Central Square City Zoning Code
ARTICLE IV
Administration and Enforcement
§ 250-30 Authority of Code Enforcement Officer.
The Code Enforcement Officer shall administer and enforce the provisions of this chapter. The Code Enforcement Officer shall have exclusive authority to grant building and use permits, subject to such procedure and appeal action as are hereinafter provided.
§ 250-31 Building permit required.
No building or structure in the Village of Central Square shall be erected, relocated, altered, reconstructed, extended or enlarged and no premises shall be used or occupied for any purpose without a permit issued therefor by the Code Enforcement Officer in accordance with the provisions of this chapter and Chapter 229, Uniform Code Enforcement, of this Municipal Code.
§ 250-32 Term of permits.
No permit issued by the Code Enforcement Officer, whether by authority of the Board of Appeals or pursuant to powers vested in him or her by law, shall be effective after six months from its date of issuance unless within such period the work permitted shall have been commenced and continuously pursued to completion.
§ 250-33 Site plan review.
A.
Purpose and scope.
(1)
The purpose of the site plan review procedure is to allow the Planning Board to attach reasonable safeguards and conditions to those uses which might otherwise cause deleterious effects on the environment, neighborhood character, or the Village residents' health, safety and welfare. Furthermore, it is the purpose of the site plan review procedure to authorize the Planning Board to disapprove a plan for any use, the deleterious effects of which cannot be mitigated because of the site it is to occupy.
(2)
In addition to the regulations which apply to the permitted uses in each district, site plan review uses shall be controlled by the regulations in this section. In the event of conflicting regulations, the regulations in this section shall apply to site plan review uses.
(3)
Wherever site plan review is required in this chapter, no permit shall be issued for any use until it has been granted site plan approval by the Planning Board.
(4)
The Planning Board shall review and approve, approve with conditions, or disapprove site plan review applications for all uses which require site plan review under this chapter.
B.
Applicability.
(1)
Site plan required. Any person, firm or corporation, before starting the development of any new land use, or any change in the use or occupancy of an existing premises within the commercial or industrial districts of the Village, shall submit a site plan together with any supporting data for review and approval in accordance with the standards and procedures set forth in this section. No permit shall be issued by the Code Enforcement Officer except upon authorization by and in conformity with an approved site plan.
(2)
Land use exempted from site plan review.
(a)
Agricultural structures.
(b)
Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this section.
(c)
Ordinary repair or maintenance of existing structures or uses.
(d)
Exterior alterations or additions to existing structures which would not increase the square footage more than 10%.
(e)
Any interior alteration of an existing structure where the existing use is retained.
(3)
Existing uses and structures. This section shall not apply to uses and structures lawfully in existence as of the date this section becomes effective. Any use which would otherwise be subject to this section that has been discontinued for a period of one year or more shall be subject to review pursuant to the terms of this section before such use is resumed. Any use or structure shall be considered to be in existence provided the same has been commenced as of the effective date of this section and fully constructed and completed within one year from the effective date of this section.
C.
Application for site plan review. All applications for site plan review shall be submitted to the Planning Board on forms provided by the Village Clerk.
(1)
Presubmission conference. If the applicant so requests, a presubmission conference between the Planning Board and the applicant may be held to review the proposed development in light of existing conditions and generally to determine the information to be required on the site plan. At the conference the applicant shall provide a statement and a rough sketch describing what is proposed and showing the location of the tract in relation to the surrounding area.
(2)
Application requirements. The Planning Board may require at the presubmission conference that any or all of the following elements be included in the site plan review application. If no presubmission conference is held, then all of the following elements shall be included in the site plan review application:
(a)
Name and address of applicant, name of owner, if different, and contractual relationship between the owner and applicant;
(b)
Site map(s) bearing date, North point, written and graphic scale of one inch equals 50 feet or larger, title and name of the registered design professional responsible for preparation of such drawings;
(c)
Boundaries of the area plotted to scale, including distances, bearings and areas;
(d)
Location and ownership of all adjacent lands shown on the latest tax records;
(e)
Location, name and existing width and right-of-way of adjacent streets;
(f)
Location, width and purpose of the following: existing and proposed easements, setbacks, reservations and areas dedicated to public use and/or adjoining the property;
(g)
Location, size and design of the following: existing and proposed buildings, driveways including ingress and egress points with proposed road widths, parking areas, outdoor storage, sidewalks or pedestrian paths, drainage facilities, water facilities, sewage facilities, signs, outdoor lighting and landscaping or screening;
(h)
Plans for controlling soil erosion and sedimentation during the development;
(i)
Plans for grading and drainage showing existing and proposed contours of five-foot intervals;
(j)
Locations of existing and proposed landscaping, plantings, and screenings, including identification of botanical species, and the design and treatment of open areas, buffer areas and screening devices, including dimension of all areas devoted to lawns, trees and other landscaping devices, developed by a registered design professional;
(k)
Designation of the amount of gross floor area and gross leasable area proposed for each nonresidential use;
(l)
All required State Environmental Quality Review (SEQRA) forms;
(m)
Other elements integral to the proposed development as considered necessary by the Planning Board for identification of any federal, state or county permits required for the project's execution;
(n)
Location and design of any structures, facilities and processes that potentially impact on the quality of ambient air, the quantity of the impact and the mitigating measures that will be taken to reduce the adverse impacts on the quality of the ambient air;
(o)
Listing of all hazardous materials to be used in any processes or as cleaning agents in bulk quantities that would require material data safety sheets and the anticipated amount to be kept on premises.
(3)
Once a completed application has been formally received by the Planning Board, and upon completion of the State Environmental Review process, the Board shall have 124 days to review and approve, approve with conditions or disapprove the proposal unless extended by mutual consent of the applicant and the Planning Board.
(4)
Within 62 days of the date the Planning Board has received the completed application, a public hearing shall be held on the proposal to entertain public comment. Notice of such hearing shall be published in the official newspaper at least five days prior to the date thereof and notice of said hearing shall be mailed to the applicant at least 10 days prior to the date of the hearing.
(5)
The final decision by the Planning Board must be made within 62 days following the public hearing, in writing, specifying any conditions that may be attached to an approval, the reasons that the Planning Board approved or denied the proposal and the motions and vote by the Planning Board members. All such decisions shall be led in the office of the Village Clerk and a copy mailed to the applicant.
(6)
An approved site plan is valid for a period of one year. Applicants are required to resubmit site plan applications for review after the one-year deadline unless significant progress has been made on the development's site.
D.
General review criteria. The Planning Board's review of the site plan review shall include, where appropriate, the following considerations:
(1)
Status of any federal, state or county permits required;
(2)
Environmental (including physical, social and economic factors) impact on the community and adjacent areas;
(3)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs;
(4)
Adequacy and arrangement of vehicular traffic and access and circulation, including intersections, street widths, pavement surfaces, dividers and traffic controls;
(5)
Location, arrangement, appearance and adequacy of off-street parking;
(6)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, and overall pedestrian convenience;
(7)
Adequacy of stormwater and drainage facilities; and
(8)
Adequacy of water supply and sewage facilities.
E.
Required fee and reimbursable costs.
(1)
An application for site plan review shall be accompanied by the appropriate fee established by the Board of Trustees.
(2)
The cost incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant and a deposit to cover the estimated cost shall be required. In the event the deposit exceeds the actual consultation fees or other expenses, the excess shall be returned upon application of the applicant within 30 days after final decision of the Planning Board. In case the deposit is not sufficient to cover all fees or expenses, the applicant shall be required to pay the additional amount before a building permit shall be issued.
F.
Expiration. Any approval of a site plan shall expire unless work authorized by such site plan approval has substantially commenced within 12 months of the date of such site plan approval by the Planning Board, except the Planning Board, for good cause shown, may extend the approval for a period not exceeding six additional months.
§ 250-34 Special permits.
B.
Applicability. All uses designated as requiring a special permit shall have such special permit and site plan approved by the Planning Board prior to the issuance of a building permit by the Code Enforcement Officer. Upon transfer of ownership of a property for which a special use permit and site plan have been approved, a new application for a special use permit and site plan review shall not be required unless there is a change in or expansion of the use for which the original special use permit was granted, or a change in the original site plan as approved.
C.
Planning Board procedure:
(1)
In considering and acting upon the special permit application, the Planning Board shall consider the public health, safety, welfare and comfort and convenience of the public in general, any residents of the proposed developments and the residents of the immediate surrounding area.
(2)
The Planning Board may prescribe conditions and safeguards as may be required to protect to the maximum extent possible, further the accomplishment of the following objectives:
(a)
Compatibility: that the proposed use is of a character compatible with the surrounding neighborhood and in harmony with the Comprehensive Plan for the Village.
(b)
Public facilities: that the public facilities to service the proposed use, including water supply, sewage disposal, drainage facilities and road facilities, and any other utilities and public services are adequate for the intended level of use.
(3)
Within 62 days of the receipt of the completed application, the Planning Board shall hold a public hearing upon the application. A notice of such public hearing shall be published as required in Village Law § 7-725-b.
(4)
The Planning Board shall within 62 days of the close of the public hearing make a determination to approve, approve with conditions or disapprove such application. Any conditions which the Planning Board may impose shall be written in full on the special permit and shall be entered the minutes of the Planning Board.
(5)
An applicant shall make application to the Code Enforcement Officer for a special permit permitted in Article II or Article III of this chapter and shall submit a site plan in accordance with the requirements of § 250-33 of this chapter. The Code Enforcement Officer shall refer such application to the Planning Board who shall review the application for special permit and site plan concurrently and shall hold a public hearing within 62 days of receipt of a completed application.
D.
Existing violations; bar to special permit. No special permit shall be issued for a special use for a property where there is an existing violation of this chapter.
E.
Expiration of special permit. A special permit is not transferable and shall authorize only one special use and shall expire if the special use ceases for more than three months for any reason. A special permit, if granted, shall expire one year after it is issued if the proposed use is not started by the applicant.
