It shall be the duty of the Building Inspector
and he is hereby given the power and authority to enforce the provisions
of this chapter.
[Added 8-8-2005 by L.L. No. 1-2005]
In all civil and criminal prosecutions brought
for the enforcement of this chapter respect to nonpermitted occupancy
of single- and two-family dwellings, the following provisions shall
apply:
A.
There shall be a rebuttable presumption that any dwelling
which maintains more than one gas meter, or more than one electric
meter, or more than one water meter, is being used as the residence
of two or more families.
B.
There shall be a rebuttable presumption that any dwelling
which maintains more than two gas meters, or more than two electric
meters, or more than two water meters, is being used as the residence
of three or more families.
C.
There shall be rebuttable presumption that a singe-family
dwelling which maintains any entrance(s) thereto, which entrance(s)
has not been set forth on any plans approved by and on file with the
Department of Buildings, is being used as the residence of two or
more families, except that this provision shall not apply in the case
of any entrance which was constructed prior to the effective date
of this Building Zone Ordinance.
D.
There shall be rebuttable presumption that a two-family
dwelling which maintains any third or additional entrance(s) thereto,
which entrance(s) has not been set forth on any plans approved by
and on file with the Department of Buildings, is being used as the
residence of two or more families, except that this provision shall
not apply in the case of any entrance which was constructed prior
to the effective date of this Building Zone Ordinance.
E.
There shall be a rebuttable presumption that a dwelling
which has been advertised in any newspaper, magazine or local advertising
publication as being available for sale or rent, which advertisement
essentially provides that such a dwelling contains more than one separate
living unit, or may be occupied by more than one separate family,
is being used as a dwelling containing the number of units or families
set forth in such advertisement.
F.
There shall be a rebuttable presumption that a dwelling
is being used as the residence of more than one family if any two
or more of the following are found to exist by the Building Inspector:
more than one mailbox, mail slot or post office address; more than
one doorbell; a written lease or leases, or oral rental agreements,
or the payment of rent, for the portion of the dwelling; a separate
exterior entrance to a cellar or basement; three or more vehicles
registered to the dwelling where each of the owners of the vehicles
have different surnames; utilities such as telephone, television,
electric or water services, are billed to two or more persons with
different surnames.
[Added 8-8-2005 by L.L. No. 1-2005]
It shall be a violation for a person or other
legal entity to solicit or advertise for the purposes of selling or
renting property or portions of property to be utilized in violation
or contravention of the uses permitted in zoning districts in this
chapter.
[Added 10-15-2007 by L.L. No. 4-2007]
A.
In any case in which the Board of Appeals shall grant
a variance or special permit to conduct any use that is not permitted
as of right in the zoning district in which the premises is situated,
or shall grant a variance of minimum required off-street parking space
requirements for the conduct of any use, and the said grant was made
subject to enumerated conditions, and it shall thereafter reasonably
appear to the Chairman or a majority of the Board members upon communication
received from the Building Inspector that the permittee, or the permittee's
agents, employees, representatives, lessees or assigns in actual control
of the premises or part thereof as the case may be, have been substantially
violating one or more of the enumerated conditions on a fairly consistent
basis, the Chairman or a majority of the Board may call a public hearing
to consider revocation of the grant for violation of one or more of
the conditions.
B.
Such hearing shall be called on not less than 15 days'
written notice to the permittee, or to the permittee's agents, employees,
representatives, lessees or assigns in actual control of the premises
or relevant part thereof as the case may be. Such written notice shall
be personally delivered at the subject premises to any person who
is present and in some apparent control of the premises, except that
if no such person is present at the premises after repeated service
attempts on at least two separate days during normal working hours,
the notice shall be posted upon the front door or other conspicuous
place. Such delivery shall be made by or on behalf of the Building
Inspector, who shall file an affidavit of personal service or posting
with the Board. The Board shall also mail a copy of the notice to
the address of the premises and to the permittee's last known address,
by regular mail and by certified mail, return receipt requested. The
Board shall also provide notice to the public in the same manner that
is required in the case of variance hearings. The notice shall specify
the date, place and time of the hearing, enumerate the conditions
asserted to have been violated, and declare the possibility of revocation
on the basis thereof.
C.
Such hearing shall be conducted on the original file,
as supplemented by such relevant documentation and competent testimony
as may be presented.
