[Amended 10-19-1970; 1-18-1974; 11-19-1985 by L.L. No. 2-1985; 11-23-1992 by L.L. No. 4-1992; 10-19-1993 by L.L. No. 4-1993; 10-19-1993 by L.L. No. 5-1993; 10-19-1993 by L.L. No. 6-1993; 6-14-1994 by L.L. No. 3-1994; 2-14-1995 by L.L. No. 2-1995; 5-9-1995 by L.L. No. 3-1995; 9-12-1995 by L.L. No. 5-1995; 11-21-1995 by L.L. No. 6-1995; 12-12-1995 by L.L. No. 7-1995; 1-14-2003 by L.L. No. 1-2003; 7-13-2004 by L.L. No. 3-2004; 9-14-2004 by L.L. No. 4-2004; 12-12-2006 by L.L. No. 4-2006; 11-10-2009 by L.L. No. 4-2009; 7-13-2010 by L.L. No. 4-2010; 4-8-2014 by L.L. No.
2-2014; 1-12-2021 by L.L. No. 2-2021]
A.
In their interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements for the promotion of
the health, safety and general welfare of the Village.
B.
It is not intended by this chapter to amend, repeal, abrogate, annul,
impair or interfere with covenants, easements or restrictions between
persons, nor to rescind a building permit heretofore issued where
vested rights have been secured thereunder. However, no provision
in any such covenant, deed restriction, permit or contract shall be
deemed to justify noncompliance with any provision of this chapter.
A.
The Building Inspector or any other person duly authorized by the
Board of Trustees shall have the duty to, and is authorized to, enforce
the provisions of the Uniform Code, the Energy Code, and this Code.
Such person shall have the authority to enter any building or premises
at any reasonable hour in accordance with law to discharge his or
her duties and to issue notices of violation and appearance tickets
for violations of the Uniform Code, the Energy Code, and this Code.
B.
It shall be the duty of the Village Clerk to file and safely keep
a record of all applications for permits and certificates and a record
of all permits and certificates issued, with a notation of any special
conditions involved. The Village Clerk shall also file and safely
keep copies of all plans and plot plan surveys submitted, and the
same shall form a part of the records of the office and shall be available
for the use of the Board of Trustees and of other officials of the
Village.
A.
Applications for building permits shall be submitted to the Village
Clerk in the manner prescribed herein.
B.
Building permits shall be issued by the Village Clerk following the
review and approval of all plans by the Building Inspector.
C.
No building permit shall be issued for any building, structure, occupancy,
work or use which does not conform to the Uniform Code, the Energy
Code, the provisions of this chapter and any other applicable Village
ordinances or local laws.
D.
Where an application for a building permit proposes work that requires
discretionary review and approval by the Board of Trustees, Zoning
Board of Appeals or Planning Board, or an approval by any federal,
state, county or other local authority, no building permit shall be
issued until said approvals have been granted.
A.
It shall be unlawful for any person to commence any work in connection
with the following until after the issuance of a zoning permit as
provided herein:
(1)
The construction, erection or alteration of any sign greater than
four square feet in area.
(2)
The excavation, filling or grading of land, or the removal of existing
ground cover. Material that exists on the premises shall be used for
site work whenever possible. No material to be used as fill in excess
of 100 cubic yards per acre of lot area shall be permitted to be imported
from sources off of the premises.
B.
No zoning permit shall be required where:
(1)
Prior approval has been given by the Board of Appeals under Article VII hereof or by the Planning Board in connection with final approval of a subdivision map or plot; and
(2)
Such work is included in the work to be done under a building permit and is set forth in the application for such building permit in the detail required by § 121-57, provided that material that exists on the premises shall be used for site work whenever possible. No material to be used for fill in excess of 100 cubic yards per acre of lot area shall be permitted to be imported from sources off of the premises.
A.
Applications for a zoning permit shall be made in writing by the
owner or his or her authorized agent and shall include a statement
of the use or intended use of the land and the work proposed to be
done thereon.
B.
Applications for a zoning permit shall be accompanied by a plot plan,
in duplicate, drawn to scale, showing the location, dimensions of
lot and existing buildings, structures and natural features thereon
and the character and extent of and the lines within which the proposed
work is contemplated. Such plot plan shall be drawn by a surveyor,
architect or professional engineer registered or licensed by the State
of New York.
