A.
These regulations shall be enforced by the Zoning Enforcement Officer,
who shall have the power to make inspections of buildings and premises
and such other powers authorized by the Board of Trustees necessary
to enforce these regulations.
B.
Application submissions and preliminary discussions. Building permit
and other application procedures required by these regulations are
generally summarized below. Submissions and procedures shall also
comply fully with the provisions of all subsequent sections of these
regulations:
(1)
Applications, petitions, appeals, complaints and other submissions
to the Village under these regulations, except for applications for
amendment of zoning district or other regulations, shall be submitted
to the Zoning Enforcement Officer on forms provided by the Village
or in an otherwise appropriate form, accompanied by applicable drawings
and related supporting documentation, fees and other submissions required
by these regulations.
(2)
Applications to the Board of Trustees for amendment of zoning
district or other regulations shall be submitted to the Village Clerk.
(3)
Depending on the nature of a submission and scope of a proposed
project, an applicant may review submission requirements with the
Zoning Enforcement Officer or may arrange to attend a Planning Board
meeting for informal discussion regarding submission requirements,
and to review project sketch plans with the Board if appropriate.
Any person uncertain as to the applicability of these regulations
to a given project may submit a written request for a Planning Board
determination.
(4)
Applicants should recognize that applications may involve several
types and phases of review, may require review by several Village
boards and by Madison County and other agencies, may include a public
hearing, and as a result, may be a relatively lengthy process. Applicants
should review these regulations thoroughly and applications should
be prepared in complete form and submitted well in advance of any
anticipated project construction schedule. The Village intends that
all applications and other submissions be processed as efficiently
as possible in accordance with all review procedures required by these
regulations.
C.
Building permit applications: Planning Board review procedures.
(1)
A complete application for a building permit for a permitted
use or for a special use shall be filed with the Village Clerk and
then referred by the Zoning Enforcement Officer to the Planning Board.
Applications must be submitted at least seven days prior to a regular
Planning Board meeting to be on the Board's agenda.
(2)
If the Zoning Enforcement Officer or the Planning Board determine
that the application is incomplete, either may request supplemental
submissions. The Planning Board review process shall not proceed until
the Board considers an application to be complete.
(3)
The Planning Board review procedure includes any or all of the
following reviews, depending on the location, nature, scale, and complexity
of the project proposed in the application:
(a)
All projects are subject to review for basic compliance with
the regulations of the district in which the activity is located.
(b)
All projects are subject to architectural review for reasonable
compatibility and harmony of scale, materials, colors, and other design
features of proposed building or other structures with surrounding
buildings and settings.
(c)
Many projects are subject to site plan review and, in certain
locations, may also have to be reviewed for compliance with Village
rules and regulations dealing with protection of the public water
supply and with floodplain protection and management.
(d)
Projects which involve a special permit are subject to special
review for compliance with applicable requirements for issuance of
such permits.
(e)
Projects located within the Historic Preservation Overlay District
are subject to special review.
(f)
Certain projects located within 500 feet of Village boundaries
or certain New York State or Madison County facilities must be referred
to the Madison County Planning Board.
(h)
Finally, projects which involve a special permit are subject
to a public hearing. Certain projects may also require a public hearing
under SEQR. In addition, the Planning Board may elect to conduct a
public hearing on any other application where it deems a hearing to
be in the public interest.
(4)
The Planning Board will make every effort to act on applications
involving relatively minor projects at the initial review meeting
or approximately 30 days later at the next regular review meeting.
Activities involving special uses, significant building and land development
proposals, or special water supply, floodplain, historic preservation
or other impacts, or which generate significant community interest,
may require up to 120 days, including a public hearing, before Board
action is feasible. The Board will conduct a public hearing within
60 days after receipt of a complete application, and will act on the
application within 60 days following completion of the public hearing.
This schedule also depends on the applicant's timely response to any
Board comments on possible modifications, requests for clarifications
and supplemental information, and related considerations. In certain
cases, this schedule may be extended with the consent of the applicant
and the Planning Board.
D.
Applications for Zoning District or other regulation amendments;
Board of Trustees review procedures.
(1)
The Board of Trustees will refer such applications, including applications for establishment of a Planned Development District, to the Planning Board for an advisory report. The Planning Board will proceed in accordance with Subsection C above and may request that the applicant provide supplemental information and documentation necessary for its formal review and for a complete understanding of the application by the Planning Board, Board of Trustees and the public. The Planning Board will schedule a formal review and report to the Board of Trustees within 45 days after receipt of a complete application, including requested supplemental information and documentation.
(2)
At its next regular meeting after receipt of the Planning Board
report, the Board of Trustees shall schedule a public hearing on the
application, and will act on the application at a regular meeting
within 60 days after the public hearing. If the Planning Board does
not submit a report as prescribed above, the Board of Trustees may
proceed without the report.
E.
Applications for variance or other appeals; Board of Appeals review
procedures.
(1)
The Zoning Enforcement Officer will refer such applications
to the Board of Appeals. The Board may request that the applicant
provide supplemental information and documentation necessary for its
formal review and for a complete understanding of the application
by the Board of Appeals, Planning Board and the public. The Board
of Appeals will refer such applications to the Planning Board for
an advisory report. The Planning Board will schedule a formal review
and report to the Board of Appeals within 45 days after receipt of
the application.
(2)
At its next regular meeting after receipt of the Planning Board
report, the Board of Appeals will schedule a public hearing on the
application and will act on the application at a regular meeting within
62 days after the public hearing. If the Planning Board does not submit
a report as prescribed above, the Board of Appeals may proceed without
the report.
F.
The Board of Trustees, Planning Board and/or Board of Appeals may,
at its or their discretion, elect to schedule a special meeting to
review and act on any application or other matter brought before it
under these regulations.
A.
No building or other structure or part thereof shall be erected,
enlarged, moved, demolished or structurally altered until a building
permit authorizing such actions has been issued. The issuance of any
permit or any other authorization or approval by any other agencies
having jurisdiction over use of lands and waters in the Village shall
not in any way diminish the requirements for a building permit under
these regulations. Issuance of a permit, or any prior action by the
Board of Trustees, Planning Board, and/or Board of Appeals favorable
to an application, site plan, or other documents submitted to the
Village for use, construction, development, redevelopment, subdivision,
rehabilitation or expansion of land and buildings shall not be construed
to waive, modify or otherwise affect any rights of any other agencies
having any jurisdiction over general or specific use and development
of land and waters in the Village.
B.
The Village of Cazenovia shall not grant any building permit for
any building or structure which does not comply with these regulations,
and, where prior authorization or other action of the Planning Board
or the Board of Appeals is required, such permit shall be granted
only upon written approval and authorization of such Board.
C.
Issuance of a building permit shall also be subject to compliance
of the proposed action with building, fire prevention and other codes
and regulations adopted by the Board of Trustees to regulate building
and other construction and in effect at the time of issuance of a
permit.
D.
A building permit shall expire one year from the date of issuance
and shall be renewed prior to such expiration if the action for which
the permit was issued has not been commenced, or if commenced, has
not been completed.
E.
An application for a building permit shall be submitted on forms
provided by the Village and shall be accompanied by maps, drawings
and other documentation and information as may be required by the
application form to determine compliance with these regulations and
with applicable building and other codes and regulations.
