[Added 4-4-2023 by L.L. No. 8-2023]
As used in this article, the following terms shall have the
meanings indicated:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
The duly appointed Commissioner of the Department of Building,
Safety Inspection and Enforcement of the Town of North Hempstead or
his or her designee.
The Department of Building, Safety Inspection and Enforcement
of the Town of North Hempstead.
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
A document issued by the Town stating that work was done
in compliance with approved construction documents and the Codes.
A document issued by the Town certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by, the Town and
indicating that the building or structure, or portion thereof, is
in a condition suitable for occupancy.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
The person to whom a building permit has been issued.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
An order issued pursuant to § 2-15 of this article.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 2-21 of this article.
The Town of North Hempstead.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
[Added 4-4-2023 by L.L. No. 8-2023]
A.
The Building
Commissioner shall determine the climatic and geographic design criteria
for buildings and structures constructed within this Town as required
by the Uniform Code. Such determinations shall be made in the manner
specified in the Uniform Code using, where applicable, the maps, charts,
and other information provided in the Uniform Code. The criteria to
be so determined shall include, but shall not necessarily be limited
to, the following:
(1)
Design
criteria to include ground snow load; wind design loads; seismic category;
potential damage from weathering, frost, and termites; winter design
temperature; whether ice barrier underlayment is required; the air
freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures within the scope of the Residential Code. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the Residential Code; and
(3)
Flood
hazard areas, flood hazard maps, and supporting data. The flood hazard
map shall include, at a minimum, special flood hazard areas as identified
by the Federal Emergency Management Agency in the Flood Insurance
Study for the community, as amended or revised with:
[Amended 8-21-1990 by L.L. No. 8-1990; 9-17-1996 by L.L. No. 22-1996; 1-28-1997 by L.L. No. 3-1997; 4-2-2002 by L.L. No. 4-2002]
A.
No person, firm or corporation shall commence the
alteration of any lot or parcel, including the erection, construction,
enlargement, alteration, removal, improvement, demolition or conversion
of any building or structure or tree, or part thereof, or change the
nature of the occupancy of any building or structure or cause the
same to be done or the removal of trees without first filing with
the Building Commissioner an application for such removal, construction,
alteration, moving or demolition or installation of elevator, heating
or heat-producing appliance or equipment, other than ordinary stoves
or ranges, and obtaining a building permit, except that no building
permit shall be required for the performance of ordinary repairs which
are not structural in nature, impact the required means of egress,
or which do not affect the fire protection system or require the removal
from service of any part of the fire protection system for any period
of time. Except as otherwise provided herein, no building permit shall
be required for work in any of the following categories:
[Amended 4-4-2023 by L.L. No. 8-2023]
(1)
Construction
or installation of one-story detached structures associated with one-
or two-family dwellings, or multiple single-family dwellings (townhouses),
which are used for tool and storage sheds, playhouses, or similar
uses, provided the gross floor area does not exceed 144 square feet;
(2)
Construction
of temporary sets and scenery associated with motion-picture, television,
and theater uses;
(3)
Installation
of window awnings supported by an exterior wall of a one- or two-family
dwelling or multiple single-family dwellings (townhouses);
(4)
Painting,
wallpapering, tiling, carpeting, or other similar finish work in one-
or two-family dwellings, or multiple single-family dwellings (townhouses),
or painting in a commercial location;
(5)
Installation
of listed portable electrical, plumbing, heating, ventilation or cooling
equipment or appliances.
B.
Such application shall be made to the Building Department
electronically, via the Building Department online portal, and shall
contain the following information:
[Amended 12-16-2003 by L.L. No. 15-2003; 4-4-2023 by L.L. No. 8-2023]
(1)
A description of the land on which the proposed work
is to be done, including the Tax Map number and the street address
of any affected building or structure.
(2)
A statement of the use or occupancy of all parts of
the land and the proposed building structure.
(3)
The valuation of the proposed work.
(4)
The full name and address of the owner and of the
applicant, and the names and addresses of their officers if any of
them are corporations.
(5)
A brief description of the nature of the proposed
work.
(7)
Where required by Part 617 of Title 6 of the Official
Compilation of Codes, Rules and Regulations of the State of New York,
an environmental assessment form.
(8)
A statement from the applicant and owner disclosing:
(a)
Whether the soils on or the groundwater beneath the
land on which the proposed work is to be done has been contaminated
by hazardous waste; and
(b)
Whether the lot or parcel on which the proposed work
is to be done is subject to a consent order and a plan. If the lot
or parcel is subject to a consent order and a plan, the applicant
and owner shall provide a copy of such consent order and plan, along
with the names, addresses, telephone numbers, and other contact information
of any regulatory agency deemed relevant by the Commissioner of Buildings.
No permit will be issued if the Building Commissioner determines,
based upon information provided by a regulatory agency, that the owner
or applicant is not in compliance with the consent order or plan.
(c)
For the purposes of this § 2-9B(8):
[1]
The term "hazardous waste" shall have the same
meaning as set forth for said term in Part 371 of Title 6 of the Official
Compilation of Codes, Rules and Regulations of the State of New York.
[2]
The term "consent order" shall mean an order
issued by a regulatory agency for the remediation or monitoring of
hazardous waste contaminating either the soils on or the groundwater
beneath the land on which work is proposed hereunder.
[3]
The term "plan" shall mean a plan for the remediation
or monitoring of hazardous waste contaminating either the soils on
or the groundwater beneath the land on which work is proposed hereunder,
which has been approved by a regulatory agency as part of a consent
order.
[4]
The term "regulatory agency" shall mean the
United States Environmental Protection Agency, the New York State
Department of Environmental Conservation, the Nassau County Department
of Health, or any other federal, state, or local agency, board, department,
or other entity overseeing compliance with the consent order and implementation
of a plan.
(9)
Where
applicable, a statement of special inspections, as defined in Section
202 of the 2020 Building Code of New York State, prepared in accordance
with the provisions of the Uniform Code.
(10)
Such other information as may reasonably be required
by the Building Commissioner to establish the compliance of the proposed
work with the requirements of the applicable building laws, ordinances
and regulations.
C.
Applications shall be made by the owner or lessee,
or agent of either, 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 or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
D.
If the application contemplates the moving of an existing building or structure from one location to another, it shall be accompanied by a description of the method to be used and a statement of the route to be followed. If the performance of the work requires the removal of a tree or trees, it shall be accompanied by a tree removal permit application as required by § 2-9T. Permits from the state, county, Town and/or village authorities shall be submitted at the time of making application for the permit.
E.
The Building Commissioner shall require a separate
application to be filed for an elevator installation, but in case
such separate application is filed by the same applicant in connection
with and relating to an application to construct or alter a building
or structure, it shall not be necessary to duplicate the affidavit
attached to, or information contained in, the application to construct
or alter.
F.
Nothing in this section shall prevent the Building
Commissioner from requiring such additional information as may be
necessary for an intelligent understanding of any proposed work.
G.
Each application for a building permit shall be accompanied
by plans and specifications, and original property surveys representing
existing conditions stamped and sealed by a licensed land surveyor.
The applicant shall type or print legibly all pertinent information
on the applications. The plans and specifications shall:
[Amended 6-19-2012 by L.L. No. 10-2012; 4-4-2023 by L.L. No. 8-2023]
(1)
Describe
the location, nature, extent, and scope of the proposed work;
(2)
Show
that the proposed work will conform to the applicable provisions of
the Codes;
(3)
Show
the location, construction, size, and character of all portions of
the means of egress;
(4)
Show
a representation of the building thermal envelope;
(5)
Show
structural information, including but not limited to braced wall designs,
the size, section, and relative locations of structural members, design
loads, and other pertinent structural information;
(6)
Be drawn
to scale and show all necessary details of the proposed structural,
electrical, plumbing, mechanical, fire-protection, and other service
systems of the building;
(7)
Include
a written statement indicating compliance with the Energy Code. The
plot plan shall be drawn to scale and shall show the location, size,
shape and dimensions of the property, the setbacks from the property
lines, the size of all existing and proposed buildings, additions
and/or structures on the property, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations. The plot plan shall show the
location, type and size of all trees, indicating those trees to remain,
those to be removed and those to be planted. Notwithstanding the above,
property surveys representing existing conditions shall not be required
for interior alterations or renovations that do not alter or change
the footprint or the exterior shell of the building or structure,
including but not limited to exterior walls and the roof, for which
the building permit is sought.
