A. Any right or liability established, accrued or incurred under any legislative provision of the Village of Plandome Heights prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.

B. Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village of Plandome Heights or any penalty, punishment or forfeiture which may result therefrom.

C. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law, brought pursuant to any legislative provision of the Village of Plandome Heights.

D. Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Plandome Heights.

E. Any local law or ordinance of the Village of Plandome Heights providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Village of Plandome Heights or any portion thereof.

F. Any local law or ordinance of the Village of Plandome Heights appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village of Plandome Heights or other instruments or evidence of the Village's indebtedness.

G. Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.

H. The levy or imposition of special assessments or charges.

I. The annexation or dedication of property.

J. Any local law or ordinance relating to salaries and compensation.

K. Any local law or ordinance amending the Zoning Map.

L. Any local law or ordinance relating to or establishing a pension plan or pension fund for municipal employees.

M. Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the Village.

N. Any local law adopted subsequent to 2-15-2003.

A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Plandome Heights, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Board of Trustees that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.

B. In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code.)

A. There is hereby created an Architectural Review Board (ARB). The terms and appointment of members and alternate members shall be as set forth in Chapter 1, General Provisions, Article IV, Boards, of this Code. [Amended 5-3-2004 by L.L. No. 1-2004]

B. Alternate members may serve in the absence of any member. Alternate members shall attend regularly scheduled meetings of the ARB or such meetings as determined by the ARB, and shall be without vote in regard to any application unless he/she is serving in the absence of another member.

C. All members of the ARB shall be persons deemed specially qualified by reason of training, experience or civic interest and by reason of sound judgment to judge the effects of a proposed building or exterior alteration on the nature and character of the community and of the immediate neighborhood, as provided in this chapter.

A. The ARB shall meet monthly as needed. All such meetings shall be open to the public in accordance with the Open Meetings Law.

B. A majority of the ARB shall constitute a quorum for the transaction of business.

C. The ARB shall keep a record of its proceedings. The ARB shall designate a recording secretary to prepare such records. Such records shall be kept in the Village office.

D. A vote of the majority of the 5 members of the ARB shall be necessary to take any action.

A. As soon as practicable, and in any event within 10 business days after receipt of an application for a permit involving the exterior appearance of a new or existing building or structure, or a group of such buildings or structures by the Building Inspector, the Building Inspector shall refer said application to the Village Clerk, who shall promptly transmit the same to the Chair of the ARB or, in the absence of the Chair, to the Deputy Chair of the ARB. Any permit application that does not comply with the zoning regulations must be approved by the Board of Appeals prior to submission to the Architectural Review Board. The Building Inspector shall only refer to the Village Clerk permit applications that are complete and which comply in all respects to Plandome Heights Building and Zoning Code. The Chair or Deputy Chair shall review the application and determine within 15 business days whether further review by the ARB is required or appropriate. [Amended 5-3-2004 by L.L. No. 1-2004]

B. Such further review shall be required by the Chair or Deputy Chair if the application is for construction of any new building or structure, or for an addition to or reconstruction or alteration of any existing building or structure in such manner as to change the exterior character or appearance of the building or structure. Such further review may be required by the Chair or Deputy Chair in all other instances. Any determination by the Chair or Deputy Chair not to conduct further review shall be communicated to the members of the Board of Trustees, including the Mayor, any one of whom may, within 10 days after such communication, overrule such determination and require further review.

C. Where further review by the ARB is to be conducted, the ARB shall meet with the applicant to consider the plans within 15 days of the Chair or Deputy Chair's determination. Such review shall be in accordance with the standards set forth in this chapter. Upon completion of such review, the ARB may approve, approve with modifications, or disapprove any matter referred to it by a concurring vote of a majority of the entire ARB. If the applicant disagrees with the ARB's decision, it may request a public hearing on the application.

D. The ARB shall conduct a public hearing within 28 days after receipt of the applicant's request. At least 10 days prior to such public hearing, the applicant for such permit shall give written notice of such public hearing to all owners of property within 200 feet of the property which is the subject of the application, as indicated on the most recent assessment roll of the Village, by certified mail, return receipt requested. Proof of mailing of such notice shall be filed with the Village Clerk no later than five days prior to such public hearing, and returned certified mail receipts shall be filed with the Village Clerk no later than one day before the public hearing. [Amended 3-6-2006 by L.L. No. 3-2006]

E. Regular meetings of the ARB shall be posted on the Village public bulletin board and on the local government access channel.

