Geneseo Town, NY Zoning Ordinance

Geneseo Town City Zoning Code

PART 5

Review and Approval Procedures

§ 106-50.1 Applicability.

The provisions of this article apply to all the articles in this Part (Part 5) unless otherwise expressly stated.

§ 106-50.2 Application submittal.

Form of application. Applications required under this Zoning Law must be submitted in a form and in such numbers as outlined. The Town Office may develop checklists of application submittal requirements and make those checklists available to the public. Application forms and checklists of required submittal information may be available in the Town Office.

Completeness and accuracy.

(1)

Applications submitted to the Town Office shall include at least eight copies of required materials and maps as well as one electronic version of all materials and maps unless otherwise waived by the reviewing board.

(2)

The Code Enforcement Officer shall indicate that an application is considered complete and ready for processing only if it is submitted in the required number and form, includes all required information, and is accompanied by the required filing fee.

(3)

A complete application declaration by the Code Enforcement Officer in no way shall be interpreted to include a determination of the adequacy or accuracy of application materials, but rather serves as an acknowledgement to the full submission of all initially required application materials. The Code Enforcement Officer may consult with other agents of the Town Office, Planning Board, or Town Board in making such a determination.

(4)

If an application is determined to be incomplete, the Code Enforcement Officer must provide paper or electronic written notice to the applicant along with an explanation of all known deficiencies in the application that will prevent competent review of the application. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 62 days, the application will be considered withdrawn.

(5)

No further processing of incomplete applications will occur; any incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next available processing cycle.

(6)

The Town Office may require that applications or plans be revised before being placed on the agenda of a review or decision-making body if it is determined that:

(a)

The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with Zoning Law standards; or

(b)

The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with Zoning Law standards.

Application sufficiency and acceptance. Applications deemed complete will be considered to be in the processing cycle and will be reviewed by the Code Enforcement Officer and other review and decision-making bodies in accordance with applicable review and approval procedures of this Zoning Law.

Application filing fees.

(1)

Application filing fees are required for processing permits and applications by the Code Enforcement Officer, Town Board, Planning Board, and Zoning Board of Appeals.

(2)

The amount of the initial fees for the various applications covered by this article shall be established from time to time by resolution of the Town Board. Said schedule shall remain in effect and shall apply to all applicants until amended or revised by subsequent resolution. Said fee schedule shall be kept on file at the Town Office.

(3)

Fees shall be paid to the Town Clerk.

(4)

The payment of fees is not required with applications initiated by the Town Board, Planning Board, or Zoning Board of Appeals.

(5)

If the application for a building permit and/or certificate of occupancy is denied, that portion of the fee in excess of the minimum shall be refunded to the applicant. All other application fees are nonrefundable.

Unresolved violations. Applications shall not be accepted for review that include a parcel(s) for which there is an outstanding, unresolved written violation from the Code Enforcement Officer that is not the subject of said application.

§ 106-50.3 Public hearing process.

Application processing cycles. The Town Office, after consulting with review and decision-making bodies, shall promulgate processing cycles for applications. Processing cycles may establish:

(1)

Deadlines for receipt of complete applications;

(2)

Dates of regular meetings;

(3)

The scheduling of agency and staff reviews and reports; and

(4)

Time frames for review and decision-making.

Public hearings.

(1)

Parties in interest and citizens shall be given an opportunity to appear and be heard at required public hearings, subject to reasonable rules of procedure.

(2)

A public hearing for which proper notice was given may be continued to a later date without providing additional notice as long as the continuance is set for specified date and time and that date and time is announced at the time of the continuance.

(3)

If a public hearing is tabled, deferred or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public notice must be given before the rescheduled public hearing. If the applicant requests a postponement, the applicant must pay all costs of renotification.

Public hearing notices.

(1)

Newspaper notice. Whenever the provisions of this chapter and NYS Town Law require that newspaper notice be provided, the notice must be published at least five days in advance of such hearing in a newspaper of general circulation within the Town.

(2)

Mailed notice.

(a)

Whenever the provisions of this chapter and NYS Town Law require that notices be mailed, the notices must be sent by United States Postal Service first-class mail at least 10 days in advance of such hearing.

(b)

Addresses must be based on the latest property ownership information available from the Real Property Assessment Records. When required notices have been properly addressed and deposited in the United States mail, failure of a party to receive such notice will not be grounds to invalidate any action taken.

(c)

In the case of an application to the Zoning Board of Appeals, the appellant shall, at his own expense, mail notice of such hearing by certified mail, return receipt requested, to all property owners situated within 500 feet of the appellant's boundaries. The Board of Appeals, upon a showing of good cause, may waive the aforementioned mailing requirement, provided that the applicant establishes that a neighboring property within 500 feet of the applicant's boundary is situated a substantial distance from the proposed use or structure so as not to be directly impacted by it. In no case shall said mailing requirement be waived when a neighboring property is situated within 500 feet of the proposed use or structure regardless of the location of the applicant's boundary.

(3)

Posted notice. When the provisions of this chapter and NYS Town Law require that posted notice be provided, at least one notice sign must be posted on each public street frontage abutting the subject property in a location plainly visible to passers-by at least five days in advance of such hearing. A posted notice shall be exempt from including items (b) and (c) under Subsection C(4), provided a Town Office contact is listed where additional information on the matter can be obtained.

(4)

Content of notice. All required public hearing notices must:

(a)

Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;

(b)

Describe any property involved in the application by street address or by general description;

(c)

Describe the general nature, scope, and purpose of the application or proposal; and

(d)

Indicate where additional information on the matter can be obtained.

§ 106-50.4 Action by review bodies and decision-making bodies.

Review and decision-making bodies may take any action that is consistent with:

(1)

The regulations of this Zoning Law;

(2)

Any rules or bylaws that apply to the review or decision-making body; and

(3)

The notice that was given.

Review and decision-making bodies are authorized to defer action or continue a public hearing in order to receive additional information or further deliberate.

§ 106-50.5 Review and decision-making criteria; burden of proof or persuasion.

In all cases, the burden is on the applicant to show that an application complies with all applicable review or approval criteria. Applications must address relevant review and decision-making criteria.

§ 106-50.6 Zoning approval process.

All persons desiring to undertake any new construction, structural alteration or change to the use of a building or lot shall apply for a building permit from the Code Enforcement Officer by filling out the appropriate application form and by submitting the required fee. No person shall erect, alter or convert any structure, building or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter until the Code Enforcement Officer has issued a building permit. No such building permit or certificate of occupancy shall be issued for any building where said construction, addition, alteration or use thereof would be in violation of any provision of this chapter. All applications for such permits shall be in accordance with the requirements of this chapter and the local law providing for the enforcement of the New York State Uniform Fire Prevention and Building Code.

Issuance of building permits. It shall be the duty of the Code Enforcement Officer to issue a building permit, provided that he or she is satisfied that the proposed structure, premises, and use thereof conform to all requirements of this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals have been secured therefor.

Denial of building permits. When the Code Enforcement Officer is not satisfied that the applicant's proposed development or use will meet the requirements of this chapter, he shall deny to issue a building permit and will indicate in writing the reasons for a denial. The applicant may appeal to the Zoning Board of Appeals for a reversal of the Code Enforcement Officer's decision.

Building permit application types.

(1)

Applications for one-family dwellings, two-family dwellings, accessory buildings or alterations to such dwellings, or accessory farm buildings.

(a)

When found to meet all requirements of this chapter, the Code Enforcement Officer may administratively approve applications for permits.

(2)

Applications for any other use, in any zone.

(a)

When found to meet all requirements of this chapter except site plan requirements, the Code Enforcement Officer shall direct the application to the Planning Board for site plan review.

(b)

When found not to meet all requirements except site plan requirements, the building permit shall be denied by the Code Enforcement Officer. Should the applicant appeal the denial, the application should be referred to the Planning Board for a preliminary review of the site plan prior to going before the Zoning Board of Appeals.

Posting of a building permit. All building permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected whenever construction work is being performed thereon and shall be protected from the weather. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operation is displayed as required by this chapter, nor shall they perform building operations of any kind after notification of the revocation of said building permit.

Expiration of building permit. A building permit shall expire after one year if the applicant fails to take action on his application as filed with the Code Enforcement Officer. Said building permit shall remain valid as long as said project is completed in three years, unless otherwise determined by the Planning Board. Extensions of project completion time may be granted upon mutual agreement by the Town Board and said applicant.