I.
Plans and specifications submitted in connection with
an application for a building permit shall evidence that the documents
were prepared by a licensed and registered architect in accordance
with Article 147 of the New York State Education Law or a licensed
and registered professional engineer in accordance with Article 145
of the New York State Education Law and practice guidelines, including
but not limited to the design professional's seal which clearly and
legibly shows both the design professional's name and license number
and is signed by the design professional whose name appears on the
seal in such a manner that neither the name nor the number is obscured
in any way, the design professional's registration expiration date,
the design professional's firm name (if not a sole practitioner),
and, if the documents are submitted by a professional engineering
firm and not a sole practitioner professional engineer, the firm's
certificate of authorization number.
[Amended 4-4-2023 by L.L. No. 8-2023]
J.
The Building Commissioner may waive the requirement
for filing plans and specifications for minor alterations.
K.
An application to demolish shall give the full name and address of the owner or owners, the applicant and the person who is to do the work and the lot number or street number of the premises. If the performance of the work requires the removal of a tree or trees, it shall be accompanied by a tree removal permit application as required by § 2-9T.
L.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Building
Department and approval received from the Building Commissioner prior
to the commencement of such change of work. Amendments shall be limited
to minor changes, alterations, improvements or modifications to the
work contemplated within the original permit application and/or plans
and specifications which accompanied same. Amendments shall not include
substantive changes, modifications, alterations or improvements to
the work contemplated within the original permit application and/or
plans and specifications which accompanied same. Substantive changes,
modifications, alterations or improvements shall require the filing
of an original permit application, together with the appropriate fees
and supporting documentation prior to the commencement of work thereon.
[Amended 5-8-2007 by L.L. No. 3-2007]
M.
No building permit shall be issued for or in connection
with any parcel of realty until the applicant for said permit shall
have received the approval of a site or topographical map providing
for drainage facilities and drainage so as to ensure adequate protection
for the surrounding areas, except in those instances where the Building
Commissioner deems it not necessary due to topography. Said topographical
map shall include all factors which are material, i.e., surface drainage,
existing structures, future development, elevations of surrounding
areas, actual and potential capacities of all stormwater basins and
pools and the size thereof. Said topographical survey shall be submitted
to the Building Commissioner after the necessary approvals shall have
been obtained from the Nassau County Department of Public Works in
accordance with the requirements of the General Municipal Law (§ 239)
if required.
N.
Minor structures; temporary buildings; tents. Temporary
one-story frame buildings on lots whereon buildings are in the course
of erection or on adjoining vacant lots, or sales or operating offices
in connection with the development of subdivision of property, or
platforms, stands, election booths and circus or exhibition tents,
intended for temporary use only, may be erected upon permit issued
by the Commissioner of Buildings, but not otherwise; but no such permit
shall authorize the maintenance of such temporary building or other
structure for a period exceeding six months from the date of said
permit, unless said permit be renewed by the Commissioner of Buildings
from time to time for consecutive periods not exceeding six months.
Tents are permitted on a temporary basis under the following conditions.
(1)
The purpose for such tent is a permitted use in the
zoning district.
(2)
The permit applicant submits plans describing the
tent, its location on the property and provisions for vehicular parking.
(3)
The tent has such provisions for public health and
safety as may be required by the circumstances.
(4)
The Nassau County Fire Marshal has approved the tent.
(5)
The permit applicant submits an insurance certificate
in the minimum amount of $250,000 for bodily injury, naming the Town
of North Hempstead as an additional insured for the duration of the
tent.
(6)
The permit applicant submits a consent to removal
by the Town and a bond or cash deposit in an amount determined by
the Commissioner of Buildings to cover the cost of removal of the
tent, if the applicant fails to remove it upon expiration of the permit.
(7)
A permit may be approved for a maximum of 15 days
with an extension, subject to approval of the Commissioner of Buildings,
for an additional 15 days.
(a)
This
subsection shall be and is suspended, upon the effective date hereof
and continuing through December 31, 2023, at which time this subsection
shall revert to full force and effect.
[Added 8-13-2020 by L.L. No. 6-2020; amended 4-22-2021 by L.L. No. 7-2021; 11-18-2021 by L.L. No. 23-2021; 3-31-2022 by L.L. No. 4-2022; 2-7-2023 by L.L. No. 1-2023]
O.
Unlawful use. It shall be unlawful to use any temporary
structure for any purpose other than that designated in the permit.
P.
Removal. Every temporary structure shall be removed
at the expiration of the period for which the permit was issued unless
such permit is renewed.
Q.
Upon application for a permit for a temporary structure,
in addition to the prescribed fee, a cash deposit shall be required
in an amount to be determined by the Building Commissioner, to guarantee
the removal of said structure at the expiration of the period for
which the permit is issued or, in case of default of the provisions
of this section, to be forfeited to the Town of North Hempstead and
used to defray the expense of removal of said structure. Such deposit
shall be returned to the applicant upon his removal of the structure
and compliance with the provisions of this article.
R.
Temporary buildings other than those mentioned above, which may be permitted in connection with a use permit granted by the Board of Appeals, shall comply with the regulations of the Board of Appeals for such buildings, and shall also be subject to the provisions of Subsection N of this section.
S.
Alterations and additions. Within the fire limits,
no building or structure of frame construction or of unprotected metal
construction shall be hereafter extended on any side unless the construction
of such extension conforms to the requirements of this chapter for
new construction, and provided that the area of the building as extended
shall not exceed the allowable area for frame construction.
T.
Tree removal permits.
(1)
No person, firm or corporation shall remove, destroy
or substantially alter the habitat of any tree to cause the death
of any tree or trees on private property, or cause the same to be
done, without first obtaining a tree removal permit.
[Amended 6-19-2012 by L.L. No. 10-2012; 11-18-2021 by L.L. No. 21-2021]
(a)
If the removal of a tree(s) on private property is in connection with another activity for which a permit is required under § 2-9A of this Code, a tree removal application as described in this subsection is required. In this section a "tree" is defined as any woody plant, dead or alive, which is six inches or more in diameter at a height of 4 1/2 feet above the base of the trunk, including its root system and the environment within the area defined by the outermost limits of its branches.
(b)
If the removal of a tree(s) on private property is not in connection with any other activity for which a permit is required under § 2-9A of this Code and is located in the front yard of a parcel, the tree removal is subject to the application and replacement requirements as set forth in Chapter 20A.
(2)
If any such tree removal occurs within the six months prior to the filing of an application for a permit required by § 2-9A, the removal of a tree or trees is deemed to have taken place in connection with the permit required by § 2-9A. This subsection shall not apply to any tree removal that occurred within the six-month period prior to the effective date of this subsection.
(3)
In addition to the information required by §2-9B of this Code, an application for a tree removal permit shall also include the following information:
(a)
The name and address of the applicant and status of
legal entity.
(b)
The status of the applicant with respect to the land.
(c)
Written consent of the owner or owners of the land,
if the applicant is not the owner or sole owner.
(d)
The location of the property, including the section,
lot and block number and street address.
(e)
The reason tree removal is sought.
(f)
The condition of each tree with respect to disease
and danger of falling.
(g)
A description of the size and type of each tree to
be removed, including common name and/or botanical name.
(i)
A
diagram showing the proposed location of the required replanting.
A copy of the Tree Standards and Specifications will be made available
to the applicant.
[Added 11-18-2021 by L.L. No. 21-2021]
(j)
Such other information as may reasonably be required
by the Building Commissioner to establish compliance with this section,
including, but not limited to, the following:
[1]
A signed statement from a New York State certified
arborist indicating the health of the tree.
[2]
An erosion control plan.
[4]
A survey noting the location of any structures
or utilities endangered by the tree.
[5]
Alternative mitigation if the tree acts as a
visual and/or noise barrier to a road or highway.
[6]
Proposed methods to ensure the protection of
remaining trees.
[Amended 11-18-2021 by L.L. No. 21-2021]
[7]
Flagging of each tree to be removed.
(4)
In making the determination to grant or deny the application,
the Building Commissioner shall be guided by the following criteria:
(a)
The ability of the applicant to rearrange the layout
of proposed structures to minimize the removal of trees.