F. In addition to any plans, applications and specifications required by the Building Inspector, applications must be accompanied by plans showing elevations of all proposed new buildings and structures and all affected elevations in the case of additions or alterations to existing buildings and structures. All plans shall be signed and sealed by an architect or engineer licensed in New York State. The plans shall identify the colors and types of materials proposed and, unless waived by the ARB, material and color samples shall be brought to the hearing by the applicant. Photographs of the existing structure shall also be submitted.

G. The Building Inspector or ARB shall be entitled to require the applicant to provide any additional plans deemed necessary for a proper review of the application.

H. Final approved maps or plans, materials and specifications may not be altered in any way without the express prior approval of the ARB. Any requested changes of the approved plans or maps must be submitted for review at least 7 days prior to the next regularly scheduled meeting of the ARB and no construction work involving such changes shall be commenced or continued until approval of the ARB is granted and a building permit is issued. The ARB shall promptly act upon the revised application.

I. The Building Inspector shall, in cases of violation of the procedure in Subsection H of this section, order all work to be halted and, if necessary, revoke the building permit until such time that amended plans or maps are approved by the ARB.

A. In considering an application for a permit, the ARB shall take into account the natural features of the site and surrounding areas, the exterior design and appearance of existing buildings and structures, the character of the site and area, the fact that the Village is a community of traditional homes and the peculiar suitability of the site or area for particular purposes, all with a view toward conserving the values of property, encouraging the most appropriate and consistent uses of land in the Village and maintaining the traditional nature of the Village.

B. The ARB may approve an application upon finding that the building or structure for which the permit is requested, if erected or altered in accordance with the submitted plan:

C. In approving an application, the ARB may impose appropriate conditions and safeguards, including a requirement that an applicant plant bushes, shrubs or other landscaping, designed to prevent or minimize adverse effects of the proposed construction or alteration. [Amended 5-3-2004 by L.L. No. 1-2004]

D. The ARB may disapprove any application for a permit, provided that it finds and states that the building or structure for which the permit is requested would, if erected or altered as proposed:

E. Prior to disapproving any application, the ARB shall afford the applicant an opportunity to meet with it and discuss suggestions for changes in the application. The applicant will thereafter have a period of 30 days to submit a revised application in conformity with the ARB's suggested changes.

A. Purpose. These guidelines are intended to facilitate the design review process by encouraging certain design characteristics which are deemed appropriate in achieving the standards set forth in § 4-6.

B. Massing.

C. Materials.

D. Garages. If located in a front elevation of a residential building, the door or doors of a garage shall not have a total horizontal dimension which exceeds 50% of the horizontal dimension of the front elevation of the residential building.

E. Mechanical equipment. Exterior mechanical equipment should be excluded from the front elevation, indicated on all drawings, and shielded from view of all streets and adjacent properties.

F. Color. The ARB encourages the use of colors, singly or in combination, which are consistent with the visual character of the existing buildings and landscape of the Village. Strident color schemes or colors which compete with those of the natural landscape are strongly discouraged.

G. Design compatibility.

H. Impact on neighbors. Consideration of the proposed improvement will be given to both visual and functional impacts on neighbors. Visual impact refers to the aesthetic appearance of the property which includes design quality, massing and architectural style. Functional impact refers to such concerns as view, sunlight, ventilation and drainage. Examples of functional impacts include structural additions, which would cause a loss of sunlight to a neighboring dwelling, and an alteration in topography, which would change natural drainage to the detriment of a neighboring property.

A. Upon compliance by the employee with the provisions of § 19-5, the Village shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting within the scope of his public employment or duties or which is brought to enforce a provision of the United States Code Title 42, §§ 1981 or 1983. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the Village.

B. Subject to the conditions set forth in Subsection A, the employee shall be entitled to be represented by the Village Attorney; provided, however, that the employee shall be entitled to representation by private counsel of his choice in any civil judicial proceeding whenever the Village Attorney determines, based upon his investigation and review of the facts, that representation by the Village Attorney would be inappropriate, or whenever a court of competent jurisdiction, upon appropriate motion or by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by private counsel of his choice. The Village Attorney shall notify the employee in writing of such determination that the employee is entitled to be represented by private counsel of his choice. The Village Attorney may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. If the employee or group of employees is entitled to representation by private counsel under the provisions of this section, the Village Attorney shall so certify to the Board of Trustees. Reasonable attorneys' fees and litigation expenses shall be paid by the Village to such private counsel from time to time during the pendency of the civil action or proceedings, subject to certification that the employee is entitled to representation under the terms and conditions of this section by the head of the department, commission, division, office or agency in which such employee is employed and upon the audit and warrant of the Village Treasurer. Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorneys' fees shall be resolved by the court upon motion or by way of a special proceeding.