Revocation of permits. If it shall appear, at any time, to the Code Enforcement Officer that the application or accompanying plan is in any material respect false or misleading or that work is being done upon the premises differing materially from that called for in the application filed under existing laws or laws, the Code Enforcement Officer may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the Code Enforcement Officer. After the building permit has been revoked, the Town Board, in its discretion, before issuing the new building permit, may require the applicant to file an indemnity bond in favor of the Town of Geneseo with sufficient surety conditioned for compliance with this chapter and all building laws and laws then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.

Suspension or revocation of permits. The Code Enforcement Officer may temporarily suspend a permit until such time as the Town Board reviews the suspension. The Town Board, upon recommendation of the Code Enforcement Officer, may suspend or revoke a development permit issued in accordance with the provisions of this section where it has found evidence that the applicant has not complied with any or all terms or conditions of such permit, has exceeded the authority granted in the permit or has failed to undertake the project in the manner set forth in the application. The Town Board shall have 62 days from ratification by the Code Enforcement Officer to set forth, in writing, its findings and reasons for revoking or suspending a permit issued pursuant to this section and shall forward a copy of said findings to the applicant.

Court review. Any person aggrieved by any decision any reviewing board or officer, department, board or bureau of the Town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 62 days after the filing of a decision in the office of the Town Clerk. The Court may take evidence or appoint a referee to take such evidence as it may direct and report the same with his findings of fact and conclusions of law, if it shall appear that testimony is necessary for proper disposition of the matter. The Court at a special term shall itself dispose of the cause on the merits, determining all questions that may be presented for determination. Costs shall not be allowed against the Town unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.

Post issuance of building permit procedures. After the applicant has received the building permit, he may proceed to obtain other necessary permits and undertake the action permitted by the building permit.

§ 106-50.7 Certificates of occupancy.

General. The purpose of a certificate of occupancy is to certify that the premises comply with the provisions of this chapter and may be used for the purpose set forth in the certificate of occupancy. Prior to the use or occupancy of any land or building for which a building permit is required or prior to any change of use of any existing building or any change of use of land, a certificate of occupancy shall be secured from the Code Enforcement Officer.

Application process. Only after receiving an approved building permit may the applicant apply to the Code Enforcement Officer for a certificate of occupancy, where such is required. If the Code Enforcement Officer finds that the action of the applicant has been taken in accordance with the building permit, he will then issue a certificate of occupancy allowing the premises to be occupied.

Deposits and reimbursements. No certificate of occupancy shall be issued until the applicant has made all payments for required deposits and reimbursements as outlined in § 106-50.9.

Display certificate. A copy of the certificate of occupancy shall be kept by the owner and shall be displayed upon request made by an appropriate officer of the municipality.

Record of certificates. The Code Enforcement Officer shall maintain a record of all certificates, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.

§ 106-50.8 Penalties for offenses.

Any person violating any provision of this chapter or who shall violate or fail to comply with any order or regulation made hereunder, or who shall build in violation of any statement, specification or plan submitted hereunder, or who shall violate any permit or certificate of occupancy issued hereunder, or who shall continue to work upon any structure after service of notice, in writing, by the Code Enforcement Officer of the municipality to desist therefrom, shall forfeit and pay a fine not to exceed $350; for a second violation within five years, the minimum fine shall be $350 and the maximum fine shall be $700; and for a third or subsequent violation within five years, the minimum fine shall be $700 and the maximum fine shall be $1,000. In addition thereto or in place of the said fine, a violation may also be punished by a penalty of imprisonment for a period of up to six months pursuant to § 268, Subdivision 1, of the Town Law. Each week's continued violation shall constitute a separate, additional offense. Service of the notice shall be sufficient if directed to the owner, agent of the owner or the contractor and left at his last known place of business or residence, if within the municipality; and if no place of business or residence can be found, then the notice shall be served by posting in a conspicuous place on the premises which are the subject of the violation.

§ 106-50.9 Deposits and reimbursements.

Purpose and intent. The Town Board hereby finds and determines that in order to protect and safeguard the Town of Geneseo, its residents and their property, with respect to land development within the Town, all buildings, structures, highways, drainage facilities, sanitary sewer facilities, water supply utilities, other utilities and parks within any such development should be designed and constructed in a competent and workmanlike manner and in conformity with all applicable governmental codes, rules and regulations and, where applicable, dedicated and conveyed to the Town in a legally sufficient manner, that in order to assure the foregoing, it is essential for the Town to have competent engineers retained by the Town to review and approve plans and designs, make recommendations to the Town Board and Planning Board, inspect the construction of highways, drainage, sewer, other facilities and parks to be dedicated to the Town and to recommend their acceptance by the Town, and to have competent attorneys retained by the Town to negotiate and draft appropriate agreements with developers, obtain, review and approve necessary security instruments, insurance and other legal documents, review proposed deeds and easements to assure the Town is obtaining good and proper title and to generally represent the Town with respect to any issues with respect to such development, and that the cost of retaining such competent engineers and attorneys should ultimately be paid by those who seek to profit from such developments rather than from general Town funds which are raised by assessments generally paid by taxpayers of the Town. This section is enacted under the authority of New York State Municipal Home Rule Law § 10, Subdivision 1, Paragraphs (ii)a(12) and d(3), and New York State Municipal Home Rule Law § 22. To the extent Town Law §§ 274-a, 276 and 277 do not authorize the Town Board or Town Planning Board to require the reimbursement to the Town of legal, engineering, and other professional service expenses incurred by the Town in connection with the review and consideration of any of the application for the permits or approvals described hereinafter, it is the expressed intent of the Town Board to change and supersede such statutes. More particularly, such statutes do not authorize the deferral or withholding of such approvals in the event such expenses are not paid to the Town. It is the expressed intent of the Town Board to change and supersede Town Law §§ 274-a, 276 and 277 and any other provision of the New York State, Town Law or General Municipal Law to empower the Town to require such payment as a condition to such approvals.

Reimbursement of fees and expenses.

(1)

The applicant shall reimburse the Town for all reasonable and necessary expenses for engineering, legal, and other professional services incurred by the Town in connection with the review and consideration of an application for such approval.

(2)

A developer who constructs, or proposes to construct, one or more highways, drainage facilities, utilities or parks within or in conjunction with any development in the Town shall reimburse the Town for all reasonable and necessary legal, engineering, and other professional service expenses incurred by the Town in connection with the inspection and acceptance by the Town of such highways, drainage facilities, utilities and parks and the dedication of same to the Town.

(3)

Exceptions. The Town Board may make the determination to exempt an application from reimbursements if deemed appropriate.

(4)

Notwithstanding anything to the contrary contained in this article, an applicant or developer shall not be required to reimburse the Town for any part of a legal, engineering and/or professional service fee incurred by the Town for services performed in connection with matters resulting from complaints or legal action by third parties as to which the Town Board determines that the applicant or developer had no responsibility or was beyond the reasonable control of the applicant or developer.

Deposit amounts.

(1)

The amount of the initial deposit for the various developments covered by this article shall be as set forth in a schedule of deposits, established from time to time, by resolution of the Town Board. Said schedule shall remain in effect and shall apply to all applicants and developers until amended or revised by subsequent resolution.

(2)

The deposits required by this article shall be in addition to any application fees as may be required by other laws, rules, regulations or laws of the Town and shall only be used to offset the specific expenses of the Town in connection with the application or development and shall not be used to offset the Town's general expenses of legal, engineering, and/or other professional services for the several Boards of the Town, nor its general administration expenses.

Deposit and payment of reimbursements. Simultaneously with the filing of an application as defined herein, and prior to the commencement of any construction of buildings, highways, drainage facilities, utilities or parks therein, the applicant or developer, as the case may be, may be required to deposit with the Town Supervisor a sum of money, as determined in Subsection C above, which shall be used to pay the costs incurred by the Town for engineering, legal, or other professional services as described in this section. The process for the management of said deposits and fees shall be as follows:

(1)

Upon receipt of such sums, the Town Supervisor shall cause such moneys to be placed in a separate non-interest-bearing account in the name of the Town and shall keep a separate record of all such moneys so deposited and the name of the applicant or developer and project for which such sums were deposited.

(2)

Upon receipt and approval by the Town Board of itemized vouchers from an engineer and/or attorney for services rendered on behalf of the Town pertaining to the application or development, the Town Supervisor shall cause such vouchers to be paid out of the moneys so deposited and shall furnish copies of such vouchers to the applicant or developer at the same time such vouchers are submitted to the Town.

