[HISTORY: Adopted by the Board of Trustees
of the Village of Sagaponack 8-13-2007 by L.L. No. 4-2007. Amendments noted where
applicable.]
Pursuant to § 377 of the Executive
Law of the State of New York, the Village of Sagaponack, Suffolk County,
New York, hereby accepts the applicability of the New York State Uniform
Fire Prevention and Building Code (hereinafter variously "state code"
or "Building Code"), except as provided herein, and shall enforce
said code.
A.
Nothing herein shall be construed as limiting the
authority of the Village to implement future ordinances or local laws
which are more stringent than the state code.
B.
Nothing herein shall be construed to repeal, modify
or constitute an alternative to any lawful zoning regulation which
is more restrictive than this article or the state code.
The Building Inspector is hereby designated
as the Superintendent of Buildings under the Building Code. The Board
of Trustees may appoint one or more Deputy Building Inspectors, as
the need may appear, to act under the supervision of the Building
Inspector and to exercise any portion of his powers and duties at
compensation which shall be fixed by the Board. Whenever the Building
Inspector is absent or unable to act, the Deputy Building Inspectors
are authorized to perform his functions.
No officer or employee of the Building Department
shall engage in any activity inconsistent with his duties or with
the interests of the Building Department, nor shall he, during the
term of his employment, be engaged directly or indirectly in any building
business, in the furnishing of labor, materials or appliances for
the construction, alteration or maintenance of a building, or in the
preparation of plans or specifications thereof within the Village,
excepting only that this provision shall not prohibit any employee
from such activities in connection with the construction of a building
or structure owned by him and not constructed for sale.
A.
Whenever by law, rule or regulation in respect to
the Building Code the words "Superintendent of Buildings" are used,
they shall be deemed to mean the Building Inspector or his deputy
or deputies as the case may be. The Building Inspector shall administer
and enforce all rules, regulations, laws and ordinances applicable
to the Building Code and the construction, alteration, repair, removal
and demolition of buildings and structures and the installation and
use of materials and equipment therein and the location, use, occupancy
and maintenance thereof.
B.
Permit application. The Building Inspector shall receive
applications and issue permits for the erection, alteration, removal
and demolition of buildings or structures or parts thereof and shall
examine the premises for which such applications have been received
or such permits have been issued for the purpose of ensuring compliance
with laws, ordinances and regulations governing building construction.
C.
The Building Inspector shall issue all appropriate
notices or orders to remove illegal or unsafe conditions, to require
the necessary safeguards during construction and to ensure compliance
during the entire course of construction with the requirements of
such laws, ordinances or regulations. He shall make all inspections
which are necessary or proper for the carrying out of his duties,
except that he may accept written reports of inspection from building
inspectors or other employees of the Building Department or from generally
recognized and authoritative service and inspection bureaus, provided
that the same are certified by a responsible official thereof.
D.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, the Building Inspector
may require the performance of tests in the field by experienced,
professional persons or by accredited and authoritative testing laboratories
or service bureaus or agencies.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits and certificates issued, fees charged
and collected, inspection reports and notices and orders issued. All
such records shall be public records open to public inspection during
business hours.
B.
The Building Inspector shall monthly submit to the
Board of Trustees a written report and summary of all business conducted
by the Building Inspector, including permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made and appeals or litigation pending.
An application for a building permit is not
required where there is no change in the perimeter or structural elements
of an existing structure which is being repaired, improved or remodeled,
or for such kinds, types and methods of repairs, improvements and
alterations as the Board of Trustees shall specify from time to time
in regulations adopted by said Board by resolution applicable to this
article.
A.
Permit required.
(1)
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the use or nature of the occupancy of any building or structure or cause the same to be done without first obtaining a building permit, separate and distinct from that required by Chapter 245, Zoning, from the Building Inspector for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature, except as is otherwise provided in the Building Code.
(2)
No person, firm or corporation shall commence the
installation, extension, modification or removal of any electrical
system or parts thereof without first filing an application with the
Building Department.
(3)
No person, firm or corporation shall commence the
construction, alteration, or removal of any plumbing or drainage systems
in existing or proposed buildings and structures or parts thereof
without first filing a plumbing application with the Building Department.
