According to New York State Village Law, when a municipality
adopts zoning, the administration of that zoning must be established.
It is the purpose and intent of this article to establish the proper
and efficient administration of the chapter, including the review
of development applications, building permits, certificates of occupancy,
and enforcement.
This chapter shall be administered by the Zoning Administrator.
A.
Authorization of Zoning Administrator.
(1)
Designation of Zoning Administrator. The Zoning Administrator
under this chapter shall be divided by the Village Manager into three
Department Zoning Administrators, designated as follows:
(a)
The Director of Planning and Economic Development is designated
as the Zoning Administrator for Building and Lot Plans, Site Plans,
Development Parcel Plans, Special Exception Uses, and Subdivisions.
(b)
The Building Inspector is designated as the Zoning Administrator
for Building Permits, Sign Permits, and certificates and other permits
under the Building Inspector's jurisdiction.
(2)
Department Zoning Administrator Authorization and Duties. It
shall be the duty of the Department Zoning Administrator or his/her
designee, and the Department Zoning Administrator is hereby authorized
as follows:
(a)
Director of Planning and Economic Development.
[2]
Review and determine whether development review
plans and applications are in compliance with the standards and requirements
of this chapter.
[3]
Review and determine whether development review
plans and applications submitted pursuant to this chapter are complete
with all standards and requirements hereof.
[4]
Review and determine whether subdivision plans and applications submitted pursuant to Chapter A402 are complete with all standards and requirements therein.
[5]
Take all actions and discharge all duties and responsibilities
under this chapter as directed by the Planning Commission, Zoning
Board of Appeals, or Board of Trustees.
[6]
At his/her discretion, request as a condition of any approval that an as-built plan be provided and that he/she signs off on the as-built plan before a Certificate of Occupancy is issued, per § 345-810 of this chapter.
[7]
Issue Zoning Verification Letters upon request
and with payment of the appropriate fee, as set forth in Chapter Village
Code 175 (Fees).
[8]
Adopt rules of procedure, consistent with this
chapter, to assure efficient and uniform administration of its provisions.
(b)
Building Inspector.
[1]
To approve, approve with conditions or disapprove
Building Permits, Sign Permits, and certificates and other permits
under the Building Inspector's jurisdiction when, after review, are
found to be in compliance with this chapter.
[2]
Issue determinations as to Building Permits, Sign
Permits, and certificates and other permits under the Building Inspector's
jurisdiction.
[3]
Adopt rules of procedure, consistent with this
chapter, to assure efficient and uniform administration of its provisions.
(c)
Director of Code Enforcement.
[1]
Enforce the provisions of any valid permit, certificate,
or any approved Site Plans, Development Parcel Plans, Special Exception
Uses, subdivision and Zoning Permits issued in compliance with this
chapter.
[2]
Enforce the provisions of any valid permit, certificate,
or any approved Site Plans, Development Parcel Plans, Special Exception
Uses, subdivision and Zoning Permits issued prior to the adoption
of this chapter.
[3]
Adopt rules of procedure, consistent with this
chapter, to assure efficient and uniform administration of its provisions.
(3)
Method of Acting.
(a)
Each Department Zoning Administrator may authorize one or more
designees.
(b)
The Village Manager may appoint an acting Department Zoning
Administrator should a Department Head position be vacated.
(c)
Each respective Department Zoning Administrator has final authority
for decisions made pursuant to the duties as stated in § 345-802A(2).
(d)
Any aggrieved person or official may submit an application to
the Zoning Board of Appeals for an interpretation or review of a decision
made the Department Zoning Administrator.
B.
(Reserved)
A.
General.
(1)
Authority under this chapter shall be vested in and delegated to
the officials and Decisionmaking Authorities designated in this chapter,
the Village Code, and the New York State Village Law. This authority
shall be deemed supplemental to any other authority lawfully conferred
upon the officials and Decisionmaking Authorities.
(2)
The officials and Decisionmaking Authorities shall have all implied
authority necessary to carry out the duties and responsibilities expressly
provided in this chapter to the extent the implied authority is not
in conflict with the expressed authority.
B.
Board of Trustees.
(1)
Duties. The Board of Trustees shall perform all duties and functions
assigned to boards of trustees under New York State Village Law, this
chapter, and any other applicable chapter of the Village Code.
(2)
Certain Specific Authority. Without limitation, the Board of
Trustees is authorized to:
(b)
Review and act on applications for proposed Site Plans, Development
Parcel Plans, Special Exception Uses, Zoning Permits involving property
in SD-PMU, excluding Wireless-Telecommunications-Facilities-only applications,
which the Planning Commission is authorized to review and act on.
(3)
Actions. Such actions may include approval, conditional approval
or disapproval based on the standards and requirements set forth in
or established pursuant to this chapter.
C.
Planning Commission. The Planning Commission shall perform all duties
and functions assigned to planning commissions under New York State
Village Law, this chapter, and any other applicable chapter of the
Village Code. Without limitation, the Planning Commission is hereby
authorized to review and act on applications for proposed Site Plans,
Development Parcel Plans, Special Exception Uses, and Zoning Permits,
other than those involving property in SD-PMU, excluding Wireless-Telecommunications-Facilities-only
applications within the SD-PMU. Such action may include approval,
conditional approval or disapproval based on the standards and requirements
set forth in or established pursuant to this chapter. The Planning
Commission is authorized to recommend to the Board of Trustees Zoning
Text Amendments or Zoning Map Changes.
D.
Planning and Economic Development Zoning Administrator. The Planning
and Economic Development Zoning Administrator is hereby authorized
to review and act on applications for proposed Building and Lot Plans.
E.
Zoning Board of Appeals. The Zoning Board of Appeals shall perform
all duties and functions assigned to boards of appeal under New York
State Village Law, this chapter, and any other applicable chapter
of the Village Code. Without limitation, the Zoning Board of Appeals
is hereby authorized to review and act on applications for proposed
Area and Use Variances, to hear, to interpret, and/or review decisions
by Department Zoning Administrators upon appeal.
A.
General. As necessary and required, a Decisionmaking Authority may
refer a particular matter to a Referral Body for review and recommendation.
B.
Development Review Committee.
(1)
Establishment of Development Review Committee (DRC). There shall
be a Village of Port Chester Development Review Committee (DRC). The
purpose of the DRC is to have a centralized review of specific applications
for development review by key Village Staff and its technical experts
and consultants.
(2)
Make-Up of the Development Review Committee. Such Committee
shall consist of the Director of Planning and Economic Development,
the Building Inspector, the Village Engineer, the Director of Code
Enforcement, the Village Traffic Sergeant, the Village Consulting
Traffic Engineer, the Village Fire Department, the Emergency Services,
the Village Attorney, and/or other staff and/or designees that the
Planning and Economic Development Zoning Administrator deems necessary
to review an application. The Director of Planning and Economic Development
shall chair the Committee.
(3)
Meeting Requirements. The DRC shall meet when an application
is referred by the Decisionmaking Authority, unless the Director of
Planning and Economic Development deems it not necessary to convene
for a particular month.
[Amended 12-21-2020 by L.L. No. 3-2021]
(4)
Roles and Responsibilities. Each member of the DRC is required
to review development review applications and provide written commentary
within a week of the meeting on any potential impacts, inconsistency
in the application, or recommendation for additional information to
be provided. Alternatively, DRC members may appear at the meeting
to offer commentary. The Director of Planning and Economic Development
may also request a member to submit commentary in writing.
[Amended 12-21-2020 by L.L. No. 3-2021]
(5)
Report. A report shall be prepared on each meeting of the DRC,
which shall be transmitted to the applicant and the Decisionmaking
Authority.
C.
Architectural Review Board.
[Amended 12-21-2020 by L.L. No. 3-2021]
(1)
All Site Plans and Development Parcel Plans shall be referred
to the Architectural Review Board (ARB) for review and recommendation
with regard to colors and materials, architectural articulation, and
harmony of exterior features only.
(2)
The ARB shall, within 45 calendar days from the date of the
Decisionmaking Authority Referral Resolution, offer its recommendations
in writing to the Decisionmaking Authority. In the event that no recommendations
are received within the time period allocated, the Decisionmaking
Authority shall continue the review process in the absence of ARB
recommendations. Nothing herein shall preclude the Decisionmaking
Authority from considering and/or conditioning an approval upon areas
that would otherwise have been the purview of the ARB.
D.
Traffic Commission.
[Amended 12-21-2020 by L.L. No. 3-2021]
(1)
Site Plans and Development Parcel Plans that are determined
by the Decisionmaking Authority to likely have a potential impact
to transportation or parking shall be referred to the Traffic Commission
for review and recommendation.
(2)
The Traffic Commission shall, within 45 calendar days from the
date of the Decisionmaking Authority Referral Resolution, offer its
recommendations in writing to the Decisionmaking Authority. In the
event that no recommendations are received within the time period
allocated, the Decisionmaking Authority shall continue the review
process in the absence of Traffic Commission recommendations. Nothing
herein shall preclude the Decisionmaking Authority from considering
and/or conditioning an approval upon areas that would otherwise have
been the purview of the Traffic Commission.
E.
Waterfront Commission.
[Amended 12-21-2020 by L.L. No. 3-2021]
(1)
Per Chapter 332 of the Code of the Village of Port Chester, whenever an agency receives an application for approval or funding to be located in the Village's coastal area, the agency shall refer seven copies of the completed Coastal Assessment Form (CAF) to the Waterfront Commission at least 10 days prior to the Commission's regularly scheduled meeting.
(2)
The Waterfront Commission shall, within 45 calendar days from
the date of the Decisionmaking Authority Referral Resolution, offer
its recommendations in writing to the Decisionmaking Authority. In
the event that no recommendations are received within the time period
allocated, the Decisionmaking Authority shall continue the review
process in the absence of Waterfront Commission recommendations. Nothing
herein shall preclude the Decisionmaking Authority from considering
and/or conditioning an approval upon areas that would otherwise have
been the purview of the Waterfront Commission.
B.
Exemptions from Development Review. The following are exempt from
development review and can proceed directly to application for a Building
Permit:
[Amended 12-21-2020 by L.L. No. 3-2021]
C.
Categorization and Preapplication. In order to determine the type
of application and development review, a project must be categorized,
as follows:
(1)
Project Proposal Form (PPF). In order to begin the development
review process, a project proposal form (PPF) shall be submitted to
the Department of Planning and Economic Development, unless otherwise
initiated in the Building Department or as part of an application
to a Decisionmaking Body.
