The provisions of this section apply to all the articles in this Part (Part 6) unless otherwise stated.
A.
Form of application. Applications required under this Zoning
Law must be submitted in a form and in such numbers as required by
the Village Clerk. The Village Clerk should develop checklists of
application submittal requirements and make those checklists available
to the public. Application forms and checklists of required submittal
information are available in the Village Office.
B.
Completeness and accuracy.
(1)
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.
(2)
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
the Planning Board, Village Board, or other agents of the Village
in making such a determination.
(3)
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within 62 days, the application will be considered withdrawn.
(4)
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.
(5)
The Code Enforcement Officer 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. Application filing fees are required
for processing permit and applications to the Village Board, Planning
Board, and Zoning Board of Appeals. The fees help offset the cost
of providing public notice, personnel costs for plan/permit reviews
and field inspections. Fees shall be determined and set by the Village
Board. A fee schedule shall be kept on file at the Village Office.
The payment of fees is not required with applications initiated by
the Village Board. 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 Village Clerk, 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 must 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
Zoning Law require that newspaper notice be provided, the notice must
be published at least 10 days in advance of such hearing in a newspaper
of general circulation within the Village.
(2)
Mailed notice.
(a)
Whenever the provisions of this Zoning 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
U.S. mail, failure of a party to receive such notice will not be grounds
to invalidate any action taken.
(c)
All owners of property within 500 feet of the nearest
line of the property identified by the property for which the public
hearing is required shall be notified via mailed notice.
(3)
Posted notice. When the provisions of this Zoning
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 10 days
in advance of such hearing.
(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.
D.
Rehearings. A motion for the Zoning Board of Appeals to
hold a rehearing to review any order, decision or determination of
the board not previously reheard may be made by any member of the
board. A unanimous vote of all members of the Board then present is
required for such rehearing to occur. Such rehearing is subject to
the same notice provisions as an original hearing. Upon such rehearing
the Board may reverse, modify or annul its original order, decision
or determination upon the unanimous vote of all members then present,
provided the Board finds that the rights vested in persons acting
in good faith in reliance upon the reheard order, decision or determination
will not be prejudiced thereby.
In issuing a decision, review boards are authorized by New York
State Village Law to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposal in the application.
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 with the Code Enforcement Officer for a building permit. No building or structure shall be erected, added to or structurally altered until a permit has been issued by the Code Enforcement Officer. 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 (see also Chapter 38, Building Construction).
A.
Application for a building permit. There shall be submitted
with all applications for building permits five copies of the layout
or plot plan, drawn to scale and showing the actual dimensions of
the lot to be built upon, the exact size and location on the lot of
the building and accessory buildings to be erected and such other
information as may be necessary to determine and provide for the proper
enforcement of this chapter. All applications shall be upon forms
provided by the Code Enforcement Officer.
B.
Public records. One copy of such layout or plot plan shall
be returned when approved by the Code Enforcement Officer, together
with such permit, to the applicant upon the payment of a fee as indicated
in this article. The second copy, with a copy of each application
with accompanying plan, shall become a public record after a permit
is issued or denied.
C.
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.
D.
Posting of a permit. All building permits shall be issued
in duplicate and one copy shall be kept conspicuously on the premised
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.
Denial of 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 refuse to issue
a building permit, and the applicant may appeal to the Zoning Board
of Appeals for a reversal of the Code Enforcement Officer's decision.
F.
Expiration of building permit. A building permit shall
expire after one year if the applicant fails to implement his application
as filed with the Code Enforcement Officer.
G.
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 with him under existing laws or ordinances,
he 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 Village Board, in its discretion, before issuing
the new building permit, may require the applicant to file an indemnity
bond in favor of the Village of Shortsville with sufficient surety
conditioned for compliance with this chapter and all building laws
and ordinances then in force and in a sum sufficient to cover the
cost of removing the building if it does not so comply.
H.
