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
or 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 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
or use 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
Building Code[1] or any rules or regulations adopted or issued thereunder
or any other provisions of law or ordinance or regulations, 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, lot or 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 provisions of law, ordinance or regulation
or by such easements, covenants or agreements, the provisions of this
chapter shall control.
B.
Wherever the provisions of any other law or regulations
impose a greater restriction than this chapter, the provisions of
such other law 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 state, county
or municipal road.
A.
It shall be the duty of the Building Inspector to
administer and enforce the provisions of this chapter.
B.
Should said Building Inspector 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 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 Board of Appeals for interpretation and decision.
C.
The Building Inspector shall adopt rules of procedure
consistent with this chapter for the purpose of assuring efficient
and uniform administration of its provisions.
D.
If the Building Inspector should mistakenly issue
a building permit which violates the provisions of the chapter, that
building permit shall be invalid.
A.
All procedures with respect to applications for and
issuance of building permits shall be in conformity with the provisions
of the Building Code.[1] All such applications shall be accompanied by such other
information as may be necessary to determine and provide for the enforcement
of this chapter.
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.
C.
Where a lot is formed from part of an existing lot,
whether already improved or not, the separation must be effected in
such manner that neither of the lots, nor any existing or proposed
improvements thereon, contradict the intent or the provisions of this
chapter.
D.
After completion of footings and establishing of the
forms on the first course of the foundation walls or equivalent structure,
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 Building Inspector before any further construction is commenced.
[Amended 6-23-1986 by L.L. No. 6-1986; 10-11-1988 by L.L. No. 6-1988; 10-8-1993 by L.L. No. 4-1993]
A.
Site plan requirements. No building permit or certificate
of occupancy for any building or structure or use, other than a one-
or two-family dwelling or permitted accessory buildings, structures
or uses thereto, shall be issued unless the Planning Board has previously
approved a site plan pursuant to this section. Continued compliance
with the approved final site plan shall be a requirement of the continued
validity of any certificate of occupancy. In the B-SC District, site
plan review and approval are not required for changes of use of existing
shopping center space that is not proposed to be modified or enlarged
in a manner that would conflict with a valid existing site plan. In
the I-2 District, site plan review and approval are not required for
changes of use of existing buildings and grounds to another use that
is permitted in the I-2 zone, provided that the change of use will
not result in the enlargement of the existing building or material
changes to exterior parking areas that would conflict with the requirements
of a valid existing approved site plan.
[Amended 6-23-2003 by L.L. No. 3-2003; 5-8-2006 by L.L. No. 4-2006]
B.
Site plan approval. The purpose of site plan review
and approval is to secure compliance with the purposes and provisions
of this chapter of the Village of Maybrook and with professional design
practice for site improvements, including but not limited to location
and dimensions of buildings, drainage, sidewalks, curbing, parking,
means of access, landscaping, buffering, fences, storage, signs, grading,
utilities, impact on adjacent land uses and other elements that reasonably
relate to the health, safety and general welfare of the community.
C.
Site plan contents.
(1)
Site plans shall be prepared by a professional engineer,
legally qualified architect, landscape architect or surveyor licensed
in the State of New York.
(2)
A site plan shall contain the following information:
(a)
A detailed development plan showing the applicant's
entire property, lot area, adjacent properties and owners thereof
and streets, at a convenient scale.
(b)
The location, width and purpose of all existing
and proposed easements, restrictions, covenants, reservations and
setbacks.
(c)
The proposed location, use and exterior design
of all buildings and structures, together with relevant floor areas
and elevations.
(d)
Any proposed division of buildings or structures
into units of separate occupancies.
(e)
Existing topography at two-foot contours and
proposed grade elevations, watercourses, marshes, areas subject to
flooding, designated wetlands, wooded areas, large trees, rock outcrops
and any other existing natural site features.
(f)
The number, location and nature of all parking
and truck loading areas with access and egress drives and curb cuts,
together with appropriate profiles.
(g)
The location of outdoor storage areas, if any.
(h)
The location of all existing and proposed site
improvements, including drains, culverts, retaining walls, fences
and sidewalks.
(i)
A description of the method of sewage disposal
and water supply, the location of such facilities and the impact on
community sewage and water systems.
(j)
The location, size and illumination of signs.
(k)
The location and design of lighting facilities.
(l)
The location and proposed development of landscaping,
screening and buffer areas.
(m)
A tree preservation plan to ensure that land
stripping techniques are not used to develop the site.
