[Amended 7-16-2015 by L.L. No. 3-2015]
A.
This article describes the procedures for review and approval of all applications for development activity in the Village, as well as outlines the responsibilities of the various decisionmaking bodies responsible for that review. Common procedures, which are applicable to all or most types of development applications, are in §
360-5.4. Subsequent sections set forth additional provisions that are unique to each type of application, including staff and review board assignments, review standards, and other information.
B.
Table 5-1 summarizes the review and decisionmaking responsibilities for the administration of the procedures described in this article. The table is a summary tool and does not describe all possible types of decisions made under this chapter. Other duties and responsibilities are described in this article.
C.
The Building Inspector may also refer applications to other boards, commissions, government agencies and nongovernmental agencies not referenced in this chapter.
Table 5-1: Summary of Decisionmaking Authority
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KEY:
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D
|
=
|
Decisionmaking authority
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R
|
=
|
Review required (other boards may review at the request of the board with decisionmaking authority)
|
H
|
=
|
Public hearing required
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A
|
=
|
Appeal authority
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Procedure
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Section
|
Decisionmaking Bodies
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|
|
Board of Trustees
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Planning Board
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Zoning Board of Appeals
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Architectural Review Board
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Building Inspector
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Amendments to Zoning Chapter (rezonings)
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|
D-H
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R-H
|
|
|
R
|
Site development plans
|
|
|
D-H
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A-H
|
R
|
R
|
Subdivisions
|
|
|
D-H
|
A-H
|
|
|
Special use permits
|
|
|
D-H
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D-H
|
|
R
|
Variances
|
|
|
|
D-H
|
|
R
|
Certificate of appropriateness
|
|
|
|
A-H
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D-H
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R
|
Historic designation (historic district or landmark)
|
|
D-H
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R-H
|
|
R-H
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R
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Sign permit
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|
|
|
A-H
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D-H
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R
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Building permit (no board review required)
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|
|
|
A-H
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D
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Building permit (ARB review required)
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|
|
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A-H
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D-H
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R
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Certificate of occupancy
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|
|
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A-H
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D
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Interpretation and appeals
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|
|
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A-H
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D
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Tree removal permits
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|
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D-H
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A-H
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R
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Demolition permits
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|
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D-H
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A-H
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R
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R
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This section establishes and identifies the roles, duties and responsibilities of the Planning Board, Zoning Board of Appeals, Architectural Review Board and Building Inspector (along with the Board of Trustees, collectively the "decisionmaking bodies") in the administration of this code.
A.
Planning Board.
(1)
Establishment and organization.
(a)
Pursuant to § 7-718 of the Village Law of the State of New York, there is hereby established a Planning Board which shall consist of five members appointed by the Board of Trustees. All members of the Planning Board shall be residents of the Village. The Board of Trustees shall select one of the members of the Planning Board to serve as Chairperson.
(b)
To the extent practical, the terms of Planning Board members shall be staggered in such manner as to provide that one member's term expires each year in accordance with the provisions of § 7-718 of the Village Law of the State of New York.
(c)
In addition, the Board of Trustees shall appoint two alternate members, who may serve in the absence of the regular members. These alternate appointments shall be for two year(s).
(d)
The Mayor shall appoint a new member to fill any vacancy occurring other than by the expiration of a term.
(2)
Powers and duties. The Planning Board shall have the following powers and duties:
(a)
To adopt rules and regulations for its operation and to follow said rules and regulations in the conduct of its official business.
(b)
To review and recommend changes to a Comprehensive Master Plan adopted by the Board of Trustees pursuant to § 7-722 of the Village Law of the State of New York.
(c)
To review and recommend proposed amendments to this chapter or other sections of this code relevant to the functions of the Planning Board.
(d)
To hear and decide requests for preliminary and final site plan approval pursuant to §§
360-5.4 and
360-5.7 of this chapter.
(e)
To hear and decide requests for preliminary and final subdivision approval pursuant to §§
360-5.4 and
360-5.8 of this chapter.
(f)
To hear and decide requests for tree removal
permits pursuant to §§
360-5.4 and
360-5.18 of this chapter.
(g)
To hear and decide applications for the merger of adjacent lots.
(h)
To review development applications for compliance with the State Environmental Quality Review Act pursuant to state law and regulation.
