[HISTORY: Adopted by the Council of the City of Mount Vernon 11-23-1926, approved 11-24-1926; amended
in its entirety at time of adoption of 2013 Code Revisions (see Ch.
1, General Provisions, Art. IV). Subsequent amendments noted where
applicable.]
GENERAL REFERENCE
Zoning — See Ch. 267.
A Planning Board of the City of Mount Vernon is hereby created
pursuant to Article 3 of the General City Law.
A.
Membership. The Planning Board, as heretofore established by the City Council pursuant to § 27 of the General City Law of the State of New York, is hereby maintained. The Planning Board shall consist of seven members.
B.
Meetings and records. The presence of four members of the Board shall
be necessary for a quorum, and the concurring vote of four members
shall be necessary to effect any decision before the Board. The Board
shall keep minutes of its proceedings, showing the vote of each member
on every question or, if any member is absent or fails to vote, indicating
that fact, and shall also keep records of its examinations and other
official actions. Every rule, determination, regulation, amendment
or appeal thereof, and every order, requirement and decision of the
Board shall immediately be filed in the office of the Board.
A.
General. The Planning Board shall have all of the powers and duties
prescribed by General City Law and by this chapter, which powers and
duties are summarized and more particularly specified in the following,
provided that none of the following sections shall be deemed to any
of tie powers of the Planning Board that are conferred by the General
City Law. In passing upon any matter before it, the Board shall take
into specific consideration the goals as well as the specific standards
of this chapter.
B.
Rules and regulations. The Planning Board may adopt such rules and
regulations as it deems necessary and proper to the performance of
its powers and duties hereunder and may amend or repeal the same.
C.
Amendments. Amendments to the rules and regulations adopted for the
governance and procedures of the Board shall be made in the form of
a resolution to place such amendments on the next agenda of the Board.
No changes shall take effect until placed upon such agenda, reviewed
by the City staff and adopted pursuant to these regulations and any
requirements of applicable local and state law.
D.
Subdivision control. The Planning Board is authorized to approve any change of lot line, except where only the dimensions of two existing lots are changed and additional building lots are not created, as more fully set out in § 267-12 of the City of Mount Vernon's Municipal Code and in accordance with Article 3, § 28-a(5), of General City Law.
E.
Site plan review. The Planning Board is authorized to approve the construction or enlargement of any principal use, other than a one-, two- or three-family dwelling where such dwelling is permitted by right and where the natural grade is not changed by more than four feet at any point on the site, and prior to issuance of a certificate of occupancy for any change of use or occupancy which would result in an increase in the requirement for off-street parking or loading spaces in accordance with the provisions of Chapter 267, Article VIII, of the Zoning Code and as more fully set out in Chapter 267, § 267-31, of the City of Mount Vernon's Municipal Code.
G.
Official Map. The Planning Board is empowered to review and recommend changes to the Official Map pursuant to Article 3, § 29, of General City Law.
H.
Master plan. The Planning Board is empowered to review and recommend
the Master Plan pursuant to Article 3, § 28-a(5), of General
City Law.
I.
Recommendations.
(1)
Recommendations to the Zoning Board of Appeals. The Planning Board
may make recommendations to the Zoning Board on use/area variance
applications regarding the assessment of the arrangement, layout and
design of a proposed use of a single parcel of land.
(2)
Recommendations to The City Council. The Planning Board is empowered to review and make recommendations on matter or class of matters referred to the Board by the City Council prior to final action by the City Council being taken on said matter(s) pursuant to Article 3, § 27, Subdivision 14, of General City Law.
(3)
Recommendations to the Real Estate Committee. The Planning Board
will make recommendations to the Real Estate Committee on the disposition
of City owned property.
K.
Conditions and safeguards. The Planning Board may prescribe such
conditions or restrictions applying to the granting of site plans,
subdivisions and special use permits as it deems necessary in each
specific case in order to minimize the adverse effects of such developments
upon other property in the neighborhood and to protect the public
health, safety and welfare. Such conditions or restrictions shall
be incorporated in the building permit and certificate of occupancy.
Failure to comply with such conditions or restrictions shall constitute
a violation of this chapter and may constitute the basis for denial
or revocation of a building permit or certificate of occupancy and
for all other applicable remedies.
A.
Application. All applications to the Board shall be made by the owner
or agent duly authorized, in writing, and shall be on forms prescribed
by the Board. Each application shall fully set forth the circumstances
of the case, shall refer to the specific provision of the chapter
involved and shall exactly set forth, as the case may be, the details
of any and all waivers or deviations that are applied for and the
grounds for which it is claimed that the same should be granted.
B.
Review by other agencies. Upon a receipt of a completed application,
the Planning Board shall forward copies for review and report such
to the Planning Department, Building Department, Fire Department,
Police Department, Department of Public Works and any other officials
and agencies as it deems appropriate. In addition, copies shall be
forwarded with a notice of public hearing to the Westchester County
Planning Board and to the clerks of abutting municipalities when required
by law.
C.
Public hearing. The Planning Board shall conduct a public hearing
on any application or request made pursuant to this chapter. The deliberations
of the Board shall be conducted publicly and all votes on any matter
before the Board must be taken at a public meeting.
(1)
Publication in the official newspaper. The applicant shall give public
notice of such hearing and of the substance of the application shall
be given by publication in the City's official newspaper at least
10 days before the date of such hearing. The applicant shall file
with the Board a duly sworn affidavit attesting that such notification
was completed.
(2)
Mailing to abutting and adjacent property owners. The applicant must
notify all property owners in an affected area as determined by the
Board, but, at a minimum, the applicant shall notify all property
owners within 250 feet of any boundary of the property which is the
subject of an application for all single-, two- and three-family properties
and must notify any property owners within 500 feet of any boundary
of the property which is the subject of an application for all multifamily,
nonresidentially zoned and nonresidential uses. Such notice shall
be given by registered mail or certified mail, return receipt requested,
and regular mail to such property owners whose names appear as the
owners of record in the office of the Assessor of their respective
municipality. Such notice shall be mailed not more than 21 days prior
to and not less than 10 days before the date of the public hearing.
The applicant shall file with the Board a duly sworn affidavit attesting
that such property owners were so notified.
(3)
Sign posting. A sign as prescribed in the Planning Board's rules
and regulations shall be posted along all street frontages of the
subject site at least 14 days prior to the hearing date. The applicant
shall file with the Board a duly sworn affidavit attesting that such
notification was completed.
(4)
Affidavit submission. All required affidavits shall be filed not
less than nine days prior to the date of the public hearing.
D.
Action. Every decision of the Planning Board shall be by resolution,
shall be recorded and shall fully set forth the facts of the case
and the findings and conclusions on which it was based. Such resolution
shall be prepared. Such decision shall be made within 62 days of the
date of the public hearing.
The City Clerk is hereby specified as the officer who shall issue in behalf of the City the certificate of failure of the Planning Board to take action as prescribed in § 32 of the General City Law.
After an application has been decided, no matter presented to
the Planning Board shall again be presented to or entertained by said
Board within a period of three years from the date of such decision
or determination or, if renewed by the courts, within the same period
after the final adjudication thereof, except upon a showing by the
applicant, to the satisfaction of the Planning Board, that there has
been a material change in the circumstances under consideration in
the original proceeding.
This chapter shall take effect immediately.