(3)

The Town Board shall review and audit all such vouchers and shall approve payment of only such engineering, legal, and other professional service fees as are reasonable and necessarily incurred by the Town in connection with the review, consideration and approval of any application for development and the inspection of all construction and acceptance of highways, drainage facilities, utilities and parks within or in conjunction with such development. For purpose 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 Town for services performed in connection with the approval or construction of a similar development. In this regard, the Town Board may take into consideration the size, type and number of buildings, structures or facilities to be constructed; the amount of time to complete the development; 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 that the Town Board may deem relevant. A fee or part thereof is necessarily incurred if it was charged by the engineer or attorney for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Town or to protect public or private property from damage from uncontrolled surface water runoff and other factors, and to assure the proper and timely construction of highways, drainage facilities, utilities and parks and protect the legal interests of the Town, including receipt by the Town of good and proper title to dedicated highways and other facilities and the avoidance of claims and liability, and such other interests as the Town Board may deem relevant.

(4)

If at any time during or after the processing of such application or in the construction, inspection or acceptance of buildings, highways, drainage facilities, utilities or parks there shall be insufficient moneys 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 Town Supervisor that such moneys will be insufficient to meet vouchers yet to be submitted, the Town Supervisor shall cause the applicant or developer to deposit additional sums as the Supervisor deems necessary or advisable in order to meet such expenses or anticipated expenses.

(5)

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

(6)

The issuance of a final certificate of occupancy shall not occur unless and until all fees incurred hereunder have been paid in full.

(7)

After final approval, acceptance and/or the issuance of a certificate of occupancy relating to any specific development, and after payment of all approved vouchers submitted regarding such development, 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.

§ 106-51.1 Authority to file.

Amendments to the zoning text or Zoning Map (rezonings) may be initiated only by the Town Board or by a petition requesting such change, presented to the Town Board. Zoning Map amendment petitions shall be duly signed by the owners of at least 50% of the frontage of the parcels included within the area proposed to be rezoned. Rezoning petitions may be filed by the owner or by the owner's authorized agent.

§ 106-51.2 Notice of hearing.

Notice of required public hearings on zoning text and map amendments must be provided as required by the Town Board and by state law (see § 106-50.3C for additional information on public hearing notices).

§ 106-51.3 Review and report - Planning Board.

The Planning Board must review all proposed zoning text and map amendments and prepare a report that evaluates the proposed amendment in light of adopted plans, the relevant provisions of this Zoning Law and the review criteria of § 106-51.7.

§ 106-51.4 Referrals.

Whenever required under §§ 239-l and 239-m of the NYS General Municipal Law, Zoning Law text and map amendments must be forwarded to the County Planning Department for review prior to the public hearing and final action by the Town Board.

If any proposed amendment consists of a change in the district classification applying to real property within 500 feet of a municipal boundary, the Town Clerk shall serve notice of the proposed amendment to the chief elected official of the affected municipality, prior to the public hearing and final action.

§ 106-51.5 State environmental quality review.

For Zoning Law text and map amendment applications subject to SEQR requirements, all required environmental reviews must be completed before final action is taken on the amendment.

§ 106-51.6 Hearing and final action - Town Board.

After receiving the report of the Planning Board, the Town Board must deny the proposed amendment or convene its own public hearing on the proposed text and/or map amendment.

Following the public hearing, the Town Board may act to approve the proposed amendment, approve the proposed amendment with modifications or deny the proposed amendment. The Town Board may also return the application to the Planning Board for further consideration.

The Town Board may act by a simple majority vote of those Town Board members, except when a valid protest petition has been submitted in accordance with § 106-51.8.

The Town Office shall notify, by mail, the petitioner of the action taken by the Town Board.

If the Town Board approves the amendment, supplement, change or modification to the text of this chapter or associated map, the Zoning Code shall be amended after publication as required by local law.

The Town Board may, in order to protect the public health, safety, welfare and environmental quality of the community, attach to its resolution approving the petition, additional conditions deemed necessary to achieve the review criteria.

§ 106-51.7 Review criteria.

In reviewing and making decisions on zoning amendments, the Code Enforcement Officer, Planning Board, and Town Board must consider at least the following criteria:

Whether the proposed zoning amendment corrects an error or inconsistency in the Zoning Law or meets the challenge of a changing condition;

Whether the proposed amendment is in substantial conformance with the adopted plans and policies of the municipality;

Whether the proposed zoning amendment is in the best interests of the municipality as a whole;

Whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested rezoning, if applicable;

Whether the rezoning will substantially harm the public health, safety or general welfare or the value of nearby properties, if applicable;

Whether the rezoning is compatible with the zoning and use of nearby property, if applicable;

The suitability of the subject property for the uses and development to which it has been restricted under the existing zoning regulations, if applicable; and

The gain, if any, to the public health, safety and general welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.

§ 106-51.8 Protest petitions.

A formal protest petition opposing a zoning text and/or map amendment must be submitted to the Town Board or on the public record before the Town Board's vote, allowing sufficient time for the municipality to determine the validity of the petition [see NYS Town Law § 265(1) for more information on protest petitions].

A protest petition will be considered "valid" if it is signed by:

(1)

The owners of 20% or more of the area of land included in such proposed change;

(2)

The owners of 20% or more of the area of land immediately adjacent to that land included in such proposed amendment, extending 100 feet therefrom; or

(3)

The owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.

When a valid protest petition has been submitted, approval of a zoning amendment requires a majority plus one vote of those Town Board members.

§ 106-51.9 Petition for amendment.

A petition requesting a change in regulations or other provisions of this chapter shall be typewritten and be signed and acknowledged by the person presenting it in the same manner as it is required for the recording of a deed to real property and shall be filed with the Town Clerk in triplicate.

§ 106-52.1 Intent.

The intent of the site plan review process is to determine compliance with the objectives of this chapter while also preserving and enhancing the character of a neighborhood, achieving compatibility with adjacent development, mitigating potentially negative impacts on traffic, parking, drainage and similar environmental concerns, improving the overall visual and aesthetic quality of the Town, and increasing the capability of the Zoning Law to adapt to a variety of unique circumstances. It is the further intent of this section to ensure the optimum overall conservation, protection, preservation, development and use of natural and man-related resources of the Town through this process.

§ 106-52.2 Applicability.

Site plan review shall be required in accordance with the District Use Tables set forth in Part 2 of this chapter and the Article 16 of the New York State Town Law. No construction or site improvement work may commence until site plan approval, where required by this chapter, has been granted. Site plan approval must be obtained prior to the issuance of a building permit or certificate of occupancy.

Site plan review exemptions. Site plan review shall not be required for the:

(1)

Construction of a single one- or two-family dwelling on an approved building lot, including residential subdivisions, meeting the dimensional requirements of this chapter;

(2)

Permitted accessory structures to one- and two-family dwellings;

(3)

Exterior alterations or additions to one- and two-family dwellings;

(4)

Agricultural land uses, with the exception of roadside stands for the sale of agricultural products;

(5)

Placement of a mobile home or manufactured home on a single lot or in an approved mobile home or manufactured home park;

(6)

Incidental landscaping or grading; and

(7)

Maintenance of existing sign structures in all districts.

Issuance of decision. The Planning Board at a regular meeting shall review and approve, approve with modification or disapprove a site plan in connection with any matter requiring submission of a site plan.

Existing uses and structures. This section does not apply to uses and structures that are lawfully in existence as of the date this section is adopted. Any use that would otherwise be subject to this section, which has been discontinued for a period of one year or more, shall be subject to review pursuant to the terms herein defined before such use is resumed. Any use or structure shall be considered to be in existence, provided that such use or structure has started construction prior to the effective date of this section and is fully constructed and completed within one year after the effective date of these regulations.

Uncertain applicability. Any person uncertain of the applicability of the provisions of this section to a given land use activity may apply in writing to the Code Enforcement Officer for a written jurisdictional determination.

§ 106-52.3 Referrals.

Whenever required under §§ 239-1 and 239-m of the NYS General Municipal Law, site plan review applications must be forwarded to the County Planning Department for review prior to final action by the Planning Board.

§ 106-52.4 Site plan review procedure.

The general procedure for site plan review consists of an optional sketch plan conference, preliminary site plan review and approval, and final site plan review and approval. To apply for site plan approval, an applicant shall complete the appropriate site plan application form. The application form and materials shall be filed with the Town Office together with the site plan application fee.

Optional sketch plan conference.

(1)

Applicants are encouraged to schedule a sketch plan conference prior to submitting a site plan review application in order to receive a conceptual review by the Code Enforcement Officer and/or the Planning Board. The purpose of the sketch plan conference is to provide the applicant with the opportunity to seek nonbinding, advisory direction from the Town in order to better prepare the applicant and project application for the site plan review process.

(2)

The submission of a complete application as determined by the Code Enforcement Office may not be required for the purposes of a sketch plan conference.

