The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Code Enforcement Officer (referred to as "CEO"), who shall have such powers as are conferred upon him by this chapter. He shall be appointed by the Village Board of Trustees and shall carry out any directives from the Board relative to the duties of the position set forth below. The CEO shall receive such compensation as the Village Board of Trustees shall determine.
A. 
Any person may file a written complaint with the Code Enforcement Officer (CEO), attesting to any alleged violation of this chapter. Upon receipt of such complaint, the CEO shall, in a timely manner, investigate the allegation. It shall be the duty of the CEO or any duly authorized assistants to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter. In the fulfillment of their duties, the CEO or any authorized assistants may enter any premises or building during reasonable hours in the course of their duties in accordance with state law after due written notice has been given to the owner and the occupant(s).
B. 
If the CEO shall find that any of the provisions of this chapter are being violated, the officer shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action to correct it. In an effort to attain compliance, the CEO shall have the authority to order discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures or illegal additions, alterations or structural changes; stop work; or discontinuance of any illegal work being done. On the serving of notice by the CEO to the owner of any property violating any of the provisions of this chapter, the certificate of occupancy or certificate of compliance, as appropriate, for such building or use shall be held null and void. New certificates of occupancy and/or compliance shall be required for any further use of such building or premises.
C. 
It shall be the duty of the CEO to issue permits and certificates to applicants who fully comply with the provisions of this chapter.
D. 
The CEO shall maintain a permanent and current record of all applications for permits and certificates, the CEO's action upon the same, any conditions relating thereto and any other matters considered and action taken by the CEO. Such records shall form a part of the records of the CEO's office and shall be available for use by Village officials and for inspection by the public. The records to be maintained shall include the following:
(1) 
Application file. An individual permanent file for each application for a permit or certificate provided for by this chapter shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents and plans; notations regarding pertinent dates and fees and the like; as appropriate, one copy of any resolutions or actions of the Village Board of Trustees, Planning Board or ZBA in acting on the application; and the date the permit or certificate applied for was issued or denied.
(2) 
Monthly report. The CEO shall prepare a monthly report for the Village Board of Trustees. Said report shall cite all actions taken by the CEO, including all referrals made; all permits and certificates issued and denied; all complaints of violation received and all violations found; the action taken consequent thereon; and the time spent and mileage used.
E. 
Whenever the CEO denies a permit or certificate, the CEO shall, in writing, inform the applicant of the specific reasons for denial and instruct the applicant on the proper methods to apply for relief.
F. 
The CEO shall maintain a current list and a map of nonconforming uses to determine if discontinuance or destruction or change in use or vacancy has taken place.
G. 
The CEO shall maintain a current list and a map showing the variances and special use permits to determine if the conditions and safeguards placed on variances and special permits are being complied with.
H. 
Upon written direction from the Village Planning Board, the CEO shall issue special use permits. Upon approval of a variance by the ZBA, the CEO shall be empowered to issue the necessary permits with the specific conditions to be imposed.
I. 
It shall be the duty of the CEO to issue permits and certificates for the demolition and removal of dangerous or unsafe buildings or structures, in accordance with Part 1153, Dangerous or Unsafe Buildings or Structures, § 1153.1(a), (b), and (c), of the NYS Uniform Building Code.
J. 
The CEO shall be authorized and empowered to issue appearance tickets pursuant to § 150.20 of the New York State Criminal Procedure Law.
The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. Site development permits or special use permits shall be a prerequisite for an application for a building permit for the erection or alteration of a building or structure or use thereof. Permits issued pursuant to this section shall expire in 12 months. The CEO may grant an extension for time of completion and include any conditions or requirements deemed necessary or desirable. Applicants shall justify the need for the proposed extension. Unless such an extension is requested and approved, further work as described in the canceled permit shall not proceed until a new permit has been obtained. If a project is not initiated within six months of the issuance of the permit, the permit issued shall be considered null and void.
A. 
Site development permit.
(1) 
The CEO is hereby empowered under the procedures and requirements specified in § 135-28 to issue a site development permit for any plans regarding the construction, alteration or demolition of any building or part of any building; or the change in the use of any land area or part thereof; or for the change in use of any existing building, where the CEO determines that such plans are not in violation of the provisions of this chapter.
(2) 
No building or structure shall be erected, moved, added to or structurally altered or changed in use without a site development permit issued by the CEO. If an application is not in conformity with the provisions of this chapter, the CEO must receive a written order or variance approval from the ZBA prior to issuing a permit.
B. 
Temporary use permit. Upon approval of the Planning Board, to be received within 30 days of its receipt of a temporary use permit referral from the CEO, the Village Planning Board shall take action on the application. Upon written direction of the Village Planning Board, the CEO is hereby empowered to issue temporary use permits as specified herein.
(1) 
The following temporary use permit(s) may be approved by the Village Planning Board for any zoned district:
(a) 
Contractor's shed, trailer, building may be erected on a construction site to serve as an office or storage area during the period of construction and must be removed at the conclusion of the project.
