The Planning Board is hereby authorized and empowered to:
A. Review and make recommendations on a proposed Comprehensive Plan
for the Town of Pleasant Valley and to make recommendations on amendments
thereto, in accordance with § 271 of the Town Law and other
applicable sections.
B. Review and make a recommendation on a proposed amendment to this chapter of the Code of the Town of Pleasant Valley pursuant to Article
IX of this chapter.
C. Grant preliminary and final site plan approval pursuant to Article
VI of this chapter.
D. Grant preliminary and final plat approval pursuant to Chapter
82, Subdivision of Land.
E. Grant approval of sign applications as per §
98-46.
The Zoning Board of Appeals is an administrative body, of limited
jurisdiction and powers, designed to function as a "safety valve"
to relieve the pressure of rigid and inflexible provisions of zoning
regulations. However limited the jurisdiction of Zoning Boards of
Appeals, it is still vitally important. The Zoning Board of Appeals
serves an essential role in examining those restrictions in the individual
matters that are brought before it, with the power to vary these restrictions
if the circumstances show the need and essential legal criteria are
met.
The Zoning Board of Appeals shall act in strict accordance with
the procedure specified by law and this chapter.
A. Applications. All appeals and applications made to the Zoning Board
of Appeals shall be in writing, on forms prescribed by the Zoning
Board of Appeals, and accompanied by a fee as established by the Town
Board. Every appeal or application shall refer to the specific provision
of this chapter involved and shall exactly set forth the interpretation
that is claimed, the use for which the special permit is sought or
the details of the variance that is applied for and the grounds on
which it is claimed that the variance should be granted, as the case
may be.
B. Referral to Town Planning Board. At least 30 days before the date
of the hearing required by law on an application or appeal to the
Zoning Board of Appeals, the Secretary of said Zoning Board of Appeals
shall transmit to the Planning Board a copy of said application or
appeal, together with a copy of the notice of the aforesaid hearing,
and shall request that the Planning Board submit to the Zoning Board
of Appeals its opinion on said application or appeal, and the Planning
Board shall submit a report of such advisory opinion prior to the
date of said hearing. Upon failure to submit such report, the Planning
Board shall be deemed to have approved the application or appeal.
C. Referrals to the Dutchess County Department of Planning and Development.
The Zoning Board of Appeals shall comply with the provisions of General
Municipal Law, Article 12-B, §§ 239-l and 239-m, as
amended, by referring to the Dutchess County Department of Planning
and Development certain applications for variances and special use
permits before final action is taken.
D. Hearing. The Zoning Board of Appeals shall fix a reasonable time
for the hearing of any appeal or other matter referred to it and give
public notice thereof by the publication in the official paper of
a notice of such hearing at least five days prior to the date thereof,
and shall, at least five days before such hearing, mail notices thereof
to the parties owning adjoining lots and to the regional State Park
Commission having jurisdiction over any state park or parkway within
500 feet of the property affected by such appeal. Compliance with
this notification procedure shall be certified to by the Secretary
or other designated Town employee. The Town shall charge the applicant
either a flat rate or a stated amount per notice for satisfying this
requirement. The names and addresses of owners notified shall be taken
as such appear on the last completed tax roll of the Town. In addition,
at least 10 days prior to the initial public hearing, the owner or
applicant shall post one or more signs giving notice of the public
hearing. A sign shall be prominently displayed within 25 feet of each
property line having frontage on a road or highway, so that it is
clearly visible to the public from such road or highway. The sign(s)
shall be furnished to the applicant for this purpose by the Town.
Provided that there has been substantial compliance with this provision,
the failure to give notice in exact conformance herewith shall not
be deemed to invalidate an action taken by the Zoning Board of Appeals
in either granting or denying an appeal for a variance from a specific
provision of this chapter
[Amended 7-17-2023 by L.L. No. 4-2023]
E. Action. Every decision of the Zoning Board of Appeals on an appeal
or other application shall be made within 62 calendar days of the
close of the public hearing by the Board, shall be recorded in accordance
with standard forms adopted by the Board, and shall fully set forth
the circumstances of the case and contain a full record of the findings
on which the decision is based, including record of compliance with
the applicable provisions of SEQRA, Article 8 of the Environmental
Conservation Law, and 6 NYCRR 617. Every decision shall be by resolution
of the Board, with such decision being filed in the office of the
Town Clerk within five business days thereof, with a copy mailed to
the applicant. The Board shall also notify the Zoning Administrator,
the Building Inspector, the Secretary of the Planning Board and any
affected municipality given notice of hearing of its decision in each
case. If applicable, a report on the action taken shall also be filed
within seven calendar days thereof with the Dutchess County Department
of Planning and Development.
(1) Attachment of conditions. The Zoning Board of Appeals shall, in the
granting of both use and area variances, have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed use of the property or the period
of time such variance shall be in effect. Such conditions shall be
consistent with the spirit and intent of this chapter and shall be
imposed for the purpose of minimizing any adverse impact such variance
may have on the neighborhood or community.
(2) Strict construction. All provisions of this chapter pertaining to
the Zoning Board of Appeals shall be strictly construed. The Board,
as a body of limited jurisdiction, shall act in full conformity with
all provisions of law and of this chapter and in strict compliance
with all limitations contained therein; provided, however, that if
the procedural requirements set forth in this article have been substantially
observed, no applicant or appellant shall be deprived of the right
of application or appeal.
Unless the Zoning Administrator or the Building Inspector, the
latter as applicable in case of compliance with the provisions of
the New York State Uniform Fire Prevention and Building Code, finds
there to be an imminent threat to either life or property, an appeal
stays all proceedings by either the Town or appellant in furtherance
of the action which is the subject of the appeal.
A. Administrator appeal. In the case of an appeal for an interpretation,
if the action by the Zoning Board of Appeals is to reverse the Zoning
Administrator, the application fee shall be refunded to the appellant.
B. Planning Board appeal. In reviewing an appeal dealing with the Planning
Board, the Zoning Board of Appeals shall determine the preferred interpretation
and whether or not the action shall be initiated in light of the preferred
interpretation.
Any person or persons jointly or severally aggrieved by any
decision of the Zoning Board of Appeals may apply to the Supreme Court
of the State of New York for relief through a proceeding under Article
78 of the Civil Practice Law and Rules of the State of New York. Such
proceeding shall be governed by the specific provisions of Article
78, except that the action must be initiated as therein provided within
30 calendar days after the filing of the Board's decision in the office
of the Town Clerk.
Reimbursable costs incurred by the Zoning Board of Appeals for
private consultation fees or other extraordinary expense in connection
with the review of an application shall be charged to the applicant.
Such reimbursable costs shall be in addition to the required application
fee. Maximum amounts for such reimbursable costs by project type and
size shall be in accordance with the fee schedule established and
reviewed annually by the Town Board. Said fee schedule shall include
the requirement that an escrow account be established upon the Zoning
Board of Appeals' receipt of the application to cover the anticipated
costs of such consultant review and other expenses.