Town of Van Buren, NY Article XII Administrative Mechanisms

§ 200-79 Planning Board.

A. General provisions.

(1) Reaffirmation of creation. The Van Buren Town Board hereby reaffirms the creation and existence of the Town of Van Buren Planning Board as it presently exists and constituted by its present members and chairperson, including their seven-year staggered terms.

(2) Referrals. The Planning Board shall review any matter referred to it by either the Town Board or the Zoning Board of Appeals

(3) Investigations and reports. The Planning Board shall have the authority to make such investigations, maps, reports, recommendations and determinations in connection with the planning and development of the Town as may be authorized by this chapter and as it deems necessary.

B. Site plan review.

(1) Intent and purpose.

(a) It is the intent of this chapter to promote, through site plan review, the development of an attractive and well-ordered community, ensure the safe and efficient movement of traffic, further the comprehensive planning of the Town, promote the maintenance and continued development of the economy of the Town, and best serve the interests of public health, safety and general welfare by regulating land use activity through review and approval of site plans.

(b) This subsection is further intended to provide for orderly and expeditious processing of site plan applications and to ensure that evaluation of site plans is based on established site design criteria.

(2) Definitions. As used in this chapter, the following term shall have the meaning indicated:

SITE PLAN

A single or group of renderings, drawings, or sketches prepared by a licensed professional in New York State, i.e., an architect, landscape architect, engineer, land surveyor or planning consultant, which shows the arrangement, layout and design of the proposed use of an individual parcel of land as shown on said plan.

(3) Applicability. With the exception of one- and two-family dwellings, site plan approval by the Joint Zoning Board of Appeals/Planning Board is required for uses so indicated in the Table of Land Uses (§ 200-21)[1] and/or as otherwise required under this chapter.

[Amended 4-5-2016 by L.L. No. 3-2016]

[1] Editor's Note: The Table of Land Uses by Zoning District is included as an attachment to this chapter.

(4) Initial conference. An initial conference may be held between the applicant and the Planning Board or its representatives prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board or its representatives of the proposal prior to the preparation of a detailed site plan; and for the Planning Board or its representatives to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant should provide the following:

(a) A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation, buffer strips (where required), and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations;

(b) A sketch or map of the area which clearly shows the location of the site with respect to nearby street rights-of-way, properties, easements and other pertinent features; and

(c) A topographic or contour map of adequate scale and detail to show site topography.

(5) Application for site plan approval. An application for site plan approval shall be made in writing to the Planning Board and shall be accompanied by information contained on the following checklists. Where the initial conference was held, the accompanying information shall be drawn from the following checklists as determined necessary by the Planning Board at said initial conference. The number of copies of all drawings and other written and graphic materials included in the application shall be determined by the Planning Board. All applications shall be accompanied by an application fee in such amount as may be determined from time to time by the Town Board. Additional information integral to the proposed development may be required as considered necessary by the Planning Board.

(6) Project information site plan checklist:

(a) Title of drawing, including name and address of owner/applicant, type of application, Tax Map sheet, block and lot, and street location.

(b) Name, signature, license number, seal and address of engineer, land surveyor, architect, and/or landscape architect, as applicable, involved in preparation of the site plan.

(c) Location map showing location and boundaries of the tract with reference to surrounding properties, existing and proposed streets, municipal boundaries within 500 feet, date of current survey.

(d) North arrow, scale, and date, including date of original and all revisions.

(e) Boundaries of the property plotted to scale, acreage of tract to the nearest tenth of an acre, and area of lots in square feet.

(f) Location, design, type of construction, proposed use, and exterior dimensions of all buildings, existing and proposed.

(g) Include number of dwelling units by type, square footage of living area in dwelling units, and proposed method of ownership.

(h) Location and proposed development of all buffer areas, including existing vegetative cover.

(i) Location, design, type of construction, of all parking and truck loading areas, showing access and egress.

(j) Location of outdoor storage.

