[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
| ||
---|---|---|
KEY:
| ||
D
|
=
|
Decisionmaking authority
|
R
|
=
|
Review required (other boards may review at the request
of the board with decisionmaking authority)
|
H
|
=
|
Public hearing required
|
A
|
=
|
Appeal authority
|
Procedure
|
Section
|
Decisionmaking Bodies
| ||||
---|---|---|---|---|---|---|
Board of Trustees
|
Planning Board
|
Zoning Board of Appeals
|
Architectural Review Board
|
Building Inspector
| ||
Amendments to Zoning Chapter (rezonings)
|
§ 360-5.6
|
D-H
|
R-H
|
R
| ||
Site development plans
|
§ 360-5.7
|
D-H
|
A-H
|
R
|
R
| |
Subdivisions
|
§ 360-5.8
|
D-H
|
A-H
| |||
Special use permits
|
§ 360-5.9
|
D-H
|
D-H
|
R
| ||
Variances
|
§ 360-5.10
|
D-H
|
R
| |||
Certificate of appropriateness
|
§ 360-5.11
|
A-H
|
D-H
|
R
| ||
Historic designation (historic district or landmark)
|
§ 360-5.12
|
D-H
|
R-H
|
R-H
|
R
| |
Sign permit
|
§ 360-5.13
|
A-H
|
D-H
|
R
| ||
Building permit (no board review required)
|
§ 360-5.14
|
A-H
|
D
| |||
Building permit (ARB review required)
|
§ 360-5.15
|
A-H
|
D-H
|
R
| ||
Certificate of occupancy
|
§ 360-5.17
|
A-H
|
D
| |||
Interpretation and appeals
|
§ 360-5.19
|
A-H
|
D
| |||
Tree removal permits
|
§ 360-5.18
|
D-H
|
A-H
|
R
| ||
Demolition permits
|
§ 360-5.16
|
D-H
|
A-H
|
R
|
R
|
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.
(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.
(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.
(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:
(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.
A.
Meetings of any decisionmaking boards shall be open to the public
and held at regular monthly intervals or at such other times as the
board may determine, subject to the notice requirements under New
York State Law. A public hearing may be held when it is deemed to
be in the public interest or required by the standards of this chapter.
B.
A majority of the members of a board shall constitute a quorum for
the transaction of business. Each board shall keep minutes of its
proceedings, showing the vote of each member upon each question or,
if absent or failing to vote, indicating such fact, and shall also
keep records of its examinations and other official actions.
C.
When relevant or necessary to carry out the provisions of this chapter,
the Board may exercise the following powers to assist it in arriving
at its decisions:
(1)
To conduct examinations and investigations.
(2)
To hear testimony and take proof, under oath if it should so
determine.
(3)
To enter, or delegate to any agent or representative of the
Board the power to enter, any building or property for the purpose
of conducting investigations, surveys or inspections.
D.
Boards shall have the power from time to time to adopt, amend and
repeal rules and regulations not inconsistent with law. Every such
rule or regulation, every amendment or repeal and every order, requirement
or decision shall immediately be filed with the Building Department
and shall be a public record.
E.
Boards shall have the power to employ consultants and to pay for
their services and such other expenses as may be necessary and proper.
The board, at its sole discretion, may require an applicant to reimburse
the Village for the cost of consultant services pertinent to the subject
application. Where such action is anticipated in advance, the Building
Inspector may require that an appropriate and reasonable sum be placed
in escrow by the applicant to cover such reimbursement.
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.[1]
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:
(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[2] 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.
[2]
Editor's Note: See § 382, Remedies, of the Executive
Law.
(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:
[1]
Building Inspector.
[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.
[4]
Planning Board.
[5]
Zoning Board of Appeals.
[6]
Board of Trustees.
(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)
|
§ 360-5.6
|
X
|
Xa
|
Xb
| |
Site development plans
|
§ 360-5.7
|
X
|
X
| ||
Subdivisions
|
§ 360-5.8
|
X
|
X
|
X
| |
Demolition permit
|
§ 360-5.16
|
X
|
X
| ||
Special use permits
|
§ 360-5.9
|
X
|
X
|
X
| |
Variances
|
§ 360-5.10
|
X
|
X
|
X
| |
Certificate of appropriateness
|
§ 360-5.11
|
X
|
X
|
X
| |
Historic designation (historic district or landmark)
|
§ 360-5.12
|
X
|
X
|
Xb
| |
Sign permit
|
§ 360-5.13
| ||||
Building permit (no board review required)
|
§ 360-5.14
| ||||
Building permit (ARB review required)
|
§ 360-5.15
|
X
| |||
Certificate of occupancy
|
§ 360-5.17
| ||||
Tree removal permit for significant trees
|
§ 360-5.18
|
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.
A.
Every building permit, certificate of appropriateness and approval
by the Planning Board or Architectural Review Board shall expire if
the work authorized has not commenced within 12 months after the date
of issuance or approval or has not been completed within 24 months
from such date. If no zoning amendments or other Village regulations
affecting the subject property have been enacted in the interim, the
Building Inspector shall authorize in writing the extension of the
latter period by an additional six months, following which no further
work is to be undertaken without a new building permit or approval
of the Planning Board or Architectural Review Board.
B.
Every variance or special permit shall expire if the work or use
authorized has not commenced within 12 months after the date of issuance.
In such case, the variance or special permit shall become null and
void.
A.
Purpose and applicability. The Board of Trustees may from time to
time on its own motion, or on petition, or on recommendation of the
Planning Board or the Zoning Board of Appeals or Architectural Review
Board amend, supplement or repeal the regulations and provisions of
this chapter after public notice and hearing, as provided in §§ 7-706
and 7-708 of the Village Law of the State of New York.
B.
Procedure.
(1)
Step one: Application submittal. Applicable.
(2)
Step two: Determination of application completeness. Applicable.
(3)
Step three: Application referral, review and staff report. Applicable,
with the following referral requirements:
(a)
Planning Board. Every such proposed amendment shall be referred
by the Board of Trustees to the Planning Board for a report before
the public hearing. The Board of Trustees shall not take action on
any such amendment without a recommendation from the Planning Board
unless the Planning Board fails to render such report within 60 days
after the next regularly scheduled meeting of such Board following
the time of such referral.
(b)
Rockland County Planning Board. Any change in the district classification
of or the regulations applying to real property lying within a distance
of 500 feet of the following shall be referred to the Rockland County
Planning Board prior to final action in accord with §§ 239-l
and 239-m of the General Municipal Law.
[1]
The boundary of any other municipality (also requires referral
to adjoining municipality).
[2]
The boundary of any existing or proposed county or state park
or other recreation area.
[3]
The right-of-way of any existing or proposed county or state
road, parkway or other controlled access highway.
[4]
The existing or proposed right-of-way of any stream or drainage
channel owned by the county for which the county has established channel
lines.
[5]
The existing or proposed boundary of any county- or state-owned
land on which a public building or institution is located.
(4)
Step four: Public notice. Applicable, with the following additional
notice requirements:
(a)
A written notice of any proposed change or amendment affecting
property within the protectively zoned area of a housing project authorized
under the Public Housing Law, as such area is shown on an approved
zoning map filed with the Zoning Office, shall be given to the housing
authority erecting or owning the project and to the government providing
financial aid for assistance thereto at least 10 days prior to the
date of such hearing.
(b)
A written notice of any proposed change or amendment affecting
property within 500 feet of the boundaries of any state park or parkway
shall be given in the regional State Park Commission having jurisdiction
over such state park or parkway no less than 10 days prior to the
date of such public hearing.
(c)
A written notice of any proposed change of amendment affecting
property within 500 feet of the boundaries of any municipality shall
be given to the Clerk of such municipality at least 10 days, but not
more than 30 days, prior to the date of such hearing.
(5)
Step five: Public hearing. Applicable, with the following modifications:
(a)
If a protest against the amendment signed by the owners of 20%
or more of the area of land included in such proposed change or of
that immediately adjacent and within 100 feet of that area of land
or that directly opposite thereto, as measured from the adjacent street
frontage, such amendment shall not become effective except by the
affirmative vote of at least four members of the Board of Trustees.
(b)
If the Rockland County Planning Board, following its review
of the amendment as required above, provides a recommendation for
disapproval or approval with modifications, along with a statement
for its reasons for such recommendation, such amendment shall not
become effective except by the affirmative vote of at least four members
of the Board of Trustees.
(6)
Step six: Decision and findings. Applicable.
C.
Criteria. In considering a proposed amendment, the Planning Board
and Board of Trustees shall consider the following items:
(1)
Text amendments.
(a)
Whether such change is consistent with the aims and principles
embodied in this chapter as to the particular districts concerned.
(b)
Which areas and establishments in the Village will be directly
affected by such change and in what way they will be affected.
(c)
The indirect implications of such change in its effect on other
regulations.
(d)
Whether such proposed amendment is consistent with the aims
of the Comprehensive Plan of the Village.
(2)
Zoning Map amendments.
(a)
Whether the uses permitted by the proposed change would be appropriate
in the area concerned.
(b)
Whether adequate public school facilities and other public services
exist or can be created to serve the needs of any additional dwelling
likely to be constructed as a result of such change.
(c)
Whether the proposed change is in accord with any existing or
proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the growth of the
Village as envisaged by the Comprehensive Plan.
(e)
Whether the proposed amendment is likely to result in an increase
or decrease in the total zoned residential capacity of the Village
and the probable effect thereof.