(n)
An erosion control plan.
(o)
If the site plan shows only a first stage of
development, the Planning Board may require a supplementary plan indicating
ultimate development.
(p)
A summary box showing required yards, yards
provided, square footage calculations, Zoning District density calculations
and height calculations.
(q)
Any other pertinent information deemed necessary
by the Planning Board to determine conformity of the site plan with
the intentions of this chapter.
D.
Waiver. Specific requirements of Subsection C may be waived by resolution of the Planning Board. In waiving any requirement, the Planning Board shall set forth the reason for said waiver.
E.
Procedure.
(1)
Application for site plan approval shall be made directly
to the Secretary of the Planning Board in the form required by said
Board. Said application shall also include the site plan, environmental
assessment form and an application fee, which fee shall be established
and amended from time to time by resolution of the Board of Trustees.
(2)
Preliminary review. After submission of an application,
the applicant shall meet with the Planning Board for the purpose of
discussing proposed uses or development and to determine conformity
with the provisions and intent of this chapter.
(3)
No decision by the Planning Board to approve or deny
a site plan application shall be made until after either a public
hearing has been held or, in the exercise of its discretion, the adoption
of a resolution waiving the requirement of a public hearing. Written
notice of said hearing shall be published in the official newspaper
and posted at Village Hall and sent by the applicant at his expense
by certified mail, return receipt requested, at least seven days prior
to the date of the hearing to all known property owners within 300
feet of each boundary of the subject property. Such other notice as
required by Article 12-B of the General Municipal Law, Article 8 of
the Environmental Conservation Law and other applicable laws shall
be given.
F.
Other required considerations. In considering and acting upon any site plan, the Planning Board shall consider, in addition to the elements and items set forth in Subsections B and C, the site layout and overall appearance of all buildings in the proposed site to ensure a harmonious relationship with the existing or permitted development of contiguous land and adjacent neighborhoods, to ensure that the value of adjacent land and buildings will be conserved, to encourage the most appropriate use of land and to protect the public interest and the integrity of the community and this chapter.
G.
Protective plantings. The site plan for any nonresidential
building or use which abuts a residential district shall include a
protective planting strip not less than six feet wide, situated within
the required side or rear yard, designed and laid out with suitable
evergreen plant material which will attain and shall be maintained
at a height of not less than eight feet so as to provide an effective
natural screen between the nonresidential and residential districts
along side and rear lot lines. Where deemed necessary by the Planning
Board, similar natural screening shall be included along the front
lot line where such screening will not adversely affect public safety.
H.
Public improvement requirement. Prior to the grant
of site plan approval, the applicant may be required by the Planning
Board to file with the Village a letter of credit or cash bond sufficient
to cover the full cost of all public improvements and land reclamation
required by development of the site. The amount of such letter of
credit or cash bond shall be recommended by the Village Engineer and
approved by the Board of Trustees.
I.
Imposition of conditions authorized. Every site plan approval granted by the Planning Board may be subject to and conditioned upon conditions and safeguards which the Board deems applicable to the particular plan. Such conditions and safeguards are deemed an integral component of the site plan approval, and any violation of such conditions or safeguards shall be deemed a violation of this chapter and are punishable under the provisions of § 210-66.
J.
Certificate of occupancy. No certificate of occupancy
shall be issued for any development which has not been constructed
in accordance with the approved site plan.
K.
Expiration of site plan approval. Conditional site
plan approval and, if no conditional approval is granted, final site
plan approval shall be valid for one year commencing with the date
the Planning Board adopts a resolution granting such conditional or
final site plan approval. Failure to obtain a building permit within
this one-year period shall cause the approval to expire and be deemed
null and void. The granting of final site plan approval subsequent
to conditional approval shall not extend this period. The applicant
may petition the Planning Board before such approval expires for extension(s)
of 90 days, which extension(s) may be granted or denied at the discretion
of the Planning Board.
L.
Extending site plan approvals in the Business-Shopping
Center Zone (B-SC) and the Senior Citizen Housing Zone (R-SC).