(3)

At the sketch plan conference, the Planning Board will determine if the proposal is in conformity to the adopted Town Master Plan and any other approved plans. To the extent feasible, the Planning Board shall provide the applicant with an indication of whether the proposal in its major features is acceptable or should be modified before expenditures for more detailed planning are made.

(4)

In order to accomplish these objectives, the applicant shall provide the following at a date specified by the Town prior to the date when the Planning Board will discuss the sketch plan: a sketch showing the locations and dimensions of principal and accessory structures, parking areas, signs, existing and proposed vegetation and other existing or planned features; a narrative describing anticipated changes to existing topography and natural features, including state and federal wetlands; proposed water supply and sewage and waste disposal facilities; provisions for stormwater drainage, recreation and open space; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.

(5)

The Planning Board, upon review of the sketch plan, with the concurrence of the Town Engineer, may waive requirements for application materials for developments for which, due to character, size, location or special circumstances, such information is not required in order for the Planning Board to properly perform site plan review.

(6)

To ensure relevancy of review and comment from the sketch plan conference, a complete application shall be submitted to the Code Enforcement Officer within six months following the proposed project's optional sketch plan conference.

Preliminary site plan review.

(1)

The Planning Board may waive the preliminary site plan review step for an applicant when deemed unnecessary due to the nature of the application. In the event that preliminary site plan review is waived, the applicant shall comply with the requirements of final site plan review and outlined in this article and all other applicable provisions of this chapter.

(2)

The applicant shall submit to the Code Enforcement Officer a complete preliminary site plan application in accordance with § 106-52.5.

(3)

The Code Enforcement Officer shall certify on each preliminary site plan or amendment whether or not the preliminary plan meets the requirements of all regulations other than those of this chapter regarding preliminary site plan approval.

(4)

The Planning Board, upon completion of preliminary site plan review, shall impose any conditions that the applicant must meet prior to receiving preliminary site plan approval.

(5)

Within 62 days of the Planning Board's receipt of a complete application for preliminary site plan approval, the Planning Board shall act on it, unless the deadline is extended by mutual consent or unless the deadlines of the State Environmental Quality Review Act (SEQRA) do not allow for this decision by the Planning Board because of the SEQRA review process.

(a)

If no decision is made within said sixty-two day period, the preliminary site plan shall be considered approved and the applicant so notified.

(b)

The Planning Board's action shall be in the form of a written statement to the applicant, stating whether or not the preliminary site plan is approved, disapproved, approved with modifications or approved by default when not reaching a timely decision.

(c)

The Planning Board's statement may include recommendations of modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval.

(d)

If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.

(6)

In the case of a proposed development that is phased over a number of years, the applicant shall submit an overall plan for the total development of the project and a phasing plan for each phase of the development. If the overall plan for this project is approved and the first phase of the project is approved, then the first phase of the project continues on to final site plan review and approval. If there is no substantial change in the overall plan or the phasing plan of the project, each succeeding phase of the development need only be reviewed for final site plan approval. If there are substantial changes to the overall plan or the phasing plan, the Planning Board shall require subsequent phases to go through preliminary site plan review and approval.

(7)

Any resubmission of a previously approved preliminary site plan shall be required to go through the same procedures as the original preliminary site plan application.

Final site plan review.

(1)

After receiving approval from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may submit a compete final site plan application for review and approval. Said application must meet the requirements of § 106-52.6.

(2)

If more than one year has elapsed since the Planning Board issued its preliminary approval, and if conditions have substantially changed, the Planning Board may require resubmission of the preliminary site plan for possible revision prior to accepting the proposed final plan for review.

(3)

Within 62 days of the receipt of the final site plan application the Planning Board shall render a decision. The time period in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within the time period specified, or agreed upon between the applicant and Board, shall constitute Planning Board approval of the site plan as submitted or last amended.

(4)

Issuance of final site plan decision.

(a)

Upon approval, the Planning Board shall endorse its approval on a copy of the final site plan and shall immediately file a copy of the final site plan in the Town Clerk's office. A copy of the final plan shall be forwarded to the Code Enforcement Officer who shall then issue a building permit if the project conforms to all other applicable requirements. A copy of the written statement of approval shall be mailed to the applicant by certified mail. The written statement shall contain a list of modifications or conditions if required by the Planning Board.

(b)

Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed with the Town Clerk and a copy thereof mailed to the applicant by certified mail along with a letter stating the reasons for disapproval.

(5)

A final site plan approval by the Planning Board shall be valid for a period of one year from the date of such approval. An approval granted hereunder shall become null and void if a building permit has not been issued or, in the event a building permit has been issued, if construction has not commenced within one year of the date of such approval. An applicant may submit a written application for an extension of the site plan approval, provided that such application has been submitted in writing prior to the expiration of one year. Such application shall set the reason or reasons that prevented the applicant from either obtaining a building permit or commencing construction within the required time period. The Planning Board shall have the discretion to grant an extension and to set any reasonable time limit thereon, or to deny the extension. If the application for extension is denied, the Planning Board shall set forth the basis for its denial in written findings.

Public hearing.

(1)

The Planning Board may conduct a public hearing for preliminary site plan review if considered desirable by a majority of its members. Such hearing shall be held within 62 days of the Planning Board's acceptance of the preliminary site plan application.

(2)

In those cases where the proposed site plan involves a use subject to review for a special use permit, the public hearing hereunder may be held concurrently with any required public hearing under the provisions for special use permits.

(3)

Notice of required public hearings on a site plan review must be provided as required by the Town Board and by state law. See § 106-50.3C for more information on the requirements for public notice.

Segmentation. The site plan application and associated maps shall include all proposed phases of development. Site plan approval shall be based on the total planned project in order to facilitate the assessment of all potential development impacts. The Planning Board shall consider applications incomplete where there is reason to believe the application applies to only a segment of the total planned development. In such situations, the Planning Board shall return such application to the applicant, together with a letter stating the basis for its determination.

Referral to other agencies and boards. The Planning Board may refer the site plan for review and comment to local and county officials or their designated consultants and to representatives of federal, state and county agencies, including but not limited to the Soil Conservation Service, the New York State Department of Transportation, the State Department of Environmental Conservation and the state or county Department of Health, whichever has jurisdiction.

Relevant comments. In reviewing site plans, it shall be the responsibility of the Planning Board to obtain comments or approvals, in writing, from any relevant Town department/division before a decision on approval is made.

§ 106-52.5 Preliminary site plan application requirements.

All applications for preliminary site plan review shall be made by the owner or the owner's agent and filed with the Town Office. The applicant shall have a current site plan map and report prepared by a civil engineer or surveyor licensed to practice in the State of New York in sufficient detail to permit an adequate review by an architect, civil engineer, surveyor, or land planner. The preliminary site plan shall be drawn at a scale of 100 feet to one inch or larger. The preliminary site plan shall include the following information:

Legal data.

(1)

The name and address of the owner of record.

(2)

The name and address of the person, firm or organization preparing the map.

(3)

The date, North point and written and graphic scale.

(4)

Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.

(5)

The locations, names and existing widths of adjacent streets and curblines.

(6)

The locations and owners of all adjoining lands as shown on the latest tax records and Tax Map identification numbers.

(7)

The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjacent to the property.

(8)

A complete outline of existing deed restrictions or covenants applying to the property.

(9)

Existing zoning within 500 feet of the site's perimeter.

(10)

Tape location map and the distance to the nearest public street right-of-way intersection.

Natural features.

(1)

Existing contours with intervals of 10 feet or less referred to a datum satisfactory to the Board.

(2)

Approximate boundaries of any areas subject to flooding or stormwater overflows.

(3)

The location of existing watercourses, New York State and federal wetlands, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more measured three feet above the base of the trunk and other significant existing features.

Existing structures and utilities and other features.

(1)

The location of uses and outlines of all existing structures, drawn to scale, on and within 20 feet of the lot line.

(2)

Paved areas, sidewalks and vehicular access between the site and public streets.

(3)

Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within 100 feet of the site. The Planning Board may, at its discretion, require a detailed traffic study for large developments or for those in heavy traffic areas to include:

(a)

The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic intervals.

(b)

The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site.

(c)

The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels, as well as road capacity levels, shall also be given.

(4)

Locations, dimensions, grades and flow direction of existing sewers, drainage ditches, culverts and water lines, as well as other underground and aboveground utilities within and adjacent to the property.

(5)

Other existing development, including fences, retaining walls, landscaping and screening.

(6)

Historic or archaeological resources on or adjacent to the site.

Proposed development.

