Village of North Hills, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of North Hills 6-14-1995 (Ch. A179 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Prerequisites to applications — See Ch. 8.
Approval of plans and applications — See Ch. 63, Art. I.
Site development regulations — See Ch. 179.
Zoning — See Ch. 215.
The office of the Planning Board shall be at the Village of North Hills Village Hall. The office shall be open for business during the hours of the days of the week in which business of the Village of North Hills is normally conducted.
[Amended 1-14-2015]
The Chair and Deputy Chair of the Planning Board shall be appointed as provided by law. In the event that neither the Chair nor the Deputy Chair is available to serve, a majority of the members of the Board present at any meeting may select a member of the Board to preside at such meeting. In the event that the Board lacks a quorum for any meeting, the Chair or the other members of the Board present for such meeting may adjourn the meeting to another specified date and time.
[Amended 1-14-2015; 8-12-2015]
A. 
The Board shall meet on the second Wednesday of each month at the Village of North Hills Village Hall or such other location designated by the Chair where business so requires. The Board may also meet at such other dates, times and places as the Chair or a majority of the Board shall specify in writing. Notice of all meetings shall be given to all members of the Board. Unless otherwise determined by majority vote of the Board members and sitting alternates in attendance, no Board meeting or hearing shall be held or continued after 10:30 p.m.
B. 
The Chair shall have authority between meetings of the Board, in the sole discretion of the Chair, to grant or deny written applications from an applicant for adjournment of any scheduled matter or public hearing, and to direct a new date and time for consideration of the said matter or public hearing. In granting any such request, the Chair may exercise such discretion to include a condition that the applicant give new notice of an adjourned public hearing date.
[Added 3-16-2011]
The Clerk shall circulate draft minutes of each meeting of the Planning Board to all members of the Board, including alternates who attended such meeting. A reasonable period of time shall be provided for each member to submit proposed changes or comments to the Chair. After the passage of such reasonable period of time, the Chair may direct the Clerk to file the minutes as approved, after making any changes which the Chair deems appropriate. Copies of the final minutes shall be distributed to each member of the Planning Board and each alternate who attended the meeting, and subsequent changes or corrections in the minutes may be made by majority vote of the Board.
All meetings of the Board shall be open to the public, except where otherwise provided or permitted by law.
A. 
Applications for consideration by the Board shall be filed in the Village office with all required supporting documentation and all required fees no later than 10 business days prior to the next regular meeting of the Board. Applications shall be made on such forms as may be prescribed by the Code Enforcement Officer, except that the Board may prescribe other or different forms by resolution of the Board. With the consent of at least four members of the Board, the Board may consider matters filed after the filing deadline established in these rules.
B. 
Where a properly completed application requires a public hearing before the Board may act upon the same, such public hearing shall be held at a time and date as determined by the Chair or a majority of the members of the Board present at a meeting.
C. 
Each application filed as provided in these rules shall be numbered in accordance with the numbering system adopted by the Village of North Hills. A separate file shall be maintained for each such application, and all material submitted to the Board shall be retained therein as provided by law. No file or any part thereof may be removed from the office of the Board except upon written authority and direction of the Chair or by resolution of the Board or as required by law.
D. 
Any applicant may withdraw an application prior to determination by the Board with the permission of the Board. Any fee paid for such withdrawn application may be refunded, in whole or in part, only upon written application and upon the approval of the Board and the Board of Trustees of the Village of North Hills.
E. 
An application which has been denied, dismissed or withdrawn shall not be refiled within six months of such event unless substantial new facts are alleged and established to the satisfaction of the Board.
F. 
An applicant may modify, amend or revise an application as of right within five days of filing the same. Thereafter, the plans or documents submitted as part of an application may be modified, amended or revised only with the unanimous consent of the Board members present at the next following meeting, which permission may include a requirement that new notice of such application be given as appropriate. With the exception of items introduced by an applicant as exhibits at a public hearing, any other submission by an application shall be filed with the Village Administrator at least five business days prior to the scheduled hearing or Board meeting, unless unanimous consent to such submission is obtained from all Board members present at the hearing or meeting. It is the purpose of this rule to require all applicant submissions for Board consideration to be filed in sufficient time in advance of a meeting or hearing to permit meaningful review and consideration. Where insufficient time is provided for such review and consideration, late submissions, and in some cases timely submissions, may result in adjournment or continuation of consideration of the application. Where the Board determines that a late submission by an applicant will cause substantial prejudice to the Village or an interested party, and that continuation or adjournment of the application is not appropriate, the Board may decline to receive the proffered submission.
[Amended 8-14-2013]
G. 
With the exception of submissions made at the request of the Board, on behalf of the Board or by an applicant, all submissions should be filed with the Village Administrator no later than five business days prior to the scheduled meeting or hearing to which the submission is related. The Board may, in its discretion, consider such late submissions made after that date. It is the purpose of this rule to encourage submissions other than those made by or on behalf of the Board or an applicant to be filed in sufficient time in advance of a meeting or hearing to permit meaningful review and consideration. Where insufficient time is provided for such review and consideration, late submissions, and in some cases timely submissions, may result in adjournment or continuation of consideration of the application. Where the Board determines that a late submission will cause substantial prejudice to the Village, an applicant or interested party, and that continuation or adjournment of the application is not appropriate, the Board may decline to receive the proffered submission.
