Port Jefferson City Zoning Code
ARTICLE X
Administration and Enforcement
§ 250-44 Building permits.
[Amended 12-5-1979 by L.L. No. 22-1979; 3-7-1984 by L.L. No. 2-1984; 10-23-1985 by L.L. No. 10-1985; 1-22-2001 by L.L. No. 1-2001; 12-16-2002 by L.L. No. 13-2002; 8-3-2009 by L.L. No. 5-2009; 12-27-2011 by L.L. No. 23-2014; 3-23-2016 by L.L. No. 2-2016]
No building in any district shall be erected, constructed, enlarged, altered, improved, relocated, removed or demolished without a building permit duly issued upon application to the Building Inspector. No building permit shall be issued if the property for the proposed new construction or use has an open ticket issued under the Village Code. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful.
A.
Every application for a building permit, excluding applications for a residential solar energy system installation enumerated in § 250-37.1, shall contain the following information and be accompanied by the required fee. Three copies of a plot plan are required, prepared by a licensed engineer or licensed land surveyor. There shall further be required with every application, other than for a one-family detached dwelling and buildings accessory thereto, three complete sets of architectural, structural, mechanical facilities and landscape plans. In the case of a one-family detached dwelling and buildings accessory thereto, two complete sets of architectural plans shall be required with the application for a building permit therefor.
(1)
The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected or of the lot on which it is situated, if an existing building.
(2)
The section, block and lot numbers as they appear on the latest Tax Map; the tax item number; and the zoning district.
(3)
The exact size and locations on the lot of the proposed building or buildings or alterations of an existing building and of other existing buildings on the same lot.
(4)
The dimensions of all yards in relation to the subject building and the distance between such building and any other existing buildings on the same lot.
(5)
The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate.
(6)
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter.
(a)
All applications for a building permit for additions or renovations to existing structures shall include proof that is reasonably satisfactory to the Building Inspector indicating that the sanitary waste system for such structure is functioning properly. Such proof shall include, but not be limited to, a permit (no older than two years) from the Suffolk County Department of Health Services, a receipt or statement from a licensed professional that the existing system has been periodically maintained and is functioning in good order, or written proof demonstrating connection to the Port Jefferson Sewer District.
(7)
Inspections and certificate of occupancy.
(a)
On completion of the foundation for the proposed building, a request, in writing, shall be made to the Building Inspector for a foundation inspection. Every written request shall be accompanied by one copy of a survey prepared by a licensed engineer or licensed land surveyor, which shall show the exact and actual location of the foundation on the lot. The actual location of the foundation on said lot shall correspond exactly with the location on the lot of the proposed building as it was shown on the plot plan which was submitted with the application for a building permit.
(b)
On completion of a rough enclosure and rough mechanical equipment and systems for the proposed building, and prior to the installation of finished walls and ceilings, a request, in writing, shall be made to the Building Inspector for rough enclosure and rough mechanical inspections.
(c)
On the completion of all construction work for the proposed building and at the time it is considered ready for occupancy and use, a request, in writing, shall be made to the Building Inspector for a final inspection.
(d)
Immediately following said final inspection, an application for a certificate of occupancy shall be made to the Building Inspector on a form furnished by him entitled "Affidavit of final cost of construction and application for certificate of occupancy" or bearing a similar title.
B.
No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided in § 7-736 of the Village Law. Nor shall any building permit be issued unless all Village taxes which are a lien on and all Village assessments which have been assessed against the lot on which said buildings are to be erected are first paid in full, together with all interest and other charges.
C.
Whenever a building permit application is filed with the Building Inspector which is for a building or buildings subject to site plan approval by the Planning Board or to be used for a conditional use in any district where such use is permitted only on approval by the Planning Board, the Building Inspector shall neither issue nor deny a building permit therefor but shall refer the applicant to the Planning Board for appropriate action: No building permit shall be issued for such building or buildings until the Planning Board has approved the site plan therefor or granted approval for the conditional use, as the case may be.
D.