D.
If, at the conclusion of the hearing, the evidence
in the record establishes to the reasonable satisfaction of a majority
of the Board that one or more of the conditions of the prior grant
have been substantially violated on a fairly chronic basis, and that
the violations are not largely inconsequential but have had an unreasonably
deleterious effect on the use, enjoyment and character of any residential
vicinity within 200 feet of any boundary of the property at which
the subject premises is situated, then the Board, within 62 days after
the hearing date, may adopt a decision revoking the grant on not less
than six months' notice to applicant, with the said period to commence
on the date that the decision is filed in the Village Clerk's office.
E.
Commencing upon the effective date of this section,
and in all types of cases subject to the provisions hereof in which
the Board of Appeals shall render a written decision granting relief
subject to one or more enumerated conditions, it shall set forth a
further declaration at the end of the enumeration and also on the
notice of decision that a violation of one or more of the conditions
may result in revocation of the grant, pursuant to the provisions
of this section.
F.
Nothing herein shall prevent the Building Inspector
or any other appropriate Village official from issuing one or more
oral or written communications to appropriate persons that they should
cease and desist from violating the conditions, or else face the possibility
of revocation as provided hereunder.
G.
Nothing herein shall prevent any independently available
enforcement measures to be undertaken by the police or any appropriate
Village law enforcement officials for any violations of law that may
result from a violation of any condition imposed by the Board of Appeals.
H.
This section shall be effective immediately in regard
to all grants adopted by the Board of Appeals on or after January
1, 2008.
I.
By amortization, this section shall be effective on
and after December 1, 2010, in regard to all grants subject to enumerated
conditions adopted by the Board of Appeals prior to January 1, 2008,
notwithstanding any claim of legal nonconforming status in regard
to this section by reason of such conditioned grant predating the
effective date of this section, and notwithstanding any claim of vested
rights in any construction authorized by the conditional grant.
J.
Nothing herein shall be construed as lessening or
eliminating any previously existing law enforcement rights or prerogatives
of the police or any Village official, or any presently existing authority
of the Board of Appeals in regard to the review, revocation, modification
or enforcement of its decisions.
A.
The Building Inspector shall require that the application
for a building permit and the accompanying plot plan shall contain
all the information necessary to ascertain whether the proposed building
complies with the provisions of this chapter and all other codes and
regulations under the jurisdiction of the Building Inspector.
B.
No building permit shall be issued until the Building
Inspector has certified that the proposed building or alteration complies
with all the provisions of this chapter and all other codes and regulations
under the jurisdiction of the Building Inspector.
C.
Until a building permit has been duly issued therefor,
it shall be unlawful for any person to commence work for the erection
or alteration of any building or structure; commence the clearing
of any lot or premises of trees, shrubs or similar growth prior to
construction; commence work on any lot or premises for any purpose
or any use; or make any excavation thereon for the removal of sand,
gravel, stone or topsoil.
D.
Tree preservation. No subdivision, lot reapportionment
or site plan, regardless of area, shall be approved, or a building
permit issued, unless a tree plan shall be filed with the Building
Inspector, identifying all trees on the property, and those intended
to be removed, and the Building Inspector determines that the number
of trees to be removed is the fewest reasonably necessary in connection
with the proposed project.
[Amended 2-13-2017 by L.L. No. 1-2017]
For any application which necessitates a public
hearing before the Board of Trustees or the Board of Zoning Appeals,
there shall be an application fee, plus legal costs, stenographer
costs and all other out-of-pocket expenses actually incurred by the
Village in connection with the application per hearing, payable to
the Village, as set forth from time to time by resolution of the Board
of Trustees.
The Board of Trustees or the Board of Zoning
Appeals, as the case may be, shall make rules as to the manner of
filing of applications under their respective jurisdictions.
A.
Upon the filing of any such application, the relevant
Board shall fix the time and place for a public hearing thereon and
shall give publication and/or mailed notice thereof as it shall fix
by rule, subject to such minimum notice as may be required by law.
Any approval granted by the Board of Trustees,
including site plan approvals in the MR Marine Recreation or CA Residence
Districts, shall expire and be of no force and effect, unless:
A.
A building permit shall have been issued pursuant
thereto within four months after the date of the decision of the Board
of Trustees; and
B.
