Applications, petitions, appeals, complaints and other submissions to the Village under these regulations, except for applications for amendment of zoning district or other regulations, shall be submitted to the Zoning Enforcement Officer on forms provided by the Village or in an otherwise appropriate form, accompanied by applicable drawings and related supporting documentation, fees and other submissions required by these regulations.

Applications to the Board of Trustees for amendment of zoning district or other regulations shall be submitted to the Village Clerk.

Depending on the nature of a submission and scope of a proposed project, an applicant may review submission requirements with the Zoning Enforcement Officer or may arrange to attend a Planning Board meeting for informal discussion regarding submission requirements, and to review project sketch plans with the Board if appropriate. Any person uncertain as to the applicability of these regulations to a given project may submit a written request for a Planning Board determination.

Applicants should recognize that applications may involve several types and phases of review, may require review by several Village boards and by Madison County and other agencies, may include a public hearing, and as a result, may be a relatively lengthy process. Applicants should review these regulations thoroughly and applications should be prepared in complete form and submitted well in advance of any anticipated project construction schedule. The Village intends that all applications and other submissions be processed as efficiently as possible in accordance with all review procedures required by these regulations.

A complete application for a building permit for a permitted use or for a special use shall be filed with the Village Clerk and then referred by the Zoning Enforcement Officer to the Planning Board. Applications must be submitted at least seven days prior to a regular Planning Board meeting to be on the Board's agenda.

If the Zoning Enforcement Officer or the Planning Board determine that the application is incomplete, either may request supplemental submissions. The Planning Board review process shall not proceed until the Board considers an application to be complete.

The Planning Board review procedure includes any or all of the following reviews, depending on the location, nature, scale, and complexity of the project proposed in the application:

The Planning Board will make every effort to act on applications involving relatively minor projects at the initial review meeting or approximately 30 days later at the next regular review meeting. Activities involving special uses, significant building and land development proposals, or special water supply, floodplain, historic preservation or other impacts, or which generate significant community interest, may require up to 120 days, including a public hearing, before Board action is feasible. The Board will conduct a public hearing within 60 days after receipt of a complete application, and will act on the application within 60 days following completion of the public hearing. This schedule also depends on the applicant's timely response to any Board comments on possible modifications, requests for clarifications and supplemental information, and related considerations. In certain cases, this schedule may be extended with the consent of the applicant and the Planning Board.

The Board of Trustees will refer such applications, including applications for establishment of a Planned Development District, to the Planning Board for an advisory report. The Planning Board will proceed in accordance with Subsection C above and may request that the applicant provide supplemental information and documentation necessary for its formal review and for a complete understanding of the application by the Planning Board, Board of Trustees and the public. The Planning Board will schedule a formal review and report to the Board of Trustees within 45 days after receipt of a complete application, including requested supplemental information and documentation.

At its next regular meeting after receipt of the Planning Board report, the Board of Trustees shall schedule a public hearing on the application, and will act on the application at a regular meeting within 60 days after the public hearing. If the Planning Board does not submit a report as prescribed above, the Board of Trustees may proceed without the report.

The Zoning Enforcement Officer will refer such applications to the Board of Appeals. The Board may request that the applicant provide supplemental information and documentation necessary for its formal review and for a complete understanding of the application by the Board of Appeals, Planning Board and the public. The Board of Appeals will refer such applications to the Planning Board for an advisory report. The Planning Board will schedule a formal review and report to the Board of Appeals within 45 days after receipt of the application.

At its next regular meeting after receipt of the Planning Board report, the Board of Appeals will schedule a public hearing on the application and will act on the application at a regular meeting within 62 days after the public hearing. If the Planning Board does not submit a report as prescribed above, the Board of Appeals may proceed without the report.

Site plan review. The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site plans as provided in these regulations.

Special permits. The Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove applications for special uses enumerated in any zoning district as provided in these regulations. Approval or approval with modifications may be granted only if such use is found to comply with the requirements of these regulations.

Architectural review. Except when such authority has been specifically designated to the Historic Preservation/Architectural Advisory Review Committee, the Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove an application for a permit for new construction or exterior alteration of buildings and other structures, including swimming pools and signs, in terms of reasonable compatibility of the proposed architectural design, colors and materials of such structures with the character of adjoining and surrounding structures and settings in accordance with these regulations.

Before making its decision on any of the above matters, the Planning Board shall review and make findings in accordance with applicable criteria set forth in these regulations.

To the extent practical, multiple applications relating to the same project or development activity shall be processed and reviewed concurrently.