(b) 
Outdoor arts/crafts shows/sales may be permitted for no more than six days, provided that parking and traffic are addressed such that undue burden is not placed on adjacent properties.
(c) 
Seasonal sales, such as Christmas trees or farm produce, may be conducted for no more than 150 days, provided that parking and traffic are addressed such that undue burden is not placed on adjacent properties.
(d) 
Special events such as festivals, fairs, road races, and walk-a-thons may be conducted by a nonprofit organization for a period not to exceed three days in any calendar year, provided that parking and traffic are addressed such that undue burden is not placed on adjacent properties.
(2) 
Except for temporary use permits for the sale of unregistered motor vehicles as regulated in this chapter, no more than one temporary use permit per lot shall be authorized by the Village Planning Board at any one time.
(3) 
Application for a temporary use permit should include the following (except for contractor's building):
(a) 
Name, address, phone number of applicant.
(b) 
Purpose of nonprofit group and/or event.
(c) 
Contact information for person in charge.
(d) 
Date, time, location of event.
(e) 
Expected number of participants and spectators.
(f) 
Plan for parking, crowd control, and bathroom facilities (if appropriate).
(g) 
Proof of insurance.
(h) 
Signed waiver of Village liability.
(4) 
All fees associated with the granting or renewal of a temporary use permit shall be established in the manner provided for in the fee schedule as adopted annually by the Village Board of Trustees.
C. 
Certificate of compliance.
(1) 
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued therefor by the CEO, stating that the proposed use of the building or land conforms to the requirements of this chapter.
(2) 
Failure to obtain a certificate of occupancy or compliance shall be a violation of this chapter and punishable as provided by Article XIV.
D. 
Special use permit. Upon written direction of the Village Planning Board, the CEO is hereby empowered to issue a special use permit as provided for by this chapter.
(1) 
Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article IX in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
(2) 
A special use permit shall authorize only one particular special use. A time period may be established by the Planning Board for each special use permit. At the end of this specified time period, the special use permit shall expire unless renewed. In addition, the special use permit shall expire if the use shall cease for more than one year for any reason.
(3) 
Applications for special use permits shall include a site plan of the special permit use and subject parcel drawn to scale. The site plan review and approval process described in Article XIII of this chapter shall be completed and approval granted by the Planning Board prior to the issuance of a special use permit.
(4) 
No person shall be issued a special use permit for a property where there is an existing violation of this chapter. Before any special use permit shall be issued, the Planning Board shall make written findings certifying compliance with the specific rules governing individual special permit uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:
(a) 
Ingress to and egress from property and proposed structures thereon, with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
(b) 
Off-street parking and loading areas, where required, with particular attention to the items in Subsection D(4)(a) above, and the noise, glare or odor effects of the special permit use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special permit use.
(c) 
Refuse and service areas, with particular reference to the items in Subsections D(4)(a) and (b) above.
(d) 
Utilities as appropriate, with reference to locations, availability and compatibility.
(e) 
Storm drainage, including potential impact on downstream properties.
(f) 
Screening, buffering and landscaping, with reference to type, dimensions and character.
(g) 
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, compatibility and harmony with properties in the district.
(h) 
Required yards and other open space.
(i) 
General compatibility with adjacent properties and other property in the zone district.
(5) 
The CEO shall inspect the premises of a use authorized and approved with a special use permit not less than one time each calendar year. The inspection shall determine that the use is being operated consistent with the terms and conditions established by the Village Planning Board in approving the permit. If the CEO determines that the conditions are not in compliance with the permit, the CEO shall nullify the special use permit. The use may not be operated until a new application is submitted to and approved by the Planning Board.
A. 
Site development permits. No building or structure shall be commenced, nor shall any building or structure be extended or structurally altered, nor shall any use of a building or land be changed, until a site development permit and a building permit, if required, is issued by the CEO. The CEO shall in no case, except under a written order of the ZBA, issue any permit for any building or structure or use where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter.
(1) 
All applications for site development permits shall be made in quadruplicate to the CEO, on forms supplied by him, in the details specified in § 135-29 of this chapter.
(2) 
One copy of the application and supporting documents shall be returned to the applicant by the CEO after he shall have marked such copy either as approved or disapproved and attested to the same by his signature on such copy. The original and all remaining copies of the application, similarly marked, shall be retained by the CEO.
(3) 
Where the proposed use is for the construction of a new single-family dwelling, the expansion or structural alteration of an existing single-family dwelling, or for an accessory use or structure in a residential district, the CEO shall carefully consider the application for compliance with this chapter and may either issue or deny the permit applied for within 30 days after receipt of the completed application and determination of environmental significance. In the event of disapproval, the reasons shall be stated clearly, in writing. The CEO shall deny a permit until such conditions as the disapproval are based upon have been corrected.
(4) 
When the application is for any other permitted use or special permitted use in any district, which use shall also require site plan approval, the CEO shall, prior to the issuance of any permit, refer copies of such plans, drawings and statements to the Village Planning Board for site plan approval in accordance with Article XIII and Schedules I and II of this chapter.[1]
[1]
Editor's Note: Schedules I and II are included as attachments to this chapter.
