§ 85-12. Issuance of building permits and universal design permit to build; restrictive covenants., Article II. Building Permits and Certificates of Occupancy, Chapter 85. Zoning, Land Use Legislation, Code of Ordinances, Brookhaven

No building or structure shall be erected. altered or maintained until a building permit or universal design permit therefor has been issued by the Chief Building Inspector. All applications for such permits shall be in accordance with the requirements of this chapter, and, except upon written order of the Board of Appeals, no such building permit. universal design permit or certificate of occupancy shall be issued for any building or structure where said construction or alteration or use thereof would be in violation of any of the provisions of this chapter.

A building permit shall not be required for minor repairs to existing plumbing systems. When accessory to one- and two-family dwellings, a building permit shall not be required for the following:

(1)

Detached residential storage sheds not greater than 144 square feet and conforming to the provisions of § 85-190:

(2)

Decks, patios and walkways not above grade greater than eight inches at any point, constructed of any material;

(3)

Gazebos not greater than 144 square feet and with walls no higher than 36 inches;

(4)

Trellises, pergolas and arbors not greater than 144 square feet.

All in-ground irrigation systems installed for residential, commercial, industrial uses. and which are subject to a plumbing permit, shall require a rain sensor.

With respect to all premises located in any residential, business, industrial or multiple-residence zone, the applicant shall furnish the Building Division with a copy of any restrictive covenant in favor of the Town affecting such property. If there is no restrictive covenant affecting the premises, the applicant shall furnish an affidavit to that effect. Any false statement, intentional or unintentional, may subject the building permit or the certificate of occupancy, if one has been issued, to immediate revocation if the premises in any way violates the terms and conditions of the restrictive covenant. The term "restrictive covenant" shall mean a covenant executed by the present owner of the property or a predecessor in title in favor of the Town but shall not mean covenants executed between private parties.