(b)
The necessity of removal or alteration of the tree
in question.
(c)
The condition of the tree with respect to disease
and danger of falling. In the event that the diseased condition of
the tree is not evident, the Building Commissioner maintains the right
to require the applicant to submit proof from a New York State certified
arborist.
(d)
The proximity of the tree to proposed or existing
structures.
(e)
Whether the tree endangers the usefulness of a public
sewer or public utility.
(g)
The effect of the removal on:
(h)
Whether a denial of the permit will result in unnecessary
hardship or severe financial loss to the applicant.
(5)
Tree replacement guidelines. Each tree removed of
a diameter of six inches or greater shall be subject to the tree replacement
guidelines enumerated in this subsection. Failure to comply with the
tree replanting requirements set forth in this section shall constitute
a separate and distinct offense hereunder.
[Amended 11-18-2021 by L.L. No. 21-2021]
(a)
Replacement tree(s) must be a minimum diameter of three inches, measured at 4 1/2 feet in height above grade or above the root collar, except as provided for in § 2-9T(5)(d):
[1]
Each tree removed having a diameter measuring between six inches
and 24 inches shall require one replacement tree to be planted.
[2]
Each tree removed having a diameter measuring greater than 24 inches
to 30 inches shall require two replacement trees to be planted.
[3]
Each tree removed having a diameter greater than 30 inches shall
require three replacement trees to be planted.
(b)
The tree(s) to be planted in replacement shall be
located on the same parcel from which the tree(s) is proposed to be
removed. To the extent practicable, a tree removed in the front yard
shall be replaced with a tree planted in the front yard.
(c)
The tree(s) to be planted in replacement shall be from a similar size class or from a larger size class as the tree(s) removed, unless a smaller size class is determined to be more appropriate, as determined by the Building Commissioner. Size classes are enumerated in the Tree Standards and Specifications to be promulgated by the Town Board, subject to the advice of the Tree Advisory Committee established pursuant to Chapter 20A.
(d)
If the Building Commissioner determines that the site does not allow for the planting of the required number of trees, the Building Commissioner shall require the applicant to plant the maximum number of trees possible, with any remaining requirement satisfied by the payment of an additional fee to the Building Department for each tree unable to be planted in the amount set forth in § 20A-13. The fee shall be allocated to the Town's Tree Preservation Fund.
(e)
All required tree plantings shall occur between April
1 and December 1 and 90 days after the tree removal.
(f)
If plantings cannot occur within 90 days of the removal
due to the above planting time restrictions, the Commissioner of Buildings
shall require the applicant to deposit a performance bond or a cash
deposit in the form of a certified check with the Commissioner of
Buildings in an amount which shall be determined by the Commissioner
to be equal to the estimated cost of planting the required number
of trees and, if applicable, stabilizing the site. The term of said
deposit or performance bond shall not exceed a period of six months,
and the deposit or bond shall not be released until the plantings
have been satisfactorily completed in accordance with the approved
tree removal permit.
[1]
In the event of a default, such bond or cash
deposit shall be forfeited to the Building Department and the funds
shall be applied to the Tree Preservation Fund. If a permittee is
found to be in violation of the conditions of the tree removal permit,
the Commissioner of Buildings shall determine the remedy of the violation;
however, in no circumstances shall such forfeiture of the bond serve
as a remedy of the violation.
[2]
Upon satisfactory completion of the contemplated
work in accordance with the application and this chapter, such bond
or cash deposit shall be released by the Commissioner of Buildings.
Satisfactory completion of the work shall be evidenced by the Commissioner
of Buildings.
(6)
A two-year tree establishment bond will be required where trees have
been removed on a parcel in conjunction with or to facilitate the
construction of a new commercial building or residential dwelling
in which tree replanting is required.
[Added 11-18-2021 by L.L. No. 21-2021[4]]
(a)
The
applicant shall deposit a two-year tree establishment bond or a cash
deposit in the form of a certified check with the Commissioner of
Buildings after the Commissioner of Buildings approves the trees at
the final inspection and prior to issuance of the certificate of occupancy.
The bond or escrow amount shall be 100% of the total landscaping costs,
but in no case shall be less than $1,000 per required replacement
tree. If a bond is offered, it shall be executed by a surety or guaranty
company qualified to transact business in the State of New York and
acceptable to the Town.
(b)
Two
years after the date of the bond or escrow amount being provided,
the Commissioner of Buildings shall inspect the site and make a determination
of whether the required trees are viable, and if so, the Town may
release the bond or escrow amount upon approval by the Commissioner
of Buildings. In the event of a default, such bond or cash deposit
shall be forfeited to the Building Department and the funds shall
be applied to the Tree Preservation Fund.
[4]
Editor's Note: This local law also redesignated former Subsection
T(6) and (7) as Subsection T(7) and (8), respectively.
(7)
In the event that the Building Commissioner denies a request for a tree removal permit, the applicant may appeal his decision to the Board of Zoning and Appeals pursuant to § 70-225M.
(8)
No permit will be issued for tree removal unless:
(a)
The application is accompanied by plans for the development
of the land from which such tree is to be removed and of any other
land on the same tax lot or lots; or
(b)
The application demonstrates a serious threat to public
health and safety, which cannot be effectively eliminated by trimming
the tree and can be solved by removal of such tree. If the stated
serious threat to public health and safety concerns the health of
the tree, the Building Commissioner may request a signed statement
from a New York State certified arborist indicating the health of
the tree.
[Amended 11-18-2021 by L.L. No. 21-2021]
(9)
Display of permit. Any permit issued under § 2-9T of this chapter shall be conspicuously displayed on the frontage of the premises for which it was issued so as to be easily visible from the nearest public street. The permit shall be posted at all times during the performance of the work and shall not be removed until such time as the authorized tree work has ended and the Building Department has issued a certificate of tree planting to close out the permit. A property owner or permit holder who fails to post a permit shall be deemed in violation of this chapter.
[Added 11-18-2021 by L.L. No. 21-2021]
(10)
Prior
to land preparation or construction activity that could damage any
tree on a property, a protective barrier shall be placed around the
tree. Such protective barrier shall remain in place until all construction
activity is terminated. If the construction or development of a property
results in damage to a tree on the property requiring its removal,
such tree shall be subject to the provisions of this section. Minor
tree damage shall be repaired in accordance with accepted tree surgery
practice.
[Added 11-18-2021 by L.L. No. 21-2021]
(11)
The
Building Commissioner shall issue a certificate of tree planting if
it is found that the proposed tree removal and tree replacement has
been completed substantially in accordance with the permit and the
laws applicable thereto. A photo of each replacement tree that is
planted shall be maintained in the certificate of tree planting file.
[Added 11-18-2021 by L.L. No. 21-2021]
(12)
No
certificate of occupancy shall be issued by the Building Commissioner
until all tree planting and associated restoration work shall be completed
to the satisfaction of the Building Commissioner, except that, where
a certificate of occupancy is applied for between December 1 and April
1, the permit holder shall submit an agreement, in writing, on a form
approved by the Town Attorney, to the Town signed by the permit holder
to ensure compliance with all planting and restoration work to the
satisfaction of the Building Commissioner on or before the first day
of May next following the making of the agreement.
[Added 11-18-2021 by L.L. No. 21-2021]
(13)
Severablity.
If any clause, sentence, paragraph, section, word or part of this
subsection is adjudged by any court of competent jurisdiction to be
invalid, the judgment shall not affect, impair or invalidate the remainder
of this chapter but shall be confined in its operation to the clause,
sentence, paragraph, section or part of this subsection directly involved
in the controversy in which such judgment is rendered.
[Added 11-18-2021 by L.L. No. 21-2021]
U.
Condition
assessments of parking garages.
[Added 4-4-2023 by L.L. No. 8-2023]
(1)
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this subsection:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
Includes the conditions identified as "unsafe" in Sections
304.1.1, 305.1.1, and 306.1.1 of the Property Maintenance Code.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
(2)
Operating permits.
(a)
An operating permit as provided for in Chapter 9A of this Code shall be required for the operation of a parking garage.
