The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Code Enforcement Officer, who shall have such powers as are conferred upon him by this chapter. He shall be appointed by the Village Board and shall carry out any directives from the Board relative to the duties of the position set forth in § 163-12 below. The Code Enforcement Officer shall receive such compensation as the Village Board shall determine.
A.
It shall be the duty of the Code Enforcement Officer or his 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. In the fulfillment of his duties,
the Code Enforcement Officer or his authorized assistants may enter
any premises or building during reasonable hours in the course of
his duties in accordance with state law after due written notice has
been given.
B.
If the Code Enforcement Officer shall find that any of the provisions
of this chapter are being violated, he shall notify, in writing, the
person responsible for such violations, indicating the nature of the
violation and ordering the action to correct it. In his efforts to
attain compliance, the Code Enforcement Officer shall have the authority
to order discontinuance of illegal uses of land, buildings or structures;
removal of illegal buildings or structures or of illegal additions,
alterations or structural changes; stop work; or discontinuance of
any illegal work being done. On the serving of notice by the Code
Enforcement Officer to the owner of any property violating any of
the provisions of this chapter, the certificate of occupancy or certificate
of compliance, as appropriate, for such building or use shall be held
null and void. A new certificate of occupancy and/or compliance shall
be required for any further use of such building or premises.
C.
It shall be the duty of the Code Enforcement Officer to issue permits
and certificates to applicants who fully comply with the provisions
of this chapter.
D.
The Code Enforcement Officer shall maintain a permanent and current
record of all applications for permits and certificates, his action
upon the same, any conditions relating thereto and any other matters
considered and action taken by him. Such records shall form a part
of the records of his office and shall be available for use by village
officials and for inspection by the public. The records to be maintained
shall include the following:
(1)
Application file. An individual permanent file for each application
for a permit or certificate provided for herein shall be established
at the time the application is made. Said file shall contain one copy
of the application and all supporting documents and plans; notations
regarding pertinent dates and fees; one copy of any resolutions or
actions of the Village Board, Planning Board or Zoning Board of Appeals
in acting on the application; and the date the permit or certificate
applied for was issued or denied.
(2)
Monthly report. The Code Enforcement Officer shall prepare a monthly
report for the Village Board. Said report shall cite all actions taken
by the Code Enforcement Officer, including all referrals made by him;
all permits and certificates issued and denied; all complaints of
violation received and all violations found by him and the action
taken by him consequent thereon; and the time spent and mileage used.
A copy of this monthly report shall also be transmitted by the Code
Enforcement Officer to the Tax Assessor, Planning Board and Board
of Appeals at the same time it is transmitted to the Village Board.
E.
Whenever the Code Enforcement Officer denies a permit or certificate,
he shall, in writing, inform the applicant of the specific reasons
for denial and instruct the applicant on the proper methods to apply
for relief.
F.
The Code Enforcement Officer shall maintain a current list and a
map of nonconforming uses to determine if discontinuance or destruction
or change in use or vacancy has taken place.
G.
The Code Enforcement Officer shall maintain a current list and a
map showing the variances and special use permits to determine if
the conditions and safeguards placed on variances and special permits
are being complied with.
H.
Upon written direction from the Planning Board, the Code Enforcement
Officer shall issue special use permits. Upon approval of a variance
by the Board of Appeals, the Code Enforcement Officer shall be empowered
to issue the necessary permits with the specific conditions to be
imposed.
I.
The Code Enforcement Officer shall be authorized and empowered to
issue appearance tickets pursuant to the New York State Criminal Procedure
Law.
A.
The certificates and permits enumerated herein are hereby established
for the equitable enforcement and administration of the provisions
of this chapter. A zoning permit or special use permit shall be a
prerequisite for an application for a building permit for the erection
or alteration of a building, structure or use thereof or for the change
in the use of any land area or existing building.
B.