[Added 9-22-2003 by L.L. No. 5-2003]
(1)
Site plans for lands in the Business-Shopping Center
Zone (B-SC) and Senior Citizen Residential District (R-SC), and special
permits, if applicable, may be extended by the Planning Board to 3 1/2
years from the expiration of conditional approval or final approval
of the site plan, upon a showing by the owner of the property and
holder of the site plan and special permit that no change of law,
regulation, or physical or environmental condition affecting the land
that is subject to the site plan or special permit, or proximate lands
thereto, has intervened since the original approval of the site plan
or special permit to indicate that such site plan or special permit
should not be extended as originally approved. The Planning Board
may approve such an extension retroactively, at any time within 3 1/2
years of the expiration of such original site plan or special permit
approval. Such extension shall be a Type II action, as defined by
the State Environmental Quality Review Act (SEQR). All extensions
granted by the Planning Board pursuant to this subsection prior to
July 24, 2006, shall be deemed to extend the site plan and special
permit for a period of 3 1/2 years as provided herein.
[Amended 7-24-2006 by L.L. No. 8-2006]
(2)
Within one year of the enactment of this amendment
by the affirmative vote of the Board of Trustees, the owner of a shopping
center in the B-SC Zone may apply to the Planning Board for an extension
of a conditional site plan approved in 1999 or later.
M.
Dedication of recreation land. Upon receipt of an
application for approval of a site plan that shows dwelling units
to be created, the Planning Board, as a condition of approval, shall
require either the dedication of land to be used as public recreation
areas or parkland, or the payment by the applicant for such site plan
approval of the sum provided in this section, which sum shall be held
by the Village in a trust and agency account, to be used exclusively
for the acquisition or capital improvement of recreation lands. The
Planning Board may, where appropriate, require both the dedication
of lands and the payment of a sum to the Village, upon a finding by
the Planning Board that the applicant's lands are not fully suitable
for recreational use.
[Added 1-26-2004 by L.L. No. 1-2004]
(1)
In making its determination pursuant to this section,
the Planning Board shall take into consideration the following factors
to determine if the dedication of land or the payment of a fee in
lieu of such dedication of recreation land is appropriate:
(a)
The adequacy of existing recreational facilities
in the Village, generally, and in or near the neighborhood where the
proposed dwelling units are to be built;
(b)
The needs of the Village, generally, for recreational
infrastructure and the neighborhood where the proposed new dwellings
are to be built; and
(c)
The relative availability and cost of lands
that are suitable for recreation uses in or near the neighborhood
where the dwelling units are planned to be built.
(2)
The dedication of lands for public recreation purposes,
or the payment of the fee in lieu of dedication that is imposed by
the Planning Board, shall be completed before the Planning Board Chairman
may sign the final site plan.
(3)
The applicant shall provide the Planning Board with
documentary proof of unencumbered title and authority of the owner
to convey such lands to the Village.
(4)
The fee in lieu of dedication of recreation land is
$1,000 per dwelling unit that is approved to be built on the premises
shown on the site plan.
A.
Nothing in this chapter shall require any change in
the plans, construction or designated use of a building or structure
for which a lawful building permit has been issued prior to the effective
date of this chapter or any amendment thereto affecting such building
or structure or the use thereof, provided that:
(1)
The construction of such building or structure shall
have been begun and diligently prosecuted within three months from
the date of such permit.
(2)
The entire building or structure shall be completed
according to such filed and approved plans upon which the issuance
of such permit was based, within one year from the effective date
of this chapter or any such amendment thereto.
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 any building,
structure, premises, lot or land or part thereof if the use is changed,
until a certificate of occupancy has been obtained by the owner, as
provided for under the Building Code.[1]
B.
No certificate of occupancy shall be issued for any
building, structure, premises, lot or land unless the erection, construction,
reconstruction, structural alteration, restoration, repair or moving
of any building or structure or part thereof and the intended use
thereof are in conformity in all respects with the provisions of this
chapter.
[Amended 6-23-1986 by L.L. No. 6-1986; 4-12-2004 by L.L. No. 3-2004]
A.
Schedule of application fees.
(1)
A schedule of planning, zoning and building application
and construction inspection fees shall be set by resolution of the
Village Board from time to time. All such fees in effect at the time
of adoption of this section shall remain in effect unless and until
such application fees are modified by resolution of the Village Board.
(2)
Except as otherwise provided in § 210-65B(2), the application fees established pursuant to Subsection A(1) above shall be deemed to be the minimum fees, and any additional costs and expenses actually incurred by the Village for professional consultants, inspections and other nonministerial expenses shall be paid by the applicant in accordance with § 210-65B and other laws, resolutions, provisions, regulations and codes of the Village.