(5) 
The CEO shall also transmit a copy of the complete application, environmental assessment, and final site plan to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law. This transmission shall be made concurrent with the referral of the final site plan application to the Village Planning Board.
(a) 
Where required, the Village shall notify adjacent municipalities pursuant to General Municipal Law § 239-nn.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6) 
All site development permit applications referred to the Planning Board shall be reviewed to determine that the proposed site development plan is consistent with the goals and objectives of the Village's Comprehensive Plan; that the proposed improvements are sufficient to adequately serve the proposed use; that adjacent properties are protected from potential negative impacts; that potential adverse environmental impacts are identified; and appropriate mitigation measures have been proposed.
B. 
Special and temporary use permits.
(1) 
All applications for special and temporary use permits shall be made in quadruplicate to the CEO on forms provided by him.
(2) 
The CEO, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Village Planning Board for review and approval.
(3) 
The CEO shall transmit a copy of the complete application and supporting documents to the County Planning Board for review when required under Article 12-B, § 239-1 and 239-m of the General Municipal Law.
(a) 
Where required, the Village shall notify adjacent municipalities pursuant to General Municipal Law § 239-nn.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) 
The application for temporary or special permit use shall include a statement by the applicant which specifies the nature of the proposed use and the length of time for which it is to be authorized, in the case of a temporary use. The application for a special or temporary use permit should include a site development plan of the subject parcel drawn to scale, which includes all of the data specified in § 135-29 of this chapter.
(5) 
The Village Planning Board may schedule a public hearing to invite public comment if it determines that the public interest would be served on the application by such hearing.
(6) 
If the Village Planning Board determines the public benefit would be served by a public hearing, said hearing shall be conducted within 30 days following the receipt of a complete application. Within 30 days of the date of such public hearing, the Village Planning Board shall either approve or disapprove the application so heard. The thirty-day period available to make a determination may be extended by mutual agreement of the applicant and the Village Planning Board.
(7) 
In approving an application, the Village Planning Board may impose any modifications or conditions (including time limits) it deems necessary to conform to the goals and objectives of the Village of Bloomfield/Town of East Bloomfield's Comprehensive Plan, and its principles of land use and development and to protect the health, safety or general welfare of the public.
C. 
Certificates of compliance.
(1) 
Within seven days after the completion of the change in use of a building or parcel of land, the applicant shall so notify the CEO by registered mail, return receipt requested, stating that such action has been completed in compliance with this chapter. The applicant shall provide the CEO with suitable evidence to document compliance. This evidence shall be in the form of an instrument survey, tape location map, or comparable documentation. Within seven days of the receipt of this letter, the CEO shall conduct a final inspection of the premises to determine whether the new use complies with the requirements of this chapter. If the CEO determines that said building or use complies with the provisions herein, he shall issue a certificate of compliance. If it is determined that the provisions specified herein are not fully complied with, the CEO shall specify the violations and the terms and conditions for remedying these violations. A certificate of compliance shall not be issued until such violations are corrected.
(2) 
No nonconforming building or use shall be maintained, renewed, changed or extended without a certificate of compliance having first been issued by the CEO. The certificate of compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter.
Each application for a site development or a special use or temporary use permit shall be made in quadruplicate and accompanied with a site plan. All site plans submitted to the Village for review and approval shall be prepared by a licensed professional engineer, architect, land surveyor, or landscape architect as per the NYS Education Law. The materials to be submitted with each application shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building and the appearance and function of the proposed use or building. The application shall include the following information and specify both before and after conditions:
A. 
The location, design, dimensions, use and height of each proposed building and yard area.
B. 
Property boundaries, as shown on an accurate map drawn to scale, including the precise location of the center line of the road, dimensions, North arrow and date.
C. 
A general location map showing the location of the property in relation to adjacent parcels.
D. 
The location and arrangement of vehicular accessways and the location, size and capacity of all areas to be used for off-street parking.
E. 
Information to describe topography and natural grades.
F. 
Provisions for water supply, sewage disposal and storm drainage.
G. 
The location of fire hydrants.
H. 
The location and design of outdoor lighting facilities.
I. 
The location and design of construction materials of all proposed signs.
J. 
The location and capacity of all areas to be used for loading and unloading and the distance to the nearest intersection.
K. 
The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.
L. 
The design and treatment of open areas, buffer areas and screening devices maintained, including dimensions of all areas devoted to lawns, trees and other landscaping.
M. 
The location of fire and other emergency zones.
N. 
The location of any easements or rights-of-way.
O. 
The location of all natural features of the land (e.g., wetlands, floodplains, watercourses, woods, etc.).
P. 
Other elements integral to the proposed development as considered necessary by the CEO, Village Engineer, or Planning Board, including a property survey, any and all requirements to comply with the State Environmental Quality Review Act (SEQR), other community impacts and the identification of any state or county permits required for the execution of the project.
Each application for a permit provided for by this chapter shall be accompanied by a fee. Fees shall be established annually by resolution of the Village Board of Trustees. The CEO shall maintain copies of said fee schedule and make them available for the public's use and information.