C.
The applicant shall also furnish such additional pertinent information
respecting the proposed use or work as the Village Clerk, Building
Inspector or Village Engineer may request as necessary to determine
the propriety of the issuance of a zoning permit.
D.
No zoning permit shall be granted where the upland portions of the applicant's lots do not conform to the minimum area requirements of §§ 121-19 and 121-20 or where, on the effective date of this chapter or thereafter, the applicant is the owner of lands adjoining the tract, lot or parcel for which a zoning permit is requested which, when aggregated with such latter tract, lot or parcel, will be of at least the minimum size required by said §§ 121-19 and 121-20.
A.
Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code, the Energy Code, and the provisions of this chapter, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof or the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit.
B.
A building permit shall not be required to construct or alter any
structure with an area of 100 square feet or less, provided that said
structure has no foundation or permanent attachment to the ground.
An owner qualifying under this exception shall submit a survey or
plot plan siting the structure (this need not be by a licensed surveyor).
Notwithstanding the foregoing, a permit must be obtained for any plumbing,
and a certification from an authorized electrical inspection agency
that the work performed complies with the electrical provisions of
the Uniform Code and the Energy Code must be submitted for any electrical
work.
C.
An exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code, or the provisions of this chapter.
D.
Applications for a building permit.
(1)
Applications for a building permit shall be made in writing on a
form provided by the Village Clerk and shall include such information
as required by the Village Clerk, Building Inspector and Village Engineer
as sufficient to permit a determination that the intended work complies
with all applicable requirements of the Uniform Code, the Energy Code,
and the provisions of this chapter.
(2)
Said application shall be signed by the owner of the property where
the work is to be performed and contain a description of the proposed
work, the Tax Map number and street address of the property where
the work is to be performed, the occupancy classification of any affected
building or structure, a statement of special inspections prepared
in accordance with the provisions of the Uniform Code, and accompanied
by building plans which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or professional
engineer registered or licensed by the State of New York;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, the distances between the buildings and structures and the lot lines, and any other information required by Article XI of this chapter.
E.
Driveways that are new, reconstructed, relocated or topped with a
material different from the original require a building permit and
are subject to the following conditions:
(1)
Any driveway shall, to the extent feasible, be located to provide
safe access to the adjacent roadway.
(2)
The driveway access strip across the right-of-way between the paved
road and the property line may be paved by the abutting property owner.
If so paved, it shall be paved with a suitable material that initially
or with the passage of time will not result in a road hazard.
(3)
The property owner utilizing the abutting access strip between the
paved road and the property line shall assume all liability and costs
of construction and maintenance thereof. The Village may request the
property owner to remove or modify any material used on the access
strip that the Village believes may create a hazard or if the access
strip is to be utilized by the Village. If the property owner fails
to comply within the period specified, the Village may remove or modify
the material, the cost of which shall be assessed to the property
owner. In all cases, the Village shall be held harmless by the property
owner as a result of construction or maintenance of the driveway access
strip.
(4)
Water and soil shall not be permitted by the abutting property owner
to flow onto the roadway from the property (whether from the driveway
or otherwise). To this end, special temporary erosion and water control
measures may be required by the Village during the construction period,
and permanent erosion and water control measures also may be required
as part of the construction process. The property owner shall bear
the cost of construction and maintenance of such measures and shall
have the liability for any claims or damage arising from any such
construction on Village property.
F.
A building permit shall be issued by the Village Clerk following
a determination by the Building Inspector that the proposed work is
in compliance with the applicable requirements of the Uniform Code,
the Energy Code, and the provisions of this chapter.
G.
Building plans which are accepted as part of the application for
a building permit shall be maintained by the Village Clerk. One set
of the accepted building plans shall be returned to the applicant
to be kept at the work site so as to be available for use by the Building
Inspector or a person duly authorized by the Board of Trustees to
enforce the provisions of the Uniform Code, the Energy Code, and this
Code.
H.
Building permits shall be visibly displayed at the work site and
shall remain visible until the authorized work has been completed.
I.
