Village of Pleasantville, NY Article X Administration and Enforcement

§ 185-50 Site plan review.

A. Authority of Planning Commission.

(1) Pursuant to Village Law § 7-725-a, the Planning Commission is authorized to review and approve, approve with modifications or disapprove site plans and may adopt such rules and regulations as it deems necessary, consistent with the provisions of Article 7 of the Village Law, to exercise the powers granted herein.

(2) There shall be a fee for each site plan submitted, as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time. The applicant shall also pay all fees in connection with a professional consultant's review in accordance with Chapter 91, Fees, Article III, Professional Consultant Fees, of the Village Code.

B. When required. In all districts, site development plan (referred to hereinafter as "site plan") approval by the Planning Commission shall be required for:

(1) The erection or enlargement of all buildings, other than one-, two- and three-family residences, in all districts.

(2) All uses of vacant land.

(3) Any change in use or intensity of use that will affect the characteristics of the site in terms of traffic, access, parking, loading, circulation, hours of operation, drainage, utilities, lighting, security or other Village services.

C. Amendments. In all cases where any amendment of any such plan is proposed, the applicant shall also secure the approval of the amendment by the Planning Commission.

D. Approval required before building permit or certificate of occupancy may be issued. No building permit may be issued for any building within the purview of this section until an approved site plan or amendment of any such plan has been secured by the applicant and presented to the Building Inspector. No certificate of occupancy may be issued for any building or use of land within the purview of this section unless the building is constructed or used or the land is developed or used in conformity with an approved site plan or an amendment of any such plan. The Building Inspector shall certify whether or not each original or amended site plan submitted to him or her meets all applicable requirements of this chapter.

E. Factors to be considered; conditions and safeguards. In considering and reviewing site plans, the Planning Commission shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the proposed development and of the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:

(1) That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.

(2) That adequate off-street parking and loading spaces are provided to prevent parking in public streets and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services.

(3) That all playground, parking and service areas are reasonably landscaped and screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is such as to enhance the character of the Village and is in character with that generally prevailing in the neighborhood.

(4) That all existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible and that all other important natural features are properly protected.

(5) That all plazas and other paved areas intended for use by pedestrians shall use decorative pavements and shall use plant materials so as to prevent the creation of vast expanses of pavement.

(6) That all outdoor lighting is of such nature and so arranged as to preclude the diffusion of glare onto adjoining properties and streets.

(7) That the site plan is in conformance with such portions of the Comprehensive Plan of the Village of Pleasantville that may be in existence.

(8) That the drainage system, including proposals, will afford the best solution to any drainage problems.

(9) That site elements of noteworthy historical, architectural or cultural value, such as stone walls, outstanding trees, structures that serve as visible reminders of the heritage of the community or similar distinctive features, are preserved, protected and enhanced.

F. Procedure.

(1) Presubmission conference. Prior to the submission of a formal site plan, a presubmission conference may, upon request of either the applicant or the Building Inspector, be held wherein the applicant shall meet in person with the Planning Commission or its designated representative to discuss the proposed site plan so that the necessary subsequent steps may be undertaken with a clear understanding of the Commission's requirements in matters relating to the development of the site and to the requirements for subsequent submissions.

(2) Submission of application for site plan approval. Within six months following the presubmission conference, if held, 10 copies of the site plan and any related information shall be submitted to the Secretary of the Planning Commission at least 15 days prior to the Planning Commission meeting at which the site plan or an amendment to it is to be presented. If not submitted within this six-month period, another presubmission conference may be required.

(3) Certification by Building Inspector. The Building Inspector shall certify on each site plan or amendment whether or not the plan meets the requirements of all zoning law provisions other than those of this section regarding site plan review.

(4) Hearing and decision. The Planning Commission shall fix a time within 62 days from the date an application for site plan approval is complete for a hearing on any matter referred to under this section, if it deems a public hearing is appropriate and give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof, and notice of the public hearing shall also be mailed to the applicant at least 10 days prior to the hearing, and the Planning Commission shall decide the same within 62 days after such hearing has been closed or after the application is filed, if no hearing has been held. This 62-day period may be extended by mutual consent of the applicant and the Planning Commission. Failure to act within the specified time periods shall not result in the approval of the application by default. The decision of the Planning Commission shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant. Nothing herein shall preclude the holding of a public hearing on any such matter on which a public hearing is not so required.

