Centre Island Village
City Zoning Code
City Zoning Code
ARTICLE IX
Interpretation; Administration
§ 122-27 Interpretation.
This chapter shall be deemed to prescribe minimum requirements. Except for the amendments to the Building Zone Code herein provided for, this chapter shall not be deemed to amend, repeal or impair any requirement in any ordinance or law or in any deed restriction or covenant or in any other undertaking among private persons, but no provisions in any such ordinance, law, restriction, covenant or undertaking shall be deemed to justify noncompliance with any provision of this chapter.
§ 122-28 Building permits.
A.
It shall be unlawful for any person to commence work for the erection, alteration, construction, enlargement, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building, structure or any other construction (including without limitation satellite dishes over 18 inches in diameter), filling or grading or cause the same to be done without first obtaining a separate building permit from the Building Committee[1] for each such construction or work, except that no building permit shall be required for the performance of minor repairs.
[Amended 3-14-2001 by L.L. No. 8-2001]
[1]
Editor's Note: See Ch. 4, Building Committee.
B.
The Building Inspector shall issue a building permit only after approval by the Village Building Committee. A fee in the amount provided in the Code of the Village of Centre Island shall be paid to the Village by the applicant for a permit at the time of submitting his application for a permit.[2] No building permit shall be issued until the Building Inspector/Village Engineer has certified to the Building Committee that the proposed building or alteration complies with all provisions of this chapter.
[2]
Editor's Note: For current fee provisions, see Ch. 57, Fees.
C.
Issuance of building permit. The Village Building Committee shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. They shall approve or disapprove the application within a reasonable time.
D.
Performance of work under building permit.
(1)
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 six months after the date of its issuance. For good cause, the Village Building Committee may allow a maximum of two extensions for periods not exceeding three months each. Unless work is completed within a period of three years after the issuance of a building permit, application must be made for a new permit.
(2)
All work shall conform to the approved application, plans and specifications. Once construction has been commenced pursuant to a valid building permit, such work shall continue in a normal construction sequence. If at any time such construction is terminated for a continuous period of 30 days, the construction site shall be completely enclosed with a six-foot wire-mesh fence approved by the Village Building Inspector.
§ 122-29 Certificate of occupancy.
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter erected, changed, converted or enlarged, wholly or partly, in its use or structure (but not including the making of minor alterations in such building) until a certificate of occupancy therefor shall have been issued by the Building Committee.[1] Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. It shall be the duty of the Building Committee to issue a certificate of occupancy as promptly as practicable and in any case within 10 days after an application for such a certificate shall have been filed in the Village office by an owner, after having determined that the building and premises and the proposed use thereof conform with all the requirements of this chapter and of the Building Code of the Village. Each application for a certificate of occupancy shall be accompanied by a fee in the amount required by the Code of the Village of Centre Island.[2]
[1]
Editor's Note: See Ch. 4, Building Committee.
[2]
Editor's Note: For current fee provisions, see Ch. 57, Fees.
§ 122-30 Revocation of building permits; stop orders.
The Building Committee may revoke a building permit heretofore issued and approved in the following instances:
A.
Where it finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was issued.
B.
Where it is found that the building permit was issued in error and should not have been issued in accordance with the applicable law.
C.
Where it is found that work performed under the permit is not being carried on in accordance with the provisions of the application, plans or specifications.
D.
Where the person to whom a building permit has been issued fails or refuses to comply with the stop order issued by the Building Committee.
E.
Where the Building Inspector/Village Engineer or Building Committee has reasonable grounds to believe that the work on any building or structure is being carried on in violation of the provisions of this chapter; a stop-work order shall be issued immediately.
§ 122-31 Site development plan approval.
A.
Except for dwellings and uses and structures accessory to dwellings, no use shall be permitted unless and until site development plan approval has been obtained pursuant to the provisions of this section.
[Amended 10-8-1997 by L.L. No. 4-1997]
B.
Except for dwellings and uses and structures accessory to dwellings, no building permit shall be issued and no structure or use shall be established except in conformity with site development plan approval procedures set forth herein and no certificate of occupancy for such structure or use shall be issued until all the requirements of such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure.
[Amended 10-8-1997 by L.L. No. 4-1997]
C.
Application for site development plan approval.
(1)
An application for site development plan approval shall be made to the Planning Board and filed in three copies with the Village Engineer and shall be accompanied by a detailed development plan prepared by a legally qualified individual or firm, such as a registered architect or professional engineer, which plan shall contain the following information:
(a)
A map showing the applicant's entire property and adjacent properties and streets, at a convenient scale.
(b)
The proposed location of all parking and loading areas, with access and egress drives thereto.
(c)
The location of any outdoor storage.
(d)
The location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences.
(e)
A description of the method of water supply and sewage disposal and the location of such facilities.
(f)
The location and size of all signs.
(g)
The location and design of landscaping and buffer areas.
(h)
The location and design of lighting, power and communication facilities.
(i)
Any other pertinent information as may be necessary to determine and provide for the proper enforcement of this chapter.
(2)
An application fee shall be paid with each application.[1] The Planning Board may, in its sole discretion, waive compliance with any or all of the requirement of this section. Within 30 days of the receipt of an application, the Planning Board shall make a determination approving, disapproving or approving with modifications.
[1]
Editor's Note: For current fee provisions, see Ch. 57, Fees.
D.
Standards for site development plan approval. In acting on any site development plan application, the Planning Board shall take into consideration the recommendations of the Village Development Plan, the proposed location, height and bulk of buildings, traffic circulation within and without the site, provisions of off-street parking space, exterior lighting, buffer areas and other open space and the display of signs, so that any development will have a harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system. Where determined appropriate, the Planning Board may request advisory reports from the Village Engineer, the Nassau County Department of Health or the Nassau County Planning Commission.
E.
Planning Board initiative. The Planning Board may, of its own initiative, propose a general or specific site plan for a particular area where site development plan approval may be required in the future, using as a guide the requirements of this chapter.
§ 122-32 Enforcement.
It shall be the duty of the Building Inspector, and he hereby is given the authority, to oversee and enforce the provisions of this chapter. The Building Inspector/Village Engineer, in the discharge of his duties, with notice, shall have the authority to enter any building or premises at any reasonable hour.
§ 122-33 Penalties for offenses.
A.
Any owner, lessee, contractor or agent or other person who uses or maintains or causes to be used or maintained any building or premises or any part thereof in the Village for any purpose other than uses permitted therefor in this chapter, who erects, enlarges, alters or maintains or causes to be erected, enlarged, altered or maintained any building or any part thereof in the Village except in conformity with the provisions in this chapter or who uses or maintains or causes to be used or maintained any building or any part thereof in the Village which has been erected, enlarged or altered other than in conformity with the provisions of this chapter or who in any manner violates or causes to be violated any provision of this chapter, on conviction, shall be subject to a fine of not more than $500 for each violation, in default of payment of which an individual violator shall be subject to imprisonment for a term not exceeding one day for each $10 of such fine which remains unpaid.
B.
If any such person fails to abate any such violation of this chapter within five calendar days after written notice has been served personally upon said person or within 10 days after written notice has been sent to said person, by certified mail, at said person's home or business address, said person shall be subject to a civil penalty of $500 for each day and every day that said violation continues, recoverable by suit brought by the Village.
C.
Any said violation of this chapter may also be enjoined pursuant to law.
D.
The remedies provided for herein shall be cumulative and shall be in addition to any other remedies provided by law.