(3)
Consistency with Comprehensive Plan. In all cases where the
Board of Trustees shall approve an amendment to the Zoning Map, the
Board shall find that such amendment is consistent with the aims of
the Comprehensive Plan for the Village.
A.
Purpose. The purpose of the site development plan process is to ensure
compliance with the development and design standards and provisions
of this code, and to encourage quality development reflective of the
goals, policies and objectives of the Village Comprehensive Master
Plan. For development activity requiring a site plan review, no building
permits or other authorizations may be issued until a site plan showing
the proposed development has been approved in accordance with the
procedures and requirements of this section. The site development
plan process is intended to allow for the evaluation of both the intended
design, arrangement and uses of the area, as well as the impacts of
the development on the community.
B.
Applicability. Site development plan approval by the Planning Board
is required for:
[Amended 10-13-2016 by L.L. No. 3-2016]
(1)
The erection or enlargement of all buildings in all districts
(excluding signage), or any change in the site characteristics, including
but not limited to parking, traffic or pedestrian access, loading,
drainage, lighting, utilities, landscaping, sight lines or view corridors,
except as provided in § 360-5.14(A).
(2)
Any application for a special permit.
(3)
The amendment of any previously approved site development plan.
C.
Procedure.
(1)
Optional: Preapplication meeting. Recommended.
(2)
Step one: Application submittal. Applicable.
(3)
Step two: Determination of application completeness. Applicable.
(4)
Step three: Application referral, review and staff report. Applicable,
with the following modification: If the review will be advanced by
a joint meeting of the Planning Board and the Architectural Review
Board, either Board can schedule a joint meeting or request an advisory
opinion from the other Board. Only Planning Board members will vote
on topics of Planning Board jurisdiction and only ARB members will
vote on topics of ARB jurisdiction. Any site development plan application
that includes demolition shall be referred to the ARB for a formal
advisory recommendation. In particular, the ARB shall consider whether
the building(s) or structure(s) proposed for demolition may qualify
for designation as a landmark and how the demolition effects design
and appearance.
(5)
Step four: Public notice. Applicable, with the following modifications:
(a)
Posted notice. The applicant shall post notice of the scheduled
hearing at least every 20 feet along every property line, with a minimum
of one sign along each property line.
(b)
Mailed notice. The required mailed notice shall be sent by first
class mail for those applications that seek a change in the designation
of an existing zoning district.
(6)
Step five: Public hearing. Applicable, with the following modification:
The Planning Board shall hold a public hearing on the application
within 62 days of submission of a complete application.
(7)
Step six: Decision and findings. Applicable, with the following
modification: The Planning Board shall approve, approve with modifications
or deny the application within 62 days of the conclusion of the public
hearing.
D.
Criteria. In approving the site development plan for any particular
use, the Planning Board shall take into consideration the public health,
safety and general welfare, the comfort and convenience of the public
in general and of the residents of the immediate neighborhood in particular,
advice of the Architectural Review Board, and may attach such reasonable
conditions and safeguards as a precondition to approval of said plan
which will further the general purpose and intent of this chapter
and the Village Comprehensive Master Plan. In addition, the Planning
Board shall give specific consideration to the design of the following:
(1)
Location, arrangement, massing, scale and design of buildings
and associated structures (e.g., signs, fences, lighting).
(2)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths and sections, pavement surfaces,
dividers and traffic controls.
(3)
Location, arrangement, appearance and amount of off-street parking
and loading.
(4)
Adequacy and arrangement of pedestrian traffic access and circulation,
sidewalks, crosswalks and overall pedestrian convenience and safety.
(5)
Adequacy and arrangement of landscaping materials, including the preservation of existing significant trees in accordance with § 360-4.4C.
(6)
Adequacy of stormwater and drainage facilities.
(7)
Adequacy of utilities, including underground electric service,
water supply and sewage disposal facilities.
(8)
Preservation and maintenance of view corridors and sight lines
(particularly Hudson River views).
(9)
Continuation of pattern of front setbacks established by the
streetscape.
A.
Purpose. Pursuant to the provisions of Article 7 of the Village Law
of the State of New York, the Planning Board of the Village of Nyack
is authorized and empowered to approve plats showing lots, blocks
or sites, with or without streets or highways, to conditionally approve
preliminary plats and to approve the development of plats, entirely
or partially undeveloped, to be filed in the office of the Rockland
County Clerk. It is declared to be the Policy of the Planning Board
to consider land subdivision regulations as part of a plan for the
orderly, efficient and economical development of the Village. This
means, among other things, that land to be subdivided shall be of
such character that it can be used safely for building purposes without
danger to health or peril from fire, flood or other menace; that proper
provision shall be made for drainage, water supply, sewerage and other
needed improvements; that all proposed lots shall be so laid out and
of such size as to be in harmony with the development pattern of the
neighboring properties; that the proposed street pattern shall conform
to the Official Zoning Map and shall be properly related to the proposals
shown on the Master Plan and shall be of such width, grade and location
as to accommodate the prospective traffic, to facilitate fire protection
and to provide access of fire-fighting equipment to buildings; and
that proper provision shall be made for parks and playgrounds.
B.
Applicability. Whenever any subdivision of land is proposed, and
before any contract for the sale or any offer with respect to any
part thereof; and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the subdivider or his
duly authorized agent shall apply in writing for approval of such
proposed subdivision in accordance with the following procedures.
Proposed subdivisions shall be classified as follows:
[Amended 2-12-2015 by L.L. No. 2-2015]
(1)
Major subdivision: any subdivision containing more than four
lots, or any subdivision requiring any new public street extension
or the extension of municipal facilities
(2)
Minor subdivision: a subdivision containing not more than four
lots which has frontage on an existing public street and which does
not require any new municipal street, street extension, or extension
of municipal facilities.
C.
Preliminary subdivision plat procedures.
(1)
Submission of proposed plat. Any owner of land shall, prior
to subdividing or resubdividing land, submit to the Village Clerk,
at least 14 days prior to the regular meeting of the Planning Board,
eight copies of a proposed plan of the subdivision which shall comply
with the requirements of § 7-728 of the Village Law of the
State of New York, along with the required fee, payable to the "Village
of Nyack," as follows:
[Amended 1-13-2011 by L.L. No. 2-2011; 2-12-2015 by L.L. No.
2-2015]
(2)
Required information. The following documents shall be submitted
as part of the preliminary plat:
(a)
Eight copies of the preliminary plat prepared at a scale of
not more than 100 nor less than 50 feet to the inch, showing the following
items:
[1]
Proposed subdivision name, name of Village and county in which
it is located, date, true North point, scale, name and address of
record owner, subdivider and engineer or surveyor, including license
number and seal.
[2]
The name of all subdivisions immediately adjacent and the name
of the owners of record of all adjacent property.
[3]
Zoning district, including exact boundary lines of district,
if more than one district, and any proposed changes in the zoning
district lines and/or the Zoning Chapter text applicable to the area
to be subdivided.
[4]
All parcels of land proposed to be dedicated to public use and
the conditions of such dedication.
[5]
Location of existing property lines, easements, buildings, watercourses,
marshes, rock outcrops, wooded areas, significant trees, historically
significant features, view corridors to the Hudson River along public
rights-of-way and other significant existing features for the proposed
subdivision and adjacent property.
[6]
Location of existing sewers, water mains, culverts and drains
on the property, with pipe sizes, grades and direction of flow.
[7]
Contours with intervals of two feet or as required by the Board,
including elevations on exiting roads. The grading plan shall show
natural and proposed contours if such exceed a two-foot change.
[8]
The width and location of any streets or public ways or places
shown on the Official Map or the Master Plan within the area to be
subdivided and the width, location, grades and street profiles of
all streets or public ways proposed by the developer.
[9]
The approximate location and size of all proposed water lines,
valves and hydrants and sewer lines and fire-alarm boxes; connection
to existing lines or alternate means of water supply.
[10]
Storm drainage plan indicating the approximate
location, size and type of storm drains and their proposed lines and
profiles. Connection to existing lines or alternate means of disposal.
[11]
Plans and cross sections showing the proposed
location and type of sidewalks, streetlighting standards, trees, curbs,
water mains, the character, width and depth of pavements and subbase,
the location of manholes, basins and underground conduits, and any
retaining walls proposed to be over four feet in height.
[12]
Plans for sanitary sewers, connections to existing
lines or alternate means of treatment and disposal.
[13]
Preliminary designs of any bridges or culverts
which may be required.
[14]
The proposed lot lines, with approximate dimensions
and area of each lot.
[15]
Where the topography is such as to make difficult
the inclusion of any of the required facilities within the public
areas as laid out, the boundaries of proposed permanent easements
or under private property. The permanent easements shall be of adequate
width and shall provide satisfactory access to an existing public
highway or other public highway or public open shown on the subdivision
plat or the Official Village Zoning Map.
[16]
An actual field survey of the boundary lines of
the tract, giving complete descriptive data by bearings and distances,
made and certified to by a licensed land surveyor. The corners of
the tract shall also be located on the ground and marked by substantial
monuments of such size and type as approved by the Village Engineer
and shall be referenced and shown on the plat.
[17]
A bulk table.
[18]
A title abstract, and a municipal violation report
indicating that the premises are free from violations.
(b)
If the application covers only a part of the subdivider's entire
holding, an accurate map of the entire tract, drawn at a scale of
not more than 400 feet to the inch, showing an outline of the platted
area with its proposed streets and indication of the probable future
street system with its grades and drainage in the remaining portion
of the tract and the probable future drainage layout of the entire
tract. The part of the subdivider's entire holding submitted shall
be considered in the light of the entire holding.
