Brookhaven City Zoning Code
Article
II Building Permits and Certificates of Occupancy
§ 85-11 Enforcement official.
It shall be the duty of the Chief Building Inspector and/or his designee and he and/or his designee are hereby given the power and authority to administer and enforce this chapter. No building permit or certificate of occupancy shall be issued by him except where the provisions of this chapter have been complied with.
§ 85-12 Issuance of building permits and universal design permit to build; restrictive covenants.
[Amended 10-1-2015 by L.L. No. 18-2015, effective 10-15-2015; 9-13-2018 by L.L. No. 24-2018, effective 9-24-2018; 11-18-2021 by L.L. No. 21-2021, effective 11-30-2021]
A.
No building or structure shall be erected, altered or maintained until a building permit or universal design permit therefor has been issued by the Chief Building Inspector. All applications for such permits shall be in accordance with the requirements of this chapter, and, except upon written order of the Board of Appeals, no such building permit, universal design permit or certificate of occupancy shall be issued for any building or structure where said construction or alteration or use thereof would be in violation of any of the provisions of this chapter.
B.
A building permit shall not be required for minor repairs to existing plumbing systems. When accessory to one- and two-family dwellings, a building permit shall not be required for the following, so long as same are located in a conforming location:
(1)
Detached residential storage sheds not greater than 144 square feet and conforming to the provisions of § 85-190;
(2)
Decks, patios and walkways not above grade greater than eight inches at any point, constructed of any material;
(3)
Gazebos not greater than 144 square feet and with walls no higher than 36 inches;
(4)
Trellises, pergolas and arbors not greater than 144 square feet.
C.
All in-ground irrigation systems installed for residential, commercial, industrial uses, and which are subject to a plumbing permit, shall require a rain sensor.
D.
With respect to all premises located in any residential, business, industrial or multiple-residence zone, the applicant shall furnish the Building Division with a copy of any restrictive covenant in favor of the Town affecting such property. If there is no restrictive covenant affecting the premises, the applicant shall furnish an affidavit to that effect. Any false statement, intentional or unintentional, may subject the building permit or the certificate of occupancy, if one has been issued, to immediate revocation if the premises in any way violates the terms and conditions of the restrictive covenant. The term "restrictive covenant" shall mean a covenant executed by the present owner of the property or a predecessor in title in favor of the Town but shall not mean covenants executed between private parties.
§ 85-13 Information to be submitted with building permit application or universal design permit application or solar energy fast-track permit application.
A.
There shall be submitted with every application for a building permit or universal design permit four copies of a survey, prepared by a registered land surveyor, of the proposed building plot with respect to any construction, alteration or use having a cost in excess of $2,000, showing the following information:
(1)
The proposed structure, showing front, side and rear yards.
(2)
The elevation of the first floor in relation to the existing street elevation.
(3)
The location and number of the two nearest utility poles.
(4)
The total area of the plot and the dimensions of the plot indicated by metes and bounds.
(5)
The total area of the proposed building or structure, including area of all floors listed separately.
(6)
The distance of the plot from the nearest intersecting street.
(8)
Use district classification.
(9)
The name and address of the surveyor.
B.
Solar energy fast-track permit application.
(1)
There shall be submitted with every application for building permits for the installation of solar electric panels and solar hot water installations:
(a)
On a residential building or structure or legal accessory structure in all residence districts; and
(b)
On a roof with a single layer of roof covering; and
(c)
Which are flush-mounted parallel to the roof surface no more than six inches above the surface; and
(d)
Which have an eighteen-inch clearing at the roof ridge provided along at least one side of the roof ridge on either the same side as the solar equipment or on another side of the ridge that does not have solar equipment on it and an eighteen-inch clearing path to the ridge provided from at least one eave or gutter connecting to that eighteen-inch roof ridge clearing; and
(e)
Which create 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); and
(f)
Which are installed by prescreened contractors; and
(g)
Which use PV panels that have been certified by a nationally recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703 and inverters must be on a list of NYS Public Service Commission type-tested inverters which are tested by either UL or other nationally recognized laboratories to conform with UL 1741; and
(h)
Which use RSHW equipment that has been certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors; and
(i)
Which use equipment such as modules, combiner boxes and a mounting system that have been identified for use in grid-tied PV systems; and
(j)
Which is in full compliance with all current National Electric Code (NEC) requirements; and
(k)
Which include a sign on the utility meter and at an alternating current (AC) disconnect switch indicating that there is an operating electric co-generation system on site.
(2)
The following shall be submitted with solar energy fast-track permit applications:
(a)
The Solar Energy Fast Track Permit Application Requirements Checklist; and
(b)
Three sets of plans which shall include:
[2]
Sheet index indicating each sheet title and number; and
[3]
Legend for symbols, abbreviations and notations used in the drawings; and
[4]
Configuration diagrams prepared by a professional engineer or registered architect which are sketched (hand-drawn or better) as follows:
[5]
Property survey if the system is proposed for an accessory structure.
(c)
Solar Energy System Fast Track Permit Application Information Sheet; and
(d)
Payment of the fees as established by Town Board resolution.
