Homer Village City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 228-41 Site plans.
Application. Each application for a site plan review shall be in a form acceptable to the Code Enforcement Officer; however, said application must contain the following:
A statement of development or use intent;
A listing of the names of all owners and their agents;
A listing of the names of all developers and their agents;
A listing of all tenants, lessees or sublessees and their agents;
The address of the applicant for the receipt of mail;
Identification of the parcel subject to site plan review, listing the following:
A depiction showing the location of all buildings and structures, parking areas, drives, pedestrian thoroughfares, landscaping, developed open space, recreational areas, setbacks, ingress and egress points, utility systems and drainage systems;
In the event of new construction, a depiction showing the construction sequence, proposed utility systems and any other development, ownership and maintenance of open spaces, if any; using a 1:20 scale.
The application shall additionally show the following:
The location of the maximum number of points of access to public streets;
The location and size of signs;
The nature of the existing land use for 200 feet outside the boundaries of the parcel;
Evidence of the compatibility of the proposed use with the Village Comprehensive Plan.
For floodable and wetland areas, the application shall additionally show the following:
The relationship of the proposed development to the location of any channel or floodway, and the flood plan elevation;
Cross section, complete with the elevation of adjoining land areas astride of said channel or floodway, as well as a cross-section area to be occupied by the proposed development,
Development plans showing:
Procedure.
The Code Enforcement Officer shall:
Provide all necessary application forms to an applicant seeking site plan review and advise said applicant as to the requirements for completing said application.
Upon the completion of an application for site plan review, forward the same to the Planning Board within 15 days from the receipt thereof.
The application for site plan review shall be scheduled for a hearing at the next available monthly meeting of the Planning Board, upon notice to the applicant at the address provided as part of the application for site plan review.
After discussions with the applicant and due deliberation being had upon the application, the Planning Board must take one of the following actions within 45 days of its receipt of said applications. Where the Planning Board modifies a site plan or disapproves a site plan, it must offer to the applicant specific reasons for its action which are within its stated regulatory powers as expressed in § 228-41A, herein.):
In the event that no action is taken by the Planning Board after a review of the plan with the applicant or no action is taken within 45 days of receipt of the application, such will constitute an approval by the Planning Board.
In the event of approval with modification of the site plan or disapproval of the site plan by the Planning Board, the Planning Board will provide to the applicant, in writing, its findings in support of either said disposition, mailed to the address provided as part of the application for site plan review.
A record of the decisions of the Planning Board shall be maintained by the Board, with a copy provided to the Village Clerk and the Code Enforcement Officer.
§ 228-42 Code Enforcement Officer; powers and duties.
The provisions of this chapter shall be administered and enforced by a person appointed by the Board of Trustees as the Code Enforcement Officer. No zoning permit or certificate of occupancy required hereunder shall be issued by the Code Enforcement Officer except in compliance with the provisions of this chapter or as directed by the Board of Appeals under the provisions of § 228-51. The Code Enforcement Officer shall have the power and authority to make such inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this chapter.
§ 228-43 Zoning permits.
Before any structure may be erected, altered or moved or enlarged and/or excavation begun, a zoning permit must be obtain from the Code Enforcement Officer, except that no zoning permit will be required for the performance of ordinary repairs which are not structural in nature. Before a permit may be issued, it shall be determined that all the regulations of the NYSBC and this chapter are complied with.
A fee may be charged for every permit issued. The amount of such fee shall be determined by the Village Board. A zoning permit shall be void at the expiration of 180 days following the date of issuance, unless footing forms and foundation stakes are placed ready for inspection within such 180-day period or, if none are to be placed in connection with the proposed building or addition, construction is actually commenced within such 180-day period. For good cause, a maximum of two extensions for periods not exceeding 90 days each may be allowed which must be applied for before the zoning permit expires or such zoning permit becomes null and void.
§ 228-44 Certificates of occupancy.
A certificate of occupancy shall be applied for coincident with the application for a zoning permit. Said certificate of occupancy shall be issued by the Code Enforcement Officer upon the completion of the construction designated in the zoning permit, provided that the completed structure and its intended use comply with all the provisions of this chapter and the NYSBC. Said certificate of occupancy shall be issued or denied within 10 days from the date such erection or alteration is has its final inspection by the Code Enforcement Officer. A record of all certificates of occupancy shall be maintained by the Code Enforcement Officer. Copies shall be furnished upon request to any person having a priority or tenancy interest in the building affected.
§ 228-45 Complaints.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall properly record such complaint and investigate any report thereon. The Code Enforcement Officer, upon completion of his or her investigation, shall file a report with the Village Board of Trustees.
§ 228-46 Penalties for offenses.
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be guilty of an offense and, upon conviction thereof, shall be subject to a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, per violation.
Where a structure is completed and occupied without the issuance of the certificate of occupancy, by the Code Enforcement Officer, this shall constitute a violation of this chapter.
§ 228-47 County approval.
No zoning permit shall be issued for construction as required herein on any premises which is not served by a public sewage disposal system and public water distribution system until a preliminary approval has been obtained from the Cortland County Health Department for a private sewage system and a private water supply system.
§ 228-48 Compliance required.
The provisions of this chapter shall be met before a zoning permit is issued by the Code Enforcement Officer. All buildings or structures shall conform to the New York State Uniform Fire Prevention and Building Code.
§ 228-49 Amendments.
The Village Board of Trustees may from time to time, on its own motion or by recommendation or petition of the Planning Board, amend, supplement, change, modify or repeal the regulations and provisions of this chapter following a public hearing and in accordance with law. Each such proposed amendment or change shall be referred to the Planning Board for report thereon before the public hearing provided for above.
In accordance with the General Municipal Law of the State of New York, §§ 239-1 and 239-m, all proposed zoning regulations or any amendment thereof which would change the district classification of or the regulations applying to real property lying within areas defined by the aforementioned sections and any proposed special permit or variance affecting land or buildings within the defined areas shall be referred to the county or regional planning agency of Cortland County for review and comment prior to final action by the appropriate Village body.