[Code 1975, § 90-94]
(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, morals 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 validly issued by the building inspector of the village 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.
[Code 1975, § 90-95; L.L. No. 1-2005; L.L. No. 5-2007]
(a) 
There is hereby designated a public official of the village to be known as the building inspector, who shall be appointed by and serve at the pleasure of the village board of trustees.
(b) 
The village board of trustees may appoint one (1) or more deputy building inspectors as needed to act under the supervision of the building inspector. The deputy building inspector(s) shall serve at the pleasure of the board of trustees and shall have all of the duties and powers of the building inspector. For purposes of the Code of the village, both the building inspector and deputy building inspectors are referred to as building inspector.
(c) 
The building inspectors, except as otherwise specifically provided by law, shall administer and enforce all the laws, rules and regulations of the Village of Bellport. The building inspector shall receive and review all building and/or demolition applications and issue or deny same. The building inspectors are authorized to issue certificate of occupancies (CO), certificate of zoning compliances (CZC), certificate of existing uses (CEU), stop work orders, revoke building permits, order the removal of unsafe buildings or structures, to inspect properties for conformance with a building permit, inspect properties for compliance with the laws of the Village of Bellport and the State of New York, and to issue violations.
(d) 
Whenever the building inspectors have reasonable grounds to believe that any work or construction on any building, structure or at any property within the village is in violation of any provision of the Code, the laws of Suffolk County or the State of New York, or that such work or construction is unsafe or dangerous, or that it shows significant variation from plans approved by the planning board, the zoning board of appeals, the architectural review board, or the historic commission, they are authorized to issue a stop work order.
An immediate stop work order may be make verbally by a building inspector to the owner of the property or the person named on the building permit or any persons doing the work. All persons receiving a verbal stop work order from a building inspector shall immediately stop and suspend all work and construction activities at the subject property for forty-eight (48) hours. The owner of the property or the person named in the building permit shall, immediately yon receiving a stop work order from a building inspector notify all persons doing the work to stop and suspend work.
A stop work order may be issued in writing by a building inspector either as formalization of a verbal stop work order or as an initial order. Written stop work orders shall provide that no further construction or work shall be done at a location (unless limited to specific structures or work) until further written notice from the building inspector. The written stop work order shall also contain the reasons for the stop work order and the conditions upon which construction or work may resume.
The written stop work order shall be served personally upon the owner of the property (as listed on the tax rolls of the Village of Bellport) or personally on the person named on the building permit or by mailing it by certified mail to the owner of the property (as listed on the tax rolls of the Village of Bellport) or the person named on the building permit. A copy of the stop work order shall also be posted at a conspicuous location on the property.
All persons receiving a stop work order whether verbal or written shall immediately notify all workers and contractors under their employ to comply with the order. All persons failing to comply with a stop work order of a building inspector shall be in violation of this Code and shall be subject to a fine of not more than one thousand dollars ($1,000.00) a day.
(e) 
The building inspector shall have the right, power and authority to revoke a building permit in the following instances:
(1) 
Where the building permit proposes construction or work in violation of the Code, the laws of the County of Suffolk, or the laws of the State of New York.
(2) 
Where the proposed construction or work has not been properly approved by, or differs from what has bee approved by, the planning board, the zoning board of appeals, the architectural review board, or the historic commission.
(3) 
Where the building permit was obtained upon a false statement or misrepresentation of the applicant or his representative.
(4) 
Where the building permit was issued in error by the building inspector.
(5) 
Where the building permit applicant, the owner or the property, or the persons doing the work at the property fail to comply with a stop work order.
The building inspector shall serve notice of revocation of a building permit personally upon the owner of the property (as listed on the tax rolls of the Village of Bellport) or personally on the person named on the building permit or by mailing it by certified mail to the owner of the property (as listed on the tax rolls of the Village of Bellport) or by certified mail to the person named on the building permit and shall in addition post a copy of the notice at a conspicuous location on the property.
Any person aggrieved by revocation of a building permit may appeal the building inspector's notice of revocation to the village zoning board of appeals within thirty (30) days of said decision.
[Code 1975, § 90-96; L.L. No. 1-1992; L.L. No. 7-2000; L.L. No. 1-2006; L.L. No. 5-2007; L.L. No. 2-2007]
All applications for permits required by the provisions of this chapter shall be made to the building inspector in the manner prescribed herein.
(a) 
Conditional use permits.
(1) 
All applications for conditional use permits shall be made to the building inspector who shall forward the application promptly to the board of appeals for a determination as to whether such permit would be granted for the particular purpose in the particular location, prior to any determination by the building inspector as to conformity of the proposed use, structure, plans and specifications with the building code and any other applicable provisions of this chapter. A copy of the determination of the board of appeals shall be filed with the building inspector.