C. Where the employee delivers process and a request for defense to the Village Attorney as required by § 19-5, the Village Attorney shall take the necessary steps, including the retention of private counsel under the terms and conditions provided in Subsection B on behalf of the employee, to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense.

A. The Village shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in any state or federal court or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or settlement arose occurred while the employee was acting within the scope of his public employment or duties. The duty to indemnify and save harmless prescribed by this subsection shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee.

B. An employee represented by private counsel shall cause to be submitted to the Board of Trustees any proposed settlement which may be subject to the indemnification by the Village, and if not inconsistent with the provisions of this section, the Mayor shall certify such settlement and submit such settlement and certification to the Village Attorney. The Village Attorney shall review such proposed settlement as to form and amount and shall give his approval if in his judgment the settlement is in the best interest of the Village. Nothing in this subsection shall be construed to authorize the Village to indemnify or save harmless an employee with respect to a settlement not so reviewed and approved by the Village Attorney.

C. Upon entry of a final judgment against the employee or upon the settlement of the claim, the employee shall cause to be served a copy of such judgment or settlement, personally or by certified or registered mail within 30 days of the date of entry or settlement, upon the Mayor, and if not inconsistent with the provisions of this section, such judgment or settlement shall be certified for payment by such Mayor. If the Village Attorney concurs in such certification, the judgment or settlement shall be paid upon the audit and warrant of the Village Treasurer.

D. Nothing in this chapter shall authorize the Village to indemnify or save harmless an employee with respect to punitive or exemplary damages, fines or penalties; provided, however, that the Village shall indemnify and save harmless its employees in the amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his public employment or duties; has, without willfulness or intent on his part, violated a prior order, judgment, consent decree or stipulation of settlement entered in any court of the State of New York or of the United States.

A. His spouse, minor children and dependents, except a contract of employment with the Village.

B. A firm, partnership or association of which such Village employee is a member or employee.

C. A corporation of which such Village employee is an officer, director or employee.

D. A corporation, any stock of which is owned or controlled directly or indirectly by such Village employee.

A. Gifts. He shall not directly or indirectly, solicit any gift; or accept or receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties or was intended as a reward for any official action on his part.

B. Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest.

C. Representation before one's own agency. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.

D. Representation before any agency for a contingent fee. He shall not receive, or enter into any agreement, express or implied for compensation for services to be rendered in relation to any matter before any agency of his municipality, whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.

E. Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Board of Trustees and any officer or employee of the Village, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board of Trustees on any legislation before the Board of Trustees shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation.

F. Investments in conflict with official duties. He shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction, which creates a conflict with his official duties.

G. Private employment. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties.

H. Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Village in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration.

A. The Mayor shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Village within 30 days after the effective date of this chapter. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment.

B. Failure to distribute any such copy or failure of any officer or employee to receive such copy shall have no effect on the duty of compliance with such code, nor the enforcement provisions thereof.

A. No person shall own, harbor or possess more than 3 dogs or cats, of any sex or breed, on any one residential property within the Village. For purposes hereof, "harbor" or "harboring" shall mean providing shelter, food, sustenance or recreational facilities, or any combination of same for any dog or cat. By way of example, and not in limitation, "harboring" shall include permitting or suffering the presence of any dog or cat on any residential property within the Village, inside of any primary or accessory structure on any such residential property, or in any temporary or makeshift structure or cover, comprised of any combination of materials, designed or reasonably likely to be used, for the purpose of providing shelter to any dog or cat; or providing food, water or any consumable liquid, in any containers designed for use, or reasonably likely to be used by, a dog or cat; or providing on any residential property within the Village play materials or devices or recreational materials or devices used to attract, or reasonably likely to attract, domestic dogs or cats on to any residential property within the Village.

B. The presence on any one residential property of more than 3 dogs or cats at any one time shall be presumptive evidence that the owner of said property is in violation of this section. It shall be an affirmative defense to any alleged violation of this section that all persons residing at such property own, in the aggregate, not more than 3 dogs or cats, and that no person residing at such property has caused, suffered or permitted to exist any of the instances of "harboring" set forth in Subsection A of this section.

C. For the purposes of this section, it shall be presumed that any dog or cat harbored in a residential dwelling is owned, harbored and possessed by all adults residing in the residential dwelling wherein the dog or cat is being harbored.

D. Violations; appearance tickets.

E. Any person or persons who shall violate any provision of this section shall, upon conviction, be punishable as set forth in § 35-9 below.

