[Adopted 4-19-2004 by L.L. No. 1-2004 (Ch. 116, Art. VI,
of the 1987 Code)]
The Board of Trustees of the Village of Liverpool recognizes
that, because of the age and history of the Village of Liverpool,
many buildings, both residential and commercial, were constructed
encroaching into the streets, sidewalks, easements and/or rights-of-way
of the Village of Liverpool. The Board of Trustees of the Village
of Liverpool further recognizes that these buildings have existed
in their present location for a period of time prior to the enactment
of the Villages' Zoning Ordinance and to require the removal
of the encroaching portion(s) of the buildings would result in a significant
economic hardship to the owner(s) along with possibly causing aesthetic
and structural damage to the structures.
As used in this article, the following terms shall have the
meanings indicated:
A structure having a roof and being fully or partially enclosed
within exterior walls or within exterior and/or party walls which
afford shelter to persons, animals, businesses, or other property.
The intrusion of any portion of a building and/or structure
into the street(s), sidewalk(s), easement(s) and/or right(s)-of-way
of the Village of Liverpool.
Written permission from the Village of Liverpool to construct
and/or maintain building encroachments into the street(s), sidewalk(s),
easement(s) and/or right(s)-of-way of the Village of Liverpool.
The owner(s) of a residential or commercial building may request
from the Village of Liverpool, or its designated agency, the issuance
of a license in accordance with the provisions herein.
For the purpose of this chapter, any such encroaching building
heretofore erected or placed or encroaching into any street(s), sidewalk(s),
easement(s) and/or right(s)-of-way of the Village of Liverpool may
continue to be maintained in its present location upon the issuance
of a license by the Village of Liverpool Board of Trustees or its
designated agent.
Applicant(s) for a license maintaining an encroachment into
the street(s), sidewalk(s), easement(s) and/or right(s)-of-way in
the Village of Liverpool shall submit the following:
A.
Name, address and telephone number of the applicant(s);
B.
If the applicant is a corporation, the name, address and telephone
number of all corporate officers and directors;
C.
A survey prepared by a licensed land surveyor showing the location
of the building and the encroachment(s) for which the license is sought;
D.
A short-form environmental assessment form, pursuant to Article 8
of the Environmental Conservation Law of the State of New York and
applicable local laws of the Village of Liverpool.
E.
Such other information as the applicant(s) may consider relevant
or as may be required by the Village of Liverpool Board of Trustees.
[Added 10-27-2008 by L.L. No. 6-2008]
Applicants for a license under this article shall be solely
responsible for all reasonable and necessary costs and expenses associated
with the review, approval, denial and/or granting of such licenses
including such costs and expense incurred by the Village of Liverpool.
No license granted shall be effective until such time as the costs
and expense incurred by the Village of Liverpool are reimbursed to
the Village by the applicant.
A public hearing must be held in regards to the granting of
the license. Notice of the public hearing shall be published in the
official newspaper of the Village of Liverpool at least five days
prior to the hearing. A copy of the notice of public hearing shall
be mailed, via certified mail, return receipt requested, at the applicants'
expense, to each of the buildings' owners, if other than the
applicant(s), and to all of the property owners within 200 feet of
the subject building. Proof of said mailing must be submitted by the
applicant(s), on or before the date of the public hearing.
The Village of Liverpool Board of Trustees may grant the license,
deny the license or grant the license with stated conditions.
If any part or provision of this article or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances,
and the Board of Trustees of the Village of Liverpool hereby declares
that it would have passed this article or the remainder thereof had
such invalid application or invalid provision been apparent.
This article shall take effect immediately upon the filing in
the office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.