[Amended 12-21-2020 by L.L. No. 3-2021]
(2)
Precategorization Conference. Upon receipt of a PPF and appropriate fee, as set forth in Village Code Chapter 175 (Fees), the Planning and Economic Development Zoning Administrator shall schedule a Precategorization Conference with the prospective applicant. The Precategorization Conference may include the Building Inspector, Village Engineer, Village Attorney, or other staff, at the discretion of the Planning and Economic Development Zoning Administrator. At the Precategorization Conference the proposal shall be discussed and indication of the category shall be provided by the Village to the prospective applicant. In addition, the required parking standards for an overall application/site shall be clearly discussed, as well as the operational aspects of any parking provided. Application requirements and the development review procedures and process shall be discussed as well. In preparation for the Precategorization Conference, the Planning and Economic Development Zoning Administrator may require that prospective applicants request from the Building Department a standard property search. At the discretion of the Planning and Economic Development Zoning Administrator, the Precategorization and Presubmission Conference may be combined.
(3)
Presubmission Conference. Prior to the submittal of a development review application a prospective applicant may request a Presubmission Conference with the Department of Planning and Economic Development. At such Presubmission Conference, the proposal may be discussed, as well as the application requirements, development review procedures, and process. A prospective applicant may request more than one Presubmission Conference. No Presubmission Conference may take place unless the appropriate fee is provided, as set forth in Village Code Chapter 175 (Fees).
D.
Development Review Procedures.
(2)
Request for Special Meeting or Workshop. An applicant may request a special meeting or workshop with any of the Decisionmaking Authorities or Referral Bodies described in this article. Such request must be made in writing to the Planning and Economic Development Zoning Administrator and be accompanied by the appropriate fee, as set forth in Village Code Chapter 175 (Fees).
E.
Coordination of Approvals.
(1)
Multiple Approvals. When one of the applications discussed below in § 345-805F through J requires other local approvals, such as Variances or approval of a Special Exception Use, all such approvals shall be applied for at the same time. The Decisionmaking Authority shall consider the application as a whole.
(2)
Multiple Decisionmaking Authorities. When an application with
multiple approvals involves more than one Decisionmaking Authority,
the following shall occur:
(a)
Lead Agency Under SEQRA. One Decisionmaking Authority shall
lead the SEQRA process and act as Lead Agency. The other Decisionmaking
Authorit(ies) shall be considered an Involved Agency.
(b)
Coordinated Approval Process. The Lead Agency shall lead the
entire development review process, including providing approval or
disapproval of both the SEQRA and specific development review.
[1]
Approval. The SEQRA and the specific development
review approvals shall be conditioned upon receipt of the other approvals
by the other Decisionmaking Authorit(ies).
[2]
Disapproval. If the action(s) of the Lead Agency
Decisionmaking Authority is disapproval, such action shall be considered
final and the application shall not move forward to the Involved Agency
Decisionmaking Authority.
F.
Building and Lot Plans.
(1)
Applicability.
(a)
In all Districts, Building and Lot Plan approval must be obtained
for:
[Amended 12-21-2020 by L.L. No. 3-2021]
[1]
New construction of an Accessory Building or Structure
of less than 1,500 square feet, including, but not limited to, Accessory
Dwelling Units; or
[2]
Any expansion, or enlargement of an existing Building
of less than 20% of the Building's Aggregate Floor Area or less than
5,000 square feet, whichever is smaller.
[3]
Any change in Use from a Permitted Use to another
Permitted Use within an existing Building that would not result in
a change of intensity relating to traffic, pedestrian safety and access,
environmental quality, drainage, refuse and sewage disposal, and water
supply.
(b)
As part of any Site Plan application, a Building and Lot Plan
shall be provided.
(2)
Building and Lot Plan Application Requirements.
(a)
Each Building and Lot Plan required under this article must
be prepared, signed, and submitted by or on behalf of the Owner of
Record according to the Town of Rye parcel data records of the subject
parcel(s). If such Plan is prepared, signed, and submitted on behalf
of such Owner, a notarized Letter of Authorization shall accompany
the Plan.
(c)
Each Building and Lot Plan must include all items described
in § 345-805F(2)(e).
[Amended 12-21-2020 by L.L. No. 3-2021]
(d)
Each Building and Lot Plan must be submitted for review and action in accordance with this § 345-805F.
(e)
Each Building and Lot Plan submitted under this article must:
[1]
Comply with any applicable Development Parcel Plan,
Site Plan, the Zoning Map, and all standards and requirements of this
chapter, including without limitation those applicable to the District
in which the land covered by such Building and Lot Plan is situated;
and
[2]
Show and include the information required as part
of the Building and Lot Plan Checklist, established and revised from
time to time, by the Department of Planning and Economic Development,
in compliance with the standards and requirements of the Zoning Map,
any applicable Development Parcel Plan, Site Plan, and this chapter,
including without limitation those applicable to the District in which
the land covered by such Building and Lot Plan is situated.
(f)
A conceptual Building and Lot Plan submitted as part of a petition
for Zoning Text Amendment or Zoning Map Change need only to provide
information to adequately describe the intended Development.
(3)
Building and Lot Plan Procedures.
(a)
The applicant must submit one printed copy and one digital PDF copy of the complete Building and Lot Plan application. Such application must include one or more site plan drawings and/or architectural elevations that highlight each area of compliance relative to its respective District, as well as the appropriate fee, as set forth in Village Code Chapter 175 (Fees).
(b)
Once the application is determined to be complete by the Planning
and Economic Development Zoning Administrator, the Planning and Economic
Development Zoning Administrator, as Decisionmaking Authority for
Building and Lot Plans, shall review and make a determination to approve
or disapprove within 30 days.
(4)
Review Criteria.
(a)
All Building and Lot Plans will be reviewed against Article 4 (Building and Lot Plans and Standards) for the applicable District or Civic District.
(b)
Depending on the scope of the application, the applicant would be required to meet all applicable standards of Article 4 (Building and Lot Plans and Standards) or provide a memorandum stating why one or more standards cannot be met and request a formal Waiver. The Planning and Economic Development Administrator shall review the request and provide written justification to ratify the request or not.
(5)
Decisionmaking Authority's Action.
(a)
Action shall be taken on each Building and Lot Plan application
in accordance with the review criteria in § 345-805F(4).
(b)
A Certificate of Compliance with respect to a Building and Lot
Plan shall be issued if and only if the Building and Lot Plan and
proposed Building and Lot covered thereby are determined by the Planning
and Economic Development Zoning Administrator to comply with the standards
and requirements of this chapter, any approved Development Parcel
Plan if required, and an approved Site Plan if required.
(6)
Condition to Building, Building Permit and Certificate of Occupancy.
(a)
No Building shall be constructed, reconstructed, or modified,
and no Lot or other land shall be Developed, Improved, subdivided,
or resubdivided, and none of the same shall be used, except in compliance
with this article, the Zoning Map, and any applicable Development
Parcel Plan, and pursuant to a Building and Lot Plan that has been
prepared, submitted, reviewed and certified in accordance with this
chapter and all standards and requirements applicable thereto.
G.
Site Plans.
(1)
Applicability.
(a)
In all Districts, Site Plan approval must be obtained for:
[1]
New construction of a Principal Building or Accessory
Building or Structure of greater than 1,500 square feet;
[2]
Change or expansion of a Nonconforming Use, Structure, or Lot, per the standards of Article 9 (Nonconformities);
[3]
Any Use of Vacant Land;
[4]
Any expansion, or enlargement of an existing Building
by more than 20% of the Building's Aggregate Floor Area or more than
5,000 square feet, whichever is smaller;
[5]
Any change in Use from a Permitted Use to another
Permitted Use within an existing Building that would result in a change
of intensity relating to traffic, pedestrian safety and access, environmental
quality, drainage, refuse and sewage disposal, and water supply;
[6]
Any change in Use from a Permitted Use to a Special
Exception Use within an existing Building that does not add, expand,
or enlarge the Building.
(2)
Site Plan Application Requirements.
(a)
Each Site Plan application shall include:
[1]
A copy of the Building and Lot Plan, accompanied by the Planning and Economic Development Zoning Administrator's Certificate of Compliance issued pursuant to § 345-805F.
[2]
A Site Plan application and accompanying Site Plan containing the
information required as part of the Site Plan Checklist, established
and revised from time to time, by the Department of Planning and Economic
Development.
[3]
A copy of any required Development Parcel Plan related to the proposed project, accompanied by the Planning and Economic Development Zoning Administrator's Certificate of Compliance issued pursuant to § 345-805H, if applicable.
[4]
Evidence of a consideration to incorporate reasonably available energy conservation or renewable energy opportunities, such as new green infrastructure or retrofits, installation of solar arrays or canopies, and geothermal systems, pursuant to § 345-405V.
[5]
The Planning and Economic Development Zoning Administrator's Certificate
of Completeness with respect to the Site Plan application.
(b)
A conceptual Site Plan submitted as part of a petition for Zoning
Text Amendment or Zoning Map Change need only to provide information
to adequately describe the intended Development and a copy of any
required Development Parcel Plan and Certificate of Compliance.
(c)
Upon written request by an applicant to waive any of the Site
Plan application requirements, the Planning and Economic Development
Administrator shall review the request and provide written justification
to the Decisionmaking Authority. Prior to holding a public meeting
on any application with such a request, the Decisionmaking Authority
must consider the request and, if it is in agreement, ratify the request.
(3)
Site Plan Procedures.
(a)
Building and Lot Plan. Prior to formal submission of a Site Plan application, an applicant must follow the procedures of supplying and, ultimately, obtaining approval of a Building and Lot Plan, pursuant to § 345-805F, including the Presubmission Conference and review.
(b)
Submission of Site Plan Application.
[1]
No fewer than 20 days prior to the meeting of the Decisionmaking Authority at which the application is to be considered, the applicant must submit to the Planning and Economic Development Zoning Administrator 20 printed copies and one digital PDF copy of the complete Site Plan application, including all supporting documentation, accompanied by the appropriate fees, as set forth in Village Code Chapter 175 (Fees).
[2]
The digital copy of the application must be clearly
identified with the name of the applicant, project address, submission
date, and case number, if assigned.
(c)
Completeness Review by Planning and Economic Development Zoning
Administrator.
[1]
Upon submission of a Site Plan application, the
Planning and Economic Development Zoning Administrator must review
and determine whether the application is complete, including if the
appropriate fees were provided.
