Village of Nyack, NY Administration

Establishment and organization.

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.

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.

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).

The Mayor shall appoint a new member to fill any vacancy occurring other than by the expiration of a term.

Powers and duties. The Planning Board shall have the following powers and duties:

To adopt rules and regulations for its operation and to follow said rules and regulations in the conduct of its official business.

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.

To review and recommend proposed amendments to this chapter or other sections of this code relevant to the functions of the Planning Board.

To hear and decide requests for preliminary and final site plan approval pursuant to §§ 360-5.4 and 360-5.7 of this chapter.

To hear and decide requests for preliminary and final subdivision approval pursuant to §§ 360-5.4 and 360-5.8 of this chapter.

To hear and decide requests for tree removal permits pursuant to §§ 360-5.4 and 360-5.18 of this chapter.

To hear and decide applications for the merger of adjacent lots.

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.

Zoning Board of Appeals.

Establishment and organization.

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.

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.

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.

The Mayor shall appoint a new member to fill any vacancy occurring other than by the expiration of a term.

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.

Powers and duties. The Zoning Board of Appeals shall have the following powers and duties:

To adopt rules and regulations for its operation and to follow said rules and regulations in the conduct of its official business.

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.

To hear and decide appeals for area and use variances in accordance with the provisions of §§ 360-5.4 and 360-5.10 of this chapter.

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.

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.

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.

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.

Architectural Review Board.

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.

Purpose.

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.

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.

The Architectural Review Board shall issue certificates of appropriateness for any exterior alterations of a building or site designated as a landmark or located within a designated historic district as set forth in § 360-5.11.

Establishment and organization.

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.

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.

The Mayor shall appoint a new member to fill any vacancy occurring other than by the expiration of a term.

Powers and duties. The ARB shall have the following powers and duties:

To adopt rules and regulations for its operation and to follow said rules and regulations in the conduct of its official business.

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:

New construction.

Additions.

Alterations.

Mechanical equipment visible from the street or adjacent property.

Street furnishings.

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.

To hear and decide requests and impose reasonable conditions for sign permits pursuant to § 360-5.13.

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.

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.

To review and recommend in its capacity as a historic review body with regard to building permit applications for exterior alterations of properties which:

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

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.

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)

(m)

(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.

Building Inspector. Refer to Chapter 140, Article I, for the duties and responsibilities of the Building Inspector.

§ 360-5.3 Board meetings, rules and expenses.

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.

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.

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:

To conduct examinations and investigations.

To hear testimony and take proof, under oath if it should so determine.

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.

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.

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.

§ 360-5.4 General development review procedures.

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]

Optional: Preapplication meeting.

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.

Procedure.

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.

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.

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.

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.

Step one: Application submittal.

Authority to file applications. Unless otherwise specified in this chapter, applications for review and approval may be initiated by:

The owner of the property that is subject to the application;

The owner's authorized agent;

The Board of Trustees;

The Planning Board; or

Other entities that have rights provided by law.

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.

Plans and specifications.

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.

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.

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.

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.

Editor's Note: See § 382, Remedies, of the Executive Law.

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.

Fees and costs.

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.

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.

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.

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]

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.

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.

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.

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:

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.

Applications requiring multiple reviews or referrals.

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:

Building Inspector.

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.

Architectural Review Board.

Planning Board.

Zoning Board of Appeals.

[6]

Board of Trustees.

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.

Joint meetings or hearings of the decisionmaking bodies may be scheduled and are encouraged where applications require review by more than one body.

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.

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.

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.

Step four: Public notice.

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:

Date, time and place of the public hearing;

A description, where applicable, of the property involved in the application by street address and legal description;

A summary of the nature, scope and purpose of the proposed action;

An indication that interested parties may appear at the hearing and speak on the matter; and

An indication of where additional information on the matter may be obtained.

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	X^a	X^b
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	X^b
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			X^c

	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.

Types of notice.

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.

Mailed notice.

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]

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.