(c)
A copy of such covenants or deed restrictions that are intended
to cover all or part of the tract.
(3)
Discussion. The subdivider or his duly authorized representative
shall attend the meeting of the Planning Board to discuss the requirements
of these regulations for street improvements, drainage, sewage, water
supply, fire protection and similar aspects, as well as the availability
of existing services and other pertinent information.
(4)
Approval of preliminary plat.
(a)
Submission of preliminary plats. All plats shall be submitted
to the Planning Board for approval in final form; provided, however,
the owner may submit or the Planning Board may require that the owner
submit a preliminary plat for consideration. Such a preliminary plat
shall be clearly marked "preliminary plat" and shall conform to the
definition provided in this section.
(b)
Coordination with the 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. The Planning Board shall make
a determination of lead agency status within a reasonable amount of
time from its receipt of the preliminary plat.
(c)
Receipt of a complete preliminary plat. A preliminary plat shall
not be considered complete until a negative declaration has been filed
or until a notice of completion of the draft environmental impact
statement has been filed in accordance with the provisions of the
State Environmental Quality Review Act. The time periods for review
of a preliminary plat shall begin upon filing of such negative declaration
or such notice of completion.
(d)
Planning Board as lead agency under the State Environmental
Quality Review Act; public hearing; notice; decision.
[1]
Public hearing on preliminary plats. The time within which the
Planning Board shall hold a public hearing on the preliminary plat
shall be coordinated with any hearings the Planning Board may schedule
pursuant to the State Environmental Quality Review Act, as follows:
[a]
If such Board determines that the preparation of
an environmental impact statement on the preliminary plat is not required,
the public hearing on such plat shall be held within 62 days after
the receipt of a complete preliminary plat by the Clerk of the Planning
Board; or
[b]
If such Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, the public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
[2]
Public hearing; notice, length. The hearing on the preliminary
plat shall be advertised at least once in a newspaper of general circulation
in the Village at least five days before such hearing if no hearing
is held on the draft environmental impact statement, or 14 days before
a hearing held jointly therewith. The Planning Board may provide that
the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such preliminary plat.
The hearing on the preliminary plat shall be closed upon motion of
the Planning Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall approve, with or without
modification or disapprove such preliminary plat as follows:
[a]
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, such Board shall make its decision within 62 days after
the close of the public hearing; or
[b]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the preliminary plat. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary
plat.
[4]
Grounds for decision. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
(e)
Planning Board not as lead agency under the State Environmental
Quality Review Act; public hearing; notice; decision.
[1]
Public hearing on preliminary plats. The Planning Board shall,
with the agreement of the lead agency, hold the public hearing on
the preliminary plat jointly with the lead agency's hearing on the
draft environmental impact statement. Failing such agreement, or if
no public hearing is held on the draft environmental impact statement,
the Planning Board shall hold the public hearing on the preliminary
plat within 62 days after the receipt of a complete preliminary plat
by the Clerk of the Planning Board.
[2]
Public hearing; notice, length. The hearing on the preliminary
plat shall be advertised at least once in a newspaper of general circulation
in the Village at least five days before such hearing if held independently
of the hearing on the draft environmental impact statement, or 14
days before a hearing held jointly therewith. The Planning Board may
provide that the hearing be further advertised in such manner as it
deems most appropriate for full public consideration of such preliminary
plat. The hearing on the preliminary plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall by resolution approve, with
or without modification, or disapprove the preliminary plat as follows:
[a]
If the preparation of an environmental impact statement
on the preliminary plat is not required, the Planning Board shall
make its decision within 62 days after the close of the public hearing
on the preliminary plat.
[b]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the preliminary plat within 62 days after the close of the public
hearing on such preliminary plat or within 30 days of the adoption
of findings by the agency, whichever period is longer.
[4]
Grounds for decision. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
(f)
Certification and filing of preliminary plat. Within five business
days of the adoption of the resolution granting approval of such preliminary
plat, such plat shall be certified by the Clerk of the Planning Board
as having been granted preliminary approval, and a copy of the plat
and resolution shall be filed in such Clerk's office. A copy of the
resolution shall be mailed to the owner.
(g)
Filing of decision on preliminary plat. Within five business
days from the date of the adoption of the resolution stating the decision
of the Board on the preliminary plat, the Chairman or other duly authorized
member of the Planning Board shall cause a copy of such resolution
to be filed in the office of the Village Clerk.
(h)
Revocation of approval of preliminary plat. Within six months
of the approval of the preliminary plat the owner must submit the
plat in final form. If the final plat is not submitted within six
months, approval of the preliminary plat may be revoked by the Planning
Board.
D.
Final subdivision plat procedures.
(1)
Plat for subdivision, application and fee. The subdivider shall file an application for the subdivision in the form described in Article IV, § 50-20, hereof. The plat shall, in all respects, comply with the requirements set forth in § 7-728 of the Village Law of the State of New York. Unless an application fee has been previously paid with the submission of the preliminary subdivision plat, the application for approval of the final plat shall be accompanied by a fee of $5,000, or such fee as per the schedule adopted by the Board of Trustees and posted in the Building Department.
(2)
Number of copies. Eight copies of the plat, accompanied by a
fee and all data required in the following subsection, shall be presented
to the Planning Board Clerk at least 14 days prior to a regular meeting
of the Planning Board. The original and one true copy of all offers
of cession, covenants and agreements must also be submitted.
(3)
Required information.
(a)
The plat to be filed with the County Clerk shall be printed
upon Mylar. The size of the sheets shall be 20 inches by 20 inches
or 20 inches by 40 inches, including a margin for binding of two inches
outside of the border along the left side and a margin of one inch
outside of the border along the remaining sides. The plat shall be
drawn at a scale of not less than 30 feet or more than 100 feet to
the inch and oriented with the North point at the top of the map.
A vicinity plan scale not more than 1,000 feet to the inch shall be
included. When more than one sheet is required, an additional index
sheet of the same size shall be filed showing to scale the entire
subdivision with lot and block numbers clearly legible.
(b)
The plat shall show the following items:
[1]
Proposed subdivision name or identifying title, the name of
the Village and county, the name and address of the record owner and
subdivider and the name, license number and seal of the licensed land
surveyor.
[2]
Street lines, pedestrian ways, lots, reservations, easements
and areas to be dedicated to public use.
[3]
Sufficient data acceptable to the Village Engineer to determine
readily the location, bearing and length of every street line, lot
line, boundary line and to reproduce such lines upon the ground. Where
applicable, these should be referenced to monuments included in the
state system of plane coordinates and, in any event, should be tied
to reference points previously established by a public authority.
[4]
The length and bearing of all straight lines, radii, length
of curves and central angles of all curves and tangent bearings for
each street. All dimensions and angles of the lines of each lot shall
also be given. All dimensions shall be shown in feet and decimals
of a foot. The plat shall show the boundaries of the property, location,
graphic scale and true North point.
[5]
By proper designation thereon, all public open spaces for which
deeds are included and those spaces title to which is reserved by
the developer. For any of the latter, there shall be submitted with
the subdivision plat copies of agreements or other documents showing
the manner in which such areas are to be maintained and the provisions
made therefor.
[6]
All offers of cession and covenants governing the maintenance
of unceded open space shall bear the certificate of approval of the
Village Attorney as to their legal sufficiency.
[7]
Lots and blocks within a subdivision shall be numbered in alphabetical
order in accordance with the prevailing Village practice and shall
bear tax lot designations as duly assigned.
[8]
Permanent reference monuments shall be shown and shall be constructed
in accordance with specifications of the Village Engineer. When referenced
to the state system of plane coordinates, they shall also conform
to the requirements of the State Department of Transportation. They
shall be placed as required by the Village Engineer and their location
noted and referenced upon the plat.
[9]
All lot corner markers shall be permanently located satisfactorily
to the Village Engineer, at least 3/4 inch (if metal) in diameter
and at least 24 inches in length and located in the ground to existing
grade.
[10]
Monuments of a type approved by the Village Engineer
shall be set at all corners and angle points of the boundaries of
the original tract to be subdivided and at all street intersections,
angle points in street lines, points of curve and such intermediate
points as shall be required by the Village Engineer.
(c)
Construction drawings, including plans, profiles and typical
cross sections as required, showing the proposed location, size and
type of streets, sidewalks, streetlighting standards, street trees,
existing significant trees, water mains, sanitary sewers and storm
drains, pavements and subbase, manholes, catch basins and other facilities,
and retaining walls proposed to be over four feet in height, shall
also be submitted.
(d)
Official submission date. The time of submission of the subdivision plat shall be considered to be the date of the regularly scheduled meeting of the Planning Board at least 14 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article IV, § 50-20, of these regulations, has been filed with the Village Clerk.
(e)
Endorsement by state and county agencies. Applications for approval
of plans for sewer facilities shall be approved by the applicable
sewer services agency (with proof of same provided to the Planning
Board), and filed by the subdivider with appropriate Village, county
(including the Rockland County Drainage Agency) and state agencies,
and for water facilities with the Village's Water Department. Endorsement
and approval by the Rockland County Department of Health, if required,
shall be secured by the subdivider before submission of the subdivision
plat.
(4)
Final plats which are in substantial agreement with approved
preliminary plats. When a final plat is submitted which the Planning
Board deems to be in substantial agreement with a preliminary plat
approved pursuant to this section, the Planning Board shall by resolution
conditionally approve, with or without modification, disapprove, or
grant final approval and authorize the signing of such plat, within
62 days of its receipt by the Clerk of the Planning Board.