F.
If the Zoning Enforcement Officer determines that any building permit
work does not comply with the permit and these regulations, notice
to this effect shall be given to the applicant in writing. The applicant
shall initiate measures to correct such noncompliance within 30 days
from the date of notification. If, within this thirty-day period,
a process for correction is not initiated and pursued to the satisfaction
of the Zoning Enforcement Officer, the Village may institute proceedings
to compel compliance.
G.
Whenever the Zoning Enforcement Officer has reasonable grounds to
believe that construction work on any building or structure, or use
of any lot or structure, is occurring in violation of these regulations
or that such work or use is not in compliance with the building permit
issued for such work or use, he shall notify the applicant to suspend
all work on or use of the building, structure or lot. The applicant
shall immediately stop work and suspend activities until the stop-work
order has been rescinded. Such a stop-work order shall be in writing
and shall state the conditions under which work or use may be resumed.
A stop-work order shall be served upon an applicant or other owner
either by delivering it personally or by posting the same upon a conspicuous
portion of the building, structure or lot where the work is being
performed and by sending a copy of the stop-work order to the applicant
by registered mail.
A.
Use or occupancy of any land, building or structure, or portion thereof,
for which a building permit has been issued shall not be valid under
these regulations until a certificate of occupancy shall have been
issued by the Village of Cazenovia.
B.
A certificate of occupancy shall not be issued unless the proposed
use and occupancy and building erection, enlargement, alteration or
other action for which a building permit was issued complies with
these regulations and with the representations made and documentation
submitted by the applicant for purposes of securing the permit.
[Amended 7-7-2014 by L.L.
No. 4-2014; 4-6-2015 by L.L. No. 4-2015]
A.
The existence of the Village of Cazenovia Planning Board, previously
established, is hereby confirmed. The Planning Board shall consist
of five members appointed by the Mayor with the approval of the Board
of Trustees in accordance with the Village Law.
B.
The Mayor, with the approval of the Board of Trustees, may also appoint
temporary alternate members to the Planning Board to serve as provided
in this section as the Mayor and Board of Trustees deem necessary
or appropriate. Alternate members of the Planning Board shall be residents
of the Village. The number of temporary members so appointed pursuant
to this section in any year shall not exceed three. Such temporary
members shall be appointed at the Village's annual organizational
meeting for two-year terms of office beginning on the first day of
July and ending on the last day of June. Initial appointments of alternate
members not made at the annual organizational meeting, and any alternate
member appointed to fill a vacancy in an alternate member position,
shall serve until the last day of June in the Village's organizational
year of his or her appointment. The Chair of the Planning Board shall
assign such temporary members to serve in place of regular members
as necessary when the absence of regular members of said Board or
the conflict of interest of regular members of said Board would otherwise
prevent five members of said Board from considering any pending matter.
Such temporary members shall be designated on a rotating basis such
that each temporary member shall be afforded an equal opportunity
to serve. Once designated to serve on a particular matter before the
Board, the temporary member shall have the same powers and duties
as regular members of the Board until the matter is concluded. Any
determination of said Board consisting of temporary members shall
have the same weight and be entitled to the same authority as the
act or deed of the regular Planning Board members, and all laws, statutes
and regulations shall apply and be applied with equal force and effect.
C.
The Board shall determine its rules and procedures consistent with
the Village Law and General Municipal Law. The Planning Board shall
have the following powers and duties:
(1)
Site plan review. The Planning Board is hereby authorized to
review and approve, approve with modifications or disapprove site
plans as provided in these regulations.
(2)
Special permits. The Planning Board is hereby authorized to
review and approve, approve with modifications, or disapprove applications
for special uses enumerated in any zoning district as provided in
these regulations. Approval or approval with modifications may be
granted only if such use is found to comply with the requirements
of these regulations.
(3)
Architectural review. Except when such authority has been specifically
designated to the Historic Preservation/Architectural Advisory Review
Committee, the Planning Board is hereby authorized to review and approve,
approve with modifications, or disapprove an application for a permit
for new construction or exterior alteration of buildings and other
structures, including swimming pools and signs, in terms of reasonable
compatibility of the proposed architectural design, colors and materials
of such structures with the character of adjoining and surrounding
structures and settings in accordance with these regulations.
(4)
Before making its decision on any of the above matters, the
Planning Board shall review and make findings in accordance with applicable
criteria set forth in these regulations.
(5)
To the extent practical, multiple applications relating to the
same project or development activity shall be processed and reviewed
concurrently.
D.
Review and decision.
(1)
When an application involving any of the above matters is referred
to the Planning Board under these regulations, and the Board deems
that the application is complete and suitable for review, the Board
shall commence its review. An applicant may request an appearance
at any regular Planning Board meeting to present, explain and review
an application. If a public hearing is required in the case of a special
permit use, or if the Planning Board determines that a public hearing
should be held on other matters, even if not required, the Board shall
hold a hearing within 62 days from the date on which a complete application
is received.
(2)
The Board shall make a decision on any matter involving a public
hearing within 62 days after the public hearing, or if no public hearing
is held, within 62 days after a complete application is received,
provided in all cases that the requirements of the State Environmental
Quality Review Act have been satisfied, and also provided that the
time within which the Planning Board must render its decision may
be extended by mutual consent of the applicant and the Planning Board.
(3)
Each decision of the Planning Board shall be by resolution contained
in the minutes of the Board, filed in the office of the Village Clerk
and a copy thereof mailed to the applicant.
(4)
The concurring vote of a majority of the Board shall be required
to render a decision.
E.
The Planning Board shall also function in an advisory capacity in
reviewing, recommending and reporting to the Board of Trustees on
any application for amendment of these regulations, and to the Board
of Appeals on any application for a variance, interpretation or other
appeals under these regulations, following referral of such applications
to the Planning Board. The Planning Board shall report to the Board
of Trustees or to the Board of Appeals as soon as possible following
receipt of the application, and prior to the public hearing required
for such application when practical to do so. The Planning Board may
submit its report to the Board of Trustees or to the Board of Appeals
prior to or at the public hearing.
[Amended 4-6-2015 by L.L.
No. 4-2015]
A.
The existence of the Board of Appeals, previously established, is
hereby confirmed. The Board of Appeals shall consist of five members
appointed by the Mayor with the approval of the Board of Trustees
in accordance with the Village Law.
B.
The Mayor, with the approval of the Board of Trustees, may also appoint
temporary alternate members to the Board of Appeals to serve as provided
in this section as the Mayor and Board of Trustees deem necessary
or appropriate. Alternate members of the Board of Appeals shall be
residents of the Village. The number of temporary members so appointed
pursuant to this section in any year shall not exceed three. Such
temporary members shall be appointed at the Village's annual organizational
meeting for two-year terms of office beginning on the first day of
July and ending on the last day of June. Initial appointments of alternate
members not made at the annual organizational meeting, and any alternate
member appointed to fill a vacancy in an alternate member position,
shall serve until the last day of June in the Village's organizational
year of his or her appointment. The Chair of the Board of Appeals
shall assign such temporary members to serve in place of regular members
as necessary when the absence of regular members of said Board or
the conflict of interest of regular members of said Board would otherwise
prevent five members of said Board from considering any pending matter.