(k) Provision for pedestrian access.

(l) Location of fire and other emergency zones, including the location of fire hydrants.

(m) An estimated project construction schedule.

(n) Copy and delineation of any existing or proposed deed restrictions or covenants (including proposed covenants concerning ownership and maintenance of common lands).

(o) Any existing or proposed easement or land reserved for or dedicated to public use.

(p) Record of application for and approval status of all necessary permits from state and county officials, and identification of any additional state or county permits required for the project's execution.

(q) List of variances required or requested.

(r) Signature blocks for Planning Board Chairperson, Fire Chief, and Planning Board Attorney.

(7) Environmental information site plan checklist:

(a) Property owners and lines of all parcels within 200 feet identified on most recent Tax Map sheets; names of adjoining subdivisions.

(b) All existing watercourses and natural resource protection overlay district lands.

(c) Other significant environmental features within 400 feet of any part of the site.

(d) Copy of the Onondaga County Soil Survey indicating project boundaries, with a table listing soil features affecting development for each soil type in the project.

(e) Existing and proposed contour intervals based on USGS data as follows: for areas having a slope of 10% and less, contour lines at two-foot intervals; and for areas having a slope of greater than 10%, contour lines at five-foot intervals.

(f) Boundary, limits, nature and extent of wooded areas and specimen trees.

(g) Existing system of drainage of subject site and of any larger tract or basin of which it is a part.

(h) Location and results of percolation test sites if subsurface sewage disposal is proposed.

(i) Completed long-form environmental assessment form (EAF).

(j) Proposed stormwater management and erosion control measures.

(8) Improvements and construction site plan checklist:

(a) Location and design, and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.

(b) A stormwater management plan, including a report describing storm drainage peak flows for the subject property before and after development, the effects of the development on downstream facilities, and the basis of design of any proposed detention areas.

(c) Description of the method of sewage disposal and location, design, and construction materials of such facilities.

(d) Description of the method of securing public water and location, design and construction materials of such facilities.

(e) Soil erosion and sediment control plan (if soil disturbance over 5,000 square feet or if the Planning Board requires it due to severe topography); a completed SPDES/MS4.

(f) Spot and finished elevations at all property corners, corners of all structures or dwellings, existing or proposed first-floor elevations.

(g) Location, size, and design and type of construction of all proposed signs, including site identification signs, traffic control signs, and directional signs.

(h) Location and design of outdoor lighting facilities.

(i) General landscaping plan and planting schedule.

(j) Parking plan showing spaces, size and type, aisle width, curb cuts, drives, driveways, and all ingress and egress areas and dimensions.

(k) Preliminary architectural plan and elevations.

(l) A stormwater pollution prevention plan (SWPPP) consistent with the requirements of § 200-73 of this Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in § 200-73 of this Code. The approved site plan shall be consistent with the provisions of § 200-73 of this Code.

[Added 12-5-2006 by L.L. No. 9-2006]

(9) General standards and consideration. The Planning Board's resolution shall specify the findings of the Board, if any, based on the criteria that the Board shall deem applicable. The Planning Board's review of the site plan and supporting documents shall include, as appropriate, but is not limited to, the following general considerations:

(a) Location, arrangement size, design and general site compatibility of buildings, lighting, and signs.

(b) Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.

(c) Location, arrangement, appearance and sufficiency of off-street parking and loading.

(d) Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

(e) Adequacy of stormwater and drainage facilities. See Subsection B(10), Stormwater management and erosion control.

(f) Adequacy of water supply and sewage disposal facilities.

(g) Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.

(h) Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.

(i) Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

(j) Overall impact on the neighborhood, including compatibility of design considerations.

(10) Stormwater management and erosion control. The Town reserves the right to establish specific guidelines for individual applications. However, the Town's general approach to stormwater management is that proposed development shall not increase the discharge of stormwater to adjacent properties, culverts, channels, etc. over predeveloped conditions. Proposed development shall also not block or impede stormwater from upstream areas that naturally drain to or through the proposed developed area.

