Town of Holland, NY
Erie County
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Table of Contents
Table of Contents

§ 120-71
Appointment and compensation of officials. 

§ 120-72
Compliance required for issuance of report. 

§ 120-73
Orders; monthly report. 

§ 120-74
Duties of Building Zoning Officer. 

§ 120-75
Issuance of certificates and permits. 

§ 120-76
Application procedure. 

§ 120-77
Application information. 

§ 120-78
Fees. 

§ 120-79
Conflicting provisions. 

§ 120-71 Appointment and compensation of officials.

[Amended 12-12-1984]
A. 

The Town Board of the Town of Holland shall appoint a Zoning Enforcement Officer (hereinafter referred to as "ZEO") whose duty shall be to assist in the enforcement of the provisions of this chapter.

B. 

The Town Board of the Town of Holland shall appoint a Building Zoning Officer (hereinafter referred to as "BZO") whose duties shall be to review all applications for building and use, determine compliance with this chapter and issue the appropriate building zoning permit.

C. 

The Town Board shall appoint either a single person to serve in both positions or different persons for each position, such appointments to be made at the organizational meeting of the Town Board or at any subsequent regular Town Board meeting if a vacancy occurs. Neither the ZEO nor the BZO shall be a member of the Town Board or the Zoning Board of Appeals.

D. 

The Town Board shall determine the compensation for each position.

§ 120-72 Compliance required for issuance of report.

[Amended 12-12-1984]

No building zoning permit or certificate of occupancy shall be issued except when there has been compliance with this chapter.

§ 120-73 Orders; monthly report.

[Amended 12-12-1984]
A. 

When the ZEO determines that any buildings or use of premises is in violation of this chapter, he shall issue an order to remedy violation, specifying the nature of the violation, the remedy ordered, the time permitted for such correction and the legal penalties which may be invoked by the Town. The order to remedy shall be served upon a responsible party, either personally or by delivering the order to a person of suitable age and discretion at the property in violation, and by mailing the order to the person to be served at his last known address.

B. 

The ZEO shall prepare a monthly report for the Town Board. Said report shall recite all actions taken by the ZEO and the results therefrom.

§ 120-74 Duties of Building Zoning Officer.

[Amended 12-12-1984]
A. 

The BZO, or his duly authorized assistant, shall be responsible to review all applications for building and use, to determine the compliance with this chapter and to issue the appropriate building zoning permit, which shall provide for periodic inspection and approval. The BZO will issue a certificate of occupancy when construction is complete and satisfactory. All permits shall have the signature of the BZO and the Town Clerk. The Town Clerk will collect and record the proper fees.

[Amended 1-8-1992 by L.L. No. 1-1992]

B. 

The BZO shall prepare an individual permanent file for each application for a permit and shall include in such file all information regarding pertinent dates, payments of fees, all supporting documents, maps and plans and, when appropriate, the resolution of the Town Board or the Board of Appeals indicating action upon the application.

C. 

The BZO shall prepare a monthly report for the Town Board, listing all applications received and actions taken. A copy of said monthly report shall be transmitted to the Zoning Enforcement Officer, the Planning Board and the Board of Appeals.

§ 120-75 Issuance of certificates and permits.

[Amended 12-12-1984]

No permit shall be issued until the Building Zoning Officer has certified that the building or use complies with the provisions of this chapter.

A. 

Building zoning permit. The BZO is hereby empowered to issue a building zoning permit for any plans regarding the construction or alteration of any building or part of a building or structure or the change in the use of any land or building or structure or part thereof, upon determination that such plans are in conformity with this chapter.

[Amended 1-8-1992 by L.L. No. 1-1992]

B. 

Special use permit. Upon determination by the Town Board, the Town Clerk shall issue a special permit including the conditions approved by the Town Board.

C. 

Certificate of occupancy and/or compliance. The BZO shall issue a certificate of occupancy and/or compliance when all provisions of this chapter have been complied with in regard to the construction, location and use of the building, structure or premises.

[Amended 1-8-1992 by L.L. No. 1-1992]

§ 120-76 Application procedure.