(3)
All escrow deposits required by § 210-65B shall be in addition to any application, inspection or other fees as may be required by § 210-65A or by any other laws, resolutions, provisions, regulations or Codes of the Village and shall not be used to offset the Village's general expenses of engineering, legal and planning services for the several boards of the Village, nor offset the Village's general expenses.
[Amended 8-26-2013 by L.L. No. 1-2013]
(4)
Any fee established elsewhere in this Code which is
not inconsistent with a fee established pursuant to this section shall
remain effective.
(5)
This section and the schedule of application and other
fees shall be filed with the Village Clerk. The failure to file any
fee amount with the Village Clerk shall not affect the validity of
the fee or the obligation to pay such fee.
B.
Escrow deposits.
[Amended 8-26-2013 by L.L. No. 1-2013]
(1)
In connection with any application for a special permit, site plan
or subdivision approval, zoning amendment, variance, or other appeal,
the reviewing board may require an applicant to deposit an initial
sum of money into an escrow account in advance of the review of the
application. Said sum shall be based on the estimated cost to the
Village of reviewing the particular type of application before it.
(2)
Use of funds.
(a)
Said sum of money shall be used to cover the reasonable and
necessary costs of reviewing an application. Costs may include staff
costs or consultant fees for planning, engineering, legal, and other
professional and technical services required for the proper and thorough
review of an application. The reviews governed by this section shall
include, but not be limited to, all environmental review pursuant
to the law, including review of the proposed action under the State
Environmental Quality Review Act (SEQRA).
(b)
Fees charged strictly as a result of a SEQRA review shall in
no event exceed the maximum amounts that can be charged pursuant to
the SEQRA regulations by the lead agency, should that provision of
SEQRA be properly and timely invoked by an applicant.
(3)
Upon receipt of monies requested for an escrow account, the Village
Mayor shall cause such monies to be placed in a separate non-interest-bearing
account in the name of the Village and shall keep a separate record
of all such monies deposited and the name of the applicant and project
for which such sums were deposited.
(4)
Upon receipt and approval by the Board of Trustees of itemized vouchers
from consultants for services rendered on behalf of the Village regarding
a particular application, the Mayor shall cause such vouchers to be
paid out of the monies so deposited, and shall debit the separate
record of such account accordingly. The consultant shall make copies
of such vouchers available to the applicant at the same time the vouchers
are submitted to the Village.
(5)
Review of the vouchers; payment.
(a)
The Board of Trustees shall review and audit all such vouchers
and shall approve payment of only such consultant charges as are reasonable
in amount and necessarily incurred by the Village in connection with
the review and consideration of applications. A charge or part thereof
is reasonable in amount if it bears a reasonable relationship to similar
charges by consultants to the Village for services performed in connection
with the review of similar applications. In auditing the vouchers,
the Board of Trustees may take into consideration the size, type and
number of buildings to be constructed, the topography of the site
at issue, environmental conditions at such site, the infrastructure
proposed in the application and any special conditions the Board of
Trustees may deem relevant. A charge or part thereof is necessarily
incurred if it was charged by the consultant for a service that was
rendered in order to protect or promote the health, safety or other
vital interests of the residents of the Village, or as necessary to
protect public or private property from damage.
(b)
In no event shall an applicant make direct payment to any Village
consultant.
(6)
If, at any time during the processing of an application, there shall
be insufficient monies on hand to the credit of an applicant to pay
the approved vouchers in full, or if it shall reasonably appear to
the reviewing board that such monies will be insufficient to meet
vouchers yet to be submitted, the reviewing board shall cause the
applicant to deposit additional sums as the board deems necessary
and advisable in order to meet such expenses or anticipated expenses.
(7)
An applicant shall have the right to appeal to the Board of Trustees
the amount of any required escrow deposit or the amount charged to
an escrow account by a consultant under this section.
(8)
In the event the applicant fails to deposit the requested review
fees into an escrow account, any application review, approval, permit
or certificates of occupancy may be withheld or suspended by the reviewing
board, officer or employee of the Village until such monies are deposited.
(9)
Upon completion of the review of an application or upon the withdrawal
of an application, and after all fees already incurred by the Village
have been paid and deducted from the escrow account, any balance remaining
in the escrow account shall be refunded within 60 days after the applicant's
request.
C.
