Babylon Village City Zoning Code
ARTICLE VI
Enforcement; Permits; Site Plan Review
§ 365-25 Enforcement officer.
[Amended 3-27-2007 by L.L. No. 3-2007]
It shall be the duty of the Building Inspector or any Village of Babylon employee designated by the Building Inspector or the Mayor to enforce the provisions of this chapter.
§ 365-26 Permit required; materials to be submitted.
[Amended 12-11-1984 by L.L. No. 7-1984]
A.
No building shall hereafter be erected and no existing building shall be structurally altered or added to on any lot, plot or premises and no excavation or work of any nature shall commence in connection therewith, nor shall any use of an existing building be changed until a permit authorizing the same shall have been issued by the Building Inspector. The Building Inspector shall require that the application for a permit and the accompanying plot plan, plans and specifications shall contain all information necessary to enable him to determine whether the proposed building addition or structural alterations or change of use to an existing building comply with the provisions of this chapter and Chapter 171, Flood Damage Prevention, where applicable.
[Amended 10-24-2006 by L.L. No. 8-2006; 7-14-2015 by L.L. No. 5-2015]
B.
No permit shall be required for a storage shed located on the same plot as a one- or two-family dwelling, provided that only one storage shed shall be located on such plot and that such storage shed shall be securely anchored to the ground, shall comply with the structural provisions of the New York State Uniform Fire Prevention and Building Code and shall comply with all other Village laws, rules and regulations. Any storage shed which, in the opinion of the Building Inspector, has become dangerous, unsound, unsafe or hazardous as a result of fire, neglect, disrepair, structural failure, collapse, vandalism or any other means shall be declared a public nuisance. Any such shed declared to be a public nuisance shall be removed in accordance with the Building Inspector's specifications.
C.
Decks/patios; outdoor playgrounds and gyms.
[Added 9-9-1986 by L.L. No. 4-1986; amended 1-11-1994 by L.L. No. 1-1994]
(1) DECK/PATIO
As used in this subsection, the following terms shall have the meanings indicated:
A single- or multi-level open flat or roof-enclosed structure composed of wood, metal, masonry or similar material.
(2)
Decks and patios over 18 inches in height shall conform to minimum setback requirements of the main structure. A building permit shall be required for a deck/patio which is 18 inches or more above the adjacent grade level.
(3)
A building permit shall be required when an outdoor playground or gym (or any combination) exceeds a lot area of 90 square feet.
D.
In the districts designated in this Code as Marine Commercial District, Retail Business District and Industrial District, no exterior additions, including but not limited to fences, decks, patios, breezeways, arbors, seating arrangements, freestanding walls and similar structures, shall be constructed, added, erected or placed upon any lot, plot or premises, and no excavation or work of any nature shall commence in connection therewith, until a permit authorizing the same shall have been issued by the Building Inspector. Before issuing such a permit, the Building Inspector shall require that an application for a permit shall be filed with accompanying plot plan, plans and specifications, and the same shall be referred to the Planning Board for recommendation in connection therewith. No building permit shall be issued except in conjunction with plans filed and approved.
[Added 5-10-1988 by L.L. No. 2-1988]
E.
A building permit shall be required for a roofless deck, patio, porch, landing, portico, balcony or sun deck which is more than 18 inches above the adjacent grade level or higher than the first floor grade of the main structure, whichever is lower. No work of any nature shall commence in connection therewith until a permit authorizing the same shall have been issued by the Building Inspector. Before issuing such a permit, the Building Inspector shall require that an application for a permit shall be filed with the occupancy plot plan and specifications, and the same shall be referred to the Planning Board for its review and recommendation. The Planning Board may approve with modifications or disapprove the same as it deems necessary to preserve the health, safety and welfare of the community. No building permit shall be issued except in conjunction with plans filed and approved.
[Added 11-13-1990 by L.L. No. 4-1990; amended 6-23-1992 by L.L. No. 1-1992; 6-22-2004 by L.L. No. 2-2004]
F.
No outside stairway shall be installed to a deck, porch, landing, second or third floor, basement, portico, balcony or sun deck which has access to any part of a building that is higher or lower than the first floor.
[Added 6-23-1992 by L.L. No. 1-1992; amended 11-25-1997 by L.L. No. 5-1997]
G.
Streamlining applications for rooftop solar panels.
