site undergoing construction activity to ensure compliance with the issued building permit and/or site plan or other zoning approval.
No site clearing, excavation or other similar activity in preparation for construction shall be permitted until and unless a permit or approval for such activity has been duly issued by the appropriate town agency or official and any required bond has been posted therefor. Once construction has been started, it shall be diligently prosecuted to completion. In the event that construction is halted or unreasonably delayed and, in the opinion of the Department of Planning and Development, such halt or delay may create a safety or health hazard or an adverse impact on the environment or the neighborhood in which it is located, the Department may order a termination of construction activities on the site and the immediate restoration of the site to a safe, healthful and attractive condition.
Certification of full completion of site improvements by the Department of Planning and Development shall not be made until an as-built plan, prepared and certified by a licensed architect, engineer or surveyor, is submitted. Said plan shall be based on a field survey and shall show the actual location of all site improvements as constructed. The Department of Planning and Development may also require the submission of an as-built plan in digital format for the purpose of integrating such plan information into the Town's Geographic Information System (GIS). The preferred digital file format and other technical specifications shall be specified by the town.
The as-built plan shall be reviewed by the Department of Planning and Development. If an as-built plan indicates that actual site development is not in compliance with any approvals, permits or other authorizations issued by the Town of Oyster Bay, its agencies and departments or other duly authorized governmental agencies, the property owner shall be required to correct such site improvements as necessary to bring them into conformity with all such approvals. As an alternative, the applicant may seek revised or modified approvals in accordance with the same procedures required for the initial application. The requirement for an as-built plan may be waived by the Department of Planning and Development.
Except upon written authorization of the Zoning Board of Appeals as provided in § 246-12, or other specified authorization, no certificate of occupancy may be issued, pursuant to the provisions of Chapter 93 (Building Construction) of the Code of Town of Oyster Bay, unless such occupancy is in complete conformity with the provisions of this chapter. A certificate of occupancy may continue in effect as long as such occupancy is in full conformance with the provisions of this chapter and any requirements made in connection therewith at the time of issuance thereof and in full conformance with the provisions of Chapter 93. The details of any plan approved by the Town Board and/or the Department of Planning and Development, acting under the terms of this chapter, and any conditions attached to such approval, shall be deemed to be such requirements.
[Amended 9-13-2005 by L.L. No. 6-2005;[1] 3-7-2023 by L.L. No. 4-2023]
14.7.1 
Penalties for offenses. Pursuant to § 268 of the New York State Town Law, as amended, a violation of this chapter or failure to comply with any requirement instituted pursuant thereto, or the use or alteration of any building, structure or land in violation of any statement or plan submitted and approved thereunder, is hereby declared to be an offense, punishable by a fine not to exceed $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense committed within a period of five years, the punishment shall be a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense committed within a period of five years, the punishment shall be a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Violations of this chapter may be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
14.7.2 
Violation of directives. In addition to, and notwithstanding any other remedy for an offense pursuant to the requirements of this chapter, any person violating a directive issued by the Commissioner of Planning and Development, or his or her duly authorized representative, which directive is duly issued pursuant to the provisions of this chapter or any approval or permit granted in relation thereto, shall be guilty of a violation punishable by a fine not to exceed $900 or imprisonment for a period not to exceed 15 days, or both.
14.7.3 
Violation of restrictive covenants. Whenever an application, including any plans related thereto, which is submitted to the Town Board, the Zoning Board of Appeals, the Planning Advisory Board or other Town agency, results in the imposition of conditions, covenants or other type of restrictions, whether by deed, by stipulation or by agreement, the owner, tenant and any other involved party shall be responsible for performing, fully and completely, all obligations created thereby. Failure to comply with the approved application, and with any and all conditions, covenants or restrictions, required by the approving agency in connection therewith, shall be deemed a violation of this chapter, subject to the penalties as provided above.
14.7.4 
Injunctive relief. Pursuant to New York State Town Law, including, without limitation, §§ 65, 135 and 268, as amended, the Town of Oyster Bay hereby reserves the right to seek injunctive relief to enforce compliance with any provision of this chapter or of any permit or approval issued pursuant thereto.
