HomeMy WebLinkAboutLL-1995 #11 LOCAL LAW NO. 11 , 1995
A Local Law in Relation to Building Code
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 45-8 (Fire Prevention and Building Code, Uniform) of the Code of the
Town of Southold is hereby amended as follows:
No person, firm or corporation shall commence the erection,
construction, enlargement, alteration, removal, improvements, demolition,
conversion or change in the nature of the occupancy of any building or
structure, or cause the same to be done, without first obtaining a
separate building permit from the Building Inspector for each such
building or structure; except that no building permit shall be required for
the performance of ordinary repairs which are not structural in the nature.
(1)
(d)
(¢) ?,sot of
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, revocations or nullification thereof; and any work under
taken or use established pursuant to the issuance of a permit in violation
of the provisions of this chapter shall be invalid
........ ~ .... r,~tor.
Applications. Every application for a building permit shall contain thn
following information and be accompanied by the required fee and a plot
plan drawn to scale and signed by the person responsible for each
drawin.q. If no such plot plan is available, a survey is required, prepared
by a licensed en.qineer or land surveyor. In addition, plans and specifica-
tions shall be filed with the building permit application to enable thn
Building Inspector to examine such plans to ascertain if the proposed
building will comply with applicable building construction, housing and
fire codes.
The actual shape, dimensions, radii, an.qles 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, except in the case of the altera
tions of a building which do not affect the exterior thereof.
The section, block and lot numbers, if any, as they appear on thn
latest tax records.
The exact size and locations on the lot of the proposed buildin,q or
buildin,qs or structural alteration of an existinR buildinR and of other
exist n,q buildings on the same lot.
(4)
The dimensions of all yards in relation to the subject buildin.q, and
the distances between such building and nay other existing
buildings on the same lot and adjacent lots.
The existing and intended use of all buildings, existing or proposed,
the use of land and the number of dwelling units the buildin,q in
desi.qned to accommodate; and the necessary computations to
establish conformity to the bulk and density regulations
(6)
Such topographic or other information with regard to the building,
the lot or nei,qhborin,q lots as may be necessary to determine that
the proposed construction will conform to the provisions of thin
chapter.
(7)
An application for a buildin,q permit for construction on a vacant lot
which is not on an approved subdivision map shall be accompanied
by a certified abstract of title issued by a title company which shall
show sin.qle and separate ownership of the entire lot prior to April 9,
1957.
D. 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 by
Sec. 280-A of the Town Law.
No buildin.q permit shall be issued for any buildin,q where the site plan of
such building is subiect to approval by the Planning Board, except in
conformity with the plans approved by the said Board.
No building permit shall be issued for a building in any district where
such use is permitted by special exception unless and until such
approval has been duly granted by the beard having jurisdiction thereof.
No building permit shall be issued for any building until approval has
been received from the Suffolk County Department of Health Services for
She proposed water supply and sewa,qe disposal system.
The buildin.q permit application and all supporting documentation shall bn
made in triplicate. Upon the issuance of a buildin,q permit, the buildin.q
Inspector shall return on (1) copy of all filed documents to the applicant.
The Building Inspector shall, within ten (10) business days after the filin!~
of a complete and properly prepared application, either issue or deny ;'~
building permit. If a building permit is denied, the Building Inspector shall
state in writing to the applicant the reasons for such denial.
Every buildin,q permit shall expire if the work authorized has not com
menced within twelve (12) months after the date of issuance or has nol
been completed within eighteen (18) months from such date. If no zonin!~
amendments or other regulations affecting the property have bee~
enacted in the interim1 the buildin,q Inspector may authorize, in writin.q,
the extension of the permit for an additional six (6) months. Thereafter,
new permit shall be required.
As soon as the foundation of a buildin,q or of any addition to an existin,q
building is completed and before first-story framing or wall construction is
begun, there shall be filed with the Buildinq Inspector an accurate sur-
vey, signed by the person responsible for said survey, showin,q the exact
location of such foundation with respect to the street and property lines of
the lot. No further construction shall be performed until such survey
approved by the Buildin.q Inspector.
L Permit fees.
The following fees shall be paid upon the filin,q of an application with
the Buildin,q Inspector for a building permit, which fees shall be paid
into the general fund if the application is approved or returned to the
applicant if the application is denied:
(a) Sin,qle-family dwellings:
New dwellings and alterations or additions to existing
dwellings: seventy-five dollars ($75.), plus twenty ce'~ts
($0.20) for each square foot of floor area in excess of eight
hundred fifty (850) square feet
Accessory buildin,qs and additions or alterations to existing
accessory buildings: thirty-five dollars ($35.), plus twenty
cents ($0.20) for each square foot of floor area in excess
of five hundred (500) square feet.
(b) Farm buildings and additions or alterations to existing farm
buildings: fifty dollars ($50.) for each building.
Hotel, motel, multiple dwellings and business, industrial and all
other buildings, including wineries:
New buildings and additions and alterations to existing
buildings: one hundred fifty dollars ($150.), plus twenty
five cents ($0.25) for each square foot of floor area in
excess of one thousand (1,000) square feet.
Accessory buildings and additions and alterations to
existing accessory buildings: thirty-five dollars ($35.), pl~!~
twenty cents ($0.20) for each square foot of floor area in
excess of five hundred (500) square feet.
Foundations constructed under existing buildings: seventy-fivn
dollars ($75.).
In-ground swimming pools, together with required enclosuro
fencing: one hundred fifty dollars ($150.). Aboveground swim
ming pools, to(~ether with required enclosure fencin.q fifty
dollars ($50.).
All other structures (i.e.I fences, satellite dishes, etc.) and
additions and alterations to such structures: thirty-five dollar,-.
(,$35.).
The permit fee for all signs shall be fifty dollars ($50.) per
permit.
Demolition and/or removal of any building: fifteen dollars ($15.)
minimum and ten cents ($0.10) for each square foot in excesn
of three hundred (300) square feet of floor area.
If an application is denied and a Notice of Disapproval is issued, tho
applicant shall pay a fee of twenty-five ($25) dollars.
(3)
For the purpose of this Subsection L, cellars, decks, attached
garages and any habitable area shall be included in the calculation
of floor area.
Notwithstanding the foregoing, no fee shall be required of or paid by
taxing entities or districts, including but not limited to fire districts,
school districts, park districts and the like.
Chapter 100-281 is deleted in its entirety.
This Local Law shall take effect upon filing with the Secretary of State.
* Underline represents additions.
** Strikethrough represents deletions.
NYS DEPARTHENT OF STATE
EUREAU OF STATE RECORDS
162 Washington Avenue
Alban¥~ NY 12231-0001
DATE:
6/7/95
Local Law Acknowledgment
JIDITH T TERRY
TOWN OF SOUTHOLD
TOWN HALL 53095 MAIN ROAD
PO BOX I179
I__ SOUTHOLD NY 11971
DOS-236 (Rev. 6/90)
_1
MUNIC]PALITY
Town of Southold
LOCAL LAW(E) NO. YEAR ) FILING DATE
9 thru i1 1995 I 6/6/95
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
Local Law Filigg
NEW' YORK STATE DEPARTMENT OF STATE
162WASHINGTON AVENUE. ALBANY. NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do noi include matter being eliminated and do not use
italics or underlining to indicate new matter.
t~:~ x of Southold
Town
Local Law No. 1 1 of the year 19--9--5--
in Relation to ,.Fire Prevention and Uniform Building Code
A local law ........................... :-- ................................................................................
Town Board
Be It enacted by the ......................................................................................... of the
~t~y or.._._S.o__u._t.b_o._Ld_ ......................................................................... as follows:
Town
Chapter 45-8 (Fire Prevention and Building Code, Uniform) of the Code of the
Town of Southold is hereby amended as follows:
No person, firm or corporation shall commence the erection,
construction, enlargement, alteration, removal, improvements, demolition,
conversion or change in the nature of the occupancy of any building or
structure, or cause the same to be done, without first obtaining a
separate building permit from the Building Inspector for each such
building or structure; except that no building permit shall be required for
the performance of ordinary repairs which are not structural in the nature.
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, revocations or nullification thereof; and any work under-
taken or use established pursuant to the issuance of a peCmit in violation
of the provisions of th!¢ chapter shall be invalid.
C. Applications.-Every application for a building permit shall contain the
following information and be accompanied by the required fee and a plot
plan drawn to scale and signed by the person responsible- for each
drawing. If no such plot plan is available, a survey is required, prepared
(If additional space is needed, attach pages the sam,~ size as this sheet, and number each.)
Uos-~9 (R~v. 7,9n (1)
by a licensed engineer or land surveyor. In addition, plans and specifica-
tions shall be filed with the building permit application to enable the
Building Inspector to examine such plans to ascertain if the proposed
building will comply with applicable building construction, housing and
fire codes.
(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, except in the case of the altera-
tions of a building which do not affect the exterior thereof.
(2) The section, block and lot numbers, if any, as they appear on the
latest tax records.
(3)
The' exact size and locations on the lot of the proposed building or
buildings or structural alteration 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 distances between such building and nay other existing
buildings on the same lot and adjacent lots.
(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; and the necessary computations to
establish conformity to the bulk and density regulations.
(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.
(7)
An application for a building permit for construction on a vacant lot
which is not on an approved subdivision map shall be accompanied
by a certified abstract of title issued by a title company which shall
show single and separate ownership of the entire lot prior to April 9,
1957.
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 by
Sec. 280-A of the Town Law.
No building permit shall be issued for any building where the site plan of
such building is subject to approval by the Planning Board, except in
conformity with the plans approved by the said Board.
-2-
No building permit shall be issued for a building in any district where
such use is permitted by special exception unless and until such
approval has been duly granted by the board having jurisdiction thereof.
No building permit shall be issued for any building until approval has
been received from the Suffolk County Department of Health Services for
the proposed water supply and sewage disposal system.
The building permit application and all supporting documentation shall be
made in triplicate. Upon the issuance of a building permit, the building
Inspector shall return on (1) copy of all filed documents to the applicant.
The Building Inspector shall, within ten (10) business days after the filing
of a complete and properly prepared application, either issue or deny a
building permit. If a building permit is denied, the Building Inspector shall
state in writing to the applicant the reasons for such denial.
Every building permit shall expl re if the work authorized has not com-
menced within twelve (12) months after the date of issuance or has not
been completed within eighteen (18) months from such date. If no zoning
amendments or other regulations affecting the property have been
enacted 'n the interim, the building Inspector may authorize, in writing,
the extension of the permit for an additional six (6) months. Thereafter, a
new permit shall be required.
As soon as the foundation of a building or of any addition to an existing
building is completed and before first-stow framing or wall construction is
begun, there shall be filed with the Building Inspector an accurate sur-
vey, signed by the person responsible for said survey, showing the exact
location of such foundation with respect to the street and property lines of
the lot. No further construction shall be performed until such survey is
approved by the Building Inspector.
L. Permit fees.
(1)
The following fees shall be paid upon the filing of an application with
the Building Inspector for a building permit, which fees shall be paid
into the general fund if the application is approved or returned to the
applicant if the application is denied:
(a) Single-family dwellings:
[1]
New dwellings and alterations or additions to existing
dweltin[~s: seventy-five dollars ($75.), plus twenty cents
($0.20) for each square foot of floor area in excess of eight
hundred fifty (850) square feet.
-3-
(2)
(3)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
[2]
Accessory buildings and additions or alterations to existing
accessory buildings: thirty-five dollars ($35.), plus twenty
cents ($0.20) for each square foot of floor area in excess
of five hundred (500) square feet.
Farm buildings and additions or alterations to existing farm
buildings: fifty dollars ($50.) for each building.
Hotel, motel, multiple dwellings and business, industrial and all
other buildings, including wineries:
[1]
New buildings and additions and alterations to existing
buildings: one hundred fifty dollars ($150.), plus twenty-
five cents ($0.25) for each square foot of floor area in
excess of one thousand (1,000) square feet.
[2]
Accessory buildings and additions and alterations to
ex sting accessory bu dings: thirty-five dollars ($35.), plus
twenty cents ($0.20) for each square foot of floor area in
excess of five hundred (500) square feet.
Foundations constructed under existing buildings: seventy-five
dollars ($75.).
In-ground swimming pools, together with required enclosure
fencing: one hundred fifty dollars ($150.). Aboveground swim-
ming pools, together with required enclosure fencing: fifty
dollars ($50.).