[2]
If the Planning and Economic Development Zoning
Administrator determines that the Site Plan application is complete,
he or she must issue a Certificate of Completeness. The Certificate
of Completeness shall be provided to the applicant and included in
any materials provided to the Decisionmaking Authority.
[3]
If the Planning and Economic Development Zoning
Administrator determines that the Site Plan application is incomplete,
he or she must notify the applicant of such determination with a written
explanation regarding which items are incomplete, and must return
the application to the applicant.
(d)
Decisionmaking Authority Public Meeting. Upon determination
of completeness by the Planning and Economic Development Zoning Administrator,
the Site Plan application shall appear before the Decisionmaking Authority
at a public meeting. The Site Plan application, associated materials,
and the Certificate of Completeness shall be provided to the Decisionmaking
Authority. The purpose of such public meeting is to introduce the
project to the Decisionmaking Authority and public, discuss any initial
issues or concerns, and set the public hearing on the matter. Under
no circumstances shall an application proceed to the Decisionmaking
Authority unless all fees and reimbursable costs due the Village are
paid and the project escrow is up-to-date.
(e)
Decisionmaking Authority Public Hearing.
[1]
Upon setting of the public hearing, the applicant must provide public notice of such hearing in compliance with the public notice requirements set forth in § 345-808.
[2]
The Decisionmaking Authority may conduct the public
hearing according to its policies and procedures.
[3]
Under no circumstances shall a public hearing be
held unless all fees and reimbursable costs due the Village are paid
and the project escrow is up-to-date.
(4)
Review Criteria.
(a)
In considering a Site Plan application and Site Plan, the Decisionmaking
Authority must take into consideration the public health, safety,
and general welfare, the comfort and convenience of the public in
general and the residents of the immediate neighborhood in particular,
and the provision of a diverse and balanced housing stock, and must
establish any appropriate conditions and safeguards in harmony with
the general purpose and intent of this chapter.
(b)
The Decisionmaking Authority must ensure that the proposed Development,
Site Plan, and Site Plan application comply with each of the following
prior to approval:
[1]
The Village of Port Chester Comprehensive Plan,
as adopted and updated;
[2]
The Village of Local Waterfront Revitalization
Plan (LWRP), as adopted and updated, if applicable;
[3]
Urban renewal plans adopted by the Village of Port
Chester, if applicable;
[4]
The New York State Environmental Quality Review
Act ("SEQRA");
[5]
The Supplemental Development Standards of:
[6]
The Site Plan application is complete, as evidenced
by the Planning and Economic Development Zoning Administrator's Certificate
of Completeness;
[8]
All other applicable provisions of the Village
Ordinances, Village Code, and Village rules and regulations, and with
all applicable state and federal statutes and regulations.
(c)
Reservation of Parkland on Site Plans Containing Residential
Dwelling Units.
[1]
Before such Decisionmaking Authority may approve
a Site Plan containing residential units, such Site Plan shall also
show, when required by such Decisionmaking Authority, a park or parks
suitably located for playground or other recreational purposes.
[2]
Land for park, playground or other recreational
purposes may not be required until the Decisionmaking Authority has
made a finding that a proper case exists for requiring that a park
or parks be suitably located for playgrounds or other recreational
purposes within the Village. Such findings shall include an evaluation
of the present and anticipated future needs for park and recreational
facilities in the Village based on projected population growth to
which the particular Site Plan will contribute.
[3]
In the event the Decisionmaking Authority makes a finding pursuant to Subsection G(4)(c)[2] above that the proposed Site Plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such Site Plan, the applicant shall be required to pay a fee in lieu of to the Village in the amount of $2,000 per dwelling unit, such fee amount as established for subdivisions in § A402-21D of the Code of the Village of Port Chester.
[4]
Any monies required by the Decisionmaking Authority
in lieu of land for park, playground, or other recreational purposes,
pursuant to the provisions of this section, shall be deposited into
a trust fund to be used by the Village exclusively for park, playground,
or other recreational purposes, including the acquisition of property.
[5]
Notwithstanding the foregoing provisions of this
section, if the land included in a Site Plan under review is a portion
of a subdivision plat or Development Parcel Plan which has been previously
reviewed and approved, the Decisionmaking Authority shall credit the
applicant for any land set aside or money donated in lieu thereof
under such previous subdivision plat or Development Parcel Plan approval.
In the event of resubdivision of a subdivision plat, nothing shall
preclude the additional reservation of parkland or money donated in
lieu thereof.
(5)
Decisionmaking Authority's Action. A Site Plan application must
be approved or disapproved by the Decisionmaking Authority in accordance
with the following:
(a)
SEQRA Determination of Significance. For all Site Plan applications,
prior to action on the Site Plan, the Decisionmaking Authority must
first provide a determination of significance under SEQRA.
(b)
Approval.
[1]
A Site Plan must be approved by the Decisionmaking
Authority, upon its finding that the application and Site Plan are
in compliance with the review criteria set forth in § 345-805G(4).
[2]
Approval must be in the form of a resolution by
the Decisionmaking Authority. A copy of the resolution must be signed
by the Decisionmaking Authority chairperson and sent to the applicant
within 10 days of its passage.
[3]
If a Site Plan is approved, the Site Plan as approved,
must become part of the record of approval, and subsequent actions
relating to the authorized Development must be consistent with approved
items.
[4]
Where a Site Plan approval incorporates multiple
tax parcels, the application shall merge the tax lots into a single
lot, as a Site Plan condition prior to signature by the Decisionmaking
Authority chairperson.
(c)
Disapproval.
[1]
A Site Plan must be disapproved if the Decisionmaking
Authority determines that the application does not comply with any
one or more of the review criteria set forth in § 345-805G(4).
[2]
Disapproval must be in the form of a resolution
by the Decisionmaking Authority setting forth the reasons for its
disapproval. A copy of the resolution must be signed by the Decisionmaking
Authority chairperson and sent to the applicant within 10 days of
its passage.
(d)
Endorsement of Action.
[1]
Approval Endorsement. Upon closing of the public
hearing and action by the Decisionmaking Authority, the applicant
shall provide five copies of the Site Plan, updated with any changes
requested during the approval process. Upon payment by the applicant
of any unpaid fees and reimbursable costs due the Village, the Decisionmaking
Authority chairperson and the Planning and Economic Development Zoning
Administrator must endorse the action taken on the five copies of
the Site Plan and must immediately provide one copy to the applicant
with the approval resolution, and one copy to the Department of Planning
and Economic Development, the Building Inspector, the Village Engineer,
and the Village Clerk for retention in their records.
[2]
Disapproval Endorsement. Upon closing of the public
hearing and disapproval by the Decisionmaking Authority, the applicant
shall pay any unpaid fees and reimbursable costs due the Village.
Once such fees are received, the chair of the Decisionmaking Authority
and the Planning and Economic Development Zoning Administrator must
endorse the action taken by the disapproval resolution, and provide
one copy to the applicant, the Department of Planning and Economic
Development, the Building Inspector, the Village Engineer, and the
Village Clerk for retention in their records.
(6)
Site Plan Procedures Related to Certain Uses.
[Amended 12-21-2020 by L.L. No. 3-2021]
(7)
Expiration or lapse of approval. If a Building Permit related
to an approved Site Plan application is not issued within three years
from the date the Site Plan was approved, the Site Plan approval shall
expire. Notwithstanding the foregoing:
[Amended 1-24-2022 by L.L. No. 4-2022; 4-17-2023 by L.L. No. 6-2023]
(a)
With regard to Site Plan approvals granted on or before March
7, 2020, the deadline for the issuance of a building permit shall
be extended to and include April 27, 2023 at which time the Site Plan
approval expires. This Subsection G(7)(a) and the relief provided
herein shall expire effective April 28, 2023.
(b)
With regard to the Station Lofts project to be constructed at 67
New Broad Street, the Site Plan approval and all related project approvals
are hereby extended from April 28, 2023, through and including December
31, 2025.
H.
Development Parcel Plans.
(1)
Applicability.
(a)
In all Districts, none of the following shall occur with respect to or on a Development Parcel except pursuant to and in compliance with a Development Parcel Plan that has been prepared, submitted, and approved in accordance with this chapter and all standards and requirements applicable thereto, and has been certified by the Planning and Economic Development Zoning Administrator as being in compliance with Article 5 (Development Parcel Plans and Standards):
[1]
Construction of any Structure;
[2]
Exterior Alteration to an existing Structure;
[3]
Development, redevelopment, Improvement, or resubdivision
of any Lot or other land;
[4]
Using any land or Structure; or
[5]
Filing, issuing, applying for, approving, or certifying
any subdivision application or plat, Building Permit, Building and
Lot Plan, Special Exception Use, Site Plan, Zoning Map Change or Zoning
Map Amendment, or other Development approval.
(2)
Development Parcel Plan Application Requirements.
(a)
Preparation.
[1]
Each Development Parcel Plan required to be submitted
under this chapter must be prepared and submitted by or on behalf
of the Owner of the applicable property. If such Plan is prepared,
signed, and submitted on behalf of such Owner, a written durable,
irrevocable power of attorney authorizing such actions to be taken
on behalf of the Owner shall accompany the Plan.
[2]
Each Development Parcel Plan must be prepared in accordance with § 345-501B(6) and (7) and must conform to the requirements of this § 345-805H and other provisions hereof.
[3]
Each Development Parcel Plan must include all items
described in § 345-805H(2)(b) in compliance with the standards
and requirements of this chapter.
(b)
Plan Requirements.
[1]
Each Development Parcel Plan submitted under this
chapter must include the standards and requirements for the Development
Parcel Plan area containing the information required as part of the
Development Parcel Plan Checklist, established and revised from time
to time, by the Department of Planning and Economic Development, in
compliance with this chapter and the standards and requirements of
the applicable District in which the land covered by such Development
Parcel Plan is situated, as determined by:
[a]
The applicable Zoning Map then in effect if such
Development Parcel Plan is not being submitted as part of an application
for Zoning Map Change or Zoning Text Amendment; or
[b]
The proposed Zoning Map Change or Zoning Text Amendment
if such Development Parcel Plan is being submitted as part of an application
for a Zoning Map Change or Zoning Text Amendment.
[2]
Pedestrian Sheds.
[a]
Any proposed Development Parcel Plan must be based
upon one or several proposed or existing Standard or Linear Pedestrian
Sheds, as applicable, located according to existing conditions, such
as traffic intersections, Adjacent Development, and natural features.