Such temporary members shall be designated on a rotating basis such
that each temporary member shall be afforded an equal opportunity
to serve. Once designated to serve on a particular matter before the
Board, the temporary member shall have the same powers and duties
as regular members of the Board until the matter is concluded. Any
determination of said Board consisting of temporary members shall
have the same weight and be entitled to the same authority as the
act or deed of the regular Board of Appeals members, and all laws,
statutes and regulations shall apply and be applied with equal force
and effect.
C.
The Board of Appeals shall determine its own rules and procedures
consistent with the Village Law. The Board of Appeals shall have the
following appellate powers and duties:
(1)
Interpretation. Upon application appealing an interpretation,
decision or determination by the Zoning Enforcement Officer and following
a public hearing, to decide any question involving the interpretation
of any provision of these regulations. The Board may reverse or affirm,
wholly or partly, or may modify any interpretation, order, requirement,
decision or determination made by the Zoning Enforcement Officer in
the enforcement of these regulations, and shall have the power to
make such interpretation, order, requirement, decision or determination
which, in the opinion of the Board, ought to have been made in the
matter.
(2)
Variance. Upon application appealing a decision or determination
by the Zoning Enforcement Officer and following a public hearing,
to vary or modify the strict application of any of the requirements
of these regulations in accordance with the Village Law. A variance
in the application of any provision of these regulations shall be
granted by the Board of Appeals if it makes a finding of fact in connection
with either an area variance or a use variance as follows:
(a)
Area variance.
[1]
The Board may grant an area variance permitting an applicant
to deviate from one or more area and/or dimensional standards set
forth in these regulations for a use permitted by these regulations
in the district in which a lot is located.
[2]
In making its determination, the Board shall take into consideration
the benefit to the applicant if the variance is granted, as weighed
against the detriment to the health, safety and welfare of the neighborhood
or community by such grant. In making such determination, the Board
shall also consider whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance; whether the
benefit sought by the applicant can be achieved by some method, feasible
for the applicant to pursue, other than an area variance; whether
the requested area variance is substantial; whether the proposed variance
will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district; and whether the alleged
difficulty was self-created, which consideration shall be relevant
to the decision of the Board, but shall not necessarily preclude the
granting of the area variance. The Board, in granting of an area variance,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
(b)
Use variance.
[1]
The Board may grant a use variance authorizing a use of a lot
which otherwise would not be permitted by these regulations in the
district in which the lot is located.
[2]
In making its determination, the Board shall not grant a use
variance without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to prove such unnecessary hardship, the applicant shall demonstrate
to the Board that the applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence; that the alleged hardship relating to the property
in question is unique, and does not apply to a substantial portion
of the district or neighborhood; that the requested use variance,
if granted, will not alter the essential character of the neighborhood;
and that the alleged hardship has not been self-created.
[3]
The Board, in granting of a use variance, shall grant the minimum
variance that it shall deem necessary and adequate to address the
unnecessary hardship proved by the applicant, and at the same time
preserve and protect the character of the neighborhood and the health,
safety and welfare of the community.
(c)
Imposition of conditions. The Board shall, in the granting of
both use variances and area variances, have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed use of the lot and/or the period
of time such variance shall be in effect. Such conditions shall be
consistent with the spirit and intent of the zoning regulations, and
shall be imposed for the purpose of minimizing any adverse impact
such variance may have on the neighborhood or community.
D.
Appeal procedures.
(1)
Such appeal shall be taken within 60 days after the filing in
the Village Clerk's office of any order, requirement, decision, interpretation
or determination of the Zoning Enforcement Officer by filing with
the Zoning Enforcement Officer and with the Board of Appeals a notice
of appeal, specifying the grounds thereof and the relief sought. When
an application is referred to the Board of Appeals, and the Board
deems that the application is complete and suitable for consideration,
the Board shall commence its review and schedule a public hearing.
In determining that an application is complete, the Board shall determine
that the application refers to the specific provisions of these regulations
affected and exactly sets forth the interpretation or other relief
claimed, and the details of the variance being applied for and the
grounds and evidence on which it is claimed that the variance should
be granted. The Board may refer the application to the Planning Board
for an advisory report, but shall not be required to do so.
(2)
The Board shall hold a public hearing within 60 days from the
date on which a complete application is received.
(3)
The Board shall make a decision within 62 days after the public
hearing; provided, however, that the time within which the Board must
render its decision may be extended by mutual consent of the applicant
and the Board.
(4)
In making its decision, the Board of Appeals shall consider
any advisory report of the Planning Board, but shall not be bound
by, or limited by, any such advisory recommendations.
(5)
Each decision of the Board of Appeals shall be by resolution
containing a full record of the findings on which the decision was
based, filed in the office of the Village Clerk and a copy thereof
mailed to the applicant within five business days after the day such
decision was rendered.
(6)
The concurring vote of a majority of the Board shall be required
to reverse an interpretation, order, requirement, decision or determination
of the Zoning Enforcement Officer, to grant a variance, or to render
any other decision which the Board is empowered to make.
A.
Public notice of public hearings required or permitted by these regulations shall be given by the Village in accordance with Subsection C below, and by publication in the Village's official newspaper at least five days prior to the date of such hearing. A copy of the notice shall also be mailed to the applicant. Additionally, each Board may, in its own discretion, provide such other form of notice as the Board deems appropriate with respect to any particular application.
B.
All public hearings shall be conducted as required by law and in
accordance with any rules established by the Board and the Chair.
Any person may appear in person or by agent or attorney and shall
be given an opportunity to be heard on the matter under consideration.
The Board may make a determination on the matter following the close
of the public hearing, or at a subsequent meeting of the Board without
further formal notice to the applicant or the public.
C.
Public notice by installation of sign at project location.
(1)
The posting of a Village-provided sign by the applicant for
the specified proposal, as provided for herein, shall be required
for the following types of applications:
(2)
One sign, two feet by two feet, shall be posted in a clearly
visible manner in each front yard of the lot under consideration by
the Board, not more than 20 feet from the street line.
(3)
The sign shall be provided by the Village to the applicant for
installation at the project site. All costs associated with the installation,
upkeep, removal and transportation of the sign shall be at the expense
of the applicant. The applicant shall pay a deposit for each sign
in an amount approximately equal to the cost of production of each
sign. The deposit shall be refunded to the applicant upon the return
of the sign to the Village in good condition.
(4)
The sign shall be installed the earlier of the following occurrences:
A.
Referral of certain actions required. Any proposed amendment in these
regulations, any special permit application, or any variance application
which would change the district classification of or a regulation
applying to real property lying within a distance of 500 feet of the
Village boundary line or within 500 feet of any county or state park
or highway right-of-way, existing or proposed county or state land
on which a public building is or is to be situated, or a county-owned
right-of-way of a stream or drainage channel, shall be referred to
the Madison County Planning Board prior to any action by the Board
of Trustees, Planning Board or Board of Appeals.
B.
Action following referral.
(1)
The County Planning Board shall have 30 days after receipt of
such referral in which to report its recommendations to the Board
of Trustees, Planning Board or Board of Appeals.
(2)
Failure of the County Planning Board to report within 30 days
may be construed to be approval by said Board, if the County Planning
Board disapproves the application proposal or recommends modification
thereof, the board having jurisdiction shall not act contrary to such
disapproval or recommendation except by a vote of a majority plus
one of all members of the board and after adoption of a resolution
setting forth the reasons for such contrary action. The County Planning
Board shall be notified in writing regarding action taken by the board
within 30 days following such action.