All other structures (.e., fences, satellite dishes, etc.) and
additions and alterations to such structures: thirty-five dollars
($35.).
The permit fee for all signs shall be fifty dollars ($50.) per
permit.
Demolition and/or removal of any building: fifteen dollars ($15.)
minimum and ten cents ($0.10) for each square foot in excess
of three hundred (300) square feet of floor area.
If an application is denied and a Notice of Disapproval is issued, the
applicant shall pay a fee of twenty-five ($25) dollars.
For the purpose ~)f this Subsection L, cellars, decks, attached
garages and any habitable area shall be included in the calculation
of floor area.
-4-
II.
III.
(4)
Notwithstanding the foregoing, no fee shall be required of or paid by
taxing entities or districts, including but not limited to fire districts,
school districts, park districts and the like.
Chapter 100-281 is deleted in its entirety.
This Local Law shall take effect upon filing with the Secretary of State.
=5=
(Complete the certification tn the paragraph that applies to the filing of this local law and
strike out that which Is not applicable.)
I. (Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto, desi~znated as local law No....1..1 .............................. of 19?-~5---
o~&he ~O~ ~ .:~5~ )~Town)(3eSIlqu3~ of .... _S_ p_ _u_ _t _h_ _o. [ ~ ............................................... was duly passed by the
.... .l_.o..w_.n.__~9~_r_9_ ......................... on .___M..a_y.._3..0. .... 19 _.9_5_, in accordance with the applicable provisions of law.
(~Vam* ol L~giMadve Body)
2. 0Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duty passed by the
............................................... on .... 2 .............19 ---, and was (approved)(not approved)(repassed after
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ....,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No'. ................................... of 19-~
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approvedXrepassed after
(Name of Legi~latlvt Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority
the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19- ....in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, d~signated as local law No .................................... of 19
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. t9 ..... and was (approved)(not approved)(repassed after
(Name o[ Legi~lat~','e Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19- ....in
accordance wilh the applicable provmions of
El'e~tive Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of'a city or village, or
the supervisor ora town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora majority of'the
qualified electors of such city voting thereon at the (special)(general) election held on ................... 19 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Mun/cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the ci~-
ica of said county as a unit and a majodty of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph---J- ....... , above.
Clerk of tl~oumy leglslat~ve body, City, Town or V~e Clerk
or officer designated by [ocal legislative body
Judith T. Terry, Town Clerk
(Seal) Date: ~/. .
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF ~ YORK
coum'Yo~' SUFFOLK
I, the undersigned, hereby certify that the foregoing lo~al law contains the correct text and that all
proper
proceedings
or taken for the enactment of the local llw__ annexed hereto.~
been
had
Signature ~ ]
Laury L.Dowd, Town Attorney
T/tie
~ of Southold
Town
PUBLIC HEARING
SOUTHOLD TOWN BOARD
MAY 30, 1995
8:05 P.M.
IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO ~
BUILDING CODE".
Present:
Supervisor Thomas H. Wlckham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilwoman Ruth D. Oliva
Councilman Joseph L. Townsend, Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: We'll go on to the second hearing of the
evening.
COUNCILWOMAN OLIVA: "Public Notice is hereby given that there has
been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 15th day of May, 1995, a Local Law entitled,
"A Local Law in Relation to Building Code". Notice is further given that
the Town Board of the Town of Southold will hold a public hearing on
the aforesaid Local law at the Southold Town Hall, Main Road, Southold,
New York, on the 30th day of May, 1995, at which time all interested
persons will be heard. This proposed "Local Law in Relation to Building
Code" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 45-8 (Fire Prevention and Building Code. Uniform) of the Code of the
Town of Southold is hereby amended as follows:
No person, firm or corporation shall commence the erection,
construction, enlargement, alteration, removal, improvements, demolition,
conversion or change in the nature of the occupancy of any building or
structure, or cause the same to be done, without first obtaining a
separate building permit from the Building Inspector for each such
building or structure; except that no building permit shall be required for
the performance of ordinary repairs which are not structural in the nature.
pg 2 - PH
,....%
Any buildinq permit issued in violation of the provisions of this chapter
shall be null and void and of no effect without the necessity for any
proceedinqs, revocations or nullification thereof; and any work under-
taken or use established pursuant to the issuance of a permit in violation
of the provisions of this chapter shall be invalid.