F. All persons subject to this section shall have 90 days from the effective date hereof to comply with this section.

A. Inspection and control. The owner shall maintain a competent licensed professional engineer experienced in pile foundation installation on the site during pile installation to insure and certify pile installation.

B. Identification of piles. A plan showing clearly the designation of all piles by an identity system shall be kept. A record of pile driving shall be kept by owners representative of the total penetration of every pile and behavior of such pile during driving. Any deviation from the design location, alignment or load carrying capacity of any pile shall be promptly reported to the design engineer of record and adequate corrective measures shall be taken. Plans showing such deviations and corrective measures shall be filed with the Building Inspector. Upon completion of the pile driving, all pile driving records, together with the records of such additional borings or other subsurface information that were obtained during the installation of the piles shall be filed with proper certification with the Village Clerk.

A. The construction and installation of all equipment, accessories and appurtenances shall comply with the published standards, requirements and recommendations of the National Fire Protective Association, National Board of Fire Underwriters, American Standards Association and the American Society of Mechanical Engineers.

B. Labeling of equipment and accessories by the Underwriters Laboratories, Inc., American Gas Association or the American Society of Mechanical Engineers or Commercial Standard labeling will be accepted as conforming with design standards.

C. The materials, equipment and installation shall comply generally with the National Board of Fire Underwriters Building Code, Appendix 1, and specifically with the National Fire Protection Association Standard #54 when gas-fired; National Fire Protection Association Standard #70 (National Electrical Code) when electrical heating is used. [Amended 5-3-2004 by L.L. No. 1-2004]

A. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

B. Central air-conditioning systems may be installed only in accordance with the following:

C. In-window and in-wall air conditioners may be installed only on the side and rear windows or walls of a building.

A. A permit must be issued by the Building Inspector for the conversion of an oil heating system to a gas heating system. Prior to the issuance of a certificate of completion for such system a mercury test must be performed by a licensed plumber with the Building Inspector present.

B. A permit shall be required for the removal or abandonment of an in-ground oil tank. A site plan indicating the location of the in-ground oil tank shall be submitted as part of the permit application, in addition to the name and license number of the contractor who will perform the work. In-ground oil tanks with a capacity of more than 1,100 gallons must be removed in accordance with all applicable regulations. Tanks with a capacity of 1,100 gallons or less may remain in place provided they are drained, cleaned and filled with approved material with Health Department certification.

A. The Building Inspector shall be either a licensed professional engineer, registered architect, building contractor or construction superintendent of at least 5 years' practical experience or with such combination of experience as, in the opinion of the Board of Trustees, is equivalent, and shall be a certified Code Enforcement Officer by the New York State Department of State, or obtain such certification within 1 year of appointment.

B. The Building Inspector shall be appointed by the Mayor and approved by the Board of Trustees for a term of 1 year at a compensation to be fixed by the Board. He shall not be removed from office except for cause after a public hearing on specific charges before the Board of Trustees.

C. In the Absence of the Building Inspector, or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Board of Trustees, to designate a person to act on behalf of the Building Inspector and to exercise all the powers conferred upon him by this chapter. The Mayor shall have the power, with the consent of the Board of Trustees, to appoint an auxiliary code enforcer.

A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, alterations, repair, removal and demolition of buildings and structures, and installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.

B. The Building Inspector shall have the power to adopt rules with the consent of the Board of Trustees to secure the intent and purpose of this chapter and a proper enforcement of laws, ordinances and regulations governing building construction in any building or structure.

C. The Building Inspector shall receive applications and issue permits through the Village Clerk for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of insuring compliance with such laws, ordinances and regulations governing building construction.

D. The Village Clerk shall keep permanent official records of all transactions and activities of the Building Inspector, including all applications received, permits and certificates issued, fees charged and collected.

E. The Village Clerk shall, annually, submit to the Board of Trustees a written report and summary of all business conducted by the Building Inspector, including building permits and certificates of occupancy issued and fees collected.

F. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

A. Fences. No person, firm or corporation shall erect, construct, enlarge, alter, improve, convert or change any fence or permit or cause the same to be done without first obtaining a separate building permit from the Village Clerk for such fence; except that no building permit shall be required for the performance of ordinary repairs to any fence. [Amended 5-6-1991 by L.L. No. 3-1991; 5-3-2004 by L.L. No. 1-2004]

B. Buildings and structures. No person, firm or corporation shall erect, construct, enlarge, alter, remove, improve, demolish, convert or change the nature of or the occupancy of any building or structure, or permit or cause the same to be done, without first obtaining a separate building permit from the Village Clerk for each building or structure. [Added 5-3-2004 by L.L. No. 1-2004]

C. Application for a building permit shall be made to the Village Clerk on forms provided and shall contain the following:

D. 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.

E. Each application for a building permit shall be accompanied by 2 copies of plans and specifications, including plot plans drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, relationship of structures on adjoining property, width and grades of adjoining streets, walks and alleys, and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. [Amended 5-3-2004 by L.L. No. 1-2004]

F. Plans and specifications shall bear the signature of the person responsible for the design and drawings. The Building Inspector may waive the requirements for filing plans and specifications for minor alterations.