(4)
Any application for demolition of an existing structure or for a
building permit for a new structure of 600 square feet or larger or
for an addition to a structure enlarging its lot coverage by 600 square
feet or more or removal of 600 square feet or more of an existing
structure shall require submission of a survey containing spot elevations
prepared by a surveyor licensed in New York as follows: on any parcel
of three acres or less, six elevations, and on a parcel greater in
lot area than three acres, at least two elevations per acre or part
thereof, with the location of all such elevations spaced evenly throughout
the entire parcel so as to constitute an accurate representative record
of the existing, natural topography of the parcel. To the extent the
foregoing is a lesser requirement than another section of this Code
imposing a greater requirement where each section is equally applicable,
then in such event the greater requirement shall prevail. To the extent
the premises for which a demolition or building permit is required
is a farm in active agricultural use, this subsection shall not apply.
[Added 1-21-2014 by L.L. No. 1-2014]
B.
Application form; submission.
(1)
Application for a building permit shall be made to
the Building Inspector on forms provided by him and shall contain
the following information:
(a)
A description of the land on which the proposed work
is to be done.
(b)
A statement of the use or occupancy of all parts of
the land and of the building or structure.
(c)
The valuation of the proposed work.
(d)
The full name and address of the owner and of the
applicant and the names and addresses of their responsible officers,
if any of them are corporations.
(e)
A brief description of the nature of the proposed
work.
(g)
Such other information as may reasonably be required
by the Building Inspector to establish compliance of the proposed
work with the requirements of the applicable building laws, ordinances
and regulations.
(2)
Application shall be made by the owner or owner's
agent or by the architect, engineer or builder employed in connection
with the proposed work. Where such application is made by a person
other than the owner, it shall be accompanied by an affidavit of the
owner that the proposed work is authorized by the owner and that the
applicant is authorized to make such application.
(3)
Application for the installation, extension, modification
or removal of any electrical systems or parts thereof shall be made
to the Building Inspector on forms provided by him. Such forms shall
contain information as may reasonably be required by the Building
Inspector to establish compliance with the applicable ordinances and
regulations.
(4)
Application for the construction, alteration, or removal
of any plumbing or drainage systems in existing or proposed buildings
and structures, or parts thereof, shall be made to the Building Inspector
on forms provided by him. Such forms shall contain information as
may reasonably be required by the Building Inspector to establish
compliance with the applicable ordinances and regulations.
C.
Plans and specifications; waivers.
(1)
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan, drawn to scale, showing the location and size of all proposed
new construction and all existing structures on the site, the nature
and character of the work to be performed and the materials to be
incorporated, distance from lot lines and relationship of structure
on adjoining property, widths and grades of adjoining streets, walks
and alleys, and, where required by the Building Inspector, details
of structural, mechanical and electrical work, including computations,
stress diagrams and other essential technical data.
(2)
Plans and specifications shall bear the signature
of the person responsible for the design and drawings.
(3)
The Building Inspector may waive the requirement for
filing plans.
D.
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, subject to the approval of the Building
Inspector.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. With respect to buildings and structures
to be constructed on lots within a filed and approved subdivision
map which has, as part of the public improvement requirements, some
type of fire-protection device (fire hydrant, fire well, underground
storage tank, etc.), the Building Inspector shall obtain written confirmation
that such device has been installed to the satisfaction of the respective
fire district and/or any other appropriate agency having jurisdiction
over any and all other public improvement requirements at the time
the subdivision was approved. However, lots within such a subdivision
which are served by existing streets or fire-protection devices shall
be exempt from such requirement.
B.
Upon approval of the application and upon receipt
of the legal fees therefor, the Building Inspector shall issue a building
permit to the applicant upon the form prescribed by him and shall
affix his signature or cause his signature to be affixed thereto.
C.
Upon approval of the application, both sets 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 Building Inspector, and the other set shall be returned
to the applicant, together with the building permit, and shall be
kept at the building site open to inspection by the Building Inspector
or his authorized representative at all reasonable times.
D.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations, the building official shall disapprove the same and shall
return the plans and specifications to the applicant. Upon the request
of the applicant, the Building Inspector shall cause such refusal,
together with the reasons therefor, to be transmitted to the applicant
in writing.
E.
Vehicle
parking and/or standing requirements.