Appeals. An applicant may appeal in writing to the Board of Trustees
for a reduction in the required reimbursement amount. An appeal must
be filed with the Board of Trustees no later than 30 days after mailing
or other delivery to the applicant of the contested voucher. Upon
such appeal, the Board of Trustees, in its discretion, may determine
that an applicant is not required to reimburse the Village for that
part of any engineering, legal or planning fees incurred by the Village
for services performed in connection with an application matter for
which the Board of Trustees determines the applicant bears no responsibility
and which was beyond the reasonable control of the applicant. The
Board of Trustees' determination shall be in writing and shall be
made no later than 45 days after receipt of the applicant's appeal.
An applicant may pay the full amount due without waiving its right
to appeal.
[Added 8-26-2013 by L.L. No. 1-2013]
A.
Where a violation of this chapter is determined to
exist, the Building Inspector shall serve notice, either by certified
mail or personally, on the owner, agent or contractor of a building,
structure or lot where such violation has been committed or shall
exist and on the lessee or tenant of a part of or of an entire building,
structure or lot where such violation has been committed or shall
exist and on the agent, architect, contractor or any other such person
who takes part or assists in such violation or who maintains any building,
structure or lot in which any such violation shall exist.
B.
Such notice shall require the removal of the violation
within 10 days after service of the notice.
C.
In cases where the removal of the violation within
10 days would be manifestly impossible, the Building Inspector shall
apply to the governing body of the municipality for a determination
as to a reasonable period of time within which the violation shall
be removed.
D.
If those persons notified shall fail to remove such
violation within the allotted time period, the Building Inspector
shall charge them with such violation of this chapter before the appropriate
court of law.
E.
Persons found guilty of such violation shall be subject
to the maximum penalty provided by law for each violation. Each and
every week such violation continues after the allotted period of time
for its removal shall be deemed a separate and distinct violation.
[Amended 10-8-1993 by L.L. No. 4-1993]
F.
In addition to other remedies provided by law, any
appropriate action or proceeding, whether by legal process or otherwise,
may be instituted or taken to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
to restrain, correct or abate such violation, to prevent the occupancy
of such building, structure or lot or to prevent any illegal act,
conduct, business or use in or about such premises.
A.
The municipal legislative body may from time to time
on its own motion or on petition or on recommendation of the Planning
Board amend, supplement or repeal the regulations and provisions of
this chapter, including the Zoning Map,[1] after public notice and hearing, in accordance with state
law.
[1]
Editor's Note: The Zoning Map is on file in
the Village offices. See also the Table of Zoning Map Amendments at
the end of this chapter.
B.
Petitions for amendments shall be submitted in quadruplicate
to the Municipal Clerk, together with an application fee determined
by the Board of Trustees.
[Amended 6-23-1986 by L.L. No. 6-1986]
C.
Any petition for a change in the Zoning Map shall
include the following:
(1)
The name of the property owner.
(2)
A map accurately drawn to an appropriate scale, showing
the proposed zone district boundary changes, property lines, the calculated
areas affected in areas or square feet, the street rights-of-way in
the immediate vicinity and the lands and names of owners immediately
adjacent to and extending within 300 feet of all boundaries of the
property to be rezoned.
[Amended 10-8-1993 by L.L. No. 4-1993]
(3)
A metes and bounds description of the proposed amendment.
D.
The Village Board, by resolution, shall fix the time
and place of a public hearing on the proposed amendments and cause
notice to be given to all properties within 300 feet of all boundaries
of the property to be rezoned.
[Amended 10-8-1993 by L.L. No. 4-1993]
E.
The Village Board may require a petitioner to give
additional forms of public notice or notice to adjacent property owners.
[Amended 10-8-1993 by L.L. No. 4-1993]
F.
Every such proposed amendment or change, whether initiated
by the Village Board or by petition, shall be referred to the Planning
Board for report before the public hearing is held thereon.
[Amended 10-8-1993 by L.L. No. 4-1993]
G.
Proposed amendments that must be referred to the Orange
County Planning Department under the provisions of § 239-m
of Article 12-B of the General Municipal Law shall be transmitted
as soon as possible and in any case prior to the public hearing.
H.
The municipal legislative body shall reserve decision
on all zoning amendments or changes which must be referred to the
Orange County Planning Department until its report has been presented,
provided that such report is presented within a period of 30 days
after the Orange County Planning Department receives such referral.
I.
Upon adoption of a change in the Zoning Map, the municipality
or the petitioner shall cause a monument to be placed at one location
on the property's street frontage and also file with the Municipal
Clerk and the Building Inspector copies of an accurate survey description
and drawing of the area affected by such amendment.