pg 3 - PH
(b)
pg ~. - PH
........... r' ............................. ~ ............. ?.C;gOi I
(3)
Applications. Every application for a buildinq permit shall contain tho
followinq information and be accompanied by the required fee and a plo[
plan drawn to scale and siqned by the person responsible for each
drawing, tf no such plot plan is available, a survey is required, prepared
by a licensed enqineer or land surveyor. In addition, plans and specifica
tions shall be filed with the buildinq permit application to enable thc,
Buildinq Inspector to examine such plans to ascertain if the proposed
buildinq will comply with applicable buildinq construction, housinq and
fire codes.
The actual shapeI dimensions, radii, anqles and area of the lot on
which the buildinq is proposed to be erected, or of the lot on which it
is situated if an existinq buildinq, except in the case of the altera
tions of a buildinq which do not affect the exterior thereof.
(2) The section, block and lot numbers, if any, as they appear on thn
latest tax records.
The exact size and locations on the lot of the proposed buildinq u~
buiidinqs or structural alteration of an existinq buildin.q and of othe,
existinq buildin.qs on the same lot.
4.~ The dimensions of all yards in relation to the subject buildinq, and
the distances between such buildin.q and nay other existinq
build nqs on the same lot and adjacent loth
pg 5 - PH
The existinq and intended use of all buildin.qs, existing or proposed,
the use of land and the number of dwelling units the buildin,q is
desi.qned to accommodate; and the necessary computations tn
establish conformity to the bulk and density requlations
(6)
Such topographic or other information with regard to the buildinq,
the lot or neiqhborin.q lots as may be necessary to determine that
the proposed construction will conform to the provisions of this
chapter.
An application for a buildin.q permit for construction on a vacant lot
which is not on an approved subdivision map shall be accompanied
by a certified abstract of title issued by a title company which shall
show single and separate ownership of the entire lot prior to April 9,
1957.
D. No buildin,q permit shall be issued for the construction or alteration of any
buildin,q upon a lot without access to a street or hiqhway as provided by
Sec. 280-A of the Town Law.
No buildin,q permit shall be issued for any buildinq where the site plan of
such buildinq is subiect to approval by the Planning Board, except in
conformity with the plans approved by the said Board.
No buildin,q permit shall be issued for a building in any district where
such use is permitted by special exception unless and until such
approval has been duly granted by the board havinq iurisdiction thereof.
No building permit shall be issued for any building until approval has
been received from the Suffolk County Department of Health Services for
the proposed water supply and sewaqe disposal system.
The buildinq permit application and all supporting documentation shall b~
made in triplicate. Upon the issuance of a buildinq permit, the buildinq
Inspector shall return on (1) copy of all filed documents to the applicant.
The Buildinq Inspector shall, within ten (10} business days after the filinq
of a complete and properly prepared application, either issue or deny a
building permit. If a buildin,q permit is denied, the Buildinq Inspector shall
state in writinq to the applicant the reasons for such denial.
Every buildinq permit shall expire if the work authorized has not com
menced within twelve (12) months after the date of issuance or has not
been completed within eighteen (18) months from such date. If no zoninq
amendments or other requlations affecting the property have been
enacted in the interim, the buildinq Inspector may authorize, in writinq,
PUBLIC HEARING
SOUTHOLD TOWN BOARD
MAY 30, 1995
8:05 P.M.
IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO ~
BUILDING CODE".
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilwoman Ruth D. Oliva
Councilman Joseph L. Townsend, Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laur¥ L. Dowd
SUPERVISOR WICKHAM: We'll go on to the second hearing of the
evening.
