HomeMy WebLinkAbout1987 Code Supplement - 04/25/1987GENERAL CODE PUBLISHERS CORP.
INSTRUCTIONS
Town of Southold Code Supplement No. 38
The enclosed new and/or replacement pages should be placed in
your Code volume immediately! The dateline, on the lower right
• corner, indicates when the supplement was printed, not the adoption
date of the Code changes. The adoption date of the most recent
legislation included in this supplement is 12-16-86 (L.L. No. 17-1986).
•
The page numbers should always correspond with this list.
REMOVE INSERT
10069- 10074 10069 -10074
----- 10074.1
Legislation, by number or date of adoption, included in this
supplement: L.L. No. 17-1986.
4-25-87
l "
§ 100-141 ZONING § 100-141
Building Inspector may authorize, in writing, the ex-
tension of the permit for an additional six (6) months.
Thereafter, a new permit shall be required. [Amended 5.30-
75 by L.L. No. 3-19751
I. As soon as the foundation of a building or of any addition
to an existing building is completed, and before first -story
• framing or wall construction is begun, there shall be filed
with the Building Inspector an accurate survey, 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.
J. Permit fees. [Amended 7-13-73; 2-1-83 by L.L. No. 2-1983;
7-17-84 by L.L. No. 8-1984; 1-8-85 by L.L. No. 1-1985; 5-20-
85 by L.L. No. 3-1986; 12-16-86 by L.L. No. 17-1986]
(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 additions to existing dwell-
ings: fifty dollars ($50.), plus fifteen cents
($0.15) for each square foot of floor area in
excess of eight hundred fifty (850) square feet.
[2] Accessory buildings and additions and altera-
tions to existing accessory buildings: twenty-
five dollars ($25.), plus fifteen cents ($0.15) for
• each square foot of floor area in excess of five
hundred (500) square feet.
(b) Farm buildings and additions and alterations to
existing farm buildings: fifty dollars ($50.) for each
building.
(c) Hotel, motel, multiple dwellings and business,
industrial and all other buildings:
10069 4 -25-87
§ 100-141 SOUTHOLD CODE § 100-142
[1] New buildings and additions and alterations to
existing buildings: one hundred dollars ($100.),
plus twenty cents ($0.20) for each square foot of
floor area in excess of one thousand (1,000)
square feet.
[2] Accessory buildings and additions and altera-
tions to existing accessory buildings: twenty- •
five dollars ($25.), plus fifteen cents ($0.15) for
each square foot of floor area in excess of five
hundred (500) square feet.
(d) Foundations constructed under existing buildings:
seventy-five dollars ($75.).
(e) Swimming pools, together with required enclosure
fencing. one hundred fifty dollars ($150.).
(f) All other structures (i.e., fences, etc.) and additions
and alterations to such structures: twenty-five
dollars ($25.).
(g) Signs. the fee for all signs, except signs permitted by
§ 100-30C(6xa), shall be one dollar ($1.) for each
square foot of sign area, with a minimum fee of
twenty-five dollars ($25.).
(h) Demolition and/or removal and/or relocation of any
building: ten dollars ($10.) minimum and five cents
($0.05) for each square foot in excess of three
hundred (300) square feet of floor area.
(2) For the purposes of this Subsection J, cellars, decks,
attached garages and any habitable area shall be
included in the calculation of floor area.
§ 100-142. Revocation of permit. is
The Building Inspector may revoke a building permit
theretofore issued and approved in the following instances:
10070 4 -25 -87
§ 100-142 ZONING § 100-144
A. Where he finds that there has been any false statement or
misrepresentation as to a material fact in the application,
plan or specifications on which the building permit was
based.
B. Where he finds that the building permit was issued in error
and should not have been issued in accordance with the
• applicable law.
C. Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions
of the application, plans or specification.
D. Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by
the Building Inspector.
§ 100-143. Stop orders. [Amended 6-26-76 by L.L. No. 3-1976]
Whenever the Building Inspector has reasonable grounds to
believe that work on any building or structure is being prosecuted
in violation of the provisions of the applicable law, ordinances or
regulations, or not in conformity with the provisions of an ap-
plication, plans or specifications on the basis of which a building
permit was issued, or in an unsafe and dangerous manner, he shall
notify the owner of the property, or the owner's agent or the
person performing the work, to suspend all work, and any such
persons shall forthwith stop such work and suspend all building
activities until the stop order has been rescinded. Such order and
notice shall be in writing and shall state the conditions under
which the work may be resumed, and may be served upon a person
to whom it is directed either by delivering it personally to him or
by posting the same upon a conspicuous portion of the building
• under construction and sending a copy of the same by certified
mail.
§ 100-144. Certificates 'of occupancy.
A. A certificate of occupancy shall be applied for from the
Building Inspector and it shall be unlawful to do any of the
following until a certificate of occupancy is issued therefor:
10071 4 -25-87
§ 100-144 SOUTHOLD CODE § 100-144
(1) Occupancy and use of a building erected, recon-
structed, restored, structurally altered or moved, or
any change in use of an existing building.
(2) Occupancy, use or any change in the use of any land.
(3) Any change in use of a nonconforming use.
B. No certificate of occupancy shall be issued for the use of a
building or lands requiring a special exception or special
permit by the Board of Appeals, or for any land or use
requiring a site plan approval by the Planning Board,
unless and until such special exception or special permit
use or site plan approval has been duly granted. Every
certificate of occupancy for which a special exception,
special permit or site plan approval has been granted, or in
connection with which a variance has been granted by the
Board of Appeals, shall contain a detailed statement of any
condition to which the same is subject. [Amended 7-31-73]
C. 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, or
If. not available, by a survey prepared by a licensed land
surveyor or engineer, showing the location of the building
as built. Such certificate shall be issued within ten (10)
days after receipt of the properly completed application,
provided that the application states that all requirements
of all other applicable codes or ordinances in effect are
complied with.
