A.
This chapter shall be administered and enforced by the Code Enforcement
Officer (CEO), or as otherwise specifically designated herein.
B.
It shall be the duty of the CEO to secure the enforcement of this
chapter, subject to the rules, laws, regulations and local laws of
the Village of East Aurora. Such duties include, but are not limited
to:
(2)
Issuing all permits or certificates required by this chapter.
No building permit or certificate of occupancy shall be granted by
for any purpose except in compliance with the provisions of this chapter;
(3)
Issuing a written notice of violation to any person, firm or
corporation violating any provisions of this chapter;
(4)
Keeping all records of applications, permits or certificates
issued or variances granted, inspections made, reports rendered and
notices or orders issued;
(5)
Making all inspections as required by this chapter, the Village
Board, and New York State Village Law; and
(6)
Performing all other duties as provided in this chapter and/or
New York State Village Law.
A.
Establishment. The establishment of the Village of East Aurora Board of Trustees is provided for in Chapter 5 of the Village Code. Where noted in this chapter, the Village Board shall have full authority to administer and enforce this chapter.
B.
Conduct. As administrators and enforcers of this chapter, the Village
Board is hereby entitled to the following methods of conduct:
(1)
The Village Board may adopt rules for the conduct of its business
consistent with statute and this chapter.
(2)
The Village Board may appoint clerks or other employees serving
at its pleasure. The Village Board may also appoint clerks or other
employees to serve at the pleasure of the Planning Commission or Zoning
Board of Appeals.
(3)
The Village Board may seek recommendations from other boards,
commissions, agencies, or professionals as it deems appropriate.
(4)
Hearings shall be public, and decisions shall be voted upon
at public sessions. The Village Board may otherwise hold executive
sessions in accordance with the New York State Open Meetings Law.
C.
Minutes. The Village Clerk, or the Village Clerk's designee, shall
keep minutes of all proceedings before the Village Board.
A.
Establishment. Per § 7-718 of New York State Village Law,
the Planning Commission previously established under local law and
still in existence at the time of this chapter's enactment shall hereby
be continued and is so appointed to have the powers and duties provided
a Planning Board in New York State Village Law.
B.
Membership, terms, and appointments.
(1)
The Planning Commission shall consist of seven members appointed
by the Village Board, of which one shall be appointed to serve as
the Planning Commission Chairperson.
(2)
Planning Commission members may include Village of East Aurora
residents, property owners, or business owners.
(3)
The terms of the members of the Planning Commission shall be
three years each with rolling terms.
(4)
The Village Board may appoint additional clerks or other employees
serving at its pleasure to assist the Planning Commission.
C.
Vacancy. If a vacancy occurs other than by expiration of term, the
Village Board shall appoint a new member for the unexpired term.
D.
Alternate members. The position of alternate Planning Commission
member is hereby created for purposes of substituting for members
in the event that a Planning Commission member is unable to serve
because of a conflict of interest or for any other reason.
(1)
Such alternate Planning Commission members shall be appointed
by resolution of the Village Board, for terms established by the Village
Board.
(2)
The Planning Commission Chairperson may designate an alternate
member to substitute for a Planning Commission member when such member
is unable to participate due to a conflict of interest or is otherwise
unavailable to participate on an application or matter before the
Commission, provided that the Village Board has appointed such alternate
member to the position of alternate member.
(3)
When so designated, such alternate member shall have all the
powers and responsibilities of such member of the Board. Such designation
shall be entered into the minutes of the initial Planning Commission
meeting at which the designation occurred.
(4)
All other provisions of law relating to Planning Commission
member training, and continuing education, attendance, conflict of
interest, compensation, eligibility, vacancy in office, removal and
service on other boards shall also apply to alternate members.
E.
Member training. Planning Commission members are required to meet
the minimum training requirements each year set forth by New York
State Village Law.
F.
Compensation. Planning Commission members shall serve without compensation.
G.
Conduct.
(1)
The Planning Commission may adopt rules for the conduct of its
business consistent with statute and this chapter.
(2)
In the absence of a Chairperson, the Planning Commission may
designate a member to serve as acting Chairperson.
(3)
The Chairperson of the Planning Commission, or in the Chairperson's
absence the acting Chairperson, may administer oaths and compel the
attendance of witnesses in the manner and to the extent permitted
by New York State Village Law and the Civil Practice Law and Rules.
(4)
The Planning Commission may seek recommendations from Village
departments, other boards, and other agencies, as it deems appropriate.
(5)
Hearings shall be public, and decisions shall be voted upon
at public sessions. The Planning Commission may otherwise hold executive
sessions in accordance with the New York State Open Meetings Law.
(6)
The Planning Commission may provide for compensation to be paid
to experts, clerks, and a secretary and provide for such other expenses
as may be necessary and proper, not exceeding the appropriation made
by the Village Board for such purpose.
H.
Minutes. The Village Clerk, or the Village Clerk's designee, shall
keep minutes of all proceedings before the Planning Commission.
I.
Removal. The Village Board shall have the power to remove, after
public hearing, any member of the Planning Commission for cause. Any
Planning Commission member may be removed for noncompliance with minimum
requirements relating to meeting attendance and training as established
by local law and New York State Village Law.
J.
Power and duties. Pursuant to this article and New York State Village
Law, the Planning Commission is hereby authorized and empowered with
review and advisory authority as follows:
K.
Additional powers. The Planning Commission may exercise additional
powers as directed by the Village Board and as may be described elsewhere
in this chapter and as permitted by New York State Village Law.
B.
Membership.
(1)
The ZBA shall consist of five members appointed by the Mayor,
subject to approval of the Village Board. The Mayor, subject to approval
of the Village Board, shall appoint one ZBA member as the Chairperson.