(b)
An application for an operating permit shall be made to the Building
Department electronically, via the Building Department online portal,
and shall be accompanied by the applicable fee as set forth in the
Town of North Hempstead Fee Schedule.
(c)
The Building Commissioner may promulgate reasonable rules and regulations
for the granting of an operating permit, including but not limited
to requiring:
(d)
Upon receipt of an application for an operating permit for a parking
garage, the Building Commissioner shall cause the parking garage to
be inspected for compliance with the Uniform Code and Fire Code. No
operating permit for a parking garage shall be issued where such structure
is not in compliance with the Uniform Code and Fire Code.
(e)
An operating permit for a parking garage shall be effective for a
period not to exceed one year. An application for renewal of the operating
permit must be made prior to the expiration of the current permit.
(f)
If the Building Commissioner determines that the parking garage for
which an operating permit was issued does not comply with the applicable
provisions of the Uniform Code and Fire Code, such operating permit
shall be revoked or suspended.
(3)
Condition assessments - general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection U(4) of this section, periodic condition assessments as described in Subsection U(5) of this section, and such additional condition assessments as may be required under Subsection U(6) of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared and provided to the Town, in accordance with the requirements of Subsection U(6) of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
(4)
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(a)
Parking garages constructed on or after the effective date of this Subsection U shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of completion being issued for the structure. Initial condition assessment reports for such structures shall be provided to the Building Department before or at the time of final inspection.
(b)
Any parking garage constructed prior to the effective date of the
local law enacting this provision that has not undergone an initial
condition assessment prior to August 1, 2023. The initial condition
assessment for existing parking garages shall be provided to the Building
Department within 45 days of receipt of a request from the Building
Commissioner.
(5)
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years. Periodic condition
assessment reports shall be provided to the Building Department at
least 30 days' prior to the expiration of the operating permit
for the year in which a periodic condition assessment must be performed.
(6)
Additional condition assessments.
(a)
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection U(5) of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(b)
If the Building Commissioner becomes aware of any new or increased deterioration which, in the judgment of the Building Commissioner, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection U(3) of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Building Commissioner to be appropriate.
(7)
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment and shall submit such condition
assessment report to the Building Commissioner within five days of
completion of the written report. Such condition assessment report
shall be sealed and signed by the responsible professional engineer
and shall include:
(a)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(b)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(c)
An evaluation and description of the unsafe conditions;
(d)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(e)
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(f)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(g)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(h)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage and considered the information in
the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(i)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage, or portion thereof, should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage, or portion thereof, should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
(8)
Review condition assessment reports. The Building Commissioner shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Building Commissioner shall require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection U(7)(b) and (c). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This subsection shall not limit or impair the right of the Building Commissioner to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
(9)
The Building Commissioner shall retain all condition assessment reports
for the life of the parking garage. Upon request by a professional
engineer who has been engaged to perform a condition assessment of
a parking garage, and who provides the Building Commissioner with
a written statement attesting to the fact that he or she has been
so engaged, the Town shall make the previously prepared condition
assessment reports for such parking garage (or copies of such reports)
available to such professional engineer. The Building Commissioner
shall be permitted to require the owner or operator of the subject
parking garage to pay all costs and expenses associated with making
such previously prepared condition assessment reports (or copies thereof)
available to the professional engineer.
(10)
This subsection shall not impair the right or the obligation of the
Building Commissioner:
(b)
To perform such periodic fire safety and property maintenance inspections as are required by Article VIII; and/or
(c)
To take such enforcement action or actions as may be necessary
or appropriate to respond to any condition that comes to the attention
of the Building Commissioner by means of his own inspections or observations,
by means of a complaint, or by any other means other than a condition
assessment or a report of a condition assessment.
[Added 9-29-2015 by L.L.
No. 12-2015; amended 9-7-2017 by L.L. No. 8-2017]
A.
APPLICANT
BUILDING PERMIT
CERTIFICATE OF COMPLETION
CONTRACTOR or SUBCONTRACTOR
DEPARTMENT
DOL
LARGE COMMERCIAL PROJECT
PROGRAM TIME PERIOD
SPONSOR
For purposes of this § 2-9.1, the following terms shall have the following meanings:
The person, firm or other entity making an application to the Department of Building Safety, Inspection and Enforcement pursuant to § 2-9 of the Town Code.
The permit described in § 2-9 of the Town Code.
A certificate issued by the DOL, which recognizes an individual's
successful completion of a state-approved and state-registered apprenticeship
program in any trade and job title necessary for the completion of
the large commercial project. The certificate shall evidence that
the successful completion occurred within the program time period.
A contractor or subcontractor who employs labor on a large
commercial project.
The Department of Building Safety, Inspection and Enforcement
of the Town of North Hempstead.
The New York State Department of Labor.
The erection, construction, enlargement, alteration, removal,
improvement, renovation, demolition or conversion of a commercial
building or structure where such erection, construction, enlargement,
alteration, removal, improvement, renovation, demolition or conversion
involves an area of 100,000 square feet or more of floor area. The
threshold of 100,000 square feet may be met either in a single building
or a collection of buildings located on the same property.
The period of time equal to 24 months plus the apprenticeship
program's length as established by the DOL for the specific trade
referenced in the certificate of completion, measured retroactively
from the date of the application for a building permit. For purposes
of this definition, the program time period for the trade of laborer
shall be 24 months.
Any organization or entity operating an apprenticeship program
registered with the DOL and in whose name the program is registered.
B.
This section shall be applicable only to applications for building
permits for large commercial projects filed with the Department on
or after the effective date of this section.
C.
Prior to the issuance of a building permit for a large commercial
project, the applicant shall:
(1)
Demonstrate that any general contractor, contractor or subcontractor
for such project is a participant in good standing in a qualified
apprenticeship program that is registered with and approved by the
DOL and has apprenticeship agreements, which are specifically identified
as pertaining to the trade(s) and/or job title(s) called for by such
project; and
(2)
Submit certificates of completion to the Town for every general contractor,
contractor or subcontractor, or his or her sponsor performing work
on a large commercial project. If a contractor or subcontractor is
a signatory to a sponsor, the applicant must submit to the Town a
letter from the sponsor verifying the contractor's or subcontractor's
signatory status.
D.
If a subcontractor is used on a large commercial project subsequent
to the issuance of a building permit, the applicant shall submit certificates
of completion for the subcontractor. The applicant must submit a subcontractor's
certificates of completion to the Town prior to a subcontractor beginning
work on such project. If a subcontractor is a signatory to a sponsor,
the applicant must submit to the Town a letter from the sponsor verifying
the signatory status.
E.
It shall be the responsibility of the applicant to verify that a
contractor or subcontractor is a participant in a state-approved and
state-registered apprenticeship program and to include certificates
of completion as an attachment to the application for a building permit.
F.
This section shall not apply where a specific trade has not been
included among the list of trades maintained by the New York State
Commissioner of Labor available for apprenticeship agreements at the
time an application for a building permit for a large commercial project
is filed.
G.
The determination of compliance with this section shall be made by
the Commissioner of the Department or his or her designee.
[Added 10-21-2021 by L.L. No. 18-2021]
A.
Purpose.
The provisions of this section are intended to promote the safety
of minor and major construction sites within the Town. The provisions
of this section are designed to provide that workers employed or otherwise
engaged at such construction sites have received adequate safety training;
that contractors performing construction work have essential safety
training and that contractors performing construction work have essential
safety training systems to prevent injuries and protect workers who
are injured.
B.
CONTRACTOR
MAJOR CONSTRUCTION PROJECT
MINOR CONSTRUCTION PROJECT
OSHA
OSHA THIRTY-HOUR CLASS
(1)
(2)
OSHA 100-HOUR CLASS
(1)
(2)
PERMIT HOLDER
PERSON
SITE SAFETY DESIGNEE.
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Any person contracted or subcontracted to perform work covered
by this section for or on behalf of any other person.
A construction site, with an area greater than 50,000 square
feet, which involves the construction, demolition or alteration of
a structure or building.
A construction site, with an area greater than 35,000 square
feet, which involves the construction, demolition or alteration of
a structure or building.
The United States Department of Labor Occupational Safety
and Health Administration.
A class that includes 30 or more hours in construction industry
safety and health that is intended for workers and satisfies the following
conditions:
Such class is: i) approved by OSHA and conducted in accordance
with the OSHA outreach training program or ii) an equivalent thirty-
or more hour construction industry safety and health class approved
by the Building Department.
