Village of Amityville, NY
Suffolk County
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Table of Contents
Table of Contents
[Adopted 12-14-2009 by L.L. No. 15-2009[1]]
[1]
Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State.

§ 24-1 Continuation of Planning Board; alternate member.

A. 
The Planning Board, consisting of five members heretofore established by the Board of Trustees, is continued and shall have the powers and duties set forth in this Code and the Village Law.
B. 
The Mayor, subject to the approval of the Board of Trustees, shall appoint from time to time one alternate member for a term of one year to serve when a member is absent or unable to participate because of a conflict of interest. The Chairperson of the Planning Board shall designate the alternate member to substitute for said member, and such alternate shall have all the powers and responsibilities of a member of the Planning Board while so designated.

§ 24-2 Authority to make rules.

The Planning Board shall make rules as to the manner of filing applications for matters requiring the approval or review of the Planning Board.

§ 24-3 Notice of hearing.

Upon the filing with the Planning Board of an application requiring the approval of said Board as set forth in § 24-6, a time and place for a public hearing thereon shall be fixed with notice as follows:
A. 
By publishing a notice thereof once a week for two weeks in at least one of the official newspapers.
B. 
By posting a notice thereof in a conspicuous place at the Village Hall on or before the date of first publication.
C. 
By requiring the applicant to mail a notice thereof to every association of residents of the Village that shall have registered its name and address for the purpose with the Zoning Board of Appeals or the Planning Board and to the owners of all property within 200 feet of the subject premises at least 10 days prior to the date of the public hearing by certified mail, and proof of such mailing must be submitted to the Clerk of the Board at least two days before said hearing.
[Amended 3-8-2010 by L.L. No. 2-2010]
D. 
By requiring the applicant to erect a white-with-red-lettering sign or signs measuring not less than 30 inches high and 40 inches wide which shall be prominently displayed 10 feet from the street on the premises facing each public street on which the property abuts, giving notice that an application for Planning Board approval is pending and the date, time and place where the public hearing will be held. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing. The applicant shall file an affidavit that he has complied with the provisions of this section. Notwithstanding the foregoing, an application for architectural review shall require a mailing only to the owners adjacent to the subject premises, including any owners separated from said premises by a public or private street.

§ 24-4 Contents of notice.

The notice required by § 24-3 shall be prepared by the Planning Board or its designee, and state the location of the building or lot and the general nature of the approval requested.

§ 24-5 Application fee.

A. 
Upon the filing of any application with the Planning Board, there shall be paid to the Clerk of the Board for the account of the Village, with each such application to the Board, such fee as shall be established by the Board of Trustees by resolution.
B. 
An application for approval of a subdivision, in addition to the basic application fee, shall require an additional fee for each lot to be created by the proposed subdivision, which fee may vary from one zoning district to another.
C. 
An application involving the construction of a multiple dwelling, a mixed-use dwelling, a professional mixed-use dwelling, a cooperative apartment or condominium complex, in addition to the basic application fee, shall require an additional fee for each unit included in the proposed plan.
D. 
The fees otherwise established by the Board of Trustees for applications to the Planning Board shall be doubled for every application filed after the construction or the use which is the subject of said application has been commenced.
E. 
Any applicant who withdraws an application after submission shall be charged an administrative fee of $50 plus the actual cost of the publication of any required legal notice, which shall be deducted from the application fee prior to a refund thereof.

§ 24-6 Powers.

A. 
The Planning Board shall have the following powers:
(1) 
Approval.
(a) 
Approval of every subdivision.
(b) 
Approval of all site development plans, including modifications or alterations thereto.
(c) 
Approval of the construction of all artificial waterways.
(d) 
Approval of environmental impact statements as lead agency in conformity with the requirements of the New York State Environmental Quality Review Act.
(e) 
Approval of the construction of all multiple dwellings including landscaping, drainage and utility areas.
(f) 
Approval of the construction of all professional mixed-use dwellings, the conversion of any structure into a professional mixed-use dwelling and the conversion of any units in any such dwelling from office use to dwelling use or from dwelling use to office use.
(g) 
Architectural review and approval of all exterior construction requiring a building permit in a B-1 Retail Business District, B-2 General Business District and B-3 Marine Business District and the H Historical District.
(h) 
Architectural review and approval of all new construction and any exterior reconstruction involving an existing structure where the area to be altered or reconstructed is at least 25% of the area of said existing structure in the A, BB, B and C Residence Districts.
(i) 
Approval of drainage, paving, landscaping and seeding in the Industrial District.
(j) 
Approval of a variation of a sign in any zoning district from the requirements of the Code as to height, area, design, color, type and number of signs.
(2) 
Such other powers as shall specifically be given to the Planning Board by this Code.
B. 
The power to approve, as granted herein, shall also include the power to impose reasonable stipulations upon the applicant, and to modify and approve or disapprove such application in furtherance of the police power as set forth in § 24-7. It shall also include the power to rescind an approval previously granted for violation of any stipulation imposed in connection therewith. Such rescission shall only take place by majority vote of the Board at a public hearing after written notice of at least 10 days to the applicant or his successor in interest and a determination that one or more stipulations have been violated, and as a result the public health, safety or welfare has been adversely affected.