(5)
Final plats when no preliminary plat is required to be submitted;
receipt of complete final plat. When no preliminary plat is required
to be submitted, a final plat shall not be considered complete until
a negative declaration has been filed or until a notice of completion
of the draft environmental impact statement has been filed in accordance
with the provisions of the State Environmental Quality Review Act.
The time periods for review of such plat shall begin upon filing of
such negative declaration or such notice of completion.
(6)
Final plats not in substantial agreement with approved preliminary
plats, or when no preliminary plat is required to be submitted. When
a final plat is submitted which the Planning Board deems not to be
in substantial agreement preliminary plat approved pursuant to this
section, or when no preliminary plat is required to be submitted and
a final plat clearly marked "final plat" is submitted conforming to
the definition provided by this section, the following shall apply:
(a)
Planning Board as lead agency; public hearing; notice; decision.
[1]
Public hearing on final plats. The time within which the Planning
Board shall hold a public hearing on such final plat shall be coordinated
with any hearings the Planning Board may schedule pursuant to the
State Environmental Quality Review Act, as follows:
[a]
If such Board determines that the preparation of
an environmental impact statement is not required, the public hearing
on a final plat not in substantial agreement with a preliminary plat,
or on final plat when no preliminary plat is required to be submitted,
shall be held within 62 days after the receipt of a complete final
plat by the Clerk of the Planning Board; or
[b]
If such Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the final plat and
the draft environmental impact statement shall be held jointly within
62 days after the filing of the notice of completion of such draft
environmental impact statement in accordance the provisions of the
State Environmental Quality Review Act. If no public hearing is held
on the draft environmental impact statement, the public hearing on
the final plat shall be held within 62 days following filing of the
notice of completion.
[2]
Public hearing; notice, length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the Village at least five days before such hearing if no hearing
is held on the draft environmental impact statement, or 14 days before
a hearing held jointly therewith. The Planning Board may provide that
the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such final plat. The
hearing on the final plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall make its decision on the
final plat as follows:
[a]
If such Board determines that the preparation of
an environmental impact statement on the final plat is not required,
the Planning Board shall by resolution conditionally approve, with
or without modification, disapprove, or grant final approval and authorize
the signing of such plat, within 62 days after the date of the public
hearing; or
[b]
If such Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the final plat. Within 30 days of the filing of the final environmental
impact statement, the Planning Board shall issue findings on such
final environmental impact statement and shall by resolution conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of such plat.
[4]
Grounds for decision, the grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Planning Board.
(b)
Planning Board not as lead agency; public hearing; notice; decision.
[1]
Public hearing. The Planning Board shall, with the agreement
of the lead agency, hold the public hearing on the final plat jointly
with the lead agency's hearing on the draft environmental impact statement.
Failing such agreement, or if no public hearing is held on the draft
environmental impact statement, the Planning Board shall hold the
public hearing on the final plat within 62 days after the receipt
of a complete final plat by the Clerk of the Planning Board.
[2]
Public hearing; notice, length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the Village at least five days before such hearing if held independently
of the hearing on the draft environmental impact statement, or 14
days before a hearing held jointly therewith. The Planning Board may
provide that the hearing be further advertised in such manner as it
deems most appropriate for full public consideration of such final
plat. The hearing on the final plat shall be closed upon motion of
the Planning Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall by resolution conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of such plat as follows:
[a]
If the preparation of an environmental impact statement
on the final plat is not required, the Planning Board shall make its
decision within 62 days after the close of the public hearing on the
final plat.
[b]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the final plat within 62 days after the close of the public hearing
on such final plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
[c]
The Planning Board shall, within 90 days of the
meeting, make specific recommendations in writing to be incorporated
by the applicant in the application for final approval. The Planning
Board shall state any specific changes which it will require in the
proposed subdivision plat; the character and extent of the required
improvements fix which waivers may have been requested and which,
in its opinion, may be waived without jeopardy to the public health,
safety, morals and general welfare; the amount of improvement or the
amount of all bonds therefor which it will require as a prerequisite
to the approval of the subdivision plat. If the final plat is not
submitted within six months after approval of the preliminary plat,
the Planning Board may require resubmission of the preliminary plat.
(7)
Approval and certification of final plats.
(a)
Certification of plat. Within five business days of the adoption
of the resolution granting conditional or final approval of the final
plat, such plat shall be certified by the Clerk of the Planning Board
as having been granted conditional or final approval and a copy of
such resolution and plat shall be filed in such Clerk's office. A
copy of the resolution shall be mailed to the owner. In the case of
a conditionally approved plat, such resolution shall include a statement
of the requirements which, when completed, will authorize the signing
thereof. Upon final approval of a final plat, or upon completion of
such requirements of a conditionally approved plat, the plat shall
be signed by the Chairperson of the Planning Board, or by a duly authorized
officer of the Planning Board, and a Mylar copy of such signed plat
shall be filed in the office of the Clerk of the Planning Board, filed
with the Village Clerk, filed in the office of the Orangetown Tax
Assessor (five copies), and filed in the office of the Rockland County
Clerk. Additionally, in accordance with the Rockland County Stream
Control Act, the Rockland County Drainage Agency must review, approve
and sign all subdivision plats before they are filed in the office
of the Rockland County Clerk.
(b)
Approval of plat in sections. In granting conditional or final
approval of a plat in final form, the Planning Board may permit the
plat to be subdivided and developed in two or more sections and may
in its resolution granting conditional or final approval state that
such requirements as it deems necessary to insure the orderly development
of the plat be completed before said sections may be signed by the
duly authorized officer of the Planning Board. Conditional or final
approval of the sections of a final plat may be granted concurrently
with conditional or final approval of the entire plat, subject to
any requirements imposed by the Planning Board.
(c)
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval unless all requirements stated in
such resolution have been certified as completed. The Planning Board
may extend, by not more than two additional periods of 90 days each,
the time in which a conditionally approved plat must be submitted
for signature if, in the Planning Board's opinion, extension is warranted
by the particular circumstances.
(d)
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made in any subdivision plat after approval
has been given by the Planning Board and endorsed in writing on the
plat, unless the plat is first resubmitted to the Planning Board and
such Board approves any modifications. In the event that any such
subdivision plat is recorded without complying with this requirement,
or contrary to this provision, the same shall be considered null and
void, and the Board shall institute proceedings to have the plat stricken
from the records of the County Clerk.
(8)
Required improvements.
(a)
Improvements and performance bond. Before the Chairman of the
Planning Board signs the subdivision plat, the subdivider shall follow
the procedure set forth in either of the following subsections:
[1]
The subdivider shall file with the Village Clerk, in an amount
set by the Planning Board, either a cash deposit or irrevocable letter
of credit, which complies with the requirements of § 7-728
of the Village Law of the State of New York, and satisfactory to the
Board of Trustees and the Village Attorney as to form, sufficiency,
manner of execution and surety. A period of one year (or other period,
not exceeding three years, which the Planning Board deems appropriate)
shall be set forth in connection with the cash deposit or the terms
of the letter of credit, as the time in which required improvements
must be completed.
[2]
The subdivider shall complete all required improvements to the
satisfaction of the Village Engineer, who shall file with the Planning
Board a letter signifying the satisfactory completion of all improvements
required by the Board. For any required improvements not completed
or not approved by the Village Engineer, the subdivider shall file
with the Village Clerk a cash deposit or irrevocable letter of credit
covering the cost of such improvements. Any such cash deposit or irrevocable
letter of credit shall be satisfactory to the Board of Trustees and
the Village Attorney as to form, sufficiency, manner of execution
and surety.
(b)
Completion of improvements. The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Village Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection D(8)(a)[2], then said map shall be submitted prior to endorsement of the plat by the Chairman of the Planning Board. However, if the subdivider elects to provide a cash deposit or irrevocable letter of credit for all required improvements as specified in Subsection D(8)(a)[1], such cash or letter of credit shall not be released until such a map is submitted.
(c)
Modification of design of improvements. If, at any time before
or during the construction of the required improvements, it is demonstrated
to the satisfaction of the Village Engineer that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the Village Engineer may, upon approval
by a previously delegated member of the Planning Board, authorize
modifications, provided that these modifications are within the spirit
and intent of the Planning Board's approval and do not extend to the
waiver or substantial alteration of the function of any improvements
required by the Board. The Village Engineer shall issue any authorization
under this section in writing and shall transmit a copy of such authorization
to the Planning Board at its next regular meeting.
(d)
Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall pay to
the Village Clerk the inspection fee required by the Board of Trustees
and shall notify said Board in writing as to the time when he proposes
to commence construction of such improvements so that the Board may
cause inspection to be made to assure that all Planning Board specifications
and requirements shall be met during the construction of required
improvements, to assure adequate protection of existing vegetation
and historic resources, if any, and to assure the satisfactory completion
of improvements and installation of utilities required by the Planning
Board.
(e)
Proper installation of improvements. If the Village Engineer
shall find, upon inspection of the improvements performed before the
expiration date of the performance bond, that any of the required
improvements have not been constructed in accordance with plans and
specifications filed by the subdivider, he shall so report to the
Board of Trustees, Building Inspector and Planning Board. The Board
of Trustees then shall notify the subdivider and, if necessary, the
bonding company and take all necessary steps to preserve the Village's
rights under the bond. No plat shall be approved by the Planning Board
so long as the subdivider is in default on a previously approved plat.