Each Pedestrian Shed must have a Common Destination near its center.
[b]
The Development Parcel Plan site may be smaller
or larger than the Pedestrian Shed within which it is situated.
[c]
See Illustration 345.501.B-1 (Standard Pedestrian
Shed) and Illustration 345.501.B-2 (Linear Pedestrian Shed).
[3]
Civic Districts. Civic Districts must be assigned
according to and as required by §§ 345-504A(1) and
345-204B.
(3)
Development Parcel Plan Procedures.
(a)
Submission of Development Parcel Plan Application.
[1]
An applicant must submit to the Planning and Economic
Development Zoning Administrator 20 printed copies and one digital
PDF copy of the complete Development Parcel Plan application, including
all supporting documentation, accompanied by the appropriate submission
fee and accompanying engineering review fee(s).
[2]
The digital copy of the application must be clearly
identified with the name of the applicant, project address, submission
date, and case number, if assigned.
(b)
Completeness Review by Planning and Economic Development Zoning
Administrator.
[1]
Upon submission of a Development Parcel Plan application,
the Planning and Economic Development Zoning Administrator must review
and determine whether the application is complete, including if the
appropriate fees were provided.
[2]
If the Planning and Economic Development Zoning
Administrator determines that the Development Parcel Plan application
is complete, he or she must issue a Certificate of Completeness. The
Certificate of Completeness shall be provided to the applicant and
included in any materials provided to the Decisionmaking Authority.
[3]
If the Planning and Economic Development Zoning
Administrator determines that the Development Parcel Plan application
is incomplete, he or she must notify the applicant of such determination
with a written explanation regarding which items are incomplete, and
must return the application to the applicant.
(c)
Decisionmaking Authority Public Meeting. Upon determination
of completeness by the Planning and Economic Development Zoning Administrator,
the Development Parcel Plan application shall appear before the Decisionmaking
Authority at a public meeting. The Development Parcel Plan application,
associated materials, and the Certificate of Completeness shall be
provided to the Decisionmaking Authority. The purpose of such public
meeting is to introduce the project to the Decisionmaking Authority
and public, discuss any initial issues or concerns, and set the public
hearing on the matter. Under no circumstances shall an application
proceed to the Decisionmaking Authority unless all fees and reimbursable
costs due the Village are paid and the project escrow is up-to-date.
(d)
Decisionmaking Authority Public Hearing.
[1]
Upon setting of the public hearing, the Decisionmaking Authority must provide public notice of such hearing in compliance with the public notice requirements set forth in § 345-808.
[2]
The Decisionmaking Authority may conduct the public
hearing according to its policies and procedures.
[3]
Under no circumstances shall a public hearing be
held unless all fees and reimbursable costs due the Village are paid
and the project escrow is up-to-date.
(4)
Review Criteria.
(a)
In considering a Development Parcel Plan application and Development
Parcel Plan, the Decisionmaking Authority must take into consideration
the public health, safety, and general welfare, the comfort and convenience
of the public in general and the residents of the immediate neighborhood
in particular, and the provision of a diverse and balanced housing
stock, and must establish any appropriate conditions and safeguards
in harmony with the general purpose and intent of this chapter.
(b)
The Decisionmaking Authority must ensure that the proposed Development
Parcel Plan complies with § 345-501B(6) and (7):
(c)
Reservation of Parkland on Development Parcel Plans Containing
Residential Dwelling Units.
[1]
Before such Decisionmaking Authority may approve
a Development Parcel Plan containing Residential units, such Development
Parcel Plan shall also show, when required by such Decisionmaking
Authority, a park or parks suitably located for playground or other
recreational purposes.
[2]
Land for park, playground or other recreational
purposes may not be required until the Decisionmaking Authority has
made a finding that a proper case exists for requiring that a park
or parks be suitably located for playgrounds or other recreational
purposes within the Village. Such findings shall include an evaluation
of the present and anticipated future needs for park and recreational
facilities in the Village based on projected population growth to
which the particular Development Parcel Plan will contribute.
[3]
In the event the Decisionmaking Authority makes a finding pursuant to Subsection H(4)(c)[2] above that the proposed Development Parcel Plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such Development Parcel Plan, the applicant shall be required to pay a fee in lieu of to the Village in the amount of $2,000 per Dwelling Unit, such fee amount as established for subdivisions in § A402-21D of the Code of the Village of Port Chester.
[4]
Any monies required by the Decisionmaking Authority
in lieu of land for park, playground, or other recreational purposes,
pursuant to the provisions of this section, shall be deposited into
a trust fund to be used by the Village exclusively for park, playground,
or other recreational purposes, including the acquisition of property.
[5]
Notwithstanding the foregoing provisions of this
section, if the land included in a Development Parcel Plan under review
is a portion of a subdivision plat which has been previously reviewed
and approved, the Decisionmaking Authority shall credit the applicant
for any land set aside or money donated in lieu thereof under such
previous subdivision plat approval. In the event of resubdivision
of such plat, nothing shall preclude the additional reservation of
parkland or money donated in lieu thereof
(5)
Decisionmaking Authority's Action. A Development Parcel Plan
application must be approved or disapproved by the Decisionmaking
Authority in accordance with the following:
(a)
SEQRA Determination of Significance. For all Site Plan applications,
prior to action on the Site Plan, the Decisionmaking Authority must
first provide a determination of significance under SEQRA.
(b)
Approval.
[1]
A Development Parcel Plan must be approved by the
Decisionmaking Authority upon its finding that the application and
Development Parcel Plan are in compliance with the review criteria
set forth in § 345-805H(4).
[2]
Approval must be in the form of a resolution by
the Decisionmaking Authority. A copy of the resolution must be signed
by the Decisionmaking Authority chairperson and sent to the applicant
within 10 days of its passage.
[3]
If a Development Parcel Plan is approved, the Development
Parcel Plan as approved, must become part of the record of approval,
and subsequent actions relating to the authorized Development must
be consistent with approved items.
(c)
Disapproval.
[1]
A Development Parcel Plan must be disapproved if
the Decisionmaking Authority determines that the application does
not comply with any one or more of the review criteria set forth in
§ 345-805H(4).
[2]
Disapproval must be in the form of a resolution
by the Decisionmaking Authority setting forth the reasons for its
disapproval. A copy of the resolution must be signed by the Decisionmaking
Authority chairperson and sent to the applicant within 10 days of
its passage.
(d)
Endorsement of Action.
[1]
Approval Endorsement. Upon closing of the public
hearing and action by the Decisionmaking Authority, the applicant
shall provide five copies of the Development Parcel Plan, updated
with any changes requested during the approval process. Upon payment
by the applicant of any unpaid fees and reimbursable costs due the
Village, the chair of the Decisionmaking Authority and the Planning
and Economic Development Zoning Administrator must endorse the action
taken on the five copies of the Development Parcel Plan and must immediately
provide one copy to the applicant with the approval resolution, and
one copy to the Department of Planning and Economic Development, the
Building Inspector, the Village Engineer, and the Village Clerk for
retention in their records.
[2]
Disapproval Endorsement. Upon closing of the public
hearing and disapproval by the Decisionmaking Authority, the applicant
shall pay any unpaid fees and reimbursable costs due the Village.
Once such fees are received, the Decisionmaking Authority chairperson
and the Planning and Economic Development Zoning Administrator must
endorse the action taken by the disapproval resolution, and provide
one copy to the applicant, the Department of Planning and Economic
Development, the Building Inspector, the Village Engineer, and the
Village Clerk for retention in their records.
(6)
Expiration or Lapse of Approval. If a Building Permit related
to an approved Development Parcel Plan application is not issued within
three years from the date the Development Parcel Plan was approved,
the Development Parcel Plan approval shall expire.
(7)
Development Parcel Plan Required as Part of Other Applications.
If a Development Parcel Plan is required by virtue of § 345-501B(1)(a)
or (b), such Development Parcel Plan must be submitted for review
and Certification of Compliance by the Planning and Economic Development
Zoning Administrator prior to taking any of the actions described
in § 345-501B(1)(a) or (b), and the certified Development
Parcel Plan and Certificate of Compliance must be submitted as part
of the applicable application for approval of the Site Plan or Zoning
Map Change or Zoning Text Amendment, as applicable.
I.
Special Exception Use.
(1)
Purpose and Applicability. The purpose of a Special Exception
Use approval is to provide additional regulation for particular uses
within the Village through special criteria and an approval process
before the appropriate Decisionmaking Authority.
(2)
Special Exception Use Application Requirements. An application
for a Special Exception Use shall contain the information required
as part of the Special Exception Use Checklist established and revised
from time to time by the Department of Planning and Economic Development.
(3)
Special Exception Use Procedures.
(a)
Submission of Special Exception Use Application.
[1]
An applicant must submit to the Planning and Economic Development Zoning Administrator 20 printed copies and one digital PDF copy of the complete Special Exception Use application, including all supporting documentation, accompanied by the appropriate submission fee and accompanying engineering review fee(s), per Village Code Chapter 175 (Fees).
[2]
The digital copy of the application must be clearly
identified with the name of the applicant, project address, submission
date, and case number, if assigned.
(b)
Completeness Review by Planning and Economic Development Zoning
Administrator.
[1]
Upon submission of a Special Exception Use application,
the Planning and Economic Development Zoning Administrator must review
and determine whether the application is complete, including if the
appropriate fees were provided.
[2]
If the Planning and Economic Development Zoning
Administrator determines that the Special Exception Use application
is complete, he or she must issue a Certificate of Completeness. The
Certificate of Completeness shall be provided to the applicant and
included in any materials provided to the Decisionmaking Authority.
[3]
If the Planning and Economic Development Zoning
Administrator determines that the Special Exception Use application
is incomplete, he or she must notify the applicant of such determination
with a written explanation regarding which items are incomplete, and
must return the application to the applicant.
(c)
Decisionmaking Authority Public Meeting. Upon determination
of completeness by the Planning and Economic Development Zoning Administrator,
the Special Exception Use application shall appear before the Decisionmaking
Authority at a public meeting. The Site Plan application, associated
materials, and the Certificate of Completeness shall be provided to
the Decisionmaking Authority. The purpose of such public meeting is
to introduce the project to the Decisionmaking Authority and public,
discuss any initial issues or concerns, and set the public hearing
on the matter. Under no circumstances shall an application proceed
to the Decisionmaking Authority unless all fees and reimbursable costs
due the Village are paid and the project escrow is up-to-date.