(a) Erosion control. All applications shall address control of potential soil erosion. All erosion and sediment control measures shall be in accordance with the requirements of § 200-73 of this chapter and the New York Guidelines for Urban Erosion and Sediment Control (as amended) and shall be shown on the site plan.

(b) Stormwater management. A drainage report shall be submitted, consisting of a description of the existing and proposed conditions, a soils and ground cover map showing existing and proposed drainage areas, existing drainage facilities and proposed drainage facilities, and calculations for pre- and postdevelopment.

[1] Design frequencies: five-year storm.

[2] Detention system: fifty-year storm with provisions for control of the two-year storm and overflow of the one-hundred-year storm.

[3] Control of stormwater to prevent an increase in runoff to downstream properties or facilities shall be done by providing sufficient on-site detention of the stormwater. Alternate methods of controlling runoff may be used, as approved by the Town.

[4] Calculations should be based on any of the recognized methods commonly used for storm drainage calculations, i.e., Rational Method, TR-55, etc. Calculations for existing and developed conditions shall account for existing stormwater from off-site areas that contribute to the proposed area of development.

[5] For stormwater that affects existing or proposed Town-owned roads and drainage facilities, see the Town's standards and specifications for road construction.[2]

[2] Editor's Note: See Ch. 170, Streets and Sidewalks, Part 1, Design Specifications.

(11) Planning Board decisions. Within 62 days of receipt of the complete application for site plan approval or, if a public hearing is held, within 62 days of public hearing, the Planning Board shall render a decision. In its decision the Planning Board may approve, approve with modifications, or disapprove the site plan. The time period in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

(a) Approval. Upon approval of the site plan, and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.

(b) Approval with modifications. The Planning Board may conditionally approve the final site plan. A copy of written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met, and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.

(c) Disapproval. Upon disapproval of the site plan the decision of the Planning Board shall immediately be filed with the Town Clerk and a copy thereof mailed to the applicant by certified mail, return receipt requested, along with the Planning Board's reasons for disapproval.

(12) Performance guarantee. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Town Board after consultations with the Planning Board, Code Enforcement Officer, Attorney, and other appropriate parties.

(13) Inspection of improvements. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board and other officials and agencies, as appropriate.

(14) Extension of approval. In the event that the applicant does not apply for and obtain a building permit within one year of final site plan approval, the applicant may make application to the Planning Board for a one-year extension of such approval. Site plan approval shall not be effective upon the expiration of one year or any subsequent extension. No more than two such extensions shall be granted by the Planning Board.

(15) Integration of procedures. Whenever the particular circumstances of proposed development require compliance with either the special use procedure in this chapter or other requirements of the Town, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.

§ 200-80 Zoning Board of Appeals.

A. Administration.

(1) Establishment of Board. A Zoning Board of Appeals is hereby continued in order that the objectives of this chapter may be fully and equitably achieved and that a means for competent interpretation of the chapter be provided. The authority and jurisdiction of the Zoning Board of Appeals shall be as provided in Article 16 of the Town Law. All applications to the Zoning Board of Appeals shall be accompanied by an application fee in an amount determined from time to time by resolution of the Town Board.

(2) Definitions. As used in this section, the following terms shall have the meanings indicated:

AREA VARIANCE

The authorization by the Zoning Board of Appeals of the use of land in a manner which is not allowed by the dimensional requirements of the applicable zoning regulations.

USE VARIANCE

The authorization by the Zoning Board of Appeals of the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

(3) Appointment of members. The Town Board shall appoint five members to the Zoning Board of Appeals, and the Town Board shall also designate the Chairperson. In the absence of a Chairperson, the Zoning Board of Appeals may designate a member to serve as Acting Chairperson.

(4) Compensation for professional services. The Town Board may provide for compensation to be paid for professional services and a secretary, and may provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Town Board for such purpose.