Permits issued pursuant to this Article shall expire in 12 months
unless the project is completed. The Code Enforcement Officer may
grant an extension for time of completion and include any conditions
or requirements deemed necessary or desirable. Applicants shall justify
the need for the proposed extension. Unless such an extension is requested
and approved, further work as described in the canceled permit shall
not proceed until a new permit has been obtained. If a project is
not initiated within six months of the issuance of the permit, the
permit issued shall be considered null and void.
A.
The Code Enforcement Officer is hereby empowered under the procedures
and requirements specified herein to issue a zoning permit for any
plans regarding the construction or alteration or demolition of any
building or part of any building, or the change in the use of any
land area or part thereof, or for the change in use of any existing
building, where he shall determine that such plans are not in violation
of the provisions of this chapter.
B.
No development activities shall commence, nor shall any building
or structure be erected, moved, added to or structurally altered or
changed in use, nor shall any land area or part thereof be changed
in use without a zoning permit therefor issued by the Code Enforcement
Officer. No zoning permit shall be issued by the Code Enforcement
Officer except in conformity with the provisions of this chapter,
unless he receives a written order from the Board of Appeals in the
form of an administrative review or variance as provided by this chapter.
C.
Where the proposed use is for the construction of a new single-family
dwelling, the expansion or structural alteration of an existing single-family
dwelling or the erection of an accessory use or structure in a residential
district, the Code Enforcement Officer shall carefully consider the
application for compliance with this chapter and may either issue
or deny the permit applied for within 30 days after receipt of a complete
application and determination of environmental significance. In the
event of disapproval, the reasons shall be stated clearly, in writing.
The Code Enforcement Officer shall deny a zoning permit until such
conditions as the disapproval are based upon have been corrected.
D.
When the application is for any other permitted use other than those
specified in the preceding subsection, the Code Enforcement Officer
shall, prior to the issuance of any permit, refer a copy of the zoning
permit application, environmental assessment and site development
plan to the Planning Board for approval in accordance with the procedures
specified below.
E.
The Code Enforcement Officer shall also transmit a copy of the complete
application, environmental assessment and site development plan to
the County Planning Board for review when required under Article 12-B,
§ 239-m of the General Municipal Law. This transmission
shall be made concurrent with the referral of the application to the
Planning Board.
F.
All zoning permit applications shall be reviewed to determine that
the proposed site development plan is consistent with the goals and
objectives of the village's Comprehensive Plan, that the proposed
improvements are sufficient to adequately serve the proposed use,
that adjacent properties are protected from potential negative impacts
and that potential adverse environmental impacts are identified and
appropriate mitigation measures have been proposed.
G.
The Planning Board shall carefully consider the proposed development
or construction and make a decision to approve, approve with conditions
or deny the proposed application within 45 days after the receipt
of a complete application from the Code Enforcement Officer. The Planning
Board may not act within the first 30 days, however, unless a report,
if applicable, is received from the County Planning Board. In approving
said application, the Board may impose any conditions it determines
to be in the best interests of the village and sound land use planning.
All decisions of the Planning Board shall be in writing and shall
be transmitted directly to the applicant.
H.
Prior to taking action on the application, the Planning Board may
conduct a public hearing on the proposal. If a public hearing is considered
desirable, such public hearing shall be conducted within 45 days of
the receipt of the complete application and shall be duly advertised
in the official newspaper of the village. If a public hearing is held
on an application, the time period within which the Planning Board
shall act on the proposal shall be extended up to a maximum of 30
days following the date of the public hearing, prior to reaching a
final decision.
I.
If the Planning Board does not act on an application within 45 days
of the receipt of a complete application from the Code Enforcement
Officer or within 30 days following a public hearing on an application,
the application shall be approved and the Code Enforcement Officer
shall issue the permit.
J.
The period of time available for the Planning Board to act on an
application may be extended by mutual agreement of the applicant and
the Planning Board.
A.
General requirements.
