§ 175-128Interpretation of provisions.
§ 175-129Effect on other provisions of law.
§ 175-130Enforcement.
§ 175-131Right of entry.
§ 175-132Issuance of permits.
§ 175-133Completion of permitted buildings.
§ 175-134Certificate of occupancy.
§ 175-135Fees.
§ 175-136Penalties for offenses.
§ 175-137Site plan requirements.
§ 175-138Public records.
§ 175-139Amendments.
§ 175-140Repealer.
In applying and interpreting this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience or the general welfare. The following specific regulations shall apply:
A minimum required lot or yard size for one building or structure shall not be used as any part of a required lot or yard for a second structure.
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with any provisions of law or ordinance or regulations, existing or as may be adopted in the future. Nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on the village map.
It shall be the duty of the Building Inspector to administer and enforce the provisions of Article 7 of the Village Law and the provisions of this chapter. Should said Building Inspector be in doubt as to the meaning or intent of any provision of this chapter, or as to the location of any district boundary line on the Zoning Map, or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall appeal the matter to the Board of Appeals for interpretation and decision. The Building Inspector shall adopt rules of procedure, consistent with this chapter, for the purpose of assuring efficient and uniform administration of its provisions. If the Building Inspector should mistakenly issue a building permit which violates the provisions of this chapter, that building permit shall be invalid.
The Building Inspector and his deputies and assistants, Chief of Police and Fire Chief and their authorized agents shall have the right and authority, at any reasonable hour, to enter any building, structure, premises, lot or land, whether already erected or put into use or in the course of being erected or put into use, for the purpose of determining whether or not the provisions of this chapter are being complied with.
All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Building Code.
The plot plan shall show a separate lot for each main building; provided, however, that where a development consists of an integrated arrangement of dwellings, multiple dwellings or other buildings designed and intended to be maintained in a single ownership, the Building Inspector may waive the requirement of showing separate lots for each separate main building.
No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.
Where a lot is formed from part of a lot already improved, the separation must be effected in such a manner as not to impair any of the provisions of this chapter, whether related to the then existing improvement or to a proposed or future new improvement on the lot so formed, and in such a manner that both the remainder of the former lot and the new lot so formed shall comply with the lot area and lot width provisions of this chapter.
After completion of footings and establishing forms on the first course of the walls or equivalent structure, the owner shall cause a survey to be made by a licensed land surveyor, showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Building Inspector before any further construction is commenced.
Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure or the use thereof, provided that:
The construction of such building or structure shall have been begun and diligently prosecuted within three months from the date of such permit.
The ground story framework, including the second tier of beams, shall have been completed within six months from the date of such permit.
The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based within one year from the effective date of this chapter or any such amendment thereto.
It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof hereafter erected or altered, enlarged or moved or put into use, in whole or in part, after the effective date of this chapter or any building, structure, premises, lot or land or part thereof of which the use is changed until a certificate of occupancy has been obtained by the owner, as provided for under the Building Code.
No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
Upon written application by the owner or his authorized agent, the Building Inspector shall issue a certificate of occupancy for any building or structure, lot or land existing and in use at the effective date of this chapter, provided that said Building Inspector shall find that such building or structure, lot or land is in conformity with the applicable provisions of this chapter or is a nonconforming building or structure as defined in § 175-3B or a nonconforming use as defined in § 175-3B and in any case is in conformity with all other ordinances.
No certificate of occupancy shall be issued unless the provisions of the Village of Washingtonville Subdivision Regulations
Statement of intent.
The Village of Washingtonville incurs significant expenses in the operation of the Planning Board, the Zoning Board of Appeals and the office of the Building Inspector.
These expenses include but are not limited to administrative, legal and engineering costs.
Administrative costs include but are not limited to processing applications, consultations among municipal officers and officials regarding the facts and circumstances of the application, preparation of hearing notices, publication of hearing notices, providing notice to other governmental agencies, preparation of affidavits of posting and publication, preparation and maintenance of official records regarding the application and municipal review of the application, testimony by municipal officials at public hearings, processing of resolutions and determinations, filing fees and miscellaneous services and disbursements.