(5) Referral to Westchester County Planning Board. Prior to taking action on the application for site plan approval, the Planning Commission shall refer any matter involving any of the areas specified in § 239-m of the General Municipal Law to the Westchester County Planning Board, pursuant to the provisions of such section.

(6) Compliance with SEQRA. Prior to taking action on the application for site plan approval, the Planning Commission shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.

(7) Existing violations. Except where an application is submitted for the purpose of curing existing violations or will result in the curing of existing violations, no action shall be taken on an application for site plan approval for a property where there is an existing violation of this chapter.

(8) Appeal. An appeal from the decision of the Planning Commission may be taken in accordance with Subdivision 11 of § 7-725-a of the Village Law.

(9) Amendments. Review of amendments to an approved site plan shall be acted upon in the same manner as the review of the original site plan.

(10) Performance bond. Following approval of the site plan by the Planning Commission, the developer shall file with the Village Clerk a performance bond or irrevocable letter of credit as determined by the Planning Commission to cover the full cost of any required public improvements and roadways, water and sewer facilities, drainage and erosion controls and soil stabilization improvements not intended to be dedicated, in an amount set by the Planning Commission. Such bond shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety. A period of one year or such other period as the Planning Commission may determine appropriate, not to exceed three years, within which required public improvements must be completed, shall be set forth in the bond or irrevocable letter of credit. If the bond or irrevocable letter of credit is not filed within 45 days of the approval granted in Subsection F(4) hereof, the site plan shall be deemed disapproved unless the applicant requests and is granted an extension by the Planning Commission.

(11) Time limit on approval. Approval of a site plan by the Planning Commission shall be valid for a period of 120 days from the date thereof for the purpose of obtaining a building permit. If substantial construction is commenced within the 120-day period, such approval shall be valid for a period of one year from the date of approval. Upon application, the Planning Commission may extend the period of approval to not more than two years from the date of original approval.

(12) Site plan and map. The applicant shall cause a site plan map to be prepared by an architect, landscape architect, civil engineer, surveyor, land planner or other competent person at a scale sufficient in size to permit an adequate review. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or use as indicated by the Planning Commission in the presubmission conference. This information, in total, shall constitute the site plan.

(a) Legal data:

[1] The name and address of the owner of record.

[2] The name and address of person, firm or organization preparing the map.

[3] The date, North point and written and graphic scale.

[4] Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.

[5] The locations and the owners of all adjoining lands as shown on the latest tax records.

[6] The locations, the names and the existing widths of adjacent streets and curblines.

[7] Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjacent to the property.

[8] A complete outline of existing deed restrictions or covenants applying to the property.

[9] Existing zoning.

(b) Natural features:

[1] Existing contours with intervals of five feet or less, or as otherwise determined acceptable by the Planning Commission, based upon a datum satisfactory to the Commission.

[2] Approximate boundaries of any areas subject to flooding or stormwater overflows.

[3] Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more measured three feet above the base of the trunk, and any other significant existing natural features.

(c) Existing structures and utilities:

[1] The outlines of all structures and the location of all uses not requiring structures.

[2] The paved areas, sidewalks and vehicular access between the site and public streets.

[3] The locations, dimensions, grades and flow direction of any existing sewers, culverts and waterlines, as well as other underground and aboveground utilities within and adjacent to the property.

[4] Other existing development, including fences, landscaping and screening.

(d) Proposed development:

[1] The location of proposed buildings or structural improvements.

[2] The location and design of all uses not requiring structures, such as off-street parking, loading areas and any common space and/or recreation areas.

[3] The location, direction, power and time of use for any proposed outdoor lighting or public-address system.

[4] The location and plans for any outdoor signs.

[5] The location, arrangement and materials of proposed means of ingress and egress, including sidewalks, driveways or other paved areas. Profiles indicating grading and cross-sections showing width of roadway, the location and width of sidewalks and the location and size of water and sewer lines. Any proposed direct pedestrian connection to public parking lots or structures shall also be shown.