[Added 9-27-2011 by L.L. No. 2-2011]
(1)
Legislative purposes. The Village Board of Trustees has concluded that in order to facilitate adoption of solar energy technologies in residential settings, it is incumbent upon municipalities such as the Village of Babylon to remove the complexity and hassle associated with securing approval of installations for solar technology by creating a streamlined application process that is more targeted than the building permit process that is currently utilized. Such a new process will save time, eliminate paperwork and related expenses, protect public safety and speed approvals.
(2) APPROVED CONTRACTOR APPROVED EQUIPMENT(a) (b) (c) APPROVED INSPECTOR SOLAR PANEL INSTALLATIONS STANDARD INSTALLATION
Definitions. As used in this section, the following terms shall have the meanings indicated:
A contractor whose credentials were reviewed and approved by either the Building Inspector or the Long Island Power Authority (LIPA) as evidenced by the list to be maintained and published by LIPA of installers whose credentials have been pre-screened.
Solar paneling equipment previously reviewed and approved by the Building Inspector or meeting the requirements for a standard installation and shall include the following:
Photovoltaic (PV) panels certified by a nationally-recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703;
Inverters on a list of New York State Public Service Commission type-tested inverters which are tested by UL or other nationally-recognized laboratories to conform with UL standard 1741; and
Residential solar hot water (RSHW) equipment certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors.
Electrical Underwriters, which are already required to perform the electrical inspection of the system, and who certify that they have been trained to perform the third-party PV inspection or a third-party designated by LIPA on a list of trained PV inspectors maintained by LIPA.
Solar electric panel and solar hot water installations where the installation is to be flush mounted on a residential roof and to be installed by an approved contractor using approved equipment.
A solar energy system with a roof load of no more than five pounds per square foot for photovoltaic (PV) and six pounds per square foot for residential solar hot water (RSHW) that is flush-mounted using a racking system approved by a licensed New York State professional engineer or registered architect on a residential roof with an eighteen-inch-wide clear path at the roof ridge.
(3)
Anything to the contrary notwithstanding, the Building Inspector shall expedite the process of permitting standard installations of solar panels by approved contractors using approved equipment. Permits for same may be issued based upon the following criteria:
(a)
A new property survey shall not be required, but if the solar energy system is proposed for an accessory structure on the residential property, the property owner will be required to provide an existing survey showing that the accessory structure is legal.
(b)
The application shall include a certified drawing (hand-drawn or better) of the solar panel location and layout on the roof and other diagrams.
(c)
The application will require a professional engineer or registered architect to certify the load bearing and wind load sufficiency of the subject solar installation.
(d)
The contractor must be an approved contractor.
(e)
The permit shall be limited to approved equipment.
(f)
The Building Inspector may rely upon and accept third-party inspections and/or certifications if provided by approved inspectors, which inspectors are to be paid for by the homeowner.
(4)
Requirements for permit submittal. Before approval and issuance of permit(s) for a grid-tied photovoltaic system (PV) or residential solar hot water system (RSHW), the applicant shall submit:
(a)
A completed fast track permit requirements checklist on the Building Inspector's approved form.
(b)
Three sets of plans which include:
[2]
Sheet index indicating each sheet title and number;
[3]
Legend for symbols, abbreviations and notations used in the drawings;
[4]
Configuration diagrams prepared by a professional engineer or registered architect (see samples) which are sketched (hand-drawn or better) as follows:
[a]
Roof diagram depicting modules or collectors and racking configuration on designated surface(s) to scale and dimensioned. The diagram should include any eighteen-inch clearance/access required as noted in the fast track permit requirements checklist criteria.
[b]
Equipment location diagram indicating the location(s) of the modules or collectors; main electrical service; inverter(s); the location of all equipment disconnects on the outside of the structure (i.e., A/C disconnect); any interior equipment locations.
[c]
One line standard electrical diagram.
[5]
Property survey if system is proposed for an accessory structure.
(c)
Fast track project information sheet on the Building Inspector's approved form.
(5)
Permits. Applications for permits made under Section G above shall be reviewed on an expedited basis and those which conform to the requirements herein for standard installations of approved equipment by an approved contractor shall be approved expeditiously. Certificates of occupancy and/or compliance may be issued by the Building Inspector in reliance upon certifications as to completion and compliance by an approved inspector.
(6)
Once installed, notification must be given to the Babylon Village Fire Department by the property owner.
[Added 11-22-2011 by L.L. No. 9-2011]
§ 365-27 Time limit for completing work.