§ 24-7 Considerations in making determination.

A. 
On all applications to the Planning Board, the Board shall consider the following factors in making its determination: The approval given, or the recommendation made, is in harmony with the general purpose and intent of the Code and in accordance with the comprehensive plan set forth in the Code to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewage treatment, parks and other public requirements, to ensure the orderly development of land consistent with the usage and architecture of structures in the surrounding area, to conserve the value of buildings and land and to encourage the most appropriate use of land throughout the Village.
B. 
On all applications for architectural review, the Planning Board shall consider the skyplane relationship between building setback and the height of the building or structure, as set forth in the skyplane diagram marked as Exhibit A at the end of Chapter 4 of this Code.
[Amended 3-8-2010 by L.L. No. 2-2010]

§ 24-8 Recreation fee.

A. 
There shall be paid to the Village a sum to be determined by the Board of Trustees by duly adopted resolution for each lot created by the approval of each subdivision application or for each residential unit included in a decision granted by the Planning Board on an application for site plan approval involving the construction of a multiple dwelling, a mixed-use dwelling, a professional mixed-use dwelling, a cooperative apartment or condominium complex. The payment of said recreation fee shall be a condition to such approval. The fees collected pursuant to this section shall constitute a trust fund to be used by the Board of Trustees exclusively for neighborhood park, playground or recreation purposes, including the acquisition of land, which will serve to primarily, although not exclusively, benefit the residents of such dwellings.
B. 
This section is adopted to conform to the provisions of § 7-730 of the New York State Village Law relevant hereto; however, this section is also adopted with the clear intent of superseding § 7-725-a of said New York State Village Law in accordance with the provisions of the New York State Municipal Home Rule Law, insofar as this law authorizes the Planning Board to collect a recreation fee in matters involving site plan review.
[Amended 1-24-2011 by L.L. No. 1-2011]
C. 
Any property that has had previous Planning Board approval which resulted in the payment of a recreation fee or the setting aside of parkland, on a per-lot or per-unit basis, shall thereafter be exempt from future assessments of land or money for recreation purposes to the extent that any future applications do not result in a greater number of total lots and units than have previously been so approved and assessed.

§ 24-9 Expiration of approval or grant; extension of time.

A. 
Every approval or application granted by the Planning Board or by a court of competent jurisdiction pursuant to the provisions of this chapter which involves a project for which a building permit is required shall be and become null, void and of no further force or effect unless said permit is issued within 180 days after the decision of the Planning Board has been filed with the Village Clerk or a final court decision has been entered.
B. 
Every applicant shall be entitled to one extension of time for an additional period of 90 days, provided that a written request is made and granted by a majority of the Planning Board and a fee is paid therefor; said fee to be established by the Board of Trustees by resolution.
C. 
In cases covered by this section and pursuant to § 49-4, such building permit shall expire within one year after its issuance, unless extended by the Code Enforcement Officer for one six-month period for good cause shown. No further extension shall be given; the applicant's sole recourse shall then be to submit a new application to the Board.
D. 
Any approval or grant by the Planning Board or by a court of competent jurisdiction pursuant to the provisions of this chapter which requires no building permit shall be and become null, void and of no further force or effect unless the use approved is commenced within 180 days after the decision of the Planning Board has been filed with the Village Clerk or a final court decision has been entered. One extension shall be granted for an additional ninety-day period, provided that a written request is made and granted by a majority vote of the Planning Board and a fee is paid therefor; said fee to be established by the Village Board of Trustees by resolution. No further extension shall be given; the applicant's sole recourse shall then be to submit a new application to the Planning Board.

§ 24-10 Limit on number of applications.

No parcel or part thereof may be the subject of an application for Planning Board approval within one year after the Planning Board has held a public hearing on an application for approval, unless such application shall be substantially different from the previous application, except upon a motion adopted by a majority of the members of the Planning Board.