Upper Brookville City Zoning Code
ARTICLE X
Administration and Enforcement
§ 205-38 Interpretation.
A.
Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the health, safety, morals and the general welfare of the Village.
B.
Wherever the regulations made herein require a greater width or size of yards or other open spaces or require a lower height of building or fewer number of stories or require a greater percentage of lot to be left unoccupied or impose restrictions more extensive than are required in any other statute, ordinance or private covenant or restriction, the provisions of the regulations of this chapter shall govern.
C.
Wherever the provisions of any other statute or ordinance require a greater width or size of yards or other open spaces or require a lower height of building or fewer number of stories or require a greater percentage of lot to be left unoccupied or impose restrictions more extensive than are required by this chapter, the provisions of such statute, ordinance or private covenant or restriction shall govern.
D.
It is not intended by this chapter to amend, repeal, abrogate or annul or to impair or interfere with covenants, easements or restrictions between persons nor to rescind a building permit heretofore issued by the Building Inspector of the Village. However, no provision in any such covenant, deed restriction or contract shall be deemed to justify noncompliance with any provision of this chapter.
E.
District boundary lines. If for any reason the location of any district boundary line is not readily determinable from the Zoning Map, the location of such line shall be fixed by the Building Inspector in accordance with the following provisions. Where more than one of the following provisions are applicable, the first enumerated applicable provision shall prevail.
(1)
Where a district boundary line is shown within a street or road or the prolongation thereof, the district boundary line shall be deemed to be the center line of such street or road or the prolongation thereof, except that, where a district boundary line is shown as following a boundary line of the Village, the district boundary line shall be deemed to coincide with such Village boundary line.
(2)
Where a district boundary line is shown as approximately following platted lot lines, the district boundary line shall be deemed to coincide with such platted lines.
(3)
Where a district boundary line is shown parallel to and a specific dimension from a street or road (for example, Mill River Road), such specific dimension shall control.
(4)
Where a district boundary line divides a platted lot or crosses unsubdivided property, the location of the district boundary line shall be fixed from the scale of the Zoning Map.
F.
Prior permits and buildings under construction. Nothing herein shall require any change in the plans, construction, location or designated use of structures under construction or to be constructed for which a valid building permit has been issued at or prior to the effective date of this chapter or any amendment hereto which would make the same nonconforming under these regulations, provided that the work thereunder has been commenced prior to or, where no construction has been commenced, within 60 days after the effective date of this chapter or any amendment thereto.
§ 205-39 Enforcement; right of entry.
A.
The Building Inspector, the police and any other person duly authorized by Board of Trustees shall have the duty, and they are hereby given the authority, to enforce the provisions of this chapter.
B.
In the discharge of their duties, the Building Inspector, the police and any other person authorized by the Board of Trustees shall have authority to enter any building or premises at any reasonable hour, in accordance with law, to discharge their duties and to issue appearance tickets for violations of this chapter.
§ 205-40 Zoning and building permits.
A.
Applications. All applications for permits required by this chapter shall be made to the Building Inspector in the manner prescribed herein. The Building Inspector shall not issue any permit for any building, structure, occupancy, work or use which does not conform to the provisions of this chapter.
B.
Zoning and building permits required.
(1)
It shall be unlawful for any person to commence any work or to keep or store any building materials or equipment on a work site in connection with the following until after the issuance of a zoning or building permit by the Building Inspector, as provided herein, namely:
(a)
The construction, erection or alteration of any building or structure or part thereof and of any sign greater than two square feet in area; and
(b)
The clearing of wooded areas or the cutting or removal of native trees, the excavation, grading or filling of land or the removal of natural ground cover, soil or mineral deposit unrelated to the authorized construction of a building or structure or the plowing of newly cleared or uncultivated land, except the incidental harvesting of trees in a forest reservation, normal home gardening and horticulture and the cutting and removal of diseased or damaged trees in conformity with the provision of this chapter.
(2)
A building permit issued in accordance with the New York State Uniform Fire Prevention and Building Code shall satisfy the purpose of a zoning permit required by this chapter, provided that the Building Inspector finds and certifies that the proposed use and building or alteration comply with all applicable provisions of this chapter.
[Amended 9-19-2000 by L.L. No. 1-2000]
C.
Application for zoning and building permit. Applications for zoning and building permits shall be made in writing by the owner or his authorized agent and shall include a statement of the use or intended use of the building, structure or land and, in the case of land, the work proposed and an agreement allowing the Village to perform acts under Subsection D(1)(d).
(1)
Applications for work enumerated in Subsection B(1)(a) shall be accompanied by construction drawings and plans, a stakeout survey, in duplicate, drawn to scale, showing the location, dimensions, monuments, radii and angles of the lot, the size and location of existing and proposed buildings thereon, the lines within which buildings are proposed to be erected or altered, the existing and intended use of each building or part thereof, the height thereof and the existing and proposed occupancy thereof, and a foundation landscaping plan and a grading and drainage plan so as to prevent harmful runoff and erosion during and after construction.