When an application involving any of the above matters is referred to the Planning Board under these regulations, and the Board deems that the application is complete and suitable for review, the Board shall commence its review. An applicant may request an appearance at any regular Planning Board meeting to present, explain and review an application. If a public hearing is required in the case of a special permit use, or if the Planning Board determines that a public hearing should be held on other matters, even if not required, the Board shall hold a hearing within 62 days from the date on which a complete application is received.

The Board shall make a decision on any matter involving a public hearing within 62 days after the public hearing, or if no public hearing is held, within 62 days after a complete application is received, provided in all cases that the requirements of the State Environmental Quality Review Act have been satisfied, and also provided that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

Each decision of the Planning Board shall be by resolution contained in the minutes of the Board, filed in the office of the Village Clerk and a copy thereof mailed to the applicant.

The concurring vote of a majority of the Board shall be required to render a decision.

Interpretation. Upon application appealing an interpretation, decision or determination by the Zoning Enforcement Officer and following a public hearing, to decide any question involving the interpretation of any provision of these regulations. The Board may reverse or affirm, wholly or partly, or may modify any interpretation, order, requirement, decision or determination made by the Zoning Enforcement Officer in the enforcement of these regulations, and shall have the power to make such interpretation, order, requirement, decision or determination which, in the opinion of the Board, ought to have been made in the matter.

Variance. Upon application appealing a decision or determination by the Zoning Enforcement Officer and following a public hearing, to vary or modify the strict application of any of the requirements of these regulations in accordance with the Village Law. A variance in the application of any provision of these regulations shall be granted by the Board of Appeals if it makes a finding of fact in connection with either an area variance or a use variance as follows:

Such appeal shall be taken within 60 days after the filing in the Village Clerk's office of any order, requirement, decision, interpretation or determination of the Zoning Enforcement Officer by filing with the Zoning Enforcement Officer and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. When an application is referred to the Board of Appeals, and the Board deems that the application is complete and suitable for consideration, the Board shall commence its review and schedule a public hearing. In determining that an application is complete, the Board shall determine that the application refers to the specific provisions of these regulations affected and exactly sets forth the interpretation or other relief claimed, and the details of the variance being applied for and the grounds and evidence on which it is claimed that the variance should be granted. The Board may refer the application to the Planning Board for an advisory report, but shall not be required to do so.

The Board shall hold a public hearing within 60 days from the date on which a complete application is received.

The Board shall make a decision within 62 days after the public hearing; provided, however, that the time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board.

In making its decision, the Board of Appeals shall consider any advisory report of the Planning Board, but shall not be bound by, or limited by, any such advisory recommendations.

Each decision of the Board of Appeals shall be by resolution containing a full record of the findings on which the decision was based, filed in the office of the Village Clerk and a copy thereof mailed to the applicant within five business days after the day such decision was rendered.

The concurring vote of a majority of the Board shall be required to reverse an interpretation, order, requirement, decision or determination of the Zoning Enforcement Officer, to grant a variance, or to render any other decision which the Board is empowered to make.

The posting of a Village-provided sign by the applicant for the specified proposal, as provided for herein, shall be required for the following types of applications:

One sign, two feet by two feet, shall be posted in a clearly visible manner in each front yard of the lot under consideration by the Board, not more than 20 feet from the street line.

The sign shall be provided by the Village to the applicant for installation at the project site. All costs associated with the installation, upkeep, removal and transportation of the sign shall be at the expense of the applicant. The applicant shall pay a deposit for each sign in an amount approximately equal to the cost of production of each sign. The deposit shall be refunded to the applicant upon the return of the sign to the Village in good condition.

The sign shall be installed the earlier of the following occurrences:

The County Planning Board shall have 30 days after receipt of such referral in which to report its recommendations to the Board of Trustees, Planning Board or Board of Appeals.

Failure of the County Planning Board to report within 30 days may be construed to be approval by said Board, if the County Planning Board disapproves the application proposal or recommends modification thereof, the board having jurisdiction shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members of the board and after adoption of a resolution setting forth the reasons for such contrary action. The County Planning Board shall be notified in writing regarding action taken by the board within 30 days following such action.

Where any action involving a Board of Trustees, Planning Board or Board of Appeals approval and authorization is determined to be subject to SEQR, and where an environmental assessment form, environmental impact statement, and related documentation, findings and declarations are required to comply with SEQR, the applicant shall prepare and submit such documentation on prescribed SEQR forms containing sufficient information on environmental impacts acceptable to the Board reviewing the application.