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]

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.

Step five: Public hearing. Any public hearing shall be conducted according to the standards of the Village Law of the State of New York.

Step six: Decision and findings.

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.

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.

Editor's Note: See Ch. 120, Affordable Housing.

§ 360-5.5 Expiration of approvals and permits.

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.

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.

§ 360-5.6 Amendments to this chapter.

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.

Procedure.

Step one: Application submittal. Applicable.

Step two: Determination of application completeness. Applicable.

Step three: Application referral, review and staff report. Applicable, with the following referral requirements:

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.

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.

The boundary of any other municipality (also requires referral to adjoining municipality).

The boundary of any existing or proposed county or state park or other recreation area.

The right-of-way of any existing or proposed county or state road, parkway or other controlled access highway.

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.

The existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.

Step four: Public notice. Applicable, with the following additional notice requirements:

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.

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.

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.

Step five: Public hearing. Applicable, with the following modifications:

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.

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.

Step six: Decision and findings. Applicable.

Criteria. In considering a proposed amendment, the Planning Board and Board of Trustees shall consider the following items:

Text amendments.

Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.

Which areas and establishments in the Village will be directly affected by such change and in what way they will be affected.

The indirect implications of such change in its effect on other regulations.

Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the Village.

Zoning Map amendments.

Whether the uses permitted by the proposed change would be appropriate in the area concerned.

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.

Whether the proposed change is in accord with any existing or proposed plans in the vicinity.

The effect of the proposed amendment upon the growth of the Village as envisaged by the Comprehensive Plan.

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.

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.

§ 360-5.7 Site development plan.

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.

Applicability. Site development plan approval by the Planning Board is required for:

[Amended 10-13-2016 by L.L. No. 3-2016]

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).

Any application for a special permit.

The amendment of any previously approved site development plan.

Procedure.

Optional: Preapplication meeting. Recommended.

Step one: Application submittal. Applicable.

Step two: Determination of application completeness. Applicable.

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.

Step four: Public notice. Applicable, with the following modifications:

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.

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.

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.

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.

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:

Location, arrangement, massing, scale and design of buildings and associated structures (e.g., signs, fences, lighting).

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths and sections, pavement surfaces, dividers and traffic controls.

Location, arrangement, appearance and amount of off-street parking and loading.

Adequacy and arrangement of pedestrian traffic access and circulation, sidewalks, crosswalks and overall pedestrian convenience and safety.

Adequacy and arrangement of landscaping materials, including the preservation of existing significant trees in accordance with § 360-4.4C.

Adequacy of stormwater and drainage facilities.

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.

§ 360-5.8 Subdivision of land.

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.

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]

Major subdivision: any subdivision containing more than four lots, or any subdivision requiring any new public street extension or the extension of municipal facilities

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.

Preliminary subdivision plat procedures.

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]

Minor residential subdivision: $2,500 flat fee or $500 plus $500 per lot.

Major residential subdivision: $5,000 flat fee or $1,000 plus $1,000 per lot.

Nonresidential subdivision (commercial): $5,000 flat fee.

Required information. The following documents shall be submitted as part of the preliminary plat:

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:

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.

The name of all subdivisions immediately adjacent and the name of the owners of record of all adjacent property.

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.

All parcels of land proposed to be dedicated to public use and the conditions of such dedication.

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.

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.

A copy of such covenants or deed restrictions that are intended to cover all or part of the tract.

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.

Approval of preliminary plat.

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.

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.

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.

Planning Board as lead agency under the State Environmental Quality Review Act; public hearing; notice; decision.

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:

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

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.

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.

Decision. The Planning Board shall approve, with or without modification or disapprove such preliminary plat as follows:

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

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.

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.

Planning Board not as lead agency under the State Environmental Quality Review Act; public hearing; notice; decision.

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.

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.

Decision. The Planning Board shall by resolution approve, with or without modification, or disapprove the preliminary plat as follows:

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.

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.

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.

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.

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.

