A.
No building permit shall be issued for the construction
of a new building or for an addition to an existing building in the
Village until the Board of Trustees, after a public hearing, has passed
a resolution which finds that such building meets the requirements
of this chapter. Upon the adoption of such resolution, the Village
Clerk shall issue a permit of compliance. If the Board finds that
a building does not so comply, then the Board shall so state and it
shall make findings which support its determination.
B.
No facade permit shall be issued by the Village's
Building Inspector until the Board of Trustees, after a hearing, has
passed a resolution which finds that said building facade meets the
requirements of this chapter. Upon the adoption of such resolution,
the Village Clerk shall issue a permit of compliance. If the Board
finds that the building facade does not so comply, then the Board
shall so state and it shall make findings which support its determination.
C.
Driveway enlargement or modifications.
[Added 12-3-2008 by L.L. No. 5-2008]
(1)
No building permit shall be issued by the Village's
Building Inspector for the enlargement or modification of a driveway
on any private property in the Village used in whole or in part for
residential purposes until the Board of Trustees, after a public hearing,
has passed a resolution which finds that said enlargement or modification:
(a)
Meets the requirements of this chapter;
(b)
Will not have a harmful impact on stormwater
drainage from such property;
(c)
Will not produce an undesirable change in the
character of the neighborhood or constitute a detriment to nearby
properties; and
(d)
Will not produce an avoidable adverse effect
on neighboring properties.
(2)
Such public hearing shall be held after notice
of at least seven days by first-class mail to all property owners
within a one-hundred-foot radius of the property on which the subject
driveway is located.
(3)
If the Board finds that the proposed modification
or enlargement does not satisfy these conditions, then the Board shall
so state and shall make findings which support its determination.
In considering such an application, the Board may also impose appropriate
conditions in connection with any such approval.
Prior to making any finding with respect to
a pending application for a building permit, the Board of Trustees
shall review the site plan that has been filed with the Village Clerk
pursuant to this Article. The provisions of this section shall not
apply to any determinations made by the Board of Trustees with respect
to the facade of a building.
The Board of Zoning and Appeals established
pursuant to the provisions of this chapter shall not have the power
to review any action taken by the Board of Trustees in regard to finding
or failing to find that a building or building facade meets the requirements
of this chapter. The Board of Zoning and Appeals, however, shall have
the power in conformity with law to grant a variance with respect
to the requirements of this chapter. Application for such a variance
may be made to the Board of Zoning and Appeals either in advance of
or after the Board of Trustees has determined whether the proposed
building or building facade conforms to the requirements of this chapter.
Any application for a building permit must be
accompanied by 10 copies of a site plan, which site plan shall be
filed with the Village Clerk. The site plan shall include the following
information:
A.
Existing land use and all structures for a distance
of at least 500 feet on all sides of the applicant's site.
B.
The type of structure which is proposed including
color and material illustrated by a floor plan sketch and front, side
and rear elevations, drawn to scale. Accessory structures shall also
be drawn.
C.
The proposed on-site circulation systems including
both vehicular and pedestrian access and egress.
D.
On-site parking facilities and loading and refuse
collection areas, drawn to scale.
E.
An estimate of the number of employees and patrons
who will be using the site on a full-time or part-time basis.
F.
Landscaping and/or screening proposals including the
type, size and location of the plantings, trees and shrubs.
G.
Sketches which show the required yard space, together
with illustrations, drawn to scale, of all improvements, and samples
of proposed building materials, together with a description of the
building materials to be used.
H.
A sketch showing the design of the building in sufficient
detail to permit the evaluation of its architectural treatment pursuant
to the provisions of this Article.
A.
The Board of Trustees, after holding a public hearing,
may issue a conditional use permit for a limited period of time or
otherwise subject to such conditions and safeguards as shall be deemed
appropriate when, in its opinion, it shall find that such proposed
use and improvement will conform to the general character of the neighborhood
in which the property to be used is located and that the public health,
morals, safety and general welfare of such neighborhood will be secured
and that it will be in accordance with the Comprehensive Plan to lessen
congestion in the streets, to secure safety from fire, panic or other
dangers, to prevent overcrowding of the land, to avoid undue concentration
of population, to safeguard the adequate provision of water, sewage
disposal, parks and other public facilities and to protect and secure
the nature and character of the existing neighborhood and the values
of the property therein.
B.
The standards established for the issuance of a conditional
use permit relating to density, lot size, building coverage, yard
space, height and parking shall be no less restrictive than the most
restrictive standards established for any permitted use in the zoning
district where the conditional use is to be located.
C.
Applications for a conditional use must be submitted
on the forms provided by the Village office for this purpose. Accompanying
the application shall be 10 copies of a plan which must include the
following information:
(1)
Existing land use and all structures for a distance
of at least 500 feet on all sides of the applicant's site unless waived
by the Building Inspector.
