Kensington City Zoning Code
ARTICLE VI
Administrative Provisions
§ 151-23 Interpretations; purpose.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and as not interfering with, abrogating or annulling any easements, convenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction or limitation upon the use of buildings, premises or lots or upon the height and size of buildings or requires larger yards or other open spaces than are imposed or required by existing provisions of law or ordinances or by easements, covenants or agreements, the provisions of this chapter shall control.
§ 151-24 Application for building permit.
A.
Before the construction or alteration of any building or any part of a building is commenced, the person causing such construction or alteration to be done, or his agent, or the architect or builder employed in connection with the proposed construction or alteration, shall file in the office of the Village Clerk, addressed to the Board of Trustees of the village, an application for a permit to construct or alter. Such application shall contain a statement of the full name and residence of each of the persons having an interest as owner, tenant or otherwise and of the use to which the building is to be put and such other information as the Board of Trustees may require. Said application shall be in duplicate and shall be sworn to before a notary public or commissioner of deeds and shall be accompanied by such plans and drawings and such a diagram of the lot, showing the exact location of the existing and proposed buildings, as will enable the Building Inspector to determine whether the proposed construction or alteration and use conform to the provisions of this chapter.
B.
Any property owner may file preliminary plans of a proposed building or structure prior to the filing of detailed plans there for, and such plans may be tentatively approved subject to the submission and filing of the complete plans, drawings, diagram and other data herein provided for.
[Amended 5-19-2004 by L.L. No. 4-2004]
C.
All applications, statements, plans and detailed drawings required by this chapter shall be presented to and kept on file in the office of the Village Clerk. Nothing in this chapter shall prohibit the filing of amendments to any application at any time before the completion of the work for which the permit was sought, and such amendments, after approval by the Building Inspector, shall be made part of the application and filed as such. Such amendments shall be made in the same form and manner as the original application and shall be accompanied by similar plans and drawings relative to the changes proposed.
[Amended 5-19-2004 by L.L. No. 4-2004]
D.
No person other than the owner in fee of the land shall make any such construction or alteration without having first filed with the Board of Trustees a statement in writing accompanying the application to build or alter, which statement shall give the full name and residence of the owner of the land, building or proposed building, structure or proposed structure and shall recite that he is duly authorized to perform said work.
§ 151-25 Permit fee.
[Amended 3-21-1990 by L.L. No. 3-1990]
Upon filing an application for a building permit, the applicant shall pay to the Village the fees provided in a schedule of fees adopted by resolution of the Board of Trustees and on file in the office of the Village Clerk, which shall cover the issuance of a building permit and the issuance of a certificate of occupancy and which shall in no event be returned in whole or in part.
§ 151-25.1 Fee for applications to Village Boards.
[Added 12-21-2016 by L.L. No. 2-2017]
On all applications to the Board of Trustees, the Board of Appeals and/or the Planning Board, the applicant shall be liable for and shall pay the following costs which may be incurred by the Village in processing the application:
§ 151-26 Examination and approval of application.
A.
All applications for a building permit shall be examined by the Building Inspector. He shall endorse thereon or state in an accompanying memorandum whether or not the application complies with the requirements of this chapter, the Building Code[1] and other applicable ordinances or statutes.
B.
The Building Inspector may also require the submission of such additional plans, information, soil or foundation tests and data as he may deem necessary in enabling him to act upon the application. All of such material shall be filed with and deemed part of the application.
C.
In the case of an apartment house, a church or place of worship, a school, a place of public assembly or other construction involving special problems or special consideration, the Board of Trustees may retain a special architect or engineer to examine the application and confer with the applicant's architect and submit the report thereon. The Building Inspector may act on the basis of such report and, meanwhile, may suspend action on the application.
D.
If the Building Inspector determines that the application does not comply with the applicable requirements, he shall enumerate his objection and send a copy to the applicant.
E.
When the Building Inspector has determined that the application complies with all of the applicable requirements, he shall approve the application and note his approval in the file. Such approval shall cover the entire building or structure.
[Amended 5-19-2004 by L.L. No. 4-2004]
F.
