In applying and interpreting this chapter, its
provisions shall be held to be minimum requirements adopted for the
promotion of the public health, safety, morals, comfort, convenience
and the general welfare. The following specific regulations shall
apply:
A.
A minimum required lot or yard size for one building
or structure shall not be used in whole or in part as any part of
a required lot or yard for a second structure.
B.
The required lot or yard for an existing building
or structure shall not be diminished below the minimum requirements
of this chapter.
C.
The parking spaces required for one building or structure
shall not be included in the computation of required parking spaces
for a second building or structure or use.
A.
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the New York State Uniform Fire Prevention and Building Code or the provisions of Chapter 73 of this Code or any rules or regulations adopted or issued thereunder or any other provisions of law or regulation existing or as may be adopted in the future when not in conflict with any of the provisions of this chapter. Nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots of land or upon the height of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provision of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
[Amended 12-18-2006 by L.L. No. 6-2006]
B.
Wherever the provisions of any other law or ordinance
or regulations impose a greater restriction than this chapter, the
provisions of such other law or ordinance or regulations shall control.
C.
No provision contained in this chapter shall be construed
as justifying the encroachment of any building or structure within
any street lines now or hereafter laid down on any subdivision plat
filed in the office of the County Clerk or within any federal, state,
county or municipal street or highway.
A.
General.
(1)
It shall be the duty of the Code Enforcement Officer
to administer and enforce the provisions of this chapter.
(2)
Should said Code Enforcement Officer be in doubt as
to the meaning or intent of any provision of this chapter or as to
the location of any district boundary line on the Zoning Map[1] or as to the propriety of issuing a building permit or
a certificate of occupancy in a particular case related to the provisions
of this chapter, he shall appeal the matter to the Zoning Board of
Appeals for interpretation and decision.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Village Clerk.
(3)
The Code Enforcement Officer shall adopt rules of
procedure consistent with this chapter for the purpose of assuring
efficient and uniform administration of its provisions.
(4)
If the Code Enforcement Officer should mistakenly
issue a building permit which violates the provisions of this chapter,
that building permit shall be invalid.
B.
Special exceptions and variances.
[Added 12-1-1997 by L.L. No. 6-1997]
(1)
The Code Enforcement Officer shall maintain a current
list and a map showing existing approved variances and special exceptions
to determine whether the conditions and safeguards placed on variances
and special exceptions by the board or commission with approval authority
are in compliance.
[Amended 12-18-2006 by L.L. No. 6-2006]
(2)
The Code Enforcement Officer, upon written complaint,
shall make an on-site visit to each property receiving a variance
or approved as a special exception. The purpose of said site visit
is to ensure that the use is being operated in accord with the conditions
specified by the board which granted the approval. The Code Enforcement
Officer may act upon his own volition at any time.
[Amended 12-18-2006 by L.L. No. 6-2006]
(3)
If the Code Enforcement Officer shall determine that
a violation of this chapter or the conditions imposed by the Board
approving the variance or special exception exists, the Code Enforcement
Officer shall provide the owner of the premises on which said violation
is known to exist a written order to correct the violation within
10 days of the receipt of the order.
(4)
If the violation cited in the Code Enforcement Officer's
written notice is not corrected within the ten-day period, the owner
of the premises shall be issued an appearance ticket to attend the
next meeting of the Board granting the approval to show cause why
the variance issued or special exceptions granted should not be null
and void.
(5)
If the owner of the premises cited by the Code Enforcement
Officer does not attend the meeting specified in the ticket, the approval
granted by such Board shall be immediately declared null and void.
(6)
After hearing the comments of the owner cited with
the violation, the Board with approval authority may order the violation
to be corrected within a specified time period or choose to reconsider
the conditions imposed at the time the approval was granted. If the
Board chooses to reconsider the matter, the existing conditions would
be allowed to continue until the matter was closed by the appropriate
Board. The process of reconsideration would follow the same procedures
used by the Board with approval authority in the initial review of
the application, including a rehearing and review by the County Planning
Board, if applicable.
(7)
If the Board with approval authority chooses to reaffirm
its earlier decision, the Board shall provide the owner of the premises
with a written order directing the elimination of the violation within
10 days of the receipt of such notice. Unless the owner takes the
necessary steps to remedy the violation or to comply with the special
condition imposed by the Board, the approving Board shall declare
the variance or special exception to be null and void.
A.
All procedure with respect to applications for and issuance of building permits shall be in confonnity with the provisions of the New York State Uniform Fire Prevention and Building Code and Chapter 73 of this Code. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.
[Amended 12-18-2006 by L.L. No. 6-2006]
B.
No building permit shall be issued for the erection,
construction, reconstruction, structural alteration, restoration,
repair or moving of any building or structure or part thereof unless
the plans and intended use indicate that such building or structure
is designed and intended to conform in all respects to the provisions
of this chapter. In addition, no such permit shall be issued unless
the proposed building or structure conforms to all pertinent health
laws, including the Erie County Sanitary Code.
C.
Where a lot is formed from part of an existing lot,
whether already improved or not, the separation must be effected in
such a manner that neither of the lots nor any existing or proposed
improvements thereon contravene the provisions or intent of this chapter.
