§ 2-9. Permit required; application., Article I. Building Construction, Chapter 2. Administration and Enforcement, Code of Ordinances, North Hempstead

No person, firm or corporation shall commence the alteration of any lot or parcel, including the erection, construction, enlargement, alteration, removal, improvement, demolition or conversion of any building or structure or tree, or part thereof, or change the nature of the occupancy of any building or structure or cause the same to be done or the removal of trees without first filing with the Building Commissioner an application for such removal, construction, alteration, moving or demolition or installation of elevator, heating or heat-producing appliance or equipment, other than ordinary stoves or ranges, and obtaining a permit, except that no permit shall be required for the performance of ordinary repairs which are not structural in nature.

Such application shall be made to the Building Commissioner on forms provided by him and shall contain the following information:

(1)

A description of the land on which the proposed work is to be done.

(2)

A statement of the use or occupancy of all parts of the land and the proposed building structure.

(3)

The valuation of the proposed work.

(4)

The full name and address of the owner and of the applicant, and the names and addresses of their officers if any of them are corporations.

(5)

A brief description of the nature of the proposed work.

(6)

A duplicate set of plans and specifications as set forth in Subsection G of this section.

(7)

A short environmental assessment form, as set forth in Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

[Added 12-16-2003 by L.L. No. 15-2003]

(8)

A statement from the applicant and owner disclosing:

[Added 12-16-2003 by L.L. No. 15-2003]

(a)

Whether the soils on or the groundwater beneath the land on which the proposed work is to be done has been contaminated by hazardous waste; and

(b)

Whether the lot or parcel on which the proposed work is to be done is subject to a consent order and a plan. If the lot or parcel is subject to a consent order and a plan, the applicant and owner shall provide a copy of such consent order and plan, along with the names, addresses, telephone numbers, and other contact information of any regulatory agency deemed relevant by the Commissioner of Buildings. No permit will be issued if the Building Commissioner determines, based upon information provided by a regulatory agency, that the owner or applicant is not in compliance with the consent order or plan.

(c)

For the purposes of this § 2-9B(8):

[1]

The term "hazardous waste" shall have the same meaning as set forth for said term in Part 371 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

[2]

The term "consent order" shall mean an order issued by a regulatory agency for the remediation or monitoring of hazardous waste contaminating either the soils on or the groundwater beneath the land on which work is proposed hereunder.

[3]

The term "plan" shall mean a plan for the remediation or monitoring of hazardous waste contaminating either the soils on or the groundwater beneath the land on which work is proposed hereunder, which has been approved by a regulatory agency as part of a consent order.

[4]

The term "regulatory agency" shall mean the United States Environmental Protection Agency, the New York State Department of Environmental Conservation, the Nassau County Department of Health, or any other federal, state, or local agency, board, department, or other entity overseeing compliance with the consent order and implementation of a plan.

Editor’s Note: This local law also redesignated former Subsection B(8) as B(9).

(9)

Such other information as may reasonably be required by the Building Commissioner to establish the compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.

Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.

If the application contemplates the moving of an existing building or structure from one location to another, it shall be accompanied by a description of the method to be used and a statement of the route to be followed. If the performance of the work requires the removal of a tree or trees, it shall be accompanied by a tree removal permit application as required by § 2-9T. Permits from the state, county, Town and/or village authorities shall be submitted at the time of making application for the permit.

The Building Commissioner shall require a separate application to be filed for an elevator installation, but in case such separate application is filed by the same applicant in connection with and relating to an application to construct or alter a building or structure, it shall not be necessary to duplicate the affidavit attached to, or information contained in, the application to construct or alter.

Nothing in this section shall prevent the Building Commissioner from requiring such additional information as may be necessary for an intelligent understanding of any proposed work.

Each application for a building permit shall be accompanied by duplicate plans and specifications, and duplicate original property surveys representing existing conditions stamped and sealed by a licensed land surveyor. The applicant shall type or print legibly all pertinent information on the applications. The plot plan shall be drawn to scale and shall show the location, size, shape and dimensions of the property, the setbacks from the property lines and the size of all existing and proposed buildings, additions and/or structures on the property. The plot plan shall show the location, type and size of all trees, indicating those trees to remain, those to be removed and those to be planted. Notwithstanding the above, property surveys representing existing conditions shall not be required for interior alterations or renovations that do not alter or change the footprint or the exterior shell of the building or structure, including but not limited to exterior walls and the roof, for which the building permit is sought.

[Amended 6-19-2012 by L.L. No. 10-2012]

The plans shall be drawn to scale and shall show all necessary details of all structural, mechanical, electrical, and plumbing work to be performed.

Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer.

The Building Commissioner may waive the requirement for filing plans and specifications for minor alterations.

An application to demolish shall give the full name and address of the owner or owners, the applicant and the person who is to do the work and the lot number or street number of the premises. If the performance of the work requires the removal of a tree or trees, it shall be accompanied by a tree removal permit application as required by § 2-9T.

Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Department and approval received from the Building Commissioner prior to the commencement of such change of work. Amendments shall be limited to minor changes, alterations, improvements or modifications to the work contemplated within the original permit application and/or plans and specifications which accompanied same. Amendments shall not include substantive changes, modifications, alterations or improvements to the work contemplated within the original permit application and/or plans and specifications which accompanied same. Substantive changes, modifications, alterations or improvements shall require the filing of an original permit application, together with the appropriate fees and supporting documentation prior to the commencement of work thereon.

[Amended 5-8-2007 by L.L. No. 3-2007]

No building permit shall be issued for or in connection with any parcel of realty until the applicant for said permit shall have received the approval of a site or topographical map providing for drainage facilities and drainage so as to ensure adequate protection for the surrounding areas, except in those instances where the Building Commissioner deems it not necessary due to topography. Said topographical map shall include all factors which are material, i.e., surface drainage, existing structures, future development, elevations of surrounding areas, actual and potential capacities of all stormwater basins and pools and the size thereof. Said topographical survey shall be submitted to the Building Commissioner after the necessary approvals shall have been obtained from the Nassau County Department of Public Works in accordance with the requirements of the General Municipal Law (§ 239) if required.

Minor structures; temporary buildings; tents. Temporary one-story frame buildings on lots whereon buildings are in the course of erection or on adjoining vacant lots, or sales or operating offices in connection with the development of subdivision of property, or platforms, stands, election booths and circus or exhibition tents, intended for temporary use only, may be erected upon permit issued by the Commissioner of Buildings, but not otherwise; but no such permit shall authorize the maintenance of such temporary building or other structure for a period exceeding six months from the date of said permit, unless said permit be renewed by the Commissioner of Buildings from time to time for consecutive periods not exceeding six months. Tents are permitted on a temporary basis under the following conditions.

(1)

The purpose for such tent is a permitted use in the zoning district.

(2)

The permit applicant submits plans describing the tent, its location on the property and provisions for vehicular parking.

(3)

The tent has such provisions for public health and safety as may be required by the circumstances.

(4)

The Nassau County Fire Marshal has approved the tent.

(5)

The permit applicant submits an insurance certificate in the minimum amount of $250,000 for bodily injury, naming the Town of North Hempstead as an additional insured for the duration of the tent.

(6)

The permit applicant submits a consent to removal by the Town and a bond or cash deposit in an amount determined by the Commissioner of Buildings to cover the cost of removal of the tent, if the applicant fails to remove it upon expiration of the permit.

(7)

A permit may be approved for a maximum of 15 days with an extension, subject to approval of the Commissioner of Buildings, for an additional 15 days.

Unlawful use. It shall be unlawful to use any temporary structure for any purpose other than that designated in the permit.

Removal. Every temporary structure shall be removed at the expiration of the period for which the permit was issued unless such permit is renewed.

Upon application for a permit for a temporary structure, in addition to the prescribed fee, a cash deposit shall be required in an amount to be determined by the Building Commissioner, to guarantee the removal of said structure at the expiration of the period for which the permit is issued or, in case of default of the provisions of this section, to be forfeited to the Town of North Hempstead and used to defray the expense of removal of said structure. Such deposit shall be returned to the applicant upon his removal of the structure and compliance with the provisions of this article.

Temporary buildings other than those mentioned above, which may be permitted in connection with a use permit granted by the Board of Appeals, shall comply with the regulations of the Board of Appeals for such buildings, and shall also be subject to the provisions of Subsection N of this section.

Alterations and additions. Within the fire limits, no building or structure of frame construction or of unprotected metal construction shall be hereafter extended on any side unless the construction of such extension conforms to the requirements of this chapter for new construction, and provided that the area of the building as extended shall not exceed the allowable area for frame construction.

Tree removal permits.

(1)

No person, firm or corporation shall remove any tree or trees on private property without first obtaining a tree removal permit.

[Amended 6-19-2012 by L.L. No. 10-2012]

(a)

If the removal of a tree(s) on private property is in connection with another activity for which a permit is required under § 2-9A of this Code, a tree removal application as described in this subsection is required. In this section a "tree" is defined as any living woody plant which is six inches or more in diameter at a height of 4 1/2 feet above the base of the trunk, including its root system and the environment within the area defined by the outermost limits of its branches.

(b)

If the removal of a tree(s) on private property is not in connection with any other activity for which a permit is required under § 2-9A of this Code, an applicant is subject to the definitions and tree removal application requirements as described in Chapter 20A.

(2)

If any such tree removal occurs within the six months prior to the filing of an application for a permit required by § 2-9A, the removal of a tree or trees is deemed to have taken place in connection with the permit required by § 2-9A. This subsection shall not apply to any tree removal that occurred within the six-month period prior to the effective date of this subsection.

(3)

In addition to the information required by §2-9B of this Code, an application for a tree removal permit shall also include the following information:

(a)

The name and address of the applicant and status of legal entity.

