A.
The administration of the code shall rest with the
Building Department of the Village of Lake Grove. The Department shall
be charged with the enforcement of the code relating to the erection,
repairing, remodeling, altering, moving and inspections of buildings.
B.
The Building Inspector or other authorized agent appointed
by the Village Board shall be a person perfectly conversant with plans
and specifications of buildings and structures and must have had,
prior to his appointment, at least 10 years' actual experience as
an architect, engineer or master builder or such other person found
by the Village Board to have sufficient experience.
C.
The Building Inspector and any of the authorized employees
of the Building Department shall have the powers conferred upon them
by the Village Law, and the Building Inspector shall be responsible
to the Village Board.
D.
The Building Inspector or other authorized agent may
order the suspension of any work and prohibit the use of any materials
or machinery in violation of the code, as he may deem necessary to
determine the safety of any building material or machinery. No person
shall continue the erection of any building or structure or the use
of any materials or machinery in or about the location of any work
after being forbidden to do so by the Building Inspector or other
authorized agent in a written order signed by the Building Inspector
or his authorized agent.
E.
In addition to the duties prescribed by law, it shall
be the duty of the Building Inspector to receive all applications
for permits to repair, remove, alter or erect any buildings or structures;
to inspect plans, specifications and descriptions submitted to him;
to grant permits; enforce the building laws; and perform such other
duties as may be prescribed by the Village Board from time to time.
A.
No building permit for a new dwelling shall be issued
until an approval has been issued by the Suffolk County Department
of Health. No member of a structural wall, structure, building or
part thereof shall hereafter be built, enlarged or altered until a
plan of the proposed work, together with a statement of the materials
to be used, shall have been submitted in duplicate to the Building
Inspector or other authorized agent, who shall, if in accordance with
the provisions herein contained, issue a permit for the proposed construction.
A foundation survey by a registered professional engineer or land
surveyor shall be required to be approved by the Building Inspector
before any framing is started. This survey shall be made after the
footings and foundation walls are completed and shall show the following:
[Amended 11-3-1988 by L.L. No. 8-1988]
(1)
Foundation location showing setbacks of front, rear
and side yards.
(2)
Elevation of top of foundation and established road
grade.
(3)
Elevation of finished garage floor and established
road grade.
(4)
Approximate driveway layout.
(5)
No driveway is to be added or an existing driveway altered in size
or location unless otherwise approved by the Building Department or
Planning Board.
[Added 6-15-2023 by L.L.
No. 3-2023]
B.
Structures hereafter erected without a permit or not
in conformity with this chapter shall be removed or made to conform
to the code.
C.
No building shall be moved until a permit has been
obtained from the Building Inspector or other designated official;
and such official shall not issue a permit if in his judgment the
proposed new location of the building would seriously increase the
fire hazard of the surrounding buildings.
D.
The Building Official or his authorized agent shall,
as often as practical, inspect all buildings or structures during
the construction for which a permit has been issued to see that the
provisions of the law are complied with and that construction is prosecuted
safely. Whenever, in his opinion, by reason of defective or illegal
work in violation of a provision of the code, the continuance of a
building operation is contrary to public welfare, he may order all
further work to be stopped and may require suspension of work until
the condition in violation has been remedied.
E.
Copies of plans and specifications and a plot plan
showing the location of the proposed building shall, when required
by the Building Department, accompany every application for a permit
and shall be filed in duplicate.
F.
Plans shall be drawn to scale upon substantial paper
or cloth and the essential parts shall be drawn to a scale of not
less than 1/8 inch to one foot.
G.
All plans and specifications shall be of sufficient
clarity to indicate the nature and character of the work proposed
and show that the code will be complied with throughout. Computations,
strains sheets, stress diagrams and other data necessary to show the
correctness of the plan shall accompany same when required by the
Building Inspector.
H.
All plans and specifications shall bear the name and
address of the architect, engineer or designer.
I.
Demolition permits shall be applied for the same as
building permits but with no plans needed. However, specifications
and diagrams showing methods to be used for needling or shoring adjacent
buildings and the protection of adjacent properties may be required
by the Building Inspector.
J.
No plans or specifications, when once approved by
the Building Inspector or other authorized agent, shall in any way
be changed or altered without the written consent of the Building
Inspector or his authorized agent.
K.
The permit holder or his agent shall keep the permit
posted in a conspicuous place on the work and shall keep the same
posted until the completion of the work.
L.
All building permits are good and considered in effect for one year from date of issuance. Building permits may be renewed for two consecutive one-year periods. Building permits may be renewed for one consecutive six-month period. If work remains to be completed at the end of the total eighteen-month period previously described herein, a second building permit must be obtained and plans for the proposed remaining work must be submitted to the Building Inspector in accordance with §§ 65-6 and 65-9 of this chapter.[1]
M.