COUNCILWOMAN OLIVA: "Public Notice is hereby given that there has
been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 15th day of May, 1995, a Local Law entitled,
"A Local Law in Relation to Building Code". Notice is further given that
the Town Board of the Town of Southold will hold a public hearing on
the aforesaid Local law at the Southold Town Hall, Main Road, Southold,
New York, on the 30th day of May, 1995, at which time all interested
persons will be heard. This proposed "Local Law in Relation to Building
Code" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 45-8 (Fire Prevention and Building Code, Uniform) of the Code of the
Town of Southold is hereby amended as follows:
No person, firm or corporation shall commence the erection,
construction, enlargement, alteration, removal, improvements, demolition,
conversion or change in the nature of the occupancy of any building or
structure, or cause the same to be done, without first obtaining a
separate building permit from the Building Inspector for each such
building or structure; except that no building permit shall be required for
the performance of ordinary repairs which are not structural in the nature.
pg 2 - PH
(2)
Any buildinq permit issued in violation of the provisions of this chapter
shall be null and void and of no effect without the necessity for any
proceedinqs, revocations or nullification thereof; and any work under-
taken or use established pursuant to the issuance of a permit in violation
of the provisions of this chapter shall be invalid.
pg 3 - PH
(1)
(b)
pg u,. - PH
~ ..... ~ .......... ~ ................................ h thu
(3)
Applications. Every application for a buildinq permit shall contain thn
followinq information and be accompanied by the required fee and a plot
plan drawn to scale and si.qned by the person responsible for each
drawinq. If no such plot plan is available, a survey is required, prepared
by a licensed enqineer or land surveyor. In addition, plans and specifica
tions shall be filed with the buildinq permit application to enable thn
Buildinq Inspector to examine such plans to ascertain if the proposed
buildin,q will comply with applicable buildinq construction, housin.q and
fire codes.
The actual shape, dimensions, radii, anqles and area of the lot on
which the buildin.q is proposed to be erected, or of the lot on which it
is situated if an existin,q buildinq, except in the case of the altera
tions of a buildinq which do not affect the exterior thereof.
(2) The sectionI block and rot numbers, if anY1 as they appear on thn
latest tax records.
f3)
The exact size and locations on the lot of the proposed buildinq or
buildinqs or structural alteration of an existinq buildinq and of other
existinq buildinqs on the same lot.
The dimensions of all yards in relation to the subject buildinq, and
the distances between such building and nay other existinq
buildinqs on the same lot and adjacent lots.
pg 5 - PH
(5) The existinq and intended use of all buildings, existinq or proposed,
the use of land and the number of dwellinq units the buildin.q is
designed to accommodate; and the necessary computations tn
establish conformity to the bulk and density requlations.
(6)
Such topo,qraphic or other information with regard to the building,
the lot or nei,qhborin,q lots as may be necessary to determine that
the proposed construction will conform to the provisions of this
chapter.
An application for a buildinq permit for construction on a vacant lot
which is not on an approved subdivision map shall be accompanied
by a certified abstract of title issued by a title company which shall
show sinqle and separate ownership of the entire lot prior to April 9,
1957.
D. No building permit shall be issued for the construction or alteration of any
building upon a lot without access to a street or hiqhway as provided by
Sec. 280-A of the Town Law.
No building permit shall be issued for any buildinq where the site plan of
such building is subiect to approval by the Planning Board, except in
conformity with the plans approved by the said Board.
No buildinq permit shall be issued for a building in any district where
such use is permitted by special exception unless and until such
approval has been duly granted by the board havinq jurisdiction thereof,
No buildinq permit shall be issued for any building until approval ha.~
been received from the Suffolk County Department of Health Services for
the proposed water supply and sewage disposal system.
The building permit application and all supporting documentation shall b~.
made in triplicate. Upon the issuance of a building permit, the buildin.q
Inspector shall return on (1) copy of all filed documents to the applicant.
The Buildinq Inspector shall, within ten (10) business days after the filin.q
of a complete and properly prepared application, either issue or deny a
building permit. If a buildin.q permit is denied, the Building Inspector shall
state in writing to the applicant the reasons for such denial.
Every buildinq permit shall expire if the work authorized has not com-
menced within t',velve (12) months after the date of issuance or has not
been completed within eighteen (18) months from such date. If no zoninq
amendments or other regulations affecting the property have been
enacted in the interim, the buildinq Inspector may authorize, in writinq,
pg 6 - PH
the extension of the permit for an additional six (6) months. Thereafter,
new permit shall be required.