Final subdivision plat procedures.

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.

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.

Required information.

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.

The plat shall show the following items:

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.

Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use.

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.

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.

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.

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.

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.

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.

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.

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.

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:

Planning Board as lead agency; public hearing; notice; decision.

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:

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

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.

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.

Decision. The Planning Board shall make its decision on the final plat as follows:

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

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.

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.

Planning Board not as lead agency; public hearing; notice; decision.

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.

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.

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:

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.

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.

Approval and certification of final plats.

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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).

Other requirements.

Public streets and recreation areas.

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.

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.

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:

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.

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.

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.

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.

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.

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.

§ 360-5.9 Special use permits.

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]

Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.

Procedure.

Step one: Application submittal. Applicable.

Step two: Determination of application completeness. Applicable.

Step three: Application referral, review and staff report.

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:

The boundary of any other municipality (also requires referral to adjoining municipality).

The boundary of any existing or proposed county or state park or other recreation area.

The right-of-way of any existing or proposed county or state road, parkway or other controlled access highway.

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.

The existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.

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.

Step four: Public notice. Applicable as set forth in § 360-5.4E, Table 5-2.

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]

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]

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]

That all proposed structures, equipment and material shall be readily accessible for fire and police protection.

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.

That, in the case of any use located in or directly adjacent to a residential district:

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.

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.

That the application is consistent with any additional use-specific standards required by Article III of this chapter.

Conforming uses. Any use for which a special permit has been granted shall be considered a conforming use, provided that:

The provision in this chapter under which the permit was issued is still in effect.

The permit was issued in conformity with the provisions of this chapter.

The permit shall be deemed to affect only the lot or portion thereof for which the permit was granted.

§ 360-5.10 Variances.

Purpose and applicability.

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.

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.

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.

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.

Procedures.

Step one: Application submittal. Applicable.

Step two: Determination of application completeness. Applicable.

Step three: Application referral, review and staff report. Applicable, with the following modifications:

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.

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.

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.

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.

Step four: Public notice. Applicable as set forth in § 360-5.4E, Table 5-2, with the following modifications:

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.

Mailed notice shall be by certified mail with return receipt requested.

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.

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

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.

Criteria.

Area variances.

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:

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;

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

Whether the requested area variance is substantial;

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

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.

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.

Use variances.

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:

The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

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;

That the requested use variance, if granted, will not alter the essential character of the neighborhood; and

That the alleged hardship has not been self-created.

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.

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.

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.

§ 360-5.11 Certificate of appropriateness.

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.

Procedure.

Step one: Application submittal. Applicable.

Step two: Determination of application completeness. Applicable.

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.

Step four: Public notice. Applicable as set forth in § 360-5.4E, Table 5-2.

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.

Step six: Decision and findings. Applicable.

Criteria. In reviewing applications, the ARB shall consider the following criteria:

Adopted design guidelines, including the Secretary of the Interior's Standards for the Treatment of Historic Properties.

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.

Consistency in terms of materials and architectural style with the particular architectural period with which the building or structure is associated.

New construction shall be visually compatible in scale, design, materials, color and texture with buildings of historic value in the historic district.

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.

The general appropriateness of proposed exterior design, colors, arrangement, texture and materials.

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.

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.

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.

§ 360-5.12 Historic designation (historic district or landmark).

Purpose.

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.

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.

Procedure.

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.

Step two: Determination of application completeness. Applicable.

Step three: Application referral, review and staff report. Applicable, with the following modification:

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.

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.

The ARB's recommendation shall be forwarded to the Village Board for a public hearing.

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.

Step five: Public hearing. Applicable, with the following modifications:

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.

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.

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.

Criteria. The following criteria shall be used by the ARB and the Planning Board as a basis for their recommendations:

That designation is consistent with the purposes of this subsection and the Comprehensive Plan.

That particular districts, structures or sites:

Are associated with events that have made a significant contribution to the broad patterns of our history;

Are associated with the lives of persons significant in our past;

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

Have yielded or may be likely to yield information important in prehistory or history.