Legal costs include but are not limited to application review, review and analysis of applicable zoning law provisions, review and analysis of applicable subdivision regulations, preparation of hearing notices, attendance at meetings and public hearings, preparation of resolutions and determinations, preparation of State Environmental Quality Review Act (SEQR) determinations, review of bonds for public improvements, review of offers of dedication, review of easements, preparation and review of agreements, review of deeds and miscellaneous services and disbursements.
Engineering costs include review of plans at various stages, analysis of public improvements, preparation of reports, design analysis, inspection fees, preparation of improvement costs estimates, examination of property descriptions and miscellaneous services and disbursements.
When these expenses are occasioned in connection with an appeal, application or petition made by an applicant to the village or an instrumentality of the village, then it is proper and in the public interest for the applicant to bear the cost of these expenses.
Fees to be paid in advance with complete applications. Unless otherwise specifically provided in this section or a subsequent resolution establishing fees, the fees required pursuant to this section shall be paid in advance upon submission of an application, and the failure to submit the full payment required shall render the application incomplete.
Fees set by resolution.
The fees required pursuant to this section may be established by resolution of the Board of Trustees and such resolution may be modified from time to time. Any such resolution or modification shall take effect after adoption and upon filing with the Village Clerk and shall apply to all applications filed thereafter, including pending applications.
Except in the case of area variances, the fees established pursuant to this section shall be deemed to be minimum fees, and any additional expenses actually incurred by the village for professional consultations, hearing notices and other nonministerial expenses shall be imposed on the applicant and paid prior to the endorsement of an approved subdivision plat or site plan, or the issuance of any building permit, or the filing of any applicable local law with the Secretary of State.
Planning Board fees. Fees shall be established for the following Planning Board matters:
Fees for local laws resulting from application or petitions.
Whenever, in connection with an application or petition, a local law is necessary or appropriate to implement the benefit or relief sought or to regulate conditions occasioned by the granting of an approval or approvals, the total actual expenses incurred by the village in connection with the preparation and consideration of a proposed local law shall be borne by the applicant. The minimum fees established by resolution shall be paid by the applicant upon the earlier of submission of a petition, if applicable, or prior to the endorsement of an approved subdivision plat or site plan, or the issuance of any building permit, or the filing of any applicable local law with the Secretary of State.
If the administrative or other expenses of the village exceed the amount deposited pursuant to this section, the balance shall be paid by the applicant prior to the endorsement of any subdivision plat or site plan, or the issuance of any building permit, or the filing of any applicable local law with the Secretary of State.
Freshwater wetlands fees. Fees shall be established for freshwater wetlands application and/or permit fees.
Reacquaintance fees. Whenever an extension is necessary to prevent an approval from lapsing or becoming otherwise void, the first such request for an extension shall be processed at no charge, and the second and each subsequent request for an extension shall be processed only upon prior payment of fees established by resolution of the Board of Trustees.
Fees for building permits applications and for issuance of building permits and certificates of occupancy shall be as prescribed in the schedule of fees
SEQR compliance. Whenever environmental analysis is required pursuant to the provisions of the State Environmental Quality Review Act (SEQRA) or any local law implementing SEQRA, all expenses relating to the environmental analysis shall be borne by the applicant.
Amendments to approved plans. Whenever an application is submitted to amend an approved plan or permit, it shall be deemed a new application and the fees specified pursuant to this section shall apply; provided, however, that in the case of an amendment to a subdivision plat, the fees shall be based on the number of lots modified or affected by the amendment, and provided further that in no event shall the fees due on a subdivision amendment application be less than the minimum provided for a minor or major subdivision, respectively.
A violation of any provision or requirement of this chapter or a violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be considered an offense punishable by a fine of not more than $250 and/or imprisonment for not more than 10 days for each violation. Each day's continued violation shall constitute a separate and distinct violation.
The owner, agent or contractor of a structure, building, premises, lot or land or part thereof where such violation has been committed or exists and any agent, contractor, architect, builder, corporation or other person who commits, takes part in or assists in such violation shall be guilty of such an offense.