D.
After completion of footing and establishing of the
forms on the first course of the foundation walls or equivalent structure,
the owner shall notify the Code Enforcement Officer. If required by
the Code Enforcement Officer, the owner shall cause a survey to be
made by a licensed land surveyor, showing the true location of such
foundation walls with respect to the lot lines of the lot, and a copy
of such survey shall be filed with the Code Enforcement Officer before
construction is continued.
[Amended 12-1-1997 by L.L. No. 6-1997]
A.
The following site plan provisions are intended to
secure compliance with the requirements and standards set forth in
this chapter and with accepted professional design practice for such
site improvements as grading, drainage, means of access, signs, architectural
features, screens, sidewalks, curbs, parking, landscaping, fences,
driveways, location and dimension of buildings.
B.
Definition of site plan. As used in this chapter the
term "site plan" shall mean a rendering, drawing or sketch prepared
to specifications and containing necessary elements, as set forth
in this section, which shows the arrangement, layout and design of
the proposed use of a single parcel of land as shown on said plan.
Plats showing lots, blocks or sites which are subject to review pursuant
to authority provided for the review of subdivisions under § 7-728
of the Village Law shall continue to be subject to such review and
shall not be subject to review as site plans under this section.
C.
Approval of site plans. The Planning Board shall review
and approve, approve with modifications or disapprove site plans prepared
to specifications set forth in this chapter and in regulations of
the Planning Board. Other than a single- or two-family dwelling or
its accessory buildings or structures, a building permit or certificate
of occupancy shall not be issued by the Code Enforcement Officer unless
a site plan showing such building or use has been approved by the
Planning Board.
D.
Building permit and certificate of occupancy applications for any building or structure or use, other than a single- or two-family dwelling or its accessory buildings or structures, shall be submitted to the Code Enforcement Officer, together with three copies of a site plan drawn to scale and, in addition to the information and documentation required by the provisions of Chapter 73 of this Code, showing the following things in the detail specified:
[Amended 12-18-2006 by L.L. No. 6-2006]
(1)
Property lines and related street, right-of-way and
easement lines with dimensions shown as determined by a licensed land
surveyor.
(2)
Locations and dimensions of existing and/or proposed
buildings and structures.
(3)
The layout of existing and proposed off-street parking
areas showing the details and dimensions of aisles, driveways and
each parking space.
(4)
Existing topography of the site and immediately adjacent
property as revealed by contours or key elevations as may be required
by the Planning Board and any proposed regrading of the site.
(5)
Size, location and materials for all existing and
proposed stormwater drainage facilities, roads, sidewalks, curbs and
curb cuts and similar structures.
(6)
Existing and proposed street trees, landscaping and
fences.
(7)
Size, location and height of all existing and proposed
outdoor lighting and sign locations.
(8)
The location and size of all gas, electric, water,
sewage, communication and other utility lines planned to service the
site.
E.
Requirements for improvements shown on the site plan
shall be those set forth in this chapter and in rules and regulations
adopted by the Planning Board or in construction specifications adopted
by resolution of the Village Board of Trustees.
F.
Within two business days of its receipt, the Code
Enforcement Officer shall forward one copy of the site plan to the
Planning Board for its approval and one copy to the Superintendent
of Public Works for his or her review and recommendations. Any recommendations
of the Superintendent of Public Works shall be transmitted, in writing,
to the Planning Board and the Code Enforcement Officer within two
weeks of the Superintendent's receipt of the site plan. If the Superintendent
of Public Works has no recommendation with regard to the site plan
submitted, he or she shall report that fact, in writing, within the
same time period to the Planning Board and the Code Enforcement Officer.
G.
Application for area variance. Notwithstanding any
provisions of law to the contrary, where a proposed site plan contains
one or more features which do not comply with the zoning regulations,
applications may be made to the Zoning Board of Appeals for an area
variance pursuant to § 7-712-b of the Village Law, without
the necessity of a decision or determination of the Code Enforcement
Officer or other administrative official charged with the enforcement
of the zoning regulations.
H.
Conditions attached to the approval of site plans.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a proposed site plan. Upon its approval of said site plan, any
such conditions must be met in connection with the issuance of permits
by the Code Enforcement Officer or other applicable enforcement agents
or officers of the Village.
I.
Waiver of conditions. The Planning Board is authorized,
when reasonable, to waive any requirements for the approval, approval
with modifications or disapproval of site plans submitted for approval.
Any such waiver may be exercised in the event that any such requirements
are found not to be requisite in the interest of the public health,
safety or general welfare or inappropriate to a particular site plan.
Any such waiver shall only be exercised by the Planning Board after
an affirmative vote of at least 4/5 of the full membership of said
Board and a statement by the Board as to the reason the waived requirement
is not appropriate or not required in the public interest.
J.
Reservations of parkland on site plans containing
residential units.
(1)
Before the Planning Board may approve a site plan
containing residential units, such site plan shall also show, when
required by the Planning Board, a park or parks suitably located for
playground or other recreational purposes.