[Amended 4-18-1974]
When a building permit is issued for the erection or alteration of a building, said work shall be completed within six months from the date of issuance of the permit or an extension thereof. The Building Inspector is hereby authorized to grant one or two extensions, of six months each; provided, however, that the applicant shall submit proof in writing of his inability to complete the work within the time limit.
§ 365-28 Certificates of occupancy.
A certificate of occupancy shall be applied for at the same time that the building permit is applied for and shall be issued within 10 days after the Building Inspector has been notified that the erection, addition or alteration of the building shall have been completed in accordance with the requirements of this chapter. A record of all certificates issued shall be kept on file in the office of the Building Inspector. Copies of such certificates shall be furnished upon written request to any person having a proprietary, tenancy or equitable interest in the building affected.
§ 365-29 When certificate of occupancy required; revocation of permits and certificates.
A.
No land shall be occupied or used, and no building hereafter erected or altered shall be used, in whole or in part, for any purpose whatsoever, except for the alteration of or addition to a dwelling, until a certificate of occupancy shall have been issued by the Building Inspector stating that the premises or building complies with all the provisions of this chapter.
B.
No change of use of any land, premises or building shall be made until a certificate of occupancy shall have been issued by the Building Inspector stating that such change complies with all the provisions of this chapter, and if any such change involves the erection of a building or the alteration of or addition to an existing building, a permit therefor shall be obtained before any change may be made and a certificate of occupancy will be issued.
C.
The Building Inspector may revoke a building permit upon the finding that there has been made any false statement or misrepresentation of a material fact in the application, plot plan, plans and specifications and any other information upon which the permit was issued.
D.
The Building Inspector shall revoke any certificate of occupancy issued for any premises upon his inspection and his finding that said premises or the use thereof fails to comply in all respects with the provisions of this chapter or that said premises, in his determination and judgment, are maintained in a condition dangerous, unsafe and hazardous to life, limb and health.
§ 365-30 Requirements for issuance of certificate of occupancy.
No certificate of occupancy shall be issued by the Building Inspector until he has satisfactory evidence of the following:
A.
Construction, alteration or remodeling of the building and the installation of equipment therein has been completed in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code and any other applicable code or codes adopted by this Village.
B.
A certificate has been secured from the health authority having jurisdiction approving the buildings, outbuildings, if any, cesspools, septic tanks and other means of sewage disposal.
§ 365-31 Fees to be collected by Building Inspector.
[Amended 4-18-1974; 7-23-2002 by L.L. No. 1-2002]
The Building Inspector shall collect the following fees before issuing any of the following building permits, renewals or inspections.
A.
For all residential construction, the fees shall be calculated based upon the cost of construction as determined by the Building Department based upon its analysis of the plans and discussion with the property owner (or its agent or designee), taking into consideration industry costs. (See schedule attached.)
B.
For all commercial, business, industrial, and marine commercial construction, the fees shall be calculated based upon the cost of construction as determined by the Building Department based upon its analysis of the plans and discussion with the property owner (or its agent or designee), taking into consideration industry costs. (See schedule attached.)
C.
For the renewal of any building permit, the cost shall be $50.
D.
For the issuance of a certificate of occupancy or letter of prior existing use, the fee shall be $50.
E.
For the issuance of a document legalizing an existing structure, the fee shall be $250.
F.
This section shall enable the Board of Trustees to modify Building Department fees from time to time as the need may arise without the necessity of any further public hearing.