(1)

The location, type of construction and exterior dimensions of proposed buildings or structural improvements. [NOTE: Elevations and/or sections illustrating front, rear and side profiles drawn to the same or larger scale as the site development plan may be required by the Planning Board.] The elevations and/or sections shall clearly delineate the bulk and height of all buildings and other permanent structures included in the proposal.

(2)

The location and design of all uses not requiring structures, such as off-street parking and loading areas.

(3)

The location, direction, power and time of use for any proposed outdoor lighting.

(4)

The location, size and design for all proposed permanent outdoor signs.

(5)

The location and arrangement of proposed means of access and egress, including sidewalks and other pedestrian access, driveways, fire lanes and other emergency zones or other paved areas; and profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of water and sewer lines.

(6)

For commercial and industrial structures, identify the amount of gross floor area proposed for retail sales, services, offices and other uses.

(7)

Any setbacks or other dimensional information required by this chapter.

(8)

Any proposed screening, landscaping, and open spaces, including types and locations of proposed street trees, as well as a planting schedule. Preference for native species as listed in Article 42 of this chapter.

(9)

The location and construction of any existing or proposed public transit or bicycle accommodations, including bicycle parking facilities.

(10)

The description of the water supply system, location of well(s) and/or all proposed water lines, valves and hydrants and of all sewer lines and alternate means of water supply and sewage disposal and treatment.

(11)

An outline of any proposed easements, deed restrictions or covenants.

(12)

Any contemplated public improvements on or adjoining the property.

(13)

Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties on the street.

(14)

A drainage plan showing proposed watercourses, proposed detention/retention facilities and calculations of the impact to existing drainage created by the proposed development. [NOTE: Contour intervals of one or two feet may be appropriate for grading and drainage plans.]

(15)

Location of outdoor storage and waste receptacles and proposed screening for such.

(16)

Location and construction materials of all proposed site improvements, including drains, culverts, retaining walls and fences.

(17)

Location, design and construction materials of all energy-generation and distribution facilities, including electrical, gas and solar energy.

(18)

Estimated project construction schedule. If the site plan indicates only a first stage, a supplementary plan shall be provided that indicates ultimate development.

(19)

Record of applications and approval status of all necessary permits from federal, state, county and local agencies.

(20)

Estimate of the total cost of proposed site improvements that shall be confirmed by the Code Enforcement Officer or Town Engineer.

Waiving requirements. The Planning Board may waive any of the previously listed requirements with the determination that they are unnecessary for a complete assessment of the project.

Additional requirements. The Planning Board or Town Board may also require additional information beyond the previously listed requirement be presented in graphic form, and accompanied by a written text, and/or prepared by a licensed professional if such additional materials are deemed necessary for a complete assessment of the project.

Environmental assessment. The environmental assessment shall be in accordance with the State Environmental Quality Review Act (SEQRA).

§ 106-52.6 Final site plan application requirements.

Content of the final site plan. The final site plan shall include the site plan construction sheet and a drainage report. The site plan construction sheet shall include:

(1)

All the information required for preliminary site plans in accordance with § 106-52.5 of this article.

(2)

The lines of existing and proposed streets and sidewalks immediately adjoining and within the site, including geometric layout of proposed streets.

(3)

The names of existing and proposed streets.

(4)

Typical cross sections of proposed streets.

(5)

Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.

(6)

The layout of proposed buildings, parking areas and any other proposed structures or uses.

(7)

The location, size and profile of any existing and proposed sewers (stormwater or sanitary), manholes, drain inlets, catch basins, water mains and pipes on the property or into which any connection is proposed.

(8)

Provisions for water supply and sewage disposal and evidence that such provisions have received approval from the Livingston County Department of Health.

(9)

Location of survey monuments. Before acceptance of the dedication of the highways or streets, a certificate by a licensed land surveyor must be filed, certifying that the above monuments have been placed where indicated on the map.

(10)

Plans and typical cross sections of proposed sidewalks, bike lanes, paths, or other bicycle and pedestrian linkages, if applicable.

(11)

Development plan, including landscaping, for any proposed park or playground within the site.

(12)

Specifications or references to Town standards for all facilities to be constructed or installed.

(13)

Certification by a licensed professional engineer, licensed landscape architect and a licensed land surveyor as evidence of professional responsibility for the preparation of the construction sheet.

(14)

The boundaries of the site and information to show the location of the site in relation to surrounding property and streets, including names and tax account numbers for adjacent sites. In whatever manner is practical, the site boundary shall be referenced from two directions to established United States Coast and Geodetic Survey monuments or New York State Plan Coordinate monuments. In the event that such monuments have been obliterated, the site boundary shall be referenced to the nearest highway intersections or previously established monuments. Any combination of types of reference points may be accepted which would fulfill the requirement of exact measurements from the boundary to reference points previously established for or by a public agency.

(15)

The lines and purposes of existing and proposed easements immediately adjoining and within the site.

(16)

The lines, dimensions and areas in square feet of all property that is proposed to be reserved by deed of the site.

(17)

A legal description of all areas to be dedicated to the Town.

§ 106-52.7 Site plan review criteria.

The Planning Board shall review the site plan and supporting data before approval, approval with modifications, or disapproval of such site plan, based on the following criteria:

Considerations. The Planning Board review of a site plan shall include, but is not limited to, the following considerations:

(1)

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.

(2)

Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrians from vehicular traffic, sidewalks, linkages, control of intersections with vehicular traffic and pedestrian convenience.

(3)

Location, arrangement, appearance and sufficiency of off-street parking and loading areas.

(4)

Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.

(5)

Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the proposed use and adjoining uses or properties.

(6)

In the case of an apartment complex or multiple dwellings, the adequacy of usable open space for playgrounds and informal recreation.

(7)

Adequacy of stormwater management and sanitary waste disposal facilities.

(8)

Protection of adjacent properties from noise, glare, unsightliness or other objectionable features.

(9)

Adequacy of water supply facilities.

(10)

Overall impact on the neighborhood, including compatibility of design and effect on the environment.

(11)

Conformance with the Town Master Plan and other plans which the Town uses as a guide for appropriate development.

Standards for review and design. The Planning Board, in reviewing site plans, shall consider the standards set forth below:

(1)

All buildings in the plan shall be integrated with each other and with adjacent buildings and shall have convenient access to and from adjacent uses.

(2)

Individual buildings shall be related to each other and to structures in the surrounding area in architecture, design mass, materials, placement and connections to harmonize visually and physically.

(3)

Treatment of the sides and rear of all buildings, where appropriate, shall be comparable in amenity and appearance to the treatment given to street frontages of these same buildings.

(4)

The design of buildings and the parking facilities shall take advantage of the natural topography of the project site, where appropriate.

(5)

All buildings shall be arranged to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be oriented to preserve visual and auditory privacy between adjacent buildings.

(6)

All buildings shall be accessible to emergency vehicles.

(7)

Landscaping shall be an integral part of the entire project area and shall buffer the site from and/or integrate the site with the surrounding area, as appropriate.

(8)

Primary landscape treatment shall consist of shrubs, ground cover and shade trees and shall combine with appropriate walks, walls and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to the growing conditions of the Town's environment.

(9)

Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.

(10)

There shall be an adequate, safe and convenient arrangement of bicycle and pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.

(11)

Roads, pedestrian walks, bicycle facilities, and open space shall be designed as integral parts of an overall site design, be properly related to existing and proposed buildings and be appropriately landscaped.

(12)

Buildings and vehicular circulation areas shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

(13)

Landscaped, paved or other suitable material and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.

(14)

Materials and design of paving, light fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained and indicative of their function.

(15)

Compliance with all outdoor lighting regulations as set forth in this chapter (Part 4).

(16)

Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars.

(17)

Parking facilities shall be designed with regard for orderly management, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.

(18)

Any abovegrade loading facility shall be screened from public view to the extent necessary to eliminate unsightliness.

(19)

Off-street parking and loading requirements required in this chapter shall be satisfied.

(20)

Drainage of the site and surface waters flowing therefrom shall not adversely affect adjacent properties or public roadways.

(21)

All site improvements, where required, shall comply with the requirements of the Americans With Disabilities Act.

Changes or additions to site plan material. The Planning Board may require changes or additions in relation to yards, driveways, landscaping, buffer zones, etc., to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties from reasonably identifiable adverse impacts. Should the Planning Board require changes or additional facilities, final approval of the site plan shall be conditional upon satisfactory compliance by applicant in making the changes or additions.

Current site plan for review. Any applicant wishing to make changes in an approved site plan shall submit a revised and current site plan to the Planning Board for review and approval.

§ 106-52.8 Guaranty of site improvements.

General. Subsequent to the granting of site plan approval, no certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been provided by the applicant for improvements not yet completed.