A.
Compliance required. The State Environmental Quality Review Act (SEQR)
requires the Village of Cazenovia and its legislative and administrative
boards to incorporate consideration of environmental impacts into
its planning, review and decisionmaking processes, including land
use and development and related zoning and other reviews and decisions
required to be made under these regulations. Accordingly, compliance
with SEQR shall be an integral part of these regulations. The Village
shall consider the environmental impacts of land use and development
and related construction actions as determined under SEQR as part
of and prior to any approval and authorization of actions prescribed
in these regulations.
B.
SEQR procedures.
(1)
Where any action involving a Board of Trustees, Planning Board
or Board of Appeals approval and authorization is determined to be
subject to SEQR, and where an environmental assessment form, environmental
impact statement, and related documentation, findings and declarations
are required to comply with SEQR, the applicant shall prepare and
submit such documentation on prescribed SEQR forms containing sufficient
information on environmental impacts acceptable to the Board reviewing
the application.
(2)
Notwithstanding any time periods for reviews and approvals prescribed
by these regulations, such time periods shall not expire before completion
of SEQR procedures and the receipt by the Board of comments, endorsements,
approvals, permits, and other responses, if any, required from other
public agencies having jurisdiction over any actions.
A.
Power of Board of Trustees. The Board of Trustees may on its own
motion, on petition or application, or on recommendation of the Planning
Board, amend, supplement, change, modify or repeal these regulations,
including zoning district or overlay district classifications and
boundaries, after public hearing and any other procedures required
by the Village Law.
B.
Referral to Planning Board.
(1)
Every proposed amendment or change initiated by the Board of
Trustees or by petition or application shall be referred to the Planning
Board for a report and recommendations thereon before public hearing.
If the Planning Board fails to submit such report and recommendation
within 30 days after referral, or within an extended time period requested
by the Planning Board and approved by Board of Trustees, the Board
of Trustees may proceed to schedule a public hearing and act on the
proposed amendment or change without such Planning Board report, subject
to any referral to the Madison County Planning Board and other applicable
requirements.
(2)
After a public hearing, a majority vote of the Board of Trustees
shall be required to amend these regulations, except in the instance
of a protest petition dealing with a zoning district classification
or boundary as provided in § 7-708 of the Village Law.
A.
Applicability: all building permit applications in all districts
involving any new building or exterior changes in existing buildings,
except that such review shall be waived where the Board may be reviewing
the application under the Historic Preservation Overlay District regulations.
B.
Purpose.
(1)
It is found that any extremely dissimilar, unusual, incongruous,
inharmonious or discordant exterior design treatment and appearance
of new or altered buildings or other structures and site features
in any neighborhood adversely affects the desirability of surrounding
areas for residential, business and other uses, and, by so doing,
impairs the benefits of existing occupancy and the stability and value
of both improved and unimproved real property in such areas, prevents
the most appropriate development of such areas, reduces the attractiveness
and value of property with attendant reduced maintenance deterioration
of conditions affecting the health, safety, comfort and general welfare
of the inhabitants thereof, and imbalances a proper relationship between
the taxable value of real property and the cost of mandated municipal
services.
(2)
To prevent these and other harmful effects caused by the introduction
of such building or site treatment and appearance in any neighborhood,
the Planning Board shall conduct an architectural review of proposed
construction, reconstruction or alteration of buildings and other
structures and site features in the Village requiring issuance of
a building permit.
C.
Architectural review criteria and procedures.
(1)
The Planning Board shall review and evaluate building permit
applications in terms of the reasonable compatibility, consistency
and harmony of the height, scale, proportions, nature and quality
of materials, colors and related architectural design characteristics
of proposed new or altered buildings and other structures and related
site development with the dominant and traditional architectural design
characteristics of surrounding existing buildings and site features.
(2)
Such review and evaluation is not intended to and shall not
dictate or encourage specific architectural designs. The intent shall
be to discourage and prevent any design which appears to substantially
disregard the characteristics of surrounding buildings and sites,
including buildings and sites in an historic district or in transitional
areas affecting an historic district, which may differ severely in
scale and proportions from surrounding buildings or sites, or which
may propose to use exterior materials and colors which are neither
harmonious with surrounding buildings nor typical of a reasonable
range of materials and colors normally employed for such construction,
or which may introduce site elements which interrupt the established
pattern of site treatment and settings, and which, if constructed
as proposed, would be so out of character and detrimental to the desirability,
stability, value, and benefit of surrounding building and site areas
as to produce any of the harmful effects identified above and reasonably
impair the general welfare of the community.
(3)
The Board may discuss and negotiate possible architectural and
site design modifications with the applicant, with a view toward mitigating
the design elements which the Board finds to be harmful.
(4)
The Board may approve with modifications, or disapprove any
application for a building permit in terms of such architectural review.
Any approval with modifications shall state the specific modifications
which the Board requires to grant approval, and shall afford the applicant
an opportunity to make such modifications in order to secure such
approval. Any disapproval shall state reasons for such disapproval
and identify the architectural and other design characteristics and
features of the proposed building and site which are sufficiently
dissimilar, inharmonious, inappropriate, or discordant in relation
to surrounding buildings and sites, and the anticipated harmful effects
of such characteristics, as to warrant disapproval.
A.
Intent.
(1)
The intent of site plan review and approval is to further promote
the purposes of these regulations by reviewing and regulating all
aspects of proposed use and development of land within the Village
which relate to the health, safety and general welfare of the community.
Such review and approval is designed to safeguard and maintain a clean,
wholesome and attractive environment, ensure conservation, protection,
and preservation of the Village's natural and man-made resources,
and prevent any adverse impacts on such environment and resources
which would be detrimental to the general welfare and to the continued
development and economic stability or growth of the Village.
(2)
Site plan review is not intended to prohibit any land use activity
which complies with these regulations and reasonably meets the review
standards and criteria set forth herein.
B.
Uses subject to review and approval. The Planning Board shall conduct
site plan review for all land use activities in the Village requiring
a building permit, except the following uses which otherwise comply
with all other requirements of these regulations:
(1)
New construction of individual one-family or two-family dwellings
and accessory structures.
(2)
Reconstruction of or interior alterations to existing structures.
(3)
Exterior alterations or additions to existing structures which
do not increase the total floor area of the structure by more than
25% and which do not involve any new street access or off-street parking
expansion.
(4)
Any resumption of prior use and occupancy of a building which
has been vacant for less than two years.
C.
Site plan review criteria and procedures.
(1)
Planning Board site plan review procedures shall be conducted
in accordance with Village Law § 7-725-a.
(2)
The Planning Board shall review all site plans as appropriate
in terms of the following criteria:
(a)
Location, arrangement, pattern, size, design and general site
compatibility of buildings, vehicular and pedestrian systems, signs,
lighting, open spaces and other facilities and features within the
site and in relation to surrounding uses and vacant land. Site compatibility
deals with reasonable placement and arrangement of buildings and other
facilities on the site in relation to existing topography, natural
features and other existing conditions, taking into account the scope
and resulting stability, drainage and visual implication of proposed
earthmoving and grading.
