[Added 9-12-2005 by L.L. No. 1-2005; amended 3-19-2007 by L.L. No. 1-2007; 1-14-2013 by L.L. No. 1-2013]
A. 
Notwithstanding any other provision of this chapter to the contrary, the Board of Trustees, upon application or its own motion, may in its sole discretion permit a CA use to be established in a C-1, C-2, C-3, C-X or P District. Such action shall be adopted and approved by resolution following a majority vote of the Board of Trustees at an open public meeting.
[Amended 6-21-2021 by L.L. No. 3-2021]
B. 
In exercising its discretion to permit a CA use in a C-1, C-2, C-3, or C-X District, the Board of Trustees shall weigh and balance the economic, environmental, and social benefits to the Village and the surrounding neighborhood of the proposed residential CA use against any existing and/or potential economic, environmental and social detriments to the Village and surrounding neighborhood caused by the continued commercial uses permitted as a matter of right in the district.
C. 
Notwithstanding any provision of this chapter to the contrary, and in keeping with the stated purposes of the CA use to foster the economic, environmental and social development of the Village and to promote the health, safety, general welfare and ambience of the Village, all bulk, lot, height, yard, density, setback, parking, loading and other requirements shall be in the sole discretion of the Board of Trustees.
D. 
The Board of Trustees may impose any conditions that it may be deem necessary to accomplish the purposes of this article.
A. 
The Board of Appeals shall have final site development plan review and approval authority on any application to establish a CA District. The Board of Appeals may approve, approve with modifications or disapprove site development plans prepared in accordance with the specifications set forth in Article XXVII of this chapter.
B. 
This article incorporates by reference, as if fully stated herein, the provisions contained in Article XXVII, and any amendments made hereinafter.
This article incorporates by reference, as if fully stated herein, the provisions contained in Article XXXII and any amendments made hereinafter.
[Added 12-19-2022 by L.L. No. 5-2022]
A. 
The Village may hire any consultant and/or expert necessary to assist the Village or any of its Departments in reviewing and evaluating the application, including the construction of the site, once permitted, and any site inspections.
B. 
An applicant shall deposit with the Village Treasurer escrow funds sufficient to reimburse the Village for all reasonable costs of the Village's consultant in providing expert evaluation and consultation to any agency of the Village in connection with the review of any application, including any expert consultation and/or legal services deemed necessary by the Building Department, Board of Trustees, and/or the Board of Zoning Appeals. The initial deposit for an application shall be $10,000. The Village Treasurer will maintain a separate escrow account for all such funds. The Village's consultants/experts shall invoice the Village Department employing its services related to the application.
C. 
If at any time during the process this escrow account has a balance less than $2,500, the applicant shall immediately, upon notification by the Village or consultant, replenish said escrow account so that it has a balance of at least $5,000. Such additional escrow funds shall be deposited with the Village before any further action or consideration is taken on the application. In the event that the amount held in escrow by the Village is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall, upon request of the applicant, be promptly refunded to the applicant.
D. 
When notified by the Village that additional escrow is required, the applicant may request copies of invoices paid to consultants and/or experts. If the applicant finds errors in those invoices, the applicant may ask the Village to audit those specific items for reasonableness, and may request relief therefrom.
E. 
The total amount of the funds needed as set forth in Subsection B of this section may vary with the scope and complexity of the project, the completeness of the application, and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.