(i)
To refer applications to the Board of Trustees, Zoning Board of Appeals and Architectural Review Board when required by the provisions of this article or when, in the opinion of the Board, such referral is necessary to fully evaluate the impacts and benefits of a development application.
(j)
Upon the granting of an approval, to impose such reasonable conditions and restrictions as are intended to promote the objectives of the State Environmental Quality Review Act, the Comprehensive Plan, the Local Waterfront Revitalization Program, or other relevant law or officially adopted local or regional plan, and are directly related to and incidental to the proposed use of the property.
(k)
To retain, as necessary, counsel, clerks, a secretary and experts, including but not limited to engineers, architects, landscape architects, historic preservationists and planners, to assist the Board in the conduct of its official business.
(l)
To submit a report to the Board of Trustees on any matter or class of matters referred to the Planning Board by the Board of Trustees for review and recommendation, before final action is taken by the Board of Trustees or other office or officer of the Village having final authority over said matter. The Board of Trustees may stipulate that final action shall not be taken until the Planning Board has submitted its report thereon, or has had a reasonable time to submit the report.
(m)
To maintain and make available minutes of all of its meetings in accordance with Article 7 of the Public Officers Law and to comply with all applicable public notice and hearing requirements specified in this chapter.
(n)
To perform such other tasks as may be necessary in the carrying out of the above powers and duties, or any additional powers and duties authorized by law.
B.
Zoning Board of Appeals.
(1)
Establishment and organization.
(a)
Pursuant to § 7-712 of the Village Law of the State of New York, there is hereby established a Zoning Board of Appeals ("ZBA") which shall consist of five members appointed by the Board of Trustees. All members of the ZBA shall be residents of the Village. The Board of Trustees shall select one of the members of the ZBA to serve as Chairperson.
(b)
To the extent practical, the terms of ZBA members shall be staggered in such manner as to provide that one member's term expires each year in accordance with the provisions of § 7-712 of the Village Law of the State of New York.
(c)
In addition, the Board of Trustees shall appoint two alternate members, who may serve in the absence of the regular members. The Chairperson of the Zoning Board of Appeals may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the Board, or when such member is unavailable to attend a meeting of the Zoning Board of Appeals. Such designation shall be entered into the minutes of the Zoning Board of Appeals meeting at which the substitution is made.
(d)
The Mayor shall appoint a new member to fill any vacancy occurring other than by the expiration of a term.
(e)
All the provisions of this chapter relating to the Zoning Board of Appeals shall be strictly construed; the Board, as a body of limited jurisdiction, shall act in full conformity with all provision of law and of this chapter and in strict compliance with all limitation contained there; provided, however, that if the procedural requirements set forth in this chapter have been substantially observed, no application or appellant shall be deprived of the right of application or appeal.
(2)
Powers and duties. The Zoning Board of Appeals shall have the following powers and duties:
(a)
To adopt rules and regulations for its operation and to follow said rules and regulations in the conduct of its official business.
(b)
To hear and decide appeals of an order, requirement, decision, interpretation or determination of the Building Inspector, the Planning Board or the Architectural Review Board.
(c)
To hear and decide appeals for area and
use variances in accordance with the provisions of §§
360-5.4 and
360-5.10 of this chapter.
(d)
To hear and decide requests for
special permits to alter, enlarge or extend a lawfully existing nonconforming
uses in accordance with the provisions of §
360-5.9 of this code.
(e)
Upon the granting of a variance or special permit, to impose such reasonable conditions and restrictions as are intended to mitigate the impacts of such variance or special permit on the surrounding neighborhood and are directly related to and incidental to the proposed use of the property.
(f)
To refer applications to the Board of Trustees, Planning Board and Architectural Review Board when required by the provisions of this chapter or when, in the opinion of the Board, such referral is necessary to fully evaluate the impacts and benefits of a development application.
(g)
To retain, as necessary, counsel, clerks, a secretary and experts, including but not limited to engineers, architects, landscape architects, historic preservationists and planners, to assist the Board in the conduct of its official business.
(h)
To maintain and make available minutes of all of its meetings in accordance with § 7-712-a of the Village Law of the State of New York and to comply with all applicable public notice and hearing requirements specified in this chapter.
(i)
To perform such other tasks as may be necessary in the carrying out of the above powers and duties, or any additional powers and duties authorized by law.
C.
Architectural Review Board.