All work shall be performed in accordance with the approved building
plans and site plan which formed the basis for the issuance of a building
permit. The permittee shall immediately notify the Building Inspector
of any change occurring during the course of the work. If the Building
Inspector determines that such change warrants a new or amended building
permit, such change shall not be made until and unless a new or amended
building permit reflecting such change is issued.
J.
Building permits shall expire one year from the date of issuance.
A building permit may be renewed as follows:
(1)
Building permits may be renewed for up to three additional six-month
periods on payment of a renewal fee for each period, provided that
there has been substantial work or construction done pursuant to the
permit during the initial term and any renewal terms of the building
permit.
(2)
Building permits may be renewed for additional six-month periods
with the prior approval of the Board of Trustees which, upon application
and reasonable cause shown by the applicant, may authorize additional
building permit renewals at its discretion.
K.
If substantial work or construction has not taken place prior to
the expiration of the initial building permit and any renewal period,
or a certificate of occupancy has not been issued during the initial
permit term or any renewal period, then the building permit shall
be deemed void and may not be renewed. In the case of reissuing a
void permit, a new building permit must be issued in compliance with
all current requirements, including payment of all fees.
L.
Fees for all building permits and renewals shall be determined by
resolution of the Board of Trustees and are payable in advance to
the "Village of Old Field." Building permit fees shall be doubled
if any construction is commenced prior to a permit application being
filed or prior to a building permit being issued.
The applicant also shall furnish such additional pertinent information
respecting the proposed use or work as may be required by the Village
Clerk, Building Inspector or Village Engineer as necessary to determine
the propriety of the issuance of a permit.
A.
Whenever proposed excavation or grading is involved in building construction or work enumerated in § 121-55A(2), the applicant shall also furnish a topographical map conforming to the requirements of Chapter 95, which map shall also show the existing and proposed topography of the area covered by the proposed excavation or grading and such area surrounding the area as the Village Engineer may require in order to determine the effects of the proposed work, as well as the ownership of all contiguous lands. Material that exists on the premises shall be used for site work whenever possible. No material to be used as fill in excess of 100 cubic yards per acre of lot area shall be permitted from outside sources.
B.
No permit shall be issued unless the Village Engineer has certified
that:
(1)
That the proposed work conforms to all federal, state and local laws,
rules and regulations and generally accepted engineering standards.
(2)
In appropriate cases, that the proposed grading of land conforms
to a grading plan duly approved by the Planning Board in connection
with a subdivision plat.
(3)
That said work will not create any undue hazard on the land in question,
on any abutting road or drainage system or on adjacent property due
to excess drainage, soil erosion, silting or other conditions resulting
from improper excavation or grading or disturbance of existing topography,
ground cover or other natural features.
(4)
That the proposed work does not constitute any development of a subdivision (as defined in Chapter 95, Subdivision of Land) heretofore disapproved or pending before the Planning Board.
(5)
That if fill is proposed to be placed on the land, following such
action, the land will have a soil-bearing capacity sufficient for
a use permitted thereon under this chapter.
(6)
That the proposed change in existing condition will not materially
adversely affect the value of adjacent property or property in the
immediate neighborhood thereof due to excess drainage, soil erosion,
silting or other conditions resulting from disturbance of topography,
ground cover or other natural features.
C.
All operations done under such a permit shall be done in accordance
with the following:
(1)
Where fill is required and approved in the permit, the soil must
be clean and compatible with good drainage and soil stability.
(2)
Removal of material and redepositing and storage of any materials
must not undermine, weaken or deprive of support the lands in the
vicinity.
(3)
Excavating, filling and grading must not:
(4)
All excavating, filling and grading shall be only the minimum required
for the authorized improvement.
A.
No building permit shall be issued for the construction or alteration
of any building or structure unless the street giving access to the
lot on which such building or structure is proposed to be erected
or altered has been duly placed on the Official Map of the Village
and has been suitably improved or, in the case of a subdivision, a
performance bond for such street improvement has been approved by
the Planning Board and has been furnished to the Village.
B.
No building permit or zoning permit shall be issued for any property
which does not have a valid certificate of occupancy/certificate of
compliance or certificate of existing use for all existing buildings,
structures and uses on the lot.
