A.
This chapter shall be administered and enforced by the Building Inspector/Code
Enforcement Officer (CEO) of the Village of Churchville, or as specifically
designated herein.
B.
It shall be the duty of the CEO to secure the enforcement of this
chapter, subject to the rules, laws, regulations and local laws of
the Village of Churchville. Such duties include, but are not limited
to:
(2)
Issuing all permits or certificates in conformance with this
chapter;
(3)
Issuing a written notice of violation to any person, firm or
corporation violating any provisions of this chapter;
(4)
Keeping all records of applications, permits or certificates
issued or variances granted, inspections made, reports rendered and
notices or orders issued;
(5)
Making all inspections as required by this chapter, the Village
Board, and New York State Village Law; and
(6)
Performing all other duties as provided in this chapter, by
the Village Board, or by New York State Village Law.
A.
Establishment. The establishment of the Village of Churchville Board
of Trustees is provided for in Part I of the Village Charter. Where
noted in this chapter, the Village Board shall have full authority
to administer and enforce this zoning law.
B.
Conduct. As administrators and enforcers of this chapter, the Village
Board is hereby entitled to the following methods of conduct:
(1)
The Village Board may adopt rules for the conduct of its business
consistent with statute and this chapter.
(2)
The Village Board may appoint clerks or other employees serving
at its pleasure. The Village Board may also appoint clerks or other
employees to serve at the pleasure of the Planning Board or ZBA.
(3)
The Village Board may seek recommendations from other boards,
commissions, agencies, or professionals as it deems appropriate.
(4)
The Village Board shall hold public hearings as required by
this chapter and decisions shall be voted upon at public sessions.
The Village Board may otherwise hold executive sessions in accordance
with the New York State Open Meetings Law.
C.
Minutes. The Village Clerk, or the Clerk's designee, shall keep minutes
of all proceedings before the Village Board.
A.
Establishment and continuance. Per § 7-718 of New York
State Village Law, the Planning Board previously established under
local law and still in existence at the time of this chapter's enactment
shall hereby be continued.
B.
Membership, terms, and appointments.
(1)
The Planning Board shall consist of five members appointed by
the Village Board. One of such members shall be appointed as Chairperson
by the Mayor and the Village Board, and if no appointment as Chairperson
is made, then the Board itself may elect its own Chairperson until
such time as a Chairperson is so appointed.
(2)
Planning Board members must be residents of the Village. No
current Trustee of the Village of Churchville may serve as a member
of the Planning Board.
(3)
The terms of the members of the Planning Board shall be five
years commencing April 1 of the year appointed, unless such appointment
is to fill an unexpired term of a previous member.
(4)
The Village Board shall appoint a Secretary of the Board to
serve at the pleasure of the Planning Board.
(5)
The Village Board may appoint additional clerks or other employees
serving at its pleasure to assist the Planning Board.
C.
Vacancy. If a vacancy occurs other than by expiration of term, the
Village Board shall appoint a new member for the unexpired term.
D.
Alternate members. Two positions of alternate Planning Board members
are 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 Village Board, for terms established by the Village
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 Planning Board,
provided that the Village 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.
E.
Member training.
(1)
During the first two years of appointment, all members of the
Planning Board must complete a minimum of at least 10 training hours
of the Monroe County Land Use and Decision Making Program or equivalent
seminars offered by a state, county or regional agency or association,
or as otherwise scheduled by the Village Board.
(2)
In each year of service subsequent to the first two years of
the appointment, all members of the Planning Board are required to
complete at least four additional training hours.
(3)
If training hours associated with a class, program or seminar
are unknown at the time of approval for attendance at these training
sessions, the Village Board will review the course schedule and apply
training hours at its discretion.
F.
Compensation. Compensation in an amount to be determined according
to the current fiscal year budget of the Village of Churchville shall
be paid to all members. Compensation is subject to review by the Village
Board annually as part of the Village budgeting process.
G.
Conduct.
(1)
The Planning Board may adopt rules for the conduct of its business
consistent with statute and this chapter.
(2)
All members are required to attend and take an active part in
all scheduled meetings. If a member is unable to attend a meeting,
the member must notify the Secretary of the Board so that an alternate
member can be called upon to attend.
(3)
In the absence of a Chairperson, the Planning Board may designate
a member to serve as acting Chairperson.
(4)
The Planning Board may seek recommendations from Village departments,
the ZBA, other boards, and other agencies, as it deems appropriate.
(5)
The Planning Board shall hold public hearings as required by
this chapter and decisions shall be voted upon at public sessions.
The Planning Board may otherwise hold executive sessions in accordance
with the New York State Open Meetings Law.
H.
Minutes. The Secretary of the Board shall keep minutes of all proceedings
before the Planning Board and records of all decisions rendered.
I.
Removal. The Village Board shall have the power to remove, after
public hearing, any member of the Planning Board for cause. Cause
for such removal shall include, but not be limited to:
(1)
Absence from three consecutive regular or special meetings other
than for illness or valid personal reasons substantiated by documented
evidence;
(2)
Absence from 50% of the regularly scheduled or special meetings
within any twelve-month period other than for illness or valid personal
reasons substantiated by documented evidence; or
(3)
Failure to obtain and comply with the training requirements
as set forth in this chapter.