(5) Chairperson duties. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.

B. Procedure.

(1) Meetings, minutes, records. Meetings of the Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official business.

(2) Filing of decisions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals, all of which constitute public records, shall be filed in the office of the Town Clerk. A copy thereof shall be mailed to the applicant, and it shall be a public record.

(3) Assistance to the Zoning Board of Appeals. The Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the Town for such assistance as shall be deemed necessary and as shall be authorized by the Town Bard.

(4) Hearing appeals. Unless otherwise provided by the Town Board, Article 16 of the Town Law or this chapter, the jurisdiction of the Zoning Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the Code Enforcement Officer who is charged with the enforcement of this chapter. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the Town.

(5) Vote required. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer, or to grant a use variance or area variance.

(6) Notice and hearing. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in a paper of general circulation in the Town at least five days prior to the date thereof. The cost of sending or publishing any notice relating to such appeal shall be borne by the appealing party and shall be paid to the Zoning Board of Appeals prior to the hearing of such appeal. Upon the hearing, any party may appear in person, or by agent or attorney.

(7) Time of decision. The Zoning Board of Appeals shall decide upon the appeal with 62 days after the close of the public hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Zoning Board of Appeals.

(8) Referrals. At least five days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the parties and to the Onondaga County Planning Agency as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law.

(9) Compliance with State Environmental Quality Review Act. The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

C. Permitted actions.

(1) Interpretation power. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify orders, requirements, decisions, interpretations, or determinations as in its opinion ought to have been made in the matter by the Code Enforcement Officer and to that end shall have all the power of the Code Enforcement Officer from whose order, requirement, decision, interpretation or determination the appeal is taken.

(2) Use variances.

(a) The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.

(b) No such use variances shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship.

(c) In order to prove such unnecessary hardship the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:

[1] The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

[2] The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;

[3] The requested use variance, if granted, will not alter the essential character of the neighborhood; and

[4] The alleged hardship has not been self-created.

(d) The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(3) Area variances.

(a) The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances, as defined herein.

(b) In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Zoning Board of Appeals shall also consider:

[1] Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;

[2] Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

[3] Whether the requested area variance is substantial;

[4] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

[5] Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.

(c) Minimum variance necessary. The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(4) Imposition of conditions on use and area variances. The Zoning Board of Appeals shall, in the granting of a use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property, and/or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact the use variance may have on the neighborhood or community.

(5) Special use permits. Under these regulations, special uses are considered to be uses which may be appropriate in the district in which they are located, but which possess special characteristics which may pose land use problems or difficulties if controlled only by the district regulation applicable to permitted uses. Accordingly, such uses are further controlled by a procedure which requires special consideration and additional regulations for such use in order to mitigate any such problems or difficulties and minimize the impact upon the district. Each use warrants consideration as an individual case in the district and on the specific lot on which it is proposed to be located. Granting of a special permit for a special use in a zoning district shall be based on its own unique facts and circumstances and shall not establish any precedent for granting of a special permit for the use or any other special permit use on any other lot in the district or in other districts. The Zoning Board of Appeals shall have the authority to grant special use permits for any of the uses listed in § 200-21 with the designation "Z"[1] in such cases where it finds adequate evidence that the proposed special use permit is duly authorized under the provisions of this chapter, that the application falls within the terms of the specific provisions allowing for special use permits, and that the proposed use complies with all other requirements of this chapter.

(a) Required plan. A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special use permit, and such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and any other pertinent information as may be required for this submission of a site plan under this chapter, and as may be otherwise necessary to determine if the proposed special use meets the requirements of this chapter.

(b) General requirements and standards applicable to all special use permits. The Zoning Board of Appeals shall, among other things, require that any proposed use and location comply with the following standards:

[1] Compliance. The proposed use complies with the applicable intent and regulations of this chapter, including those applicable to the specific zoning district in which it is located. The proposed use complies with other applicable Town, county, state and/or federal regulations.

