§ 105-109. Administration., Article XIII. Economic Development A District, Chapter 105. Zoning, Part II. General Legislation, Code of Ordinances, Lake Success

Administrative official. The Building Inspector shall administer and enforce this Article. He may be provided with the assistance of such other persons as the Board of Trustees or the Planning Board may direct.

Planning Board approval. No building shall be erected, altered or used, and no lot or premises shall be used unless the Planning Board shall have approved the proposed use, the building plans and site plan as complying with the development policy of the Village and the performance standards hereinabove set forth.

Time limitation. The proposed use, the building plans and site plan, or amendment thereof, shall be approved or disapproved by the Planning Board within 60 days after the completion of the filing thereof, or the filing of an amendment thereof, and the filing of all evidence requested by the Planning Board by delivering the same to the Village Clerk.

Disapproval. Disapproval of the proposed use, the building plans or site plan shall be by written notice mailed by the Village Clerk to the applicant, which notice shall state the reason or reasons for such disapproval. The Building Inspector shall receive copies of such notice of disapproval.

Approval. Approval of submitted proposed use, building plans and site plan by the Planning Board shall be based on conformity of said use and plans to the provisions of this Article, and such approval shall be by resolution of the Planning Board, copies of which shall be mailed by the Village Clerk to the applicant and to the Building Inspector. At the same time, the Planning Board shall deliver to the Building Inspector duplicate copies of all related building plans and site plan as approved.

No waiver. No approval by the Planning Board of any proposed use, any building plans or site plan shall constitute a waiver of any other pertinent codes, regulations, requirements or ordinances of the Incorporated Village of Lake Success or any other properly constituted jurisdictional authority.

Building permit. No building permit shall be issued by the Building Inspector for any construction or installation within the scope of this Article unless there shall have been filed with the Building Inspector, along with the application for building permit, a certified copy of the Planning Board resolution approving the proposed use, the building plans and site plan.

Discretion in Planning Board. In studying the proposed use, the building plans and site plan, the Planning Board and the Building Inspector shall consider all factors they deem pertinent with specific relationship to the development policy of the Village and the performance standards hereinabove set forth in § 105-95. In considering any proposed use, building plans or site plan hereunder, the Planning Board and the Building Inspector shall endeavor to assure safety and convenience of traffic movement, both within the limits of the site and in relation to access streets, harmonious and beneficial relation among the buildings and uses on the site and satisfactory and harmonious relation between the site and contiguous land and buildings and adjacent neighborhoods, all in furtherance of the purpose of this chapter.

Certificate of occupancy.

(1)

It shall be unlawful to use or occupy or permit the use or occupancy in the ED-A District of any building or premises, or part thereof, hereafter created, erected, changed, converted or wholly or partially altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the Building Inspector stating that the proposed use of the building or land conforms with the requirements of this Article.

(2)

No approved use of any building for which a certificate of occupancy shall have been issued shall be changed unless:

(a)

Prior written application for a new use permit shall have been made to the Planning Board.

(b)

The Planning Board shall have determined that the proposed new use is:

[1]

In compliance with the development policy of the Village.

[2]

In conformity with the performance standards set forth in §§ 105-95 and 105-97 through 105-107 of this chapter.

[3]

In compliance with restrictions and requirements provided in §§ 105-110 through 105-122 of this chapter.

(c)

The Building Inspector shall issue a certificate of occupancy therefor stating that the proposed new use of the building conforms to the requirements of this Article.

Expiration of building permit. If the work described in any building permit has not begun within six months from the date of issuance thereof, the permit shall expire and be cancelled by the Building Inspector. If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit, unless extended by the Building Inspector and the Planning Board, upon application of the property owner, shall expire and be cancelled by the Building Inspector. In either event written notice thereof shall be given by the Building Inspector to the persons affected and to the Planning Board.

Architectural supervision. With respect to any application for a building or use permit for any building or alteration or extension of any building in the ED-A District, said application shall be accompanied by complete building plans, contour maps and drawings or sketches showing architecturally the exterior elevations of the proposed building and showing the proposed landscape or other treatment of the grounds around such building and such other maps, plans and subdivision plot plans as are required by the Village of Lake Success. Such plans, maps, drawings and sketches and plot plans shall be submitted by the Planning Board to its architect and shall be considered by him and the Planning Board in an endeavor to provide that the architectural design and general appearance of such building and grounds be in keeping with the general architectural styles within the Village and such as not to be detrimental to the orderly and harmonious development of the Village and so as not adversely to affect the desirability of neighboring areas for residential purposes. No building or use permit shall be issued until such plans, maps, drawings and sketches and plot plans have been approved by the Planning Board and its architect.