[Amended 10-12-1977; 4-12-1978; 12-12-1984]
A. 

Application for a building zoning permit. All applications for a building zoning permit shall be made to the BZO in the detail specified in § 120-77 of this chapter. The BZO shall consider the application and supporting documents for compliance with this chapter and either issue or deny the building zoning permit applied for. When the application is for use other than residential, residential or accessory use, agricultural or entirely dissimilar to the present use of premises; prior to the issuance of the permit, the BZO may refer the application to the Planning Board for its review and recommendations. The Planning Board shall review the proposed site plan and structures with suggestions and recommendations in accordance with this chapter.

[Amended 1-8-1992 by L.L. No. 1-1992]

B. 

Within 30 days after receipt of such application, the Planning Board shall make a report to the BZO setting forth its findings and recommendations concerning the application. The Planning Board may suggest revisions in the application to achieve compliance with this chapter. Such recommendations shall be considered by the BZO. All recommendations must be in accordance with this chapter and its requirements. The absence of a reply from the Planning Board within 30 days after submission shall constitute a waiver, and the application shall be before the BZO or Town Board for action.

C. 

Procedure for special use permit.

(1) 

All applications for special use permits shall be made to the Town Clerk who shall place such applications on the agenda of the next meeting of the Town Board. Upon direction of the Town Board, the Town Clerk shall transmit a copy of the application and supporting documents to the Planning Board for its review to determine conformity to this chapter.

(2) 

In the event of referral by the Town Board, the Planning Board shall review the application and, within 30 days after receipt of such application, make a report to the Town Board setting forth its findings and recommendations concerning the application. The Planning Board may suggest revisions in the application to achieve compliance with this chapter. Upon receipt of the recommendations of the Planning Board, the Town Board may conduct a public hearing on the application. Within 60 days thereafter, the Board shall, by resolution, either approve or disapprove the application. In approving the application, the Board may impose only those modifications or conditions specified in this chapter.

(3) 

If the application is approved by the Town Board, the BZO shall be furnished with a copy of the approving resolution of the Board and shall issue the building zoning permit applied for in accordance with the conditions proposed of the Town Board.

(4) 

If the application is disapproved by the Town Board, the reasons for such denial may be set forth in the Board's resolution, and a copy of the resolution shall be transmitted to the BZO. The BZO shall deny the application accordingly by providing the applicant with a copy of the Board's transmittal of disapproval.

D. 

Procedure of certificate of occupancy and/or compliance. Following the completion of the construction, reconstruction or alteration of any building or where a change in the use of a structure is proposed and the building permit has been issued, the applicant will transmit, by mail or in person, to the BZO a letter stating that such construction has been completed or that a new use has been proposed. Within seven days of the receipt of the letter, the BZO or his designated agent shall make all necessary inspections of the completed structure and its proposed use to determine the compliance with this chapter. A certificate of occupancy and/or compliance shall be issued if the BZO determines that the construction and proposed use comply with all requirements of this chapter.

[Amended 1-8-1992 by L.L. No. 1-1992]

E. 

Temporary certificate of occupancy and/or compliance. The BZO may issue a temporary certificate of occupancy if he finds such not to be detrimental to the public safety or the development of adjoining property.

[Amended 1-18-1992 by L.L. No. 1-1992]

§ 120-77 Application information.

[Amended 12-12-1984]

Each application for a building zoning permit or special use permit shall be made with an accompanying site plan. 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.

A. 

The application shall include the following information and plans if applicable:

(1) 

The location, use, design and dimensions, including height of each use and building.

B. 

The site plan shall include the following information prepared by a licensed engineer, architect, landscape architect, surveyor or attorney, as appropriate:

[Amended 1-8-1992 by L.L. No. 1-1992]

(1) 

The title of the drawing, including the name of the development; the name and address of the applicant and the person who prepared the drawing.

(2) 

The North point, scale and date.

(3) 

The location of survey datum.

(4) 

A survey of the proposed development, including its acreage and a legal description thereof, plotted to scale.