E.
Criteria. The Planning Board shall study the practicability of the
proposed subdivision plat, taking into consideration the requirements
of the community and the best use of land being subdivided. Particular
attention shall be given to the arrangement, location and width of
streets; their relation to the topography of the land; preservation
of view corridors to the Hudson River along existing public rights-of-way;
water supply; sewage disposal; drainage; lot sizes and arrangement;
the future development of adjoining lands as yet unsubdivided; neighborhood
traffic patterns; and the requirements of the Master Plan, the Official
Zoning Map and the zoning laws, and the comments of other interested/involved
agencies (including but not limited to the Rockland County Planning
Department; Rockland County Highway Department; Rockland County Drainage
Agency; NYSDOT; NYSDEC; municipalities located within 1,000 feet of
the proposed subdivision; New York State Thruway Authority; Rockland
County Health Department).
F.
Other requirements.
(1)
Public streets and recreation areas.
(a)
Public acceptance of streets. The approval by the Planning Board
of a subdivision plat shall not be deemed to constitute or be evidence
of any acceptance by the Village of any street, easement or other
open space shown on such subdivision plat, which shall only be established
by the execution of a recordable dedication document submitted by
the applicant to the Mayor after approval by the Village Attorney.
(b)
Ownership and maintenance of recreation areas. When a park,
playground or other recreation area shall have been shown on a plat,
the approval of said plat shall not constitute an acceptance by the
Village of such area unless a map note on the plat indicates that
the Village or another municipal entity is accepting same. The Planning
Board shall require the plat to be endorsed with appropriate notes
to this effect. The Planning Board may also require the filing of
a written agreement between the applicant and the Board of Trustees
covering future deed and title dedication and provision for the cost
of grading, development, equipment and maintenance of any such recreation
area.
(2)
Cluster development. In those instances where the Planning Board
is empowered to modify applicable provisions of the Zoning Chapter,
in accordance with the provisions of § 7-738 of the Village
Law of the State of New York for the purpose of enabling and encouraging
flexibility of design and development of land in such a manner as
to promote the most appropriate use of land or to facilitate the adequate
and economic use of streets and utilities and to preserve the natural
and scenic qualities of open lands, the following shall be the procedures
and standards:
(a)
Request by subdivider. A subdivider may request the use of § 7-738
simultaneously with or subsequent to presentation of the preliminary
plan as per procedure described in this article. Any submission subsequent
to preliminary approval of a plat shall require a reapplication for
preliminary plat review.
(b)
Request by Planning Board. The Planning Board may request the
use of § 7-738 simultaneously with or subsequent to presentation
of the preliminary plan as per procedure described in this article.
Any submission subsequent to preliminary approval of a plat shall
require a reapplication for preliminary plat review.
(c)
Park, recreation, open space or other municipal purposes. If
the application of this procedure results in a plat showing land available
for park, recreation, open space or other municipal purposes directly
related to the plat, then conditions as to ownership, use and maintenance
of such lands as are necessary to assure the preservation of such
lands for their intended purposes shall be set forth by the Planning
Board. Such conditions shall be set forth in notes on the plat.
(d)
Plat submission. A preliminary plat meeting all of the requirements
of the Village Law § 7-738 shall be presented to the Planning
Board, and thereafter the Planning Board shall proceed with the required
public hearings and all other requirements of these regulations. A
plat submitted by a subdivider for cluster development shall include
a separate sheet showing a standard layout that meets all zoning and
subdivision requirements in order to determine the lot count for the
cluster development.
(e)
Filing; notation on Zoning Map. On the filing of a plat in the
office of the County Clerk of a plat in which § 7-738 has
been used, the subdivider shall file a copy with the Village Clerk,
who shall make appropriate notations and reference thereto in the
Village Zoning Map. The Village Clerk shall notify the Building Inspector
when such a plat is filed.
(3)
Payment of professional fees. Any professional fees incurred
in connection with the subdivision review shall be paid by the applicant,
who shall deposit an amount of monies in escrow with the Building
Department, in an amount determined by the Building Inspector, at
the time of the application. Billing statements submitted in connection
with the subdivision review shall be paid from this escrow account,
which shall be replenished at the request of the Building Department.
All fees must be paid in full prior to final plat being executed by
the Chairman of the Planning Board.
A.
Purpose and applicability. This section provides for the review and
approval of special permit uses, as identified by Table 3-1 of this
chapter[1], by the Zoning Board of Appeals or Planning Board. Such
uses typically have unique or widely varying operating characteristics
or unusual site development features. While they may be appropriate
in a given zoning district, the procedure below encourages public
review and evaluation of the specific characteristics of the proposed
use and the site in order to assure that proposed special permit uses
are in harmony with this chapter and will not adversely affect the
surrounding neighborhood or the community at large. In addition, the
merger of two or more lots requires a special permit approval.
[Amended 7-16-2015 by L.L. No. 3-2015]
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
B.
Procedure.
(1)
Step one: Application submittal. Applicable.
(2)
Step two: Determination of application completeness. Applicable.
(3)
Step three: Application referral, review and staff report.
(a)
Applicable, with the following addition: If an application for
a special permit is within 500 feet of any area described below, it
shall be referred to the Rockland County Planning Board in accordance
with §§ 239-l and 239-m of the General Municipal Law:
[1]
The boundary of any other municipality (also requires referral
to adjoining municipality).
[2]
The boundary of any existing or proposed county or state park
or other recreation area.
[3]
The right-of-way of any existing or proposed county or state
road, parkway or other controlled access highway.
[4]
The existing or proposed right-of-way of any stream or drainage
channel owned by the county for which the county has established channel
lines.
[5]
The existing or proposed boundary of any county- or state-owned
land on which a public building or institution is located.
(b)
The Rockland County Planning Board shall review the matter and
report its approval, disapproval or recommended modifications within
30 days after receipt of a full statement of the proposed action.
(5)
Step five: Public hearing. Applicable, with the following addition:
The Zoning Board of Appeals or Planning Board must render a decision
on the special permit application within 62 days following the close
of said hearing.
[Amended 7-16-2015 by L.L. No. 3-2015]
(6)
Step six: Decision and findings. Applicable, with the following
addition: The Zoning Board of Appeals or Planning Board may require
that special permits be periodically renewed. Such renewal shall be
granted following due public notice and hearing consistent with the
procedures of this section. Renewal may be withheld only upon a determination
by the Building Inspector that such conditions as may have been prescribed
by the Board in conjunction with the issuance of the original permit
have not been or are no longer being complied with. In such cases,
a period of 60 days shall be granted the applicant for full compliance
prior to the revocation of said permit.
[Amended 7-16-2015 by L.L. No. 3-2015]
C.
Criteria. In authorizing the issuance of a special permit, the Zoning
Board of Appeals or Planning Board shall take into consideration the
public health, safety and welfare and shall prescribe appropriate
conditions and safeguards to ensure the accomplishment of the following
objectives:
[Amended 7-16-2015 by L.L. No. 3-2015]
(1)
That all proposed structures, equipment and material shall be
readily accessible for fire and police protection.
(2)
That the proposed use shall be of such location, size and character
that, in general, it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated
and will not be detrimental to the orderly development of adjacent
properties in accordance with the zoning classification of such properties.
(3)
That, in the case of any use located in or directly adjacent
to a residential district:
(a)
The location and size of such use, the nature and intensity
of operations involved in or conducted in connection therewith, its
site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
or inconvenient to or incongruous with said residential district or
conflict with the normal traffic of the neighborhood.
(b)
The location and height of buildings, the location, nature and
height of walls and fences and the nature and extent of landscaping
on the site shall be such that the use will not hinder or discourage
the appropriate development and use of adjacent land and buildings
or impair the value thereof.
D.
Conforming uses. Any use for which a special permit has been granted
shall be considered a conforming use, provided that:
A.
Purpose and applicability.
(1)
The variance process is intended to provide limited relief from
the requirements of this chapter subject to terms and conditions to
be fixed by the Zoning Board of Appeals as will not be contrary to
the public interest. The Zoning Board of Appeals may authorize, upon
appeal in specific cases, a variance when, owing to exceptional and
extraordinary circumstances, the strict application of the terms of
this chapter will create a practical difficulty or unnecessary hardship
on the use of the land.
(2)
It is not intended that variances be granted merely to remove
inconveniences or financial burdens that the requirements of this
chapter may impose on property owners in general. In addition, the
needs or desires of a particular party shall not, either alone or
in conjunction with other factors, afford any basis for the granting
of a variance. Nor shall the fact that the improvements already existing
at the time of the application are old, obsolete, outmoded or in disrepair,
or the fact that the property is unimproved be deemed sufficient for
approval of a variance.
(3)
In all cases where the Zoning Board of Appeals grants a variance
from the strict application of the requirements of this chapter, it
shall be the duty of such Board to attach conditions and safeguards
as may be required in order that the result of its action may be as
nearly as possible in accordance with the spirit and intent of this
chapter.
(4)
A "use variance" is required for an application for a use not
permitted in the underlying zoning district by this chapter. An "area
variance" is required for an application involving a deviation from
an area requirement provided in this chapter. While the criteria for
the two types of variance are distinct, the review procedure is the
same.
B.
Procedures.
(1)
Step one: Application submittal. Applicable.
(2)
Step two: Determination of application completeness. Applicable.
(3)
Step three: Application referral, review and staff report. Applicable,
with the following modifications:
(a)
If, in the opinion of the Building Inspector, any application
submitted does not comply with the provisions of the chapter, the
Building Inspector shall return one copy of the plans, along with
a copy of the disapproval to the applicant, and forward one copy of
the application to the Chairman of the Zoning Board of Appeals.
