Application file. An individual permanent file for each application for a permit or certificate provided for herein shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents and plans; notations regarding pertinent dates and fees; one copy of any resolutions or actions of the Village Board, Planning Board or Zoning Board of Appeals in acting on the application; and the date the permit or certificate applied for was issued or denied.

Monthly report. The Zoning Officer shall prepare a monthly report for the Village Board. Said report shall cite all actions taken by the Zoning Officer, including all referrals made by him/her; all permits and certificates issued and denied; all complaints of violation received and all violations found by him/her and the action taken by him/her consequent thereon; and the time spent and mileage used. A copy of this monthly report shall also be transmitted by the Zoning Officer to the Town Tax Assessor, Planning Board and Board of Appeals at the same time it is transmitted to the Village Board.

The Zoning Officer is hereby empowered under the procedures and requirements specified herein to issue a zoning permit for any plans regarding the construction or alteration or demolition of any building or part of any building or the change in the use of any land area or part thereof or for the change in use of any existing building, where he/she shall determine that such plans are not in violation of the provisions of this chapter.

No development activities shall commence, nor shall any building or structure be erected, moved, added to or structurally altered or changed in use, nor shall any land area or part thereof be changed in use without a zoning permit therefor issued by the Zoning Officer. No zoning permit shall be issued by the Zoning Officer except in conformity with the provisions of this chapter, unless he/she receives a written order from the Board of Appeals in the form of an administrative review or variance as provided by this chapter.

Where the proposed use is for the construction of a new single-family dwelling, the expansion or structural alteration of an existing single-family dwelling or the erection of an accessory use or structure in a residential district, the Zoning Officer shall carefully consider the application for compliance with this chapter and may either issue or deny the permit applied for within 30 days after receipt of a complete application and determination of environmental significance. In the event of disapproval, the reasons shall be stated clearly, in writing. The Zoning Officer shall deny a zoning permit until such conditions as the disapproval are based upon have been corrected.

When the application is for any other permitted use other than those specified in the preceding subsection, the Zoning Officer shall, prior to the issuance of any permit, refer a copy of the zoning permit application, environmental assessment and site plan to the Planning Board for site plan approval in accordance with the procedures specified below.

The Zoning Officer shall also transmit a copy of the complete application, environmental assessment and site plan to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law. This transmission shall be made concurrent with the referral of the application to the Planning Board.

All zoning permit applications shall be reviewed to determine that the proposed site plan is consistent with the goals and objectives of the Cuba Village Plan; that the proposed improvements are sufficient to adequately serve the proposed use; that adjacent properties are protected from potential negative impacts; and that potential adverse environmental impacts are identified and appropriate mitigation measures have been proposed.

The Planning Board shall carefully consider the proposed development or construction and make a decision to approve, approve with conditions or deny the proposed application within 45 days after the receipt of a complete application from the Zoning Officer. The Planning Board may not act within the first 30 days, however, unless a report, if applicable, is received from the County Planning Board. In approving said application, the Board may impose any conditions it determines to be in the best interests of the Village and sound land use planning. Any decisions of the Planning Board shall be in writing, and shall be transmitted directly to the applicant.

Prior to taking action on the application, the Planning Board may conduct a public hearing on the proposal. If a public hearing is considered desirable, such public hearing shall be conducted within 45 days of the receipt of the complete application and shall be duly advertised in the official newspaper of the Village. If a public hearing is held on an application, the time period within which the Planning Board shall act on the proposal shall be extended up to a maximum of 30 days following the date of the public hearing.

If the Planning Board does not act on an application within 45 days of the receipt of a complete application from the Zoning Officer or within 30 days following a public hearing on an application, the application shall be approved and the Zoning Officer shall issue the permit.

The period of time available for the Planning Board to act on an application may be extended by mutual agreement of the applicant and the Planning Board.

Each application for a zoning permit which is dependent upon site plan approval by the Planning Board shall initially be made to the Zoning Officer. The Zoning Officer shall determine the application's completeness. Upon the Zoning Officer's acceptance of a complete site plan application, the Zoning Officer shall prepare a written response to the applicant containing the following information:

In the event that a site plan identifies the potential need for dimensional variances, an application may be made to the Board of Appeals for an area variance without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. The Planning Board shall convey its opinion to the Board of Appeals on the requested variances. Once variances have been granted, the applicant may proceed for site plan approval. If the variances are denied, the applicant may submit a revised site plan complying with the dimensional requirements of the zoning district.

The Planning Board shall, for each site plan application, determine whether a public hearing would serve a community benefit. If the Planning Board determines that a public hearing shall be held, the process for site plan approval, including the timetables for making decisions, shall coincide with that set forth in § 200-13A above.

The Zoning Officer shall transmit one copy of all approved and denied applications to the Planning Board and one copy of all approved applications to the Town Tax Assessor.

Expiration of site plan approval. Site plan approval shall automatically terminate one year after the same is granted, unless work on the site has been completed.

Reimbursable costs. Costs incurred by the Village for consultation fees or other extraordinary expenses associated with the review of a proposed site plan shall be charged to the applicant in accordance with the fee schedule specified in the application documents.

Performance guaranty. No building permit shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty, approved by the Village Board, has been posted for improvements. The sufficiency of such performance guaranty shall be determined by the Village Board after consultation with the Zoning Officer, Village Engineer, Planning Board and Village Attorney.