Every building permit shall expire if the work authorized has not commenced within nine months after the date of issuance or has not been completed within 12 months from such date for construction costing less than $1,000,000 and has not been completed within 18 months from such date for construction costing in excess of such amount. If no zoning amendments or other codes or regulations affecting the subject property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of either above periods for an additional six months upon payment of an additional fee in a sum equal to 50% of the original building permit fee for such construction. If the construction is not completed within such extension period, inclusive of the scheduling of an inspection of such construction by the Building Inspector, the previously issued building permit, as extended, shall immediately become null and void. In such event, any additional construction work will require the submission of a new application for a building permit and payment of an additional building permit fee without any credit for building permit fees previously paid.
E.
Building permit fees.
(1)
The schedule of fees payable to the Village shall apply to every building permit application.
(2)
Building permit fees, excluding residential solar energy system fast-track permit fees, shall be calculated on the basis of the total square footage of the proposed construction according to the schedule.
F.
No building permit shall be issued for any building except a one-family dwelling and accessory buildings permitted therefor unless the Fire Inspector has first approved, in writing, the plans therefor.
G.
At the time of issuing a building permit for new building construction or a renovation or addition to an existing building where the building costs exceed $25,000, there shall be posted with the Village a cash bond in the amount of $1,000 to indemnify the Village for damage to Village property and/or the expenses incurred in correcting any damage or waste created by the builder to or on Village property. Notice shall be given to the builder of any damage or waste to Village property. Upon his failure to correct said damage or waste within three days of said notice, the Village shall make such repairs and charge the cost to the cash bond. Any costs exceeding the amount of the cash bond shall be paid to the Village prior to the issuance of a certificate of occupancy.
H.
Exemptions. The following buildings or structures do not require a building permit:
§ 250-45 Certificates of occupancy.
A.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building Inspector:
B.
No certificate of occupancy shall be issued for any conditional use of a building or of land in the C-1 or C-2 District or requiring approval by the Planning Board unless and until such conditional use has been duly granted by the Planning Board. Every certificate of occupancy for which conditional use has been granted by the Board of Appeals shall contain a detailed statement as to such conditional use or variance and of any conditions to which the same is subject.
C.
On a form furnished by the Building Inspector, application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this chapter and, in the case of a new building shall be accompanied by an accurate plot plan prepared by a licensed land surveyor or professional engineer showing the location of all buildings as built. Such certificate of occupancy shall be issued within 21 days after receipt of the properly completed application, but only provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with.
D.
A temporary certificate of occupancy may be issued by the Building Inspector prior to the completion of construction for a period not to exceed 90 days, if the Building Inspector deems that the health and safety of the occupants of the building and of adjacent buildings and land are not endangered.
E.
If the proposed use is in conformity with the provisions of this chapter and of all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use of a nonconforming use shall be issued by the Building Inspector within 21 days after receipt of a properly completed application. If a certificate of occupancy is denied, the Building Inspector shall state the reasons, in writing, to the applicant.
F.
Fees for copies of certificates of occupancy.
[Amended 8-4-1971]
(1)
There shall be no fee for a certificate of occupancy or a temporary certificate of occupancy issued in conjunction with the final inspection on a valid, unexpired building permit.
(2)
Duplicate copies of certificates of occupancy will be issued upon presentation of a current or up-to-date survey and the payment of a fee.[1]
[1]
Editor's Note: See the Table of Fees included as an attachment to this chapter.
(3)
Improvement or construction.
[Added 9-21-1992 by L.L. No. 8-1992]
(a)
There will be a fee for the issuance of a certificate of occupancy for any improvement or construction made under an expired building permit.[2]
[2]
Editor's Note: See the Table of Fees included as an attachment to this chapter.
(b)
In addition to established building permit fees, a fee will be imposed on an applicant seeking a certificate of occupancy for an existing improvement or construction.[3]
[3]
Editor's Note: See the Table of Fees included as an attachment to this chapter.
G.
A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and the continuance of occupancy and use of the building or land to which it applies.
H.