If the Building Inspector determines that a building permit
was issued in error because of incorrect, inaccurate or incomplete
information or that the work for which a building permit was issued
violates the applicable requirements of the Uniform Code, the Energy
Code, and the provisions of this chapter, the building permit shall
be revoked or suspended until such time as the permittee demonstrates
that:
A.
All work then completed is in compliance with all applicable provisions
of the Uniform Code, the Energy Code, and the provisions of this chapter;
and
B.
All work then proposed to be completed shall be in compliance with
all applicable provisions of the Uniform Code, the Energy Code, and
the provisions of this chapter.
A.
Work shall remain accessible and exposed until inspected and accepted by the Building Inspector. The permittee shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B.
The following elements of the construction process shall be inspected,
where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection of foundation; conformity with grading plan.
(1)
After issuance of a building permit and upon completion of the foundation
wall of a building, the owner or his authorized agent shall submit
to the Village Clerk, for review and approval by the Building Inspector,
a certified plot plan, prepared by a land surveyor licensed to practice
in the State of New York, showing the location of the building on
the property.
(2)
No building shall hereafter be constructed above the foundation walls
until the said plot plan survey has been approved by the Building
Inspector as complying with the provisions of this chapter.
(3)
No certificate of occupancy shall be issued for any building fronting
on a Village street or Village drainage system unless the Village
Engineer has inspected the property and certifies that the completed
work conforms to grading plans theretofore approved as aforesaid.
A.
A certificate of occupancy/certificate of compliance or certificate
of existing use shall be required prior to any of the following:
(1)
Any work which is the subject of a building permit.
(2)
Change in use of an existing building.
(3)
Occupancy and use of unimproved or vacant land, except for farming,
as defined herein.
(4)
Change in the use of land to a use of a different classification,
except for farming.
(5)
Any change in the occupancy or use of a vested nonconforming use.
B.
No such occupancy, use or change of use shall take place until after
issuance of a certificate of occupancy/certificate of compliance as
provided by this chapter. The Village Clerk may also issue a certificate
of existing use, subject to the review and approval by the Building
Inspector, to record the status of a vested nonconforming use and
or to certify the conformity of a conditional use.
An application for a certificate of occupancy/certificate of
compliance or certificate of existing use shall be made, in writing,
by the owner or his authorized agent upon forms provided by the Village
Clerk.
The fee for a certificate of occupancy/certificate of compliance
or certificate of existing use shall be determined by the Board of
Trustees. Such fee shall be paid to the "Village of Old Field" upon
application for such certificate or copy thereof.
A.
The Village Clerk shall issue a certificate of occupancy/certificate
of compliance following a determination by the Building Inspector
that the work which was the subject of the building permit was completed
in accordance with all applicable provisions of the Uniform Code,
the Energy Code, and this chapter and, if applicable, that the structure,
building or portion thereof that was converted from one use or occupancy
classification or sub-classification to another complies with all
applicable provisions of the Uniform Code, the Energy Code, and this
chapter. The Building Inspector shall inspect the building, structure
or work prior to the issuance of a certificate of occupancy/certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Building Inspector, at the expense of the applicant, shall
be provided to the Village Clerk prior to the issuance of the certificate
of occupancy/certificate of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Certification from an authorized electrical inspection agency that
the work performed complies with the electrical provisions of the
Uniform Code and the Energy Code;
(3)
Flood hazard certifications; and
(4)
A written statement from the Village Engineer certifying that the
work performed complies with the approved site plan.
B.
A certificate of occupancy/certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy/certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy/certificate of
compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Building Inspector and the date of issuance.
C.
If a request to issue a certificate of occupancy/certificate of compliance
is denied, the reason for the denial shall be stated upon the application
and one copy thereof returned to the applicant.
D.
For the purpose of recording the status of an existing vested nonconforming
use or of certifying the conformity of an existing conditional use,
the Village Clerk, upon approval of the Building Inspector, may issue
a certificate of existing use which shall state the character and
extent of each lawful conformity and nonconformity and the facts upon
which the lawfulness of any nonconformity are based as found upon
inspection by the Building Inspector, and the Building Inspector shall
issue such orders as the circumstances may require with respect to
any unlawful nonconformities so found.
