A.
Without intending to specify each and every instance
in which a building or demolition permit is required, no person shall
commence the erection, construction, enlargement, alteration, removal,
improvement, demolition, conversion or change in the nature of the
occupancy of any building, structure or land area or of any platform,
staging or flooring to be used for standing or seating purposes; or
the cutting or widening of any driveway so as to increase the area
thereof by more than 10% of the existing driveway area when such increase
will diminish or reduce the exiting lawn area or diminish or curtail
any front, side or rear yard as free, open and unoccupied space; or
the cutting or restoration of a curb; or the excavation or stripping
of land; or the clearing of land by the removal of numerous trees
or shrubs therefrom; or the installation of a central air-conditioning
system; or the removal of soil, sand or gravel from vacant land; or
engage in any other activity or operation covered by this chapter,
or cause the same to be done, without first obtaining a separate building
or demolition permit from the Building Department for each such building,
structure, activity or operation.
[Amended 10-9-2007 by L.L. No. 11-2007; 3-10-2008 by L.L. No. 2-2008]
B.
Exemptions.
(1)
No building permit shall be required for ordinary repairs so long
as such repair does not involve:
[Amended 10-16-2019 by L.L. No. 4-2019]
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner that impacts egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
(2)
Any such exemption is not deemed authorization to perform noncompliant
work. The exemption from the requirement to obtain a building permit
for work in any category set forth in this subsection shall not be
deemed an authorization for work to be performed in violation of the
Uniform Code or the Energy Code.
C.
All building permits issued hereunder and hereafter shall expire automatically 12 months after the date of issuance. The Building Department shall be authorized, upon written request, to grant extensions of a building permit for no more than two successive periods of six months in duration each or to reinstate a lapsed building permit for good cause shown. Any building permit issued prior to the effective date of this subsection shall be deemed to have been issued on such effective date and shall be entitled to two successive renewals as provided above. The fee for such permit shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application which shall be in writing and shall be filed with the Building Superintendent. The form for such application shall be as prescribed by the Building Superintendent. After the expiration of the last of any applicable renewal periods, the applicant shall be required to pay a fee in the sum set forth in Chapter A142, Schedule of Fees, for new building permits.
[Added 10-9-2007 by L.L. No. 11-2007; amended 11-10-2008 by L.L. No. 12-2008]
A.
An application for a building permit shall be made, in writing, on
a form provided by the Code Enforcement Officer. The application shall
be signed by the owner of the property where the work is to be performed
or an authorized agent of the owner. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
The application shall include such information as the Code Enforcement
Officer deems sufficient to permit a determination by the Code Enforcement
Officer that the intended work complies with all applicable requirements
of the Uniform Code, the Energy Code and any other laws, ordinances
or regulations. At a minimum, the application shall be accompanied
by the following information and documentation:
[Amended 10-16-2019 by L.L. No. 4-2019]
(1)
A description of the proposed work;
(2)
The tax map designation and the street address of the premises where
the work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
Sets of construction documents (drawings and/or specifications),
as determined to be necessary by the Code Enforcement Officer, which
shall include, at a minimum:
(a)
Scope of the proposed work, in sufficient detail;
(b)
Except where determined to be not necessary for the work scope,
plans must be prepared by a New York State registered architect or
licensed professional engineer where so required by the Education
Law;
(c)
Substantiation that the work will comply with the Uniform Code
and the Energy Code; and
(d)
Where applicable, a site plan or survey 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, and the distances between the buildings and structures
and the lot lines.
D.
Compliance with other provisions.
[Added 10-16-2019 by L.L.
No. 4-2019]
(1)
An application for a building permit filed with the
Code Enforcement Officer may be required to undergo one or more of
the following review procedures, either at the direction of the Code
Enforcement Officer or the election of the applicant:
(f)
Review by the Zoning Board of Appeals pursuant
to an application for a special permit under one or more of the provisions
of the Zoning Law or any other provision of this Code.
(g)
Review by the Board of Trustees pursuant to
an application for a special permit under any provision of this Code.
(i)
Review by the Nassau County Department of Health
regarding the method of waste disposal and water supply.
(2)
If such application for a building permit does indicate
that one or more of the above-stated review procedures is required
before a building permit can be issued, the Code Enforcement Officer
shall so advise the applicant, in writing, indicating which review
procedures his application shall be subject to and citing the chapters
of this Code or other law which pertain thereto. Depending on the
type of application for which a permit is sought, the applicant will
be required to comply with the provisions of one or more of such chapters
or laws. No building permit will be issued prior to such compliance
and approval by the cognizant review board.