(d)
Decisionmaking Authority Public Hearing.
[1]
Upon setting of the public hearing, the Decisionmaking Authority must provide public notice of such hearing in compliance with the public notice requirements set forth in § 345-808.
[2]
The Decisionmaking Authority may conduct the public
hearing according to its policies and procedures.
[3]
Under no circumstances shall a public hearing be
held unless all fees and reimbursable costs due the Village are paid
and the project escrow is up-to-date.
(4)
Review Criteria.
(a)
In considering a Special Exception Use application, the Decisionmaking
Authority must take into consideration the public health, safety,
and general welfare, the comfort and convenience of the public in
general and the residents of the immediate neighborhood in particular,
and the provision of a diverse and balanced housing stock, and must
establish any appropriate conditions and safeguards in harmony with
the general purpose and intent of this chapter.
(b)
The Decisionmaking Authority must ensure that the proposed Special
Exception Use complies with each of the following general conditions
and requirements, as stated in § 345-405K(6)(e).
(c)
The Decisionmaking Authority must ensure that the proposed Special
Exception Use complies with each of the specific conditions and requirements
for that Use, as stated in § 345-405K(6)(f) or 345-405K(8)(b),
as applicable.
(5)
Decisionmaking Authority's Action. A Special Exception Use application
must be approved or disapproved by the Decisionmaking Authority in
accordance with the following:
(a)
SEQRA Determination of Significance. For all Special Exception
Use applications, prior to action on the Special Exception Use, the
Decisionmaking Authority must first provide a determination of significance
under SEQRA.
(b)
Approval.
[1]
A Special Exception Use must be approved by the
Decisionmaking Authority, upon its finding that the application and
Special Exception Use meets all applicable general and specific conditions,
requirements, and standards, including without limitation, those set
forth in §§ 345-405K(6)(e), (f), 345-405K(8)(b), and
345-405K(4), and any other applicable provisions of law have been
complied with.
[2]
Approval must be in the form of a resolution by
the Decisionmaking Authority. A copy of the resolution must be signed
by the Decisionmaking Authority chairperson and sent to the applicant
within 10 days of its passage.
[3]
If a Special Exception Use is approved, the Special
Exception Use approval must become part of the record of approval,
and subsequent actions relating to the authorized Development must
be consistent with approved items.
(c)
Disapproval.
[1]
A Special Exception Use must be disapproved if
the Decisionmaking Authority determines that the application does
not comply with any one or more of the review criteria set forth in
§ 345-805I(4).
[2]
Disapproval must be in the form of a resolution
by the Decisionmaking Authority setting forth the reasons for its
disapproval. A copy of the resolution must be signed by the Decisionmaking
Authority chairperson and sent to the applicant within 10 days of
its passage.
(d)
Endorsement of Action.
[1]
Approval Endorsement. Upon closing of the public
hearing, action by the Decisionmaking Authority, and payment by the
applicant of any unpaid fees and reimbursable costs due the Village,
the chair of the Decisionmaking Authority and the Planning and Economic
Development Zoning Administrator must provide one copy of the approval
resolution to the applicant, and one copy to the Department of Planning
and Economic Development, the Building Inspector, the Village Engineer,
and the Village Clerk for retention in their records.
[2]
Disapproval Endorsement. Upon closing of the public
hearing and disapproval by the Decisionmaking Authority, the applicant
shall pay any unpaid fees and reimbursable costs due the Village.
Once such fees are received, the Decisionmaking Authority chairperson
and the Planning and Economic Development Zoning Administrator must
endorse the action taken by the disapproval resolution, and provide
one copy to the applicant, the Department of Planning and Economic
Development, the Building Inspector, the Village Engineer, and the
Village Clerk for retention in their records.
(7)
Lapse Upon Change of Use. An approved Special Exception Use
and any related Certificate of Occupancy shall lapse automatically
without the need for any action by the Village if the Use of the subject
property is changed, regardless of whether such different Use is deemed
to be a higher or lower Use.
(8)
Effective Time. A Special Exception Use approval shall become
effective at the time the application is approved by the Decisionmaking
Authority and shall be valid regardless of change of ownership, provided
that all terms and conditions of the approval are met by subsequent
owners or users.
J.
Other Approvals.
(1)
Subdivision Plats. Subdivision Plats must meet the standards and requirements of Chapter A402 (Land Subdivision Regulations) of the Code of the Village of Port Chester and any applicable standards and requirements of this chapter.
(2)
Eligible Facilities Requests. Certain modifications of Wireless Telecommunications Facilities that do not constitute a Substantial Change (i.e., Eligible Facilities) are subject to administrative approval by the Building Inspector pursuant to an Eligible Facilities Request in accordance with § 345-405W.
A.
Statement of Policy. The Board of Trustees, as the policy-making
body of the Village of Port Chester, has established its vision for
the future development of the Village in the adoption of this chapter.
It, therefore, expects that any future Development conforms to the
rules, regulations, and requirements of this chapter. To that end,
it is the policy of the Board of Trustees not to encourage any request
for Variance from this chapter, understanding that New York State
Village Law provides for such procedure.
B.
Authorization. New York State Law requires the appointment of a Zoning
Board of Appeals wherever zoning is enacted. The basis for this requirement
is to provide a mechanism for limited relief where the strict application
of a zoning regulation may otherwise place an undue burden upon an
individual owner of property. Where such a circumstance may arise,
the Zoning Board of Appeals is authorized to vary a specific regulation
only as much as is necessary for the reasonable use of property. Such
authority is only to be exercised in isolated instances, as less discriminate
granting of relief would collectively undermine the legislative intent
and framework of regulations the Zoning Board of Appeals is appointed
to protect. The role of Zoning Boards of Appeal as a safety valve
to protect the validity of land use regulations was first enunciated
by the earliest cases decided by the U.S. Supreme Court and by the
New York State Court of Appeals.
C.
Jurisdiction of the Zoning Board of Appeals. Except as specified
herein below, and accordant with New York State law, the jurisdiction
of the Zoning Board of Appeals shall be appellate only and shall be
limited to hearing and deciding appeals from and reviewing any order,
requirement, decision, interpretation, or determination made by the
administrative official(s) charged with the administration or enforcement
of any local law. Such appeal may be taken by any person aggrieved.
D.
Categories of Appeals.
(1)
Interpretations and Review of Decisions by the Zoning Administrator(s)
or Enforcement Official. The Zoning Board of Appeals is vested with
the power to hear and decide appeals from and review decisions by
the administrative official(s) responsible for the enforcement of
this chapter. The Zoning Board of Appeals is authorized to affirm
or reverse, wholly or partly, or to modify the decisions appealed
to it.
(2)
Zoning Variances. There are two types of zoning variances:
(a)
Area Variance. An area variance is the authorization by the
Zoning Board of Appeals for the use of land in a manner that is not
allowed by the dimensional or physical requirements of the applicable
zoning regulations.
(b)
Use Variance. A use variance is the authorization by the Zoning
Board of Appeals for the use of land for a purpose that is otherwise
not allowed or is prohibited by the applicable zoning regulations.
E.
Procedures.
(1)
Application. An application for Interpretation and Review of Decision, Area Variance, or Use Variance must be submitted in the form required and filed with the Planning and Economic Development Zoning Administrator. One original, nine printed copies, and one digital PDF copy must be provided, accompanied by the appropriate fees, as set forth in Village Code Chapter 175 (Fees). Once it is determined that the application is complete, the Planning and Economic Development Zoning Administrator must forward the application to the Zoning Board of Appeals.
(2)
Public Hearing. Within 62 days of the determination of completeness, the Zoning Board of Appeals must hold a public hearing on the proposed zoning variance. Notice of the public hearing is required in accordance with § 345-808.
(3)
Compliance with the New York State Environmental Quality Review Act (SEQRA). The Zoning Board of Appeals shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of the New York Codes, Rules and Regulations.
(4)
Notice to Westchester County Planning Board. At least five days
before such hearing, the Zoning Board of Appeals shall mail notices
thereof to the Westchester County Planning Board, as required by § 239
of the New York State General Municipal Law and § 277.61
of the Westchester County Administrative Code. Depending on the type
of action, the referral may contain the full application, while others
only require notification to the county.
(5)
Determination by Zoning Board of Appeals. Within 62 days of
the closing of the public hearing, the Zoning Board of Appeals must
approve, approve with modifications, or disapprove the application.
This sixty-two-day period may be extended only by mutual consent of
the applicant and the Zoning Board of Appeals.
F.
Decisionmaking by the Zoning Board of Appeals; Variances.
(1)
Interpretations and Review of Decisions by the Zoning Administrator(s)
or Enforcement Official. The Zoning Board of Appeals may reverse or
affirm, wholly or partly, or may modify the order, requirement, decision,
interpretation or determination appealed from and shall make such
order, requirement, decision, interpretation or determination as in
its opinion ought to have been made in the matter by the administrative
official charged with the enforcement of such local law and to that
end shall have all the powers of the administrative official from
whose order, requirement, decision, interpretation or determination
the appeal is taken.
(2)
Zoning Variances.
(a)
Use Variance.
[1]
No use variance may be granted by the Zoning Board
of Appeals without making written findings of fact showing that applicable
zoning regulations and restrictions have caused the applicant unnecessary
hardship. In order to prove such unnecessary hardship, the applicant
must demonstrate to the Zoning Board of Appeals that for each and
every allowed use under the zoning regulations for the particular
zone where the property is located:
[a]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
[b]
The alleged hardship relating to the property in
question is unique and does not apply to a substantial portion of
the zone or neighborhood;
[c]
The requested use variance, if granted, will not
alter the essential character of the neighborhood; and
[d]
The alleged hardship has not been self-created.
[2]
The Zoning Board of Appeals, in the granting of
use variances, may grant only the minimum variance deemed 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 public health, safety, and welfare.
(b)
Area Variance.
[1]
In making its determination on a request for an
area Variance, the Zoning Board of Appeals must make written findings
of fact that take into account the benefit to the applicant if the
variance is granted as weighed against the detriment to the public
health, safety, and welfare by the approval of the variance. In making
this determination the Zoning Board of Appeals must also consider:
[a]
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.
[b]
Whether the benefit sought by the applicant can
be achieved by some method feasible for the applicant to pursue, other
than an area variance.
[c]
Whether the requested area variance is substantial.
[d]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or zone.