(b)
Adequacy and safety of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(c)
Location, arrangement, appearance, safety, and sufficiency of
off-street parking and loading.
(d)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy, type, size, and arrangement of trees, shrubs and other
landscaping constituting visual and/or noise buffers between the site
and adjoining lots, including the maximum retention of existing vegetation.
(h)
Adequacy of fire lanes and other emergency zones and provision
of fire hydrants.
(i)
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
D.
Site plan submissions. Site plans and all other supporting information
required for permit applications and all other applications shall
be submitted in sets of nine, and shall comply with the requirements
outlined below as they may apply to the project in question and the
specific application(s) being submitted.
(1)
Sketch development plan (optional).
(a)
The intent of a sketch plan is to permit the applicant to inform
and generally discuss a project with the Planning Board prior to and
without the expense of a formal application and preparation of more
detailed site development plans; and for the Board to review the proposed
land use and development and site plan, and to advise the applicant
as to potential issues, problems and concerns, if any, and any special
conditions or requirements which should be addressed in more detailed
subsequent site plan submissions. A sketch plan submission shall generally
include the following:
[1]
A USGS or other area map showing the location of the lot in
the Village, and lots, land uses, subdivisions, street and other right-of-way
and easements, and major natural and other features surrounding the
lot.
[2]
A sketch plan of adequate scale and detail, with North arrow,
showing the lot boundaries, dimensions, and area; existing zoning
of the lot and adjoining lots; existing and proposed buildings, building
additions, land subdivision and site development; existing and proposed
utilities; topography and major natural features; and any other information
necessary to identify and explain key aspects of the proposed project.
[3]
Information on the sketch plan or on a supplemental statement
identifying the name and address of owner(s) of record of the lot;
name and address of applicant if different (in which case provide
authorization of owner and identify applicant's ownership interest
such as a purchase contract); name and address of engineer, architect,
landscape architect, surveyor, or any other person(s) or firm(s) preparing
the plan.
(b)
A sketch plan submission is not mandatory; an applicant may
initially prepare more detailed site plan submissions with a formal
application.
(2)
Preliminary and final development plans.
(a)
Drawing and information requirements are generally applicable
to both preliminary and final development plan review procedures,
including site development plans required for a Planned Development
District application. No matter how detailed, any initial site plan
submission is considered to be a preliminary plan for purposes of
Planning Board review. If all information is adequate and no changes
are required, a preliminary plan may serve as a final plan. Submissions
which clearly lack a level of detail and information consistent with
the character of the land or the scope and complexity of a project
shall not be accepted for review.
(b)
Submission requirements shall be as follows:
[1]
Site plan:
[a]
Title of drawing, date, and information shown above
for submission of a sketch plan.
[b]
North arrow and scale; site plans shall be drawn
at a minimum scale of one inch equals 100 feet with significant new
development projects drawn at one inch equals 50 feet or other larger
scale as required to adequately show necessary detail.
[c]
Boundaries of the lot drawn to scale with lot line
dimensions and bearings, and lot area shown.
[d]
Current zoning district classification of the lot
and adjoining lots, including exact zoning district boundary if the
lot is in more than one district.
[e]
Locations, widths, and names of existing and proposed
adjoining and interior streets.
[f]
Lot lines and names of owners of adjoining lots.
[g]
Location, width and purpose of existing and proposed
easements, rights-of-way, or other areas dedicated or reserved for
dedication to public use, or intended for private use by other lots,
within and adjoining the lot.
[h]
Existing watercourses and other major drainage
channels, wetlands soil classifications and geologic features, vegetative
cover, floodplain areas, historic buildings and sites, archaeologically
sensitive areas, and other significant natural and cultural features.
[i]
Any land subdivision being proposed.
[j]
Location, use, elevation, and basic exterior dimensions
and character of all existing and proposed buildings, including building
coverage calculations, building line, setback and other dimension
requirements.
[k]
Location of all dumpsters and other trash facilities
and all ground-mounted HVAC and other equipment.
[l]
Location, design and type of construction of interior
drives, parking areas, including individual parking, loading and service
areas and docks, and all sidewalks, and pedestrian facilities, showing
traffic access, egress and movement patterns.
[m]
Location, design and type of construction of existing
and proposed site improvements, including storm drains, culverts,
retaining walls, fences, flag poles, signs, lighting, tanks and outdoor
storage areas.
[n]
Description of method of sewage disposal and source
of water supply and energy, location, design and distribution of such
facilities.
[o]
Location of fire and other emergency zones, including
fire hydrant availability and distribution, or other fire-fighting
provisions.
[p]
A table showing calculations of required and provided
parking spaces, summary of the building area, building coverage and
lot coverage, building height(s) and setbacks.
[q]
Proposed project construction schedule.
[r]
Record of applications made for necessary permits,
if any, required from other public agencies and the status of such
applications.
[s]
Other information necessary to fully explain the
project.
[2]
Grading plan. The grading/drainage plan shall provide existing
grading, proposed grading, and information on the stormwater management
system as required by New York State Department of Environmental Conservation
Phase II regulations. Information provided should include, but is
not limited to, the following:
[a]
Existing and proposed topography at a minimum of
one-foot contour intervals. In general, slopes must be less than 4:1.
[b]
Spot elevations as necessary to convey drainage
collection, dispersal, and distribution.
[c]
Rim elevations of all stormwater structures.
[d]
The size, flow direction, and inverts for all pipes.
[e]
Top and bottom elevations for all retaining walls,
curbing, and other grade changes.
[f]
Inverts for all retaining/detaining pond outfalls.
[g]
Sufficient topographic detail on detention/retention
basins to determine if water quality and quantity standards are being
met. SPDES requirements must be met for sites with greater than one
acre of disturbance.
[h]
All basins installed in connection with SPDES requirements
should reflect a natural, organic form and be landscaped in a fashion
consistent with naturally occurring ponds and swales. Wherever allowed
by the site's topography and drainage characteristics, these basins
should be installed at the rear of the site. Side slopes on these
basins shall be no greater than 4:1.
[i]
A minimum 1% and not greater than 5% slope in paved
areas.
[j]
Sedimentation and erosion control measures in accordance
with NYSDEC SPDES permit requirements. A separate stormwater management
report supporting the design should be provided.
[3]
Utilities plan. The utility plan shall show the locations of
all existing and proposed utility lines/connections and shall include
the following as appropriate:
[a]
Water — both mains and laterals. Provide
sizes of all pipes existing and proposed.
[b]
Telephone — both above and below grade. All
new installations will be underground from the property lines.
[c]
Electric — both above and below grade. All
new installations will be underground from the property line. Exterior
meters shall be screened.
[d]
Gas — Exterior meters shall be screened.
[e]
Cable/fiber optic — both above and below
grade. All new installations will be underground from the property
line.
[f]
Sanitary sewer — all structures and pipes,
mains and laterals, existing and proposed, with rim elevations, size,
flow direction, and inverts of all new and existing pipes.
[g]
Roof leaders — Exterior leaders are discouraged.
Discharging exterior leader water onto adjacent pavement is not allowed.
[4]
Landscaping plans.
[a]
A separate landscaping plan shall be provided for
all applications.
[b]
Existing trees shall be preserved wherever practical.
