[Amended 11-5-2007 by L.L. No. 8-2007]
A. Prior to the issuance of a building permit, approval by the Floodplain
Administrator shall be required if the lot or lots included within
the application for a permit abut one or more banks of a waterway.
B. Any application for a permit or development shall include evidence
that the proposed action will not cause deterioration of the bank
of a waterway, that proper conservation methods will be employed to
protect the bank and that the bank of any waterway will be restored
to an acceptable condition and maintained in a proper manner. In considering
and approving the application, the Floodplain Administrator shall
take into consideration the following:
(1) Satisfactory approval of any proposal by the State Department of
Environmental Conservation, specifically that state's review
process under Article 5 of the Stream Protection Law. The Department
of Environmental Conservation will advise the applicant of measures
that can be taken to protect the banks.
(2) Compliance with the State Environmental Quality Review Act (SEQRA),
Environmental Conservation Law § 8-0101 et seq., which provides
that all applications shall be reviewed to determine whether there
will be a significant environmental impact caused by the development.
If a significant impact is expected, an environmental impact statement
shall be required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3) The applicant shall submit evidence that the bank shall be maintained
in a natural condition or improved to a natural condition suitable
to the Floodplain Administrator to include sloping of the bank, seeding
and mulching of the bank, adding stone to the lower portion of the
bank to prevent erosion and planting vegetation on the bank to enhance
it as a wooded area. An application for a building permit shall include
the proposal for treatment on a drawing required by the Floodplain
Administrator or shall submit along with the application for a permit
a statement prepared by a licensed engineer or other appropriate professional
the action to be taken by the applicant to protect or restore the
banks.
(4) The Floodplain Administrator may conduct public hearings before issuing
a decision.
All solar energy systems and equipment that are incorporated
into a building or are detached collectors adjacent to the building
shall meet the applicable local and/or state specifications, standards
and regulations governing construction and operations. Information
shall be supplied on a plan along with the application for a building
permit showing the dimensions and location of the solar energy systems
and equipment and that the location of the same will assure proper
operation. If trees or other vegetation on the lot in question prevent's
the proper operation of the equipment, then the applicant shall provide
a written plan, prepared by a duly licensed tree surgeon or other
qualified professional, for the trimming of trees or vegetation to
assure proper operation of the equipment. The expense of maintaining
continuing solar access and operation of the systems or equipment
shall be borne by the applicant.
All applications for building permits shall be accompanied by
written approval from the Village Board of Trustees or, if such approval
is not required, by a drawing or plot plan in duplicate or as required
by the Code Enforcement Official showing, with dimensions, the lot
lines, the building or buildings, the location of buildings on the
lot and such other information as may be necessary to provide for
the enforcement of these regulations, including, if necessary, a boundary
survey and a staking of the lot by a competent surveyor and complete
construction plans. The drawings shall contain suitable notations
indicating the proposed use of all land and buildings. A careful record
of the original copy of such applications and plats shall be kept
in the offices of the Code Enforcement Official, and a duplicate copy
shall be kept at the building at all times during construction. In
a particular case, the Code Enforcement Official may waive the requirement
for plot plans when such plan is clearly unnecessary to a decision
or the record on the case.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or persons violating the provisions of this chapter
shall be punishable by a fine not exceeding $250, imprisonment for
not more than 15 days, or both.