[Amended 6-22-2004 by L.L. No. 2-2004; 4-14-2015]
Residential Property Permit Fees | |||||||
|---|---|---|---|---|---|---|---|
Construc-tion Cost | Filing Fee | 1.50% | Permit Fee | Construc-tion Cost | Filing Fee | 1.50% | Permit Fee |
$1,000 | $85 | $15 | $100 | $51,000 | $85 | $765 | $850 |
$2,000 | $85 | $30 | $115 | $52,000 | $85 | $780 | $865 |
$3,000 | $85 | $45 | $130 | $53,000 | $85 | $795 | $880 |
$4,000 | $85 | $60 | $145 | $54,000 | $85 | $810 | $895 |
$5,000 | $85 | $75 | $160 | $55,000 | $85 | $825 | $910 |
$6,000 | $85 | $90 | $175 | $56,000 | $85 | $840 | $925 |
$7,000 | $85 | $105 | $190 | $57,000 | $85 | $855 | $940 |
$8,000 | $85 | $120 | $205 | $58,000 | $85 | $870 | $955 |
$9,000 | $85 | $135 | $220 | $59,000 | $85 | $885 | $970 |
$10,000 | $85 | $150 | $235 | $60,000 | $85 | $900 | $985 |
$11,000 | $85 | $165 | $250 | $61,000 | $85 | $915 | $1,000 |
$12,000 | $85 | $180 | $265 | $62,000 | $85 | $930 | $1,015 |
$13,000 | $85 | $195 | $280 | $63,000 | $85 | $945 | $1,030 |
$14,000 | $85 | $210 | $295 | $64,000 | $85 | $960 | $1,045 |
$15,000 | $85 | $225 | $310 | $65,000 | $85 | $975 | $1,060 |
$16,000 | $85 | $240 | $325 | $66,000 | $85 | $990 | $1,075 |
$17,000 | $85 | $255 | $340 | $67,000 | $85 | $1,005 | $1,090 |
$18,000 | $85 | $270 | $355 | $68,000 | $85 | $1,020 | $1,105 |
$19,000 | $85 | $285 | $370 | $69,000 | $85 | $1,035 | $1,120 |
$20,000 | $85 | $300 | $385 | $70,000 | $85 | $1,050 | $1,135 |
$21,000 | $85 | $315 | $400 | $71,000 | $85 | $1,065 | $1,150 |
$22,000 | $85 | $330 | $415 | $72,000 | $85 | $1,080 | $1,165 |
$23,000 | $85 | $345 | $430 | $73,000 | $85 | $1,095 | $1,180 |
$24,000 | $85 | $360 | $445 | $74,000 | $85 | $1,110 | $1,195 |
$25,000 | $85 | $375 | $460 | $75,000 | $85 | $1,125 | $1,210 |
$26,000 | $85 | $390 | $475 | $76,000 | $85 | $1,140 | $1,225 |
$27,000 | $85 | $405 | $490 | $77,000 | $85 | $1,155 | $1,240 |
$28,000 | $85 | $420 | $505 | $78,000 | $85 | $1,170 | $1,255 |
$29,000 | $85 | $435 | $520 | $79,000 | $85 | $1,185 | $1,270 |
$30,000 | $85 | $450 | $535 | $80,000 | $85 | $1,200 | $1,285 |
$31,000 | $85 | $465 | $550 | $81,000 | $85 | $1,215 | $1,300 |
$32,000 | $85 | $480 | $565 | $82,000 | $85 | $1,230 | $1,315 |
$33,000 | $85 | $495 | $580 | $83,000 | $85 | $1,245 | $1,330 |
$34,000 | $85 | $510 | $595 | $84,000 | $85 | $1,260 | $1,345 |
$35,000 | $85 | $525 | $610 | $85,000 | $85 | $1,275 | $1,360 |
$36,000 | $85 | $540 | $625 | $86,000 | $85 | $1,290 | $1,375 |
$37,000 | $85 | $555 | $640 | $87,000 | $85 | $1,305 | $1,390 |
$38,000 | $85 | $570 | $655 | $88,000 | $85 | $1,320 | $1,405 |
$39,000 | $85 | $585 | $670 | $89,000 | $85 | $1,335 | $1,420 |
$40,000 | $85 | $600 | $685 | $90,000 | $85 | $1,350 | $1,435 |
$41,000 | $85 | $615 | $700 | $91,000 | $85 | $1,365 | $1,450 |
$42,000 | $85 | $630 | $715 | $92,000 | $85 | $1,380 | $1,465 |
$43,000 | $85 | $645 | $730 | $93,000 | $85 | $1,395 | $1,480 |
$44,000 | $85 | $660 | $745 | $94,000 | $85 | $1,410 | $1,495 |
$45,000 | $85 | $675 | $760 | $95,000 | $85 | $1,425 | $1,510 |
$46,000 | $85 | $690 | $775 | $96,000 | $85 | $1,440 | $1,525 |
$47,000 | $85 | $705 | $790 | $97,000 | $85 | $1,455 | $1,540 |
$48,000 | $85 | $720 | $805 | $98,000 | $85 | $1,470 | $1,555 |
$49,000 | $85 | $735 | $820 | $99,000 | $85 | $1,485 | $1,570 |
$50,000 | $85 | $750 | $835 | $100,000 | $85 | $1,500 | $1,585 |
Commercial Property Permit Fees | |||||
|---|---|---|---|---|---|
Construction Cost | Fee | Construction Cost | Fee | Construction Cost | Fee |
$1,000 | $120 | $26,000 | $620 | $51,000 | $1,120 |
$2,000 | $140 | $27,000 | $640 | $52,000 | $1,140 |
$3,000 | $160 | $28,000 | $660 | $53,000 | $1,160 |
$4,000 | $180 | $29,000 | $680 | $54,000 | $1,180 |
$5,000 | $200 | $30,000 | $700 | $55,000 | $1,200 |
$6,000 | $220 | $31,000 | $720 | $56,000 | $1,220 |
$7,000 | $240 | $32,000 | $740 | $57,000 | $1,240 |
$8,000 | $260 | $33,000 | $760 | $58,000 | $1,260 |
$9,000 | $280 | $34,000 | $780 | $59,000 | $1,280 |
$10,000 | $300 | $35,000 | $800 | $60,000 | $1,300 |