Performance guaranty options. In order that the Town has the assurance that the construction and installation of such improvements as storm sewers, water supply, sewage disposal, sidewalks, parking and access roads will be constructed in accordance with Town standards and/or any site plan approval modifications, the Planning Board may require that the applicant enter into one of the following agreements with the Town:

(1)

Furnish bond executed by a surety company (licensed in New York State) equal to the cost of construction of such improvements as shown on the plans. Such bond shall be based on an estimate furnished by the applicant, confirmed by the Code Enforcement Officer or Town Engineer and approved by the Planning Board.

(2)

Deposit a certified check in sufficient amount up to the total cost of construction of such improvements as shown on the site plan.

(3)

Provide the Town with a letter of credit that is of sufficient amount to cover up to 110% of the total cost of improvements as shown on the site plan.

Conditions.

(1)

The performance guaranty shall be to the Town and shall provide that the applicant, his/her heirs, successors, assigns or his/her agent will comply with all applicable terms, conditions, provisions and requirements of this chapter and will faithfully perform and complete the work of constructing and installing such facilities or improvements in accordance with the approved site plan.

(2)

Any such bond shall require the approval of the Town Board in consultation with the Town Attorney as to form, sufficiency manner of execution and surety.

(3)

Certified checks shall be made payable to the Town of Geneseo and will be placed in an escrow account established by the Town for this purpose.

(4)

Letters of credit shall require the approval of the Town Board in consultation with the Town Attorney as to form, sufficiency, and manner of execution and shall be duly notarized.

Extension of time. The construction or installation of any improvements or facilities, other than roads, for which a guaranty has been made by the applicant in the form of a bond or certified check deposit shall be completed within one year from the date of approval of the site plan. Road improvements shall be completed within two years from the date of approval of the site plan. The applicant may request that the Planning Board grant him or her an extension of time to complete such improvements, provided that the applicant can show reasonable cause for inability to complete said improvements within the required time. The extension shall not exceed six months, at the end of which time the Town may use as much of the bond or check deposit to construct the improvements as necessary. The Planning Board may also grant the applicant an extension of time whenever construction of improvements is not performed in accordance with applicable standards and specifications.

Schedule of improvements. When a certified check or performance bond is issued pursuant to the preceding subsections, the Town and applicant shall enter into a written agreement itemizing the schedule of improvements in sequence with the cost opposite each phase of construction or installation, provided that each cost as listed may be repaid to the applicant upon completion and approval after inspection of such improvement or installation. However, 10% of the check deposit or performance bond shall not be repaid to the applicant until one year following the completion and inspection by the Town of all construction and installation covered by the check deposit or performance bond.

Inspections. Inspections during the installation of improvements shall be made by the Code Enforcement Officer to ensure conformity with the approved plans and specifications as contained in the contract and this chapter. The applicant shall notify the Code Enforcement Officer when each phase of improvements is ready for inspection. Upon acceptance, final completion of installation and improvement, the Planning Board shall issue a letter to the applicant or his/her representative that provides sufficient evidence for the release by the Town of the portion of the performance bond or certified deposit as designated in the contract to cover the cost of such completed work.

Phased development. The Planning Board may further request, subject to Town Board approval, that the applicant deposit a separate performance bond or certified check for each phase of development proposed. In this event, 5% of the check deposit or performance bond shall be withheld from the applicant until 62 days following the completion, inspection and acceptance by the Town of all construction and installation covered by such deposit. No subsequent phase of development shall be undertaken until each earlier phase has been completed and approved by the Code Enforcement Officer.

Engineer's fees. Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with review of approved site plan shall be charged to the applicant.

§ 106-53.1 Applicability.

All uses and activities requiring a special use permit must be reviewed and approved in accordance with the procedures of this article.

Special uses within the zoning districts are generally considered to be uses which are appropriate in a particular zoning district, but because of their potential for incompatibility with adjacent uses require individual review and may require the imposition of conditions in order to assure the appropriateness of the use in a particular zoning district.

A special use permit shall be required in accordance with the district use tables set forth at Part 2 of this chapter.

The Planning Board shall hear and decide all applications for special use permits.

Specially permitted uses require site plan review unless otherwise noted in this chapter. An application for special use permit review and approval shall be made in tandem with the proposed project submission. These two applications shall follow one review and approval process, including a joint public hearing.

§ 106-53.2 Application filing.

The property or building owner, their agent, or lessee, purchaser or tenant with permission of the owner, may file special use permit applications. Applications for a special use permit approval must be filed with the Town Office.

§ 106-53.3 Application review support.

The Planning Board may request for additional information from any Town department or division as well as seek the opinion of any legal, engineering, design, or other professional to aid in the review of a special use permit.

§ 106-53.4 Referrals.

Whenever required under §§ 239-l and 239-m of the General Municipal Law, the Planning Board must forward special use permit applications to the County Planning Agency for review prior to taking final action.

§ 106-53.5 Public hearing and final action - Planning Board.

Public hearing.

(1)

Within 62 days from the day of a complete application is received for special permit approval, the Planning Board must convene a public hearing on the proposed application.

(2)

Notice of required public hearings on a special use application must be provided as required by the Town Board and by state law. See § 106-50.3C for more information on the requirements for public notice.

Final action. Within 62 days following the close of the public hearing, the Planning Board will issue a decision to approve, approve with conditions, or deny the proposed special use permit. The Planning Board shall review the application for special use permit approval based on the review criteria listed in § 106-53.6.

§ 106-53.6 Review criteria.

In rendering a decision, the Planning Board shall consider whether or not the proposed use:

Will be generally consistent with the goals of the Town Comprehensive Plan;

Will meet any and all relevant criteria set forth in this chapter;

Will be compatible with existing uses adjacent to and near the property;

Will be in harmony with the general purpose of this chapter;

Will not tend to depreciate the value of adjacent property;

Will not create a hazard to health, safety or the general welfare of the public;

Will not alter the essential character of the neighborhood nor be detrimental to the neighborhood residents;

Will not be a nuisance to neighboring land uses in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, unsightliness, contamination or other similar conditions;

Will not cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts, such as significant erosion and/or sedimentation, slope destruction, flooding or ponding of water, or degradation of water quality;

Will not destroy or adversely impact significant historic and/or cultural resource sites;

Will not provide inadequate landscaping, screening or buffering between adjacent uses which are incompatible with the proposed project; and

Will not otherwise be detrimental to the public convenience and welfare.

§ 106-53.7 Conditions on special use permits.

The Planning Board may impose such conditions upon the premises benefited by a special use permit as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood, including limitations on the time period for which the permit is granted. Such conditions shall be expressly set forth in the motion authorizing the special use permit.

§ 106-53.8 Cessation of special use.

A special use permit shall authorize only one special use and shall expire if the special use ceases operation for more than 12 consecutive months for any reason.

§ 106-54.1 Purpose.

This article regulates and limits the continued existence of uses, structures, lots, and all accessory uses and structures established prior to the effective date of this chapter that do not conform to the regulations set forth by this chapter in the applicable zoning districts in which such nonconformities are located. Such nonconforming uses, buildings, or lots are subject with the regulations set forth in this article for the purposes of the following:

To permit these nonconformities to continue, but to minimize any adverse effect on adjoining properties and development.

To regulate their maintenance and repair.

To restrict their rebuilding if substantially destroyed.

To require their permanent discontinuance if not operated for certain periods.

To require the conformity if they are discontinued, and to bring about the eventual compliance with the objectives of the Town Comprehensive Plan, Town Code, and this chapter.

§ 106-54.2 General provisions.

Determination of nonconforming status. The determination of any nonconforming use shall be made by the Code Enforcement Officer.

Restoration. If any such nonconforming use is damaged, a permit for its restoration or reconstruction may be obtained if such application is filed within 120 days of the initial damage or destruction.

Termination. Certain types of nonconforming uses or structures which present a special nuisance or hazardous condition shall be terminated as follows:

(1)

Upon a complaint registered with the Code Enforcement Officer from 50% of the property owners within 500 feet of a nonconforming use which is considered to be a general nuisance or a hazard to the health, safety, welfare of persons, uses or structures adjoining such nonconforming use or uses, the Board of Appeals shall hold a public hearing and make findings of fact with respect to the alleged nuisance or hazardous condition and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Board of Appeals, giving due consideration to the reasonable amortization of the capital investment in such uses.

Repair and alteration. Normal maintenance and repair of, and incidental alteration to a building occupied by a nonconforming use are permitted if they do not extend the nonconforming use. No structural alteration or enlargement shall be made in a building occupied by a nonconforming use, except where required by law, i.e., court ordered, or to adapt a building to a conforming use or to any other use permitted under Subsection E or in a building occupied by a nonconforming use permitted to extend under Subsection F.