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 religious property deriving primary significance from architectural or artistic or historical importance.

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.

A birthplace or grave of an historical figure of outstanding importance, if there is no appropriate site or building associated with his productive life.

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.

A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance.

A property achieving significance within the past 50 years if it is of exceptional importance.

Building permits for proposed landmarks and historic districts.

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.

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.

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.

§ 360-5.13 Sign permit.

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:

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;

Encourage excellence in sign design and to provide uniform design standards;

Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents or driver confusion;

Reduce hazards from signs on public rights-of-way;

Increase the profitability of businesses in the Village of Nyack by encouraging residents and visitors to shop in the stores;

Replace or remove nonconforming signs; and

Promote the health, safety and welfare of the residents of the Village of Nyack.

Applicability. A sign permit is required for the erection, moving, enlargement, reconstruction or redesign of any exterior or window sign, except for the following:

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).

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.

Procedure.

Step one: Application submittal. Applicable.

Step two: Determination of application completeness. Applicable.

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.

Step four: Public notice. Applicable.

Step five: Public hearing. Applicable.

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.

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.

§ 360-5.14 Building permit (no board review required).

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.

Procedure.

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.

Step two: Determination of application completeness. Applicable.

Step three: Application referral, review and staff report. Applicable.

Step four: Public notice. Not required.

Step five: Public hearing. Not required.

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.

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.

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.

§ 360-5.15 Building permit (ARB review required).

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.

Procedure.

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.

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.

Step four: Public notice. Applicable.

Step five: Public hearing. Applicable.

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.

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:

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.

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.

§ 360-5.16 Demolition permit.

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.

Procedure.

Step one: Application submittal. Applicable.

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.

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.

Step four: Public notice. Applicable.

Step five: Public hearing. Applicable.

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.

Criteria.

The ARB shall consider whether the building(s) or structure(s) proposed for demolition may qualify for designation as a landmark using the criteria in § 360-5.12C and how the demolition affects design and appearance in the visual impact area using the criteria in § 360-5.15C.

If the property is a landmark or within a landmark district, the ARB shall use the criteria in § 360-5.11C to decide the demolition application.

The Planning Board shall take into consideration the location, arrangement, massing, scale and design of the existing building or structure proposed for demolition and of any proposed new construction on the property, as well as other criteria found in § 360-5.7D.

§ 360-5.17 Certificate of occupancy.

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.

Procedure.

Step one: Application submittal. Applicable, with the following additions:

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.

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.

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.

Step two: Determination of application completeness. Applicable.

Step three: Application referral, review and staff report. Applicable.

Step four: Public notice. Not applicable.

Step five: Public hearing. Not applicable.

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.

Criteria.

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.

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.

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.

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.

§ 360-5.18 Tree removal permit.

Purpose and applicability. See § 360-4.4C.

Procedure.

Step one: Application submittal. Applicable.

Step two: Determination of application completeness. Applicable.

Step three: Application referral, review and staff report. Applicable.

Step four: Public notice. Not applicable.

Step five: Public hearing. Not applicable.

Step six: Decision and findings. Applicable.

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:

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.

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.

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.

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.

Where the tree removal would not:

Have an adverse impact upon existing biological and ecological systems.

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.

Affect air quality by significantly affecting the natural cleansing of the atmosphere by vegetation.

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.

§ 360-5.19 Interpretations and appeals.

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.

§ 360-5.20 Performance guarantee.

[Added 10-13-2016 by L.L. No. 3-2016]

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.

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.

§ 360-5.21 Project phasing and improvements.

[Added 10-13-2016 by L.L. No. 3-2016]

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:

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.

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.

The provision of indoor or outdoor recreation amenities available to the general public.

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.

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.

§ 360-5.22 Development incentives and related fees.

[Added 10-13-2016 by L.L. No. 3-2016]

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.

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.

Bonus floor area option.

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.

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.