D. If the proposed use is in conformity with the provisions of
this chapter and all other applicable codes and ordinances, •
a certificate of occupancy for the use of vacant land or for a
change of use or a nonconforming use shall be issued by the
Building Inspector within ten (10) days after receipt of a
properly completed application. If a certificate of oc-
cupancy is denied, the Building Inspector shall state the
reasons therefor in writing to the applicant.
10072 4 -25-87
§ 100-144 ZONING § 100-144
E. Every application for a certificate of occupancy or a
temporary certificate of occupancy shall be accompanied by
the fee hereinafter specified. Copies of such certificate will be
issued upon the payment of the fee hereinafter specified.
[Amended 12-16-86 by L.L. No. 17-1986]
F. A certificate of occupancy shall be deemed to authorize and -is
required for both initial occupancy and use of the building or
land to which it applies.
G. Upon written request and upon payment of the fee hereinafter
specified, the Building Inspector shall, after inspection, issue a
certificate of occupancy for any building or use thereof or of
land existing at the time of the adoption of this chapter, or any
amendments thereto, certifing such use and whether or not
the same and the building conform to the provisions of this
chapter. [Amended 2-1-83 by L.L. No. 2-1983; 12-16-86 by
L.L. No. 17-1986]
H. 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 town or to any persons .having
an interest in the building or land affected.
[Added 12-16-86 by L.L. No. 17-1986] Certificate of
occupancy fees. The following fees shall be paid -upon the filing
of an application with the Building Inspector for a certificate
of occupancy, which fees shall be paid into the general fund if
the application is approved or returned to the applicant if the
application is denied:
(1) Business buildings and/or business uses and additions
and alterations thereto: fifty dollars ($50.).
(2) New dwellings and additions and alterations thereto:
twenty-five dollars ($25.).
• (3) Accessory buildings and additions and alterations there-
to: ten dollars ($10.).
(4) Preexisting dwellings: fifty dollars ($50.).
(5) Vacant land: twenty dollars ($20.).
10073 4.25.87
§ 100-144 SOUTHOLD CODE § 100-146
(6) Updated certificates of occupancy by reason of additions
or alterations: fifty dollars ($50.).
(7) Copies of certificates of occupancy issued five (5) or less
years ago: five dollars ($5.).
(8) Copies of certificates of occupancy issued more than five
(5) years ago: ten dollars ($10.). •
§ 100-145. Penalties for offenses. [Amended 7-31-73; 4-24-84 by
L.L. No. 5-1984'1
For each offense against any of the provisions of this chapter or
any regulations made pursuant thereto or for failure to comply
with a written notice'or order of any Building Inspector within the
time fixed for compliance therewith, the owner, occupant, builder,
architect, contractor or their agents or any other person who
commits, takes part or assists in the commission of any such
offense or who shall fail to comply with a written order or notice of
any Building Inspector shall, upon a first conviction thereof, be
guilty of a violation punishable by a fine of not exceeding five
hundred dollars ($500.) or by imprisonment for a period not to
exceed fifteen (15) days, or both. Each day on which such
violation shall occur shall constitute a separate, additional of-
fense. For a .second and subsequent conviction within eighteen
(18) months thereafter, such person shall be guilty of a violation
punishable by a fine not exceeding one thousand five hundred
dollars ($1,500.) or by imprisonment for a period not to exceed
fifteen (15) days, or by both such fine and imprisonment.
§ 100-146. Remedies.
In case any building or structure is erected, constructed, •
reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used, in violation of this chapter or of
any regulations made pursuant thereto, in addition to other
remedies provided by law, any appropriate action or proceeding,
whether by legal process or otherwise, may be instituted or taken
I Editor's Note: This local law further provided that it shall supersede, in its ap-
plication to the Town of Southold, § 288 of the Town Law.
10074 4 - 25 - 87
§ 100-146 ZONING § 100-152
to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, or to restrain,
correct or abate such violation, or to prevent the occupancy of said
building, structure or land, or to prevent any illegal, act, conduct,
business or use in or about such premises.
• ARTICLE XV
Amendments
§ 100-150. Procedures.
The Town Board, upon its own motion or by petition, may, from
time to time, amend, supplement, change, modify or repeal this
chapter, including the Zoning Map, by proceeding in the following
manner:
A. The Town Board, by resolution adopted at a stated
meeting, shall fix the time and place of a public hearing on
the proposed amendment and cause notice thereof to be
given pursuant to the provisions of the Town Law.
B. The Town Board, before advertising for a public hearing,
shall, in a written- request, instruct the Town Planning
Board to prepare an official report defining the conditions
described in a petition and to determine the area so af.
fected, with its --recommendations.
§ 100-151. Fees. [Amended 11-15-83 by L.L. No. 13-1983;1-8-85
by L.L. No. 1-1985]
Every petition for a change or amendment to this chapter or the
Zoning Map shall be filed with the Town Clerk and shall be accom-
panied by a fee of five hundred dollars ($500.).
•
§ 100-152. Notice of proposed change of zone classification.
[Added 5-30-75 by L.L. No. 3-19751
A. In the case of a petition requesting a change in zoning
district classification, in addition to the notice required by
(Cont'd on page 10075)
10074.1 4-25-87