(2)
The type of structure which is proposed including
color and material illustrated by a floor plan sketch and front, side
and rear elevations, drawn to scale. Accessory structures shall also
be drawn.
(3)
The proposed on-site circulation systems including
both vehicular and pedestrian access and egress.
(4)
On-site parking facilities and loading and refuse
collection areas drawn to scale.
(5)
An estimate of the number of employees and patrons
who will be using the site on a full-time or part-time basis.
(6)
Landscaping and/or screening proposals including
the type, size and location of the plantings, trees and shrubs.
(7)
Sketches which show the required yard space,
together with illustrations, drawn to scale, of all improvements,
and samples of proposed building materials, together with a description
of the building materials to be used.
(8)
A sketch showing the design of the building
in sufficient detail to permit the evaluation of its architectural
treatment pursuant to the provisions of this Article.
A.
The issuance of a permit of compliance or a conditional
use permit shall authorize the applicant to make an application for
a building permit for construction of the facility in accordance with
the applicable provisions of law.
B.
Application for a building permit shall be made within
90 days after the issuance of a permit of compliance or a conditional
use permit. If an application for a building permit is not filed within
such 90 days, then the project shall be deemed abandoned, and the
applicant shall be required to obtain a new permit of compliance or
conditional use permit. For good cause, the Board of Trustees, at
its sole discretion, may allow two three-month extensions. Such extensions
shall be granted by resolution after a hearing at a meeting of the
Board of Trustees.
[Amended 4-17-1992 by L.L. No. 2-1992]
A.
Fees. The following fees shall be paid to the Village
Clerk at the time application is made to the Board of Trustees for
any permit authorized to be issued by this chapter:
(1)
For application for issuance of a building permit
(i.e., permit of compliance) for a new commercial or residential building,
the fee shall be $500.
(2)
For an application to extend approval for issuance
of a building permit (i.e., permit of compliance) of a new commercial
or residential building or for any addition to an existing commercial
or residential building, the fee shall be $500.
(3)
For an application for issuance of a facade
permit, the fee shall be $100.
(4)
For an application for issuance of a conditional
use permit, the fee shall be $250.
(5)
For an application for issuance of a similar
use permit, the fee shall be $250.
(6)
In addition to the above fees, an additional
fee of $100 shall be required in connection with the filing of any
application where an environmental assessment form (EAF) is also filed,
which fee shall be paid at the time the EAF form is filed.
B.
Costs.
(1)
In addition to those amounts specified herein in Subsection A, on all applications to the Board of Trustees in connection with any permit authorized or required by Chapter 225 of the Village Code [except for a conditional use permit involving a food service permit under § 225-74A(4) of Article X of this chapter which does not require an expanded EAF or DEIS and except for sign and facade permits], the applicant shall be liable for and shall pay the following costs, which may be incurred by the Village in processing the application:
[Amended 3-7-2001 by L.L. No. 4-2001]
(a)
Advertising.
(b)
Stenographic minutes of meetings and hearings.
(c)
Engineering costs for the Village Engineer.
(d)
Legal fees for the Village Attorney, which shall
be charged at an hourly rate approved by the Board of Trustees.
(e)
Recording fees.
(f)
Planning, sound, traffic, environmental, engineering
or other specialized study or consultant's fees.
(2)
All the foregoing fees and costs shall be consistent
with fees for services then prevailing in the community. All such
fees shall be billed by the Village on a monthly basis and shall be
paid within 15 days thereafter.
C.
Deposits.
(1)
In addition to the fees required by Subsection A hereof, the applicant shall deposit with the Village Clerk a sum of money to be used by the Village to defray the costs listed in Subsection B hereof which are actually and necessarily incurred by the Village in processing and reviewing the application. The sum deposited shall be as follows:
[Amended 3-7-2001 by L.L. No. 4-2001]
(a)
For all applications for a permit in connection with which the applicant may be liable for costs under Subsection B, the sum of $1,500.
(b)
If an expanded EAF or draft environmental impact
statement is required, or if it appears to the Village Clerk that
such an EAF or DEIS may be required, an additional sum of $1,500.
(2)
In the event that the amount of the above deposit is insufficient to cover the costs listed in Subsection B hereof, the applicant shall, at such time as is fixed by the Board of Trustees, deposit with the Village an amount deemed sufficient to defray all such costs. If the amount deposited exceeds the actual costs listed in Subsection B which are actually and necessarily incurred by the Village, the unused portion of such deposit shall be returned to the applicant within 60 days after the decision on the application is filed.
D.
Additional fees. For all applications requiring approval
of street and highway grades and drainage by the Nassau County Department
of Public Works, the applicant shall tender an additional fee of $1,500,
which fee shall be forwarded by the Village to the county pursuant
to the requirements of County Ordinance No. 171-1991. This fee shall
be increased or decreased in accordance with any future amendment
to the county ordinance.
E.
Action on application. No action shall be taken by
the Board of Trustees on any application subject to the provisions
of this section until all fees and deposits required hereunder are
paid in full.