[Amended 10-16-2019 by L.L. No. 4-2019]
(3)
If an applicant has received development permit, site
plan, variance, special permit or other approval pursuant to an application
for subdivision approval, he shall not be required to obtain such
approval again in connection with his application for a building permit,
provided that there have been no changes in any of the plans, facts
or representations upon which the site plan, variance, special permit
or other approval was granted.
(4)
For the assistance and information of applicants for
building permits under this chapter and Code, the following sections,
in diagrammatic form, indicate the steps which must be followed:
E.
Payment of taxes or other moneys due Village. No application
for a building or demolition permit shall be accepted, nor shall a
permit or certificate of occupancy be issued, unless there shall have
been fully paid, as of the time of the application, any and all Village
taxes due, whether represented by unredeemed tax sale certificates
or otherwise, or assessments or liens of any kind, together with interest
and other lawful charges pertaining to such taxes, assessments or
liens, and/or any other charges, penalties or other moneys due the
Village. The certificate of the Village Treasurer shall constitute
prima facie evidence of the correctness of the amount claimed to be
due the Village.
F.
Amendments. Amendments to the application or to the
plans and specifications accompanying the same may be filed at any
time prior to the completion of the work for which a permit was granted
and issued, subject to the approval of the Code Enforcement Officer.
Such amendments, after they have been duly approved by the Code Enforcement
Officer, shall be deemed and made a part of the original application
and shall be filed as such. Such amendments shall state the additional
cost, if any, and any additional fees required shall be paid.
[Amended 10-16-2019 by L.L. No. 4-2019]
G.
Consulting
expenses/deposit requirements. Any expenses incurred by the Village
or the Building Department for any consultant providing engineering,
surveying, environmental or other similar expert advice shall be the
financial responsibility of the applicant, to the extent such expenses
are customary and reasonable. As determined by the Building Department,
at the time of the submission of an application or submission of pre-application
documents (and a request for Building Department review) or at such
time as the Building Department, upon becoming aware of any such anticipated
costs, determines, an applicant or requestor shall be required to
deposit with the Village Clerk a sum as a reasonable estimate of those
costs, as may be determined from time to time by the Board of Trustees.
An applicant or requestor shall only be responsible for the costs
that are actually and necessarily incurred by the Village in connection
with the application. If the amount of the deposit is insufficient
to cover the direct costs incurred by the Village or Building Department,
the applicant or requestor shall, at such time as fixed by the Village
Clerk, deposit with the Village an amount deemed sufficient to defray
all such costs. Upon a determination that a deposit is required or
that the then-on-hand deposit is insufficient, unless emergency or
exigent circumstances exist as determined by the Building Department,
the Building Department shall not further process the application
or request until the required sum is deposited with the Village Clerk.
If the amount deposited exceeds the actual costs actually and necessarily
incurred by the Village, the unused portion of such deposit shall
be returned to the applicant or requestor within 60 days after a certificate
of occupancy or completion is issued or the application is withdrawn,
whichever occurs first.
[Added 3-8-2021 by L.L. No. 1-2021]
(See chart at end of chapter.)
(See chart at end of chapter.)
A.
The Code Enforcement Officer shall examine or cause
to be examined all applications for building or demolition permits
and the plans, specifications and documents filed therewith. He shall
approve or disapprove the application within a reasonable time.
[Amended 10-16-2019 by L.L. No. 4-2019]
B.
The Code Enforcement Officer shall not issue a building
permit for the construction, erection or alteration of any structure
unless there is a street giving access to the proposed structure which
is suitably improved and maintained to provide a safe, convenient
and passable means of ingress and egress to the premises for all private,
public and emergency vehicles. In the alternative, and in the discretion
of the Planning Board, a performance bond sufficient to cover the
full cost of the improvement of such street as estimated by the Planning
Board shall be furnished to the Village by the owner or owners of
the property to be improved, as provided in the Village Law.[1] In cases of subdivision development, streets shall be
provided for and installed in accordance with the rules and regulations
of the Planning Board.[2]
[Amended 10-16-2019 by L.L. No. 4-2019]
C.
The Code Enforcement Officer shall not issue a permit
for the demolition of any structure unless the applicant for such
permit files with his application a written certification from the
Nassau County Health Department that the structure to be demolished
was inspected by said Department and that no evidence of rodent infestation
was found at the time of such inspection.
[Amended 10-16-2019 by L.L. No. 4-2019]
D.