As soon as the foundation of a buildin.q or of any add t on to an ex st nq
buildinq is completed and before first-'story framinq or wall constructior~ i~
be.qun, there shall be filed with the Buildinq Inspector an accurate sur-
vey, siqned by the person responsible for said survey, showin.q the exact
location of such foundation with respect to the street and property lines of
the lot. No further construction shall be performed until such survey in
approved by the Buildin,q Inspector.
L. Permit fees.
(1)
The followin.q fees shall be paid upon the filinq of an application with
the Buildinq Inspector for a buildin,q permit, which fees shall be paid
into the ,qeneral fund if the application is approved or returned to the
- applicant if the application is denied:
(a) Sin,qle-family dwellinqs:
New dwellinqs and alterations or additions to existinq
dwellin.qs: seventy-five dollars ($75.), plus twenty cents
(30.20) for each square foot of floor area in excess of ei.qht
hundred fifty (850) square feet.
AccesSory buildinqs and additions or alterations to existinq
accessory buildinqs: thirty-five dollars ($35.), plus twenty
cents ($0.20) for each square foot of floor area in exces~
of five hundred (500) square feet.
fb~ Farm buildinqs and additions or alterations to existinq farm
buildinqs: fifty dollars ($50.) for each buildin.q
.(~ Hotel, motel, multiple dwellin.qs and business, industrial and all
other buildinqs, includinq wineries:
New buildinqs and additions and alterations to existinq
buildinqs: one hundred fifty dollars ($150.), plus twenty
five cents ($0.25) for each sauare foot of floor area in
excess of one thousand (1,000) square feet.
Accessory buildinqs and additions and alterations tn
existinq accessory buildinqs thirty-five dollars ($35.), plus
twenty cents ($0.20) for each square foot of floor area in
excess of five hundred (500) square feet.
(.d) Foundations constructed under existinq buildinqs: seventy-fivo.
dollars ($75.).
pg 7 - PH
In~. round swimmin.q pools, toqether with required enclosure
fencinq: one hundred fifty dollars ($150.). Above.qround swim-
minq pools, toqether with required enclosure fencinq: fifty
dollars ($50.).
All other structures (i.e., fences, satellite dishes, etc./and
additions and alterations to such structures: thirty-five dollars
($35.).
fa~ The permit fee for all signs shall be fifty dollars ($50.) per
permit.
fh~ Demolition and/or removal of any buildinq: fifteen dollars ($15.)
minimum and ten cents ($0.10) for each square foot in excess
of three hundred (300) square feet of floor area.
If an application is denied and a Notice of Disapproval is issued, the
applicant shall pay a fee of twenty-five ($25) dollars.
For the purpose of this Subsection L, cellars, decks, attached
clara,qes and any habitable area shall be included in the calculation
of floor area.
Notwithstandinq the foreqoin,q, no fee shall be required of or paid by
taxin.q entities or districts, indudin,q but not limited to fire districts,
school districts, park districts and the like.
II. Chapter 100-281 is deleted in its entirety.
II1. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
** Strikethrough represents deletions.
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: May 15, 1995.
Judith T. Terry, Southold Town Clerk." I have an affidavit of
publication in The Suffolk Times, and an affidavit from Mrs. Terry, that
it has been published on the Town Clerk's Bulletin Board. There are no
further communications.
pg 8 - PH
SUPERVISOR WlCKHAM: I'd just like to comment, that this is part of the
effort of the Town Board to really do two things. One is to see that the
Code requirements, that the Town puts on our Building Department, are
consistent with what the New York State Building Code requires. That we
don't go substantially beyond that. The second thing is, that is pulls
together two almost verbatim sections of the Town Code, that say almost
the same thing, into just one set that says it a little more succinctly.
That all that this basically does. Is there anyone in the audience, who
would like to address the Town Board on this proposed Code change? (No
response.) If not, I~11 declare this hearing closed.
