The provisions of this article apply to all the articles in this Part (Part 5) unless otherwise expressly stated.
A.
Form of application. Applications required under this Zoning Law must be submitted in a form and in such numbers as outlined. The Town Office may develop checklists of application submittal requirements and make those checklists available to the public. Application forms and checklists of required submittal information may be available in the Town Office.
B.
Completeness and accuracy.
(1)
Applications submitted to the Town Office shall include at least eight copies of required materials and maps as well as one electronic version of all materials and maps unless otherwise waived by the reviewing board.
(2)
The Code Enforcement Officer shall indicate that an application is considered complete and ready for processing only if it is submitted in the required number and form, includes all required information, and is accompanied by the required filing fee.
(3)
A complete application declaration by the Code Enforcement Officer in no way shall be interpreted to include a determination of the adequacy or accuracy of application materials, but rather serves as an acknowledgement to the full submission of all initially required application materials. The Code Enforcement Officer may consult with other agents of the Town Office, Planning Board, or Town Board in making such a determination.
(4)
If an application is determined to be incomplete, the Code Enforcement Officer must provide paper or electronic written notice to the applicant along with an explanation of all known deficiencies in the application that will prevent competent review of the application. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 62 days, the application will be considered withdrawn.
(5)
No further processing of incomplete applications will occur; any incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next available processing cycle.
(6)
The Town Office may require that applications or plans be revised before being placed on the agenda of a review or decision-making body if it is determined that:
(a)
The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with Zoning Law standards; or
(b)
The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with Zoning Law standards.
C.
Application sufficiency and acceptance. Applications deemed complete will be considered to be in the processing cycle and will be reviewed by the Code Enforcement Officer and other review and decision-making bodies in accordance with applicable review and approval procedures of this Zoning Law.
D.
Application filing fees.
(1)
Application filing fees are required for processing permits and applications by the Code Enforcement Officer, Town Board, Planning Board, and Zoning Board of Appeals.
(2)
The amount of the initial fees for the various applications covered by this article shall be established from time to time by resolution of the Town Board. Said schedule shall remain in effect and shall apply to all applicants until amended or revised by subsequent resolution. Said fee schedule shall be kept on file at the Town Office.
(3)
Fees shall be paid to the Town Clerk.
(4)
The payment of fees is not required with applications initiated by the Town Board, Planning Board, or Zoning Board of Appeals.
(5)
If the application for a building permit and/or certificate of occupancy is denied, that portion of the fee in excess of the minimum shall be refunded to the applicant. All other application fees are nonrefundable.
E.
Unresolved violations. Applications shall not be accepted for review that include a parcel(s) for which there is an outstanding, unresolved written violation from the Code Enforcement Officer that is not the subject of said application.
A.
Application processing cycles. The Town Office, after consulting with review and decision-making bodies, shall promulgate processing cycles for applications. Processing cycles may establish:
B.
Public hearings.
(1)
Parties in interest and citizens shall be given an opportunity to appear and be heard at required public hearings, subject to reasonable rules of procedure.
(2)
A public hearing for which proper notice was given may be continued to a later date without providing additional notice as long as the continuance is set for specified date and time and that date and time is announced at the time of the continuance.
(3)
If a public hearing is tabled, deferred or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public notice must be given before the rescheduled public hearing. If the applicant requests a postponement, the applicant must pay all costs of renotification.
C.
Public hearing notices.
(1)
Newspaper notice. Whenever the provisions of this chapter and NYS Town Law require that newspaper notice be provided, the notice must be published at least five days in advance of such hearing in a newspaper of general circulation within the Town.
(2)
Mailed notice.
(a)
Whenever the provisions of this chapter and NYS Town Law require that notices be mailed, the notices must be sent by United States Postal Service first-class mail at least 10 days in advance of such hearing.
(b)
Addresses must be based on the latest property ownership information available from the Real Property Assessment Records. When required notices have been properly addressed and deposited in the United States mail, failure of a party to receive such notice will not be grounds to invalidate any action taken.
(c)
In the case of an application to the Zoning Board of Appeals, the appellant shall, at his own expense, mail notice of such hearing by certified mail, return receipt requested, to all property owners situated within 500 feet of the appellant's boundaries. The Board of Appeals, upon a showing of good cause, may waive the aforementioned mailing requirement, provided that the applicant establishes that a neighboring property within 500 feet of the applicant's boundary is situated a substantial distance from the proposed use or structure so as not to be directly impacted by it. In no case shall said mailing requirement be waived when a neighboring property is situated within 500 feet of the proposed use or structure regardless of the location of the applicant's boundary.