(1)
Legislative findings. The Board of Trustees hereby finds that monotonous similarity, striking visual discord, inappropriateness or poor quality of design in the exterior appearance of structures erected, reconstructed or altered in any area in the Village of Nyack adversely affects the desirability of the immediate area and neighboring areas within the community and, by so doing, impairs the benefits of occupancy or use of real property in such areas; impairs the stability and value of both improved and unimproved real property in such areas; prevents the most appropriate development of such areas; produces degeneration of the property in such areas, with attendant deterioration of conditions affecting the health, safety, morals and general welfare of the inhabitants of the community; and destroys a proper relationship between the taxable value of real property in the community and the cost of municipal services provided therefor. It is the purpose of this chapter to prevent these and other harmful effects and thus to promote and protect the health, safety, morals and general welfare of the community.
(2)
Purpose.
(a)
It is the purpose of this chapter to preserve and promote the character and appearance and conserve the property values of the Village, the attractiveness of whose residential and business areas is the economic mainstay of the community, by providing procedures for an architectural review of structures henceforth erected, reconstructed or altered and items installed in the Village. It is the purpose to encourage good qualities of exterior building design and good appearances and to relate such design and appearances to the sites and surroundings of structures, to permit originality and resourcefulness in design which are appropriate to the sites and surroundings and to prevent such design and appearances as are unnecessarily offensive to visual sensibilities and inconsistent with Village character.
(b)
The Architectural Review Board shall assist applicants to focus on design principles, which can result in creative solutions that will develop a satisfactory visual appearance within the Village, preserve property values and encourage an improvement in the overall quality of Village life.
(c)
The Architectural Review Board shall issue certificates of appropriateness for any exterior alterations of a building or site designated as a landmark or located within a designated historic district as set forth in §
360-5.11.
(3)
Establishment and organization.
(a)
There is hereby established an Architectural Review Board ("ARB"), which shall consist of five members appointed by the Board of Trustees. All members of the ARB shall be residents of the Village. All members shall be specifically qualified by reason of training or experience in architecture, design, building construction, other related business or profession. If available, at least one member shall be a professional architect licensed to practice in the State of New York. If available, at least one member shall be knowledgeable in architectural history, historic building design and construction and/or local history. The Board of Trustees shall select one of the members of the Architectural Review Board to serve as Chairperson.
(b)
In addition, the Board of Trustees shall appoint two alternate members, who shall serve in the absence of the regular members. These alternate appointments shall be for two years.
(c)
The Mayor shall appoint a new member to fill any vacancy occurring other than by the expiration of a term.
(4)
Powers and duties. The ARB shall have the following powers and duties:
(a)
To adopt rules and regulations for its operation and to follow said rules and regulations in the conduct of its official business.
(b)
To hear and decide requests and impose reasonable conditions pursuant to §
360-5.15 for building
permits for the construction or alteration of any structure or item within the Village of Nyack that would affect the exterior appearance or would be visible from the exterior, except for site grading and landscaping, but including:
[4]
Mechanical equipment visible from the street or adjacent property.
(c)
To review the construction or installation by or for public agencies of structures, facilities and all other items listed above. Such approval or disapproval and all attendant procedures and rules shall apply whether or not an application for a permit for construction or alteration is required or has been submitted.
(d)
To hear and decide requests and impose reasonable conditions for sign
permits pursuant to §
360-5.13.
(e)
To provide recommendations related to design and appearances to the Village Board, Planning Board and other Village boards and agencies on requests for site plan development, subdivision and demolition.
(f)
To hear and decide requests and impose reasonable conditions pursuant to §
360-5.11 in its capacity as a historic review body with regard to building
permit applications for exterior alterations, moving and demolition of historic landmarks and properties in historic districts.
(g)
To review and recommend in its capacity as a historic review body with regard to building permit applications for exterior alterations of properties which:
[1]
Are not designated local landmarks but which are listed on or are eligible for listing on the State and/or National Register of Historic Places or are properties included the inventory of historic properties and districts within the Village; or
[2]
Are not locally designated historic districts but which districts are listed on or are eligible for listing on the State and/or National Register of Historic Places included the inventory of historic properties and districts within the Village.
(h)
To recommend pursuant to §
360-5.12 the designation of local historic landmarks and districts to the Board of Trustees, and to review and recommend with regard to any proposed designation of such landmarks or districts by the Board of Trustees.