In the event that the Building Inspector, Code Enforcement Officer or designated representative determines a violation has been committed or exists, he shall deliver either personally or by certified mail, return receipt requested, to the owner, agent or contractor of the building, structure, premises, lot or land a written notice of the violation and order to remedy, setting forth the date by which the violation must be ceased, corrected or remedied. Delivery by mail of the notice of violation and order to remedy shall be to the last known address of the owner, agent or contractor.
In the event that the violation is not ceased, corrected or remedied within the time set forth in the notice of violation, the Building Inspector is authorized to issue and serve an appearance ticket. The appearance ticket shall be served personally. A copy of the same, along with an affidavit of service, shall be delivered to the court prior to the appearance date.
The imposition of penalties herein prescribed shall not preclude the village or any person from instituting an appropriate legal action or proceeding to prevent any unlawful construction, erection, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent the unlawful occupancy of a structure, building, premises, lot or land or part thereof.
No building permit or certificate of occupancy for any building or structure or use, other than a one- or two-family dwelling or permitted accessory buildings, structures or uses thereto, shall be issued unless the Planning Board has previously approved a site plan pursuant to this section. Continued compliance with the approved final site plan shall be a requirement of the continued validity of any certificate of occupancy.
Site plan approval. The purpose of site plan review and approval is to secure compliance with the purposes and provisions of this chapter and with professional design practice for site improvements, including but not limited to location and dimensions of buildings, drainage, sidewalks, curbing, parking, means of access, landscaping, buffering, fences, storage, signs, grading, utilities, impact on adjacent land uses and other elements that reasonably relate to the health, safety and general welfare of the community.
Site plan contents.
Site plans shall be prepared by a legally qualified professional licensed in the State of New York.
A site plan shall contain the following information:
A detailed development plan showing the applicant's entire property, lot area, adjacent properties and owners thereof and streets, at a convenient scale.
The location, width and purpose of all existing and proposed easements, restrictions, covenants, reservations and setbacks.
The proposed location, use and exterior design of all buildings and structures, together with relevant floor areas and elevations.
Any proposed division of buildings or structures into units of separate occupancies.
The existing topography and proposed grade elevations, watercourses, marshes, areas subject to flooding, designated wetlands, wooded areas, large trees, rock outcrops and any other existing natural site features.
The number, location and nature of all parking and truck loading areas with access and egress drives and curb cuts, together with appropriate profiles.
The location of outdoor storage areas, if any.
The location of all existing and proposed site improvements, including drains, culverts, retaining walls, fences and sidewalks.
A description of the method of sewage disposal and water supply, location of such facilities and impact on community sewage and water systems.
The location, size and illumination of signs.
The location and design of lighting facilities.
The location and proposed development of landscaping, screening and buffer areas.
A tree preservation plan to ensure that land stripping techniques are not used to develop the site.
An erosion control plan.
If the site plan shows only a first stage of development, a supplementary plan which shall indicate ultimate development.
Any other pertinent information deemed necessary by the Planning Board to determine conformity of the site plan with the intentions of this chapter.
Waiver. Specific requirements of Subsection C above may be waived by resolution of the Planning Board. In waiving any requirement, the Planning Board shall set forth the reason for said waiver. A copy of said resolution shall be forwarded to the Village Board of Trustees for its information.
Procedure.
Application for site plan approval shall be made directly to the Secretary of the Planning Board in the form required by said Board. Said application shall also include the site plan, environmental assessment form and an application fee, which fee shall be established and amended from time to time by resolution of the Board of Trustees.
No decision by the Planning Board to approve or deny a site plan application shall be made until after a public hearing. Written notice of said hearing shall be published in the official newspaper and posted at Village Hall and sent by the applicant, at his expense, by certified mail, return receipt requested, at least seven days prior to the date of the hearing to all known property owners within 500 feet of each boundary of the subject property. Such other notice as required by Article 12-B of the General Municipal Law, Article 8 of the Environmental Conservation Law and other applicable laws shall also be given.
Other required considerations. In considering and acting upon any site plan, the Planning Board shall consider, in addition to the elements and items set forth in Subsections B and C, the site layout and overall appearance of all buildings in the proposed site to ensure a harmonious relationship with the existing or permitted development of contiguous land and adjacent neighborhoods, to ensure that the value of adjacent land and buildings will be conserved, to encourage the most appropriate use of land and to protect the public interest and the integrity of the community and this chapter.