[2] Conformance to Town Comprehensive Plan. The proposed use is located on a site and in an area of the Town which is consistent with the long-term development objectives for the area. The proposed use is appropriately located with respect to the existing pattern of streets and other facilities, including but not limited to water, sanitary lines and drainage systems and will not adversely affect the functioning of these facilities nor impede any planned improvements.

[3] Scale of development. The scale and design of the proposed use is physically and visually compatible with the conditions of the site and surrounding properties.

[4] Vehicular and pedestrian circulation. The nature and design of the proposed use is such that there is safe and efficient vehicular and pedestrian movement within the site and in relationship to any streets serving the site. In making this determination, consideration shall be given, but not limited to, the following:

[a] Location and adequacy of parking and loading facilities.

[b] Pedestrian rights-of-way.

[c] Traffic regulatory devices.

[d] Location, number and design of points of ingress and egress.

[e] Accessibility by emergency vehicles, with particular emphasis on access to structures and provision for turning and free movement.

[f] Provision for snow storage.

[g] Age and mobility of all persons for whose benefit the use is intended.

[h] Speed limits upon and general character of public highways in proximity and providing access to the subject site.

[5] Environmental resources. The proposed use is located, designed and operated in a manner that avoids or minimizes any disturbance of significant natural or cultural resources. The proposed use is located and designed in a manner that is consistent with the site's soil capabilities to accommodate the use. The proposed use is to be developed in conformance with any applicable state or federal requirements regulating significant environmental resources. The proposed use provides drainage systems conforming to any area-wide drainage plans and controls stormwater runoff consistent with Town and other regulations.

[6] Aesthetics. The proposed use includes use of building materials, screening and landscaping treatments of parking, drainage and storage areas that are consistent with existing development and any aesthetic standards developed by the Town, and which minimize any adverse visual effects on surrounding properties or public rights-of-way. Lighting and signage for the proposed use is appropriate in size, color and placement for the site and character of the surrounding area and has no significant adverse impact on surrounding properties.

[7] Emissions. The emissions of any noise, smoke, heat or odor from the proposed use is within limits established by this chapter, if any, and is minimized and directed away from surrounding properties, and any mechanical elements associated with these emissions are installed and maintained in accordance with applicable health and safety codes and are adequately screened from view.

[8] The physical characteristics, topography and other features of the lot and the scale and physical design and other features of any new or existing buildings to be occupied by the use are suitable and adaptable for the proposed use without any modifications which would change the established character of the street or neighborhood setting.

[9] The nature and intensity of operations of the use will not be more objectionable to surrounding properties than those of an expressly permitted use in the district.

[10] The use will not unreasonably increase or introduce traffic congestion or safety hazards or impose traffic volumes on streets and street patterns which are deficient in width, design, sight distance, intersection configuration, or other typical standards necessary to accommodate such traffic changes.

[11] The use and the proposed design of building and other structure and site facilities for the use are appropriate in the proposed location and have incorporated reasonable efforts to harmonize with surrounding uses and mitigate any adverse impacts on surrounding uses, including but not limited to traffic congestion and hazards, untimely scheduling of activities, removal of trees and other established natural features, and excessive stormwater runoff, noise, nuisance, odors, glare or vibration.

[12] The cumulative impacts of the use in the proposed location will not unreasonably interfere with or diminish the continued use, preservation, stability, value, enjoyment, prosperity or growth of the neighborhood or community.

[1] Editor's Note: The Table of Land Uses by Zoning District is included as an attachment to this chapter.

§ 200-80.1 Joint Zoning Board of Appeals/Planning Board.

[Added 12-15-2015 by L.L. No. 4-2015]

A. Administrative/general provisions.

(1) Establishment of Joint Board. A Town of Van Buren Joint Zoning Board of Appeals/Planning Board is hereby established in order that the objectives and competent administration of this chapter may be fully and equitably achieved.