Such class consists of in-person training, actively proctored
online training or, if such training is conducted before the effective
date of this section, online training.
A class or program that:
Includes 100 or more hours of training in technical subjects
relating to a construction trade, including an apprenticeship program
registered with the New York State Department of Labor; and
Is approved by OSHA, the United States Department of Labor,
the New York State Department of Education or the New York State Department
of Labor.
The person to whom a building permit has been issued or for
a building permit has been applied.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
The site safety designee must have completed an OSHA 100-hour
class. On a major construction project, the site safety designee shall
use reasonable prudence to ensure that safety is maintained as job
conditions dictate and shall complete any tasks required of a site
safety designee under this chapter.
C.
Safety
training required.
(1)
In
addition to any other applicable Town, state or federal law or rule,
each permit holder:
(a)
At a minor construction site, shall be responsible for ensuring that
each construction or demolition worker employed or otherwise engaged
at such site by the permit holder or any person performing work for
or on behalf of such permit holder at such site has successfully completed
and maintains a current OSHA thirty-hour class certificate.
(b)
At a major construction site, shall be responsible for ensuring that a foreman or designated employee or individual otherwise engaged at such site by the permit holder or any person performing work for or on behalf of such permit holder is designated as a site safety designee. The site safety designee shall be tasked with ensuring that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or any person performing work for or on behalf of such permit holder at the site is in compliance with § 2-9.2C(1)(a) and shall report violations of this chapter to the Building Department.
(2)
The applicant, permit holder or any person performing such work on behalf of the permit holder shall certify to the Building Department, in a form and manner established by the Building Department, that the requirements of § 2-9.2C(1)(a) and/or (b) have been met. No permit for construction or demolition work for which training is required pursuant to this section shall be issued or renewed until the applicant has certified that all workers who will be working under such permit will have the requisite training throughout the duration of such permit.
(3)
The
applicant, permit holder or any person performing such work on behalf
of the permit holder shall certify that all New York State and OSHA
safety requirements and workers' compensation and insurance requirements
have been met.
(4)
The permit holder shall maintain at such site a daily log that identifies each such worker and that includes, for each such worker, proof of compliance with § 2-9.2C(1)(a) and (b), as applicable. Such logs shall be made available to the Building Department upon request and shall be submitted to the Building Department as a prerequisite to the issuance of a certificate of occupancy, certificate of completion and/or certificate of approval.
D.
Penalties.
(1)
Any
violations of this section by a permit holder shall be punishable
by a fine of not less than $1,000 nor more than $10,000. Each worker
performing work on a construction site covered by this section without
required safety training shall constitute a separate additional offense.
Each day that the violation continues shall constitute a separate
additional offense.
(2)
For
a second offense, committed by a permit holder within a period of
five years, such violation shall be punishable by a fine of not less
than $3,000 nor more than $20,000 or by imprisonment for a period
not to exceed 15 days, or both.
(3)
Permits
issued to permit holders found to be in violation of this section
may be revoked by the Building Department upon discovery of such violation.
(4)
The
Building Department shall be authorized to issue stop orders for violations
of this section. Upon the issuance of a stop order, the owner of the
affected property, the permit holder and any other person or contractor
performing, taking part in or assisting in the work shall suspend
all building activities in violation of this section until the stop
order has been rescinded.
[Amended 4-2-2002 by L.L. No. 4-2002]
A.
The Building Commissioner shall examine or cause to
be examined all applications for permits and the plans, specifications
and documents filed therewith to ascertain whether the proposed work
is in compliance with the applicable requirements of the Codes. He
shall approve or disapprove the application within a reasonable time.
[Amended 4-4-2023 by L.L. No. 8-2023]
B.
Upon finding that the proposed work is in compliance
with the applicable requirements of the Codes, the Building Commissioner
shall approve the application for a building permit and, upon receipt
of the legal fees therefor, the Building Commissioner 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.
[Amended 4-4-2023 by L.L. No. 8-2023]
C.
Upon approval of an application for a building permit,
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 Department 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 Commissioner or his authorized representative at all
reasonable times. Work shall not be commenced until authorized by
the Building Commissioner, subsequent to obtaining a permit. Building
permits shall contain such a directive that all work shall be performed
in accordance with the construction documents which were submitted
with and accepted as part of the application for the building permit
and require the permit holder to immediately notify the Building Commissioner
of any change occurring during the course of the work that is the
subject of the permit.
[Amended 4-4-2023 by L.L. No. 8-2023]
D.
If an application, together with plans, specifications
and other documents filed therewith, describe proposed work which
does not conform to all the requirements of the applicable building
ordinances and regulations, the Building Commissioner shall disapprove
the same, and one set of plans and specifications shall become part
of the public record and one set returned to the applicant. Upon request
of the applicant, the Building Commissioner shall cause such refusal,
together with the reasons therefor, to be transmitted to the applicant
in writing.
[Added 5-29-2007 by L.L. No. 6-2007;
amended 5-27-2008 by L.L. No. 5-2008; 8-4-2022 by L.L. No. 12-2022]
A.
An applicant may apply, in writing, to the Building
Commissioner requesting expedited permit application review, which
request shall include such supportive documentation and information
as the Building Commissioner may require. The Building Commissioner
shall review the request to determine if it meets one or more of the
following criteria:
(1)
The request is made to accommodate an emergency situation
which has created a danger to health and/or safety; or
[Amended 4-4-2023 by L.L. No. 8-2023]
(2)
The request is in furtherance of advancing a public
interest such as, but not limited to, job creation and/or economic
development; or
(3)
The request is made in connection with the provision
of an essential service, which shall include, but not be limited to,
facilities or parts thereof which are connected to the furnishing
of medical, governmental, police, fire and/or health and safety services;
or
(4)
The request is made to avoid extreme financial hardship
to the applicant, which hardship is not self-created; or
(5)
The request is related to an application for design modifications
and accessibility improvements to facilitate access, safety or independent
living or to remove architectural barriers to access for persons with
mobility impairments or for people with disabilities at entrances
to and within buildings. Some examples of requests satisfying this
criteria shall include, but not be limited to, the following: the
installation of ramps or kitchen and bathroom renovations for the
purposes listed above; or
(6)
The request is made to address an urgent concern, including, but
not limited to, illness, disability, extreme living conditions, death
in the family, or a critical need involving the applicant or an immediate
family member of the applicant, and the delay in waiting for the application
to be processed under ordinary review-time standards would result
in a severe detriment to the applicant or the applicant's immediate
family member.
B.
The procedure set forth in § 2-10.1A shall not apply to the following:
(1)
Building
and plumbing permit applications to maintain construction, changes,
alterations, improvements or modifications previously undertaken without
the required permit(s).
(2)
Where
it can be reasonably determined by the Building Commissioner that
the applicant or someone on the applicant's behalf engaged in conduct
that is contrary to the Town Code, New York State Building Code, or
other applicable law, or with the intention of not complying with
such code or law without first seeking a required approval.
C.
Upon receipt of a request for expedited permit application
review, the Building Commissioner and the Planning Commissioner shall
review the request, together with the documentation supporting it,
and render a written determination within five business days. The
Building Commissioner and Planning Commissioner may require additional
documentation to support the request. If the two commissioners agree
on the determination, the determination shall be the final determination.
If the two commissioners do not agree on the determination, the request
shall be denied. The Building Commissioner shall notify the applicant
of the determination, in writing, within five business days from receipt
of the request. The written determination shall become a part of the
permanent file maintained by the Building Department.
D.
Prohibitions. It shall be unlawful for any person
or business entity to make false statements or mislead the Building
Commissioner in order to secure an expedited review pursuant to the
provisions of this chapter, or to fail and/or neglect to inform the
Commissioner of a change in the project which would negate eligibility
for an expedited review.
[Added 2-7-2023 by L.L. No. 2-2023]
A.
All building
permit applications for the installation of solar energy panels and
related equipment, including battery backups, shall be expedited by
the Building Department.
B.
All building
permit applications for the installation of electric vehicle charging
stations shall be expedited by the Building Department.
C.
Expedited
permit applications under this section shall be reviewed by the Building
Department within 14 business days of the filing of a completed application.
A.
A building permit shall be effective to authorize
the commencing of work in accordance with the application, plans and
specifications on which it is based for a period of three months after
the date of its issuance. If work is not commenced within such period
of three months, the project shall be deemed abandoned. For good cause,
the Building Commissioner may allow reasonable extensions at his discretion.
Any project which is not completed within two years from the date
of issuance of a building permit shall be deemed abandoned unless
good reason for delay is shown.
[Amended 4-2-2002 by L.L. No. 4-2002]
B.
The issuance of a building 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 ordinances or regulations. All work shall
conform to the approved application, plans and specifications. The
permit holder shall immediately cease construction and notify the
Building Commissioner of any change occurring during the course of
the work that is the subject of the permit. The Building Commissioner
shall determine whether the change warrants a new or amended building
permit, and such change shall not be made until and unless a new or
amended building permit reflecting the change is issued.
[Amended 4-4-2023 by L.L. No. 8-2023]
C.
The location of a new building or structure, or an
extension of an existing building or structure, shown on an accepted
and approved plot diagram or an approved amendment thereof, shall
be strictly adhered to.
D.
It shall be unlawful to reduce or diminish the area
of any lot or plot of which a plot diagram has been filed and has
been used as the basis for a permit, unless a revised plot diagram
showing the proposed change in condition shall have been filed and
approved; provided, however, that this shall not apply when the lot
area is reduced by reason of a street opening or widening or other
public improvement.
E.
The Building Commissioner shall be given at least
24 hours' notice of the starting of work under a permit.
[Amended 4-2-2002 by L.L. No. 4-2002]
F.
Before ceilings, walls or partitions of any work for
which a permit is required, or work for which an inspection is required
as provided below, are covered with lath, plasterboard, gypsum wallboard
or other covering, the Commissioner shall be notified. Within three
days after receipt of such notice, he shall inspect the same. No such
ceilings, walls or partitions shall be covered until permission to
do so has been granted by the Building Commissioner. All work for
which an inspection is required shall remain accessible and exposed
until inspected and accepted by the Building Commissioner.
[Amended 4-2-2002 by L.L. No. 4-2002; 4-4-2023 by L.L. No. 8-2023]
(1)
The
following elements of the construction process shall be inspected,
where applicable:
(a)
Work
site prior to the issuance of a building permit;
(b)
Work
site prior to the start of construction;
(c)
Footing
and foundation;
(d)
Waterproofing
of foundation;
(e)
Preparation
for concrete slab;
(f)
Framing;
(g)
Installation
of anchors and connectors to prevent wind uplift;
(h)
Structural,
electrical, plumbing, mechanical, fire-protection, and other similar
service systems of the building
(i)
Fire-resistant
construction;
(j)
Fire-resistant
penetrations;
(k)
Solid-fuel-burning
heating appliances, chimneys, flues, or gas vents;
(l)
Inspections
required to demonstrate Energy Code compliance, including but not
limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(m)
Installation,
connection, and assembly of factory-manufactured buildings and manufactured
homes; and
(n)
A
final inspection after all work authorized by the building permit
has been completed.
(2)
Following
each inspection, the work or a portion thereof shall be noted as satisfactory
as completed, or the permit holder shall be notified as to the manner
in which the work fails to comply with the Uniform Code or Energy
Code, including a citation to the specific code provision or provisions
that have not been met. Work not in compliance with any applicable
provision of the Uniform Code or Energy Code shall remain exposed
until such work shall have been brought into compliance with all applicable
provisions of the Codes, reinspected, and found satisfactory as completed.
G.
Building permits shall be prominently displayed on
the job site at all times during the progress of construction and
shall remain visibly displayed at the work site until the authorized
work has been completed.
[Amended 4-4-2023 by L.L. No. 8-2023]
A.
No building which is to have a total floor area in
excess of 10,000 square feet shall be constructed except under the
supervision of a professional engineer or architect licensed or registered
in the State of New York.
B.
No permit will be issued for the construction of a
building which is to have a total floor area in excess of 10,000 square
feet until an affidavit is filed with the Building Department certifying
that the construction of such building will be supervised by a professional
engineer or architect licensed or registered in the State of New York.
The affidavit shall be signed and sworn to by the engineer or architect
who will supervise the construction of such building and shall have
his professional seal affixed. In the event such engineer or architect
shall, for any reason, discontinue his supervision of the construction
of the building at any time prior to the completion, he shall immediately
notify the Building Department of such fact, and thereupon the building
permit issued for such construction shall be suspended and no further
work shall be done thereunder until another such affidavit shall be
filed with the Building Department certifying that supervision of
the construction has been resumed by another or the same engineer
or architect.
C.
No certificate of occupancy will be issued for a building
having a total floor area in excess of 10,000 square feet until a
final certificate is filed with the Building Department by the engineer
or architect who supervised the construction that the building was
in fact erected in conformity with the plans therefor filed with the
Building Department.
In the event of the abandonment of any building
project, it shall be the duty of the holder of the permit or the owner
of the premises, his agent or duly authorized representative to backfill
any open excavation up to the street or ground level; in case the
construction of the building or structure has proceeded beyond the
cellar excavation, all incomplete structures or openings shall be
completely boarded up so as to prevent access to the building or structure
in order to limit and prevent danger to persons or property and possible
fire hazards.
[Amended 8-21-1990 by L.L. No. 8-1990; 4-2-2002 by L.L. No. 4-2002; 12-16-2003 by L.L. No.
15-2003]
The Building Commissioner shall have the authority
to revoke any permits theretofore issued or withhold or revoke any
certificate issued pursuant to the completion of the permitted work
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 specification on which the building permit was based.
B.
Where he finds that the 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 the provisions of the application,
plans or specifications.
E.
Where the person to whom a permit has been issued
fails or refuses to comply with a stop order issued by the Building
Commissioner.
F.
Where he finds that trees have been removed without a tree removal permit having been obtained pursuant to § 2-9T of the Code.
G.
Where he finds that trees and/or shrubs have not been replaced or fees have not been paid as required by a tree removal permit having been obtained pursuant to § 2-9T of the Code.
H.
Where he finds that the applicant or owner is no longer in compliance with a consent order or plan for a lot or parcel on which the permitted work has been completed. For the purposes of this § 2-14H, the terms "consent order" and "plan" shall have the same meanings ascribed to them pursuant to § 2-9B(8)(c) of this Code.
[Amended 4-2-2002 by L.L. No. 4-2002; 5-21-2019 by L.L. No.
9-2019; 2-17-2022 by L.L. No. 2-2022; 4-4-2023 by L.L. No. 8-2023]
A.
Without regard to whether work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work, whenever the Building Commissioner
or Commissioner of Public Safety has reasonable grounds to believe
that work on or in any building or structure is being performed in
violation of the provisions of the applicable building laws, ordinances
or regulations, in violation of the Uniform Code or the Energy Code,
not in conformity with the provisions of an application, plans or
specifications on the basis of which a building permit was issued,
under a building permit that has become invalid, has expired, or has
been suspended or revoked, or in an unsafe and dangerous manner, he
shall notify the owner of the property, the owner's agent, the lessee
of the property, the tenant of the property, or the person performing
the work to suspend all building activities until the stop order has
been rescinded. Such order and notice shall be in writing, be dated
and signed by the Building Commissioner, shall state the reason or
reasons for issuance and the conditions under which the work may be
resumed. The stop-work order shall be served upon the owner of the
affected property (and, if the owner is not the permit holder, on
the permit holder) 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 same by registered or certified
mail. The Building Commissioner shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
registered or certified mail; provided, however, that failure to serve
any person mentioned in this sentence shall not affect the efficacy
of the stop-work order.
B.
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under Article V of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
C.
Penalties for offenses. Any person, association, firm, or corporation
which violates this section or assists in the violation of this section
shall be guilty of a violation, punishable:
(1)
By a fine of not less than $1,000 and not exceeding $5,000 or by
imprisonment for a period not to exceed 15 days, or both, for conviction
of a first offense.
(2)
By a fine of not less than $5,000 nor more than $10,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
second offense.
(3)
By a fine of not less than $10,000 nor more than $20,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
third or subsequent offense of a series of offenses, all of which
were committed within a period of five years.