Upon written request of the owner or his representative and the submission of a current or up-to-date survey of the property involved, the payment of a fee and such other documentation and/or information requested by the Building Inspector, the Building Inspector may, after physically inspecting the premises, issue a certificate of existing use for a one-family residence and/or issue a certificate of occupancy for any building, land or the use thereof, existing at the time of the adoption of the ordinance permitting such use, and whether or not the same and the building conform to the provisions of this chapter. In connection with an application for a certificate of existing use, the Building Inspector shall have the discretion to refer such application to the Board of Appeals, who shall determine the same in accordance with § 250-49D.
[Amended 8-4-1971; 12-4-1972; 10-9-1985 by L.L. No. 9-1985; 1-5-2004 by L.L. No. 1-2004; 11-1-2010 by L.L. No. 6-2010]
I.
A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be furnished on request to any agency of the Village or to any persons having a proprietary or tenancy interest in the building or land affected.
J.
For any building other than single-family residences, no certificate of occupancy shall be issued unless the Fire Inspector has previously issued his certificate, in writing, certifying that the use of the building or land or erection, reconstruction, restoration or alteration of the building complies with the provisions of Chapter 139, Fire Prevention, of the Village of Port Jefferson.
K.
Upon application for a certificate of occupancy, any unfinished site improvements shall be bonded for an amount determined by the Planning Board. Said bond shall run for a minimum of one year but shall not exceed three years.
§ 250-46 Powers and duties of Building Inspector.
A.
It shall be the duty of the Building Inspector, who shall be appointed by the Village Board, to enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto.
B.
The Building Inspector or his duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of his duties, provided that:
[Amended 10-7-2013 by L.L. No. 7-2014]
(1)
Such entry shall not be made into a private building over the objection of the occupant thereof or, in the occupant's absence, without such officer first having secured and executed a proper search warrant.
(2)
The Building Inspector or his duly authorized assistants display identification signed by the Village Clerk upon commencing an inspection.
C.
The Building Inspector shall maintain files, open to the public, of all applications for certificates of occupancy and building permits, along with plans submitted therewith, as well as final certificates and permits.
D.
The Building Inspector shall also maintain records, open to the public, for every written complaint of a violation of the provisions of this chapter as well as action taken as a result of such complaints.
E.
The Building Inspector shall submit to the Board of Trustees, for insertion in the Board minutes, all written complaints of violations and action taken as a result of such complaints.
F.
At the request of the Board of Trustees, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings.
G.
The Building Inspector shall make inspections whenever, in his judgment, they may be necessary for the purpose of ascertaining whether or not any conditions exist which violate the provisions of this chapter. Whenever he finds the existence of any conditions which violate this chapter, he shall report such conditions to the Board of Trustees, and he shall further order the owner (as shown by the Village assessment rolls), contractor, lessee, architect, builder or other person who takes part in or assists in such violation, to remedy or correct such conditions. The order to remedy or correct such conditions shall be served personally or by mail on one of the aforesaid persons or shall be affixed in a conspicuous place on the premises. Such order shall be in writing, shall describe the conditions found to violate this chapter, shall set forth the manner in which they are to be corrected or remedied and shall set forth the time within which the conditions are to be remedied or corrected.[1]
[1]
Editor's Note: Former Subsection H, regarding alternatives to on-site parking, added 5-7-2001 by L.L. No. 7-2001, as amended, which immediately followed this subsection, was repealed 7-24-2006 by L.L. No. 5-2006.
§ 250-47 Penalties for offenses.
A.
Violators of any provision or requirement of this chapter or violators of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson. In addition, a guilty party shall pay all costs and expenses incurred by the Village in determining such violation.
[Amended 9-26-1984 by L.L. No. 6-1984; 9-9-2013 by L.L. No. 4-2014]
B.
The owner, general agent or contractor of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.
C.
Any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in such violation shall also be guilty of such an offense.
D.
Each and every day that any such violation continues beyond five days after notification that such violation exists shall constitute a separate offense. Such notice shall be written by the Building Inspector and shall be served by registered mail or by personal service.
E.
The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate legal action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the illegal occupancy of a building, land or premises.