G. The Village shall not issue a building permit unless the applicant has provided proof of workers' compensation insurance and disability benefits coverage or an affidavit that the applicant has not engaged an employer or any employees to perform work relating to the building permit. [Added 5-3-2004 by L.L. No. 1-2004]

H. Amendments to the application or to the plans and specification accompanying the same shall be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector and payment of specified fee.

I. Nothing in this chapter shall prevent the Building Inspector from requiring such additional information as may be necessary to an intelligent understanding of any proposed work.

A. The Building Inspector shall examine or cause to be examined all applications for building permits and plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time.

B. Upon approval of the application, all sets of plans and specifications shall be endorsed with the word "APPROVED." One set of approved plans and specifications shall be retained in the files of the Village, 1 set shall be sent by the Village Clerk to the Nassau County Board of Assessors and 1 set shall be returned to the applicant together with the building permit and shall be kept at the building site open to inspection by the Building Inspector or authorized representative at all reasonable times.

C. If the application together with plans, specifications and other documents filed therewith the described proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such disapproval, together with the reasons therefore, to be transmitted to the applicant on the plans or in writing.

A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of 6 months after the date of its issuance. For good cause, the Building Inspector may allow extension for a period not to exceed 3 months. [Amended 4-7-1969]

B. Any project which is not completed within 1 year from the date of issuance of a building permit shall be deemed abandoned and it shall be the duty of the holder of the building permit or the owner of the premises, his agent, or duly authorized representative to backfill any open excavation up to the existing ground level. In case the construction of the building or structure has proceeded beyond the cellar excavation, all incompleted structures or openings shall be completely boarded up so as to prevent access to the building or structure in order to limit and prevent danger to persons or property and possible fire hazards.

C. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations.

D. It shall be unlawful to reduce or diminish the area of any lot or plot of which a plot diagram has been filed and has been used as a basis for a building permit, unless amended by a revised plot diagram showing the proposed change and shall have been filed and approved by the Building Inspector.

E. The location of a new building or structure, or an extension of an existing building or structure, shown on an accepted and approved plot diagram or an approved amendment thereof shall be strictly adhered to.

A. Where he finds that there has been a false statement or misrepresentation as to a material fact in the application, plans 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 building permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; or

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.

A. No building hereafter erected shall be occupied in whole or in part until the Building Inspector has examined and approved the proposed building as complying with all the provisions of this chapter and until a certificate of occupancy has been issued by the Village Clerk. [Amended 5-3-2004 by L.L. No. 1-2004]

B. No building hereafter enlarged, extended or altered, or upon which work has been performed shall continue to be occupied or used within 45 days after the substantial completion of the work except for reasons beyond the owner's reasonable control unless a certificate of occupancy shall have been issued by the Village Clerk. Failure to submit required documentation for the issuance of a certificate of occupancy within 45 days after the final inspection of the work shall be a violation of this section and shall be punishable as set forth in Chapter 1, General Provisions, Article III. [Amended 3-12-2001 by L.L. No. 1-2001; 5-3-2004 by L.L. No. 1-2004]

C. No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy shall have been issued by the Village Clerk.

A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he may conduct such inspection as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.

B. Before the Building Inspector shall examine or cause to be examined a new structure or new building, the applicant shall file with the Building Inspector:

A. When, after final inspection by the Building Inspector, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations; and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Village Clerk shall issue a certificate of occupancy. If it is found that the proposed work has not been property completed, the Village Clerk shall refuse to issue a certificate of occupancy and the Building Inspector shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.

B. The certificate of occupancy shall certify that the work has been completed, and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.

A. If the Building Inspector finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specific repairs and improvements are completed, inspected, and approved by the Building Inspector. The Building Inspector shall cause to be posted at each entrance of such a building a notice: THIS BUILDING IS UNSAFE AND ITS USE OF OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR.

B. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation, or their agents to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making repairs or of demolishing same.

A. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;

B. Require that uses vulnerable to flood