[c]
Plant materials shall be liberally located throughout
the site. Massing of multiple plants is preferable to the installation
of individual plants. A successful planting plan will feature a variety
of types (trees, shrubs, ground covers, perennials, deciduous, evergreen)
and sizes of plant materials.
[d]
Appropriate street tree species are also the preferred
specimens in parking lot applications.
[e]
Planted areas should be placed between parking
lots and public streets.
[f]
Shrubs and ground covers shall provide visual interest
in all seasons.
[g]
The landscaping plan shall include a keyed planting
schedule specifically detailing the number, species, and size of all
plant materials.
[h]
The landscaping plan shall include a note committing
the owner to the permanent maintenance and replacement of all plant
materials depicted on the landscaping plan, including lawn areas,
fences and retaining walls.
[i]
Unless located in a hardscape (plaza, courtyard,
etc.), water features (including ponds and wet areas created as part
of the stormwater management system) shall be organically shaped and
be sympathetic to the natural topography of its setting.
[j]
Weed control fabric and mulches shall be provided
as appropriate. Stone mulches are discouraged.
[k]
Berms and trees should not be located over Village
utilities.
[l]
Clearly designate lawn areas.
[5]
Architecture — elevation drawings. The applicant shall
provide colored renderings of all building elevations. The elevations
must be comprehensively annotated for materials and colors with accurate
detailing. Elevations must include ancillary improvements such as
screening of rooftop equipment, communication equipment, light fixtures,
all electrical equipment, all piping, mechanical openings, vents,
awnings, signs, and any other visible building amenities. Provide
an indication of foundation walls and pattern of wall materials. The
area to be utilized for an allowed sign shall be noted. The following
list includes architectural details that should be provided:
[a]
Foundations and footings.
[b]
Exterior wall sections — show all typical
conditions, indicate foundation and footings.
[c]
Expansion and control joints (if applicable).
[d]
Fences or other screening of HVAC equipment.
[e]
Wall openings.
[f]
Trash enclosures.
[g]
A roof plan must be submitted showing all roof-mounted
equipment together with screening of equipment.
[h]
All exterior lights and lighting fixtures.
[6]
Lighting plans. Exterior lighting must conform to adopted Village
lighting standards. A lighting plan denoting light levels at all points
on the site and catalog cuts of all fixtures must be provided before
final approval can be given by the Planning Board.
[7]
SEQR information as required by law and as further determined
by the Planning Board.
[8]
Other information. The above lists shall not limit the type
of information required nor the right of the Planning Board, Board
of Trustees, Board of Appeals, or the Zoning Enforcement Officer acting
on behalf of such Boards, to request additional site plan and other
information, particularly where the project is of significant scope,
complexity, and environmental and community sensitivity and impact.
E.
Planning Board findings.
(1)
Based upon the above considerations, in order to approve a site
plan for purposes of authorizing a building permit, the Planning Board
shall make the following findings:
(a)
The proposed use and site plan comply with all regulations applicable
to the district in which it is located.
(b)
The proposed use and site plan are to be developed in such a
way as to provide maximum land use efficiency and amenity within the
site and in relation to surrounding uses, based upon a reasonable
consideration of the site plan and functional requirements of the
proposed use.
(c)
The proposed use and site plan recognize and will not impede
development of any adjoining vacant land resources.
(d)
The proposed use and site plan will not have an adverse impact
upon the character or integrity of any land use within the immediate
neighborhood having unique recreational, cultural, historical, architectural,
or other special community values, including those inherent in any
conservation areas identified on the Zoning Map.
(e)
The proposed use and site plan are physically and visually compatible
with and will not impede the development or redevelopment of the general
neighborhood or adversely affect existing land uses surrounding the
site, including but not limited to adverse effects of dust, noise,
vibration, heat, glare, or odor.
(f)
The site plan provides and permits adequate supporting services
such as fire and police protection, public and private utilities and
all other supporting governmental services necessary and appropriate
to the proposed use.
(g)
The site plan design and control of vehicular and pedestrian
traffic provide for the maximum safety of the general public and the
occupants, employees, visitors, and other persons using the site.
(2)
The Board may approve, approve with modifications, or disapprove
any application for a building permit in terms of such site plan review.
The Planning Board may elect to hold a public hearing as part of the
site plan review process.
(3)
Any approval with modifications shall state the specific modifications
which the Board requires to grant approval, and shall afford the applicant
an opportunity to make such modifications in order to secure such
approval. Any disapproval shall state reasons for such disapproval
and identify the site plan characteristics and features which did
not permit such findings and approval.
A.
Intent and purpose.
(1)
Under these regulations, special uses are considered to be uses
which may be appropriate in the district in which they are located,
but which possess special characteristics which may pose land use
problems or difficulties if controlled only by the district regulation
applicable to permitted uses.
(2)
Accordingly, such uses are further controlled by a procedure
which requires special consideration and additional regulations for
each such use in order to mitigate any such problems or difficulties
and minimize the impact upon the district. Each use warrants consideration
as an individual case in the district and on the specific lot on which
it is proposed to be located. Granting of a special permit for a special
use in a zoning district shall be based on its own unique facts and
circumstances and shall not establish any precedent for granting of
a special permit for the use or any other special permit use on any
other lot in the district or in other districts.
B.
Special uses subject to special permit. Uses requiring a special
permit are identified as special uses in each zoning district. A special
permit is a building permit authorized and issued for a special use,
and does not involve a separate permit document; however, the building
permit may be accompanied by special conditions, modifications and
requirements imposed by the Planning Board. Any modification of existing
buildings, structures and uses previously authorized by special permits,
site plan approvals, variances and similar special approvals shall
be subject to further special permit approval.
C.
Planning Board procedures. Special permit review and approval procedures
shall be conducted in accordance with these regulations and as otherwise
required by law. A special permit requires a public hearing.
D.
Special use review criteria and findings.
(1)
General criteria. The Planning Board shall review all special
uses on the basis of both architectural review and site plan review
criteria and findings identified above, and shall also review and
determine that the use as proposed on the specific lot location in
the district will generally satisfy the following criteria:
(a)
The physical characteristics, topography and other features
of the lot and the scale and physical design and other features of
any new or existing buildings to be occupied by the use are suitable
and adaptable for the proposed use without any modifications which
would change the established character of the street or neighborhood
setting.
(b)
The nature and intensity of operations of the use will not be
more objectionable to surrounding properties than those of a permitted
use.
(c)
The use is not in such proximity to a religious facility, school,
community center, recreation place, or other prominent place of community
activity and public assembly so as to regularly conflict with such
other activity and thereby constitute a danger to health, safety or
general welfare.
(d)
The use will not unreasonably increase or introduce traffic
congestion or safety hazards or impose traffic volumes on streets
and street patterns which are deficient in width, design, sight distance,
intersection configuration, or other typical standards necessary to
accommodate such traffic changes.
(e)
The use makes adequate provision for off-street parking in accordance
with these regulations.
(f)
The use and the proposed design of building and other structure
and site facilities for the use are appropriate in the proposed location
and have incorporated reasonable efforts to harmonize with surrounding
uses and mitigate any adverse impacts on surrounding uses, including
but not limited to traffic congestion and hazards, untimely scheduling
of activities, removal of trees and other established natural features,
and excessive stormwater runoff, noise, nuisance, odors, glare or
vibration.