Notwithstanding any time periods for reviews and approvals prescribed by these regulations, such time periods shall not expire before completion of SEQR procedures and the receipt by the Board of comments, endorsements, approvals, permits, and other responses, if any, required from other public agencies having jurisdiction over any actions.

Every proposed amendment or change initiated by the Board of Trustees or by petition or application shall be referred to the Planning Board for a report and recommendations thereon before public hearing. If the Planning Board fails to submit such report and recommendation within 30 days after referral, or within an extended time period requested by the Planning Board and approved by Board of Trustees, the Board of Trustees may proceed to schedule a public hearing and act on the proposed amendment or change without such Planning Board report, subject to any referral to the Madison County Planning Board and other applicable requirements.

After a public hearing, a majority vote of the Board of Trustees shall be required to amend these regulations, except in the instance of a protest petition dealing with a zoning district classification or boundary as provided in § 7-708 of the Village Law.

It is found that any extremely dissimilar, unusual, incongruous, inharmonious or discordant exterior design treatment and appearance of new or altered buildings or other structures and site features in any neighborhood adversely affects the desirability of surrounding areas for residential, business and other uses, and, by so doing, impairs the benefits of existing occupancy and the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, reduces the attractiveness and value of property with attendant reduced maintenance deterioration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof, and imbalances a proper relationship between the taxable value of real property and the cost of mandated municipal services.

To prevent these and other harmful effects caused by the introduction of such building or site treatment and appearance in any neighborhood, the Planning Board shall conduct an architectural review of proposed construction, reconstruction or alteration of buildings and other structures and site features in the Village requiring issuance of a building permit.

The Planning Board shall review and evaluate building permit applications in terms of the reasonable compatibility, consistency and harmony of the height, scale, proportions, nature and quality of materials, colors and related architectural design characteristics of proposed new or altered buildings and other structures and related site development with the dominant and traditional architectural design characteristics of surrounding existing buildings and site features.

Such review and evaluation is not intended to and shall not dictate or encourage specific architectural designs. The intent shall be to discourage and prevent any design which appears to substantially disregard the characteristics of surrounding buildings and sites, including buildings and sites in an historic district or in transitional areas affecting an historic district, which may differ severely in scale and proportions from surrounding buildings or sites, or which may propose to use exterior materials and colors which are neither harmonious with surrounding buildings nor typical of a reasonable range of materials and colors normally employed for such construction, or which may introduce site elements which interrupt the established pattern of site treatment and settings, and which, if constructed as proposed, would be so out of character and detrimental to the desirability, stability, value, and benefit of surrounding building and site areas as to produce any of the harmful effects identified above and reasonably impair the general welfare of the community.

The Board may discuss and negotiate possible architectural and site design modifications with the applicant, with a view toward mitigating the design elements which the Board finds to be harmful.

The Board may approve with modifications, or disapprove any application for a building permit in terms of such architectural review. Any approval with modifications shall state the specific modifications which the Board requires to grant approval, and shall afford the applicant an opportunity to make such modifications in order to secure such approval. Any disapproval shall state reasons for such disapproval and identify the architectural and other design characteristics and features of the proposed building and site which are sufficiently dissimilar, inharmonious, inappropriate, or discordant in relation to surrounding buildings and sites, and the anticipated harmful effects of such characteristics, as to warrant disapproval.

The intent of site plan review and approval is to further promote the purposes of these regulations by reviewing and regulating all aspects of proposed use and development of land within the Village which relate to the health, safety and general welfare of the community. Such review and approval is designed to safeguard and maintain a clean, wholesome and attractive environment, ensure conservation, protection, and preservation of the Village's natural and man-made resources, and prevent any adverse impacts on such environment and resources which would be detrimental to the general welfare and to the continued development and economic stability or growth of the Village.

Site plan review is not intended to prohibit any land use activity which complies with these regulations and reasonably meets the review standards and criteria set forth herein.

New construction of individual one-family or two-family dwellings and accessory structures.

Reconstruction of or interior alterations to existing structures.

Exterior alterations or additions to existing structures which do not increase the total floor area of the structure by more than 25% and which do not involve any new street access or off-street parking expansion.

Any resumption of prior use and occupancy of a building which has been vacant for less than two years.

Planning Board site plan review procedures shall be conducted in accordance with Village Law § 7-725-a.

The Planning Board shall review all site plans as appropriate in terms of the following criteria:

Sketch development plan (optional).

Preliminary and final development plans.

Subdivision regulations. Nothing herein shall waive or reduce subdivision plat, plan and other information required under Chapter 155, Subdivision of Land, where land subdivision is proposed. Any proposed subdivision of land shall also be shown on the above sketch and site plans.