(2)
Applications for work enumerated in Subsection B(1)(b) shall be accompanied by a plot plan and current survey prepared by a licensed surveyor, in duplicate, drawn to scale, showing the location, dimensions of the lot and existing buildings, structures and natural features thereon and the character and extent of and the lines within which the proposed work is contemplated.
(3)
The applicant also shall furnish such additional pertinent information respecting the proposed use or work as may be necessary to determine the propriety of the issuance of a zoning or building permit.
(4)
The Building Inspector shall not issue a building permit without obtaining from the applicant either:
[Amended 9-19-2000 by L.L. No. 1-2000]
D.
Issuance of zoning or building permit. No zoning or building permit shall be issued until the Building Inspector has found that the proposed building, structure, alteration, use or work complies with all provisions of this chapter.
(1)
In the case of proposed construction or alteration of any building, no building permit shall be issued unless:
(a)
An application for a certificate of occupancy has been filed with the Building Inspector.
(b)
The street giving access to the lot on which such building is proposed to be erected or altered has been duly placed on the Official Map of the Village, or, in the case of a subdivision, the Building Inspector has been notified, in writing, by the Planning Board that such street has been suitably improved to the satisfaction of said Board or, alternatively, that a performance bond for such street improvements has been furnished to the Village.
(c)
There has been deposited with the Village a sum of money in an amount as provided for in Chapter 112, Fees and Deposits, as amended, or as determined by resolution of the Board of Trustees to be used by the Village in the event that the applicant fails to provide proper drainage or erosion control or to clean up streets or drainage structures that have been affected by the construction.
(d)
There has been deposited with the Village security in the form of cash, a bond from a bonding company approved by the Board of Trustees or an irrevocable letter of credit from a bank approved by the Board of Trustees, all in a form satisfactory to the Village Attorney, in the sum required by Chapter 112, Fees and Deposits, or a Trustees resolution of the cost of the work covered by the building permit for the construction of a new structure or additions exceeding 50% of the volume of an existing structure to ensure that the work will be completed within 24 months from the time the building permit is issued. In the event that the work is not completed and does not qualify for the issuance of a certificate of occupancy within said twenty-four-month period, the Board of Trustees, upon 30 days' written notice to the owner by certified mail, return receipt requested, may declare the bond or letter of credit in default and use any moneys received under the bond or letter of credit or the cash deposit to enter the premises for the purpose of completing the exterior construction (including doors and windows) or securing or restoring the premises, including the installation of landscaping and screen planting, so as to conceal the premises from the street and neighboring properties.
[Amended 9-19-2000 by L.L. No. 1-2000]
(e)
The Board of Trustees, upon application, may extend the time within which the work is to be completed in cases of extreme hardship and where the applicant has demonstrated due diligence in performing the work and that any delays are related to genuine circumstances beyond his control.
(2)
No zoning or building permit shall be issued for the erection of any building which has frontage on or access to or is otherwise directly related to any existing or proposed county road, drainage system or drainage right-of-way as shown on the Nassau County Official Map, except in accordance with the provisions of Section 12-4.0 of the Nassau County Administrative Code.
[Amended 9-19-2000 by L.L. No. 1-2000]
(3)
After issuance of a zoning or building permit and upon completion of the foundation walls of a building or structure, the owner or his authorized agent shall submit to the Building Inspector a foundation survey prepared by a land surveyor licensed to practice in the State of New York showing the exact size and location, including all setbacks from boundary lines, of the foundation on the property. No building shall hereafter be constructed above the foundation walls until said foundation survey has been approved by the Building Inspector as complying with the provisions of this chapter.
(4)
In the case of work enumerated under Subsection B(1)(b) (i.e., clearing and excavating of land, etc.) and subject to Subsection D(5) immediately below, no zoning or building permit shall be issued unless the Village Engineer has examined the plans and application therefor and said Engineer has certified to the Building Inspector that the proposed work conforms to Village engineering standards, the Official Map and applicable ordinances, that the proposed work does not constitute any development (as defined in Chapter 180, Subdivision of Land) of a subdivision heretofore approved, disapproved or pending before the Village Planning Board and that said work will not create any undue hazard on the land in question or on adjacent property due to drainage, soil erosion, silting or other conditions resulting from disturbance of existing topography, ground cover or other natural features or structures.
(5)
Whenever the Village Engineer or the Building Inspector determines that work enumerated under Subsection B(1)(b) will affect an area in excess of 1/4 acre or of the immediate site of a proposed building to which such work is incidental or that such work may affect adjacent property or the Village Comprehensive Plan (formerly "Master Plan"), the Building Inspector shall refer the plans and application to the Village Planning Board for review and approval after a public hearing. In such cases, the Planning Board shall also investigate and report on the relation and conformity of the proposed work to the Comprehensive Plan (formerly "Master Plan").