Productive plantings. The site plan for any nonresidential building or use which abuts a residential district shall include a protective planting strip not less than six feet wide, situated within the required side or rear yard, designed and laid out with suitable evergreen plant material which will attain and shall be maintained at a height of not less than eight feet, so as to provide an effective natural screen between the nonresidential and residential districts along side and rear lot lines. Where deemed necessary by the Planning Board, similar natural screening shall be included along the front lot line where such screening will not adversely affect public safety.
Public improvement requirement. Prior to the grant of site plan approval, the applicant may be required by the Planning Board to file with the village a letter of credit or cash bond sufficient to cover the full cost of all public improvements and land reclamation required by development of the site. The amount of such letter of credit or cash bond shall be recommended by the Village Engineer and approved by the Board of Trustees.
Imposition of conditions authorized. Every site plan approval granted by the Planning Board may be subject to and conditioned upon conditions and safeguards which the Board deems applicable to the particular plan. Such conditions and safeguards are deemed an integral component of the site plan approval and any violation of such conditions or safeguards shall be deemed a violation of this chapter and are punishable under the provisions of § 175-136.
Certificate of occupancy. No certificate of occupancy shall be issued for any development which has not been constructed in accordance with the approved site plan.
Expiration of site plan approval. Conditional site plan approval and, if no conditional approval is granted, final site plan approval shall be valid for one year commencing with the date the Planning Board adopts a resolution granting such conditional or final site plan approval. Failure to obtain a building permit within this one-year period shall cause the approval to expire and be deemed null and void. The granting of final site plan approval subsequent to conditional approval shall not extend this period. The applicant may petition the Planning Board before such approval expires for extension(s) of 180 days, which extension(s) may be granted or denied at the discretion of the Planning Board.
Site plan recreation fees. Upon approval of a site plan which shows dwelling units, the Planning Board, as a condition of approval, shall require either the setting aside of parkland or the payment by the applicant to the village of a sum to be determined from time to time by resolution of the Board of Trustees, which sum shall constitute a trust fund to be used by the Board of Trustees exclusively for neighborhood park, playground or recreational purposes, including the acquisition or improvement of land. The Planning Board may, where appropriate, require the provision of parkland and the payment of a sum to the village.
Duly certified copies of this chapter and of the Zoning Map which forms a part hereof, together with copies of all amendments hereto, shall be filed in the Village Clerk's office and in the Building Inspector's office and shall be open to public inspection.
All amendments to this Chapter 175, Zoning, and the Zoning Map shall be adopted in accordance with the provisions of the Village Law Article 7 and the General Municipal Law Article 12-B of the State of New York, as most recently amended.
Proposed amendments which must be referred to the Orange County Planning Department shall be transmitted as soon as possible and in any case prior to the statutory public hearing.
The Village Board of Trustees may require additional forms of public meeting notification to adjacent property owners as an accommodation.
Any petition for a change of zone shall include the following:
A map, accurately drawn to an appropriate scale, showing the area of the land included in the proposed change, the streets in the immediate vicinity and the lands and the name of the owner or owners thereof immediately adjacent to and extending within 100 feet of all boundaries of said property.
At the Board's option, an eight-by-ten-inch photograph of the property for which the change is requested and photographs showing all properties within the one-hundred-foot limits as described above.
The Village Board of Trustees shall reserve decision on all zoning amendments which must be referred to the Orange County Planning Department until it presents its report, provided that such report is presented within a period of 30 days after the Orange County Planning Department received the referral.
Upon adoption of a Zoning Map amendment, the petitioner shall cause a monument to be placed at one location on the property street frontage and shall also file with the Village Clerk and the Building Inspector copies of an accurate survey description and drawing of the area affected by the amendment.
An ordinance entitled "Zoning Ordinance of 1928 of the Village of Washingtonville, New York," and all amendments thereof enacted prior to the passage of this amending ordinance are hereby repealed by the enactment of this Village of Washingtonville Zoning Ordinance of 1962.