(1)
Each application for a zoning permit which is dependent upon site
development plan approval by the Planning Board shall initially be
made to the Code Enforcement Officer. The Code Enforcement Officer
shall determine the application's completeness. Upon the Code
Enforcement Officer's acceptance of a complete site development
plan application, the Code Enforcement Officer shall prepare a written
response to the applicant containing the following information:
(a)
The date of the Planning Board meeting at which the application
for site development plan approval will be discussed.
(b)
A preliminary indication under SEQR to include the type of action
involved and any additional SEQR forms to be completed by the applicant
or agent.
(c)
A determination whether any portion of the site will be affected
by the FP-O Floodplain Overlay District regulations and what effects
this will have on the application.
(d)
A tentative time schedule for site development plan approval.
(e)
Any other information the Code Enforcement Officer deems appropriate,
including fees and criteria for site development plan preparation.
(2)
In the event that a site development plan identifies the potential
need for dimensional variances, the applicant shall first be denied
preliminary site development plan approval by the Planning Board before
appealing the need for such variance(s) to the Zoning Board of Appeals.
Where the Planning Board has denied such site development plan on
these grounds, the Planning Board shall convey its opinion to the
Board of Appeals on the requested variances. Once variances have been
granted, the applicant may proceed for site development plan approval.
If the variances are denied, the applicant shall submit a revised
site development plan complying with the dimensional requirements
of the zoning district.
(3)
The Planning Board shall, for each site development plan application, determine whether a public hearing would serve a community benefit. According to such a determination by the Planning Board, the process for site development plan approval, including the timetables for making decisions, shall coincide with that set forth in § 163-14 above.
(4)
The Code Enforcement Officer shall transmit one copy of all approved
and denied applications to the Planning Board and one copy of all
approved applications to the Tax Assessor.
B.
Supplemental regulations pertaining to site plan approval.
(1)
Expiration of site development plan approval. Such site development
plan approval shall automatically terminate one year after the same
is granted unless work on the site has been completed.
(2)
Reimbursable costs. Costs incurred by the village for consultation
fees or other extraordinary expenses associated with the review of
a proposed site development plan shall be charged to the applicant
in accordance with the fee schedule specified in the application documents.
(3)
Performance guaranty. As an alternative to the installation of required
infrastructure and improvement, prior to approval by the authorized
board, a performance bond or other security sufficient to cover the
full cost of the same shall be furnished to the Village by the owner.
The sufficiency of such performance guaranty shall be determined by
the Village Board, after consultation with the Code Enforcement Officer,
Village Engineer, Planning Board and Village Attorney.
[Amended 2-19-2013 by L.L. No. 1-2013]
(4)
Inspection of improvements and development. The Code Enforcement
Officer shall be responsible for the overall inspection of site improvements,
including coordination with the Village Engineer and other officials
and agencies, as appropriate. No certificate of compliance shall be
granted prior to a final inspection and determination of conformity
to the site development plan and the New York State Uniform Code.
(5)
Integration of site development plan approval procedure with other
Planning Board approvals. Whenever the particular circumstances of
a proposed development require compliance with either the special
use permit procedure or the requirements of the village's land
subdivision regulations,[1] the Planning Board shall attempt to integrate, as appropriate,
site development plan review as required by this section with the
procedural and submission requirements for such other compliances.
In any case, all state permits and local land use control approvals
shall be procured prior to the issuance of a building permit for a
development project.
(6)
Conflicts. If any conflicts arise between this site development plan
review procedure and other land use controls of the village, this
section shall apply.
Upon written direction of the Planning Board, the Code Enforcement
Officer is hereby empowered to issue a special use permit as provided
for by this chapter.
A.
Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article X in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
B.
A special use permit shall authorize only one particular special
use. The special use permit shall expire if the use shall cease for
more than one year for any reason.
C.
No person shall be issued a special use permit for a property where
there is an existing violation of this chapter.
D.
