Town of North Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[1]
Editor's Note: Former §§ 2-1 through 2-8, relating to the Building Inspector and the Building Department, were repealed 12-31-1974 by L.L. No. 19, 1974. For current regulations on the Building Inspector, see Ch. 23, Article X.
[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 permit, except that no permit shall be required for the performance of ordinary repairs which are not structural in nature.
B. 
Such application shall be made to the Building Commissioner on forms provided by him and shall contain the following information:
(1) 
A description of the land on which the proposed work is to be done.
(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.
(6) 
A duplicate set of plans and specifications as set forth in Subsection G of this section.
(7) 
A short environmental assessment form, as set forth in Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
[Added 12-16-2003 by L.L. No. 15-2003]
(8) 
A statement from the applicant and owner disclosing:
[Added 12-16-2003 by L.L. No. 15-2003[1]]
(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.
[1]
Editor’s Note: This local law also redesignated former Subsection B(8) as B(9).
(9) 
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 duplicate plans and specifications, and duplicate 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 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 and the size of all existing and proposed buildings, additions and/or structures on the property. 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.
[Amended 6-19-2012 by L.L. No. 10-2012]
H. 
The plans shall be drawn to scale and shall show all necessary details of all structural, mechanical, electrical, and plumbing work to be performed.
I. 
Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer.
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.
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 any tree or trees on private property without first obtaining a tree removal permit.
[Amended 6-19-2012 by L.L. No. 10-2012]
(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 living woody plant 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, an applicant is subject to the definitions and tree removal application requirements as described 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.
(h) 
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.
[3] 
Photos of each tree to be removed.
[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. A copy of the Tree Standards and Specifications will be provided to the applicant.
[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.
(f) 
The significance of the tree in regard to:
[1] 
The size of the tree.
[2] 
The rarity of the species.
[3] 
The historical value of the tree.
(g) 
The effect of the removal on:
[1] 
The character of the site with respect to vegetation management practices.
[2] 
Ecological systems.
[3] 
The existing screening of any road or highway bordering the property in question.
[4] 
Erosion control from the parcel on which the tree is to be removed and its impact on adjacent parcels.
(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 subject to the tree replacement guidelines enumerated in this subsection.
(a) 
Fifty percent of the total tree diameter removed must be replaced.
(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.
(c) 
The proposed location of the new tree(s) shall be approved by the Building Commissioner.
(d) 
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. Size classes are enumerated in the Tree Standards and Specifications to be promulgated by the Building Commissioner.
(e) 
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 trees to be replaced with shrubbery, provided the plant selection has met his prior approval, as a condition of a tree removal permit. If the site does not permit the planting of shrubs, the Building Commissioner shall require the applicant to pay an additional fee to the Commissioner of Buildings in an amount determined by the applicant and confirmed by the Commissioner to be equal to the estimated cost of the required number of trees and/or shrubs.
(f) 
All required tree plantings shall occur between April 1 and December 1 and 90 days after the tree removal.
[1] 
If plantings cannot occur within 90 days of the removal due to the above planting time restrictions, the Commissioner of Buildings may 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 applicant and confirmed by the Commissioner to be equal to the estimated cost of planting the required number of trees and/or shrubs 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.
[a] 
In the event of a default, such bond or cash deposit shall be forfeited to the Town Parks Department for additional plantings in Town parks, and the applicant shall be 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.
[b] 
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) 
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.
(7) 
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 can be solved by removal of such tree.
[Added 9-29-2015 by L.L. No. 12-2015; amended 9-7-2017 by L.L. No. 8-2017]
A. 
For purposes of this § 2-9.1, the following terms shall have the following meanings:
APPLICANT
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.
BUILDING PERMIT
The permit described in § 2-9 of the Town Code.
CERTIFICATE OF COMPLETION
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.
CONTRACTOR or SUBCONTRACTOR
A contractor or subcontractor who employs labor on a large commercial project.
DEPARTMENT
The Department of Building Safety, Inspection and Enforcement of the Town of North Hempstead.