(i)
To maintain an inventory of historic properties and districts within the Village.
(j)
To promulgate and make available to public written and graphic architectural and building design guidelines or standards to be used by it in treating any application before it for architectural review or for a certificate of appropriateness.
(k)
To prepare and make available to the public graphic and textual depictions which illustrate design principles to be encouraged throughout the Village or in particular districts or for particular building types and uses.
(l)
To retain, as necessary, counsel, clerks, a secretary and experts, including but not limited to engineers, architects, landscape architects, historic preservationists and planners, to assist the Board in the conduct of its official business.
(m)
To maintain and make available minutes of all of its meetings in accordance with § 7-712-a of the Village Law of the State of New York and to comply with all applicable public notice and hearing requirements specified in this chapter.
(n)
To perform such other tasks as may be necessary in the carrying out of the above powers and duties, or any additional powers and duties authorized by law.
D.
Building Inspector. Refer to Chapter
140, Article
I, for the duties and responsibilities of the Building Inspector.
The common development review procedures in this section shall apply to all types of development applications under this article, unless an exception to the common procedures is expressly called for in the particular development application requirements in subsequent sections of this article. To the extent that the provisions of this article are inconsistent with the provisions of the Village Law of the State of New York at § 7-712 et seq., the Board of Trustees hereby declares its intent to supersede the provisions of the Village Law pursuant to § 10 et seq. of the Municipal Home Rule Law. For any application to build or construct multifamily or cluster dwellings, the applicant shall consult with the Building Inspector to determine if the proposed project impacts the Village's Affordable/Workforce Housing Law.
A.
Optional: Preapplication meeting.
(1)
Purpose. The purpose of a preapplication meeting is to provide an opportunity for an informal evaluation of an applicant's proposal and to familiarize the applicant and the relevant decisionmaking body with the applicable provisions of this chapter, the Comprehensive Master Plan, and any other issues that may impact the development application. A preapplication meeting is optional, but is recommended for applications that will likely require amendments to the Zoning Chapter, site development plan review or subdivision.
(2)
Procedure.
(a)
An applicant may request a preapplication meeting with the Building Inspector. At the time of request, the applicant shall provide the Building Inspector with a description of the character, location and magnitude of the proposed development along with any other supporting documents, maps, plans, etc., available. While detailed plans and other materials are not required, the amount of material provided directly relates to the ability of the Building Inspector or other decisionmaking bodies to provide meaningful and reliable direction to the applicant.
(b)
Based on the character of the application, the Building Inspector shall determine the appropriate decisionmaking bodies to involve in the preapplication meeting. In general, the preapplication meeting will include the Building Inspector and a representative of one or more boards with review authority. In some cases, depending on the character of the development, the Building Inspector may schedule a preapplication meeting before an entire board.
(c)
At the preapplication meeting, the applicant, the Building Inspector and any other persons the Building Inspector deems appropriate to attend shall discuss the proposed development, including the applicable requirements and standards of this chapter. The applicant is responsible for recording a summary of the discussion, which shall be submitted as part of any formal application.
(3)
Informal evaluation not binding. The informal evaluation provided during the preapplication meeting is not binding upon the applicant or the Village, but is intended to serve as a guide to the applicant in making the application.
B.
Step one: Application submittal.
(1)
Authority to file applications. Unless otherwise specified in this chapter, applications for review and approval may be initiated by:
(a)
The owner of the property that is subject to the application;
(b)
The owner's authorized agent;
(e)
Other entities that have rights provided by law.
(2)
Application required. Applications and submission materials required under this chapter shall be submitted in a form and in such number as required by the Building Inspector. Such requirements shall be provided in the form of application checklists or other forms to the public. The Building Inspector may amend and update those requirements as necessary.
(3)
Plans and specifications.
(a)
Plans and specifications for the erection, construction, enlargement, alteration or improvement of buildings for uses other than single-family, two-family or three-family dwelling units shall be approved by a registered architect or professional engineer licensed to practice in the State of New York.
(b)
Plans and specifications for the erection, construction, enlargement, alteration or improvement of single-family, two-family or three-family dwelling units where the total valuation of the work to be performed costs more than $4,999 shall be approved by a registered architect or professional engineer licensed to practice in the State of New York.
