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.
A.
The certificates and permits enumerated herein are
hereby established for the equitable enforcement and administration
of the provisions of this chapter. A building permit or special use
permit shall be prerequisite to the erection or alteration of a building
structure or use thereof, but only if the alteration increases the
dimensions or changes the use of existing facilities thereof.
B.
Building permit. The Code Enforcement Officer is hereby
empowered to issue a building permit for any plans regarding the construction
or alteration of any building or part of any building, or the change
in the use of any land or building or part thereof, where it has been
determined that such plans are not in violation of the provisions
of this chapter.
C.
Special use permit. The Planning Board is hereby empowered to issue any special use permit provided for by this chapter after site plan review, if required as specified in the Bulk and Use Tables. Special permit uses are those uses having some special impact or uniqueness which requires a careful review of their location, design, configuration and desirability on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. A special use permit may be issued with conditions, including requirements for review and renewal, based upon careful review by the Planning Board (see § 130-20D).
[Amended 5-28-2009 by L.L. No. 2-2009]
D.
Certificate of occupancy. The Code Enforcement Officer
is hereby empowered to issue a certificate of occupancy which shall
certify that all provisions of this chapter have been complied with
in respect to the location and use of the building, structure or premises
in question. The Code Enforcement Officer is also empowered to issue
a certificate of occupancy for nonconforming uses, provided that the
nonconforming use is defined and the sections of this chapter not
being conformed to are listed. The New York State Codes, Rules and
Regulations must be conformed to in order to receive a certificate
of occupancy for either a conforming or nonconforming use.
A.
Procedures of a building permit.
(1)
All applications for a building permit shall be made to the Code Enforcement Officer in the detail specified in § 130-10 of this article and shall be in compliance with the New York State Codes, Rules and Regulations.
(a)
Where the proposed use is a permitted single-
or two-family residential use, the Code Enforcement Officer shall
carefully consider the application for compliance with this chapter
and either issue or deny a building permit.
(b)
When the application is for any other use in any district, a preliminary site plan application, in accordance with Article XIV, shall serve as the building permit application, and the Planning Board shall be responsible for reviewing compliance with this chapter and directing the Code Enforcement Officer to approve, approve with conditions, or deny an application.
(2)
Issuance of a building permit. Upon receipt of site
plan approval from the Planning Board, the Code Enforcement Officer
may issue a building permit within one calendar year of site plan
approval by the Planning Board and upon the conditions noted in § A-59
of the Village of Geneseo Land Development Regulations and Public
Works Requirements.
(3)
Expiration of building permit. Construction activities,
including but not limited to demolition, site clearing, topsoil stripping
and stockpiling, utility relocations or removals, and improvements
must begin within one calendar year of the issuance of a building
permit, with construction activities and improvements being completed
within one calendar year from their starting date.
(4)
Extension of building permit. Upon application to
the Code Enforcement Officer, an applicant may request an extension
of up to six months to a previously issued building permit, and the
minimum fee shall be charged. No more than two such extensions shall
be permitted. In no case shall a building permit extension be obtained
at a date beyond 36 months from the project's original site plan approval
by the Planning Board.
(5)
Renewal of building permit. Upon the expiration of
applicable building permits as stated above, a new application for
site plan approval by the Planning Board shall be required to obtain
a new building permit from the Code Enforcement Officer, with appropriate
fees charged for application review and permit issuance.
(6)
Building permits shall be issued in duplicate, and
one copy shall be posted conspicuously on the premises while any alterations
are being completed.
B.
Procedures for appeal. Should an applicant choose
to appeal a decision by the Code Enforcement Officer to deny issuance
of a building permit, an application for an appeal shall be filled
out and submitted, along with supporting documents, to the Code Enforcement
Officer for referral to the Zoning Board of Appeals for action. Where
applicable under §§ 239-m and 239-n of the General
Municipal Law, one copy of the application shall also be submitted
to the County Planning Board by the Planning Board.
[Amended 5-28-2009 by L.L. No. 2-2009]
C.
Procedures for special use permit. All applications
for special use permits shall be made to the Code Enforcement Officer.
The Code Enforcement Officer, after determining that an application
is in proper form, shall transmit one copy of the application and
all supporting documents to the Planning Board for action thereon.
Where applicable under §§ 239-m and 239-n of the General
Municipal Law, one copy of the application shall also be submitted
to the County Planning Board by the Planning Board.
[Amended 5-28-2009 by L.L. No. 2-2009]
D.
Procedures for a certificate of occupancy. Following
the completion of the construction, reconstruction or alteration of
any building or where a change in the use of a structure is proposed,
the applicant shall transmit by registered mail or deliver in person
to the Code Enforcement Officer a letter stating that such construction
has been completed or that a new use has been proposed. Within seven
days of the receipt of this letter, the Code Enforcement Officer shall
make all necessary inspections of the completed structure or proposed
use to determine the conformance with this chapter. A certificate
of occupancy shall be issued only if the Code Enforcement Officer
finds that the construction or proposed use complies with all the
requirements and provisions of this chapter.
A.
Application for a building permit (where site plan
review is not required). Each application for a building permit shall
be made on forms available from the Code Enforcement Officer. The
materials to be submitted with the application shall clearly show
the conditions of the site at the time of the application, the features
of the site which are to be incorporated into the proposed use or
building and the appearance and function of the proposed use of building.
At a minimum, the application shall include the following information
and plans for both before and after conditions.
B.
Application for a special use permit. Each application
for a special use permit shall be made on forms available from the
Code Enforcement Officer and shall contain at least the following
information.
(1)
The applicant's name and address and interest in the
subject property.
(2)
The owner's name and address, if different from the
applicant, and the owner's signed consent to the filing of the application.
(3)
The street address or legal description of the subject
property.
(5)
A written statement addressing each of the standards set forth in § 130-20D and stating specifically how the proposed special use permit relates to and meets each such standard.
(6)
Any additional information which may be required to
demonstrate compliance with any additional standards imposed on the
special use permit by the particular provision of this chapter authorizing
the special use.
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.