[e]
Whether the alleged difficulty was self-created,
which consideration must be relevant to the decision of the Zoning
Board of Appeals, but does not necessarily preclude the granting of
the variance.
[2]
The Zoning Board of Appeals, in the granting of
area variances, may only grant the minimum variance that it deems
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.
G.
Imposition of Conditions. In granting an Interpretation and Review
of Decision, Area Variance, or Use Variance, the Zoning Board of Appeals
may impose reasonable conditions and restrictions as are directly
related to and incidental to the proposed Use of the property.
H.
Rehearing. Upon receipt from an aggrieved party of a petition for
a rehearing of a matter on which the Zoning Board of Appeals has already
once made a decision, a motion for the Zoning Board of Appeals to
hold a rehearing to review such an order, decision, or determination,
not previously reheard, may be made by any member of the Zoning Board
of Appeals. Rehearings may only take place as follows: a unanimous
vote of all members of the Zoning Board of Appeals then present is
required for such rehearing to occur. A rehearing is subject to the
same notice provisions as an original hearing. Upon a rehearing, the
Zoning Board of Appeals may reverse, modify, or annul its original
order, decision, or determination only upon the unanimous vote of
all members then present, provided that the Zoning Board of Appeals
finds that the rights vested in persons acting in good faith in reliance
upon the reheard order, decision, or determination will not be prejudiced
thereby. The petition for rehearing shall include the same initial
fees of the original matter.
A.
General. The Board of Trustees may from time to time, on its own
motion, on recommendation of the Planning Commission, on recommendation
by the Zoning Board of Appeals, or on petition from an applicant,
amend, supplement or repeal provisions of this chapter (hereinafter
referred to as "Zoning Text Amendment"), including the Zoning Map
(hereinafter referred to as "Zoning Map Change").
B.
Zoning Text Amendment.
(1)
Authorization. Under New York State Village Law, the Board of
Trustees is authorized to review requests for Zoning Text Amendments.
However, taking action on such request is entirely discretionary.
(2)
Description. A Zoning Text Amendment allows for amendment of
the regulations imposed by this chapter in response to changed conditions
or changes in Village policy.
(4)
Procedure.
(a)
Request/Petition Submittal.
[1]
A Zoning Text Amendment initiated by a property owner's petition must be filed with the Village Clerk. The petition shall be accompanied by the application fee, as set forth in Village Code Chapter 175 (Fees). Any petition for Zoning Text Amendment must include the following information:
[2]
A Zoning Text Amendment initiated by recommendation
of the Planning Commission or Zoning Board of Appeals shall be provided
on letterhead and filed with the Village Clerk. No application fee
is required.
[3]
A Zoning Text Amendment initiated by motion of
the Board of Trustees shall require no submittal or application fee.
(b)
Completeness. Upon receipt of a Zoning Text Amendment request
or petition, the Village Clerk shall forward the submitted materials
to the Planning and Economic Development Zoning Administrator for
a review for completeness, including if the appropriate fees were
provided. Once the request or petition is deemed complete, the Planning
and Economic Development Zoning Administrator shall, in writing, provide
a statement of completeness to the Village Clerk. The Village Clerk
shall then forward the request/petition to the Board of Trustees for
consideration at the next available Board of Trustees meeting.
(c)
Acceptance, Public Hearing, and Referrals.
[1]
Acceptance. Upon receipt of a complete request
or petition for Zoning Text Amendment, the Board of Trustees, at its
discretion, may accept the request/petition.
[2]
Public Hearing. Upon acceptance, the Board of Trustees, by resolution adopted at such meeting, shall fix the time and place of a public hearing on the proposed Zoning Text Amendment. Notice of the public hearing is required in accordance with § 345-808.
[3]
Referral. Upon acceptance, whether by petition
by an applicant, recommendation of the Zoning Board of Appeals, or
by motion of the Board of Trustees, such Zoning Text Amendment shall
be referred to the Planning Commission and the Westchester County
Planning Board, per § 345-808G(1), for review and report
before a public hearing is held thereon. Any proposed Zoning Text
Amendment recommended by the Planning Commission need not be referred
to the Planning Commission.
[4]
Board of Trustees Decision. Upon holding of a public
hearing and subsequently closing the public hearing, the Board of
Trustees, at its discretion, may approve, approve with modifications,
or disapprove the request for Zoning Text Amendment. The Board of
Trustees also has the discretion to not provide a decision on the
request for Zoning Text Amendment. The Board of Trustees shall reserve
decision on any Zoning Text Amendment until the Westchester County
Planning Board and Planning Commission, if applicable, have provided
their reports. If the Westchester County Planning Board or Planning
Commission do not provide a report within 30 days of receipt, the
Board of Trustees may proceed with a decision.
(5)
Approval Standards. A Zoning Text Amendment is a matter of legislative
discretion that is not controlled by any one of the following standards,
but rather on a balancing of these standards. The Board of Trustees
shall consider the following criteria:
(a)
The proposed Zoning Text Amendment is consistent with the spirit
and intent of this chapter and the Village of Port Chester Comprehensive
Plan.
(b)
The proposed Zoning Text Amendment corrects an error or omission,
adds clarification to existing requirements, or reflects a change
in policy.
(c)
The proposed Zoning Text Amendment does not create an undue
number of nonconformities.
(d)
The proposed Zoning Text Amendment promotes the public health,
safety, and welfare of the Village.
C.
Zoning Map Change.
(1)
Authorization. Under New York State Village Law, the Board of
Trustees is authorized to review requests for Zoning Map Changes.
However, taking action on such request is entirely discretionary.
(2)
Description. A Zoning Map Change allows for amendment of the
Zoning Map in response to changed conditions or changes in Village
policy.
(4)
Procedure.
(a)
Request/Petition Submittal.
[1]
A Zoning Map Change initiated by a property owner's petition must be filed with the Village Clerk. The petition shall be accompanied by the application fee, as set forth in Village Code Chapter 175 (Fees). Any petition for Zoning Map Change must include the following information:
[a]
A map accurately drawn to an appropriate scale,
showing the proposed zoning district boundary changes, property lines,
tax lot identification, the calculated areas affected in acres or
square feet, the Thoroughfare rights-of-way in the immediate vicinity
and the lands and names of owners adjacent to (and extending within
100 feet of) all boundaries of the property to be rezoned.
[b]
A Full Environmental Assessment Form (FEAF), Part
1 and any supporting documentation, as required for compliance with
SEQRA.
[2]
A Zoning Map Change initiated by recommendation
of the Planning Commission or Zoning Board of Appeals shall be provided
on letterhead and filed with the Village Clerk. No application fee
is required.
[3]
A Zoning Map Change initiated by motion of the
Board of Trustees shall require no submittal or application fee.
(b)
Completeness. Upon receipt of a Zoning Map Change request or
petition, the Village Clerk shall forward the submitted materials
to the Planning and Economic Development Zoning Administrator for
a review for completeness, including if the appropriate fees were
provided. Once the request or petition is deemed complete, the Planning
and Economic Development Zoning Administrator shall, in writing, provide
a statement of completeness to the Village Clerk. The Village Clerk
shall then forward the request/petition to the Board of Trustees for
consideration at the next available Board of Trustees meeting.
(c)
Acceptance, Public Hearing, and Referrals.
[1]
Acceptance. Upon receipt of a complete request
or petition for Zoning Map Change, the Board of Trustees, at its discretion,
may accept the request/petition.
[2]
Public Hearing. Upon acceptance, the Board of Trustees, by resolution adopted at such meeting, shall fix the time and place of a public hearing on the proposed Zoning Map Change. Notice of the public hearing is required in accordance with § 345-808.
[3]
Referral. Upon acceptance, whether by petition
by an applicant, recommendation of the Zoning Board of Appeals, or
by motion of the Board of Trustees, such Zoning Map Change shall be
referred to the Planning Commission and the Westchester County Planning
Board, per § 345-808G(1), for review and report before a
public hearing is held thereon. Any proposed Zoning Map Change recommended
by the Planning Commission need not be referred to the Planning Commission.
[4]
Board of Trustees Decision. Upon holding of a public
hearing and subsequently closing the public hearing, the Board of
Trustees, at its discretion, may approve, approve with modifications,
or disapprove the request for Zoning Map Change. The Board of Trustees
also has the discretion to not provide a decision on such request.
The Board of Trustees shall reserve decision on any Zoning Map Change
until the Westchester County Planning Board and Planning Commission,
if applicable, have provided their reports. If the Westchester County
Planning Board or Planning Commission do not provide a report within
30 days of receipt, the Board of Trustees may proceed with a decision.
(5)
Approval Standards. A Zoning Map Change is a matter of legislative
discretion that is not controlled by any one of the following standards,
but rather on a balancing of these standards. The Board of Trustees
shall consider the following criteria:
(a)
The proposed Zoning Map Change is consistent with the spirit
and intent of this chapter and the Village of Port Chester Comprehensive
Plan.
(b)
The proposed Zoning Map Change is compatible with the existing
form, pattern, use, and zoning of nearby properties.
(c)
The proposed Zoning Map Change corrects an error or omission,
adds clarification to the existing Zoning Map, or reflects a change
in policy.
(d)
The proposed Zoning Map Change is consistent with the trend
of development, if any, in the general area of the property in question.
(e)
The proposed Zoning Map Change promotes the public health, safety,
and welfare of the Village.
A.
Intent and Purpose. As required by New York State Village Law, for
certain types of development review applications published public
notice in a local newspaper is required. In order to provide enhanced
notice to property owners, neighbors, and the community at-large regarding
development review applications within the Village of Port Chester,
enhanced public notice requirements have been established.
B.
Summary of Notice Required. Public notice shall be required for applications
that require a public hearing. Required public notices are summarized
in Table 345.808, Public Notice Requirements. Public meetings shall
not require any public notice.
[Amended 12-21-2020 by L.L. No. 3-2021]
|
Table 345.808
Public Notice Requirements
| |||
|---|---|---|---|
|
Application Type
|
Published Notice
|
Mailed Notice
|
Posted Notice
|
|
Building and Lot Plan
| |||
|
Site Plan
|
•
|
•
|
•
|
|
Development Parcel Plan
|
•
|
•
|
•
|
|
Special Exception Use
|
•
|
•
|
•
|
|
Subdivision
|
•
|
•
|
•
|
|
Eligible Facilities Requests
| |||
|
Wireless Telecommunications Facilities1
|
See § 345-405W
|
See § 345-405W
|
See § 345-405W
|
|
Zoning Text Amendment
|
•
|
•
| |
|
Zoning Map Change
|
•
|
•
|
•
|
|
Appeal of Decision, Zoning Variance, Interpretation
|
•
|
•
|
•
|
|
Sign Permit
| |||
|
NOTE:
| |||
|
1For wireless telecommunications facilities, additional noticing requirements are provided for in § 345-405W, Wireless Telecommunications Facilities.
| |||
C.