(g)
The cumulative impacts of the use in the proposed location will
not unreasonably interfere with or diminish the continued use, preservation,
stability, value, enjoyment, prosperity or growth of the neighborhood
or community.
(h)
The use will not conflict in any way with the Comprehensive
Plan.
E.
Additional requirements.
(1)
If the Planning Board determines that a proposed change or modification
to an existing special use is substantial, the Board shall hold a
public hearing as if for a new special use. A change or modification
shall be deemed substantial if the proposal significantly changes
the use, design, character or potential impacts of the existing lot
or structure.
(2)
The Planning Board may impose conditions on a special use in
its issuance of a special permit which, in its opinion, are reasonable
and necessary to promote the safety, health and general welfare of
the community, including preservation of the general character of
the neighborhood in which the use is located. By way of illustration
and not limitation, such a condition could restrict the hours of operation
of any special use.
A.
In addition to building permit fees required from time to time by
the Board of Trustees, fees, as set from time to time by resolution
of the Village Board of Trustees, shall be paid for other applications
made under these regulations to reasonably defray the expenses to
the Village of required review procedures.
B.
An application involving more than one of the above-described review procedures shall require payment of only the highest applicable fee. An application shall not be complete and acceptable for review until the required fee is paid. Such fee shall be in addition to any fees required under Chapter 155, Subdivision of Land.
C.
In addition to the above-described fees, the applicant shall reimburse
the Village for the expenses of publication of a notice of a SEQR
finding or action, and any other notices required in connection with
proceedings under SEQR. Payment shall be made prior to any action
on the application by the Board having jurisdiction.
A.
Legislative findings, intent and purpose.
(1)
The Board of Trustees hereby finds and determines that in order
to protect and safeguard the Village of Cazenovia, its residents and
their property with respect to certain land developments and projects
within the Village, all buildings and related improvements, highways,
drainage facilities, utilities and parks within developments and projects
should be designed and constructed in a competent and workmanlike
manner and in conformity with all applicable governmental laws, codes,
rules and regulations and should be dedicated and conveyed to the
Village in a legally sufficient manner. To assure the foregoing, it
is essential for the Village to have and to retain competent engineers
and other professional consultants to review and approve plans and
designs, make recommendations to the Village Board, Planning Board
and Zoning Board of Appeals, inspect the construction of highways,
drainage facilities, utilities and parks to be dedicated to the Village
and to recommend their acceptance by the Village and for the Village
to have and retain competent attorneys to assist in the application
review process, to negotiate and draft appropriate agreements with
developers, to obtain, review and approve necessary securities, insurance
and other legal documents, to review proposed deeds and easements
to assure that the Village is obtaining good and proper title, to
render legal opinions and to generally represent the Village with
respect to any legal disputes and issues which may arise regarding
such developments and projects. The cost of retaining such competent
engineers, attorneys and other professional consultants should ultimately
be paid by those who seek to benefit from such developments and projects,
including variances, subdivision approvals, site plan approvals, special
permits or uses rather than by general Village funds which are raised
by assessments and/or general taxes paid by taxpayers of the Village.
(2)
This chapter and section are enacted under the authority of
Municipal Home Rule Law § 10, Subdivision 1(ii)(a)(12) and
(d)(3), and the Municipal Home Rule Law § 22. To the extent
that Village Law §§ 7-718, 7-725-a, 7-725-b, 7-728,
7-730, 7-732, 7-712, 7-712-a, and 7-712-b do not authorize the Village
Board, Village Planning Board and/or the Village Zoning Board of Appeals
to require reimbursement to the Village of legal, engineering and
other professional consulting fees, expenses and costs incurred by
the Village in connection with the review and consideration of applications
for subdivision approval, for the approval, amendment or extension
of a district and/or for the review and consideration of applications
for approval of variances, site plans and/or special permits under
the Village's Zoning Code, it is the expressed intent of the Board
of Trustees to change and supersede such statutes. More particularly,
to the extent that such statutes do not authorize the deferral or
withholding of such consideration, review, acceptance or approvals
in the event that such fees, expenses and costs are not paid to the
Village, it is the expressed intent of the Village Board to change
and supersede Village Law §§ 7-718, 7-725-a, 7-725-b,
7-728, 7-730, 7-732, 7-712, 7-712-a, and 7-712-b to empower the Village
to require such payment as a condition to such consideration, review,
acceptance or approvals.
B.
When reimbursement required.
(1)
Subdivisions.
(a)
An applicant for approval of a subdivision in the Village shall
reimburse the Village for all reasonable and necessary legal, engineering,
and other professional consulting fees, expenses and costs incurred
by the Village in connection with the review and consideration of
such subdivision.
(b)
A developer who constructs or proposes to construct one or more
highways, drainage facilities, utilities or parks within or in conjunction
with an approved subdivision in the Village shall reimburse the Village
for all reasonable and necessary legal, engineering and other professional
consulting fees, expenses and costs incurred by the Village in connection
with the inspection and acceptance by the Village of such highways,
drainage facilities, utilities and parks and the dedication of the
same to the Village.
(2)
Variances, site plan approvals, certificates of compatibility,
special permits and zoning amendments. An applicant or developer making
application for the approval of a site plan, certificates of compatibility,
or a special permit or seeking approval of an application for a variance
or amendment of the Zoning Code and/or Zoning Map, shall reimburse
the Village for all reasonable and necessary legal, engineering and
other professional consulting fees, expenses and costs incurred by
the Village in connection with the review and consideration of such
application.
C.
Deposit of funds; payment of fees.
(1)
Simultaneously with the filing of an application for approval
of a development or the filing of an application for approval of a
variance, site plan approval, certificates of compatibility, special
permit or an amendment to the Zoning Code and/or Zoning Map, the applicant
or developer, as the case may be, shall deposit with the Village Treasurer
a sum of money, as determined in accordance with the schedule of deposits
fixed by the Village Board pursuant to this chapter, which sum shall
be used to pay the reasonable and necessary fees, expenses and costs
incurred by the Village for legal, engineering and other professional
consulting services as described herein.
(2)
Upon receipt of such sums, the Treasurer shall cause such monies
to be placed in a separate non-interest-bearing account in the name
of the Village and shall keep or cause to be kept a separate record
of all such monies so deposited and the name of the applicant or developer
and the application and development for which such sums were deposited.
(3)
Upon receipt and approval by the Treasurer of itemized vouchers
from an attorney, engineer and/or other professional consultant for
services rendered on behalf of the Village pertaining to the development
or the application for a variance, site plan approval or special permit,
the Treasurer shall cause such vouchers to be paid out of the monies
so deposited and shall debit the separate record of such account accordingly.
The Treasurer shall furnish copies of such vouchers to the applicant
or developer upon request.