§ 205-41 Certificate of occupancy.
A.
Certificate of occupancy required. A certificate of occupancy shall be required prior to any of the following:
(1)
Occupancy or use of a building or structure hereafter constructed, erected or altered or located on a new lot created by a subdivision or partitioning map approved by the Planning Board.
(2)
Change in use of an existing building or structure.
(3)
Occupancy and use of an unimproved or vacant lot.
(4)
Change in the use of a lot to a use of a different classification.
(5)
Any change in the occupancy or use of a nonconforming use. No such occupancy, use or change of use shall take place until after the issuance of a certificate of occupancy by the Building Inspector, as provided by this chapter. The Building Inspector may also issue certificates of occupancy for the following uses existing at the effective date of this chapter:
B.
Application for certificate of occupancy. Application for a certificate of occupancy shall be made in writing by the owner or his authorized agent upon forms provided by the Building Inspector and shall be filed at the same time or prior to application for a zoning or building permit. The fee for such certificate is provided for in § 112-3 of Chapter 112, Fees and Deposits, as amended.
C.
Issuance of certificate of occupancy.
(1)
Upon completion of construction or alteration of a building or structure and prior to change in use of any land, the Building Inspector shall review such occupancy application, inspect the premises and thereafter grant or deny such certificate of occupancy. In case the Building Inspector shall decline to issue a certificate of occupancy, his reason for so doing shall be stated upon the application and one copy thereof returned to the applicant.
(2)
The certificate of occupancy shall certify that the work has been completed, in the case of the erection or alteration of a building or structure, and that the building and/or proposed use and occupancy conform to all provisions of this chapter, applicable laws and regulations and shall specify the use or uses and the extent thereof to which the building, structure or land may be put and make reference to the final as-built survey for the project.
(3)
In the case of a certificate of occupancy for the purpose of recording the status of an existing nonconforming use or of certifying the conformity of an existing conditional use, the certificate of occupancy shall also state the character and extent of each lawful conformity and nonconformity and the authority for any nonconformity found upon inspection by the Building Inspector, and the Building Inspector shall issue such orders as the circumstances may require with respect to any unlawful nonconformities so found.
(4)
In cases where construction is substantially completed and there are no conditions which would create any danger or hazard relating to the use and occupancy of a structure, the Building Inspector may issue a temporary certificate of occupancy which shall expire 30 days after its date of issue.
§ 205-42 Lapse of permits.
[Amended 9-19-2000 by L.L. No. 1-2000]
After the Building Inspector has issued a zoning or building permit, other than certificates of occupancy, the permit so issued shall lapse after the expiration of two years if construction or work has not been completed in accordance with the plans for which such permit was issued. Such permit may be extended for an additional year upon payment to the Village of 1/2 of the original permit fee.
§ 205-43 Penalties for offenses.
A.
Violations.
(1)
Any owner, lessee, contractor, agent or individual, whether a person, partnership or corporation, shall be guilty of an offense if such person, partnership or corporation:
(a)
Occupies, uses or maintains or causes or permits to be occupied, used or maintained or erects, enlarges, alters or converts or causes or permits to be erected, enlarged, altered or converted any building, structure or part thereof or any land in the Village except in conformity with the provisions of this chapter or a decision of the Board of Appeals or Planning Board; or
(b)
In any manner violates or allows, causes, permits, takes part or assists in a violation of any provision of this chapter or of any regulation, order or ruling promulgated hereunder.
(c)
Violates a written stop-work order issued by the Building Inspector, Code Enforcement Officer or police officer.
[Added 5-15-2007 by L.L. No. 5-2007]
(3)
A violation of two or more sections of this chapter, or provisions within a section, shall be separate and distinct offenses for which a fine may be levied.
(4)
Each and every week a violation exists or continues shall constitute a separate and distinct violation, conviction for which shall be an additional offense.
B.
Penalties.
(2)
If any person fails to abate any such violation of this article 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 and every day that said violation continues, recoverable by suit brought by the Village.
[Amended 5-15-2007 by L.L. No. 5-2007]
(3)
Any violation of this chapter may be enjoined pursuant to law.
(4)
The remedies provided for herein shall be cumulative and shall be in addition to any other remedies provided by law, including injunctive relief.
§ 205-44 Conflicting laws.
[Added 12-21-1998 by L.L. No. 4-1998]
If any ordinances or local laws or parts thereof are in conflict with the provisions of this Building Zone Ordinance, and any amendments thereto, the provisions hereof shall prevail; provided, however, that Local Law Nos. 1-1998, 2-1998 and 3-1998, amending certain provisions of the Village Law as the same applies to the Village, shall remain in full force and effect.[1]