[Amended 4-2-2002 by L.L. No. 4-2002]
A.
No building hereafter erected shall be occupied or
used, in whole or in part, until a certificate of occupancy shall
have been issued by the Building Commissioner certifying that such
building conforms substantially to the permit and the requirements
of law applying to buildings of its class and kind.
B.
No building hereafter enlarged, extended or so altered,
wholly or in part, as to change its classification as a residential,
business or industrial building, and no building hereafter altered
for which a certificate of occupancy had not been issued heretofore,
shall be occupied or used, in whole or in part, until a certificate
of occupancy shall have been issued by the Building Commissioner certifying
both that the work for which the permit was issued has been completed
substantially in accordance with the permit and the provisions of
law applying to such an alteration, and that the building is safe
for occupancy insofar as can be determined by visual inspection, provided
that if the occupancy or use of such building was not discontinued
during the work of alterations, the occupancy or use of the building
shall not continue for more than 30 days after completion of the alteration
unless such certificate shall have been issued.
[Amended 4-2-2002 by L.L. No. 4-2002]
In those instances where work is performed under
a permit but no certificate of occupancy is required, the Building
Commissioner shall issue a certificate of completion if it is found
that the proposed work has been completed substantially in accordance
with the permit and the laws applicable thereto. The certificate shall
also indicate the use or uses to which the structure or installation
may thereafter be put and to what extent.
[Amended 4-2-2002 by L.L. No. 4-2002]
In those instances where plumbing or drainage
work is to be performed under a permit, the Building Commissioner
shall issue a certificate of approval of the plumbing or drainage
work if it is found that said work has been completed substantially
in accordance with the permit and the laws applicable thereto.
A.
Before issuing a certificate of occupancy, a certificate
of completion or a certificate of approval of plumbing or drainage
work, the Building Commissioner shall examine or cause to be examined
all buildings, structures, sites and work which were the subject of
a building permit, and the Building Commissioner may conduct such
inspection as he deems appropriate from time to time during and upon
completion of the work. In addition to the required inspection, where
applicable, the following documents, prepared in accordance with the
provisions of the Uniform Code by such person or persons as may be
designated by or otherwise acceptable to the Building Commissioner,
at the expense of the applicant for the certificate of occupancy,
certificate of approval or certificate of completion, shall be provided
to the Building Commissioner prior to the issuance of the certificate
of occupancy, certificate of approval or certificate of completion:
[Amended 4-2-2002 by L.L. No. 4-2002; 4-4-2023 by L.L. No. 8-2023]
(1)
A written
statement of structural observations and/or a final report of special
inspections;
(2)
Flood
hazard certifications;
(3)
A written
statement of the results of tests performed to show compliance with
the Energy Code; and
(4)
Where
applicable, the affixation of the appropriate seals, insignias, and
manufacturer's data plates as required for factory-manufactured buildings
and/or manufactured homes.
B.
There shall be maintained in the Building Department
a record of all such examinations and inspections together with a
record of findings of violations of the law.
[Amended 6-19-2012 by L.L. No. 10-2012; 4-4-2023 by L.L. No. 8-2023]
A.
A certificate
of occupancy, a certificate of completion or a certificate of approval
of plumbing or drainage work shall be issued within a reasonable time
after application therefor is made. A final survey must be submitted
before a certificate of occupancy or a certificate of completion will
be issued; except in instances where a certificate of completion is
sought, a final survey shall not be required for interior alterations
or renovations that do not alter or change the footprint or the exterior
shell of the building or structure, including but not limited to exterior
walls and the roof, for which the certificate is sought.
B.
A certificate
of occupancy, certificate of approval or certificate of completion
shall contain the following information:
(1)
The
building permit number, if any;
(2)
The
date of issuance of the building permit, if any;
(3)
The
name (if any), address and Tax Map number of the property;
(4)
If the
certificate of occupancy, certificate of approval or certificate of
completion is not applicable to an entire structure, a description
of that portion of the structure for which the certificate of occupancy
or certificate of approval or certificate of completion is issued;
(5)
The
use and occupancy classification of the structure;
(6)
The
type of construction of the structure;
(7)
The
occupant load of the assembly areas in the structure, if any;
(8)
Any
special conditions imposed in connection with the issuance of the
building permit; and
(9)
The
signature of the Building Commissioner issuing the certificate of
occupancy, certificate of approval or certificate of completion and
the date of issuance.
[Amended 4-2-2002 by L.L. No. 4-2002; 4-4-2023 by L.L. No. 8-2023]
The Building Commissioner shall be permitted
to issue a temporary certificate of occupancy allowing the temporary
occupancy of a building or structure, or a portion thereof, prior
to completion of the work which is the subject of a building permit.
Following a determination that a building or structure, or the portion
thereof, may be occupied safely, that any required fire and life safety
components, such as fire protection equipment and fire, smoke, carbon
monoxide, and heat detectors and alarms, are installed and operational,
and that all required means of egress from the structure have been
provided, the Building Commissioner may issue a temporary certificate
of occupancy for a building or structure, or part thereof, before
the entire work covered by the building permit shall have been completed.
The Building Commissioner may include in a temporary certificate of
occupancy such terms and conditions as he or she deems necessary or
appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate of occupancy
may be issued for a period not exceeding three months from its date
of issuance, shall specify such date in the temporary certificate
of occupancy, and shall be void thereafter, except that for good cause
the Building Commissioner may allow a maximum of two extensions for
periods not exceeding three months each. During the specified period
of effectiveness of the temporary certificate of occupancy, the permit
holder shall undertake to bring the building or structure into full
compliance with all applicable provisions of the Uniform Code and
the Energy Code.
[Added 4-4-2023 by L.L. No. 8-2023]
If the Building Commissioner determines that a certificate of
occupancy, certificate of approval, certificate of completion, or
a temporary certificate of occupancy was issued in error or on the
basis of incorrect information, and if the relevant deficiencies are
not corrected to the satisfaction of the Building Commissioner within
such period of time as shall be specified by the Building Commissioner,
the Building Commissioner shall revoke or suspend such certificate.
[Amended 4-2-2002 by L.L. No. 4-2002]
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
with the requirements of the applicable building laws, ordinances
or regulations, the Building Commissioner may require the same to
be subjected to tests by a testing agency designated by the Building
Commissioner at the applicant's own cost in order to furnish proof
of such compliance.
[Amended 8-18-1987 by L.L. No. 12-1987; 4-2-2002 by L.L. No. 4-2002]
In accordance with § 382 of Article
18 of the Executive Law of the State of New York:
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 the Uniform Fire Prevention and Building Code
or rule promulgated by the Building Department, in accordance with
the Uniform Code or to fail in any manner to comply with a notice,
directive or order of the Building Commissioner, or to construct,
alter, use or occupy any building or structure, or part thereof, in
a manner not permitted by an approved building or plumbing permit
or certificate of occupancy.
B.
Any person who shall fail to comply with a written
order of the Building Commissioner within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents, or any
other person taking part or assisting in the construction or use of
any building who shall knowingly violate any of the applicable provisions
of the Uniform Fire Prevention and Building Code or any lawful order,
notice, directive, permit or certificate of the Building Commissioner
made thereunder regarding standards for construction, maintenance
or fire protection equipment and systems, shall be punishable by a
fine of not more than $1,000 or imprisonment not exceeding one year,
or both. Each day that a violation continues shall be deemed a separate
offense.
C.
A written order of the Building Commissioner issued pursuant to this
section shall be known as an "order to remedy." An order to remedy
shall be signed and dated by the Building Commissioner; shall specify
the condition or activity that violates the Uniform Code, the Energy
Code, or this article; shall specify the provision or provisions of
the Uniform Code, the Energy Code, or this article which are violated
by the specified condition or activity; and shall include a statement
that the person or entity served with the order to remedy must completely
remedy each violation described in the order to remedy within 30 days
after the date of the order to remedy.
[Added 4-4-2023 by L.L. No. 8-2023]
D.