$11,000 | $320 | $36,000 | $820 | $61,000 | $1,320 |
$12,000 | $340 | $37,000 | $840 | $62,000 | $1,340 |
$13,000 | $360 | $38,000 | $860 | $63,000 | $1,360 |
$14,000 | $380 | $39,000 | $880 | $64,000 | $1,380 |
$15,000 | $400 | $40,000 | $900 | $65,000 | $1,400 |
$16,000 | $420 | $41,000 | $920 | $66,000 | $1,420 |
$17,000 | $440 | $42,000 | $940 | $67,000 | $1,440 |
$18,000 | $460 | $43,000 | $960 | $68,000 | $1,460 |
$19,000 | $480 | $44,000 | $980 | $69,000 | $1,480 |
$20,000 | $500 | $45,000 | $1,000 | $70,000 | $1,500 |
$21,000 | $520 | $46,000 | $1,020 | $71,000 | $1,520 |
$22,000 | $540 | $47,000 | $1,040 | $72,000 | $1,540 |
$23,000 | $560 | $48,000 | $1,060 | $73,000 | $1,560 |
$24,000 | $580 | $49,000 | $1,080 | $74,000 | $1,580 |
$25,000 | $600 | $50,000 | $1,100 | $75,000 | $1,600 |
$90,000 | $1,920 | ||||
$100,000 | $2,100 | ||||
$150,000 | $3,100 | ||||
$300,000 | $6,100 | ||||
§ 365-31.1 Charges for consultant services established.
[Added 6-26-2018 by L.L. No. 3-2018]
A.
Referral. The Board of Trustees, the Planning Board, the Zoning Board of Appeals, the Architectural Review Board, and/or the Building Department, in the review of any application, may refer any such application presented to it for review and consultation to an engineering, planning, legal, technical or environmental consultant(s) or professional(s) as such board shall deem reasonably necessary to enable it to review such application as required by law. Charges made by such consultants shall be in accordance with charges usually made for such services in the metropolitan New York region or pursuant to an existing contractual agreement between the Village and such consultant. Charges incurred by the Village in utilizing Village employees shall be in accordance with the hourly rates upon which the employee’s actual salary is based including fringe benefits and reasonable overhead. All such charges shall be paid by the applicant on submission of a Village voucher.
B.
Reimbursement. The applicant shall reimburse the Village for the cost of such consultant services upon submission of a copy of the voucher. In the event that an application is required to be reviewed by more than one board, then, in such event and to the extent practicable, boards and departments shall use the same consultant, who shall, in such case, to the extent practicable, prepare one report providing data, information and recommendations requested. In all instances, duplications of consultants’ reports or services shall be sought to be avoided wherever practicable in order to minimize the cost of such consultants’ report or services to the applicant. The above fees are in addition to any and all other fees required by any other law, rule or regulation or the Village Code.
C.
Escrow accounts. At the time of submission of any application or thereafter, the reviewing board or department may require the establishment of an escrow account, from which withdrawals shall be made to reimburse the Village for the costs of consultant services. The applicant shall then provide funds to the Village for deposit into such account in an amount to be determined by the reviewing board based on its evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any Village voucher for such services as they are submitted to the Village. When the balance in such escrow account is reduced to 1/3 of its initial amount, the applicant shall deposit additional funds into such account to bring the balance up to the amount of the initial deposit. If such account is not replenished within 30 days after the applicant is notified, in writing, or the requirement of such additional deposit, the reviewing board may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit or certificate of occupancy or use shall not be issued unless all consultant services fees charged in connection with the applicant’s project have been reimbursed to the Village. After all pertinent costs, fees and charges under this section have been paid, the Village shall refund to the applicant any funds remaining on deposit.