(2) 
On any application for a conditional use permit hereunder, the procedure set out in section 21-134 of this chapter, shall be followed and the fees hereinafter specified shall be paid at the time of filing.
(b) 
Building permits.
(1) 
A building permit shall hereafter be obtained prior to construction, erection, or alteration of any building or structure or part thereof.
(2) 
A building permit shall be issued upon the submission and approval of plans drawn in compliance with the provisions of the building code of the village and the County of Suffolk Health Department, provided such permit is approved by the building inspector as being in conformity with all pertinent provisions of this chapter. If a permit be refused on the ground that the use or proposed method of construction, erection or alteration of a building or structure or part thereof does not conform with the provisions of this chapter, the notice of rejection shall specifically set forth the particulars in which such nonconformity exists.
(3) 
Applications for building permits shall be accompanied by preliminary plans of the structure, showing compliance with the requirements hereof, and by plot plans in duplicate, drawn to scale, showing the location, dimensions, monuments, radii and angles of the lot, its relation to all lands and streets contiguous thereto, contiguous lands owned by the applicant, directly or indirectly, the size and location of existing and proposed buildings and structures on the subject property and on such contiguous properties within fifty (50) feet of the common boundary, the lines and locations of lines within which the buildings are proposed to be erected or altered and the existing or proposed occupancy thereof and proposed means of access thereto, together with the survey and, when required by the building inspector, the results of soil bearing and percolation tests at proposed building locations, all made by a licensed surveyor or professional engineer. Where a building permit, other than the limited building permit hereinafter described in subsection (b)(5) is applied for, the application shall also be accompanied by the building plans and specifications, in accordance with Article 147, Section 7037 (1-5) of the NYS Education Law, showing compliance with the requirements of the building code.
All applications for a building permit shall include the signature of the owner of the subject property signed under oath (subject to the penalties of perjury) and notarized. All drawings and/or plans, except surveys and site plans, submitted by an applicant for a building permit that requires a professional certification, as per the New York State Educational Law, must be drawn in one-quarter (¼) inch scale. The requirements for surveys and site plans, including age and scale, shall be determined by the building inspector.
(4) 
The applicant shall also furnish such additional pertinent information respecting the proposed use or work as may be requested by the building inspector or village engineer as necessary to determine the propriety of the issuance of a permit.
(5) 
(Reserved)
(6) 
That upon the issuance of a building permit, the building inspector shall approve the drawings and or plans that are the subject of the building permit by stamping and signing at least three (3) copies of them. The building department shall retain at least one (1) copy and two (2) copies shall be given to the applicant. Both the building permit and at least one (1) copy of the approved drawings and plans shall be kept at the building site, at all times, and open to inspection by the building inspector.
(c) 
Demolition permits.
(1) 
Demolition permits shall be applied for in the same manner as building permits except no plans shall be required. Any such permits shall expire thirty (30) days form the date, of issuance. However, specifications and diagram showing methods to be used for shoring buildings may be required by the building inspector. The building inspectors shall establish fees for a demolition permit.
(2) 
All applications for a demolition permit shall include the signature of the owner of property being demolished, signed under oath as to the truth of the information set forth on the application. The owner's signature shall also be notarized. A copy of the demolition permit shall be kept at the building site and open to inspection by the building inspector.
(3) 
A demolition permit shall be required when any building or structure or part thereof in excess of one hundred (100) square feet is to be removed by the applicant. Prior to the issuance of a demolition permit the following may be required by the building inspector, as applicable:
a. 
An asbestos survey, of that part of the building or structure being demolished, indicating all asbestos has been removed from the building or structure.
b. 
A certification from all utility suppliers, including the water authority, that all service to the site has been disconnected.
c. 
An insurance certificate naming the village as additional insured in an amount to be determined by the village attorney.
(4) 
A violation of this section shall be punishable by a fine up to ten thousand dollars ($10,000.00) unless said violation occurs to a building or structure that has been land marked as a historic building or structure by the village board or is situated in a historic district. The maximum fine for a violation of this section concerning a building or structure that has been land marked or is in a historic district shall be the market value of the demolished property.
All applications for a demolition permit shall include the signature of the owner of the subject property signed under oath (subject to the penalties of perjury) and notarized. All drawings and/or plans, if any, submitted by an applicant for a demolition permit that requires a professional certification, as per the New York State Educational Law, must be drawn in one-quarter (¼) inch scale, except surveys and site plans which shall be in a format acceptable to the building inspector.