No building permit or permit for the erection, repair,
remodeling, altering and moving of a structure, building or a substantial
portion of a structure or building shall be issued or be effective
in the event that such building or structure has previously been condemned
for use as a dwelling or as a house for human occupancy or any structure
originally erected for emergency housing purposes or as temporary
quarters for armed forces or for business or manufacturing purposes
or as an accessory use incidental to the above uses by a municipal
body, bureau, department or public administrative officer, which violations
and condemnations or any portions thereof have not been rescinded.
N.
No building permit shall be issued or effective for
the repairing, remodeling, altering or moving of any structure or
building or substantial portion of a structure or building in the
Village of Lake Grove until the applicant presents to the Building
Inspector of the village certificates or adequate proofs, in writing,
issued by the Building Inspector or Building Department or officer
having charge of building inspection and building enforcement law
and enforcement of a fire prevention law and rules and regulations
and any other departmental control authorities, relating to building
maintenance and construction, that such structure for which a permit
is sought has no building violations, no Fire Department violations
and no tenement building violations and that such property has not
been condemned in any respect for the use for which it is to be used.
O.
No building permit for any reason whatsoever shall
be issued unless all village taxes for said premises which are a lien
on all village assessments which have been assessed against the real
property for which a building permit is requested are first paid in
full together with all interest and other charges.
[Added 5-16-1996 by L.L. No. 4-1996]
P.
No building permit for any reason whatsoever shall
be issued for a property unless all outstanding charges pending in
court issued in connection with the property are resolved. Resolution
of a charge shall mean a dismissal of the charge; or payment of fine(s)
determined after a guilty plea or guilty verdict; and/or compliance
with terms of a conditional discharge rendered after a guilty plea
or guilty verdict.[2]
No building or part of a building shall be occupied
until a certificate of occupancy has been issued by the Building Inspector
or other authorized agent.[1]
[Amended 6-15-1995 by L.L. No. 2-1995]
A.
No permit shall be issued until the fee prescribed
in this section shall have been paid. No amendment to a permit issued
due to an increase or decrease in construction cost or any other change
in nature of proposed work shall be permitted, and any such permits
shall expire one year from date of issuance or upon the issuance date
of a new permit that has indicated compliance with all applicable
laws. The minimum fee for any building permit, whether the same shall
be for installation of a plumbing system or for a heating system,
or any other building permit which is necessary or required under
the provisions of the code shall be as set forth in the fee schedule
of the Village of Lake Grove.[1]
B.
For each building permit where the construction costs
shall exceed $1,000, an additional fee as set by resolution of the
Board of Trustees, in addition to the original charge, shall be paid,
which charge shall be computed up to a total of $50,000 of building
costs, and for each building permit where the construction costs shall
exceed $50,000, an additional fee as set by resolution of the Board
of Trustees per $1,000 or fraction thereof shall be paid.[2]
C.
Fees shall be based upon the square foot basis of
the proposed building, upon the use to which said building is to be
put and upon the costs thereof as hereafter set forth. Various types
of buildings, classified according to the Codes, Rules and Regulations
of the State of New York, shall be valued as set forth in the fee
schedule of the Village of Lake Grove.[3]
[Amended 8-21-1997 by L.L. No. 4-1997]
D.
The method of estimating the cost of the proposed
new or relocated building shall be based on floor area, not including
garage area. The rate charge for the garage area shall be half as
much as the cost of the floor area.
[Amended 8-21-1997 by L.L. No. 4-1997]
E.
Plumbing, heating, standpipe, sprinkler, elevator
and electrical work, etc., are all included in the terms "construction
or alteration work." When filed with complete construction plans,
all such work is included under one fee. When not included, the fee
shall be based on the estimated cost of installation. Fees to be paid
for other Building Department permits are as set forth in the fee
schedule of the Village of Lake Grove.[4]
[Amended 8-21-1997 by L.L. No. 4-1997]
F.
The renewal permit fee shall be 50% of the original
fee after the first and second year of the permit. The fee for a second
permit issued shall be computed by the same formula as the first permit,
plus an additional 10%.
G.
No fee shall be charged to bona fide religious, charitable,
educational and governmental organizations and agencies, including
fire districts, lighting districts, water districts and any other
special districts authorized by laws of the State of New York.
H.
For each building permit issued, other than single-family
residential occupancy, an additional fee as set forth in the fee schedule
of the Village of Lake Grove will be charged for the fire prevention
permit.[5]
A.
The delinquency, oversight or dereliction of duty
on the part of the Building Inspector or other authorized agent shall
not legalize the erection, construction, alteration, removal, use
or occupancy of any building or structure that does not conform to
the provisions of this code or the state code.
B.
Liability for damages. The code shall not be construed
to relieve from or lessen the responsibility of any party owning,
operating, renting, leasing or using any building or structure or
erecting, altering, removing or demolishing any building or structure
for damages to person or persons or property caused by a defect or
mismanagement therein, nor shall the Village of Lake Grove be held
as assuming any such liability by reason of the inspection authorized
herein or certificate or permit or approval issued or endorsed as
herein provided.