Southold Town Clerk
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
in said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Mattltuck, In the Town of
Southold, County of Suffolk and Stale of New York,
and that the Notice of which the annexed is a
printed copy, has been regularly published in said
Newspaper once each week for I weeks
surely, commencing on the ~ day of
Notary Public, State of New YoI~
No. 5004884 ~-
(~[~alifled in Suffolk County
; ,~ , ~ F~p es November 23 l~..Im~ Principal Clerk
Notary Public
Sworn to befdre me this ~
day of~ 19~z~
May 25, 1995
ON LO~AL LAW
PUBLIC NOTICE IS HEREBY
IfVEN dmt there ~ ~n ~sen~d
) the Town Board of t~ Town of
~M, Suffolk Coumy, N~ Y~,
~ entitled, ~A Locnl Lnw in
NOTICE IS FURTHER GIVEN
~ t~ Town Bo~ of ~ Town of
~M will hold a ~M~ hea~g
~ the aforesaid Local Law at the
~thold Town Hall, Main Road,
~h a proposed 'Local Law in
~IT ~N~CT~D, by the To
~ of t~ T~n of ~M ~ fol-
~i~ing Cod~, Unifo~) of thc
C~ of t~ Town of ~thold is
A No ~n, fi~ or ~on
building pe~it from the
B~ ~ f~ ~h such
no building pe~it shall be
of F.P-n; zn~-
.... r ..... , ....... r
hiehwav as nrovided by Sec.
280-A of the Town LOw.
E__. No buildine oermit shall be
site nlan of such buildine is sub-
j¢ct to anoroval bv the Plannine
_Board. excent in conformity with
1[!~ nlans anvroved by the said
Board.
IL No buildin~ oermit shall be is-
sued for a buildine in any districl
where such use is oermitted by
_special excention unless and until
~uch anoroval has been duly
granted by the board bovine
jglisdiction thereof.
.C& lqo buildine vemfil shall be is-
prgval has been received from
the Suffolk County Denartmem
91' Health Services for the oro
posed water suonlv and sewage
~Jisuosal system.
l:k The building permit aonlicafion
and all suonortine documentation
~hall be made in trinlicate. U~on
lhe issuance of a building nemfit.
the build(ne lnsnector shall
r~turn on (11 cody of all filed
0ocuments to the applicant.
k The Build(ns Insnector shall.
within ten ilO/ business days
after the filina of a comnlete and
pfooerlv nreDared anulication,
~ither issue or deny a building
permit. If a build(ne hermit is
denied, the Buildin~ lnsneclor
shall state in writin~ to the april(-
cant the reasons for such denial.
L Every build(ns hermit shall
~xoire if the work authorized has
~9t commenced within twelve
(121 months after the date of
i~suance or has not been com-
p|~ted within eighteen 418/
rponths from such date. If no
ulations affecting the 9rooert¥
have been enacted in the interim.
Ihe build(ne lnsnector may
authorize, in writlnm the exten-
sion of the hermit for an addi~
lionel six 46~ months. Thereafter.
~new permit shall be moulted,
lC As soon as the foundation of a
buildin~ or of any addition to an
exist(ne build(ne is comnleted
wall construction is begun, there
~hall be filed with the Balldin~
~i_~ned by the eerson resoonsible
for said survey, showin~ the
~xact Ideation of such foundation
p~onert¥ lines of the lot. No fur-
ther construction shMl be ncr-
formed until such survey is
aooroved bY the Buildine
Ipsnector.
L permit fees.
L[I The followin~ fees shall be
p0id unon the filina of an
application with the Buildina
lnsneclor for a buildina Der-
Fail. which fees shall be oaid
illin the eeneral fund if the
application is an~roved or
retained 1o the annlicant if the
apnlication is denied;
(a~ Single-family dwellinas:
II1 New dwellings and al-
terations or additions to
t3fiistin~ dwellings: sew
~3BIv-five dollars 4575./.
plus twenty ccnta
($0.201 for each sauare
-f991 or floor area in
LT=I Accessory buildings
flDd additions or alter-
cessorv buildings: thinv-
fiV~ dollars ($353. plus
twenty cents 450.20/ for
ilrea in excess of five
hundred 4500~ sauare
fl~ Filrm buildings and addi-
l~ons or alterations to
istin~ farm buildings: fifty
dollars l$503 for each
LO _}t~tel. motel, multinle
industrial and all other
les:
ILU. New buildines and
g00itions and alterations
one hundred fiR'/dollars
~$!50.L ~ins twenty-five
~e_Bts ($0.25t for each
square foot of floor area
il! excess of one thou:
LO ltl-ground swimmin~
[~1 Of floor area.
~Td !f an annlication is denied
lars~
~ i '
like.
hours.