That upon the issuance of a demolition permit, the building inspector shall approve, if applicable, the drawings and or plans that are the subject of the demolition permit by stamping and signing at least three (3) copies of them. The building department shall retain at least one copy and two copies shall be given to the applicant. Both the demolition permit and at least one (1) copy of the approved drawings and plans shall be kept at the building site, at all times, and open to inspection by the building inspector.
(d) 
Applications, drawings and plans submitted to the zoning board of appeals, architectural review board, planning board and historic preservation commission. All applications submitted in regards to the planning board, zoning board of appeals, architectural review board and historic preservation commission shall include the signature of the owner of the subject property signed under oath (subject to the penalties of perjury) and notarized. All drawings and/or plans, except surveys and site plans, submitted in conjunction with said application and for consideration by the zoning board of appeals, architectural review board, planning board and historic preservation commission that requires a professional certification, as per the New York State Educational Law, must be drawn in one-quarter (¼) inch scale. The requirements for the format of surveys and site plans, including age and scale, shall be determined by the building inspector in conjunction with input from the applicable boards.
[Code 1975, § 90-97; L.L. No. 1-1992]
(a) 
The board of trustees may from time to time on its own motion or on petition or on recommendation of the planning board amend, change, supplement or repeal the provisions of this chapter, including the building zone map after public notice and hearing.
(b) 
A petition requesting a change of use district classification shall be addressed to the board of trustees and must contain the original signature of each petitioner and shall state clearly and concisely the following:
(1) 
Change desired.
(2) 
The reasons therefor.
(3) 
A precise description of the boundaries of the property requested to be changed.
(4) 
A statement as to whether or not the property is within five hundred (500) feet of the boundary line of any incorporated village, township, state park or state parkway.
(5) 
The name and addresses of each petitioner.
(c) 
Such petition may be brought by the owners of the premises affected or by a contracting purchaser thereof.
(d) 
All signatures to a petition shall be duly verified.
(e) 
The following shall be submitted with the petition and shall be filed with the village clerk:
(1) 
Original and three (3) copies of the petition each accompanied by a diagram prepared by a professional engineer or licensed surveyor showing the outer boundaries of the parcel of land involved and all land within five hundred (500) feet of such boundaries.
(2) 
A filing fee, which shall be fixed by resolution of the village board.
(f) 
No petitions shall be accepted or filed with respect to any property which has been the subject of a public hearing under this section during the period of six (6) months immediately following such public hearing unless such petition shall have endorsed thereon the consent to the filing thereof of at least three (3) of the four (4) trustees as well as the mayor of the village.
[Code 1975, § 90-98]
No permit shall be issued for the erection of any building which has frontage, access to, or is otherwise directly related to any existing building or any existing or proposed county road, drainage system or drainage right-of-way, as shown on a Suffolk County official map, except in accordance with the provisions of section 239-k of the General Municipal Law and applicable amendments thereto.
[Code 1975, § 90-99]
Where extraordinary topographical conditions exist with respect to the lot upon which a building or structure is sought to be erected, the building inspector may require the applicant to furnish a topographical survey with contours of two (2) feet, showing existing grades and proposed grades on the site. In such case, no permit shall be issued unless the building inspector finds:
(1) 
That, where a subdivision is involved, the proposed grading of land conforms to a grading plan duly approved by the planning board of the village in connection with a subdivision plan.
(2) 
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 or other natural features.
(3) 
That the proposed work does not constitute any development of a subdivision heretofore disapproved or pending before the planning board of the village.
(4) 
That, if fill be proposed to be placed on the land, following such action the land will have a soil-bearing capacity sufficient for the use contemplated to be made of it.
(5) 
That the proposed change in topography 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.
[Code 1975, § 90-100]
After issuance of a building permit and upon completion of the foundation wall of the building, unless waived by the building inspector, the owner or his authorized agent shall submit to 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. No building shall hereafter be constructed above the foundation walls until the said plot plan as so prepared has been approved by the building inspector as complying with the provisions of this chapter. No certificate of occupancy shall be issued for any building fronting on a village street or village drainage system unless the completed work conforms with grading plans theretofore approved as aforesaid.
[Code 1975, § 90-101; L.L. No. 1-1992; L.L. No. 1-2005; L.L. No. 5-2007]
(a) 
When required. A certificate of occupancy shall be required prior to occupancy and use of a building hereafter constructed, erected or altered; change in use of an existing building; occupancy and use of unimproved or vacant land except for farming, as defined herein; change in use of land to a use of a different classification; or any change in the occupancy or use of a vested nonconforming building or use. No occupancy, use or change of use described above shall take place until after issuance of a certificate of occupancy by the building inspector, as provided herein.
