It shall be the duty of the Code Enforcement
Officer, who for this purpose shall be known as the Code Enforcement
Officer, to keep a record of all applications for permits and a record
of all permits issued with a notification of all special uses relating
thereto. Such records shall be filed by the Code Enforcement Officer
and shall be available for review by the Village Board of the Village
of Geneseo and the Village Clerk. The Planning Board of the Village
of Geneseo shall issue no permit for the use of any property not in
conformity with the requirements of this chapter and all other regulations
of the Village of Geneseo.
[Amended 5-28-2009 by L.L. No. 2-2009]
For the purpose of this chapter, it shall be the duty of the Code Enforcement Officer, and any duly authorized assistants, to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter and to issue certificates and permits as outlined in this article; see Chapter
61, Fire Prevention and Building Construction, §
61-3, in this Village Code.
The following fees shall be paid at the office
of the Village Clerk.
A. Building permits which do not require a public hearing.
The fee to be charged for the issuance of a building permit for the
construction, erection, placing or adding to the floor area of a building
or structure for use as a dwelling or as a permitted accessory use
in the R-1 and R-2 Districts shall be as set forth from time to time
by the Board of Trustees. The fee for issuance of a building permit
for any other use shall be as set forth from time to time by the Board
of Trustees. A plot plan drawn to scale showing the location and the
proposed uses of buildings and/or land shall accompany all zoning
and occupancy permit applications.
B. Building permits or appeals which require a public
hearing. In addition to the fee specified above, a charge as set forth
from time to time by the Board of Trustees shall be made whenever
a public hearing is required, to cover publishing and other incidental
costs.
C. Recreation fee. Where new construction within the
Village involves the addition of dwelling units subject to subdivision
or site plan review, a recreation fee shall be paid per dwelling unit
at or prior to issuance of the certificate of occupancy. The fee shall
be as set forth from time to time by the Board of Trustees.
D. Occupancy permit. Where a building permit is not required
and a certificate of occupancy is required, there shall be a charge
for the certificate of occupancy as set forth from time to time by
the Board of Trustees payable at the time of application. When the
application for a certificate of occupancy is denied, no part of the
application fee is returnable to the applicant.
E. Certificate of nonconformance. No permit is required if the applicant conforms to the provisions of Article
VIII, provided that a certificate of nonconformance is obtained within 90 days of passage of this chapter. A fee as set forth from time to time by the Board of Trustees will be charged for a certificate of nonconformance commencing 91 days after passage of this chapter.
F. The schedule of fees for signs shall be as set forth
from time to time by the Board of Trustees.
G. Costs incurred by the Planning Board, Board of Appeals
or its agents for consultation or other extraordinary expenses in
connection with the review of a proposed application shall be charged
to the applicant.
H. Certificates of occupancy shall not be given until
all fees assessed prior have been paid in full. The letter of credit
shall not be released until all remaining fees have been paid.
[Amended 5-28-2009 by L.L. No. 2-2009]
Certain actions related to appeals, permits,
and site plan review require public hearings to be held. The Zoning
Board of Appeals shall conduct a public hearing on applications referred
to it by the Code Enforcement Officer in accordance with the procedures
and requirements established in Village Law § 7-712-a for
appeals. The Planning Board shall hold a public hearing on applications
referred to it in accordance with the procedures and requirements
established in Village Law §§ 7-725-a and 7-725-b for
special use permit, site plan review and/or subdivisions. Public notice
of all such hearings shall be printed in an official newspaper of
general circulation at least five days prior to the date of the hearing.
The applicant shall, at his or her own expense, mail notice of such
hearing by certified mail, return receipt requested, at least 10 days
prior to the date of the hearing, to all property owners situated
within 100 feet of the boundaries of the site being reviewed. The
property shall also be posted by the Village Code Enforcement Office
at least seven days prior to the scheduled public hearing date. Specific
notice requirements for hearings vary as outlined in the appropriate
sections of this chapter.
Within 62 days from the date of such public
hearing, and following a report back by the County Planning Board
when applicable, the Planning Board shall, by resolution, either approve,
approve with conditions or disapprove the application so heard. The
time within which the Planning Board must render its decision may
be extended by mutual consent of the applicant and the Board. In approving
the application for a special use permit, the Board may impose reasonable
conditions and restrictions directly related and incidental to the
proposed special use permit.
A. If an application is approved by the Planning Board,
the Code Enforcement Officer shall be furnished with a copy of the
approving resolution of the Board and shall issue the permit applied
for in accordance with the conditions imposed by the Board.
B. If any application is disapproved by the Planning
Board, the reasons for such denial shall be set forth in the Board's
resolution, and a copy of such resolution shall be transmitted to
the Code Enforcement Officer. The Code Enforcement Officer shall deny
the application accordingly by providing the applicant with a copy
of the Board's reasons for disapproval and the procedures for appeal.
C. The Village Clerk shall maintain a record of all approved
or denied applications. Such permanent record shall be available to
the Village Board, the Planning Board, the Code Enforcement Officer
and, where applicable, the County Planning Board.
[Amended 2-26-2018 by L.L. No. 2-2018]
A. Any special use permit not exercised within one calendar year from
its date of issuance shall become null and void.