[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]
(3)
Upon receipt of a solar energy fast-track permit application, the Chief Building Inspector shall:
(a)
Notify the Historic District Advisory Committee if the subject property is located within an historic district, which shall meet and make a determination on said application within 14 days of receipt of same; and
(b)
Make a determination within 14 days of receipt of a complete application; and
(c)
Maintain a list by address of all solar energy installations, to be shared with the applicable first-responder organizations; and
C.
In areas where grades are established, grades shall be shown as United States Coast and Geodetic Survey datum. In all other areas, grades may be shown in an assumed datum.
D.
The Chief Building and Zoning Inspector or the Planning Board, or both, may require the applicant to submit such additional information as may be necessary to determine whether or not the building permit or universal design permit or solar energy fast-track permit application should be issued.
E.
A fee in the sum of $50 shall be paid to the Planning Division simultaneously with the filing of an application for a building permit or universal design permit for review of any proposed one-family or two-family residential building permit or universal design permit application.
F.
One copy of such plot plan shall be returned when approved by the Building Inspector, and the building permit or universal design permit or shall be issued to the applicant upon the payment of the required fee.
§ 85-14 Foundation permits.
A.
The Chief Building Inspector is hereby authorized to issue building permits for the installation of foundations, inclusive of the minimum necessary clearing and excavation therefor, for any premises which is the subject of a valid final conditional site plan approval for nonresidential development, subject to the following requirements:
(1)
Construction plans approved by the Chief Building Inspector.
(2)
Fire prevention permit(s) for the ultimate structure/building in accordance with the provisions of Chapter 30, Fire Prevention, of the Code.
(3)
Authorization for construction access from the agency having jurisdiction over proposed point of access.
(4)
Clearing, grading and ground disturbance shall be limited to the minimum necessary for the installation of the foundation(s).
(5)
Satisfaction of any condition(s) of the Planning Board's grant of final conditional approval that pertains to building location, on-site grading, clearing or ground disturbance in the immediate vicinity of the proposed building.
B.
Application(s) shall include the following information and/or documents:
(1)
An application form as may be designated by the Commissioner of the Department of Planning, Environment and Land Management.
(2)
Site plan depicting building foundation location, clearing limits, grading or ground disturbance, proposed construction access point, construction driveways, staging areas and any other information reasonably deemed necessary by the Commissioner of the Department of Planning, Environment and Land Management.
(3)
Submission of a copy of the current tax bill for the subject property and all certificates of occupancy or equivalents for all existing buildings, structures or use(s).
(4)
Certificate of indemnity.
(5)
Suffolk County Department of Health Services permit, highway work permits from New York State Department of Transportation and/or Suffolk County Department of Public Works, and other applicable permit(s) required by law or regulation.
(6)
Payment of the following fees:
(a)
Application fee. Payment of application, inspection, recreation, excess material removal permit fees as established by Town Board resolution.
[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]
(b)
Additional site plan inspection and additional building permit fees in the event that any clearing, grading, or ground disturbance not authorized by the foundation permit occurs.
C.
Expiration of foundation permit. All foundation permits shall expire 120 days from the date of grant. The Commissioner of Planning, Environment and Land Management may authorize an extension of said permit for a period not to exceed 60 days from the date of expiration thereof; the Planning Board, in its sole discretion, may grant an additional sixty-day extension where compelling circumstances are demonstrated to the Board's satisfaction.
§ 85-15 Certificates of occupancy.
A.
No land shall be occupied or used and no building or structure hereafter erected or altered shall be used or changed in use until a certificate of occupancy shall have been issued by the Chief Building Inspector, stating that the building or structure or proposed use thereof complies with the provisions of this chapter. Before a certificate shall be issued for any construction or alteration or use, there shall be submitted to the Building Inspector the affidavit required under § 16-4 of the Code of the Town of Brookhaven and a survey prepared by a registered land surveyor showing the following information:
[Amended 5-13-2021 by L.L. No. 8-2021, effective 5-27-2021]
(1)
The actual dimension of the lot and the location on the lot of the buildings and structures thereon.
(2)
The elevation of the first floor (lowest livable area) and of the garage floor related to existing street elevation.
(3)
Where established grade was given with the permit, all elevations, including established street elevations, shall be shown in United States Coast and Geodetic Survey datum.
(4)
A final survey prepared by a licensed surveyor with original seal or stamp showing the construction or alteration as built, except:
(a)
A final survey is not required for the installation of roof-mounted photovoltaic panels on a one- or two-family dwelling.
(b)
The Chief Building Inspector shall have the discretion to waive this requirement for interior alterations to a one- or two-family dwelling, accessory structures attached to a one- or two-family dwelling, including but not limited to decks, porches, pergolas, and sunrooms, and other Improvements to a one- or two-family dwelling that do not result in an increase in the footprint of the principal structure so long as the Chief Building Inspector, or her/his designee, has verified same in the field during an inspection, and subject to the written concurrence of the Commissioner of Planning, Environment and Land Management.
B.