Before any special use permit shall be issued, the Planning Board
shall make written findings certifying compliance with the specific
rules governing individual special permit uses and that satisfactory
provision and arrangement has been made relative to the following
additional concerns:
(1)
Ingress and egress to the property and proposed structures thereon,
with particular reference to vehicular and pedestrian safety and convenience,
traffic flow and control and access in case of fire or catastrophe.
(2)
Off-street parking and loading areas where required, with particular attention to the items in Subsection D(1) above and the noise, glare or odor effects of the special permit use on adjoining properties and properties generally in the district and the economic impact of the proposed special permit use.
(4)
Utilities as appropriate, with reference to locations, availability
and compatibility.
(5)
Storm drainage, including potential impact on downstream properties.
(6)
Screening and buffering, with reference to type, dimensions and character.
(7)
Signs, if any, and proposed exterior lighting with reference to glare,
traffic safety, economic effect and compatibility and harmony with
properties in the district.
(8)
Required yards and other open space.
(9)
General compatibility with adjacent properties and other properties
in the zone district.
E.
All applications for special use permits shall be made in quadruplicate
to the Code Enforcement Officer on forms provided by him.
F.
The Code Enforcement Officer, after determining that an application
is in proper form, shall transmit copies of the application and all
supporting documents to the Planning Board for approval in accordance
with the procedures specified below.
G.
The Code Enforcement Officer shall transmit a copy of the complete
application and supporting documents to the County Planning Board
for review when required under Article 12-B, § 239-m of
the General Municipal Law.
H.
The application shall include a site development plan of the special permit use and subject parcel drawn to scale, which includes all of the data specified in § 163-19 of this chapter.
I.
Prior to taking action on an application for a special use, the Planning
Board shall conduct a public hearing on the proposed request. Said
hearing shall be conducted within 45 days following the receipt of
a complete application and supporting documents from the Code Enforcement
Officer. Within 30 days from the date of such public hearing, the
Planning Board shall, by resolution, either approve, approve with
conditions or disapprove the application so heard. The thirty-day
period available to make a determination may be extended by mutual
agreement of the applicant and the Planning Board.
J.
If the application was transmitted to the County Planning Board under
Article 12-B, § 239-m of the General Municipal Law, the
Planning Board cannot act within the first 30 days following the referral
of the application to the County Planning Board unless said Board
provides a written reply to the village within the thirty-day period.
K.
In approving an application, the Planning Board may impose any modifications
or conditions it deems necessary to conform to the goals and objectives
of the village's Comprehensive Plan and its principles of land
use and development and to protect the health, safety or general welfare
of the public.
L.
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 Planning Board, and he shall issue the permit applied for in
accordance with the conditions imposed by the Board.
M.
If any application is disapproved by the Planning Board, the reasons
for such denial shall be set forth in the Board 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.
N.
The Code Enforcement Officer shall inspect the premises of a use
authorized and approved with a special use permit not less than one
time each calendar year. The inspection shall determine that the use
is being operated consistent with the terms and conditions established
by the Planning Board in approving the permit. If the Code Enforcement
Officer shall determine that the conditions are not in compliance
with the permit, the Code Enforcement Officer shall nullify the special
use permit and set forth the procedures and requirements for reestablishing
the use. The use may not be operated until a new application is submitted
and approved.
Upon written direction of the Board of Appeals, the Code Enforcement
Officer is hereby empowered to issue a temporary use permit. A temporary
use permit shall only be effective for a period of not to exceed three
months; said permit may be extended by the Board of Appeals not more
than once, for an additional period not to exceed three months.
A.
All applications for temporary use permits shall be made in quadruplicate
to the Code Enforcement Officer on forms provided by him.
B.
The Code Enforcement Officer, after determining that an application
is in proper form, shall transmit copies of the application to the
Board of Appeals for review and approval.
C.
The application shall include a statement by the applicant which
specifies the nature of the proposed use and the length of time for
which the temporary use is to be authorized.
D.
The Board of Appeals may seek the advisory opinion of the Planning
Board or the Village Engineer as well as that of other agencies, organizations
or individuals prior to making a decision on the request.
E.