(b)
Within 20 days after the date of the written disapproval by
the Building Inspector of any such application, the applicant may
appeal to the Zoning Board of Appeals from such ruling by serving
upon the Village Clerk, in duplicate, a written notice of appeal addressed
to the Building Inspector and to the Zoning Board of Appeals, of the
taking of such an appeal from such decision specifying the grounds
of the appeal. Such service upon the Village Clerk shall be deemed
proper service upon the Building Inspector and upon the Zoning Board
of Appeals. The Village Clerk shall immediately forward to the Building
Inspector and to the Chairman of the Zoning Board of Appeals said
due notice of appeal.
(c)
At least 14 days before the date of any public hearing the Zoning
Board of Appeals shall transmit to the Planning Board a copy of any
appeal or application, together with a copy of the notice of such
hearing as required below. The Planning Board and Architectural Review
Board may submit to the Zoning Board of Appeals an advisory opinion
on said appeal or application at least 48 hours prior to the hearing.
(d)
If an application for a variance is for property located in
an area covered by with §§ 239-l and 239-m of the General
Municipal Law it shall be referred to the Rockland County Planning
Board in accordance with that law.
(4)
Step four: Public notice. Applicable as set forth in § 360-5.4E, Table 5-2, with the following modifications:
(a)
Published notice shall be published at least 10 days before
the date of the public hearing and no more than 45 days after the
filing of such appeal or application.
(b)
Mailed notice shall be by certified mail with return receipt
requested.
(c)
If the land involved in an appeal or application lies within
500 feet of the boundary of any other municipality, the applicant
shall also transmit to the Municipal Clerk of such other municipality
a copy of the official notice of the public hearing thereon not later
than the day after such notice appears in the official newspaper of
the Village.
(5)
Step five: Public hearing. Applicable, with the following addition:
A public hearing is required for any variance application. Such hearing
shall be held within 45 days of receipt of a complete
(6)
Step six: Decision and findings. Applicable, with the following
modification: The Zoning Board of Appeals shall decide upon the appeal
or variance within 62 days following the close of the public hearing.
C.
Criteria.
(1)
Area variances.
(a)
In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the applicant if the variance
is granted, as weighed against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. No such
variance shall be granted unless the Board finds that the factors
enumerated under Village Law § 7-712-b, Subdivision 3(b),
of the State of New York, on balance, weigh in favor of the granting
of the variance:
[1]
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can
be achieved by some method, feasible for the applicant to pursue,
other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
[5]
Whether the alleged difficulty was self-created;
which consideration shall be relevant to the decision of the Zoning
Board of Appeals, but shall not necessarily preclude the granting
of the area variance.
(b)
The Zoning Board of Appeals, in the granting of area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
(2)
Use variances.
(a)
No use variance shall be granted by the Zoning Board of Appeals
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. To show such hardship
an applicant must prove each and every factor enumerated under Village
Law § 7-712-b, Subdivision 2(b), of the State of New York.
In order to prove such unnecessary hardship the applicant shall demonstrate
to the Board of Appeals that for each and every permitted use under
the zoning regulations for the particular district where the property
is located:
[1]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
[2]
That the alleged hardship relating to the property
in question is unique, and does not apply to a substantial portion
of the district or neighborhood;
[3]
That the requested use variance, if granted, will
not alter the essential character of the neighborhood; and
[4]
That the alleged hardship has not been self-created.
(b)
The Zoning Board of Appeals, in the granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship proved by the applicant,
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(c)
Where the Zoning Board of Appeals finds the zoning classification
of a particular property to be conducive to the deprivation of the
reasonable use of the land or building by the owner thereof, and where
the Board deems the same condition to apply generally to other land
or buildings in the same neighborhood or district, said Board may
call this condition to the attention of the Board of Trustees.
D.
Nonconformities. Use variances granted by the Zoning Board of Appeals
shall be deemed nonconforming uses. Building variances granted by
the Zoning Board of Appeals shall be deemed nonconforming structures.
A.
Purpose and applicability. Any exterior alteration of a building
or site designated as a landmark or located within a designated historic
district, including demolitions, shall require a certificate of appropriateness,
issued by the ARB, in compliance with the requirements set forth in
this section. This review is in addition to other permits or approvals
required by this chapter. In some cases a certificate of appropriateness
may be required even when a building permit is not required. Nothing
in this section shall be construed to prevent ordinary maintenance
or repair with like materials or similar quality and color of any
designated landmark or any property located wholly or partly within
the boundaries of an historic district.
B.
Procedure.
(1)
Step one: Application submittal. Applicable.
(2)
Step two: Determination of application completeness. Applicable.
(3)
Step three: Application referral, review and staff report. Applicable,
with the following addition: This certificate of appropriateness review
shall be coordinated with other required reviews for the application
where possible, including site plan and building permit review.
(5)
Step five: Public hearing. Applicable, with the following modification:
The ARB shall approve or disapprove any permit application referred
to it within 45 days of the date the application is deemed complete.
If the ARB fails to act within 45 days of receipt of the application,
the application shall be deemed to have been approved. Nonetheless,
in no case shall a building permit be issued prior to site plan approval
by the Planning Board when applicable.
(6)
Step six: Decision and findings. Applicable.
C.
Criteria. In reviewing applications, the ARB shall consider the following
criteria:
(1)
Adopted design guidelines, including the Secretary of the Interior's
Standards for the Treatment of Historic Properties.
(2)
The historical and architectural value and significance of the
building or structure and its relationship to the historic and architectural
value of the surrounding area.
(3)
Consistency in terms of materials and architectural style with
the particular architectural period with which the building or structure
is associated.
(4)
New construction shall be visually compatible in scale, design,
materials, color and texture with buildings of historic value in the
historic district.
(5)
Moving of buildings or structures designated as landmarks or
located wholly or partly within the boundaries of the historic district
may be allowed as an alternative to demolition.
(6)
The general appropriateness of proposed exterior design, colors,
arrangement, texture and materials.
(7)
Any other factors relating to aesthetic considerations that
the Board deems pertinent to the benefit of the Village and the historic
or architectural significance of the structure or building and surrounding
area.
D.
Demolition. In the case of a request to demolish a building, structure
or other site designated as a landmark or located within an historic
district, a denial by the ARB shall be effective for one year from
the date of the denial. During that year, the ARB shall endeavor to
work with the property owner to develop an economically feasible plan
for the preservation of such improvement. At the expiration of such
one-year period, the request for an application shall be deemed approved.
All construction, reconstruction, alteration or repair, however, shall
remain subject to the other provisions of this section.
E.
Exceptions for public safety. This section shall not apply in any
case where the Building Inspector or any authorized Village enforcement
agency orders or directs the construction, removal, alteration or
demolition of any improvement on a landmark site or in an historic
district for the purpose of remedying conditions determined to be
unsafe or dangerous to the life, health or property of any person.
A.
Purpose.
(1)
The Village Board of the Village of Nyack finds that there exist
within the Village places, sites and structures that have a special
character or special historical or aesthetic interest or value in
American, New York State and local history, architecture and culture;
that it is feasible to preserve and continue the use of such places,
sites and structures; and that such places, sites and structures face
the danger of being uprooted and destroyed without adequate consideration
of the irreplaceable loss to the people of the Village of the aesthetic,
cultural and historical values represented by such improvements. It
is the sense of the Village Board that the standing of the Village
as a viable community steeped in the history and culture of the mid-Hudson
region requires the maintenance and enhancement of the historical,
aesthetic, cultural and architectural heritage of the Village.
(2)
It is hereby declared as a matter of public policy that the
protection, enhancement, perpetuation, preservation and use of improvements
of historical, aesthetic, cultural and architectural value are a public
necessity and are required in the interest of the health, prosperity,
safety and welfare of the people. The purpose of this section is to
effect and accomplish the protection, enhancement, perpetuation and
preservation of such places, sites and structures located within the
Village; safeguard the Village's historic, aesthetic, cultural and
architectural heritage as embodied and reflected in such improvements
within Historic Districts; stabilize and improve property values in
such Historic Districts; foster civic pride in the beauty and accomplishments
of the past; protect and enhance the Village's attractions to residents,
visitors and business interests; strengthen the economy of the Village
and promote the use of the Historic Districts and landmarks sites
for the education, pleasure and welfare of the people of the Village
and area.
B.
Procedure.
(1)
Step one: Application submittal. Applicable, with the following
modification: Proceedings for the designation of a landmark, landmark
site or historic district may be initiated either by the ARB on its
own motion or by the request of any person on an application form
furnished by the Village. In the case of a request for historic district
designation initiated by other than the ARB, the application must
be signed by at least 33% of the property owners within the proposed
district.
(2)
Step two: Determination of application completeness. Applicable.
(3)
Step three: Application referral, review and staff report. Applicable,
with the following modification:
(a)
The ARB shall refer all applications for designation to the
Planning Board, which shall report its commendation prior to the public
hearing before the ARB. Failure to submit a recommendation by that
date shall be considered as a recommendation for approval.
(b)
The ARB shall recommend either approval, approval with modifications
or disapproval of an application within 62 days of the date of the
first ARB meeting following the receipt of the complete application.
In the event that no decision is rendered within 62 days, the application
shall be deemed to have been recommended for approval.
(c)
The ARB's recommendation shall be forwarded to the Village Board
for a public hearing.