(c)
The Building Inspector may require the approval of plans by a licensed architect or engineer for any work within this chapter regardless of cost in order to protect the public health and welfare.
(d)
This subsection shall not apply to violations of the provisions of the State Building Construction Code punishable under § 385 of the Executive Law of the State of New York; or to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.
(4)
Waivers. The Building Inspector may waive specific submittal requirements when such requirements are clearly unrelated to any project impacts. Such waiver shall not limit the ability of a decisionmaking body to require additional materials during the course of the development review process, should such materials be determined necessary to evaluate whether an application complies with the requirements of this chapter.
(5)
Fees and costs.
(a)
Development fees. The Board of Trustees shall adopt by resolution a schedule of fees for the purpose of recovering the costs incurred by the Village in processing, reviewing and recording applications pertaining to development applications. The Board of Trustees, on recommendation of the Building Inspector, shall review and adjust the schedule of fees as necessary. Such adjustments shall be based on an analysis of actual expenses incurred by the Village to reflect inflation and other changes in costs, and shall be adopted by resolution of the Board of Trustees.
(b)
Recovery of consultant costs. In addition to the development fee, an applicant shall pay all costs billed by the Village for expenses incurred in review of an application, including fees from consultants hired to assist in the review. Escrow funds may be required, at the discretion of the Building Inspector.
(c)
Outstanding fees and costs. All fees and costs shall be paid by the applicant prior to scheduling of hearings and/or meetings for any development application. No new applications shall be accepted by the Village until all previous fees and costs associated with an applicant are paid in full by the applicant.
(6)
Outstanding municipal violations. Applications for review and approval of any project shall not be deemed complete while there are outstanding municipal violations pending against the owner, owner's agent, or other entity making such application, where such municipal violations are outstanding against all or part of the premises which is the subject of the application.
[Added 4-22-2010 by L.L. No. 1-2010]
C.
Step two: Determination of application completeness. After receipt of the development application, the Building Inspector shall determine whether the application is complete and ready for review.
(1)
If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this code. An application will be considered complete if it is submitted in the required form, includes all required information and supporting materials, and is accompanied by the applicable fee. The determination of completeness shall not be based upon the perceived merits of the development proposal.
(2)
If an application is determined to be incomplete, the Building Inspector shall provide notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected in a future resubmittal. The inclusion of false information in an application is grounds for determination that the application is incomplete.
D.
Step three: Application referral, review and staff report. After determining that a development application is complete, the Building Inspector shall process the development application as follows:
(1)
Applications requiring a single review and approval. Development applications requiring approval from a single decisionmaking body shall be forwarded to that body, along with a staff report by the Building Inspector outlining the application's conformance with the standards of this chapter. In the case of those applications for which the Building Inspector is the final decisionmaking body and no referral to another decisionmaking body is required, no official report is required.
(2)
Applications requiring multiple reviews or referrals.
(a)
Development applications that require review by multiple decisionmaking bodies shall be scheduled for review in the following order, unless a different order is agreed to by both the applicant and the decisionmaking body with final decisionmaking authority:
[2]
County Planning Department, as required under the New York State General Municipal Law for certain zoning and planning actions, including new land use related laws, zone changes, subdivisions, special use permits, site plans and use or area variances.
[3]
Architectural Review Board.
(b)
At any time during its consideration of an application, an applicant and/or a decisionmaking body may request to forward the application to another decisionmaking body if, in the opinion of either party, the application involves issues which lie in the other board's area of expertise. The board to which the application is forwarded shall, within 45 days, review the application informally and make recommendations to the board from which the application was forwarded. Such review shall not be a public hearing on the application and the board shall neither approve nor deny the application as part of that review.
(c)
Joint meetings or hearings of the decisionmaking bodies may be scheduled and are encouraged where applications require review by more than one body.
(d)
A staff report prepared by the Building Inspector outlining the application's conformance with the standards of this chapter shall be provided to each decisionmaking body.
(e)
No building permit shall be issued for a building to be used for any use in any district where such use is allowed by special permit of the Zoning Board of Appeals unless and until such special permit has been duly issued by the said Board.
(f)
No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board except in conformity with the plans approved by said Board.
E.
Step four: Public notice.
