[Added 10-18-2010 by L.L. No. 8-2010; amended in its entirety 3-10-2014 by L.L. No. 1-2014]
Any membership association or the members thereof, whether unincorporated or incorporated, may provide domestic, social or other facilities or services to the association or the members thereof as a fraternity or sorority with at least one member residing in the residence where the services are to be provided within the Village of Delhi as a special use conforming to the provisions in this chapter upon obtaining a fraternity or sorority house special use permit from the Village of Delhi Planning Board. Such permit shall be renewed annually and shall cover the time period of June 1 through May 31.
For purposes of this article only, any fraternities or sororities existing prior to the enactment of this article, October 18, 2010, shall not be required to obtain a special use permit as set forth in this article. However, any fraternities or sororities existing prior to the enactment of this article shall be subject to and required to comply with all other sections of this article. For purposes of § 300-60.11, any fraternities or sororities existing prior to the enactment of this article must provide the annual fee and plan specified therein annually for review by the Code Enforcement Officer.
In addition to any and all requirements by the Village of Delhi Planning Board, each applicant for a special use permit under this chapter shall submit three copies of its plan to utilize a respective property within the Village of Delhi as a fraternity or sorority house to the Code Enforcement Officer, along with a nonrefundable fee set by the Board of Trustees. The Code Enforcement Officer will review the plan and present it to the Village of Delhi Planning Board for consideration along with any and all other requirements by the Village Planning Board for a special use permit. Such plan shall include:
The date by which the applicant and members thereof will learn and implement SUNY Delhi's and the applicant chapter's risk-management policies, which shall include all policies regarding alcohol, personal and fire safety issues.
The names, dates of birth and phone numbers of the individuals seeking to reside at the applicant's proposed location.
The phone numbers of applicant officers, resident advisers, community/college liaisons and the applicant's landlord.
That the applicant has obtained, or will be able to obtain, a certificate of compliance.
That the applicant has complied with, or is able to comply with, all rules, regulations and specifications promulgated by the Village of Delhi pursuant to this article.
To commence and maintain operation of a fraternity or sorority house within the Village of Delhi, each applicant and its members thereof must comply and remain in compliance with each and every of the following requirements:
The premises sought to be utilized by the applicant as a fraternity or sorority house must have a certificate of compliance and be current on all required inspections, including but not limited to smoke and fire detection and alarm systems and electrical and heating systems. Copies of all inspection reports shall be provided to the Code Enforcement Officer upon request.
The premises must have monthly firesafety inspections conducted by a qualified, nonresident adult (landlord/agent). A written report of such inspection shall be submitted to the Code Enforcement Officer.
The membership association must meet annually, or as requested, with the Village of Delhi Police Department and the Delhi Fire Department for an educational session during the month of September.
Each member of the applicant must learn and implement SUNY Delhi's and the chapter's risk-management policies, especially regarding alcohol, personal and fire safety issues.
The membership association will obtain from the Village Clerk's office an annual neighbors' notification list by the end of the month of August of each calendar year. The membership association shall mail or deliver a letter to all neighbors or property owners, providing neighbors with the phone numbers of group officers, resident advisers, community/college liaisons and the landlord.
No signs shall be hung or attached to any portion of the premises, except those signs that are in compliance with provisions set forth in § 300-46, Signs and billboards.
The membership association and its members must comply with all local, state and federal laws and rules.
The Village Board of Trustees is hereby authorized to promulgate appropriate rules, regulations and specifications regulating the operation of fraternity and sorority houses. These rules may include the maximum occupancy, sound limitations, cleaning of the area, parking limitations and other rules as it may deem necessary.
Upon a finding by the Code Enforcement Officer that an applicant or recipient of a special use permit has violated any provisions of this article or any of the rules, regulations or specifications then in effect, the Code Enforcement Officer shall give notice to the applicant or recipient of the special use permit to correct said violation within 24 hours of receipt of said notice by the applicant or recipient of the special use permit. Notice shall be given by the Code Enforcement Officer by certified mail, return receipt requested, to the applicant or recipient of the special use permit, by personal delivery to an officer, resident adviser, community/college liaison or the landlord of the applicant or recipient of the special use permit. Upon failure by the applicant or recipient to correct said operational violation within 24 hours, the Code Enforcement Officer may revoke the applicant's or recipient's special use permit issued pursuant to this article. The Code Enforcement Officer may, in his/her sole judgment, give a violator reasonable time to repair or correct any violation of any provision of this article.
In addition to or instead of a revocation of the special use permit, any applicant or recipient of a special use permit herein may also be subject to the following:
Any applicant or recipient of special use permit herein who violates any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $250. Each day that such violation continues shall constitute a separate violation.
Any applicant or recipient of a special use permit herein who violates any of the provisions of this article or at whose premises a violation of Chapter 192, Noise, of the Village of Delhi Code occurs two times in one year shall have its special use permit revoked for one full year and shall not be eligible for another special use permit until the expiration of one full calendar year.