Inspection of improvements and development. The Zoning Officer shall be responsible for the overall inspection of site improvements, including coordination with the Village Engineer and other officials and agencies, as appropriate. No certificate of compliance shall be granted prior to a final inspection and determination of conformity to the site plan and the New York State Uniform Code.

Integration of site plan approval procedure with other Planning Board approvals. Whenever the particular circumstances of a proposed development require compliance with either the special use permit procedure or the requirements of the Village's land subdivision regulations, if such exists, 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 compliances. In any case, the applicant shall obtain all state permits and local land use control approvals prior to the Village issuing a building permit for a development project.

Conflicts. This section shall apply if any conflicts arise between this site development plan review procedure and other land use controls of the Village.

Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article X, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.

A special use permit shall authorize only one particular special use. The special use permit shall expire if the use shall cease for more than one year for any reason.

No person shall be issued a special use permit for a property where there is an existing violation of this chapter.

Before any special use permit shall be issued, the Planning Board shall make written findings certifying compliance with the specific rules governing individual special permit uses and that satisfactory provision and arrangement has been made relative to the following additional concerns:

All applications for special use permits shall be made in quadruplicate on forms provided by the Zoning Officer.

The Zoning Officer, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Planning Board for approval in accordance with the procedures specified below.

The Zoning Officer shall transmit a copy of the complete application and supporting documents to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law.

The application shall include a site development plan of the special permit use and subject parcel drawn to scale, which includes all of the data specified in § 200-14 of this chapter.

Prior to taking action on an application for a special use, the Planning Board shall conduct a public hearing on the proposed request. Said hearing shall be conducted within 45 days following the receipt of a complete application and supporting documents from the Zoning Officer. The Planning Board shall, by resolution, approve, approve with conditions or disapprove the application so heard within 30 days from the date of such public hearing. The thirty-day period may be extended by mutual agreement of the applicant and the Planning Board.

If the application was transmitted to the County Planning Board under Article 12-B, § 239-m, of the General Municipal Law, the Planning Board cannot act within the first 30 days following the referral of the application to the County Planning Board unless said Board provides a written reply to the Village within the thirty-day period.

In approving an application, the Planning Board may impose any modifications or conditions it deems necessary to conform with the goals and objectives of the Cuba Village Plan and its principles of land use and development and to protect the health, safety or general welfare of the public.

If an application is approved by the Planning Board, the Zoning Officer shall be furnished with a copy of the approving resolution of the Planning Board and shall issue the permit in accordance with the conditions imposed by the Board.

If an application is disapproved by the Planning Board, the reasons for such denial shall be set forth in the Board resolution, and a copy of such resolution shall be transmitted to the Zoning Officer. The Zoning Officer shall deny the application and provide the applicant with a copy of the Board's reasons for disapproval.

The Zoning Officer shall inspect the premises of a use authorized and approved with a special use permit not less than one time each calendar year. The inspection shall determine that the use is being operated consistent with the terms and conditions established by the Planning Board in approving the permit. If the Zoning Officer shall determine that the conditions are not in compliance with the permit, the Zoning Officer shall nullify the special use permit and set forth the procedures and requirements for reestablishing the use. The use may not be operated until a new application is submitted and approved.

All applications for temporary use permits shall be made in quadruplicate to the Zoning Officer on forms provided by him/her.

The Zoning Officer, after determining that an application is in proper form, shall transmit copies of the application to the Board of Appeals for review and approval.

The application shall include a statement by the applicant which specifies the nature of the proposed use and the length of time for which the temporary use is to be authorized.

The Board of Appeals may seek the advisory opinion of the Planning Board or the Village Engineer as well as the opinions of other agencies, organizations or individuals prior to making a decision on the request.

The Board of Appeals may schedule a public hearing to invite public comment if it determines that the public interest would be served by such a hearing on the application.

The Board of Appeals shall approve or deny the application within 45 days of the receipt of a complete application. In approving the request, the Board of Appeals shall set the maximum length of time for the authorization of such use. Further, the Board of Appeals may impose any conditions or restrictions on the applicant that is deemed to be in the best interests of the Village.

The Zoning Officer, acting on written direction of the Board of Appeals, shall either issue or deny the permit.

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Zoning Officer stating that the proposed use of the building or land conforms to the requirements of this chapter.

Failure to obtain a certificate of compliance shall be a violation of this chapter and punishable as provided by Article XIII.

Within seven days after the completion of the change in use of a building or parcel of land, the applicant shall so notify the Zoning Officer by certified mail stating that such action has been completed in compliance with this chapter. The applicant shall provide the Zoning Officer with suitable evidence to document compliance. This evidence shall be in the form of an instrument survey, tape location map or comparable documentation. Within seven days of the receipt of this letter, the Zoning Officer shall conduct a final inspection of the premises to determine whether the new use complies with the requirements of this chapter. If the Zoning Officer determines that said building or use complies with the provisions herein, he/she shall issue a certificate of compliance. If it is determined that the provisions specified herein are not fully complied with, the Zoning Officer shall specify the violations and the terms and conditions for remedying these violations. A certificate of compliance shall not be issued until such violations are corrected.

No nonconforming building or use shall be maintained, renewed, changed or extended without a certificate of compliance having first been issued by the Zoning Officer. The certificate of compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter.