A.
The Planning Board of the Town of Pleasant Valley as heretofore established
by the Town Board pursuant to § 271 of the Town Law of the
State of New York is hereby maintained with seven members. The present
Chairperson and members shall continue to hold office to the end of
the period for which they were appointed, and their successors shall
be appointed by the Town Board for terms equal in years to the number
of members of the Planning Board. The Town Board shall appoint two
alternate members to the Planning Board for terms of two years. A
person who is a member of the Town Board shall not be eligible for
appointment to the Planning Board. However, no person shall be disqualified
from serving as a member of the Planning Board by reason of serving
as a member of a village or county planning board.
B.
If a vacancy shall occur otherwise than by expiration of term, the
Town Board shall appoint a new member for the unexpired term.
C.
The Town Board shall have the power to remove, after a public hearing,
any member of the Planning Board for cause.
D.
Meetings of the Planning Board shall be held at the call of the Chairperson
and at such other times as such Board may determine. Such Chairperson,
or in his or her absence the Acting Chairperson, may administer oaths
and compel the attendance of witnesses.
E.
The Planning Board shall have the power and authority to employ experts,
clerks and a secretary, and to pay for their services, and to provide
for such other expenses as may be necessary for the Planning Board
to carry out its duties, not exceeding the appropriation made for
such purposes.
F.
The Planning Board may recommend to the Town Board regulations relating
to any subject matter over which the Planning Board has jurisdiction
pursuant to § 271 of the Town Law, or any other statute
or under any local law or ordinance of the Town. Adoption of any such
recommendations by the Town Board shall be by local law or ordinance.
G.
The Planning Board shall submit a report to the Town Board on any
matter or class of matters other than those in § 271, Subdivision
13, referred to the Planning Board by the Town Board for review and
recommendation, before final action is taken by the Town Board or
other office or officer of the Town having final authority over said
matter. The Town Board may stipulate that final action shall not be
taken until the Planning Board has submitted its report thereon, or
has had a reasonable time to submit the report. Such a time period
shall be fixed by the Town Board in the resolution to submit the report.
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.
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.
A.
Creation, appointment and organization. A Zoning Board of Appeals
shall be maintained in accordance with Article 16, § 267,
of the Town Law. This chapter shall be administered by a Zoning Board
of Appeals consisting of seven members appointed by the Town Board.
The Town Board shall designate the Chair and fix the terms of office
of the members. The Town Board shall appoint a Secretary and shall
prescribe rules for the conduct of its affairs. The Town Board shall
appoint two alternate members to the Zoning Board of Appeals for terms
of two years.
B.
Powers. The Zoning Board of Appeals shall have all the powers and
duties prescribed by law and by this chapter, which are more particularly
specified as follows:
(1)
Interpretation. Upon appeal from a decision by the Zoning Administrator,
to decide any question involving the interpretation of any provision
of this chapter, including determination of the exact location of
any district boundary if there is uncertainty with respect thereto.
(2)
Special use permits. To issue special use permits when appropriate
for any of the uses for which this chapter requires the obtaining
of such permits from the Board of Appeals.
(3)
Variances. A variance is permission granted by the Zoning Board of
Appeals so that property may be used in a manner not allowed by zoning.
It is only the Zoning Board of Appeals that has the power to provide
for such exceptions from the zoning. Since zoning is meant to implement
the municipality's development objectives and protect the health,
safety and general welfare of the people, there are strict rules governing
when exceptions may be provided. In granting any variance, the Zoning
Board of Appeals shall prescribe any conditions that it deems to be
necessary or desirable.
(a)
No variance from the strict application of any provision of
this chapter shall be granted by the Zoning Board of Appeals unless
it finds:
[1]
That there are special circumstances or conditions, fully described
in the findings of the Zoning Board of Appeals, applying to such land
or buildings and not applying generally to land or buildings in the
neighborhood, and that said circumstances or conditions are such that
strict application of the provisions of this chapter would deprive
the applicant of the reasonable use of such land or buildings.
[2]
That, for reasons fully set forth in the findings of the Zoning
Board of Appeals, the granting of the variance is necessary for the
reasonable use of the land or building and that the variance as granted
by the Zoning Board of Appeals is the minimum variance that will accomplish
this purpose.
[3]
That the granting of the variance will be in harmony with the
general purpose and intent of this chapter and will not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
(b)
Any variance which is not exercised within one year from the
date of issuance or which has now been or hereafter remains unexercised
for a continuous period of one year is hereby declared to be revoked
without further hearing by the Zoning Board of Appeals.
(c)
The regulations for the two types of variances are as follows:
[1]
Use variances.
[a]
The Zoning Board of Appeals, upon appeal from the
decision or determination of the Zoning Administrator, shall have
the power to grant use variances, authorizing a use of land which
otherwise would not be allowed or would be prohibited by the terms
of this chapter.
[b]
No such use variance shall be granted by the Zoning
Board of Appeals without a showing by the applicant that the applicable
regulations and restrictions imposed by this chapter have caused unnecessary
hardship. In order to prove such unnecessary hardship, the applicant
shall demonstrate to the Zoning Board of Appeals compliance with each
of the following criteria:
[i]
That under the applicable regulations and restrictions
imposed by this chapter, the applicant is deprived of all economic
use and benefit from the property in question, which deprivation must
be established by competent financial evidence.
[ii]
That the alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the district or neighborhood.
[iii]
That the requested use variance, if granted,
will not alter the essential character of the district or neighborhood.
[iv]
That the alleged hardship has not been self-created.
[c]
The Zoning Board of Appeals, in the granting of
a use variance, shall grant the minimum variance that is deemed necessary
and adequate to address the unnecessary hardship proven by the applicant
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
[2]
Area variances.
[a]
The Zoning Board of Appeals, upon appeal from the
decision or determination of the Zoning Administrator, shall have
the power to grant area variances from the area or dimensional requirements
of this chapter as found in the Schedule of Area and Bulk Requirements.[1]
[1]
Editor's Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
[b]
In making its determination, the Zoning Board of
Appeals shall take into consideration the benefit to the applicant
if the area variance is granted, as weighed against the detriment
to the health, safety and welfare of the neighborhood or community
by such granting of variance. In making such determination, the Zoning
Board of Appeals shall also consider each of the following factors:
[i]
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.
[ii]
Whether the benefit sought by the applicant can
be achieved by some other method feasible for the applicant to pursue,
other than an area variance.
[iii]
Whether the requested area variance is substantial.
[iv]
Whether granting of the proposed area variance
will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or zoning district.
[v]
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Zoning
Board of Appeals but shall not necessarily preclude the granting of
the area variance.
[c]
The Zoning Board of Appeals, in the granting of
an area variance, shall grant the minimum variance that it shall deem
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.
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. 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.
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.