Published Notice.
(1)
The applicant is responsible for published notice. If the request
is from the Board of Trustees, the Village Clerk is responsible for
published notice.
(2)
When published notice is required, it must be published at least
10 days prior to the date of the public hearing in the Village's official
newspaper.
(3)
The published notice must be in both English and Spanish and
include, at a minimum:
(a)
A description of the application type and brief summary of the
approval sought.
(b)
The current zoning district of the subject property, if applicable.
(c)
A legal description or street address of the subject property,
if applicable.
(d)
The time, date, and location of the public hearing.
(e)
The website address or QR Code of the Department of Planning
and Economic Development's Development Review website.
(f)
The Department of Planning and Economic Development's phone
number and email address to contact the Village for information.
(g)
A statement that interested parties may appear at the public
hearing.
(4)
An Affidavit of Publication shall be provided to the Planning
and Economic Development Zoning Administrator at least five days prior
to any proceedings of the Decisionmaking Authority.
D.
Mailed Notice.
(1)
The applicant is responsible for mailed notice. If the request
is from the Board of Trustees, the Village Clerk is responsible for
mailed notice.
(2)
When mailed notice is required, it must be certified mailed
at least 10 days prior to the public hearing.
(3)
Mailed notice must be sent by mail to the property owner of the subject property, as well as all property owners within 200 feet of the property line of the subject property. For applications for a Zoning Text Amendment and Zoning Map Change, such mailed notice must be sent to all property owners within 500 feet of the property line of the subject property. Applications for Wireless Telecommunications Facilities shall follow the noticing requirements provided for in § 345-405W, Wireless Telecommunications Facilities.
[Amended 12-21-2020 by L.L. No. 3-2021]
(4)
The mailed notice must be in both English and Spanish and include,
at a minimum:
(a)
A description of the application type and brief summary of the
approval sought.
(b)
The current zoning district of the subject property, if applicable.
(c)
A legal description or street address of the subject property,
if applicable.
(d)
The time, date, and location of the public hearing.
(e)
The website address or QR Code of the Department of Planning
and Economic Development's Development Review website.
(f)
The Department of Planning and Economic Development's phone
number and email address to contact the Village for information.
(g)
A statement that interested parties may appear at the public
hearing or meeting.
(5)
An Affidavit of Mailing shall be provided to the Planning and
Economic Development Zoning Administrator at least five days prior
to any proceedings of the Decisionmaking Authority.
(6)
For those certified mailings that are returned, such returns
shall be provided to the Department of Planning and Economic Development.
(7)
The failure of any individual neighboring property owner to
receive mailed 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.
E.
Posted Notice.
(1)
The applicant is responsible for posted notice. If the request
is from the Board of Trustees, the Village Clerk is responsible for
posted notice.
(2)
When posted notice is required, the applicant shall post one
sign per 300 linear feet of frontage on each street upon which the
subject property fronts, at least 10 days prior to the public hearing
and any continued public hearing thereafter.
(3)
When an application involves multiple properties, signs must
be placed in all locations determined by the Planning and Economic
Development Zoning Administrator.
(4)
The posted notice sign must be in English and Spanish. The Department
of Planning and Economic Development shall establish policies and
procedures with regards to such signs.
[Amended 12-21-2020 by L.L. No. 3-2021]
(5)
An Affidavit of Posting with photographic documentation of the
posted notice signs shall be provided and must be signed by the person
posting the signs, notarized, and returned to the Department of Planning
and Economic Development immediately after posting the notice, a minimum
of 24 hours prior to the public hearing.
[Amended 12-21-2020 by L.L. No. 3-2021]
(6)
The applicant must maintain the public notice sign in good condition
throughout the posting period. Public notice signs defaced or damaged
prior should be, but are not required to be replaced by the applicant
within a reasonable amount of time before the public hearing.
[Amended 12-21-2020 by L.L. No. 3-2021]
(7)
Public notice signs must be removed within five days of the
closing of the public hearing. Signs not removed within such time
period shall constitute a violation under this chapter.
[Amended 12-21-2020 by L.L. No. 3-2021]
F.
Notice Defects. Minor defects in 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.
G.
Additional Notification.
(1)
Westchester County Notification. If the proposed application
affects the interest of Westchester County, as required by § 239
of the New York State General Municipal Law and § 277.61
of the Westchester County Administrative Code, the applicant or Village
Clerk shall mail a copy of the published notice of the public hearing
and a copy of the proposed application with supporting material describing
the substance of the application to the Westchester County Planning
Board at least 10 days prior the public hearing and at least 30 days
prior to any Village action.
(2)
Adjoining Municipalities. If the land involved in any application
lies within 500 feet of the boundary of any other municipality, the
applicant or Village Clerk shall mail a copy of the published notice
of the public hearing, along with supporting material describing the
substance of the application, to the municipal Clerk of such adjoining
municipality at least 10 days prior to the public hearing.
H.
Modification to Public Notice Requirements. The Board of Trustees,
Planning Commission, or Zoning Board of Appeals may modify or waive
the public notice requirements, as described herein, unless otherwise
required by county or state law.
A.
Sign Permit Required. No Sign other than an Exempt Sign may exist or be erected, installed, altered, modified, or restored in the Village unless it is the subject of a valid Sign Permit issued by the Building Inspector in accordance with this § 345-809.
B.
Applications. Sign Permit applications shall be made to the Building
Inspector.
C.
Application Requirements. Each application for a Sign Permit shall be accompanied by a fully dimensioned Sign Plan that reflects that such Sign, the method and means of its installation, its type, and its location on the applicable Building or Lot, is in compliance with all applicable standards and requirements of this chapter, together with such other information as may be necessary to determine and provide for the enforcement of § 345-701.
[Amended 12-21-2020 by L.L. No. 3-2021]
D.
Discretionary Review by Planning and Economic Development Zoning
Administrator; Certificate of Compliance.
[Amended 12-21-2020 by L.L. No. 3-2021]
(1)
Upon receipt of an application for a Sign Permit, the Building
Inspector may at his or her discretion forward to the Planning and
Economic Development Zoning Administrator a copy thereof and copies
of all accompanying materials, including without limitation the Sign
Plan.
(2)
If forwarded by the Building Inspector, the Planning and Economic Development Zoning Administrator shall review such application, Sign Plan, and other materials to determine whether the proposed Sign complies with § 345-701.
(3)
If forwarded by the Building Inspector and if the Planning and Economic Development Zoning Administrator determines that the application, Sign Plan, and other materials, comply with § 345-701, he or she shall issue a Certificate of Compliance, certifying compliance with § 345-701, and shall forward a copy of the same to the Building Inspector.
E.
Issuance of Sign Permit. A Sign Permit shall be issued by the Building
Inspector if and only if:
[Amended 12-21-2020 by L.L. No. 3-2021]
(2)
The Building Inspector determines that the application, proposed
Sign, and the Sign Plan and other materials accompanying the application
conform to the applicable requirements of the Building Code and all
applicable electrical codes; and
(3)
If requested by the Building Inspector per § 345-809D, the Building Inspector has received a copy of the Planning and Economic Development Zoning Administrator's Certificate of Compliance, certifying compliance with § 345-701. Otherwise, the Building Inspector determines that the application, proposed Sign, and the Sign Plan and other materials accompanying the application conform to § 345-701.
F.
Location of Signs within a Site Plan or Development Parcel Plan Application.
(1)
An applicant may choose to include the location of a Sign within
its Site Plan application or Development Parcel Plan. The applicant
is still required to file a Sign Permit application with the Building
Inspector after any Site Plan or Development Parcel Plan approval.
(2)
The Planning Commission reserves the right to approve or disapprove
the location of a Sign, if it so chooses.
A.
Maintenance of Required Improvements. Upon any approval, an applicant
shall be required to complete and maintain all Improvements required
pursuant to this chapter consistent with the approval. All conditions
and requirements imposed pursuant to the approval process shall be
complied with for the life of the Improvements. All Improvements shall
be maintained in a fully functional state in good repair and/or healthy
condition.
B.
Performance Bonding.
(1)
As an alternative, an applicant may file with the Village Engineer
a performance bond or other suitable security ("bond") to cover the
full cost of required Improvements in an amount set by the Village
Engineer.
(2)
After receiving approval of the bond from the Village Engineer,
the applicant must file the bond with the Village Clerk.
(3)
The bond shall be conditioned upon the property owner's or developer's
completing the required public improvements enumerated on the approved
Site Plan in a manner satisfactory to the Village and with said improvements
functioning properly for a period of one year from their completion.
If such public facility improvements are not so completed or do not
so function, the bond shall be forfeited, and the Village shall be
entitled to the full amount and shall use the amount necessary to
complete the work not done. If any amount of money remains after the
Village has completed said work, such excess money shall be returned
to the surety or person putting up the required bond. Approval by
the Village Engineer, on notice to the Decisionmaking Authority, must
be obtained before any bonds or excess money are returned.
(4)
The bonds to be deposited as herein provided may consist of
bonds of the kinds and nature authorized in § 106 of the
General Municipal Law.
(5)
For the SD-PRD District, refer to Table 345.405.A-10 (District
Standards: Planned Residential Special District).
C.
Maintenance Bonding/Declaration.
(1)
Upon any approval that involves the installation of a new drainage
detention or retention system, an applicant shall be required to sign
and notarize a Stormwater Management Practices Maintenance Declaration
stating that the property owner is responsible for the installation,
maintenance and repair of the stormwater management practices, drainage
easements, and any associated landscaping identified in the approval.
(2)
Per § 345-405R(2)(b), a maintenance bond lasting one
year must be provided for all plantings required in Districts CD-4,
CD-5, CD-5W, CD-6, CD-6T, and Civic Districts.
[Amended 1-19-2021 by L.L. No. 5-2021]
D.
Prior Approvals. Any approval issued under prior zoning laws shall
be maintained consistent with such approval. All conditions and requirements
imposed pursuant to prior approval process shall be complied with
for the life of the Improvements. All Improvements shall be maintained
in a fully functional state, manicured and in good repair and/or healthy
condition.