(b)

The status of the applicant with respect to the land.

(c)

Written consent of the owner or owners of the land, if the applicant is not the owner or sole owner.

(d)

The location of the property, including the section, lot and block number and street address.

(e)

The reason tree removal is sought.

(f)

The condition of each tree with respect to disease and danger of falling.

(g)

A description of the size and type of each tree to be removed, including common name and/or botanical name.

(h)

Such other information as may reasonably be required by the Building Commissioner to establish compliance with this section, including, but not limited to, the following:

[1]

A signed statement from a New York State certified arborist indicating the health of the tree.

[2]

An erosion control plan.

[3]

Photos of each tree to be removed.

[4]

A survey noting the location of any structures or utilities endangered by the tree.

[5]

Alternative mitigation if the tree acts as a visual and/or noise barrier to a road or highway.

[6]

Proposed methods to ensure the protection of remaining trees. A copy of the Tree Standards and Specifications will be provided to the applicant.

[7]

Flagging of each tree to be removed.

(4)

In making the determination to grant or deny the application, the Building Commissioner shall be guided by the following criteria:

(a)

The ability of the applicant to rearrange the layout of proposed structures to minimize the removal of trees.

(b)

The necessity of removal or alteration of the tree in question.

(c)

The condition of the tree with respect to disease and danger of falling. In the event that the diseased condition of the tree is not evident, the Building Commissioner maintains the right to require the applicant to submit proof from a New York State certified arborist.

(d)

The proximity of the tree to proposed or existing structures.

(e)

Whether the tree endangers the usefulness of a public sewer or public utility.

(f)

The significance of the tree in regard to:

[1]

The size of the tree.

[2]

The rarity of the species.

[3]

The historical value of the tree.

(g)

The effect of the removal on:

[1]

The character of the site with respect to vegetation management practices.

[2]

Ecological systems.

[3]

The existing screening of any road or highway bordering the property in question.

[4]

Erosion control from the parcel on which the tree is to be removed and its impact on adjacent parcels.

(h)

Whether a denial of the permit will result in unnecessary hardship or severe financial loss to the applicant.

(5)

Tree replacement guidelines. Each tree removed of a diameter of six inches or greater subject to the tree replacement guidelines enumerated in this subsection.

(a)

Fifty percent of the total tree diameter removed must be replaced.

(b)

The tree(s) to be planted in replacement shall be located on the same parcel from which the tree(s) is proposed to be removed.

(c)

The proposed location of the new tree(s) shall be approved by the Building Commissioner.

(d)

The tree(s) to be planted in replacement shall be from a similar size class or from a larger size class as the tree(s) removed. Size classes are enumerated in the Tree Standards and Specifications to be promulgated by the Building Commissioner.

(e)

If the Building Commissioner determines that the site does not allow for the planting of the required number of trees, the Building Commissioner shall require the applicant to plant the maximum number of trees possible, with any remaining trees to be replaced with shrubbery, provided the plant selection has met his prior approval, as a condition of a tree removal permit. If the site does not permit the planting of shrubs, the Building Commissioner shall require the applicant to pay an additional fee to the Commissioner of Buildings in an amount determined by the applicant and confirmed by the Commissioner to be equal to the estimated cost of the required number of trees and/or shrubs.

(f)

All required tree plantings shall occur between April 1 and December 1 and 90 days after the tree removal.

[1]

If plantings cannot occur within 90 days of the removal due to the above planting time restrictions, the Commissioner of Buildings may require the applicant to deposit a performance bond or a cash deposit in the form of a certified check with the Commissioner of Buildings in an amount which shall be determined by the applicant and confirmed by the Commissioner to be equal to the estimated cost of planting the required number of trees and/or shrubs and, if applicable, stabilizing the site. The term of said deposit or performance bond shall not exceed a period of six months, and the deposit or bond shall not be released until the plantings have been satisfactorily completed in accordance with the approved tree removal permit.

[a]

In the event of a default, such bond or cash deposit shall be forfeited to the Town Parks Department for additional plantings in Town parks, and the applicant shall be found to be in violation of the conditions of the tree removal permit. The Commissioner of Buildings shall determine the remedy of the violation; however, in no circumstances shall such forfeiture of the bond serve as a remedy of the violation.

[b]

Upon satisfactory completion of the contemplated work in accordance with the application and this chapter, such bond or cash deposit shall be released by the Commissioner of Buildings. Satisfactory completion of the work shall be evidenced by the Commissioner of Buildings.

(6)

In the event that the Building Commissioner denies a request for a tree removal permit, the applicant may appeal his decision to the Board of Zoning and Appeals pursuant to § 70-225M.

(7)

No permit will be issued for tree removal unless:

(a)

The application is accompanied by plans for the development of the land from which such tree is to be removed and of any other land on the same tax lot or lots; or

(b)

The application demonstrates a serious threat to public health and safety, which can be solved by removal of such tree.