[6] Any proposed screening and other landscaping, including a planting plan prepared by a qualified landscape architect or architect.

[7] The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment.

[8] An outline of any proposed easements, deed restrictions or covenants.

[9] Any contemplated public improvements on or adjoining the property.

[10] Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties or the street.

[11] Elevations of all proposed principal or accessory structures.

[12] If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.

[13] Any other information deemed by the Planning Commission to be necessary to determine conformity of the site plan with the spirit and intent of this chapter.

(13) Public improvements. In the case of all required public improvements, a professional engineer or licensed architect is required to submit plans. Installation of such public improvements shall be under the direct supervision of a registered architect or licensed engineer.

G. Parkland or parkland fees with multifamily site plan approval.

(1) Legislative intent. Pursuant to the authority duly vested in it and upon a finding that a proper case exists in accordance with the provisions of § 7-725-a of the Village Law, it is the intention of the Village Board of Trustees to require the provision of parkland and recreation land in conjunction with development of multifamily dwellings. The Village of Pleasantville finds that multifamily housing places an added burden on the Village in providing adequate park and recreation areas to serve the needs of multifamily housing residents. In the event that it is not practical for a particular development to provide park and recreation areas, it is in the best interest of the Village and its residents to require funds to be paid to the Village exclusively for neighborhood parks, playgrounds or recreational purposes, including the acquisition of property. Such funds shall be intended to benefit primarily, but not exclusively, the residents of the development subject to the fee.

(2) Recreation areas. Consistent with the requirements of Subsection G(1) hereof and except as provided in Subsection G(3) hereof, each multifamily development shall include a park and/or recreation area ("recreation area") which is planned, designed and maintained for the exclusive use of the residents of such development and their nonpaying guests. The recreation area for a multifamily development shall constitute not less than 10% of the total site area, of which at least 75 square feet of lot area per dwelling unit or not less than 50 square feet per bedroom, whichever is greater, shall be improved with the recreational facilities as determined necessary by the Planning Commission. The plan for the recreational area shall be subject to Planning Commission approval as to location, design and adequacy, taking into consideration the size of the development, the anticipated occupancy of the units and the anticipated recreational needs of the population to reside therein.

(3) Fee in lieu of setting aside recreation area. Where the Planning Commission determines that a proper case exists for requiring parkland to be shown on the site plan but that a suitable recreation area of adequate size for park and recreation purposes and improved with adequate recreational facilities cannot be properly located in any such development or is otherwise not practical, the Commission may require, as a condition of approval of any site plan, a payment to the Village of a fee as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time, or any part thereof in proportion to the amount of required land and/or facilities not provided, which shall constitute a trust fund to be used by the Village exclusively for neighborhood park, playground and recreation purposes, including acquisition of property.

(4) Exemptions.

(a) Property owners whose land is part of a previously approved subdivision consisting of the same number of lots from which parkland or a fee in lieu thereof has been provided pursuant to the Village of Pleasantville Land Subdivision Regulations[1] shall be exempt from the provisions of Subsection G herein.

[1] Editor's Note: See Ch. 159, Subdivision of Land.

(b) Where a tract of land approved for development under Subsection G(3) herein, for which a fee in lieu of parkland has been received, is subsequently processed as a subdivision, credit against any fee normally arising from the subdivision shall be given for any fee already paid under Subsection G(3) herein. A development shall be exempt from further fees to the extent of the number of lots or bedrooms for which fees in lieu of parkland have already been paid, and payment of further fees shall be required only for the number of lots or bedrooms which exceed those previously approved.

(c) Accessory apartments shall be excluded from the application of this subsection.

(5) Waivers. The Village Board of Trustees, in its discretion, after public hearing, may waive the payment of the recreation fee otherwise due under Subsection G(3) herein upon finding that such waiver is necessary and appropriate to establish eligibility of entitlement to federal, state or county governmental grants in connection with, or to otherwise facilitate, a proposed residential development of property meeting the special needs of Village or school district employees, Village volunteer service workers, senior citizens or others for lower-cost housing.