Based upon the above considerations, in order to approve a site plan for purposes of authorizing a building permit, the Planning Board shall make the following findings:

The Board may approve, approve with modifications, or disapprove any application for a building permit in terms of such site plan review. The Planning Board may elect to hold a public hearing as part of the site plan review process.

Any approval with modifications shall state the specific modifications which the Board requires to grant approval, and shall afford the applicant an opportunity to make such modifications in order to secure such approval. Any disapproval shall state reasons for such disapproval and identify the site plan characteristics and features which did not permit such findings and approval.

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 each 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.

General criteria. The Planning Board shall review all special uses on the basis of both architectural review and site plan review criteria and findings identified above, and shall also review and determine that the use as proposed on the specific lot location in the district will generally satisfy the following criteria:

If the Planning Board determines that a proposed change or modification to an existing special use is substantial, the Board shall hold a public hearing as if for a new special use. A change or modification shall be deemed substantial if the proposal significantly changes the use, design, character or potential impacts of the existing lot or structure.

The Planning Board may impose conditions on a special use in its issuance of a special permit which, in its opinion, are reasonable and necessary to promote the safety, health and general welfare of the community, including preservation of the general character of the neighborhood in which the use is located. By way of illustration and not limitation, such a condition could restrict the hours of operation of any special use.

The Board of Trustees hereby finds and determines that in order to protect and safeguard the Village of Cazenovia, its residents and their property with respect to certain land developments and projects within the Village, all buildings and related improvements, highways, drainage facilities, utilities and parks within developments and projects should be designed and constructed in a competent and workmanlike manner and in conformity with all applicable governmental laws, codes, rules and regulations and should be dedicated and conveyed to the Village in a legally sufficient manner. To assure the foregoing, it is essential for the Village to have and to retain competent engineers and other professional consultants to review and approve plans and designs, make recommendations to the Village Board, Planning Board and Zoning Board of Appeals, inspect the construction of highways, drainage facilities, utilities and parks to be dedicated to the Village and to recommend their acceptance by the Village and for the Village to have and retain competent attorneys to assist in the application review process, to negotiate and draft appropriate agreements with developers, to obtain, review and approve necessary securities, insurance and other legal documents, to review proposed deeds and easements to assure that the Village is obtaining good and proper title, to render legal opinions and to generally represent the Village with respect to any legal disputes and issues which may arise regarding such developments and projects. The cost of retaining such competent engineers, attorneys and other professional consultants should ultimately be paid by those who seek to benefit from such developments and projects, including variances, subdivision approvals, site plan approvals, special permits or uses rather than by general Village funds which are raised by assessments and/or general taxes paid by taxpayers of the Village.

This chapter and section are enacted under the authority of Municipal Home Rule Law § 10, Subdivision 1(ii)(a)(12) and (d)(3), and the Municipal Home Rule Law § 22. To the extent that Village Law §§ 7-718, 7-725-a, 7-725-b, 7-728, 7-730, 7-732, 7-712, 7-712-a, and 7-712-b do not authorize the Village Board, Village Planning Board and/or the Village Zoning Board of Appeals to require reimbursement to the Village of legal, engineering and other professional consulting fees, expenses and costs incurred by the Village in connection with the review and consideration of applications for subdivision approval, for the approval, amendment or extension of a district and/or for the review and consideration of applications for approval of variances, site plans and/or special permits under the Village's Zoning Code, it is the expressed intent of the Board of Trustees to change and supersede such statutes. More particularly, to the extent that such statutes do not authorize the deferral or withholding of such consideration, review, acceptance or approvals in the event that such fees, expenses and costs are not paid to the Village, it is the expressed intent of the Village Board to change and supersede Village Law §§ 7-718, 7-725-a, 7-725-b, 7-728, 7-730, 7-732, 7-712, 7-712-a, and 7-712-b to empower the Village to require such payment as a condition to such consideration, review, acceptance or approvals.

Subdivisions.

Variances, site plan approvals, certificates of compatibility, special permits and zoning amendments. An applicant or developer making application for the approval of a site plan, certificates of compatibility, or a special permit or seeking approval of an application for a variance or amendment of the Zoning Code and/or Zoning Map, shall reimburse the Village for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Village in connection with the review and consideration of such application.

Simultaneously with the filing of an application for approval of a development or the filing of an application for approval of a variance, site plan approval, certificates of compatibility, special permit or an amendment to the Zoning Code and/or Zoning Map, the applicant or developer, as the case may be, shall deposit with the Village Treasurer a sum of money, as determined in accordance with the schedule of deposits fixed by the Village Board pursuant to this chapter, which sum shall be used to pay the reasonable and necessary fees, expenses and costs incurred by the Village for legal, engineering and other professional consulting services as described herein.