A.
Conditions of Compliance. No board, agency, officer or employee of
the Village may issue, grant or approve any application, Plan, permit,
license, certificate, or other authorization under this chapter unless
all applicable requirements of this chapter have been complied with
and unless the construction, reconstruction, Alteration, modification,
enlargement, or moving of any Development, Improvement, or Structure,
or for any Use of any land, or Structure, would be in full compliance
with the provisions of this chapter.
B.
Effect of Mistaken Action Taken or Action Taken in Violation of Chapter.
If any application, plan, approval, permit, license, certificate,
or other authorization was issued, granted, or approved mistakenly
or in violation of the provisions of this chapter, such application,
plan, approval, permit, license, certificate, or other authorization
shall be null and void and of no effect, without the necessity of
any proceedings or revocation or nullification thereof. Any work undertaken
or Use established pursuant to any such approval, permit, license,
certificate, or authorization shall be unlawful, and no action shall
be taken by any board, agency, officer or employee of the Village
purporting to validate any such violation. In such instance, a new
development review application shall be necessary, pursuant to this
chapter.
C.
Revocation of Approval. If any of the Department Zoning Administrators
determines that an approval was issued in error because of incorrect,
incomplete or inaccurate information or fraud and the relevant deficiencies
are not corrected to the satisfaction of the Code Enforcement Zoning
Administrator within such period of time as stated in the "Notice
of Violation and Order to Abate," such approval shall be revoked.
A.
Accountability. Any owner, lessee, contractor, agent or other person
in possession and control who uses, erects, enlarges, alters, moves
or maintains any Building, Structure, land, premises, or any part
thereof except in conformity with the provisions of this chapter or
of any conditions or requirements imposed thereunder or in compliance
with a condition imposed by the Planning Commission, Zoning Board
of Appeals, or other responsible official or who otherwise violates
any provision of this chapter shall be subject to the enforcement
and penalties imposed and contained in this section.
B.
Inspection. In order to determine compliance with this chapter, the
Code Enforcement Zoning Administrator is authorized, to the extent
permitted by law, to enter, inspect, and examine any Building, Structure,
place, land, premises, or Use in the Village of Port Chester.
C.
Notice of Violation and Order to Abate.
(1)
Written Notice of Violation. Upon finding any construction,
Improvements, or Uses to be in violation of this chapter, the Code
Enforcement Zoning Administrator shall transmit a written Notice of
Violation and Order to Abate by posting same on the subject property
and by personal service or registered or certified mail, to the responsible
party(ies).
(2)
Content of Notice. The Notice of Violation shall be a written,
succinct statement, signed and dated by the Code Enforcement Zoning
Administrator, in form and content containing the following:
(a)
The street address and Tax Parcel Identification Number;
(b)
The condition or activity that violates this chapter;
(c)
The provision(s) of this chapter which is/are violated by the
specified condition or activity;
(d)
A period of 30 days for achieving compliance unless a shorter
period is determined by Code Enforcement Personnel;
(e)
A directive that compliance be achieved within the specified
period of time to the satisfaction of the Code Enforcement Zoning
Administrator; and
(f)
A failure to comply with the directive within the said time
shall subject the recipient to enforcement as provided in this section.
(3)
Compliance Period. The Code Enforcement Zoning Administrator
is authorized to grant an additional 30 days to comply with a Notice
of Violation and Order to Abate on a showing of just cause.
D.
Abatement of Violations. The Code Enforcement Zoning Administrator
may undertake actions including, but not limited to, the issuance
of a stop-work or cease-and-desist order, instituting an appropriate
legal action or proceeding to prevent, restrain, correct, or abate
any violation of this chapter, to prevent the occupancy of premises,
or to prevent any activity, business, or Use in violation of this
chapter or any conditions or requirements imposed under it or in violation
or without complying with a condition imposed by the Zoning Board
of Appeals, Planning Commission, or other responsible official.
E.
Penalties.
(1)
Each and every day a violation of this chapter exists shall
constitute a separate and distinct offense.
(2)
Persons found guilty of a first offense shall be subject to
a fine not exceeding $700 for each violation and/or imprisonment up
to 15 days, and each such violation shall constitute a violation.
(3)
Persons found guilty of a second offense, both of which were
committed within a period of 10 years, shall be subject to a fine
of not less than $700 nor more than $1,400 and/or imprisonment up
to one year, and each such violation shall constitute a misdemeanor.
(4)
Upon conviction of a third or subsequent offense, all of which
were committed within a period of 10 years, violators shall be subject
to a fine not less than $1,400 nor more than $2,000 and/or imprisonment
up to one year, and each such violation shall constitute a misdemeanor.
(5)
In addition to those penalties prescribed above, any person
who violates any provision of this chapter shall be liable to a civil
penalty in a minimum amount of $250 not to exceed $1,000. Each day
of such violation shall constitute a separate and distinct offense.
The civil penalty provided by this subsection shall be recoverable
in an action instituted in the name of the Village of Port Chester.
F.
Court Action. An action or proceeding may be instituted in the name
of the Village of Port Chester, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct or abate any violation of, or
to enforce, any provision of this chapter or condition imposed by
the Zoning Board of Appeals, Planning Commission, or other responsible
official. In particular, but not by way of limitation, where the construction
or use of a building or structure is in violation of any provision
of this chapter, an action or proceeding may be commenced in the name
of the Village of Port Chester in a court having the requisite jurisdiction
so as to secure an order directing the removal of the building or
structure or an abatement of the condition in violation of such provisions.
G.
Other Remedies. In addition to other remedies provided by law, any
appropriate action or proceeding, whether by legal process or otherwise,
may be instituted or taken to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, moving, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of such building, structure or lot or to prevent any illegal
act, conduct, business or use in or about such premises.
H.
Remedies Not Exclusive. The election of any one of the enforcement
actions provided hereinabove shall not be exclusive.
A.
Purpose. From time to time, the Board of Trustees, Planning Commission,
Zoning Board of Appeals, and Village staff require the specialized
expertise of professional consultants, such as engineering, planning
or legal, to assist in making reasoned and informed decisions in compliance
with law. Such expertise necessarily requires an expense, which the
Board of Trustees finds should not be assumed by the Village and its
general taxpayers. Therefore, it is the purpose of this section to
require reimbursement to the Village for the actual expenses of professional
consultants at any stage in the development process, to include, but
not be limited to preapplication, site plan, subdivision, and zoning
applications, through an escrow account established by the Village
for such purpose. This expense shall be in addition to any fee required
by other law, regulation or resolution of the Village.
B.
Professional Consultant Review Fees.
(1)
Escrow Agent. The Village Treasurer or his/her designee shall act as the escrow agent for the purposes of this § 345-814.
(2)
Expense. The expense of such professional consultants shall
be in accord with fees consistent with that charged for such services
in the metropolitan New York region and pursuant to a contractual
agreement between the Village and such consultant. All such charges
shall be paid by the Village upon submission of a Village voucher.
(3)
Reimbursement. The Village shall be reimbursed for the actual cost of such services, in accordance with the procedures described in § 345-814A.
(4)
Evidence of Payment. Evidence of payment of all professional
consultant review fees shall be provided by the Village Treasurer,
acting in the capacity as escrow agent, who shall, upon request of
the applicant, Decisionmaking Authority, or Village staff, provide
a statement of account.
(5)
Payment as Condition to Issuance/Action. Full payment of such
fees shall be a condition of final action by a Decisionmaking Authority,
as the case may be.
C.
Escrow Accounts.
(1)
Preapplication. For the review of Development concepts and proposals,
an escrow fee shall be required. Upon submittal of a Project Proposal
Form ("PPF") to the Department of Planning and Economic Development,
and prior to any preapplication or other review thereof, a minimum
escrow fee of $2,500 shall be provided by a prospective applicant
in order to initiate the review process.
(2)
Formal Application. At the time of submission of a formal application
for the following types of applications, the applicant shall tender
an amount as set herein to allow the Village to establish an escrow
account. No application shall be deemed complete until such time as
said tender is made.
|
Table 345.814
Application Escrows
| |
|---|---|
|
Type of Application
|
Minimum Amount
|
|
Building and Lot Plan
|
$1,000
|
|
Site Plan
|
$10,000
|
|
Development Parcel Plan
|
$10,000 (unless with a site plan)
|
|
Special Exception Use
|
$5,000 (unless with a site plan)
|
|
Subdivision
| |
|
2 lots
|
$1,000
|
|
3 lots or more
|
$10,000
|
|
Eligible Facilities Requests
|
$0
|
|
Area Variance or Interpretation by the Zoning Board of Appeals
|
$0
|
|
Use Variance
|
$10,000
|
|
Zoning Text Amendment or Zoning Map Change
|
$10,000
|
(3)
Adjustment of Amounts. These amounts may be adjusted at the
time of application in the discretion of the Director of Planning
and Economic Development, depending on the complexity of the application,
the number of Village approvals that may be concurrently required,
or other relevant factors.
(4)
Estimate of Costs. Before an escrow account is established,
the prospective applicant or applicant shall be provided with a written
estimate of the costs anticipated to be incurred in such professional
review.
(5)
Replenishment of Escrow. When the balance in such escrow account
is reduced to 1/2 of its initial amount, the applicant shall be notified
in writing by the Village and shall deposit additional funds into
such account as required. If the escrow account is not replenished
within 30 days after the applicant is notified in writing of the requirement
of an additional deposit, the further review of the application may
be suspended. In addition, the Decisionmaking Authority shall not
be required to comply with the time periods, if any, by applicable
law, if the applicant fails to replenish the account as aforesaid.
Any such time periods shall begin to accrue again upon receipt of
the required payment.
(6)
Refund of Any Excess Escrow. After all pertinent charges have
been paid, and upon final approval or denial by the Decisionmaking
Authority (or determination not to proceed or withdrawal of an application),
the Village shall refund to the applicant any funds remaining on deposit,
less any fees incurred for the establishment and maintenance of the
escrow account.
D.
New York State Environmental Quality Review Act (SEQRA). If the Decisionmaking Authority is the Lead Agency in the environmental review of an application in accordance with the State Environmental Quality Review Act (SEQRA), it shall impose those fees authorized by Part 617 of Title 6 of the New York Codes, Rules and Regulations (the implementing regulations pertaining to Article 8 of the Environmental Conservation Law) in connection with the environmental review of an application in place of the fees noted in Table 345.814 (Application Escrows).