DOL
The New York State Department of Labor.
LARGE COMMERCIAL PROJECT
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.
PROGRAM TIME PERIOD
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.
SPONSOR
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.
[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. He shall approve or disapprove the application within a reasonable time.
B. 
Upon approval of an application for a permit and upon receipt of the legal fees therefor, the Building Commissioner shall issue a permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
C. 
Upon approval of 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.
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 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]
A. 
An applicant may apply in writing to the Building Commissioner requesting expedited permit application review, which request shall include such supportive documentation 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
(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.
B. 
Upon receipt of a request for expedited permit application review, the Building Commissioner shall review the request, together with the documentation supporting it, and render a proposed written determination. The proposed written determination shall then be forwarded to the Supervisor and the Councilperson having jurisdiction over the affected premises for comment from each. The Supervisor and the Councilperson shall have five business days to consider the request and proposed determination, and each may provide comment and/or recommendations to the Building Commissioner prior to the expiration of that time period.
C. 
In the event that the Supervisor and Councilperson make no comment or recommendation, the proposed determination shall become a final determination and shall become a part of the permanent file maintained by the Building Department. In the event that the Supervisor and/or Councilperson make comments or recommendations contrary to the proposed determination, those comments or recommendations shall prevail and shall become a part of the permanent file maintained by the Building Department.
D. 
Applicants not meeting the above criteria who wish to have an expedited permit application review may request same in writing to the Building Commissioner. Upon receipt of said request, the applicant will be provided with a list of designated architectural and engineering firms which have been approved by the Town Board of the Town of North Hempstead, whereupon, the applicant may select a participating firm to review his/her application and pay the cost thereof.
[Amended 5-27-2008 by L.L. No. 5-2008]
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.
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 are covered with lath, plasterboard, plaster ceiling or other covering, the Building 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.
[Amended 4-2-2002 by L.L. No. 4-2002]
G. 
Building permits shall be prominently displayed on the job site at all times during the progress of construction so as to be readily seen from adjacent thoroughfares.
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.
D. 
Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the Building Commissioner.
E. 
Where he finds that trees have been removed without a tree removal permit having been obtained pursuant to § 2-9T of the Code.
F. 
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.
G. 
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 § 2-14G, the terms "consent order" and "plan" shall have the same meanings ascribed to them pursuant to § 2-9B(8)(c) of this Code.
H. 
Where he takes action or the Town Board has adopted a resolution authorizing action pursuant to § 2A-9 of this Code.
[Amended 6-14-2011 by L.L. No. 9-2011]
I. 
Where he exercises emergency powers pursuant to § 2A-12 of this Code.
[Amended 6-14-2011 by L.L. No. 9-2011]
[Amended 4-2-2002 by L.L. No. 4-2002; 5-21-2019 by L.L. No. 9-2019]
A. 
Whenever the Building Commissioner 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, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, 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, shall state the conditions under which the work may be resumed and may be served upon a person whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building under construction and sending a copy of same by registered or certified mail.
B. 
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 building, structures, sites and work for which such application has been filed; and he may conduct such inspection as he deems appropriate from time to time during and upon completion of the work.
[Amended 4-2-2002 by L.L. No. 4-2002]
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]
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.
[Amended 4-2-2002 by L.L. No. 4-2002]
Upon request, 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, provided that such portion or portions as have been completed may be occupied safely without endangering life, health or the public welfare. A temporary certificate of occupancy may be issued for a period not exceeding three months from its date of issuance 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.
[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.
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.
[1]
Editor's Note: Former § 2-25, Unsafe buildings, was repealed 4-27-1982 by L.L. No. 1-1982. For current regulations on unsafe buildings, see Ch. 2A, Buildings, Unsafe.
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:
[1] 
A ruling from the Internal Revenue Service approving an application on Form 1023; or
[2] 
Documentary proof that the real property to which the application pertains is exempt from taxation on the assessment roll of the County of Nassau.
[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.