Change of use. A nonconforming use may not be changed to a more intensive nonconforming use nor shall a conforming use be changed to a nonconforming use. Any nonconforming use when changed to a conforming use shall not thereafter be changed back to a nonconforming use. A nonconforming use, building, or structure shall not be enlarged except upon the issuance of a variance from the Board of Appeals.

Extension of nonconforming use. The extension, expansion, or enlargement of a nonconforming use shall require the approval of a use variance by the Zoning Board of Appeals (see Article 55 of this chapter). Extension, expansion, or enlargement shall mean:

(1)

The enlargement of such building so as to create additional floor space.

(2)

The extension within any existing building to any portion of the floor area not formerly used for such nonconforming use, except where such additional floor area was manifestly designed for such use at the time such use became nonconforming.

(3)

The extension of the use to any area outside of the building.

(4)

In the case of a nonconforming, nonbuilding land use, the use of any additional land on which no substantial operations were previously conducted, provided that any such extension or enlargement is on the same lot occupied by the nonconforming use on the effective date of this chapter.

(5)

An accessory building to a legally existing nonconforming residential use, in a nonresidential zoning district, is permitted by right, provided that the accessory building meets the minimum yard requirements for the district in which the property is located, and provided that the accessory building complies with all other requirements for such buildings.

Discontinuance or abandoning of use. A nonconforming use that has been discontinued for 12 consecutive months shall not be reestablished and any future use shall be in conformance with the provisions of this chapter. Where multiple uses exist, partial abandonment shall take place for those specific uses that meet the aforementioned criteria. The following conditions, which are not exclusive, shall contribute towards the discontinuance and abandonment of a use or structure:

(1)

Failure to occupy the property to continue the nonconformity;

(2)

Failure to maintain regular business hours, typical or normal for the use (past operations of the use and/or industry standards may be used to determine typical hours);

(3)

Failure to maintain any equipment, supplies, stock, or utilities that would be used for the active operation of the use; or

(4)

Failure to maintain, or renew when expired, any valid Federal, State, or local permit or license that is required for the active operation of the use.

Nonconforming parking and loading facilities. A building, use or occupancy lawfully existing at the time this chapter or any amendment thereto becomes effective, but which does not conform to the off-street parking and loading requirements, may be occupied or continued without such facilities being provided. Any such spaces that may be provided thereafter shall comply with the requirements of Article 41. If an existing building, use or occupancy is altered so that there is an increase in the number of dwelling units, seating capacity, employees or floor area, or if the use is changed to one requiring more off-street parking and loading spaces, the number of such spaces shall be provided at least equal to the number required for the increased area of the building or use in accordance with all provisions of Article 41.

Existing nonconforming lots. In any zone where a nonconforming lot exists as a separate entity at the time of passage of this chapter and where the owner of the nonconforming lot does not own an adjoining lot, the following development is permitted:

(1)

If the lot is located in a district where residential uses are permitted, a single-family dwelling may be constructed on it as a permitted use, provided that the lot is in at least 75% compliance with each of the following requirements for a single-family dwelling, as specified for the district in which the lot is located; lot area, lot width, rear yard, side yard and maximum building coverage.

(2)

If the lot is located in any remaining district, then a structure not exceeding two stories in height may be constructed on it for a use permitted in the district in which it is located.

District changes. Whenever the boundaries of a district shall be changed so that more restrictive provisions hereof apply to a lot or use, the foregoing provisions shall also apply to any nonconforming use existing therein or created thereby.

Lots in more than one district. Where a zoning district boundary line divides a lot in single ownership at the effective date of this chapter, leaving part subject to more permissive regulations and part subject to more restrictive regulations, the Board of Appeals after public hearing may permit an extension of the use of that lot into the district where it is otherwise prohibited, provided that the extension does not extend more than 50 feet into that district. Furthermore, the Zoning Board of Appeals may impose conditions on that extension to protect a neighboring property.

§ 106-55.1 Applicability.

The Town of Geneseo Zoning Board of Appeals (ZBA) shall have the power, on appeal from the decision or determination of any administrative official charged with enforcement of this chapter, to reverse or affirm, wholly or partly, or modify an order, requirement, decision, interpretation or determination by the granting of either use variances or area variances as authorized by Article 16 of the New York State Town Law and in accordance with the applicable standards set forth in §§ 106-55.4 and 106-55.5 of this article. The variance procedures may not be used to:

Waive, modify or otherwise vary any of the review and approval procedures of this article; or

Waive, vary, modify or otherwise override a condition of approval or requirement imposed by another authorized board or commission.

§ 106-55.2 Burden of proof.

The petitioner seeking the variance shall have the burden of presenting sufficient evidence to allow the ZBA to reach a conclusion as set forth below as well as the burden of persuasion on those items.

§ 106-55.3 Approval process.

Application. Applications for zoning variances may be initiated only by the owner of the subject property or by the owner's authorized agent. Complete applications for a zoning variance must be filed with appropriate personnel in the Town Office.

Public hearing. Once the application has been determined to be complete, the ZBA must hold at least one public hearing on a proposed zoning variance. Notice of said public hearing shall be provided as required by local and state law (see § 106-50.3 for additional information on public hearing notices).

Decisions.

(1)

The ZBA shall decide upon the appeal within 62 days after the closing of the public hearing. The time within which the ZBA may render its decision may be extended by mutual consent of the petitioner and the Board.

(2)

The ZBA may reverse, modify or affirm, in whole or in part, any such appealed order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made in strictly applying and interpreting the provisions of this chapter and for such purposes shall have all the powers of the officer from whom the appeal is taken.

(3)

The decision of the ZBA shall be filed with the Town Office within five business days after the decision is rendered, and a copy mailed to the petitioner.

Appeals. Appeals for interpretation shall be decided by the concurring vote of a majority of the members of the ZBA in compliance with NYS Town Law.

§ 106-55.4 Use variances.

A use variance authorizes the use of land for a purpose that is otherwise not allowed or prohibited by this chapter. A finding of unnecessary hardship is required to properly grant a use variance.

Criteria for use variance. No such use variance shall be granted by the ZBA without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, per NYS Town Law, the applicant shall demonstrate to the ZBA that for each and every permitted use under the zoning regulations for the particular district where the property is located the following conditions exist:

(1)

The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

(2)

The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;

(3)

The requested use variance, if granted, will not alter the essential character of the neighborhood; and

(4)

That the alleged hardship has not been self-created.

Minimum relief necessary. The ZBA, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

§ 106-55.5 Area variances.

An area variance authorizes the use of land that is not allowed by the dimensional or physical requirements set forth in this chapter. An area variance is one that does not involve a use that is otherwise prohibited by this chapter. A finding of practical difficulty is required to properly grant an area variance.

Criteria for area variance. In making its determination, the ZBA shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider the following as required by NYS Town Law:

(1)

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;

(2)

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

(3)

Whether the requested area variance is substantial in relation to the requirement;

(4)

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

(5)

Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.

Minimum relief necessary. The ZBA, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

§ 106-55.6 Imposition of conditions.

The ZBA shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the Town Code, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

§ 106-55.7 Transferability.

Zoning variance approval runs with the land and is not affected by changes of tenancy, ownership, or management.

§ 106-55.8 Amendments.

A request for changes in conditions of approval of a zoning variance must be processed as a new variance application, including the requirements for fees, notices, and hearings.

§ 106-56.1 Applicability.

The Zoning Board of Appeals (ZBA) is authorized to hear and decide appeals where it is alleged there has been an error in interpretation of any Zoning Code provisions or in any order, requirement, decision or determination made by the Code Enforcement Officer.

§ 106-56.2 Right to appeal.

Appeals of administrative decisions may be filed by any person aggrieved by the Code Enforcement Officer. The ZBA is authorized to make determinations about whether individuals filing appeals are aggrieved by the decision or action.

§ 106-56.3 Application filing.

Applications for appeals of administrative decisions must be filed with the Town Office.

Appeals of administrative decisions must be filed within 62 days of the date of the decision being appealed.

§ 106-56.4 Effect of filing.

The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the Code Enforcement Officer certifies to the ZBA, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property.

§ 106-56.5 Record of decision.

Upon receipt of a complete application of appeal, the Code Enforcement Officer or other administrative official whose decision is being appealed must transmit to the ZBA all papers constituting the record upon which the action appealed is taken.

§ 106-56.6 Notice of hearing.

Notice of required public hearings on appeals must be provided as required by the Town Board and by state law. See § 106-50.3 of this chapter for additional information on public hearing notices.