Upon approval of the application and upon receipt
of the fees specified therefor and any other moneys due the Village,
the Code Enforcement Officer shall issue a building or demolition
permit to the applicant upon the form prescribed therefor and shall
affix his signature or cause his signature to be affixed thereto.
[Amended 10-16-2019 by L.L. No. 4-2019]
E.
Upon approval of the application, each set of plans
and specifications shall be endorsed with the word "approved." One
set of such approved plans and specifications shall be retained in
the files of the Code Enforcement Officer, and the other set shall
be returned to the applicant, together with the Building permit if
issued. The building or demolition permit and an approved set of plans
shall be kept at the building site, open to inspection by the Code
Enforcement Officer or his authorized representative at all reasonable
times.
[Amended 10-16-2019 by L.L. No. 4-2019]
F.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all requirements of the applicable building or
zoning regulations,[3] the Code Enforcement Officer shall disapprove the same
in writing and shall return the plans and specifications to the applicant,
together with the written disapproval.
[Amended 10-16-2019 by L.L. No. 4-2019]
G.
Every applicant, by applying for and accepting a permit
under this chapter:
[Amended 10-16-2019 by L.L. No. 4-2019]
(1)
Expressly agrees to protect, indemnify and save harmless
the Village and its officers, agents and employees from any and all
costs and expenses in relation thereto, including reasonable counsel
fees, in any way arising out of such work or activity or of any act
or default of the applicant and/or owner, with the same full force
and effect as if a formal indemnity agreement had been executed and
delivered by such applicant and/or owner to the Village.
(2)
Designates his agent, the person performing the work
or any person of suitable age and discretion at the work site as his
agent to receive stop-work orders and other notices and orders authorized
under this chapter to be served in the same manner as stop-work orders.
H.
The issuance of a building or demolition permit shall
constitute authority to the applicant to proceed with the work in
accordance with the approved plans and specifications and in accordance
with the applicable building laws, ordinances or regulations. All
work shall conform to the approved application, plans and specifications,
except that no building or demolition permit shall be valid insofar
as it authorizes the performance of work or the use of materials which
are not in accordance with the requirements of the applicable building
regulations.
I.
Notice that work is in progress under said building
or demolition permit shall be given to the Code Enforcement Officer,
stating the date on which said work was commenced. Prior to substantial
completion of said work, a further notice shall be given to the Code
Enforcement Officer, advising that the particular job is ready for
inspection preparatory to the issuance of a certificate of occupancy.
[Amended 10-16-2019 by L.L. No. 4-2019]
[Added 10-16-2019 by L.L.
No. 4-2019]
A.
No building or structure shall be demolished, in whole or in part,
before a permit therefor is obtained from the Code Enforcement Officer
upon an application, in writing, executed by the owner or a person
authorized, in writing, by the owner, setting forth the full name
and residence of each of the owners of the building or structure to
be demolished, the name and business address of the person(s) doing
the work and such other information with respect to the building or
structure as the Code Enforcement Officer may require. Such application
shall be submitted at least 72 hours before the work of demolition
is to be commenced, except where waived by the Code Enforcement Officer
and the Nassau County Health Department, at least 24 hours before
starting the work.
B.
Applications for demolition permits shall be subject to any requirements
of the Nassau County Health Department.
C.
Any demolition permit issued hereunder shall expire at the end of
30 days from the date of issuance.
D.
In granting any demolition permit hereunder, the Code Enforcement
Officer may impose reasonable conditions where necessary or appropriate
to protect the public health, safety and general welfare.
[Added 12-13-2021 by L.L. No. 8-2021, effective 12-17-2022]
A.
Purpose. The purpose of this section is to establish a notification
procedure to residential property owners who may be impacted by a
proposed construction project so that residents are made aware of
the proposed work in a timely manner and can identify concerns with
the building permit applicant prior to the commencement of construction.
B.
Applicability. Except as provided herein, all building permit applications
for demolition, new construction, alterations that expand the exterior
dimensions of a building or create a new exterior structure, enlarge
or relocate a parking or outdoor usable area, and changes of use,
for properties i) used or proposed to be used entirely or partially
for commercial purposes, whether or not located in a Business Zoning
District, and ii) located within 150 feet of any property used for
residential purposes, shall be subject to the notification procedures
provided in this section.
C.
Building Department determination. The Building Department shall
determine whether a building permit application is subject to the
notification requirements in this section.
D.
Applicant submissions. If determined to be subject to the notification
requirements, an applicant shall:
(1)
Pay a fee, in an amount to be determined by resolution of the
Board of Trustees, from time to time, to the Village for the Building
Department's processing of the notification and preparation of a list
of property owners entitled to notice, in accordance with this section;
and
(2)
Provide the name and contact information for a point of contact.
E.
Written notice. The Building Department shall prepare a written notice describing the proposal and the contact information for the point of contact, which notice shall be mailed in accordance with Subsection G herein. The notice shall be provided to the applicant.
F.
List of property owners. The Building Department shall prepare a
list of property owners entitled to notice.
G.
Mailing of notice. The notice, together with an eleven-inch-by-seventeen-inch
set of plans, shall be mailed as follows:
(1)
The applicant may deliver the notice and plans in prepaid envelopes
for each property owner entitled to notice, to be sent by regular
mail, to the Village Building Department for mailing; or
(2)
The applicant shall mail the notice and plans, by certified
mail, return receipt requested, to all property owners entitled to
notice and provide the Village Building Department with an affidavit
of mailing demonstrating that the notice and plans were so mailed
to all property owners entitled to notice.
H.
Building permit issuance. Upon the completion of mailing of notice, as provided in Subsection G herein, the Building Department may issue a building or demolition permit, as the case may be.
I.
Owners entitled to notice. The required notice and plans shall be
mailed to all property owners within 150 feet of the applicant's property.
J.
Exemptions. The notice provisions shall not apply for building permit
applications for projects that have been the subject of a duly noticed
public hearing before the Zoning Board of Appeals or Planning Board,
provided that the nature of the work for which the building permit
application is required is both substantially included in the hearing
notice and is the subject of the hearing.
A building or demolition permit shall be prominently
displayed on the premises while the work is being performed.
A.
The fee to file an application for a building or demolition permit and the fee for a building or demolition permit shall be set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application filed with the Code Enforcement Officer. The application shall not be deemed filed and no permit shall be issued until said fees shall have been paid and all other pertinent requirements of this chapter complied with.
[Amended 3-10-2008 by L.L. No. 4-2008; 10-16-2019 by L.L. No. 4-2019]
B.
If the fee for any type of work for which a permit
is required under this chapter is not specified above, the Village
Board shall, in such case, determine and fix a reasonable fee therefor
consistent with the Village's cost of processing the application and
approving said work under the permit.
C.
Refund of fees.
(1)
In the event that an application for a building permit
shall not be approved, the applicant shall be entitled to a refund
of 50% of the building permit fee paid, provided that no construction
shall have been commenced.
[Amended 3-10-2008 by L.L. No. 4-2008]
(2)
No fee or part thereof shall be refunded:
(a)
If construction work shall have been commenced
and the application shall not be approved.
(b)
After a building permit has been issued.
(c)
After abandonment of the project.
(d)
If a building permit is revoked.
(e)
If there is any willful violation of the provisions
of this chapter or the New York State Building Construction Code.
(3)
In the event that an application for a demolition
permit shall not be approved, the applicant shall be entitled to a
full refund of the fee paid.
(4)
No part of the fee paid to file an application for
a building or demolition permit shall be refundable. If the building
or demolition permit is issued, the fee paid to file the application
for the building or demolition permit shall be applied toward the
fee payable for the building permit or the demolition permit.
[Added 3-10-2008 by L.L. No. 4-2008]
D.
Determination of value of work. The Code Enforcement
Officer shall not be bound by any statement of value contained in
any application for a building permit. His determination of value
shall be binding unless the applicant, by proper documentation, establishes,
to the satisfaction of the Code Enforcement Officer, the fair value
of the work to be done and the fee to be charged. If there is any
conflict as to the value or estimated cost, the Code Enforcement Officer's
finding shall prevail. The Code Enforcement Officer may consider,
among other things, the cost per square foot of different types of
construction in arriving at the value or estimated cost of any work.
[Amended 10-16-2019 by L.L. No. 4-2019]
[Amended 10-16-2019 by L.L. No. 4-2019]
If the Code Enforcement Officer determines that a building permit
was issued in error because of incorrect, inaccurate or incomplete
information, that the work for which a building permit was issued
violates the Uniform Code or the Energy Code, the Code Enforcement
Officer shall revoke the building permit or suspend the building permit
until such time as the permit holder demonstrates that:
A.
All work then completed is in compliance with all applicable provisions
of the Uniform Code, the Energy Code, and all applicable laws, ordinances
and regulations, and
B.
All work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code, the Energy Code, and
all applicable laws, ordinances and regulations.