(b) 
The building inspector may issue a certificate of compliance in place of and instead of a certificate of occupancy whenever he deems a certificate of compliance more appropriate than a certificate of occupancy so long as the procedures, prerequisites and fees for obtaining said certificate are the same as a certificate of occupancy. The term "certificate of occupancy" as used in this chapter shall be deemed to include the term "certificate of compliance".
(c) 
The building inspector may issue a certificate of existing use for those buildings, structures whose use is conforming to the Village Code but were erected prior to enactment of a law requiring a building permit for said building(s) and/or structures(s). In those situations that the building inspector is not sure of the pre-existing nature of the building(s) and/or structure(s), he shall refer the matter to the zoning board of appeals for a determination.
(d) 
The building inspector may issue a certificate of existing use for a nonconforming use only after a hearing and approval by the zoning board of appeals.
[Code 1975, § 90-102; L.L. No. 1-1992]
Any building permit required to be issued by the building inspector pursuant hereto shall lapse and shall become null and void after the expiration of one (1) year from its date of issuance. The building inspector shall renew said permit upon receipt of an application for renewal, together with the requisite renewal fee, which shall be one-half (½) the original building permit fee. Application for renewal must be received by the building inspector thirty (30) days before expiration of the original term. The renewed permit shall be good for one (1) year from the date of its issuance. At the conclusion of said extension period, the permit shall lapse and become null and void.
[Code 1975, § 9-103; L.L. No. 2-1976]
(a) 
The building inspector shall establish fees for building permits for the alteration, construction, demolition or moving of any kind or nature, including accessory buildings, and for swimming pools, fireplaces and retaining walls, which fees shall be paid by cash or certified check, payable to the Incorporated Village of Bellport, prior to the issuance of such permit. A schedule of fees will be available at the office of the village clerk.
(b) 
Such schedule of fees shall also include fees for limited building permits as described in section 21-56(b)(5) and certificates of use, duplicate certificates of occupancy, letters in lieu of certificate of occupancy and conditional use permits.
[Code 1975, § 90-104; L.L. No. 11-1975; L.L. No. 1-2005; L.L. No. 2-2026]
(a) 
Violations.
(1) 
No building, structure or accessory structure shall be erected, altered or maintained until a building permit therefor has been issued by the building inspector.
(2) 
No building, structure, accessory structure or land shall be occupied, used or changed in use until a certificate of occupancy, certificate of zoning compliance, or certificate of existing use shall have been issued by the building inspector.
(b) 
Penalties.
(1) 
Any person violating any provision of this chapter, unless otherwise stated, shall be guilty of an offense and, upon conviction thereof, be punishable by a fine of not less than $500 for each violation and not exceeding $10,000. Any corporation or entity which shall violate any such provisions shall be punishable by a special corporate fine not less than $500 and not exceeding $10,000 for each violation. Each week's continued violation shall constitute a separate additional violation.
(c) 
Remedies.
(1) 
In the case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or premises is used in violation of this chapter, or of any regulations made pursuant thereto, or in violation of any covenant or condition imposed by the Board of Trustees, the Zoning Board of Appeals or the Planning Board as a condition of any change of zone, permit, special permit, grant, subdivision approval or site plan approval, in addition to other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or premises or to prevent any illegal act, conduct, business or use in or about such premises.
[Code 1975, § 90-105; L.L. No. 3-1982; L.L. No. 1-1992]
(a) 
Procedure.
(1) 
In each case where a building, structure or use or alteration thereof is proposed in Business E District or Professional Business District, except for one-family residence dwellings, permitted agricultural uses and customary accessory uses thereto, the building inspector shall refer the site plan of the proposed building, structure or use or alteration thereof to the Village of Bellport Planning Board for its review pursuant to the provisions of this section.
(2) 
The chairman of the planning board may require a public hearing in connection with its considerations or deliberations upon any site plan submitted to it.
(3) 
There shall be submitted with the application for site plan approval a copy of any restrictive covenant running in favor of the village or any other political subdivision. If there is no restrictive covenant, applicant shall furnish an affidavit that such is the case.
(4) 
The planning board shall verify that all of the requirements of this section and all other municipal ordinances, rules, regulations and laws have been complied with prior to granting approval.
(5) 
Notice of public hearing, if required, shall be published no less than five (5) days nor more than twelve (12) days prior to the public hearing, in a newspaper having general circulation in the village. The applicant shall cause notice of said hearing to be sent, in writing, by certified mail, return receipt requested, at least five (5) days prior to the hearing date to all property owners within two hundred (200) feet as shown on the current tax rolls of the village. The applicant shall file an affidavit of mailing with the planning board or at said hearing.