J.
Power and duties.
(1)
Pursuant to this article and New York State Village Law, the
Planning Board is hereby authorized and empowered with review and
advisory authority for the following actions:
(3)
The Planning Board may exercise additional powers as directed
by the Village Board and as may be described elsewhere in this chapter
and as permitted by New York State Village Law.
A.
Establishment and continuance. Per § 7-712 of New York
State Village Law, the Zoning Board of Appeals (ZBA) previously established
under local law and still in existence at the time of this chapter's
enactment shall hereby be continued.
B.
Membership, terms, and appointments.
(1)
The ZBA shall consist of five members appointed by the Village
Board. One of such members shall be appointed as Chairperson by the
Mayor and the Village Board, and if no appointment as Chairperson
is made, then the Board itself may elect its own Chairperson until
such time as a Chairperson is so appointed.
(2)
ZBA members must be residents of the Village. No current Trustee
of the Village of Churchville may serve as a member of the ZBA.
(3)
The terms of the members of the ZBA shall be five years commencing
April 1 of the year appointed, unless such appointment is to fill
an unexpired term of a previous member.
(4)
The Village Board shall appoint a Secretary of the Board to
serve at the pleasure of the ZBA.
(5)
The Village Board may appoint additional clerks or other employees
serving at its pleasure to assist the ZBA.
C.
Vacancy. If a vacancy occurs other than by expiration of term, the
Village Board shall appoint a new member for the unexpired term.
D.
Alternate members. Two positions of alternate ZBA members are hereby
created for purposes of substituting for 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 Village Board, for terms established by the Village 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 ZBA, provided that the Village
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 ZBA meeting at which
the designation occurred.
(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.
E.
Member training.
(1)
During the first two years of appointment, all members of the
ZBA must complete a minimum of at least 10 training hours of the Monroe
County Land Use and Decision Making Program or equivalent seminars
offered by a state, county or regional agency or association, or as
otherwise scheduled by the Village Board.
(2)
In each year of service subsequent to the first two years of
the appointment, all members of the ZBA are required to complete at
least four additional training hours.
(3)
If training hours associated with a class, program or seminar
are unknown at the time of approval for attendance at these training
sessions, the Village Board will review the course schedule and apply
training hours at its discretion.
F.
Compensation. Compensation in an amount to be determined according
to the current fiscal year budget of the Village of Churchville shall
be paid to all members. Compensation is subject to review by the Village
Board annually as part of the Village budgeting process.
G.
Conduct.
(1)
The ZBA may adopt rules for the conduct of its business consistent
with statute and this chapter.
(2)
All members are required to attend and take an active part in
all scheduled meetings. If a member is unable to attend a meeting,
the member must notify the Secretary of the Board so that an alternate
member can be called upon to attend.
(3)
In the absence of a Chairperson, the ZBA may designate a member
to serve as acting Chairperson.
(4)
The ZBA may seek recommendations from Village departments, the
Planning Board, other boards, and other agencies, as it deems appropriate.
(5)
The ZBA shall hold public hearings as required by this chapter
and decisions shall be voted upon at public sessions. The ZBA may
otherwise hold executive sessions in accordance with the New York
State Open Meetings Law.
H.
Minutes. The Secretary of the Board shall keep minutes of all proceedings
before the ZBA and records of all decisions rendered.
I.
Removal. The Village Board shall have the power to remove, after
public hearing, any member of the ZBA for cause. Cause for such removal
shall include, but not be limited to:
(1)
Absence from three consecutive regular or special meetings other
than for illness or valid personal reasons substantiated by documented
evidence;
(2)
Absence from 50% of the regularly scheduled or special meetings
within any twelve-month period other than for illness or valid personal
reasons substantiated by documented evidence; or
(3)
Failure to obtain and comply with the training requirements
as set forth in this chapter.
The CEO is empowered to cause any building, structure, or tract
of land to be inspected and examined and to order in writing the remedying
of any condition found to exist in violation of any provisions of
this chapter. After any such order has been served, no work shall
proceed on any building, structure, or tract of land covered by such
order except to correct the violation or to comply with such order.
A.
Penalties for offenses. Any person, firm, corporation, business, agent or others violating any provision of this chapter, or who or which shall violate or fail to comply with any order or regulation made thereunder, or who or which shall build in violation of any statement, specification or plan submitted thereunder, or who or which shall violate any certificate or permit issued thereunder, or who or which shall continue to work upon any structure, after service of a notice in writing from the CEO of the Village of Churchville to desist therefrom, shall, upon conviction thereof, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Village of Churchville.
B.
Notice of penalty. Service of the notice hereinbefore mentioned shall
be sufficient if directed to such owner, agent of the owner or contractor,
and left at his or its last known place of residence or place of business
if within the Village of Churchville, and if no place of residence
or place of business be so found, then the notice shall be served
by posting the same in a conspicuous place on the premises which are
the subject of the violation.
C.
Enforcement authority. Nothing in this chapter shall be construed
as depriving or limiting the Village of Churchville or the Village
Board thereof of any other available remedy, by injunction or otherwise,
but said Village of Churchville and the Village Board thereof shall
have such other remedies as are provided by law to restrain, correct
or abate any violation of this chapter.