(1)
Notice required. Public notice is required for all public hearings required by this chapter. All required notice shall include the following, unless otherwise specified within this code:
(a)
Date, time and place of the public hearing;
(b)
A description, where applicable, of the property involved in the application by street address and legal description;
(c)
A summary of the nature, scope and purpose of the proposed action;
(d)
An indication that interested parties may appear at the hearing and speak on the matter; and
(e)
An indication of where additional information on the matter may be obtained.
(2)
Summary of notice requirements. The following Table 5-2 summarizes the notice requirements for each of the procedures set forth in this article. These requirements may be modified or supplemented by standards within the individual review procedure section.
[Amended 2-12-2015 by L.L. No. 2-2015]
|
Table 5-2: Notice Requirements
|
|
KEY:
|
|
(X indicates type of notice required, if any)
|
|
Procedure
|
Section
|
Published Notice
|
Mailed Notice
|
Posted Notice
|
|
Amendments to zoning ordinance (rezonings)
|
|
X
|
Xa
|
Xb
|
|
Site development plans
|
|
X
|
|
X
|
|
Subdivisions
|
|
X
|
X
|
X
|
|
Demolition permit
|
|
X
|
|
X
|
|
Special use permits
|
|
X
|
X
|
X
|
|
Variances
|
|
X
|
X
|
X
|
|
Certificate of appropriateness
|
|
X
|
X
|
X
|
|
Historic designation (historic district or landmark)
|
|
X
|
X
|
Xb
|
|
Sign permit
|
|
|
|
|
|
Building permit (no board review required)
|
|
|
|
|
|
Building permit (ARB review required)
|
|
|
|
X
|
|
Certificate of occupancy
|
|
|
|
|
|
Tree removal permit for significant trees
|
|
|
|
Xc
|
|
NOTES:
|
|
a
|
Not required for text amendments.
|
|
b
|
Only required for map amendments. Where a map amendment will affect an area larger than one acre, the Building Inspector shall determine the appropriate amount and location of postings.
|
|
c
|
Only required when Planning Board approval is required.
|
(3)
Types of notice.
(a)
Published notice. The Building Inspector shall cause notice to be published in a newspaper of general circulation no less than 10 days and no more than 30 days prior to the hearing date.
(b)
Mailed notice.
[1]
The applicant shall mail notice to the property owner of record for each property located within 200 feet (1,000 feet for telecommunications facilities) from the exterior boundaries of the land involved in the application, as the names of said owners appear on the last completed assessment roll of the Village. Notice shall be mailed via United States Postal Service at least 10 days prior to the scheduled hearing date, and as proof of same the applicant shall submit a "Certificate of Mailing" (Postal Service Form 3817) to the Building Department prior to the hearing date.
[Amended 2-9-2012 by L.L. No. 4-2012]
[2]
In addition to any requirement to notify property owners, some types of applications require written notice to neighboring municipalities, counties or other public or quasi-public agencies. All such notice, as required by the Village Law of the State of New York and/or the Municipal Home Rule Law shall be provided, regardless of the requirements of this chapter.
(c)
Posted notice. The applicant shall post notice on the property at least 10 days before the scheduled hearing date. Such notice shall be of a dimension, design and materials as required by the Building Inspector. Notice shall be posted every 20 feet along the front yard, and one additional notice shall be posted conspicuously on each side yard and rear yard property line.
[Amended 4-22-2010 by L.L. No. 2-2010]
(4)
Minor defects. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed.
F.
Step five: Public hearing. Any public hearing shall be conducted according to the standards of the Village Law of the State of New York.
G.
Step six: Decision and findings.
(1)
Decision. After consideration of the development application, comments received from other reviewers (if applicable), and the evidence from the public hearing (if applicable), the decisionmaking body shall approve, approve with conditions or deny the application based on its compliance with the applicable approval criteria, as described below for the specific application types. In approving any application, the decisionmaking body shall attach such conditions as necessary in order to further the general objectives of this chapter. If the application is disapproved, the application may not be refiled for a period of one year from the date of initial filing.
(2)
Findings. All decisions shall include a clear statement of approval, approval with conditions or denial, along with a statement describing the basis upon which the decision was made, including specific written findings of fact.