The Board of Appeals may schedule a public hearing to invite public
comment if it determines that the public interest would be served
on the application by such a hearing.
F.
The Board of Appeals shall, within 45 days of the receipt of a complete
application, approve or deny the application. In approving the request,
the Board of Appeals shall set the maximum length of time for the
authorization of such use. Further, the Board of Appeals may impose
any conditions or restrictions on the applicant that is deemed to
be in the best interests of the Village of Warsaw.
G.
The Code Enforcement Officer, acting on written direction of the
Board of Appeals, shall either issue or deny the permit.
A.
It shall be unlawful to use or occupy or permit the use or occupancy
of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted or wholly or partly altered or enlarged
in its use or structure until a certificate of compliance or certificate
of occupancy, as appropriate, has been issued by the Code Enforcement
Officer stating that the proposed use of the building or land conforms
to the requirements of this chapter.
B.
Failure to obtain either a certificate of occupancy or compliance shall be a violation of this chapter and punishable as provided by Article XIV.
C.
Within seven days after the completion of the change in use of a
building or parcel of land, the applicant shall so notify the Code
Enforcement Officer by certified mail stating that such action has
been completed in compliance with this chapter. The applicant shall
provide the Code Enforcement Officer with suitable evidence to document
compliance. This evidence shall be in the form of an instrument survey,
tape location map or comparable documentation. Within seven days of
the receipt of this letter, the Code Enforcement Officer shall conduct
a final inspection of the premises to determine whether the new use
complies with the requirements of this chapter. If the Code Enforcement
Officer determines that said building or use complies with the provisions
herein, he shall issue a certificate of compliance. If it is determined
that the provisions specified herein are not fully complied with,
the Code Enforcement Officer shall specify the violations and the
terms and conditions for remedying these violations. A certificate
of compliance shall not be issued until such violations are corrected.
D.
No nonconforming building or use shall be maintained, renewed, changed
or extended without a certificate of compliance having first been
issued by the Code Enforcement Officer. The certificate of compliance
shall state specifically wherein the nonconforming use differs from
the provisions of this chapter.
Each application for a zoning, temporary use and special use
permit shall be made in quadruplicate and accompanied with a site
development plan. All site development plans submitted to the village
for review and approval shall be prepared by a licensed professional
engineer, architect, land surveyor or landscape architect as per the
New York State Education Law. The materials to be submitted with each
application shall clearly show the conditions on 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 or building. The application shall include the
following information and specify both before and after conditions:
A.
The location, design, dimensions, use and height of each proposed
building and yard area.
B.
Property boundaries, as shown on an accurate map drawn to scale,
including the precise location of the center line of the road, dimensions,
North arrow and the date.
C.
A general location map showing the location of the property in relation
to adjacent parcels.
D.
The location and arrangement of vehicular accessways and the location,
size and capacity of all areas to be used for off-street parking.
E.
Information to describe topography and natural grades.
F.
Provisions for water supply, sewage disposal and storm drainage.
G.
The location of fire hydrants.
H.
The location and design of outdoor lighting facilities.
I.
The location and design of construction materials of all proposed
signs.
J.
The location and capacity of all areas to be used for loading and
unloading and the distance to the nearest intersection.
K.
The location and dimensions of sidewalks, walkways and other areas
established for pedestrian use.
L.
The design and treatment of open areas, buffer areas and screening
devices maintained, including dimensions of all areas devoted to lawns,
trees and other landscaping devices.
M.
The location of fire and other emergency zones.
N.
Other elements integral to the proposed development as considered
necessary by the Code Enforcement Officer, Village Engineer or Planning
Board, including a property survey, any and all requirements to comply
with the State Environmental Quality Review (SEQR) procedures, other
community impacts and the identification of any state or county permits
required for the execution of the project.
Each application for a permit provided for by this chapter shall
be accompanied by a fee, payable in cash or other form of security
approved by the Village Attorney. Fees shall be established annually
by resolution of the Village Board.