(2)
Land for park, playground or other recreational purposes
may not be required until the Planning Board has made a finding that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Village. Such findings shall include an evaluation of the present
and anticipated future needs for park and recreational facilities
in the Village based on projected population growth to which the particular
site plan will contribute.
(3)
In the event that the Planning Board makes a finding pursuant to Subsection J(2) of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof to be established by the Village Board of Trustees. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
(4)
Notwithstanding the foregoing provisions of this subdivision,
if the land included in a site plan under review is a portion of a
subdivision plat which has been reviewed and approved, the Planning
Board shall credit the applicant for any land set aside or money donated
in lieu thereof under such subdivision plat approval. In the event
of resubdivision of such plat, nothing shall preclude the additional
reservation of parkland or money donated in lieu thereof.
K.
Notice to county planning agency. At least 10 days
before any required public hearing, the Planning Board shall mail
notices thereof to the county planning agency, as required by § 239-m
of the General Municipal Law, which notice shall be accompanied by
a full statement of the matter under consideration, as defined in
Subdivision 1 of § 239-m of the General Municipal Law. In
the event that a public hearing is not required, the matter shall
be referred to the county planning agency before final action is taken
thereon, if required by § 239-m of the General Municipal
Law.
L.
Compliance with State Environmental Quality Review
Act. The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations as codified in 6
NYCRR 617.
M.
Decision on site plans. The Planning Board shall make
a decision on the application for site plan approval within 62 days
after the day the application is received. The time within which the
Planning Board must render its decision may be extended by mutual
consent of the applicant and such Board. A site plan shall not be
considered received by the Planning Board until it has received the
established site plan review fee,[1] together with an application and three copies of a plan
that conforms to the requirements of this section and any reasonable
rules of procedure adopted by the Planning Board. The decision of
the Planning Board shall immediately be filed in the office of the
Village Clerk and a copy thereof mailed to the applicant. Nothing
herein shall preclude the holding of a public hearing by the Planning
Board on any site plan approval application.
[1]
Editor's Note: The schedule of fees is on
file in the Village offices.
N.
Building permits and certificates of occupancy for
special exception uses or variances shall be in accordance with the
conditions established by the Planning Board or Zoning Board of Appeals,
respectively.
O.
When an applicant for a building permit or a certificate
of occupancy for a special exception use questions the interpretation
of the site plan requirements, he may appeal the decision to the Zoning
Board of Appeals.
[Amended 11-5-1979 by L.L. No. 11-1979; 12-18-2006 by L.L. No. 6-2006]
Unless more strict or additional requirements are provided in this chapter, all work shall be commenced, performed, completed, inspected and approved in accordance with the requirements of Chapter 73 (Building Construction and Fire Prevention) of the Code of the Village of Springville.
A.
It shall be unlawful to use or to permit the use of
any building, structure, premises, lot or land or part thereof hereafter
erected or altered, enlarged or moved or put into use, in whole or
in part, after the effective date of this chapter or of any building
or structure, premises, lot or land or part thereof of which the use
is changed until a certificate of occupancy has been obtained by the
owner as provided for under the building code.[1]
B.
Requirements for issuance; frequency of inspections.
[Amended 11-5-1979 by L.L. No. 11-1979; 12-1-1997 by L.L. No. 6-1997; 11-1-2004 by L.L. No. 7-2004; 12-18-2006 by L.L. No.
6-2006]
(1)
No certificate of occupancy shall be issued for any
building, structure, premises, lot or land unless the erection, construction,
structural alteration, restoration, repair or moving of such building
or structure or part thereof and the intended use thereof are in conformity
in all respects with the provisions of this chapter. Where the approval
of the Erie County Department of Health is required, no certificate
of occupancy shall be issued until such approval has been granted,
in writing. The Code Enforcement Officer shall receive a written order
from the Fire Inspector before issuing a certificate of occupancy
in a case involving an inspection required by the New York State Uniform
Fire Prevention and Building Code.
(2)
Firesafety and property maintenance inspections shall be performed for specific uses as required by Chapter 73 of this Code; certificates of occupancy for such uses shall be valid for periods having durations equal to their respective inspection schedules after which time a new fire inspection and certificate of occupancy shall be required.
(3)
In the event that the New York State Uniform Fire
Prevention and Building Code should require periodic inspections of
other classes of uses or should require more frequent inspections
than those required by this section, then those other and more frequent
inspection schedules and corresponding durations of their certificates
of occupancy shall apply as a requirement of this article.
C.
The Code Enforcement Officer shall obtain a written order from the Planning Board before issuing a certificate of occupancy in a case involving a special exception use pursuant to Article X and shall obtain a written order from the Zoning Board of Appeals before issuing a certificate of occupancy involving a variance from the provisions of this chapter pursuant to Article XI.
[Amended 4-7-1980 by L.L. No. 1-1980; 12-1-1997 by L.L. No.
6-1997]
Fees for building permit applications and for
issuance of building permits and certificates of occupancy shall be
as set forth from time to time by resolution of the Board of Trustees.[1]
[1]
Editor's Note: A fee schedule is on file in
the Village offices.