[Added 6-15-2009 by L.L.
No. 3-2009; amended 7-19-2010 by L.L. No. 5-2010]
(1)
No building
permit shall be issued unless:
(a)
The
recipient shall provide to the Building Inspector a survey of the
premises at which the work is to be conducted, a list of all vehicles
that will be used by any person or materialman expected to be at the
site either on a regular or occasional basis and a plan acceptable
to the Building Inspector depicting the on-site location for the standing
or parking of any such vehicle; and
(b)
The
recipient shall provide to the Building Inspector a written acknowledgement
that no such vehicles shall be permitted to stand or park on any public
or private road or shoulder thereof.
(2)
Whenever,
in the judgment of the Building Inspector, the site does not appear
adequate to allow compliance with these requirements, the Building
Inspector shall require submission of a deposit in the sum of $5,000,
to be expended upon:
(3)
The
term "recipient," as used herein, means the owner and/or general contractor
only.
F.
Any building
permit issued hereunder shall include a site drawing depicting a project-limiting
fence with silt barrier and/or hay bales within the allowed building
envelope at the site. The location of said fence, barrier and/or bales
is subject to the approval of the Building Inspector. Maintenance
of said fence, barrier and/or bales throughout the duration of any
construction under the building permit is required, and no use of
the construction site outside said fence, barrier and/or bales for
storage, staging or otherwise is permitted.
[Added 5-10-2010 by L.L. No. 2-2010]
G.
For any
construction requiring a building permit, the assigned street address
number shall be posted and displayed within five days after submission
of any application for a building permit. No building permit and/or
certificate of occupancy shall be issued unless the assigned street
address number is properly posted and displayed. It shall be unlawful
to post or maintain any number on any construction site or completed
building other than the street address number designated by the Town
of Southampton Assessor’s office.
[Added 9-19-2011 by L.L. No. 9-2011]
H.
All construction
activity is prohibited on Sundays at all times year round, after 3:00
p.m. on Saturdays between May 15 and September 15, and on the following
holidays: New Year's Day, Dr. Martin Luther King, Jr., Day, Presidents'
Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans
Day, Thanksgiving and Christmas. "Construction activity" for purposes
of this subsection, is any activity enabling the improvement of land,
including by way of illustration, not limitation, construction of
structures and other capital improvements of every kind and new landscaping
utilizing construction machinery and vehicles. Any provision herein
notwithstanding, a homeowner using domestic tools may engage in residential
repair and customary lawn and garden maintenance on Sundays, Saturdays,
and the aforesaid holidays, provided that the activity does not produce
noise greater than 85 dB(A) at a distance of 50 feet from the activity
or source.
[Added 9-17-2012 by L.L.
No. 3-2012; amended 12-16-2013 by L.L. No. 9-2013; 8-18-2014 by L.L. No. 10-2014]
I.
The use
of gas-powered hedge trimmers is limited as follows: The use of such
equipment by persons or entities, other than homeowners and tenants
for use on their own properties, is prohibited on weekdays prior to
8:00 a.m. and after 6:00 p.m., on Saturdays prior to 9:00 a.m. and
after 1:00 p.m., and all day on Sundays and all federal and state
holidays.
[Added 2-16-2021 by L.L. No. 1-2021; amended 4-20-2022 by L.L. No. 3-2022]
J.
The use
of gas-powered leaf blowers is limited as follows: The use of such
equipment shall be prohibited from May 20 through September 20. For
the balance of the year, such equipment is prohibited on Mondays through
Thursdays prior to 8:00 a.m. and after 6:00 p.m., on Fridays prior
to 8:00 a.m. and after 5:00 p.m., on Saturdays prior to 9:00 a.m.
and after 1:00 p.m., and all day on Sundays and all federal and state
holidays. The foregoing prohibitions do not apply to homeowners, tenants
and businesses engaged in commercial agricultural work for use on
their own properties.
[Added 4-20-2022 by L.L. No. 3-2022]
A permit issued by the Building Inspector shall
be effective and authorize the commencing of work in accordance with
the application, plans and specifications on which it is based for
a period of 12 months after the date of its issuance. For good cause
and in his discretion, the Building Inspector may allow a maximum
of two extensions for periods not exceeding three months each.
A.
