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.
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).
(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.
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.