[Added 8-14-2013]
[Amended 12-11-1996; 1-14-1998; 1-14-2015]
Notice of all public hearings before the Board shall be prepared by the Village Attorney and shall be advertised as provided by law and by the rules of the Board. Except where otherwise provided by the Site Development Code or otherwise specifically required by law, such notice shall be given as follows:
A. 
By the Board. A brief description of the nature of the application, together with the name and address of the applicant and a description of the property which is the subject of the application and the location thereof, shall be published in the official newspaper of the Village of North Hills at least 10 calendar days before the date of the hearing.
B. 
By the applicant.
[Amended 7-12-2017]
(1) 
A notice of hearing, in a form prepared and provided by the Village, shall be sent at least 10 business days before the date of hearing, by first class mail and by certified mail, return receipt requested, to each owner of real property (including common area property and private roads) wholly or partly within 250 feet (inclusive of road widths) of any point of the property which is the subject of the application, said owners to be identified by the applicant from the current assessment map and roll of the Village of North Hills or such other municipality within which the property owned by such owners may be located. In addition, where the property which is the subject of an application is located within a homeowners’ association, condominium or cooperative, the applicant shall give such notice in the same manner to:
(a) 
The President of the governing body of each such homeowners’ association, condominium or cooperative; and
(b) 
The managing agent of each such association, condominium and cooperative, at the address for such President and agent on file with the Village office.
(2) 
Each application shall include a radius map satisfactory to the Building Official, showing all properties to be included in the service of notice pursuant to this Rule, with the names and addresses of the owners thereof or other persons or entities to which notices are required to be sent.
(3) 
Proof of service of such notices shall be filed with the Clerk at least five calendar days before the date of the hearing, and the return receipts or undelivered notices shall be filed with the Clerk on or before the business day prior to the date of the hearing. Any return receipts or returned notices received after the business day prior to the date of the hearing shall be delivered to the Clerk prior to the hearing, or as soon thereafter as practicable.
(4) 
Prior to the commencement of the hearing, the Clerk shall verify that a proper radius map has been filed, and that proof of notice has been filed, as required by the Village Code and the Rules of the Board.
C. 
The Board shall make available a sign-up sheet at all meetings at which one or more public hearings are scheduled, so that persons interested in speaking on a particular item may so indicate by signing up to speak. In any case where 12 or more persons sign up to speak on any matter, the Chair may limit the time for each speaker to no more than five minutes with respect to any one hearing. The failure or omission of any person to sign up to speak shall not prevent such person from speaking, but the time allocated for such person to speak may be subject to reasonable limitation by the Chair. Speakers are encouraged to remain on the subject, and not to be repetitious of comments made by previous speakers. Where appropriate circumstances to do so exist, the Chair shall have discretion to permit speakers to exceed time limits.
A motion for the Board to hold a rehearing to review any order, decision or determination of the Board not previously reheard may be made by any member of the Board, with or without the request or consent of the property owner or applicant.
A. 
Upon the adoption of a motion for a rehearing, the order, decision or determination being reheard shall be suspended, and no further approvals shall be granted in respect thereto, except where the owner or applicant or another interested person has a vested property right to such approval.
B. 
Such rehearing shall be subject to the same notice provisions as an original application, except that when such rehearing is held upon the motion of the Board without a request or consent of the owner or applicant, the Board may dispense with all or part of such notice requirements or direct such other notice as may be reasonable.
C. 
Upon such rehearing the Board may hear additional testimony with respect to the matter being reheard. Subsequent to the close of the hearing, the Board may reverse, modify or annul its original order, decision or determination upon affirmative vote by at least four members or qualified alternates of the Board then present.
D. 
Except when holding such rehearing upon the request of the property owner or applicant, or when such determination is directed by a court having jurisdiction, the Board shall not make any determination on rehearing which adversely affects any vested property rights of persons acting in good faith in reliance upon the reheard order, decision or determination.
All orders and decisions of the Board shall be made by resolution or motion approved by a majority of the whole number of members of the Board at a meeting thereof and shall be recorded in the minutes of the Board. Notice of any such order or decision shall be supplied by mail to any person who has requested the same and has provided a self-addressed envelope with sufficient postage.
Upon its own motion, the Board may reopen or reconsider any matter where the Board has reasonable cause to believe that an applicant has failed to comply with the requirements or conditions contained in a prior decision or order of the Board. Notice of such reopening shall be given by the Board to the applicant by certified mail, return receipt requested, at the applicant's address as shown on the application and by publication in the Village's official newspaper. Such notice shall include a summary of the action taken by the Board and the date and time at which the Board will consider further action on the reopened matter. In considering any reopened matter, the Board may amend or modify its prior determination or make a different determination, except that in so doing, the Board shall not affect any vested property rights of the applicant or any other person.