(5) 

The lines of existing and proposed streets and sidewalks, immediately adjoining and within the proposed site, and the names of all proposed streets.

(6) 

The layout, number and dimensions of lots.

(7) 

The location, proposed use, height, building elevations and floor plan of all nonresidential and all residential structures containing three or more dwelling units; the location of all parking, loading and stacking areas with access drives.

(8) 

The location and proposed development of all open spaces, including parks, playgrounds and open reservations.

(9) 

The existing and proposed watercourses and the direction of flow and the impact on the entire watershed.

(10) 

A drainage plan showing existing and finished grades.

(11) 

A water supply plan, including the location of the fire hydrants.

(12) 

Paving, including typical cross sections and profiles of proposed streets, pedestrian walkways and bikeways.

(13) 

Sewage disposal plans.

(14) 

A landscape plan indicating the location, type and size of existing trees and vegetation, identifying those to be preserved, and the location, type and size of trees, vegetation and other amenities to be provided.

(15) 

The location and design of lighting facilities, fences, walls and signs.

(16) 

The location and dimension of all signs for which use permits are required under this chapter.

(17) 

Proposed easements, restrictions, covenants and provisions for homeowners' associations and common ownerships.

(18) 

Such other data and plans as required by applicable ordinances, codes, rules and regulations.

C. 

(Reserved)

Editor's Note: Former Subsection C, regarding the location and dimensions of sidewalks and other pedestrian areas, was repealed 1-8-1992 by L.L. No. 1-1992.

D. 

(Reserved)

Editor's Note: Former Subsection D, regarding the design of open areas and buffers, was repealed 1-8-1992 by L.L. No. 1-1992.

E. 

Types of development.

[Amended 1-8-1992 by L.L. No. 1-1992]

(1) 

A site plan must be submitted for all:

(a) 

Residential developments to contain three or more dwelling units.

(b) 

New business, industrial or community facilities developments.

(c) 

Alterations or additions to existing commercial or industrial public developments which increase original gross floor area by 750 square feet or more.

(d) 

Modifications to off-street parking, loading and stacking areas and structures.

(e) 

All developments within a Floodplain District.

(2) 

A site plan must be submitted for all applications to modify a previously approved site plan.

F. 

(Reserved)

Editor's Note: Former Subsection F, regarding other required data and plans, was repealed 1-8-1992 by L.L. No. 1-1992.

§ 120-78 Fees.

[Amended 5-12-1976; 4-12-1978; 10-11-1978; 8-11-1982; 7-13-1988 by L.L. No. 2-1988; 1-8-1992 by L.L. No. 1-1992]

The building permit fees are hereby determined by the following schedule and may be amended by resolution of the Town Board from time to time, such amendments being filed in the Town Clerk's office:

Type Fee
Single-family dwelling $250
Two-family residence $300
Multifamily dwelling
First 2 $300
Each additional unit $100
Private garage
Not to exceed 672 square feet $75
Over 672 square feet $100
Accessory toolshed
Up to 12 x 16 feet $20
Over 12 x 16 feet $50
Addition to residence
Under $1,000 $20
Over $1,000 $50
Sign $20
Addition to business
Under $1,000 $100
Over $1,000 to $20,000 $300
Over $20,000 $500
Appeal to Board of Appeals $50
Farm buildings
Up to 1,200 square feet $50
Up to 3,000 square feet $100
Up to 4,500 square feet $150
Over 4,500 square feet $200
Commercial buildings
Up to 1,200 square feet $100
Up to 3,000 square feet $200
Up to 4,500 square feet $300
Over 4,500 square feet $400
Flammable liquid tanks $60
Movable buildings $60
Solid fuel burning appliance $25
Fences $25
Aboveground pools $25
In-ground pools $50
Hot tubs (outside) $25
Fee for late permit Double the amount of the fee; minimum penalty $100

§ 120-79 Conflicting provisions.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare. Wherever any requirement of this chapter is at variance with a requirement of any other lawfully adopted rules, regulations or ordinance, the more restrictive or that imposing the higher standards shall govern.