Every such approval shall, before a building permit is issued, be subject to review by the Board of Trustees, if the Board so desires, and if the Board's determination differs from that of the Building Inspector, the approval of the Building Inspector shall be vacated and the matter remitted to the Building Inspector for such action as the Board may direct.
G.
Prior to the issuance of a building permit to erect an accessory structure, the property owner must request the Great Neck Water Pollution Control District to determine the actual location of the sewer line within the Village's reserve strip. Notwithstanding anything in this chapter to the contrary, the accessory structure shall be set back no less than six feet from the actual sewer line.
[Added 5-19-2004 by L.L. No. 4-2004.]
§ 151-27 Issuance of building permit.
A.
When the application has been approved by the Building Inspector, or, in case of a review by the Board of Trustees, when the application has been reviewed by the Board of Trustees, a building permit shall be issued for the construction or work so approved.
B.
Every building permit shall be issued by the Board of Trustees. The Board may, however, in particular cases or in particular classes of cases, or generally, empower the Building Inspector or such other officer as the Board may designate to issue building permits in its name and on its behalf.[1]
[1]
Editor's Note: Former Subsection C, regarding permits covering part of a building or structure, which immediately followed, was repealed 5-19-2004 by L.L. No. 4-2004.
§ 151-28 Expiration of permit; renewal or extension.
[Amended 4-30-2003 by L.L. No. 9-2003; 9-21-2011 by L.L. No. 5-2011]
A.
Any building or other permit issued under the provisions of this chapter under which no work is commenced within three months from the date of its issuance shall expire by limitation. The permit may be reinstated upon application to the Board of Trustees upon good cause shown and subject to conditions that the Board of Trustees deems appropriate.
B.
Expiration of permit.
[Amended 1-21-2015 by L.L. No. 1-2015]
(1)
Any such permit shall expire one year from the commencement of work, except as set forth in Subsection B(2) below, and all exterior construction, site restoration, and landscaping shall be completed within that one-year period unless the permit is renewed.
(2)
Any such permit for construction of a new house shall expire 18 months from the commencement of work, and all exterior construction, site restoration, and landscaping will be completed within that eighteen-month period, unless the permit is renewed.
C.
Renewal of permit. A permit may be renewed beyond its original term by application to the Building Department and payment of applicable fees as set forth in Subsection C(1) and ( 2) below. A second renewal will not be issued unless approved by the Board of Trustees as set for in Subsection C(3) below.
[Amended 10-15-2014 by L.L. No. 7-2014; 3-10-2021 by L.L. No. 1-2021]
(1)
First renewal: renovation or addition. A permit for a renovation or addition may be renewed for a six-month period of time, provided the applicant renews the permit prior to its expiration and pays a fee equal to 60% of the original permit fee. The applicant must file an application with the Building Department outlining the reasons for the delay in construction and further providing a construction timeline for the remaining work to be completed. The applicant must also schedule an inspection with the Building Inspector to inspect the premises and the progress of the construction. The permit will not be renewed unless the applicant has demonstrated good cause for the delay. If the Building Inspector determines that the applicant has not demonstrated good cause for the delay, the application for renewal will be referred to the Board of Trustees for further review and consideration. If the application is referred to the Board of Trustees, the Building Inspector will provide a report to the Board of Trustees outlining the construction status and the estimated time needed to complete the project. After review of the renewal application and the Building Inspector's report, the Board of Trustees will determine in its sole discretion whether to grant the renewal or revoke the permit.
(2)
First renewal: new construction. A permit for new construction may be renewed for a nine-month period of time, provided the applicant renews prior to its expiration and pays a fee equal to 60% of the original permit fee. The applicant must file an application with the Building Department outlining the reasons for the delay in construction and further providing a construction timeline for the remaining work to be completed. The applicant must also schedule an inspection with the Building Inspector to inspect the premises and the progress of the construction. The permit will not be renewed unless the applicant has demonstrated good cause for the delay. If the Building Inspector determines that the applicant has not demonstrated good cause for the delay, the application for renewal will be referred to the Board of Trustees for further review and consideration. If the application is referred to the Board of Trustees, the Building Inspector will provide a report to the Board of Trustees outlining the construction status and the estimated time needed to complete the project. After review of the application for renewal and the Building Inspector's report, the Board of Trustees will determine in its sole discretion whether to grant the renewal or revoke the permit.