Suspension or revocation of permits. The Code Enforcement
Officer may temporarily suspend a permit until such time as the Village
Board reviews the suspension. The Village 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 Village Board shall have
30 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.
A.
General. No land shall be occupied or used and no building
hereafter erected, altered or extended shall be used or changed in
use until a certificate of occupancy shall have been issued by the
Code Enforcement Officer stating that the building or proposed use
thereof complies with the provisions of this chapter.
B.
Change or extension of nonconforming use. No nonconforming
use shall be changed or extended without a certificate of occupancy
(certificate of existing use therefor) having first been issued by
the Code Enforcement Officer.
C.
Application for certificate of occupancy. All certificates
of occupancy shall be applied for coincident with the application
for a building permit. Said certificate shall be issued within 10
days after the erection or alteration shall have been approved as
complying with the provisions of this chapter.
D.
Record. 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.
E.
Application mandatory. No permit for excavation for or
the erection or alteration of any building shall be issued until an
application has been made for a certificate of occupancy.
A.
Purpose. For the purpose of assuring compliance with proper
installation of facilities, improvements and utilities and to protect
future property owners, the Village requires a form of surety to be
filed by the developer or owner that indicates the estimated costs
of said projects.
B.
The Village Planning Board will review the proposed surety
with the Village Engineer, Code Enforcement Officer, Attorney and/or
other appropriate officials to assure that the surety is sufficient
to cover the full cost prior to commencement of any construction.
When the Planning Board is satisfied with the form and value of the
proposed surety and is in receipt of the surety documents, a written
confirmation will be given to the developer and/or owner. The Village
Board may also act on the above if appropriate.
D.
Any form of surety shall run for a term to be fixed by
the Planning Board, but in no case for a term longer than two years.
The Planning Board may extend the time if it decides that it is warranted.
E.
In the event that any of the required construction has
not been installed or completed as approved and within the term of
the surety agreement, the Board may thereupon declare said surety
agreement to be in default and collect the sum remaining. Upon receipt
of the proceeds the Village shall make arrangements to install and/or
finish the approved project but not exceeding in cost the amount of
such proceeds.
F.
All construction covered under the performance surety must
be inspected during construction to assure conformity with the bond.
Costs of the required inspections shall be borne by the developer
or owner and will be included in the initial value of the surety.
For inspections purposes, the contractor will notify the Village Zoning/Code
Enforcement Officer when construction will be undertaken and/or completed.
Reasonable notice, a minimum of 24 hours, is required.
G.
The process for release of surety will be initiated when
a request is made by the developer and/or owner for partial or total
release and is submitted to the Village for approval. The request
will be submitted by the Village to the Village Engineer, who shall
compare the request with the inspection record. The Engineer's
determination will be forwarded to the Planning Board with a recommendation
for action. At that time, the Planning Board will decide whether to
honor the request and will determine the dollar value of the release.
A.
Complaints of violations. Whenever a violation of this
chapter occurs, any person may file a complaint in regard thereto.
All such complaints must be in writing and shall be filed with the
Code Enforcement Officer, who shall properly record such complaint
and investigate.
B.
Penalties. A violation of this chapter is hereby declared
to be a criminal offense, punishable by a fine not exceeding $250
or imprisonment for a period not to exceed 15 days, or both, for conviction
of each offense. Penalties may be compounding in the case of multiple
offenses. Each week's continued violation shall constitute a
separate additional violation.
C.
Procedure for abatement of violations. In case any building
or structure is erected, constructed, reconstructed, altered, repaired,
converted, maintained, or demolished or any building, structure or
land is used in violation of this chapter or of any law or regulation
made under authority conferred hereby, the governing body or, with
its approval, the Code Enforcement Officer or other proper official,
in addition to other remedies, may institute any appropriate action
of proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, to restrain, correct
or abate such violation; to prevent the occupancy of said building,
structure or land; or to prevent any illegal act, conduct, business
or use in or about such premises.