(4)
The Treasurer, on behalf of the Village and subject to audit
and review by the Village Board, shall review and audit all such vouchers
and shall approve payment of only such legal, engineering, and/or
other professional consulting fees, expenses and costs as are reasonable
in amount and necessarily incurred by the Village in connection with
the review, consideration and approval of developments, the inspection
and acceptance of highways, drainage facilities, utilities and parks
within or in conjunction with such developments, and the review, consideration
and approval of applications for variances, site plan approval, special
permits and amendments to the Zoning Code and/or Zoning Map. For purposes
of the foregoing, a fee or part thereof is reasonable in amount if
it bears a reasonable relationship to the average charge by engineers
or attorneys to the Village for services performed in connection with
approval or construction of a similar development or project, and
in this regard the Village may take into consideration the size, type,
value and number of buildings to be constructed, the amount of time
to complete the development or project, the topography of the land
on which such development is located, soil conditions, surface water,
drainage conditions, the nature and extent of highways, drainage facilities,
utilities and parks to be constructed and any special conditions or
considerations the Village may deem relevant. For purposes of the
foregoing, a fee, expense or cost, or part thereof is necessarily
incurred if it was charged by the attorney, engineer or other professional
consultant for a service which was rendered in order to protect or
promote the health, safety or other vital interests of the residents
of the Village, protect public or private property from damage from
uncontrolled surface water runoff and other factors, to assure the
proper and timely construction of highways, drainage facilities, utilities
and parks and otherwise to protect the legal interests of the Village,
including receipt by the Village of good and proper title to dedicated
highways and other facilities and the avoidance of claims and liability
and such other interests as the Village may deem relevant or to assure
the proper and timely review and consideration of an application for
a variance, site plan approval or a special permit.
(5)
If at any time during or after the processing of such application
or the construction, inspection or acceptance of buildings, highways,
drainage facilities, utilities or parks or during or after the processing
of an application for a variance, site plan approval, certificate
of compatibility, or special permit there shall be insufficient monies
on hand to the credit of such applicant or developer to pay the approved
vouchers in full, or if it shall reasonably appear to the Treasurer
that such monies will be insufficient to meet vouchers yet to be submitted,
the Treasurer shall cause the applicant or developer to deposit additional
sums as the Treasurer deems reasonably necessary or advisable in order
to meet such fees, expenses and costs or anticipated fees, expenses
and costs.
(6)
In the event that the applicant or developer fails to deposit
such funds or such additional funds, the Treasurer shall notify the
Village Board and, as applicable, the Chair of the Planning Board,
the Chair of the Zoning Appeals Board, and the Village's Zoning and
Code Enforcement Officer of such failure, and any review, approval,
building permit or certificates of occupancy shall be withheld by
the appropriate board, officer or employee of the Village until such
monies are deposited.
(7)
After final approval, acceptance and/or the issuance of a certificate
of occupancy relating to any specific development, or any requested
variance, site plan approval or special permit and/or amendment to
the Zoning Code and/or Zoning Map, and after payment of all approved
vouchers submitted regarding such development or application, any
sums remaining on account to the credit of such applicant or developer
shall be returned to such applicant or developer, along with a statement
of the vouchers so paid.
D.
Deposit amounts. The amount of the initial deposit for the various
developments and/or applications covered by this section shall be
as set forth in a schedule of deposits established from time to time
by resolution of the Village Board. The schedule shall remain in effect
and shall apply to all applicants and developers until amended or
revised by subsequent resolution of the Village Board.
E.
Application fees. The deposits required by this chapter shall be
in addition to any application fees as may be required by other laws,
rules, regulations or ordinances of the Village of Cazenovia, the
County of Madison, the State of New York or of any other body having
jurisdiction with respect to a development, drainage facility, highway,
utility or park or to an application for a variance, site plan approval,
special permit and/or amendment to the Zoning Code and/or Zoning Map,
and shall not be used to defray either the Village's general expenses
for legal, engineering or other professional consulting fees, expenses
or costs for the several boards of the Village or its general administration
expenses.
F.
Severability. If any clause, sentence, paragraph, subdivision or
part of this section shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not impair or invalidate the remainder
thereof but shall be limited in its operation to the clause, sentence,
paragraph, subdivision, section or part thereof directly involved
in the proceeding in which such judgment is rendered.
A.
Unlawful actions. It shall be unlawful for any person, firm or corporation
to:
(1)
Construct, alter, repair, move, remove, demolish, equip, use,
occupy or maintain any building or structure or portion thereof or
use any land in violation of any provision of this chapter.
(2)
Fail to comply with a written stop-work order or any other notice,
directive or order of the Code Enforcement Officer or the Zoning Enforcement
Officer.
(3)
Construct, alter or use and occupy any building or other structure,
or portion thereof, or use any land in a manner not authorized by
a building permit issued in accordance with site and building and
other documents approved with applicable findings by the Board of
Trustees, Planning Board and/or Board of Appeals as required by any
provision of this chapter.
B.
Violations.
(1)
Any person, firm, corporation, or other party or entity, whether
owner, tenant, builder, or contractor working on a subject lot or
facility, who violates any provision of this chapter shall be considered
guilty jointly and/or severally of an offense against the health,
safety, and welfare of the residents of the Village. The owner(s)
of property upon which a violation of this chapter has occurred or
is occurring shall be deemed vicariously liable for any such violation.
(2)
Each and every day that any violation of any provision of this
chapter continues shall constitute a separate violation.
C.
Penalties for offenses.
(1)
Civil fee.
(a)
Any unlawful action or other noncompliance with any provision
or requirement of these regulations or of any plan, application, permit
or certificate approved under these regulations shall be a violation
for which the Village may impose a civil fee assessed at the rate
of $20 a day for each day the violation exists, up to a maximum of
$1,000 for each such violation. The owner of a building or lot or
part thereof where such a violation has been committed and exists
and any agent, contractor, or other person or corporation who commits
or takes part or assists in such violations shall be liable for such
civil fee. All such fees shall be collectible by and in the name of
the Village of Cazenovia.
(b)
The Village may take appropriate remedies, including but not
limited to the imposition of a lien on the property, in order to collect
such fees.
(2)
Criminal penalty.
(a)
A violation of any provision of this chapter constitutes a criminal
offense. For purpose of conferring jurisdiction upon courts and offices
generally, any violation of this chapter shall be deemed to be a violation
as defined in the Criminal Procedure Law, and for such jurisdictional
purpose only, all provisions of law relating to the prosecution of
violations shall apply to all such violations.
(b)
The Zoning Officer, whether he holds the title of Code Enforcement
Officer or such other title as may be given by the Village Board,
is empowered to enforce these regulations and to issue and serve appearance
tickets and such other process as may be required and/or authorized
by these regulations or the Criminal Procedure Law in the course of
such enforcement proceedings. Any enforcement action or proceeding
may be commenced upon the personal knowledge of the Zoning Officer
or upon the sworn statement of another individual.
(c)
Upon a plea or finding of guilty to a violation of any provision
of this chapter, the court may impose a fine and/or jail sentence
as the court may, in its discretion, deem appropriate, as follows:
[1]
A fine of not more than $250, and/or a jail sentence of up to
15 days may be imposed for each such violation.
D.
Injunctive relief. In case any building or other structure is erected,
constructed, reconstructed, altered, converted, moved, removed, or
maintained, or any structure or land is used or occupied in violation
of these regulations, the Board of Trustees, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful action; to restrain, correct or abate such violation;
to prevent the occupancy of said structure or land; or to prevent
any illegal act, conduct, business or use in or about such premises.
E.
Complaints. Whenever a violation of these regulations occurs, any
person may file a complaint in regard thereto. In the event such complaints
shall be in writing and shall be filed with the Zoning Enforcement
Officer, the Zoning Enforcement Officer shall record such complaint
and shall investigate and take such action as he/she deems appropriate.