The order
to remedy may include provisions ordering the person or entity served
with such order to remedy 1) to begin to remedy the violations described
in the order to remedy immediately, or within some other specified
period of time which may be less than 30 days; to continue diligently
to remedy such violations until each such violation is fully remedied;
and, in any event, to complete the remedying of all such violations
within 30 days of the date of such order to remedy; and/or 2) to take
such other protective actions (such as vacating the building or barricading
the area where the violations exist) which are authorized by this
article or by any other applicable statute, regulation, rule, local
law or ordinance, and which the Building Commissioner may deem appropriate,
during the period while such violations are being remedied. The Building
Commissioner shall cause the order to remedy, or a copy thereof, to
be served on the owner of the affected property personally or by registered
mail or certified mail within five days after the date of the order
to remedy. The Building Commissioner shall be permitted, but not required,
to cause the order to remedy, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work being performed at the affected property personally
or by registered mail or certified mail within five days after the
date of the order to remedy; provided, however, that failure to serve
any person mentioned in this sentence shall not affect the efficacy
of the order to remedy.
[Added 4-4-2023 by L.L. No. 8-2023]
E.
Nothing
in this section shall be construed as requiring the Building Commissioner
to issue an order to remedy where violations of the Uniform Code or
the Fire Code are found to exist if the Building Commissioner determines
that such violations can be addressed adequately by the use of other
enforcement tools. Nothing in this section shall be construed as limiting
the authority of the Building Commissioner to employ any other means
of enforcing the Uniform Code and the Fire Code.
[Added 4-4-2023 by L.L. No. 8-2023]
[Added 4-4-2023 by L.L. No. 8-2023]
The Building Commissioner shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this article,
or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Building Commissioner may deem to be appropriate:
A.
Performing
an inspection of the conditions and/or activities alleged to be in
violation and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in Article V of this chapter. Alternatively, an appearance ticket may be issued if the Building Commissioner determines the violations are egregious or a threat to life and safety;
C.
If appropriate,
issuing a stop-work order;
D.
If a violation
which was found to exist is abated or corrected, performing an inspection
to ensure that the violation has been abated or corrected, preparing
a final written report reflecting such abatement or correction, and
filing such report with the complaint.
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 penalties otherwise prescribed by law.
[Added 4-28-1987 by L.L. No. 9-1987; 2-27-1996 by L.L. No. 4-1996]
A.
Fire limits are hereby established in the following districts as designated in Chapter 70, Zoning:
(1)
Multiple Residence Districts.
(2)
Public Housing Residence Districts.
(3)
Golden Age Districts.
(4)
Parking Districts.
(5)
Transportation Districts.
(6)
Business AA Districts.
(7)
Business A Districts.
(8)
Business B Districts.
(9)
Planned Industrial Park Districts.
(10)
Modified Planned Industrial Park Districts.
(11)
Service Commercial Districts.
(12)
Industrial A Districts.
(13)
Industrial B Districts.
(14)
Hospital Districts.
B.
In Multiple Residence Districts, buildings of C6.1
occupancy designated by the New York State Uniform Fire Prevention
and Building Code are exempt from fire limits, provided that the proposed
building has a distance separation of 20 feet, is fully sprinklered,
is one-story and has 6,500 square feet or less.
C.
The chief of any fire department providing firefighting services
for a property within this Town shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney, or gas vent.
[Added 4-4-2023 by L.L. No. 8-2023]
The restrictions of the Building Zone Ordinance
with respect to the location of trades and industries, the use and
occupancy of buildings, the areas of yards and other open spaces and
the height of buildings and structures shall not be deemed to be modified
by any provision of this article; and such restrictions shall be controlling
except insofar as this article imposes greater restrictions by reason
of the type of construction used, in which case the provisions of
this article shall control.
[Amended 4-2-2002 by L.L. No. 4-2002]
No oversight or dereliction of duty on the part
of the Building Commissioner or on the part of any employee of the
Building Department shall legalize the erection, construction, alteration,
removal of, use or occupancy of a building or structure that does
not conform to the applicable building or plumbing laws, ordinances
or regulations, or that does not conform with the provisions of an
application, plans or specifications on the basis of which a building
permit or plumbing permit was issued, or that does not conform to
the applicable provisions of the Building Zone Ordinance.
A.
All fees required per this section shall be collected
by the Building Commissioner, or his authorized designee, and no permits
shall be issued by the Building Commissioner until such fees have
been paid.
[Amended 4-2-2002 by L.L. No. 4-2002; 4-11-2006 by L.L. No. 5-2006; 5-6-2008 by L.L. No.
4-2008]
B.
The "estimated cost" herein referred to means the
amount of money that would ordinarily be expended for good, safe construction
in the erection of the complete building or structure exclusive of
interior decoration.
C.
All fees are defined per schedule adopted by Town
Board resolution, as amended from time to time.
[Amended 10-22-1974 by L.L. No. 9-1974; 7-10-1984 by L.L. No. 6-1984; 3-25-1986 by L.L. No. 2-1986; 8-21-1990 by L.L. No. 8-1990; 8-13-1991 by L.L. No. 11-1991; 12-13-1994 by L.L. No.
9-1994; 7-16-1996 by L.L. No. 11-1996; 5-18-1999 by L.L. No.
5-1999; 4-2-2002 by L.L. No. 4-2002; 12-13-2005 by L.L. No.
14-2005; 4-11-2006 by L.L. No. 5-2006; 6-19-2012 by L.L. No.
10-2012]
(1)
Reconciliation
period for previously nonpermitted work. Notwithstanding any existing
local law or preceding Town Board resolution to the contrary, all
building and plumbing permit applications to maintain construction,
changes, alterations, improvements or modifications which had been
previously undertaken without the required permit(s) and inspections,
and that are submitted to, or pending in, the Building Department,
on or after July 2, 2012, through and including December 31, 2014,
shall not be subject to the increased penalty fees set forth in the
Building Department fee schedule, but rather shall be subject to the
regular permit fee for proposed work without imposition of a penalty.
This provision shall not affect the disposition of any pending court
proceedings relative to code violations.
[Amended 1-7-2014 by L.L.
No. 1-2014]
D.
The Building Commissioner is authorized to fix by
regulation a schedule of square feet and/or cubic feet for buildings
or structures of varying types of construction and classes of occupancy
to serve as the basis for determining estimated costs. The estimated
cost of the structure shall be determined by the Building Commissioner.
[Amended 4-2-2002 by L.L. No. 4-2002]
E.
The payment of a fee as provided in this section shall
in no way relieve the applicant or holder of the permit from the payment
of other fees that may be prescribed by law or ordinance for inspections,
certificates, sewer connections, water taps or other privileges or
requirements.
F.
No fees, as in this section provided, shall be refunded
after a permit has been granted by reason of abandonment of the project,
revocation of a permit or for willful violation of the provisions
of the Building Code.
G.
Upon the filing of an application for a permit, the
following fees shall be charged and collected:
[Amended 10-22-1974 by L.L. No. 9-1974; 4-20-1999 by L.L. No. 4-1999; 5-6-2008 by L.L. No.
4-2008]
(1)
The applicant shall pay an initial nonrefundable application
fee of $250, which will be applied to the assessed fee, as later calculated
by the Commissioner of the Building Department, or his designee, prior
to the issuance of the permit; or
(2)
Where the Commissioner of the Building Department,
or his designee, has determined that the estimated cost of the permit
fee will not exceed $250, the applicant shall pay the total estimated
cost thereof. Should the actual calculation exceed $250, the applicant
shall pay the balance due and owing prior to the issuance of the permit.
(3)
The fee shall not be refunded if the application for
the permit is not approved, unless:
(a)
The applicant has allowed its time to expire for an
appeal to the Board of Zoning and Appeals, or has lost its appeal
to the Board of Zoning and Appeals and has allowed its time to expire
for commencing an Article 78 proceeding challenging the determination
of the Board of Zoning and Appeals; and
(b)
The applicant provides proof to the Commissioner of
Buildings that it is a tax-exempt organization under § 501(C)(3)
of the United States Internal Revenue Code. Such proof shall consist
of either:
[Added 3-25-1986 by L.L. No. 2-1986; amended 8-13-1991 by L.L. No. 11-1991; 12-13-1994 by L.L. No. 9-1994; 8-12-2003 by L.L. No.
11-2003; 4-11-2006 by L.L. No. 5-2006]
The fee for conducting a search and/or furnishing
certified copies of certificates on file shall be paid in accordance
with the Town of North Hempstead Fee Schedule.