E.
If the Building Inspector determines that a certificate of occupancy/certificate
of compliance or certificate of existing use was issued in error because
of incorrect, inaccurate or incomplete information and if the relevant
deficiencies are not corrected within such period of time specified
by the Building Inspector, the certificate of occupancy/certificate
of compliance or certificate of existing use shall be revoked or suspended.
A.
It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, convert, maintain or use any building, structure or land, or permit any building, structure or land to be used or occupied, in violation of this chapter and any other applicable Village laws and ordinances, the Uniform Code, the Energy Code, and any condition imposed or covenant required by the Board of Trustees, Zoning Board of Appeals or Planning Board as a condition of approval of any change of zone, permit, special permit, variance, grant, subdivision or site plan. Such unlawful actions shall be deemed a violation punishable under the provisions of § 121-71.
B.
It shall be a violation of this chapter for any person, firm or corporation
to install or cause to be installed or to alter electrical wiring
for light, heat or power in or on properties of the Village of Old
Field until an application for inspection has been filed with the
New York Board of Fire Underwriters. It shall be a violation of this
chapter for a person, firm or corporation to connect or cause to be
connected electrical wiring in or on properties for light, heat or
power to any source of electrical energy supply prior to the issuance
of a temporary certificate of compliance by the New York Board of
Fire Underwriters.
A.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $350 or imprisonment for a period not to exceed six months,
or both, for a conviction of a first offense; for a conviction of
a second offense, both of which were committed within a period of
five years, punishable by a fine 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, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. Each week's continued violation
shall constitute a separate additional violation.
B.
If any person fails to abate any violation of this chapter within
10 calendar days after written notice has been served to said person
or within 15 days after written notice has been sent to said person
by registered or certified mail at his home or business address, said
person shall be subject to a civil penalty of $500 for each and every
day that each and every violation continues, recoverable by suit brought
by the Village.
C.
Any person who shall make a false statement as to any material fact
on any application made or required to be made hereunder or who shall
omit in his application any material information required hereby shall
be subject to a fine of not more than $500 and shall be liable for
damages to such persons who shall have been adversely affected by
the issuance of a permit based, in whole or in part, upon a false
statement or statements and by work done upon such applicant's
land in reliance upon such permit.
D.
No occupancy permit which shall have been issued as a result of inaccurate,
incomplete or false statements in any application therefor or in any
application for a zoning permit or building permit filed precedent
to or concurrent with the application for an occupancy permit shall
be valid, and no person may claim any vested rights based thereon,
despite any other provision of law.
E.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained or any building, structure
or land is used or any land is divided into lots, blocks or sites
in violation of this chapter or of any local law or other regulation
made under authority conferred thereby, the Village, in addition to
other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance, use or division of land, to restrain,
correct or abate such violation, to prevent the occupancy of said
building, structure or land or to prevent any illegal act, conduct
of business or use in or about such premises. All issues in any action
or proceedings for any of the purposes herein stated shall have preference
over all other civil actions and proceedings.
F.
The remedies provided herein shall be cumulative and shall be in
addition to any other remedies provided by law.
A.
No electrical inspection agency may conduct electrical inspections
in the Village unless said agency is licensed by Suffolk County and
said agency's chief electrical inspector and all subordinate
electrical inspectors have been certified by the International Association
of Electrical Inspectors. In no event shall the cost or expense of
inspections or reinspections as described in this chapter be a charge
against the Village of Old Field.
B.
It shall be the duty of any electrical inspector conducting electrical
inspections in the Village to report, in writing, to the Village Clerk
and Building Inspector all violations or deviations from or omissions
of the electrical provisions of the Uniform Code, the Energy Code,
and the provisions of this chapter, insofar as any of the same apply
to electrical wiring. An authorized electrical inspector shall make
inspections and reinspections of electrical installations in and on
properties in the Village upon the written request of an authorized
official of the Village of Old Field, or as herein provided, and is
authorized to make inspections and reinspections of electrical installations
in and on properties in the Village where he or she deems it necessary
for the protection of life and property. In the event of an emergency,
it is the duty of an authorized electrical inspector to make electrical
inspections upon the oral request of an official or officer of the
Village of Old Field.