The use granted by the Board of Trustees shall have
actually commenced, or the construction of the project authorized
by the Board of Trustees shall have actually commenced, within four
months after the issuance of the building permit; provided that excavation
for a foundation shall not be deemed a commencement within the meaning
of this section; and
C.
The construction of any such project shall have been
completed, and a certificate of occupancy issued, within two years
after the date of the issuance of the building permit therefor.
The Board of Trustees may, for good cause shown,
grant a longer period of time for the issuance of a building permit,
commencement of construction, and completion of a building or structure
in pursuance thereof, than that herein provided, either upon the granting
of the authorization, approval or special exception or thereafter
upon application made to it for such extension; provided, however,
that such application shall be made before or within one year after
the time for the issuance of a building permit or commencement of
the building or structure has expired. In determining whether good
cause exists for such extension, the Board of Trustees shall consider,
among other things, the nature and extent of the construction and
complexity thereof, practical difficulty tending to delay construction,
availability of utilities, strikes, scarcity of labor or materials,
war, or acts of God.
[Amended 3-9-2009; 3-9-2020 by L.L. No. 2-2020]
Every application to the Board of Trustees for
an amendment of the Building Zone Ordinance or of the Building Zone
Map or for a site plan approval, and every application to the Board
of Zoning Appeals for an appeal, variance or special exception, shall
be accompanied by an area map prepared by a professional engineer
or surveyor licensed by the State of New York showing by courses and
distances the property which is the subject of the application and
all of the properties within 200 feet of any line of the property
which is the subject of the application and showing, to scale, all
structures within the area indicating the use of each, and showing
the zoning of all the areas depicted, except in the Marine Recreation
District the radius map shall be 500 feet. The number of copies of
the area map required for each application shall be at the discretion
of either Board, through rules promulgate by either Board from time
to time.
A.
Every applicant for a variance, change of zoning,
approval of a plat, exemption from a plat or official map, approval
of a site plan, or any other license or permit granted in the exercise
of discretion under the provisions of this chapter, shall certify,
in the manner hereinafter provided, the name and address of each state
or local officer or employee in the county interested in the favorable
exercise of such discretion.
B.
As used in this section, the terms "state or local
officer or employee" shall also include the members of the boards
and commissioners of local public authorities or other public corporations
within the county but shall not include volunteer firemen or civil
defense volunteers.
C.
A person is "interested" in such application when
he or his spouse or a person by consanguinity related to either of
them within the third degree:
(1)
Is the applicant;
(2)
Is an officer, director or employee of the applicant;
(3)
Legally or beneficially owns or controls the stock
of a corporation or is a member of the partnership venture or association
which makes the application; or
(4)
Has an agreement with such an applicant, expressed
or implied, whereby his compensation for services is to be dependent
or contingent upon the favorable exercise of such discretion.
D.
An applicant shall certify whether or not any of the
foregoing provisions are applicable by making a verified statement,
under oath (unless such statement is affirmed by an attorney under
the provisions of Article 21 of the Civil Practice Law and Rules),
on a form for such purpose provided by either the Village Clerk on
behalf of the Board of Trustees or by the Clerk of the Board of Zoning
Appeals, depending upon which Board has jurisdiction over the application.
E.
The provisions of this section shall not apply to
a corporation whose stock is traded on any regularly organized stock
market as defined in Rule 4533 of the Civil Practice Law and Rules.
[Added 6-13-2016 by L.L.
No. 2-2016]
The Board of Trustees may from time to time, on its own motion
and in accordance with the provisions of the Village Law, amend, supplement,
change, modify or repeal the regulations, restrictions and boundaries
herein established, or any part thereof.
[Added 6-13-2016 by L.L.
No. 2-2016]
Any owner, lessee, tenant, general agent, architect, builder,
contractor, subcontractor, worker, employee or any other person who
knowingly commits, takes part in or assists in any violation of this
chapter, or any part thereof, or who maintains any building or premises
in which any violation of this chapter shall exist or who permits
any violation to exist in or upon any building or premises or who
shall cause or permit any building, or part thereof, to be constructed,
altered or used contrary to the plans and specifications filed under
the provisions of this chapter and for which a building permit has
been issued shall be guilty of a violation of this chapter and shall
be subject to a fine of not more than $1,000 or imprisonment for not
more than 15 days, or both such fine and imprisonment, for each and
every day or part thereof upon which such violation exists.