(2) Appointment of members. The Town Board shall appoint seven members to the Joint Zoning Board of Appeals/Planning Board. The initial appointments to the Board shall be such that the term of one member shall expire each consecutive year. Thereafter, members of the Joint Board shall be appointed by the Town Board for a term of seven years from and after the expiration of each initial term of office.

(3) Chairperson. The Town Board shall annually appoint one of the members of the Joint Zoning Board of Appeals/Planning Board to act as Chairperson to preside at all meetings and hearings, to supervise the affairs of the Joint Board and to fulfill the customary functions of that office.

(4) Secretary. A secretary of the Joint Zoning Board of Appeals/Planning Board shall be designated by the Town Board on an annual basis. The secretary shall keep minutes of all of the Joint Board's proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact and shall also keep records of all of the Joint Board's official actions.

B. Powers and duties.

(1) The Joint Zoning Board of Appeals/Planning Board shall be the sole land use board within the Town of Van Buren and shall be authorized to hear all planning and zoning matters within the Town of Van Buren. The Joint Zoning Board of Appeals/Planning Board shall have all of the power and authority of the previously constituted and comprised Zoning Board of Appeals and Planning Board as set forth in this chapter and the Town Law when considering all planning and zoning matters.

C. Conflicts with this chapter.

(1) To the extent any parts of this chapter or any other chapter of the Code of the Town of Van Buren are inconsistent with or conflict with any of the provisions of this § 200-80.1, the terms of this § 200-80.1 shall control.

(2) Wherever the term "Zoning Board of Appeals" or "Zoning Board" or "Planning Board" appears in this chapter or any other chapter of the Code of the Town of Van Buren, said terms shall hereafter mean and refer to the Joint Zoning Board of Appeals/Planning Board as established by this § 200-80.1.

D. Zoning Board of Appeals abolished. The Town of Van Buren Zoning Board of Appeals as currently constituted and comprised is hereby abolished and, as set forth above, is consolidated into the new Town of Van Buren Joint Zoning Board of Appeals/Planning Board.

E. Planning Board abolished. The Town of Van Buren Planning Board as currently constituted and comprised is hereby abolished and, as set forth above, is consolidated into the new Town of Van Buren Joint Zoning Board of Appeals/Planning Board.

F. Severability. If any clause, sentence, paragraph, subdivision or part of this section or the application thereof to any person, firm or corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision or part of this section or in its application to the person, individual, firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered.

§ 200-81 Code Enforcement Officer.

A. Duties and powers. The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer, who shall be appointed by the Town Board. It shall be the duty of the Code Enforcement Officer and he/she shall have the power to:

(1) Receive and examine all applications for permits.

(2) Processes permit applications for all permitted uses.

(3) Issue permits only where there is compliance with the provisions of this chapter, with other Town laws and with the laws of the County, state and the federal governments. Permits for construction or uses requiring site plan review approval or a special use permit shall be issued only upon order of the Planning Board and/or Zoning Board of Appeals, as applicable. Permits for construction or uses requiring a variance shall be issued only upon order of the Zoning Board of Appeals. Permits requiring approval by the Town Board shall be issued only after receipt of approval from the Town Board.

(4) Receive applications for zoning changes and forward the requests to the Town Board, Town Planning Board, and other appropriate agencies.

(5) Receive applications for site plan review approval and special use permits and forward these applications to the Town Planning Board.

(6) Receive applications for variances and forward these applications to the Zoning Board of Appeals.

(7) Following refusal of a permit, receive applications for interpretation, appeals, and variances and forward these applications to the Zoning Board of Appeals for action thereon.

(8) Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.

(9) Exposure of work covered prior to inspection. Whenever any installation subject to inspection prior to use is covered or concealed without first having been inspected, the Code Enforcement Officer may require by written notice that such work be exposed for inspection.