All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within 10 days after the erection or alteration shall have been approved.
C.
The Chief Building Inspector shall maintain a record of all certificates, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building, structure or premises affected.
§ 85-16 Certificates of existing use.
A.
Intent. The Town Board recognizes that certain structures exist in the Town of Brookhaven which were erected prior to the adoption of the Zoning Code in 1937 and, therefore, do not have certificates of occupancy. The Town Board also recognizes that other structures were erected between 1937 and June 30, 1959, when records of the Building Division were destroyed, and, therefore, no certificates of occupancy are available for these structures. The Town Board further recognizes that, prior to 1984, Fire Districts and the Town of Brookhaven were not required to obtain building permits and thus did not receive certificates of occupancy or their equivalent. As it is in the public interest to provide the Town of Brookhaven and Fire Districts with the ability to expand or otherwise receive required approvals for preexisting and new structures, the Town Board makes the provisions for same in Subsection E below. It is the intent of this section to develop a simplified procedure to authorize the Chief Building Inspector to issue certificates of existing use for these structures, upon the presentation of the proof required below.
B.
Existing one-family residences and accessory structures. No existing one-family residential dwelling, use and/or accessory structure shall be maintained or occupied without a certificate of existing use having first been issued by the Chief Building Inspector.
C.
Nonconforming structures or uses other than one-family dwellings. No nonconforming use or structure other than that for a sole single-family dwelling on a single lot shall be maintained or renewed without a certificate of existing use having first been issued by the Chief Building Inspector after a public hearing and approval by the Zoning Board of Appeals.
D.
Procedure for issuance of certificates of existing use.
(1)
The Chief Building Inspector shall cause an examination to be made of the records of the Building Division to determine if any records are on file relating to the subject application.
(2)
The Chief Building Inspector shall cause a physical inspection to be made of the premises to verify the approximate date(s) of construction of the structure(s).
(3)
An application for a certificate of existing use shall be accompanied by one or more forms of proof of the date of construction and/or erection of the structures. These proofs shall include one or more of the following:
(a)
Owner affidavit affirming the applicant's claims.
(b)
Assessor's records showing the date the property was improved.
(c)
Tax search certified by a licensed New York State title insurance or abstract company showing the date the property was improved.
(d)
Utility bills/tax bills.
(e)
Original surveys showing improvements on the site.
(f)
Dated newspaper advertisements, photographs or similar proofs establishing the date of improvements or other proofs as to the existence of the structure; or such other proofs as the Chief Building Inspector or Zoning Board of Appeals shall deem appropriate, upon review by the Town Attorney.
E.
Issuance of certificates of existing use or their equivalent for Town of Brookhaven and Fire Districts municipal buildings.
(1)
Structures built prior to January 1, 1984.
(a)
For those structures built prior to January 1, 1984, to receive a certificate of existing use or its equivalent, in addition to any construction documents which may be required by the Chief Building Inspector, the Town of Brookhaven or Fire District will have to provide proof of the structure's existence prior to January 1, 1984. Such proof may be provided in the form of two affidavits or such verified documentation attesting to the structure's pre-January 1, 1984, existence. Such documentation or other proof to be supplied to the satisfaction of the Chief Building Inspector or his designee.
(2)
Structures built between January 1, 1984, and January 1, 2003.
(a)
For those structures built between January 1, 1984, and January 1, 2003, to receive a certificate of existing use or its equivalent, in addition to any construction documents which may be required by the Chief Building Inspector, the Town of Brookhaven or the Fire District will have to provide proof from a design professional that these structures were in compliance with the New York State Uniform Fire Prevention and Building Code which existed at the time the structure was built. Such proof may be provided in the form of two affidavits or such verified documentation attesting to the structure's date of construction/completion and compliance with the aforementioned code existing at that time. Such documentation or other proof to be supplied to the satisfaction of the Chief Building Inspector or his designee.
(3)
Structures built on or after January 1, 2003, shall be required to conform and comply with current New York State Uniform Fire Prevention and Building Code standards at the time of the building permit application.
§ 85-17 Letters of correction.
The Chief Building Inspector is hereby authorized to issue letters of correction to certificates of occupancy so long as based on reliable evidence similar to that required for a certificate of existing use demonstrating that the subject structure(s) complied with the requirements applicable at the time the certificate of occupancy was issued.
§ 85-18 Temporary use of second home.
A.
The Chief Building Inspector of the Building Division is hereby authorized to issue a temporary permit to allow for the continued occupancy of an existing single-family residence during the construction of a new single-family residence on the same lot.
B.
Said temporary permit shall not exceed a maximum period of one year and shall automatically be revoked upon the issuance of a certificate of occupancy for the newly constructed residence.
C.
The Chief Building Inspector shall require the posting of a bond, in satisfactory form, in order to guarantee the demolition of the existing residence upon the completion of the proposed residence.
D.
The Chief Building Inspector shall also be empowered to require additional conditions in order to assure compliance.
E.
Upon issuance of said temporary permit, the Chief Building Inspector is authorized to issue the building permit for the new single-family residence.