Upon receipt of such sums, the Treasurer shall cause such monies to be placed in a separate non-interest-bearing account in the name of the Village and shall keep or cause to be kept a separate record of all such monies so deposited and the name of the applicant or developer and the application and development for which such sums were deposited.

Upon receipt and approval by the Treasurer of itemized vouchers from an attorney, engineer and/or other professional consultant for services rendered on behalf of the Village pertaining to the development or the application for a variance, site plan approval or special permit, the Treasurer shall cause such vouchers to be paid out of the monies so deposited and shall debit the separate record of such account accordingly. The Treasurer shall furnish copies of such vouchers to the applicant or developer upon request.

The Treasurer, on behalf of the Village and subject to audit and review by the Village Board, shall review and audit all such vouchers and shall approve payment of only such legal, engineering, and/or other professional consulting fees, expenses and costs as are reasonable in amount and necessarily incurred by the Village in connection with the review, consideration and approval of developments, the inspection and acceptance of highways, drainage facilities, utilities and parks within or in conjunction with such developments, and the review, consideration and approval of applications for variances, site plan approval, special permits and amendments to the Zoning Code and/or Zoning Map. For purposes of the foregoing, a fee or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by engineers or attorneys to the Village for services performed in connection with approval or construction of a similar development or project, and in this regard the Village may take into consideration the size, type, value and number of buildings to be constructed, the amount of time to complete the development or project, the topography of the land on which such development is located, soil conditions, surface water, drainage conditions, the nature and extent of highways, drainage facilities, utilities and parks to be constructed and any special conditions or considerations the Village may deem relevant. For purposes of the foregoing, a fee, expense or cost, or part thereof is necessarily incurred if it was charged by the attorney, engineer or other professional consultant for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Village, protect public or private property from damage from uncontrolled surface water runoff and other factors, to assure the proper and timely construction of highways, drainage facilities, utilities and parks and otherwise to protect the legal interests of the Village, including receipt by the Village of good and proper title to dedicated highways and other facilities and the avoidance of claims and liability and such other interests as the Village may deem relevant or to assure the proper and timely review and consideration of an application for a variance, site plan approval or a special permit.

If at any time during or after the processing of such application or the construction, inspection or acceptance of buildings, highways, drainage facilities, utilities or parks or during or after the processing of an application for a variance, site plan approval, certificate of compatibility, or special permit there shall be insufficient monies on hand to the credit of such applicant or developer to pay the approved vouchers in full, or if it shall reasonably appear to the Treasurer that such monies will be insufficient to meet vouchers yet to be submitted, the Treasurer shall cause the applicant or developer to deposit additional sums as the Treasurer deems reasonably necessary or advisable in order to meet such fees, expenses and costs or anticipated fees, expenses and costs.

In the event that the applicant or developer fails to deposit such funds or such additional funds, the Treasurer shall notify the Village Board and, as applicable, the Chair of the Planning Board, the Chair of the Zoning Appeals Board, and the Village's Zoning and Code Enforcement Officer of such failure, and any review, approval, building permit or certificates of occupancy shall be withheld by the appropriate board, officer or employee of the Village until such monies are deposited.

After final approval, acceptance and/or the issuance of a certificate of occupancy relating to any specific development, or any requested variance, site plan approval or special permit and/or amendment to the Zoning Code and/or Zoning Map, and after payment of all approved vouchers submitted regarding such development or application, any sums remaining on account to the credit of such applicant or developer shall be returned to such applicant or developer, along with a statement of the vouchers so paid.

Construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof or use any land in violation of any provision of this chapter.

Fail to comply with a written stop-work order or any other notice, directive or order of the Code Enforcement Officer or the Zoning Enforcement Officer.

Construct, alter or use and occupy any building or other structure, or portion thereof, or use any land in a manner not authorized by a building permit issued in accordance with site and building and other documents approved with applicable findings by the Board of Trustees, Planning Board and/or Board of Appeals as required by any provision of this chapter.

Any person, firm, corporation, or other party or entity, whether owner, tenant, builder, or contractor working on a subject lot or facility, who violates any provision of this chapter shall be considered guilty jointly and/or severally of an offense against the health, safety, and welfare of the residents of the Village. The owner(s) of property upon which a violation of this chapter has occurred or is occurring shall be deemed vicariously liable for any such violation.

Each and every day that any violation of any provision of this chapter continues shall constitute a separate violation.

Civil fee.

Criminal penalty.