(10) Issue stop, cease and desist orders, and order, in writing, correction of all conditions found to be in violation of the provisions of all applicable codes. Such written orders shall be served personally or by certified mail upon persons, firms, or corporations deemed by the Code Enforcement Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order issued lawfully by the Code Enforcement Officer, and any person violating any such order shall be guilty of a violation of this chapter.

(11) Abatement of violations. The Code Enforcement Officer shall have the authority to require immediate abatement of any condition which is a violation of any provision of this chapter and which, in the opinion of the Code Enforcement Officer, presents an imminent hazard to life or property. The Code Enforcement Officer may require the occupants of any such building or structure or part thereof to vacate the premises forthwith. No person shall use or occupy such building or structure or part thereof until it is made safe. Except for the owner with prior permission of the Code Enforcement Officer, no person shall enter any premises which have been ordered vacated unless authorized to perform inspections, repairs or to demolish and remove such building or structure or portion thereof.

(12) Action upon noncompliance with violation order. In case the owner, lessor, occupant, agent or any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, the Code Enforcement Officer shall commence appropriate legal action in any court of competent jurisdiction to compel compliance.

(13) With the approval of the Town Board, or when directed by the Town Board, institute in the name of the Town any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation, so as to prevent the occupancy or use of any building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

(14) Record and file all applications for permits with accompanying plans and documents. All applications, plans, and documents shall be public records

(15) Register nonconforming structures, uses and lots in accordance with Article XI.

B. Permits and applications.

(1) Permits required. Hereafter, no use permitted in this chapter may be established or changed; no structure shall be erected, constructed, reconstructed, altered, razed, removed, and no building used or occupied, changed in use, or changed in nonresidential use occupancy until a permit has been secured from the Code Enforcement Officer. Upon completion of changes in use or construction, reconstruction, alteration or moving structures, the applicant shall notify the Code Enforcement Officer of such completion. No permit shall be considered as complete or as permanently effective until the Code Enforcement Officer has noted on the permit that the work or occupancy and use have been inspected and approved as being in conformity with the provisions of this chapter.

(2) Application requirements for permits. All application for permits shall be made in writing by the owner, tenant, vendee under contract of sale, or authorized agent on a form supplied by the Town and shall be filed with the Code Enforcement Officer. The number of copies required for each type of application will be as specified by the Code Enforcement Officer. The application shall include the following information:

(a) A description of the land on which the proposed work is to be done.

(b) A statement of the use or occupancy of all parts of the land and of the building or structure.

(c) A site layout plan drawn to scale (one inch equals 100 feet or larger) showing the location, dimensions, and height of proposed buildings, structures, or uses and any existing buildings in relation to property and street lines. If the application relates to property scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.

(d) The full name and address of the owner and the applicant, and the names and addresses of their responsible officers if either of them are corporations.

(e) The location, dimensions, and arrangements of all open space, yards and buffer yards, including methods to be employed for screening.

(f) The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.

(g) An approved highway permit for access from the Highway Department.

(h) Provisions to be made for stormwater treatment and disposal of sewage and industrial wastes, and a survey showing swales, ditches and other means of controlling water runoff onto surrounding properties.

[Amended 8-5-2008 by L.L. No. 9-2008]

(i) Approval by the Onondaga County Health Department of tests on the premises to establish the percolating qualities of the soil where septic tanks are proposed for sanitary waste disposal.

(j) The dimensions, location and methods of illumination for signs, if applicable.

(k) The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.

(l) The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.

(m) A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, fire hazards, traffic congestion or other safety hazards.

(n) A description of methods to be employed in controlling any excess noise, air pollution, smoke fumes, water pollution, fire hazards or other safety hazards.

(o) Any other information deemed necessary by the Code Enforcement Officer, Planning Board, or Town Board to enable them to determine the compliance of the proposed development with the terms of this chapter.

(3) Health Department permit. No permit for any new use or construction which will involve the on-site disposal of sewage or waste, and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site, shall be issued until approval has been granted by the Onondaga County Department of Health.