(3)
Second renewal: all permits. A second renewal for a renovation, addition or new construction permit will not be issued unless the applicant and contractor have demonstrated an excusable delay that is out of the applicant and contractor's control. The applicant must file an application with the Building Department prior to the expiration of its first renewal term outlining the reasons for the delay in construction and further providing a construction timeline for the remaining work to be completed. The applicant must also schedule an inspection with the Building Inspector to inspect the premises and the progress of the construction. The Building Inspector will provide a report to the Board of Trustees outlining the construction status and the estimated time needed to complete the project. After review of the renewal application and the Building Inspector's report, the Board of Trustees will determine in its sole discretion whether to grant the renewal or revoke the permit. If the permit is renewed, the Board of Trustees will determine the amount of the permit fee based on the findings outlined in the Building Inspector's report.
(4)
Existing permits. For existing permits that were issued prior to the adoption of this legislation[1] that have never been renewed, the applicant may request a renewal under Subsections C(1) and (2) above. For existing permits that have been renewed one time, an applicant may request a second renewal as set forth in Subsection C(3) above. For existing permits that have been renewed more than one time, no further renewals may be requested, and the permit will expire at the end of the renewal term.
[1]
Editor's Note: "This legislation" refers to L.L. No. 1-2021, adopted 3-10-2021.
§ 151-29 Location survey; further information.
The Building Inspector may, and ordinarily will, require a location survey after the foundation has been installed, and, in such case, may require that the work be suspended until such location survey has been furnished. The Building Inspector may also require such additional surveys or additional plans, information, soil or foundation tests and data during the progress of the work as he may deem necessary or helpful in order to determine compliance with the applicable requirements.
§ 151-30 Stopping work.
If the Building Inspector shall at any time during the progress of the work find and determine that the work does not comply with the requirements of this chapter or any other applicable ordinances or of the building permit issued, the Building Inspector may require that the work be stopped and may also require the applicant to remove and replace and correct any work which does not so conform. If the work is stopped, no further work shall be performed unless and until the Building Inspector or the Board of Trustees shall so direct.
§ 151-31 Review by Board of Trustees.
In the case of work stopped by the Building Inspector, the Building Inspector shall report the facts to the Board of Trustees at the next meeting of the Board and shall inform the applicant that he has the right to appear before the Board. At such meeting or at any meeting thereafter, the Board of Trustees may, in its discretion, confirm the action of the Building Inspector or permit the work to continue or take such other action as the Board may deem just and proper in the circumstances.
§ 151-32 Revocation of permit.
The Board of Trustees may also revoke any permit or approval issued under the provisions of this chapter in case the permit or approval is based on any false statement or any misrepresentation as to a material fact in the application.
§ 151-33 Restoration of premises.
In case of the expiration or revocation of a permit, the owner shall forthwith on demand restore the premises to their condition prior to the application for the permit, including the demolition of any construction and the filling in of the excavation to grade. In case of the failure of the owner so to do, the Village may do the work for the account of the owner by contract or with Village workmen and assess the cost thereof, including supervision, against the property.
§ 151-34 Certificate of occupancy.
A.
It shall be the duty of the Clerk of the Village or such other person as may be designated by the Board of Trustees to issue a certificate of occupancy within 10 days after a request for the same shall be filed at his office by any owner of a building or premises, provided that the Building Inspector shall be satisfied that said building or premises or part thereof conforms to, the approved plans and all the requirements herein contained, and provided that the architect, engineer or superintendent of construction in charge of the work shall certify that said building or premises or part thereof has been so completed and the proposed uses thereof are in conformity with the approved plans and with the provision of this chapter and of the Building Code.[1] In the case of a new construction and in any other case where the Building Inspector requires it, a location survey shall be furnished before a certificate of occupancy is issued.[2]