[Amended 5-4-2020 by L.L. No. 2-2020]
(2)
Members of the ZBA shall be appointed for a five-year term.
(3)
No person who is a member of the Village Board shall be eligible
for membership on such ZBA.
(4)
In making such appointment, the Village Board may require ZBA
members to complete training and continuing education courses in accordance
with any local or state requirements for the training of such members.
C.
Vacancy. If a vacancy occurs other than by expiration of term, the
Mayor shall appoint a new member for the unexpired term.
[Amended 5-4-2020 by L.L. No. 2-2020]
D.
Alternate members. The position of alternate ZBA member is hereby
created for purposes of substituting for members in the event that
a ZBA member is unable to serve because of a conflict of interest
or for any other reason.
(1)
Such alternate ZBA members shall be appointed by the Mayor,
subject to approval of the Board of Trustees, for terms established
by the Village Board.
[Amended 5-4-2020 by L.L. No. 2-2020]
(2)
The ZBA Chairperson may designate an alternate member to substitute
for a ZBA member when such member is unable to participate due to
a conflict of interest or is otherwise unavailable to participate
on an application or matter before the Commission, provided that the
Village Board has appointed such alternate member to the position
of alternate member.
(3)
When so designated, such alternate member shall have all the
powers and responsibilities of such member of the Board. Such designation
shall be entered into the minutes of the initial ZBA meeting at which
the designation occurred.
(4)
All other provisions of law relating to ZBA member training,
and continuing education, attendance, conflict of interest, compensation,
eligibility, vacancy in office, removal and service on other boards
shall also apply to alternate members.
E.
Member training. ZBA members are required to meet the minimum training
requirements each year set forth by New York State Village Law.
F.
Conduct.
(1)
The ZBA may adopt rules for the conduct of its business consistent
with statute and this chapter.
(2)
In the absence of a Chairperson, the ZBA may designate a member
to serve as acting Chairperson.
(3)
The Chairperson of the ZBA, or in the Chairperson's absence
the acting Chairperson, may administer oaths and compel the attendance
of witnesses in the manner and to the extent permitted by New York
State Village Law and the Civil Practice Law and Rules.
(4)
The ZBA may seek recommendations from Village departments, the
Planning Commission, other boards, and other agencies, as it deems
appropriate.
(5)
Hearings shall be public, and decisions shall be voted upon
at public sessions. The ZBA may otherwise hold executive sessions
in accordance with the New York State Open Meetings Law.
(6)
The ZBA may provide for compensation to be paid to experts,
clerks, and a secretary and provide for such other expenses as may
be necessary and proper, not exceeding the appropriation made by the
Village Board for such purpose.
G.
Minutes. The Village Clerk, or the Village Clerk's designee, shall
keep minutes of all proceedings before the ZBA.
H.
Removal. The Village Board shall have the power to remove, after
public hearing, any member of the ZBA for cause. Any ZBA member may
be removed for noncompliance with minimum requirements relating to
meeting attendance and training as established by local law and New
York State Village Law.
J.
Additional powers. The ZBA may exercise additional powers as directed
by the Village Board and as may be described elsewhere in this chapter
and as permitted by New York State Law.
A.
No person or persons shall commence to erect, construct, alter, or
change the nature or the type of occupancy of any land, building or
structure within the Village of East Aurora until the owner of the
land upon which it is proposed to so erect, construct, alter, demolish
or change the nature or the type of occupancy of any such land, building
or structure has applied for and obtained a building permit for the
same from the CEO.
B.
A person may demolish an existing building or structure having a
gross floor area of 200 square feet or less without obtaining a building
or demolition permit.
C.
Demolition of an existing building or structure greater than 500 square feet and more than 50 years old must obtain a demolition permit in accordance with Chapter 112 of the East Aurora Village Code.
D.
No building permit may be issued without first obtaining site plan approval for a new development plan as provided for in Article 51 of this chapter.
E.
A building permit issued by the CEO pursuant to this section shall
be valid for a period of one year from the date of issue. Building
permits for pools issued by the CEO shall be valid for a period of
three months from the date of issue.
A.
It shall be unlawful to use or permit the use of any building or
premises or part thereof hereafter erected, constructed, altered,
moved or converted or of any building or premises or part thereof
changed or converted to a different use until a certificate of zoning
compliance shall have been issued by the CEO. Such certificate shall
show that such building or premises or part thereof and the proposed
use thereof are in conformity with the provisions of this chapter.
An application for a certificate of zoning compliance shall be on
forms supplied by the CEO, shall include an agreement to comply with
this chapter and all other laws, ordinances and regulations that may
be applicable, and shall be signed by the owner. It shall be the duty
of the CEO, after having determined that the building and the proposed
use thereof conform with all the requirements herein set forth, to
issue a certificate of zoning compliance within five days after the
application for the same shall have been filed in the code enforcement
office.
B.
In addition, upon written request by the owner, the CEO shall inspect
any building, other structure or tract of land existing on the effective
date of this chapter and shall issue a certificate of zoning compliance
certifying the use of the building, other structure or tract of land
and whether such use conforms to all the provisions of this chapter.
The CEO is hereby empowered to cause any building, other structure
or tract of land to be inspected and examined and to order in writing
the remedying of any condition found to exist therein or thereat in
violation of any provisions of this chapter. After any such order
has been served, no work shall proceed on any building, other structure
or tract of land covered by such order, except to correct the violation
or to comply with such order.
Violations of any of the provisions of this chapter shall be
punishable by a fine of not more than $250 or by imprisonment for
not more than 15 days, or both. Each day's continuance of a violation
after notice shall be deemed a separate and distinct violation and
shall be punishable accordingly.