(4)
Step four: Public notice as set forth in § 360-5.4E, Table 5-2. Applicable, with the following modification: Mailed notice to the owner or owners of the proposed landmark or properties within the proposed historic district shall be sent by via U.S. Postal Service first class mail at least 10 days prior to the date of the public hearing before the ARB.
(5)
Step five: Public hearing. Applicable, with the following modifications:
(a)
The Board of Trustees shall hold a public hearing within 45
days of receipt of the recommendation from the ARB to determine whether
to designate the site or district as a landmark or historic district.
(b)
A request for landmark designation must be approved by the owner
of the subject property. If at least 1/3 of the property owners in
a proposed historic district or the owner of a proposed landmark submit
a petition to the Board of Trustees opposing such designation, it
may only be enacted by a vote of at least 4/5 of the Board.
(6)
Step six: Decision and findings. Applicable, with the following
modifications: If the Village Board disapproves the application, the
application may not be refiled for a period of one year from the date
of initial filing.
C.
Criteria. The following criteria shall be used by the ARB and the
Planning Board as a basis for their recommendations:
(1)
That designation is consistent with the purposes of this subsection
and the Comprehensive Plan.
(2)
That particular districts, structures or sites:
(a)
Are associated with events that have made a significant contribution
to the broad patterns of our history;
(b)
Are associated with the lives of persons significant in our
past;
(c)
Embody the distinctive characteristics of a type, period or
method of construction, or that represent the work of a master, or
that possess high artistic values, or that represent a significant
and distinguishable entity whose components may lack individual distinction;
or
(d)
Have yielded or may be likely to yield information important
in prehistory or history.
(3)
Certain types of sites that ordinarily shall not be considered
eligible for historic designation, including cemeteries, birthplaces
or graves of historical figures, properties owned by religious institutions
or used for religious purposes, structures that have been moved from
their original locations, reconstructed historic buildings, properties
primarily commemorative in nature and properties that have achieved
significance within the past 50 years, will qualify for designation
if they are integral parts of districts that do meet the criteria,
or if they fall within the following categories.
(a)
A religious property deriving primary significance from architectural
or artistic or historical importance.
(b)
A building or structure removed from its original location but
which is significant primarily for architectural value, or which is
the surviving structure most importantly associated with an historic
person or event.
(c)
A birthplace or grave of an historical figure of outstanding
importance, if there is no appropriate site or building associated
with his productive life.
(d)
A reconstructed building when accurately executed in a suitable
environment and presented in a dignified manner as part of a restoration
master plan, and when no other building or structure with the same
association has survived.
(e)
A property primarily commemorative in intent if design, age,
tradition or symbolic value has invested it with its own historical
significance.
(f)
A property achieving significance within the past 50 years if
it is of exceptional importance.
D.
Building permits for proposed landmarks and historic districts.
(1)
No permit shall be issued to construct, alter, remove or demolish any structure or other feature on a proposed landmark site or in a proposed historic district after a complete application for designation has been filed. No such permit application filed after such date shall be approved by the Building Inspector while proceedings are pending on such designation unless the applicant obtains a certificate of appropriateness pursuant to § 360-5.11.
(2)
Nothing in this subsection shall be deemed to apply to the construction
or alteration of a structure or other feature on a proposed landmark
site or in an historic district if a permit for such work was issued
before the application for designation was filed.
E.
Identification of landmarks and historic districts. The Building
Inspector shall be responsible for appropriate public identification
of areas designated as landmarks and historic districts on the Landmark
and Historic District Map. The ARB shall approve the size, color,
typography, material of construction and wording of all public and
private signs identifying landmarks and properties within historic
districts.
A.
Purpose. The purpose of this section is to control outdoor and window
signs of all types and in all zoning districts by regulating size,
location, quantity, quality, content and design to:
(1)
Enhance and protect the Village's physical appearance and environment,
so as to protect the Village's scenic and natural beauty and to create
an attractive economic, business and tourist climate;
(2)
Encourage excellence in sign design and to provide uniform design
standards;
(3)
Reduce sign or advertising distractions and obstructions that
may contribute to traffic accidents or driver confusion;
(4)
Reduce hazards from signs on public rights-of-way;
(5)
Increase the profitability of businesses in the Village of Nyack
by encouraging residents and visitors to shop in the stores;
(6)
Replace or remove nonconforming signs; and
(7)
Promote the health, safety and welfare of the residents of the
Village of Nyack.
B.
Applicability. A sign permit is required for the erection, moving,
enlargement, reconstruction or redesign of any exterior or window
sign, except for the following:
(1)
The changing of the advertising or message on an approved sign
that is specifically designed for the use of temporary replaceable
copy (i.e., a movie marquee or bulletin board).
(2)
Painting, cleaning and other normal maintenance and repair of
a sign or a sign structure, unless a structural change is made or
there is a change in the graphic presentation on the face of a sign.
C.
Procedure.
(1)
Step one: Application submittal. Applicable.
(2)
Step two: Determination of application completeness. Applicable.
(3)
Step three: Application referral, review and staff report. Applicable,
with the following modifications: The ARB shall approve, approve with
modifications or disapprove the application within 60 days of receipt
of the complete application, except where a sign application is part
of a site plan or special permit application, in which case the sign
shall be reviewed as part of that application. As part of a site plan
or special permit application, the decisionmaking body shall refer
the application to the ARB for a recommendation on the application.
(4)
Step four: Public notice. Applicable.
(5)
Step five: Public hearing. Applicable.
(6)
Step six: Decision and findings. Applicable, with the following
modification: The Building Inspector shall issue a sign permit within
five calendar days of receipt of the ARB's decision, subject to delivery
to the Building Inspector of an insurance certificate, in a form and
amount acceptable to the Building Inspector, naming the Village as
an additional insured under the permit owner's comprehensive general
liability coverage. Such certificate shall provide that the insurance
cannot be canceled without 30 days' prior notice to the Village of
Nyack Building Inspector. The permit shall be conditioned upon the
permit owner keeping such insurance in effect.
D.
Criteria. In reviewing a sign permit application, the ARB shall take into consideration the purpose and intent of this section and all relevant standards of this chapter, including the sign standards of § 360-4.11, as well as strength of illumination of the sign and whether its design, materials and placement are appropriate for the building on which it will be located and compatible with nearby buildings and structures. For properties designated as a landmark or located within a designated historic district, the application must also meet the standards applicable to a certificate of appropriateness.
A.
Purpose and applicability. No person, firm or corporation shall commence
the erection, construction, enlargement, alteration, removal, improvement,
demolition, conversion or change in the nature of the occupancy of
any building or structure, or cause the same to be done, without first
obtaining a separate building permit from the Building Department
for each such building or structure; except that no building permit
shall be required for the performance of ordinary repairs which are
not structural in nature. Applications that involve exterior alterations
or that require any additional approvals under the provisions of this
chapter shall be referred to the appropriate decisionmaking body(ies)
for approval prior to issuance.
B.
Procedure.
(1)
Step one: Application submittal. Applicable, with the following
modification: Applications shall be made by the owner or lessee, or
agent of either, or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
(2)
Step two: Determination of application completeness. Applicable.
(3)
Step three: Application referral, review and staff report. Applicable.
(4)
Step four: Public notice. Not required.
(5)
Step five: Public hearing. Not required.
(6)
Step six: Decision and findings. Applicable, with the following
additions: Upon approval of the application, both sets of plans and
specifications shall be endorsed with the word "approved." One set
of such approved plans and specifications shall be retained in the
files of the Department of Buildings, and the other set shall be returned
to the applicant, together with the building permit, and shall be
kept at the building site open to inspection by the Building Inspector
or his authorized representative at all reasonable times. The issuance
of a building permit shall constitute authority to the applicant to
proceed with the work in accordance with the applicable building laws,
ordinances or regulations. All work shall conform to the approved
application, plans and specifications, except that no building permit
shall be valid insofar as it authorizes the performance of work or
the use of materials which are not in accordance with the requirements
of the applicable building regulations.
C.
Criteria. No building permit shall be issued unless the proposed
construction or use is in full conformity with all the provisions
of this chapter, building codes and other applicable laws. If a building
permit is denied, upon the request of the applicant, the Building
Inspector shall state in writing the reasons for such denial and the
section of the Zoning Chapter that would be violated. Any building
permit issued in violation of the provisions of this chapter shall
be null and void and of no effect, without the necessity for any proceedings
for revocations or nullification thereof; and any work undertaken
or use established pursuant to any such permit shall be unlawful.
D.
Amendments. Amendments to the application or to the plans and specifications
accompanying the same may be filed at any time prior to the completion
of the work, subject to the approval of the Building Inspector.
A.
Purpose and applicability. No person, firm or corporation shall commence
the erection, construction, enlargement, alteration, removal, improvement,
demolition, conversion or change in the nature of the occupancy of
any building or structure, or cause the same to be done, without first
obtaining a separate building permit from the Building Department
for each such building or structure; except that no building permit
shall be required for the performance of ordinary repairs which are
not structural in nature. The provisions of this section apply to
those applications that require approval by the ARB due to the nature
of the application.
B.
Procedure.
(1)
Step one: Application submittal. Applicable, with the following
modification: Applications shall be made by the owner or lessee, or
agent of either, or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
(2)
Step two: Determination of application completeness. Applicable.
When Planning Board decision is required for the application, the
ARB will provide recommendation to the Planning Board. After the Planning
Board decision, the application shall be resubmitted to the ARB.
