Malverne City Zoning Code
ARTICLE V
Applications and Permits
§ 600-5.0 Building permits.
A.
No building or structure shall be erected, enlarged, extended, altered, reconstructed, demolished, or moved until a building permit therefor has been approved by the Superintendent of Buildings and issued by the Village Clerk.
B.
Every application for a building permit shall be in duplicate and sworn to by the applicant authorized, in writing, by the owner and shall be filed with the Superintendent of Buildings.
C.
Such application shall be accompanied by an existing survey, two copies of plans for any building or structure and plot plan, together with two copies of specifications for the construction covered by the application.
D.
Said plan for any building or structure and said plot plan shall be drawn to scale by an architect or professional engineer licensed to practice in the State of New York and his or her seal affixed thereto; provided, however, that said plan for any building or structure and said plot plan need not be drawn by such an architect or engineer if the application is for a permit for the alteration or extension of a building or structure and the Superintendent of Buildings finds, and so endorses on the plan for such building or structure and the plot plan, that the proposed construction would not affect the structural safety of the building or the safety of the occupants thereof.
E.
Said plan for such building or structure and said plot plan shall show exactly the following:
(1)
The lines, angles and dimensions of the lot.
(2)
The location and dimensions of any existing building or structure, including any porch or accessory building on the lot.
(3)
The lines within which any proposed building or structure, including any porch or accessory building, is to be erected, showing all setback lines.
(4)
The existing and intended use of each building or structure or part thereof, including the number of dwelling units.
(5)
The location, dimensions, surfacing and grades of any existing and proposed automobile parking area and spaces.
(6)
The location, widths, grades and surfacing of existing and proposed driveways leading to such parking area and spaces.
(7)
Such other information as may be prescribed as necessary by the Superintendent of Buildings for proper determination and enforcement.
F.
Upon approval of the application, one copy of such plan for the building(s) or structure(s), plot plan and specifications shall be returned to the applicant, and the other copy shall be filed with the Superintendent of Buildings.
G.
At all times while the work is in progress, the building permit shall be attached to or be visibly displayed on the front door or a front window of the building or structure.
H.
Building permit approval shall automatically terminate one year after the building permit is issued unless there is physical evidence to demonstrate that substantial construction has taken place and is continuing. Upon application to the Superintendent of Buildings, and submission of an application fee, which shall be set from time to time by resolution of the Board of Trustees, the building permit approval may be extended for two additional six-month periods, if the Superintendent of Buildings determines, in his sole discretion, that there is evidence to demonstrate that substantial action has been taken in connection with the proposed construction or development and such is continuing. The Board of Trustees may, upon written application, extend the building permit approval for additional one-year terms upon finding, in its sole discretion, that there is evidence to demonstrate that substantial action continues to be taken in connection with the proposed construction or development and such is continuing or for just cause. No extension shall be granted by the Board of Trustees unless applicant has paid an extension fee in an amount set by the Board of Trustees.
§ 600-5.1 Certificates of occupancy. [1]
A.
A certificate of occupancy, or certifying compliance with this chapter, shall be required before any building or structure shall be occupied or used. Such certificate shall be issued only after approval by the Superintendent of Buildings of:
B.
Written application for a certificate of occupancy or certificate of compliance shall be made to the Superintendent of Buildings by an applicant authorized in writing by the owner. If the proposed use is in all respects in conformity with the provisions of this chapter and all other applicable laws and ordinances, said certificate shall be issued by the Superintendent of Buildings.
(1)
Written application for such certificate for a building shall be made at the same time as the application for the building permit for such building.
(2)
Upon the request of the Superintendent of Buildings, and prior to the issuance of a certificate of occupancy, or certificate of compliance, there shall be filed with the Village Clerk an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work for which the certificate of occupancy or certificate of compliance is sought. This affidavit shall state that the affiant has examined the approved plans of the structure for which the certificate of occupancy, or certificate of compliance is sought, and that the structure has been erected in accordance with the approved plans.