H. Approval of plats. Plats showing lots, blocks or sites which are subject to review under § 7-728 of the Village Law shall continue to be subject to such review and shall not be subject to review under this section.

I. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 153 of this Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 153 of this Code. The approved site plan shall be consistent with the provisions of this Code.

[Added 1-14-2008 by L.L. No. 2-2008]

§ 185-51 Building permits.

A. Required. No building or structure in any zoning district shall be erected, placed on a lot or structurally altered without a building permit duly issued upon application to the Building Inspector, as provided in the New York State Uniform Fire Prevention and Building Code.

B. Forms. Every application for a building permit should be made on forms provided by the Building Inspector and shall be accompanied by a fee as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.

C. Special permits and site plans. No building permit shall be issued for a building to be used for any use in any zoning district where such use is allowed by a special permit unless and until the issuance of such special permit has been duly authorized as hereinafter provided. In instances where approval by the Planning Commission of a site development plan is required, a building permit shall be issued only for a building conforming to the approved site development plan.

§ 185-52 Certificates of occupancy.

A. Required. A certificate of occupancy shall be applied for and issued by the Building Inspector, as provided in the New York State Uniform Fire Prevention and Building Code.

B. Special permits, site plans and variances.

(1) No certificate of occupancy shall be issued for any use of a building or of land allowed by special permit as specified in this chapter, unless and until the issuance of such special permit has been duly authorized.

(2) Every certificate of occupancy for which a special permit has been issued or in connection with which a variance has been granted shall contain a detailed statement of such special permit or variance and of any conditions to which the same is subject.

(3) No certificate of occupancy shall be issued for any use of a building or of land allowed by site development plan approval as specified in this chapter, unless and until a site development plan has been duly approved.

§ 185-53 Duties of Building Inspector.

A. It shall be the duty of the duly appointed Building Inspector to enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto.

B. The Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent to each such complaint, which records shall be public records.

§ 185-54 Board of Appeals.

A. Establishment; membership. There shall be a Board of Appeals of five members, pursuant to the provisions of the Village Law.

B. Power and duties generally. The Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Board of Appeals that is conferred by law.

C. Interpretation of law in deciding upon appeals. Upon appeal by an applicant for a building permit from a decision by the Building Inspector, the Board of Appeals shall 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.

D. Authority of Board of Appeals. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of this chapter and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.

E. Use variances.

(1) The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.

(2) No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that, for each and every permitted use under the zoning regulations for the particular district where the property is located:

(a) The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

(b) The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;

(c) The requested use variance, if granted, will not alter the essential character of the neighborhood; and

(d) The alleged hardship has not been self-created.

(3) The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem 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.

F. Area variances.

(1) The Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances, as defined herein.

(2) In making its determination, the Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:

(a) 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.

(b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.

(c) Whether the requested area variance is substantial.

(d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

(e) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.

(3) The Board of Appeals, in the granting of area variances, 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.

G. Variances when site plan, special permit use or subdivision applications are involved. Where a proposed site plan contains one or more features that do not comply with the zoning regulations, or where a proposed special permit use contains one or more features that do not comply with the zoning regulations, or where a proposed subdivision plat contains one or more lots that do not comply with the zoning regulations, application may be made to the Board of Appeals for an area variance or variances without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter, but application may not be made to the Board of Appeals for such variance or variances until the Planning Commission either has conditionally approved the site plan, special permit use, or subdivision plat or has referred the applicant in writing to the Board of Appeals for the application.

[Amended 7-8-2002 by L.L. No. 9-2002]

H. Conditions and safeguards. The Board of Appeals, in the granting of both use variances and area variances, may prescribe such reasonable conditions or restrictions applying to the grant of a variance as it may deem necessary in each specific case, in order to minimize the adverse effects of such variance upon the character and property values of the neighborhood or community and to protect the public health, safety and welfare. Such conditions or restrictions shall be directly related to the proposed use of the property. Such conditions or restrictions shall be incorporated in the building permit and certificate of occupancy. Failure to comply with such conditions or restrictions shall constitute a violation of this chapter and may constitute the basis for denial or revocation of a building permit, certificate of conformance or certificate of occupancy and for all other applicable remedies.