(6) 
The planning board shall review ingress and egress to and from public streets and highways, drainage facilities and traffic patterns upon the premises, location and placement of parking spaces and areas, loading spaces and areas, curbs, sidewalks, screening, landscaping, architectural features, location and dimensions of buildings, impact of proposed use on adjacent land uses, access driveways, lights and signs to be placed upon the premises and drainage, all as may be required under this section or by any other municipal agency and such other elements as may be reasonably related to the health, safety and general welfare of the community.
(7) 
The planning board may approve, approve with modifications or disapprove any site plan submitted to it. If a site plan is disapproved, the planning board shall set forth its reasons.
(8) 
No building permit shall be issued by the building inspector in Business E District and/or Professional Business District without site plan approval and/or a special permit from the zoning board of appeals, the appropriate highway work permits and approval of the Suffolk County Health Department of the sanitary system and water supply.
(b) 
Application requiring variance or special permit. In any case where a site plan requires a variance or special permit from the zoning board of appeals in order to construct or use the premises as shown on the site plan, such application shall be made simultaneously with the filing of the application with the planning board. Action by the zoning board of appeals shall be deferred pending a decision by the planning board regarding the site plan. The zoning board of appeals shall consider recommendations of the planning board and may incorporate the same as a condition of its grant. Variance and special permit grants shall be deemed incorporated in the site plan.
(c) 
Fees. Applications for site plan approval shall be accompanied by a fee which shall be fixed by resolution of the village board. Said fee shall be payable to the village planning board. In addition, the applicant shall pay to the village an inspection fee of two (2) percent of the costs of all on-site improvements as estimated by the village engineer. The fee to review an application to amend a previously approved site plan shall be set by resolution of the village board.
(d) 
Exceptions to site plan approval. Notwithstanding any of the provisions of this section to the contrary, site plan approval need not be obtained for the addition to a building or structure upon the following conditions:
(1) 
The addition is not more than twenty (20) percent of the floor area of the existing structure or one thousand (1,000) square feet of floor area, whichever is less.
(2) 
The addition is the first one following an approval of a site plan. With respect to a second or further addition, site plan approval shall be required as provided in this section. This limitation shall apply regardless of whether or not the applicant or his predecessor in title made application for the building permit for the first addition.
(3) 
All other requirements of this section shall be complied with, except as may be varied by the board of appeals.
(e) 
Amendment of site plans. Whenever an application for an amendment to a previously approved site plan shall be submitted to the planning board, the applicant shall submit the previously approved site plan, together with all amendments noted thereon. The planning board shall determine compliance with the applicable village ordinances as of the date of submission of the application for an amended site plan.
(f) 
Planning board rules. The planning board may adopt such rules as it deems necessary to exercise the powers herein granted.
(g) 
Conformance with site plan. Any property developed or used pursuant to an approved site plan shall be developed, maintained and used in conformity with the provisions of said site plan. Any variation must be reviewed and approved by the planning board pursuant to the provisions of this section.
(h) 
Revocation and discontinuance of use. Upon the recommendation of the chief building inspector or the planning board, the village board may revoke an existing certificate of occupancy or certificate of use upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. Said order of the village board shall be made after a hearing held on notice to the last owner of record of the subject premises as indicated by the current assessment roll. In the event that the village board directs that such occupancy or use be discontinued or in the event that a parcel is being used or occupied without an approved site plan, the village attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy.
[Code 1975, § 90-106; L.L. No. 7-1986]
The chairperson of the zoning board of appeals, the architectural review board and the planning board shall cause to be delivered to all chairpersons of the other of the above enumerated boards prior notice of all scheduled hearings containing the names of all applicants, the location for which approval is sought and the nature of the application to be heard and shall thereafter forward copies of all determinations thereon.
[L.L. No. 2-2008]
The zoning board of appeals, architectural review board, planning board, historic preservation commission, water front commission and building department, in connection with their review of any application which may come before them, may upon the approval of the village clerk, retain an expert and or consultant (professional review service) that they deem necessary to enable them to properly review said application. Fees charged by such experts and consultants 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 village and such professional. The applicant shall pay the village for the cost of such professional review services. Payment shall be made to the village in two (2) installments. The first payment shall be a retainer of the estimated cost of the professional services. The last payment shall be the balance due after the village has received the final invoice from the professional. An applicant's failure to pay said fee shall be deemed to render an applicant's application incomplete for review purposes.