(3)
Step three: Application referral, review and staff report. Applicable,
with the following addition: Any application that requires ARB review
shall be approved, approved with modifications or disapproved within
60 days of the date the application is deemed complete. To advance
the review either the ARB or the Planning Board can schedule a joint
meeting on a application. Each Board will decide only on topics within
its jurisdiction.
(4)
Step four: Public notice. Applicable.
(5)
Step five: Public hearing. Applicable.
(6)
Step six: Decision and findings. Applicable, with the following
additions: Upon approval of the application, both sets of plans and
specifications shall be endorsed with the word "approved." One set
of such approved plans and specifications shall be retained in the
files of the Department of Buildings, and the other set shall be returned
to the applicant, together with the building permit, and shall be
kept at the building site open to inspection by the Building Inspector
or his authorized representative at all reasonable times. The issuance
of a building permit shall constitute authority to the applicant to
proceed with the work in accordance with the applicable building laws
ordinances or regulations. All work shall conform to the approved
application, plans and specifications, except that no building permit
shall be valid insofar as it authorizes the performance of work or
the use of materials which are not in accordance with the requirements
of the applicable building regulations.
C.
Criteria. In approving the building permit, the Architectural Review
Board shall take into consideration the general design framework which
respects the scale and architectural character of existing neighborhoods
and which will allow development and alterations to be in harmony
with and compatible with the existing design and architecture of the
Village and not detrimental thereto. In reviewing applications, the
ARB shall take into account natural features of the site and its surroundings,
the exterior design and appearance of existing and planned structures
in the immediate area and the character of the area and the Village
encouraging the most appropriate use of the property, conservation
of property values and prevention of harmful effects. Board may attach
more or less weight to any guideline or part thereof in relation to
other guidelines as may be appropriate under the particular circumstances.
The Board may approve, approve subject to specified conditions or
modifications or disapprove any application for a permit referred
to it, provided that such action shall be by a majority vote of ARB
members, and provided that the ARB shall not disapprove any application
unless it finds the building, structure or sign for which the permit
was applied would, if erected, be so detrimental to the surrounding
area as to provoke one or more harmful effects due to:
(1)
Excessive similarity or dissimilarity to any other nearby buildings
and structures existing or planned in the area of visual impact, in
respect to location and alignment along a street related to neighboring
development; architectural massing, width, height, proportion and
scale in relation to its surroundings; modulation of vertical and
horizontal elements of the facades to reflect the scale of neighboring
development; facade design; architectural style; exterior surface
materials; heights of horizontal building features such as sill levels,
lintels, cornices, etc.; roof design, including roof elements such
as dormers; porches and porticos and other attachments and projections;
and rhythm or spacing and proportion of windows, doors, storefront
and other aspects of building fenestration; the nature of building
trim and ornament; visibility of mechanical equipment, and other design
elements.
(2)
Inappropriateness of design in respect to the quality of architectural
design; to the nature of materials to be used in construction; and
incompatibility of design features with the terrain on which it is
to be located.
D.
Amendments. Amendments to the application or to the plans and specifications
accompanying the same may be filed at any time prior to the completion
of the work, subject to the approval of the Building Inspector if
minor. If major amendments, they are subject to the approval of the
ARB.
A.
Purpose and applicability. The purpose of demolition review is to
reflect the objectives of the Village Comprehensive Master Plan, including
to promote and enhance the Village's historic scale, character and
charm.
B.
Procedure.
(1)
Step one: Application submittal. Applicable.
(2)
Step two: Determination of application completeness. Applicable.
The application should include photographs of the building and structure
proposed for demolition and of all buildings and structures on the
lot and on adjacent properties; a site plan locating the building
or structure on the lot, a statement why the demolition is requested
and, if requested, by the ARB or Planning Board cost estimates for
rehabilitating the building or structure and other information necessary
for making a decision.
(3)
Step three: Application referral, review and staff report. Applicable,
with the following modification: A demolition application shall be
referred to the ARB for a formal advisory recommendation prior to
review by the Planning Board, except for applications on landmark
properties or within historic districts when the ARB shall decide.
If the review will be advanced by a joint meeting of the Planning
Board and the Architectural Review Board, either Board can schedule
a joint meeting or request an advisory opinion from the other Board.
(4)
Step four: Public notice. Applicable.
(5)
Step five: Public hearing. Applicable.
(6)
Step six: Decision and findings. Applicable. The Planning Board
will make the decision except for applications involving landmarks
or landmark districts when the ARB shall make the decision.
A.
Purpose and applicability. A certificate of occupancy is required
prior to the occupancy, use or change of occupancy or change of use
of any building or part of a building in order to ensure conformance
with all applicable requirements of this chapter. No building hereafter
enlarged, extended or altered, or upon which work has been performed
which required the issuance of a building permit, shall continue to
be occupied or used for more than 30 days after the completion of
the alteration or work, unless a certificate of occupancy shall have
been issued by the Building Inspector. A certificate of occupancy
shall be deemed to authorize, and is required for, both initial and
continued occupancy and use of the building or land to which it applies.
B.
Procedure.
(1)
Step one: Application submittal. Applicable, with the following
additions:
(a)
The applicant shall submit an application only after the erection
of the subject building or part thereof has been completed in conformity
with the provisions of this chapter.
(b)
The applicant shall include a statement that the building or
the proposed use of a building or land complies with all applicable
provisions of this chapter and, if applicable, all provisions of any
variance or requirements for any special permit with every application.
(c)
In the case of a new building, the applicant shall include an
accurate survey prepared by a licensed surveyor showing the location
of all buildings as built.
(2)
Step two: Determination of application completeness. Applicable.
(3)
Step three: Application referral, review and staff report. Applicable.
(4)
Step four: Public notice. Not applicable.
(5)
Step five: Public hearing. Not applicable.
(6)
Step six: Decision and findings. Applicable. A certificate of
occupancy shall be issued within 10 days after receipt of a complete
application, subject to the criteria below.
C.
Criteria.
(1)
When, after final inspection, it is found that the proposed
work has been completed in accordance with the applicable building
laws, ordinances and regulations; and also in accordance with the
application, plans and specifications filed in connection with the
issuance of the building permit, the Building Inspector shall issue
a certification of occupancy upon the form provided by him. If it
is found that the proposed work has not been properly completed, the
Building Inspector shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable building regulations.
(2)
The certificate of occupancy shall certify that the work has
been completed, and that the proposed use and occupancy is in conformity
with the provisions of the applicable building laws, ordinances and
regulations, and shall specify the use or uses and the extent thereof
to which the building or structure or its several parts may be put.
(3)
No certificate of occupancy shall be issued for any use of a
building or of land allowed by special permit unless and until such
special permit has been duly issued. Every certificate of occupancy
for which a special permit has been issued or in connection with which
a variance has been granted shall contain a detailed statement of
such special permit or variance and of any conditions to which the
same is subject.
(4)
Upon request, the Building Inspector may issue a temporary certificate
of occupancy for a building or structure, or part thereof, before
the entire work covered by the building permit shall have been completed,
provided such portion or portions as have been completed may be occupied
safely without endangering life or the public welfare.
B.
Procedure.
(1)
Step one: Application submittal. Applicable.
(2)
Step two: Determination of application completeness. Applicable.
(3)
Step three: Application referral, review and staff report. Applicable.
(4)
Step four: Public notice. Not applicable.
(5)
Step five: Public hearing. Not applicable.
(6)
Step six: Decision and findings. Applicable.
C.
Criteria. Where an application is submitted to the Planning Board
to remove a significant tree, said permit may be granted only for
the following reasons and under the following conditions:
(1)
Where the location of an existing significant tree provides
no alternative but to place a proposed structure outside the permitted
building setbacks, and only if a significant tree or trees to be removed
are replaced elsewhere on the property or in the immediate neighborhood.
(2)
Where no other alternative exists for the placement of a building,
building addition, structure, septic field, driveway, deck, patio,
lawn area or garden area other than in the vicinity of an existing
significant tree, and only if a significant tree or trees to be removed
are replaced elsewhere on the property or in the immediate neighborhood.
(3)
Where the area proposed for significant tree removal is to be
occupied by a power, drainage, sewer or other utility easement or
right-of-way; or where the area of tree removal is 20 feet or less
from either side or around the perimeter of the foregoing, and only
where there is no viable alternative route for such right-of-way,
and only if a significant tree or trees to be removed are replaced
elsewhere on the property or in the immediate neighborhood.
(4)
Upon the express written finding of an arborist licensed in
the State of New York that the proposed significant tree removal will
not result in or cause, increase or aggravate any of the following
conditions: impaired growth or development of the remaining trees
or shrubs on the property of the applicant or upon adjacent property,
soil erosion, sedimentation or dust, drainage or sewerage problems,
or any other dangerous or hazardous condition, and only if a significant
tree or trees to be removed are replaced elsewhere on the property
or in the immediate neighborhood.
(5)
Where the tree removal would not:
(a)
Have an adverse impact upon existing biological and ecological
systems.
(b)
Affect noise pollution by temporarily increasing noise levels
to such a degree that a public nuisance may be anticipated or by significantly
reducing the noise dampening effect of vegetation near sensitive noise
receptors.
(c)
Affect air quality by significantly affecting the natural cleansing
of the atmosphere by vegetation.
(d)
Affect wildlife habitat available for wildlife existence and
reproduction by causing emigration of wildlife to adjacent or associated
ecosystems, and only if significant tree or trees to be removed are
replaced elsewhere on the property or in the immediate neighborhood.
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.