D.
Collection of fees. All fees required pursuant to this chapter shall be collected by the Village Administrator Clerk of the Village of Babylon.
E.
Applicability. This chapter shall be applicable to the applications pending at the time it shall become effective, unless the reviewing board shall determine that its application would be impracticable, unfair or unjust in the particular circumstances. Where this chapter shall be applicable to a pending application, it shall, in such event, require an applicant only to pay for consultant services rendered after it shall have become effective.
§ 365-32 Site plan review.
A.
In all cases where this chapter requires submission of a site plan to the Village of Babylon, such site plan shall be submitted with and as a part of the application for a building permit to the Building Inspector by the applicant and thereafter referred by the Building Inspector to the Planning Board, or other reviewing agency which may be designated by the Village, for recommendations in connection therewith. No building permit shall be issued by the Building Inspector except in conformity with the approved site plan.
B.
In considering the site plan, the reviewing agency shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and may attach such conditions and safeguards as a prerequisite to approval of said plan as, in its opinion, will further the general purpose and intent of this chapter and be in harmony therewith.
C.
The detailed prints of the site plan, submitted in triplicate, drawn to scale, properly dimensioned, with the applicant, location and tax map and lot number identified, shall show, among other things:
(1)
The intended location and general size and description of the building or buildings, including ground floor area, lot coverage, height of building, number of stories and, in the case of a multiple dwelling, the number of dwelling units.
(2)
The site grading plan and first floor elevations of all buildings.
(3)
The stormwater drainage plan providing for the collection, storage and disposal of stormwater runoff.
(4)
The sanitary sewerage and water supply systems.
(5)
The landscaping, screen planting and fencing plan.
(6)
All setbacks and yard depths.
(7)
The location of all off-street motor vehicle parking facilities and means of ingress and egress.
(8)
The location of loading and unloading facilities, if a nonresidential building.
(9)
The methods of screening garbage and refuse storage facilities and exterior clothes-drying facilities.
D.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of § 305-6 of Chapter 305 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in § 305-7 of Chapter 305. The approved site plan shall be consistent with the provisions of this Chapter 305.
[Amended 4-8-2008 by L.L. No. 8-2008[1]]
[1]
Editor’s Note: The addition of this subsection renumbered former Subsection D as Subsection E.
E.
The applicant will build in accordance with the plans and specifications submitted and will comply with the provisions of the approved site plan. No certificate of occupancy will be issued and the premises may not be occupied until such compliance. The Planning Board, Building Inspector and/or Board of Appeals may, at its discretion, require the posting of a performance bond to insure compliance.
§ 365-33 Compliance with terms and conditions required.
A.
In connection with any variance, special exception or special permission granted by the Board of Appeals, no use granted thereby shall be commenced and no building or structure erected or altered pursuant thereto shall be used or occupied in whole or in part until all the terms, conditions and provisions upon which the variance, special exception or special permission was granted have been complied with in all respects and a certificate of occupancy shall have been issued by the Building Inspector. Every such certificate shall be issued subject to and in accordance with the decision of the Board of Appeals filed with the Village Clerk. The Building Inspector shall revoke any certificate of occupancy issued pursuant to this chapter upon his inspection and finding that any of the terms, conditions and provisions upon which the variance, special exception or special permission was granted have not been complied with, performed, observed or maintained.
B.
After obtaining special permission granted by the Board of Trustees, and whereas covenants and restrictions were issued and signed, any violation of the covenants and restrictions is hereby subject to revocation of the special permission granted, as well as the issuance of summonses and penalties outlined in §§ 365-57A and 365-57B.
[Added 6-23-2015 by L.L. No. 3-2015]
§ 365-34 Fees to be collected by Planning Board.
[Added 4-18-1974]
A.
The following fees shall be paid to and collected by the Planning Board:[1]
(1)
Special permission (decks, fences, circular drives, TV antennas): $50.
(2)
Site plan review (all districts): $250.
(3)
Site plan change: $100.
(4)
Subdivision of a parcel which is part of a filed map and requires no roads: $150.
(5)
Subdivision of property which includes condominiums (usually will require new roads, drainage systems, engineering drawings and detailed planning); public hearing required before formal subdivision plat is approved: $400.
(6)
Subdivision requiring Suffolk County planning review (extra fee): $50.