14.7.5 
Adjudication by the Bureau of Administrative Adjudication. Any person found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall be subject to a monetary penalty within the range of fines authorized herein. Any conduct deemed to be a misdemeanor, pursuant to § 246.14.7.1, shall be within the jurisdiction of the District Court of Nassau County or other court of competent jurisdiction.
[1]
Editor's Note: This local law provided that where its requirements impose a different restriction or requirement than imposed by other sections of the Town Code, the Town Law of New York State, or other applicable rules or regulations, the requirements of this local law would prevail.
[Amended 2-10-2004 by L.L. No. 5-2004; 10-16-2012 by L.L. No. 3-2012]
For the purpose of defraying professional and administrative costs involved in the review of applications and appeals, including any legal notices required by law, fees shall be paid to the Town of Oyster in an amount as determined by the Commissioner of the Department of Planning and Development. Applicants shall pay for the publication and mailing of notices as required.
14.8.1 
Professional consultant review. The Town Board, the Zoning Board of Appeals, the Planning Advisory Board and the Department of Planning and Development, in connection with their review of any application or pre-application which may come before them, may refer such application or pre-application to such professional(s) as they deem necessary to enable them to properly administer their responsibilities. Fees charged by such professionals shall be in accord with fees usually charged for such services in the New York Metropolitan Region and pursuant to a contractual agreement between the Town and such professional. All such charges shall be paid by the Town upon submission of an invoice by the professional and upon approval by the Town Board. The applicant shall reimburse the Town for the cost of such professional review services in accordance with the procedures described below and subject to the deposit requirements as set forth in § 246-14.8.3, Schedule of Trust Account Deposits. Such fees shall be in addition to any and all other required fees.
14.8.2 
Trust accounts. At such time as a reviewing agency determines that a professional(s) will be retained to assist in its review of an application, the applicant shall submit to the Department of Planning and Development a check payable to the "Town of Oyster Bay" in the amount as set forth in § 246-14.8.3. Such amount shall be deposited into a trust account, out of which the Town will reimburse the professional(s) which the reviewing agency has retained. No such application or pre-application shall be considered complete for review purposes until said trust account is funded in accordance with the Schedule of Trust Account Deposits. The applicant shall be provided with copies of any invoices and supporting documentation submitted to the Town for payment for such professional review services. When the balance in such trust account is reduced to 1/3 of its initial amount, the applicant shall be required to submit to the Department of Planning and Development additional funds as necessary to restore the balance in such account to the amount of the initial deposit. If such account is not so replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit, the reviewing agency may suspend all review of the application. A building permit or certificate of occupancy shall not be issued until and unless all professional review costs in connection with the applicant's project have been fully reimbursed to the Town. After all pertinent charges have been paid, the Town shall refund to the applicant any unused funds remaining on deposit in such account.
14.8.3 
Schedule of Trust Account Deposits. The Schedule of Trust Account Deposits shall be maintained at the Department of Planning and Development. All trust account deposits shall be submitted to the Department of Planning and Development in the amount as determined by the Commissioner of the Department of Planning and Development. If a proposed action involves multiple approvals, a single trust account will be established. The total amount of the initial deposit shall be the sum of the individual amounts indicated.
In addition to other requirements that might be imposed by the Town Board, each application submitted to the Department of Planning and Development which requires a Zoning Map or text amendment, site plan approval, special use permit, variance, modification of restrictive covenants or modifications of conditions imposed by resolution shall include an affidavit executed by all owners of record, contract vendees, lessors and lessees, contract lessors and contract lessees, holders of any interest and contract holders of any interest in the subject property, except as otherwise provided below. Said affidavit shall set forth the following:
14.9.1 
If the affiant is an individual, the affiant's name, address of residence and age.
14.9.2 
If the affiant is a partnership, joint venture or other business entity, except a corporation, it shall set forth:
14.9.2.1 
The name and business address of the business entity or partnership.
14.9.2.2 
The date created or established.