The Zoning Board of Appeals may, on appeal from an order, requirement, decision or determination made by the Building Inspector or another administrative official, or on request by any official, board or agency of the Village, decide the meaning of any portion of the text of this chapter or of any condition or requirement specified or made under the provisions of this chapter. Appeals of decisions of the ARB or the Planning Board may be made to the Zoning Board of Appeals or to the Supreme Court pursuant to CPLR Article 78. Appeals of decisions of the Zoning Board of Appeals and Board of Trustees shall be to the courts.
[Added 10-13-2016 by L.L. No. 3-2016]
A. The applicant may be required to post performance bonds or other security, pursuant to § 7-730 and other pertinent provisions of the Village Law of the State of New York, in sufficient amounts and duration to assure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cables or other connecting facilities, sanitary sewers and storm drains or combined sewers shall all be installed in accordance with standards, specifications and procedures acceptable to the appropriate Village departments.
B. The applicant may be required to post performance bonds or letters of credit in sufficient amounts and duration to assure that all public improvements shown on the site plan are installed. The sufficiency of such performance bonds or letters of credit shall be determined by the Planning Board, Building Inspector, Code Enforcement Officer or other appropriate party.
[Added 10-13-2016 by L.L. No. 3-2016]
A.
Any public amenity, improvement, or infrastructure upgrade (public benefit feature) to be included as part of one or more phases of a proposed site development plan, special permit, or subdivision (development action) must be completed simultaneously to the corresponding phase of that development action. Public benefit features proposed to accompany a phase of a development action include:
(1)
The provision of street improvements such as street signs, sidewalks, streetlights, curbs, gutters, street trees, and parking spaces for long-term use beyond that which is required to serve the specific development action and designed to enhance streetscapes, traffic flow and connectivity in the Village.
(2)
The provision of special design amenities available for public use and enjoyment which would enhance the function and/or appearance of the Village, including, but not limited to, pedestrian linkages, walking trails, plazas, fountains, artworks, seating and other passive recreation areas, special landscape design features and other such similar improvements; conversely, the removal of existing features which detract from the function and/or appearance of said area, including, but not limited to, overhead utility lines, unattractive structures and other such features.
(3)
The provision of indoor or outdoor recreation amenities available to the general public.
(4)
The provision of water mains, fire alarm signal devices, including necessary ducts and cables or other connecting facilities, sanitary sewers and storm drains or combined sewers.
B.
Requirements. Any development project proposed to be constructed in one or more phases must include a phasing plan, in accordance with §
360-4.12, which outlines the provision of all public benefit features corresponding with each phase of the proposed action. Upon completion of a development phase, no certificate of occupancy or temporary certificate of occupancy shall be granted for a project until the public benefit features coinciding with the completion of that phase are finalized.
[Added 10-13-2016 by L.L. No. 3-2016]
A.
Purpose. The purpose of the building floor area bonus program is to permit increases in allowable density in exchange for funding public improvements in a designated geographic area within the Village.
B.
General regulations. Development incentive programs are available in the DMU-1 Downtown Mixed Use and WF Waterfront zoning districts by special permit only, subject to approval by the Village Board of Trustees.
C.
Bonus floor area option.
(1)
In the WF Waterfront Zoning District, the bonus floor area, height or other area or bulk provision shall not exceed the maximum allowable in § 360-2.5(B)(2)(c). Use of the development incentives in the WF District shall be dependent upon the payment of a fee, in addition to the provision of the amenities specified in § 360-2.5(B)(2)(c). The fee associated with a special permit to allow bonus floor area shall be calculated at a minimum of 10% of the market value of the bonus floor space proposed, as determined by the Town Assessor.
(2)
In the DMU-1 Downtown Mixed
Use District,
use of the height incentive specified in §
360-2.4B(2)(b) may result in a fourth floor not allowed as of right. Any floor area created by the allowance of the fourth floor shall not result in total floor area that exceeds the maximum allowable under the DMU-1 District, as specified in 360 Attachment 2, Table 4-1 (Dimensional Standards).
Use of the height incentive shall be dependent upon the payment of a fee, in addition to provision of the amenities specified in §
360-2.4B(3). Such fee shall be calculated at a minimum of 10% of the market value of any additional fourth-floor space proposed, as determined by the Town Assessor.
(3)
All funds collected as part of any special permit to allow bonus floor area shall be kept by the Village in a separate account dedicated to one or more public improvements that will be specified when the special permit is granted. Said public improvements will be located in a specific geographic area within the Village as specified by the Planning Board and with regard to the location of the permitted bonus floor area.