The Board of Trustees shall from time to time, by
resolution, determine the schedule of fees under the Building Code.
B.
On the filing of an application for a building permit,
the appropriate fee shall be payable as defined by the schedule of
fees in force at the time.
C.
Construction items related solely to improving access,
safety and independent living for the disabled and elderly at entrances
to and within buildings shall be exempt from building permit fee requirements.
(1)
Commercial establishment modifications. The building
permit fee shall be waived for all modifications to commercial buildings
or places of public accommodation related to removing architectural
barriers to access and improving access for persons with mobility
impairments, including but not limited to ramps and bathroom renovations.
(2)
Home modification. The building permit fee shall be
waived for all home modifications related to improving access for
persons with mobility impairments, including but not limited to ramps
and kitchen and bathroom renovations.
The Building Inspector may revoke all permits
issued and approved in the following instances:
A.
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based;
B.
Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law;
C.
Where he finds that the work performed under the permit
is not being prosecuted in accordance with provisions of the application,
plans or specifications; or
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop-work order issued by
the Building Inspector.
Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
permit(s) was issued or in an unsafe and dangerous manner, he shall
notify the owner of the property or the owner's agent or the person
performing the work to suspend all work, and any such persons shall
forthwith stop such work and suspend all building activities until
the stop order has been rescinded. Such order and notice shall be
in writing, shall state the conditions under which the work may be
resumed and may be served upon a person to whom it is directed either
by delivering it personally to him or by posting the same upon a conspicuous
portion of the building under construction and sending a copy of the
same by registered mail or certified mail.
Any building official, upon the showing of proper
credentials and in the discharge of his duties, may enter upon any
building, structure or premises at any reasonable hour, and no person
shall interfere with or prevent such entry.
A.
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector, in addition to any which may be required under Chapter 245, Zoning.
B.
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector, in addition to any which may be required under Chapter 245, Zoning.
C.
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector, in addition to any which may be required under Chapter 245, Zoning.
D.
Electrical systems hereafter installed, extended or
modified shall not be used until a certificate of compliance has been
issued by the Building Department.
E.
Plumbing and drainage systems hereafter constructed,
altered, or removed shall not be used until a certificate of compliance
has been issued by the Building Department.
F.
No building where there has been a change of ownership shall be used
or occupied, in whole or in part, unless and until an updated certificate
of occupancy has been issued by the Building Inspector.
[Added 11-16-2020 by L.L. No. 4-2020]
There shall be maintained in the Building Department
operated by the Building Inspector a record of all findings of violations
of this chapter and the code.
A.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after application therefor is made. Failure
to act upon such application within 30 days shall constitute approval
of such application, and the building or portion thereof may thereafter
be occupied as though a certificate of occupancy had been issued.
B.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy are
in conformity with the provisions of the applicable building laws,
ordinances and regulations and shall specify the use or uses and the
extent thereof to which the building or structure or its several parts
may be put. Except for certificates of occupancy issued with respect
to residential property, the certificate of occupancy shall set forth
the maximum number of persons permitted to occupy any building, structure
or portion thereof.
In all applications for a building permit, the applicant shall certify that he will comply with the Building Code, and, on applications for a certificate of occupancy, the applicant shall certify, in writing, that he has complied with the Building Code and Chapter 245, Zoning.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of applicable building laws, ordinances or regulations,
the Building Inspector may require the same to be subjected to tests
in order to furnish proof of such compliance.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure or portion thereof in violation
of any provision of this article or to fail in any manner to comply
with a notice, directive or order of the Building Inspector or to
construct, alter or use and occupy any building or structure or part
thereof in a manner not permitted by an approved building permit or
certificate of occupancy.
B.
Any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or any
other person taking part or assisting in the construction or maintenance
of any building who shall knowingly violate any of the applicable
provisions of the Building Code or this article or any lawful order
of the Village made thereunder regarding standards for construction,
maintenance or fire-protection equipment and systems shall be punishable
by a fine of not more than $350 per day of offense or imprisonment
not exceeding 15 days, or both.
C.
Any person committing an offense against any provision of § 30-9I 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 $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of said subsection shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Added 2-16-2021 by L.L. No. 1-2021]
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises, and these remedies shall be
in addition to the penalties prescribed in the preceding section.