(3)
No building or structure for which a certificate of occupancy, or a certificate of compliance, is required under the provisions of this section or any other provision of law, or of this or any other regulations, local law or rule of the Village, shall be used or occupied until the Superintendent of Buildings has issued a certificate of temporary use therefor, or, in the event of his refusal to issue same for reasons of safety, until the issuance of the certificate of completion or certificate of occupancy required by this section. The Superintendent of Buildings is hereby authorized to issue any such certificate of temporary use, or a temporary certificate of occupancy, if, in the opinion of the Superintendent of Buildings, such certificate would not expose any person to such hazards during completion of construction as to endanger the life, health or safety of any such person, provided that the duration of such certificate of temporary use or temporary certificate of occupancy shall not exceed six months. The Superintendent of Buildings may extend the certificate of temporary use or the temporary certificate of occupancy for up to six months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the Village relating to the use or occupancy of the land or building or any other matter covered by this chapter.
C.
If an improvement was made prior to the requirement for either a certificate of occupancy or compliance, the Superintendent of Buildings may issue a letter-in-lieu confirming that the improvement was made prior to the requirements for a certificate of occupancy or compliance, provided that the Superintendent of Buildings can confirm that the improvement was made prior to such requirement.
D.
In the case of any change in the use or occupancy, or in the case of any new construction, alteration, erection, modification, enlargement, or addition, or other change to an existing building or structure subject to the terms of this or any other regulation, local law or ordinance of the Village or of the State of New York, no certificate of occupancy or certificate of compliance shall be issued, or amended, before the Superintendent of Buildings shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit for a change in the use or type of occupancy, or in the case of any new construction, or in the case of any alteration, erection, modification, reconstruction, addition, or other change to an existing building or structure; and the Superintendent of Buildings may conduct such inspections as he or she deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.
E.
In the event that an inspection required by this section reveals violations of any provision of this Municipal Code or of the New York Uniform Fire Prevention and Building Code, or of any other building, plumbing or zoning regulation of the Village, then a notice of violation shall be issued to the owner of the premises and said owners shall have 30 days to remove or correct said violation(s) or, failing same, an application for any certificate under the provisions of this section shall be denied and a summons or appearance ticket issued for such violation(s).
F.
Applications for a certificate of occupancy, or certificate of compliance, or for a letter-in-lieu thereof, as the case may be, shall be made on forms provided therefor by the Superintendent of Buildings' office. Said applications shall be accompanied at the time of filing by an application and inspection fee in an amount established, from time to time, by resolution of the Board of Trustees and by a copy of an up-to-date property survey or, in lieu thereof, a copy of an existing survey updated by a survey inspection.
G.
In the event that any person(s) other than the owner of the premises shall apply for a certificate required by this section, such person shall provide satisfactory evidence that he is acting as the attorney-in-fact or lawful agent of the actual owner, or shall submit an authorization from said owner, duly executed and acknowledged by him, stating that said other person is authorized to act on his behalf. Absent such evidence, in form satisfactory to the Village Clerk at the time of applying therefor, no application for the processing of such certificates shall be filed or accepted by the Village.
H.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to any regulation, rule, ordinance, or law of the Village of Malverne, the Superintendent of Buildings may require the same to be subjected to tests, at the owner's expense, in order to furnish proof of such compliance.
I.
Anything herein to the contrary notwithstanding, an owner, anyone acting on behalf of the owner or any other person shall be entitled to obtain a photocopy of a previously issued certificate of occupancy, certificate of completion or letter-in-lieu thereof as a copy of a public record; provided, however, that in such event the Superintendent of Buildings shall endorse on said photocopy a statement indicating that no reliance may be placed on the legal validity of said certificate or letter, as the case may be, from the date of original issuance appearing, thereon, unless and until such certificate or letter has been revalidated by the Superintendent of Buildings, as provided in this section.
J.
No certificate of occupancy shall be deemed to validate any violation of any provisions of this or any other law or ordinance.
K.
The Superintendent of Buildings shall index all building code, zoning code, and other violations issued by the Superintendent of Buildings, or by those acting at his direction, against the records maintained for certificates of occupancy by the Building Department, and any such violations shall be listed when any request is made for a certificate of occupancy, a certificate of compliance, or for a letter-in-lieu thereof.
L.
Applicant shall be required to pay those fees as set forth from time to time by resolution of Board of Trustees.
§ 600-5.2 Special use permits.
A.
Applications for special use permits.
(1)
Where a special use permit is required by any provision of this chapter, an application for such permit shall be made to the Board of Trustees.
(2)
Application. Any application for a special use permit shall be made in writing and contain such information and be in such form as may be required by the Board of Trustees.