(4) Posting appropriate fees. All applications presented for consideration for the Planning Board, Zoning Board of Appeals or applications for zone changes before the Town Board shall include a nonrefundable application fee according to a fee schedule established from time to time by the Town Board.

(a) All applications presented for consideration by the Planning Board, Zoning Board of Appeals or application for changes in zoning before the Town Board shall include a deposit consistent with a schedule established from time to time by the Town Board for payment of professional fees incurred by the Town regarding the project and review of all phases of the approval process. In the event the actual costs to the Town are less than the deposit, the difference shall be returned to the applicant. In the event the actual cost exceeds the deposit, the applicant shall post additional sums with the Town prior to the final approval.

(b) The Town Board, in consultation with the Town Engineers and Town Attorney, shall from time to time establish a schedule of minimum mandatory deposits for engineering and legal costs incurred by the Town regarding the application. Upon the advice of the Town Attorney and Town Engineers that the costs anticipated for a particular project will likely exceed the scheduled deposit, the Town Supervisor or his designee may instruct the Code Enforcement Officer to notify the applicant that an additional deposit will be required and the applicant shall post such additional deposit prior to any continued Board consideration.

(c) No deposits for Town costs for engineering and legal professional services shall be required for variance applications concerning owner-occupied single- or two-family residences.

(5) Effective period of a permit. Any erection, construction, reconstruction, alteration or moving of a building or other structure, including a sign authorized by a permit, shall be commenced, and any change in use of a building or land authorized by a permit shall be undertaken, within one year after the date of issuance of the permit. If not, the permit shall be considered null and void. However, in case of erection or construction of a building, the right to proceed with construction may be extended annually without additional fees for an aggregate period of not more than three years, provided that the construction pursuant to said permit has commenced with the first one-year period.

(6) Revocation of permits. The Code Enforcement Officer may revoke a building permit theretofore issued and approved in the following instances:

(a) Where the Code Enforcement Officer finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based;

(b) Where the Code Enforcement Officer finds that the building permit was issued in error and should not have been issued in accordance with the applicable law;

(c) Where the Code Enforcement Officer finds that the work performed under the permit is not being performed in accordance with the provisions of the application, plans or specifications; or

(d) Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Code Enforcement Officer.

(7) Certificate of occupancy.

(a) Hereafter, no structure erected, constructed, reconstructed, extended or moved, and no land or building changed in use under a permit, shall be occupied or used in whole or in part for any use whatsoever or changed in nonresidential occupancy until the owner or authorized agent has been issued a certificate of occupancy by the Code Enforcement Officer, indicating that the building or use complies with the terms of zoning as provided in this chapter and applicable provisions of the New York State Building and/or Fire Code.

(b) No certificate shall be issued until the premises in question have been inspected and found by the Code Enforcement Officer to be in compliance with this chapter and the New York State Building and/or Fire Code.

(c) The issuance of a certificate of occupancy in no way absolves the owner or authorized agent from compliance with the requirements of this chapter, or any other applicable regulations.

(8) Inspection of work; stop-work orders. The Code Enforcement Officer shall be notified when the installation is ready for inspection, and he shall conduct the inspection within a reasonable period of time. When any construction or installation work is being performed in violation of the plans and specifications as approved by the Code Enforcement Officer or in the absence of the same or in violation of Town ordinances, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violation, and no work shall continue until the violation has been abated and the stop-work order has been rescinded.

(9) Abandonment of structures. Within one year after work on an excavation for a building has begun or within one year after a permanent or temporary building or structure has been destroyed, demolished or abandoned, all structural materials shall be removed from the site, and said excavation or cellar hole thus remaining shall be covered or filled to the normal grade by the owner.

(10) 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 immediately investigate and report thereon to the Town Board.

(11) Compliance required. A person owning, operating, occupying or maintaining property or premises within the scope of this chapter shall comply with all such provisions of this chapter or any orders, notices, rules, regulations or determinations issued in connection therewith.