§ 250-35 Board of Appeals.
A.
Creation and membership.
(1)
A Board of Appeals is hereby created pursuant to § 7-712 of the Village Law. The Board of Appeals shall consist of five members.
(2)
In the event of absence, disqualification or conflict of interest of three or more members of the Board of Appeals and the failure to obtain a quorum, the Mayor, subject to the approval of the Board of Trustees, shall appoint such number of persons as are necessary to constitute a five-member board.
(3)
The power to appoint as provided herein shall be on an ad hoc basis and shall not be construed as the filling of a permanent vacancy or for any other purpose.
B.
Powers and duties. The Board of Appeals shall have all of the powers and duties as set forth in the Village Law.
(1)
Applications. The Board of Appeals shall have the power to hear and decide, in accordance with the provisions of this chapter, all applications hereinbefore specified upon which the Board of Appeals is authorized to pass.
(2)
Appeals. In case it is alleged by an appellant that there is error or misinterpretation in any order, requirement, decision, grant, or refusal made by an administrative official having authority to issue permits in the carrying out or the enforcement of the provisions of this chapter, an appeal may be filed, and a decision shall be made by the Board of Appeals in the manner hereinafter prescribed.
(3)
Variances.
(a)
The Board of Appeals shall have the power, in accordance with § 7-712-b of the New York Village Law, in passing upon appeals to vary or modify the application of any of the regulations or provisions of this chapter relating to use, except for uses prohibited, construction or alteration of buildings or structures or the use of land so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
(b)
In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable to protect the zoning district and promote the General Plan.
(4)
Interpretations. The Board of Appeals shall upon proper request to interpret any provision of this chapter about which there is uncertainty, lack of understanding or misunderstanding, ambiguity, or disagreement, and shall determine the exact location of any zoning district boundary about which there may be uncertainty or disagreement.
C.
Training and attendance requirements. All provisions of Village Law § 7-712, Subdivision 7-a, relating to Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards shall also apply to members or alternate members of the Board of Appeals.
§ 250-36 Planning Board.
A.
The Planning Board of the Village of Central Square has an important role in shaping the future development of the Village of Central Square. Decreasing the number of Planning Board members from seven to five will further assist and strengthen the planning process.
B.
Pursuant to Village Law § 7-718, the membership of the Village of Central Square Planning Board shall hereby be decreased from seven members to five members.
C.
Pursuant to Village Law § 7-718, an alternate member of the Planning Board is established by appointment by the Mayor, subject to the approval of the Board of Trustees, for a term of no more than five years.
D.
The Chairperson of the Planning Board may designate an alternate member to substitute for a member when such member is unable to participate because of illness, absence, or a conflict of interest on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made.
E.
All provisions of Village Law § 7-718 relating to Planning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards shall also apply to members and alternate members of the Planning Board.
§ 250-37 Applications and appeals to Board of Appeals.
A.
Filing applications. An application to the Board of Appeals in cases in which it has original jurisdiction under the provisions of this chapter may be taken by any property owner or tenant or by any officer of the Village. Such application shall be led with the Code Enforcement Officer, who shall transmit the same, together with all the plans, specifications and other papers pertaining to the application, to the Board of Appeals. Any such application, except by the Village, shall be accompanied by a filing fee established by the Board of Trustees.
B.
Filing appeal.
(1)
An appeal to the Board of Appeals from any ruling of an officer of the Village administering any portion of this chapter may be taken by any property owner or tenant or by any officer of the Village affected. Such appeal shall be filed within 30 days from the date of such ruling.
(2)
Appeals to the Board of Appeals shall be taken by filing with the officer from whose action the appeal is taken, and with the Board of Appeals, a notice of appeal specifying the grounds therefor. Any such appeal, except by the Village, shall be accompanied by a filing fee established by the Board of Trustees.
(3)
All appeals and applications shall be in writing on forms prescribed by the Board of Appeals. Every appeal or application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted.
C.
Notice of hearing. When an application or appeal has been filed in proper form with the required data, the Secretary of the Board of Appeals shall immediately place said application or appeal upon the calendar for the hearing and at once cause notices stating the time, place and object of the hearing to be published once in the official newspaper 10 days prior to the hearing date and notify by registered or certified mail all parties concerned with such application or appeal, including the adjacent property owners and property owners directly opposite such property in question.
D.
Decision. The Board of Appeals shall decide each application or appeal within 62 days after the final hearing thereon.
§ 250-38 Effect on previous rights and liabilities.
The text of the Zoning Law and Zoning Map of the Village of Central Square enacted by the Village Board on March 7, 1983, and as amended, are hereby reenacted and amended in their entirety as set forth herein, superseding all previous enactments and amendments, and, from their taking effect, all such previous enactments and amendments thereto shall be repealed. Such repeal shall not affect or impact any act, liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be employed, asserted, enforced or prosecuted as fully and to the same extent as if such repeal had not been affected. Such repeal shall not affect or impact or vacating or annulling any rights obtained by any person, firm or corporation by lawful previous action; variance; or special permit of the Village of Central Square.