(3)
Applicant. An application for a special use permit shall be made only by the owner of the property involved or by an agent authorized in writing by the owner or by a person, firm or corporation or other business entity under bona fide contract to purchase the same.
B.
Public hearing. Before any decision on or authorization of a special use permit, the Board of Trustees shall hold a public hearing after due notice. Notice shall be provided by applicant to all those record owners within 200 feet of the property which is the subject of the application by certified mail, return receipt requested, no less than 15 days and no more than 25 days before the hearing. Proof of service shall be presented at the public hearing. In addition, the Village Clerk shall cause to be published notice of the hearing not less than 10 days prior to the hearing date.
C.
Standards. The Board of Trustees, in its consideration of and decision on an application for a special use permit, shall be guided (without limitations) by the following standards and considerations:
(1)
The purposes of zoning set forth in the Village Law of the State of New York.
(2)
That the proposed use is of such character, size, location, design and site layout as to be appropriate to and in harmony with the surrounding properties, the neighborhood and the Village.
(3)
That the proposed use is or will be necessary or desirable to the neighborhood or Village in that it will provide a service, facility or convenience or otherwise contribute to the proper growth and development of the community and to its general welfare.
(4)
That the proposed use shall not be hazardous, inconvenient, conflicting or incongruous to the surroundings, neighborhood or Village by reason of excessive traffic, assembly of persons or vehicles, proximity to normal travel routes or congregation of children or pedestrians.
(5)
That the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it will not be hazardous or inconvenient to the residential character of the neighborhood or conflict with the normal traffic on the residential streets.
(6)
That the proposed use, site layout, location, heights, signs, walls, fences and landscaping will not hinder or discourage the appropriate use and development of adjacent uses or impair the value thereof.
(7)
That the proposed use, site layout, location, size or operation will not be objectionable to nearby dwellings by reason of noise, lights or impacts.
(8)
That the proposed use, location, size, site layout and nature of use will be a harmonious part of the district in which it is to be situated.
(9)
That the location and size of the use, the nature and intensity of the operations in or conducted in connection with it, its site layout and its relation to streets giving access to it will be such that vehicular traffic will not be more hazardous than the normal traffic of the district, taking into account such factors as street intersections, traffic flow, sight distances and pedestrian traffic.
D.
Authority.
(1)
The Board of Trustees, pursuant to this section, may authorize a special use permit and, furthermore, may impose such conditions, modifications and safeguards as it deems appropriate, necessary or desirable to preserve the intent of this chapter.
(2)
The Board of Trustees shall not authorize any special use permit unless specifically authorized to do so in accordance with this chapter.
(3)
Any decision with regard to an application for a special use permit shall be by a resolution of the Board of Trustees and shall include a statement of the reasons therefor.
(4)
The Board of Trustees may make such rules as it deems appropriate for implementing this section.
E.
Expiration, lapse, extension and reinstatement of special use permit. Any special use permit shall automatically terminate one year after issuance. Prior to the expiration of one-year period, upon application and the submission of an application fee, which shall be set from time to time by resolution of the Board of Trustees, to the Superintendent of Buildings, the special use permit may be extended for two additional six-month periods, upon good cause shown. The Board of Trustees may, upon written application, extend the special use permit for additional one-year terms upon good cause shown. No extension shall be granted by the Board of Trustees unless the applicant has paid an extension fee in an amount set by the Board of Trustees.
F.
Extinguishment of special use permit. Whenever a use established pursuant to a special use permit shall have been abandoned for a term of six months, or whenever the location of such a use is substantially destroyed, the land, building or structure in which said use shall have existed shall not thereafter be used for the previously established special use. The use shall not be abandoned if, within the six-month term, the use shall be reestablished for a period of at least 30 days. A use shall be substantially destroyed if the cost to repair and replace the structure exceeds 50% of the current structural replacement value thereof. Any use that has been extinguished as a result of abandonment or destruction as set forth herein may be reinstated within two years of extinguishment by special use permit by the Board of Trustees.
G.