§ 106-56.7 Hearing and final decision.

The ZBA must hold a public hearing on the appeal.

Following the close of the hearing, at the same or subsequent meeting, the ZBA must take action on the appeal.

In exercising the appeal power, the ZBA has all the powers of the official from whom the appeal is taken, and the ZBA may reverse the appeal or affirm the appeal, in whole or in part, or modify the decision being appealed.

In acting on the appeal, the ZBA must grant to the official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.

§ 106-57.1 Town Board.

Final action. The Town Board shall be responsible for final action regarding the following:

(1)

Amendments to the Zoning Map (rezoning); and

(2)

Amendments to the text of this chapter.

Conduct.

(1)

The Town Board may appoint clerks or other employees serving at its pleasure to assist them.

(2)

The Town Board may seek recommendations from other boards, commissions, departments, or agencies, as it deems appropriate.

(3)

Hearings shall be public, and decisions shall be voted upon at public sessions. The Town Board may otherwise hold executive sessions in accordance with the NYS Open Meeting Law.

§ 106-57.2 Planning Board.

Establishment. The Planning Board is established under the provisions of NYS Town Law and by this article.

Membership, terms, and appointments.

(1)

The Planning Board shall consist of seven residents appointed by the Town Board, of which one shall be appointed to serve as the Planning Board Chairperson.

(2)

The terms of the members of the Planning Board shall be seven years each with rolling terms.

(3)

The Town Board may appoint additional clerks or other employees serving at its pleasure to assist the Planning Board.

Alternate members. The position of alternate Planning Board member is hereby created for purposes of substituting for members in the event that a Planning Board member is unable to serve because of a conflict of interest or for any other reason.

(1)

Such alternate Planning Board members shall be appointed by resolution of the Town Board, for terms established by the Town Board.

(2)

The Planning Board Chairperson may designate an alternate member to substitute for a Planning Board member when such member is unable to participate due to a conflict of interest or is otherwise unavailable to participate on an application or matter before the Board, provided that the Town Board has appointed such alternate member to the position of alternate member.

(3)

When so designated, such alternate member shall have 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 designation occurred.

(4)

All other provisions of law 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 alternate members.

Board member training. Planning Board members are required to meet the minimum training requirements each year set forth by NYS Town Law.

Compensation. Compensation of the members of the Planning Board shall be as set forth from time to time by resolution of the Town Board.

Conduct.

(1)

The Planning Board may adopt rules for the conduct of its business consistent with statute and this chapter.

(2)

The Chairperson of the Planning Board, or in the Chairperson's absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses in the manner and to the extent permitted by NYS Town Law and the Civil Practice Law and Rules.

(3)

The Planning Board may seek recommendations from other boards, commissions, or agencies, as it deems appropriate.

(4)

Hearings shall be public, and decisions shall be voted upon at public sessions. The Planning Board may otherwise hold executive sessions in accordance with the NYS Open Meeting Law.

(5)

With regard to attendance by members of the Planning Board at its meetings, the failure to attend any two regular or special meetings of such Board in succession or a total of three such meetings thereof during a calendar year without satisfactory excuse may be determined to be cause by the Town Board for removal of that member from such Board pursuant to § 267, Subdivision 1, of NYS Town Law after a public hearing in accordance with the provisions of said section. The term "satisfactory excuse" shall include illness, accident, other excuses of medical nature, death in the immediate family and such other excuses as the Town Board may regard as acceptable after review thereof.

Minutes. The Town Office shall keep minutes of all proceedings before the Planning Board.

Power and duties. Pursuant to this article, and Article 16 of the New York State Town Law, the Planning Board is hereby authorized and empowered with review authority and final authority as follows:

(1)

Review authority. The Planning Board shall be responsible for reviewing and making advisory recommendations regarding the following:

(a)

Amendments to the Zoning Map (rezoning);

(b)

Amendments to the text of this chapter; and

(c)

Applications for the creation of a planned development district (PDD) or cluster developments.

(2)

Final authority. The Planning Board shall have sole jurisdiction over preliminary review and final action regarding applications for the following:

(a)

Site plan review in accordance with this chapter and pursuant to § 274-a of the New York State Town Law;

(b)

Special use permits in accordance with this chapter and pursuant to § 274-b of the New York State Town Law;

(c)

Subdivision review in accordance with this chapter and pursuant to §§ 276, 277 and 278 of the New York State Town Law.

(3)

General authority. The Planning Board may exercise additional powers as directed by the Town Board and as may be described elsewhere in this chapter and as permitted by NYS Town Law.

§ 106-57.3 Zoning Board of Appeals.

Establishment. The Zoning Board of Appeals (ZBA) is established under the provisions of NYS Town Law and by this article.

Membership, terms, and appointments.

(1)

The ZBA shall consist of five residents appointed by the Town Board, of which one shall be appointed to serve as the ZBA Chairperson.

(2)

Vacancies shall be filled as provided for in the NYS Town Law.

(3)

The terms of the members of the ZBA shall be five years each with rolling terms.

(4)

The Town Board may appoint additional clerks or other employees serving at its pleasure to assist the ZBA.

Alternate members. The position of alternate ZBA member is hereby created for purposes of substituting for ZBA members in the event that a ZBA member is unable to serve because of a conflict of interest or for any other reason.

(1)

Such alternate ZBA members shall be appointed by resolution of the Town Board, for terms established by the Town Board.

(2)

The ZBA Chairperson may designate an alternate member to substitute for a ZBA member when such member is unable to participate due to a conflict of interest or is otherwise unavailable to participate on an application or matter before the Board, provided that the Town Board has appointed such alternate member to the position of alternate member.

(3)

(4)

All other provisions of law relating to ZBA member training, and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.

Board member training. ZBA members are required to meet the minimum training requirements each year set forth by NYS Town Law.

Compensation. Compensation of the members of the ZBA shall be as set forth from time to time by resolution of the Town Board.

Conduct.

(1)

The ZBA may adopt rules for the conduct of its business consistent with statute and this chapter.

(2)

The Chairperson of the ZBA, or in the Chairperson's absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses in the manner and to the extent permitted by NYS Town Law and the Civil Practice Law and Rules.

(3)

The ZBA may seek recommendations from the Planning Board and other agencies, as it deems appropriate.

(4)

Hearings shall be public, and decisions shall be voted upon at public sessions. The ZBA may otherwise hold executive sessions in accordance with the NYS Open Meeting Law.

(5)

With regard to attendance by members of the ZBA at its meetings, the failure to attend any two regular or special meetings of such Board in succession or a total of three such meetings thereof during a calendar year without satisfactory excuse may be determined to be cause by the Town Board for removal of that member from such Board pursuant to § 267, Subdivision 1, of NYS Town Law after a public hearing in accordance with the provisions of said section. The term "satisfactory excuse" shall include illness, accident, other excuses of medical nature, death in the immediate family and such other excuses as the Town Board may regard as acceptable after review thereof.

Minutes. The Town Office shall keep minutes of all proceedings before the ZBA.

Powers and duties. The ZBA shall have all the powers and duties prescribed by NYS Town Law and by this article.

(1)

Final authority. The ZBA shall be responsible for final action regarding the following:

(a)

Applications for variances;

(b)

Administrative appeals;

(c)

Applications for temporary use permits; and

(d)

Amendments to restrictions enacted by the ZBA.

(2)

General authority. The ZBA may exercise additional powers as directed by the Town Board and as may be described elsewhere in this chapter and as permitted by NYS Law.

§ 106-57.4 Code Enforcement Officer.

Appointment of enforcing officer. This chapter shall be administered and enforced by the Code Enforcement Officer, who shall be appointed by the Town Board. The Code Enforcement Officer shall serve at the pleasure of the Town Board.

Duties and powers. It shall be the duty of the Code Enforcement Officer to secure the enforcement of this chapter, subject to the rules, laws, regulations and local laws of the Town Board and Zoning Board of Appeals. Such duties include, but are not limited to:

(1)

Determine completeness of applications as outlined in § 106-50.2B of this chapter;

(2)

Issuance of all permits or certificates required by this chapter. No building permit or certificate of occupancy shall be granted by for any purpose except in compliance with the provisions of this chapter;

(3)

Issuance of a written notice of violation to any person, firm or corporation violating any provisions of this chapter;

(4)

Keep all records of applications, permits or certificates issued or variances granted, inspections made, reports rendered and notices or orders issued;

(5)

Make all inspections as required by this chapter, the Town Board, and NYS Town Law; and

(6)

Perform all other duties as provided in this chapter and/or by NYS Town Law.