(3)
Posted notice. When the provisions of this chapter and NYS Town Law require that posted notice be provided, at least one notice sign must be posted on each public street frontage abutting the subject property in a location plainly visible to passers-by at least five days in advance of such hearing. A posted notice shall be exempt from including items (b) and (c) under Subsection C(4), provided a Town Office contact is listed where additional information on the matter can be obtained.
(4)
Content of notice. All required public hearing notices must:
(a)
Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;
(b)
Describe any property involved in the application by street address or by general description;
(c)
Describe the general nature, scope, and purpose of the application or proposal; and
(d)
Indicate where additional information on the matter can be obtained.
In all cases, the burden is on the applicant to show that an application complies with all applicable review or approval criteria. Applications must address relevant review and decision-making criteria.
All persons desiring to undertake any new construction, structural alteration or change to the use of a building or lot shall apply for a building permit from the Code Enforcement Officer by filling out the appropriate application form and by submitting the required fee. No person shall erect, alter or convert any structure, building or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter until the Code Enforcement Officer has issued a building permit. No such building permit or certificate of occupancy shall be issued for any building where said construction, addition, alteration or use thereof would be in violation of any provision of this chapter. All applications for such permits shall be in accordance with the requirements of this chapter and the local law providing for the enforcement of the New York State Uniform Fire Prevention and Building Code.
A.
Issuance of building permits. It shall be the duty of the Code Enforcement Officer to issue a building permit, provided that he or she is satisfied that the proposed structure, premises, and use thereof conform to all requirements of this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals have been secured therefor.
B.
Denial of building permits. When the Code Enforcement Officer is not satisfied that the applicant's proposed development or use will meet the requirements of this chapter, he shall deny to issue a building permit and will indicate in writing the reasons for a denial. The applicant may appeal to the Zoning Board of Appeals for a reversal of the Code Enforcement Officer's decision.
C.
Building permit application types.
(1)
Applications for one-family dwellings, two-family dwellings, accessory buildings or alterations to such dwellings, or accessory farm buildings.
(a)
When found to meet all requirements of this chapter, the Code Enforcement Officer may administratively approve applications for permits.
(2)
Applications for any other use, in any zone.
(a)
When found to meet all requirements of this chapter except site plan requirements, the Code Enforcement Officer shall direct the application to the Planning Board for site plan review.
(b)
When found not to meet all requirements except site plan requirements, the building permit shall be denied by the Code Enforcement Officer. Should the applicant appeal the denial, the application should be referred to the Planning Board for a preliminary review of the site plan prior to going before the Zoning Board of Appeals.
D.
Posting of a building permit. All building permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected whenever construction work is being performed thereon and shall be protected from the weather. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operation is displayed as required by this chapter, nor shall they perform building operations of any kind after notification of the revocation of said building permit.
E.
Expiration of building permit. A building permit shall expire after one year if the applicant fails to take action on his application as filed with the Code Enforcement Officer. Said building permit shall remain valid as long as said project is completed in three years, unless otherwise determined by the Planning Board. Extensions of project completion time may be granted upon mutual agreement by the Town Board and said applicant.
F.
Revocation of permits. If it shall appear, at any time, to the Code Enforcement Officer that the application or accompanying plan is in any material respect false or misleading or that work is being done upon the premises differing materially from that called for in the application filed under existing laws or laws, the Code Enforcement Officer may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the Code Enforcement Officer. After the building permit has been revoked, the Town Board, in its discretion, before issuing the new building permit, may require the applicant to file an indemnity bond in favor of the Town of Geneseo with sufficient surety conditioned for compliance with this chapter and all building laws and laws then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.
G.
Suspension or revocation of permits. The Code Enforcement Officer may temporarily suspend a permit until such time as the Town Board reviews the suspension. The Town Board, upon recommendation of the Code Enforcement Officer, may suspend or revoke a development permit issued in accordance with the provisions of this section where it has found evidence that the applicant has not complied with any or all terms or conditions of such permit, has exceeded the authority granted in the permit or has failed to undertake the project in the manner set forth in the application. The Town Board shall have 62 days from ratification by the Code Enforcement Officer to set forth, in writing, its findings and reasons for revoking or suspending a permit issued pursuant to this section and shall forward a copy of said findings to the applicant.
H.
Court review. Any person aggrieved by any decision any reviewing board or officer, department, board or bureau of the Town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 62 days after the filing of a decision in the office of the Town Clerk. The Court may take evidence or appoint a referee to take such evidence as it may direct and report the same with his findings of fact and conclusions of law, if it shall appear that testimony is necessary for proper disposition of the matter. The Court at a special term shall itself dispose of the cause on the merits, determining all questions that may be presented for determination. Costs shall not be allowed against the Town unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
I.
Post issuance of building permit procedures. After the applicant has received the building permit, he may proceed to obtain other necessary permits and undertake the action permitted by the building permit.
A.
General. The purpose of a certificate of occupancy is to certify that the premises comply with the provisions of this chapter and may be used for the purpose set forth in the certificate of occupancy. Prior to the use or occupancy of any land or building for which a building permit is required or prior to any change of use of any existing building or any change of use of land, a certificate of occupancy shall be secured from the Code Enforcement Officer.
B.
Application process. Only after receiving an approved building permit may the applicant apply to the Code Enforcement Officer for a certificate of occupancy, where such is required. If the Code Enforcement Officer finds that the action of the applicant has been taken in accordance with the building permit, he will then issue a certificate of occupancy allowing the premises to be occupied.
C.
Deposits and reimbursements. No certificate of occupancy shall be issued until the applicant has made all payments for required deposits and reimbursements as outlined in § 106-50.9.
D.
Display certificate. A copy of the certificate of occupancy shall be kept by the owner and shall be displayed upon request made by an appropriate officer of the municipality.
E.
Record of certificates. The Code Enforcement Officer shall maintain a record of all certificates, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
Any person violating any provision of this chapter or who shall violate or fail to comply with any order or regulation made hereunder, or who shall build in violation of any statement, specification or plan submitted hereunder, or who shall violate any permit or certificate of occupancy issued hereunder, or who shall continue to work upon any structure after service of notice, in writing, by the Code Enforcement Officer of the municipality to desist therefrom, shall forfeit and pay a fine not to exceed $350; for a second violation within five years, the minimum fine shall be $350 and the maximum fine shall be $700; and for a third or subsequent violation within five years, the minimum fine shall be $700 and the maximum fine shall be $1,000. In addition thereto or in place of the said fine, a violation may also be punished by a penalty of imprisonment for a period of up to six months pursuant to § 268, Subdivision 1, of the Town Law. Each week's continued violation shall constitute a separate, additional offense. Service of the notice shall be sufficient if directed to the owner, agent of the owner or the contractor and left at his last known place of business or residence, if within the municipality; and if no place of business or residence can be found, then the notice shall be served by posting in a conspicuous place on the premises which are the subject of the violation.
A.
Purpose and intent. The Town Board hereby finds and determines that in order to protect and safeguard the Town of Geneseo, its residents and their property, with respect to land development within the Town, all buildings, structures, highways, drainage facilities, sanitary sewer facilities, water supply utilities, other utilities and parks within any such development should be designed and constructed in a competent and workmanlike manner and in conformity with all applicable governmental codes, rules and regulations and, where applicable, dedicated and conveyed to the Town in a legally sufficient manner, that in order to assure the foregoing, it is essential for the Town to have competent engineers retained by the Town to review and approve plans and designs, make recommendations to the Town Board and Planning Board, inspect the construction of highways, drainage, sewer, other facilities and parks to be dedicated to the Town and to recommend their acceptance by the Town, and to have competent attorneys retained by the Town to negotiate and draft appropriate agreements with developers, obtain, review and approve necessary security instruments, insurance and other legal documents, review proposed deeds and easements to assure the Town is obtaining good and proper title and to generally represent the Town with respect to any issues with respect to such development, and that the cost of retaining such competent engineers and attorneys should ultimately be paid by those who seek to profit from such developments rather than from general Town funds which are raised by assessments generally paid by taxpayers of the Town. This section is enacted under the authority of New York State Municipal Home Rule Law § 10, Subdivision 1, Paragraphs (ii)a(12) and d(3), and New York State Municipal Home Rule Law § 22. To the extent Town Law §§ 274-a, 276 and 277 do not authorize the Town Board or Town Planning Board to require the reimbursement to the Town of legal, engineering, and other professional service expenses incurred by the Town in connection with the review and consideration of any of the application for the permits or approvals described hereinafter, it is the expressed intent of the Town Board to change and supersede such statutes. More particularly, such statutes do not authorize the deferral or withholding of such approvals in the event such expenses are not paid to the Town. It is the expressed intent of the Town Board to change and supersede Town Law §§ 274-a, 276 and 277 and any other provision of the New York State, Town Law or General Municipal Law to empower the Town to require such payment as a condition to such approvals.
B.
Reimbursement of fees and expenses.
(1)
The applicant shall reimburse the Town for all reasonable and necessary expenses for engineering, legal, and other professional services incurred by the Town in connection with the review and consideration of an application for such approval.
(2)
A developer who constructs, or proposes to construct, one or more highways, drainage facilities, utilities or parks within or in conjunction with any development in the Town shall reimburse the Town for all reasonable and necessary legal, engineering, and other professional service expenses incurred by the Town in connection with the inspection and acceptance by the Town of such highways, drainage facilities, utilities and parks and the dedication of same to the Town.
(3)
Exceptions. The Town Board may make the determination to exempt an application from reimbursements if deemed appropriate.
(4)
Notwithstanding anything to the contrary contained in this article, an applicant or developer shall not be required to reimburse the Town for any part of a legal, engineering and/or professional service fee incurred by the Town for services performed in connection with matters resulting from complaints or legal action by third parties as to which the Town Board determines that the applicant or developer had no responsibility or was beyond the reasonable control of the applicant or developer.
C.
Deposit amounts.
(1)
The amount of the initial deposit for the various developments covered by this article shall be as set forth in a schedule of deposits, established from time to time, by resolution of the Town Board. Said schedule shall remain in effect and shall apply to all applicants and developers until amended or revised by subsequent resolution.
(2)
The deposits required by this article shall be in addition to any application fees as may be required by other laws, rules, regulations or laws of the Town and shall only be used to offset the specific expenses of the Town in connection with the application or development and shall not be used to offset the Town's general expenses of legal, engineering, and/or other professional services for the several Boards of the Town, nor its general administration expenses.
D.
Deposit and payment of reimbursements. Simultaneously with the filing of an application as defined herein, and prior to the commencement of any construction of buildings, highways, drainage facilities, utilities or parks therein, the applicant or developer, as the case may be, may be required to deposit with the Town Supervisor a sum of money, as determined in Subsection C above, which shall be used to pay the costs incurred by the Town for engineering, legal, or other professional services as described in this section. The process for the management of said deposits and fees shall be as follows:
(1)
Upon receipt of such sums, the Town Supervisor shall cause such moneys to be placed in a separate non-interest-bearing account in the name of the Town and shall keep a separate record of all such moneys so deposited and the name of the applicant or developer and project for which such sums were deposited.
(2)
Upon receipt and approval by the Town Board of itemized vouchers from an engineer and/or attorney for services rendered on behalf of the Town pertaining to the application or development, the Town Supervisor shall cause such vouchers to be paid out of the moneys so deposited and shall furnish copies of such vouchers to the applicant or developer at the same time such vouchers are submitted to the Town.
(3)
The Town Board shall review and audit all such vouchers and shall approve payment of only such engineering, legal, and other professional service fees as are reasonable and necessarily incurred by the Town in connection with the review, consideration and approval of any application for development and the inspection of all construction and acceptance of highways, drainage facilities, utilities and parks within or in conjunction with such development. For purpose 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 Town for services performed in connection with the approval or construction of a similar development. In this regard, the Town Board may take into consideration the size, type and number of buildings, structures or facilities to be constructed; the amount of time to complete the development; 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 that the Town Board may deem relevant. A fee or part thereof is necessarily incurred if it was charged by the engineer or attorney for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Town or to protect public or private property from damage from uncontrolled surface water runoff and other factors, and to assure the proper and timely construction of highways, drainage facilities, utilities and parks and protect the legal interests of the Town, including receipt by the Town of good and proper title to dedicated highways and other facilities and the avoidance of claims and liability, and such other interests as the Town Board may deem relevant.
(4)
If at any time during or after the processing of such application or in the construction, inspection or acceptance of buildings, highways, drainage facilities, utilities or parks there shall be insufficient moneys 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 Town Supervisor that such moneys will be insufficient to meet vouchers yet to be submitted, the Town Supervisor shall cause the applicant or developer to deposit additional sums as the Supervisor deems necessary or advisable in order to meet such expenses or anticipated expenses.
(5)
In the event that the applicant or developer fails to deposit such funds or such additional funds, the Town Supervisor shall notify, as applicable, the Planning Board, Town Board, Zoning Board of Appeals and/or the Town's Code Enforcement Officer of such failure, and any review, approval, building permit or certificates of occupancy may be withheld by the appropriate Board, officer or employee of the Town until such moneys are deposited.
(6)
The issuance of a final certificate of occupancy shall not occur unless and until all fees incurred hereunder have been paid in full.
(7)
After final approval, acceptance and/or the issuance of a certificate of occupancy relating to any specific development, and after payment of all approved vouchers submitted regarding such development, 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.