Revocation of special use permit. Any special use permit granted pursuant to this chapter shall be revocable on the order of the Board of Trustees at any time upon the failure of the owner or the operator of the use or structure covered by the special use permit to observe all requirements of this chapter with respect to the maintenance and conduct of the use or structure or upon failure to observe all conditions and restrictions of such permit. The Board of Trustees shall give the holder of the special use permit at least 10 days' written notice of violation. If within such 10 days the special use permit holder so requests in writing, the Board of Trustees shall hold a hearing on the revocation of such special use permit and shall give at least 10 days' written notice of the hearing either by certified mail, return receipt requested, or by personal service. If no hearing is requested within the ten-day notice-of-violation period, the special use permit shall be immediately revoked and upon the expiration of such ten-day period, a new application for the special use previously granted shall be required. The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law or by this chapter or of any conditions of the special use permit. The violation of any condition imposed by the Board of Trustees as part of a special use permit shall also constitute a violation of this chapter.
H.
Reimbursement of expenses required. All applicants under this article shall be required to pay the cost associated with engineering, environmental, architectural, legal and other consulting professionals retained by or on behalf of the Village. No special use permit shall be issued until the applicant reimburses the Village for all such fees and expenses. At the time of application, and throughout the review process, the Superintendent of Buildings may require applicant to deposit with the Village Clerk such amounts to cover such fees and expenses. In instances where such expenses are minimal, the requirement for reimbursement of expenses may be waived by the Board of Trustees.
§ 600-5.3 Application fees.
Applications for any permit or renewal thereof shall be accompanied by a fee which shall be set, from time to time, by resolution of the Board of Trustees. The payment of any fee or deposit in connection with the application shall be a condition precedent to the acceptance of the application.
§ 600-5.4 Penalties for offenses.
A.
Authority. In case any building or structure is erected, constructed, or reconstructed, altered, converted, located or maintained, or any building, structure, land or premises is used in violation of this chapter, any regulation or requirement made pursuant thereto, or under the authorization conferred thereby or is in violation of any other applicable law or regulation, in addition to other lawful remedies, the Board of Trustees or, with its approval, the Code Enforcement Officer may, pursuant to the New York Village Law, institute any appropriate action or proceedings to prevent such unlawful erection, construction, alteration, conversion, repair, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy or residency of such building, land or premises or to prevent any illegal act, conduct, business or use in or about such premises; or to promote public safety and protect the general welfare of those individuals in and about the premises.
B.
Discovery of violation. The Code Enforcement Officer shall determine the existence of violations of the provisions of this article through such investigations as he or she shall conduct pursuant to the issuance of building permits and certificates of occupancy and through the prompt investigation of such written complaints as are filed with him or her by persons having reason to believe that such violations exist. The Code Enforcement Officer may also determine the existence of such violations by means of investigations conducted upon his or her own initiative.
C.
Procedure for abatement of violations.
(1)
Notice of violation. Upon notice of a violation of the provisions of this article, the Code Enforcement Officer shall serve written notice either by personal service or certified mail, addressed to the premises of such violation, on the person committing or permitting such violation or on the owner of the property. Such notice shall specify the nature of such violations as exist and specify a reasonable time limit of not less than five days within which such violations shall be removed, abated or corrected and compliance with this chapter achieved.
(2)
Penalties for violation. Any person, corporation, or other entity, whether as owner, lessee, architect, contractor or the agent or employee of any of them, who or which violates or is accessory to the violation of any provision of this article or any regulation made under the authority conferred by this article or who or which shall erect, construct, alter, enlarge, convert or move any building or structure without a building permit or in violation of any statement or plans submitted and approved under the provisions of this article or who or which shall use any building, structure or land in violation of this article or any regulation made under the authority conferred by this article or in violation of the provisions of any building permit (including a special use permit) without a building permit or certificate of occupancy where one is required by this article shall be guilty of an offense punishable by a fine not to exceed $2,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for subsequent offenses, all of which were committed within a period of five years, punishable by a fine of not more than $5,000 or imprisonment for a period not to exceed 15 days, or both. Each week during which a condition, building, structure or use prohibited by this article or any requirement or regulation made pursuant thereto (including the violation of a condition imposed as part of a variance grant or as part of a special use permit issuance, the violation of which shall be a violation of this article) continues or is maintained shall constitute a separate additional violation. In addition, anyone found to be in violation of this article for failure to file and obtain any required permit or approval as set forth in this article shall pay an additional application fee in an amount which shall be set, from time to time, by the Board of Trustees.