14.9.2.3 
The place created or established.
14.9.2.4 
The names and residence addresses of all parties in interest, and the nature and extent of such interest.
14.9.3 
If the affiant is a corporation, it shall set forth:
14.9.3.1 
The name and business address of the corporation.
14.9.3.2 
The method of incorporation.
14.9.3.3 
The names and residence addresses of each officer, director and shareholder as of the date of filing of application.
14.9.3.4 
The names and mailing addresses of all persons to whom corporate stock has been pledged and with whom any agreement has been made to pledge said stock.
14.9.4 
All affiants shall set forth the names and mailing addresses of all persons, individuals, partnerships and/or corporations who are the holders of any instrument creating an encumbrance upon the property which is the subject of the application and shall also state the nature of such encumbrance.
14.9.5 
All affiants shall state to the best of their knowledge whether any person mentioned in the affidavit is a current town officer or employee or is related to a town officer or employee. If such is the case, the affiant shall provide full details.
14.9.6 
All affiants shall set forth all prior enforcement actions against any party who has an interest in the application or the property, arising from any violation of any law, statute or civil action, whether said action has occurred within the Town of Oyster Bay or in any other jurisdiction within or beyond the borders of the United States of America. Said disclosure shall be only in a manner prescribed by the Town Board. Failure to fully comply with this section shall cause the application to be judged incomplete and shall prevent said application from being entertained in any manner by the Town Board. Said affiants shall supplement their affidavit within 48 hours of any change affecting their disclosure statement occurring prior to a decision on their application. Any incorrect or incomplete statements made in the disclosure which may come to the attention of any enforcement agency or individual of the Town of Oyster Bay after the approval of the application to which the disclosure is attached shall cause the approved application and any other permit or approval issued by any Town department or individual pursuant thereto to be reviewed as follows:
14.9.6.1 
The Town Attorney is hereby authorized to conduct an investigation and to demand additional information to determine if the affiant's original disclosure was, and currently is, accurate and complete. Said information may be obtained from the affiant or from an independent source.
14.9.6.2 
The Town Attorney shall, upon completion of said investigation, report findings to the Town Board. If any incomplete or inaccurate statement, relevant to the subject application, was found to exist, the Town Board shall conduct a public hearing in accordance with the following:
14.9.6.2.1 
Whenever it shall be provided herein that a hearing may be held by the Town Board, such hearing shall be conducted on a date and at a place and hour designated by the Town Board, but in no event shall this date exceed 30 days from the date of the Town Attorney's report of findings to the Town Board.
14.9.6.2.2 
The Town Attorney shall give notice of such hearing, stating the name and address of the applicant or lessees and fee owner concerned, the subject matter of the hearing and the date, place and hour designated therefor, by mailing a copy thereof to the applicant or lessee and fee owner concerned at the address shown upon the most recent application of such applicant or licensee, at least 10 days before such hearing.
14.9.6.2.3 
At any such hearing, the applicant or lessee and fee owner involved shall be entitled to be represented by legal counsel and to present such competent material testimony or other evidence in the applicant or lessee and fee owner's behalf as may be relevant to the subject matter of the hearing.
14.9.6.2.4 
All witnesses shall be sworn and examined under oath.
14.9.6.3 
The Town Board, after the conclusion of any public hearings, and after considering all facts and testimony presented at said hearings, shall either revoke, amend or sustain the original approval.
14.9.7 
In the event that there is any change in any matter set forth on any affidavit submitted hereunder prior to the time a certificate of occupancy is granted to the subject premises, the affiant affected by such change shall file a supplemental affidavit within 48 hours after such change has occurred, giving the full details thereof. The new party introduced by said change, if any, shall, within 48 hours after such change has occurred, also file an affidavit in compliance with the requirements of this section and shall thereafter be subject to all the requirements as set forth in this section.
14.9.8 
Corporations whose stock is listed on a stock exchange or sold over the counter under regulation of the Securities and Exchange Commission, lending institutions licensed or franchised by the State of New York and public corporations are excluded from the provisions of this section.