I. The Board of Appeals shall have such other powers and duties as the Village Board shall from time to time determine.

J. The Chair may designate an Acting Chair to conduct proceedings in the event that the Chair is absent or otherwise unable to preside. If the Chair fails to make such designation, the member of the Board of Appeals with the longest service shall serve as Acting Chair.

K. Alternate members. The Mayor may appoint, subject to the approval of the Board of Trustees, not more than two alternate members of the Zoning Board of Appeals to serve for a term of five years each and substitute for a member of the Zoning Board of Appeals in the event such member is unable to participate because of a conflict of interest. The Chairperson of the Zoning Board of Appeals may designate the alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the Zoning Board of Appeals. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Zoning Board of Appeals. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. All provisions of Village Law § 7-712 relating to Zoning Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.

[Added 7-28-2003 by L.L. No. 5-2003]

§ 185-55 Rules of procedure of Board of Appeals.

A. The powers and duties of the Board of Appeals shall be exercised in accordance with its own rules of conduct and procedure, which rules shall be consistent with and pursuant to the applicable provisions of Article 7 of the Village Law and the Westchester County Administrative Code.

B. Appeal. An appeal shall be taken within 60 days of filing the order or decision appealed from in the Village Clerk's office, by filing with the official or agency from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the ground thereof. The official or agency from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from is taken. A referral to the Board of Appeals for a variance, or a request for an interpretation, may be made at any time. All such appeals and applications to the Board of Appeals shall be made by the owner or agent duly authorized, in writing, and shall be on forms prescribed by the Board of Appeals and shall be accompanied by a fee as set forth in the Master Fee Schedule, which may be amended from time to time. Each appeal or application shall fully set forth the circumstances of the case, shall refer to the specific provision of the chapter involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for and the grounds on which it is claimed that the same should be granted.

C. Notice of hearing. Notice of any hearing before the Board of Appeals shall be published by the Board in the official paper at least five days prior to the date of said hearing. Notice of the hearing shall also be mailed by the Board to the parties at least five days before such hearing. In addition, the Board shall give any other notice required by law. The applicant shall mail, by certified mail, at least five days before such hearing, notice of the hearing to all property owners located within 200 feet of the subject property affected by such appeal. Proof of such mailing shall be submitted to the Board in affidavit form by the applicant prior to the hearing. The applicant shall be responsible for the cost of all publication and mailing of notices.

[Amended 7-14-2003 by L.L. No. 4-2003]

D. Hearing. The Board of Appeals shall fix a reasonable time for the hearing of an appeal and shall conduct a public hearing on any application made pursuant to this chapter. At such public hearing all those present and wishing to be heard shall be given an opportunity to be heard.

E. (Reserved)[1]

[1] Editor's Note: Former Subsection E, Referral to Planning Commission, was repealed 4-8-2002 by L.L. No. 2-2002.

F. Referral to Westchester County Planning Board. Prior to the holding of a public hearing, the Board of Appeals shall refer any matter involving any of the areas specified in § 277.61 of the Westchester County Administrative Code or § 239-m of the General Municipal Law to the Westchester County Planning Board, pursuant to the provisions of such sections.

G. Referral to neighboring municipalities. Prior to the holding of a public hearing, the Board of Appeals shall refer any matter involving any of the areas specified in § 277.71 of the Westchester County Administrative Code to neighboring municipalities, pursuant to the provisions of such section.

H. Completion of work. Unless work is commenced and diligently prosecuted and substantially completed within one year of the date of the granting of a variance, such variance shall become null and void.

I. Decision. The Board of Appeals shall decide upon the appeal for relief, interpretation or determination within 62 days after the close of said hearing. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Board of Appeals and shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of the Board of Appeals shall be filed by case number, together with all documents pertaining thereto in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.

J. Compliance with SEQRA. Prior to taking action on an application for variance approval, the Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.

K. Rehearing. A motion for the Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such hearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested by persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.

L. All the provisions of this chapter relating to the Board of Appeals shall be strictly construed; the Board of Appeals as a body of limited jurisdiction shall act in full conformity with all limitations contained herein, provided that if the procedural requirements set forth in this chapter have been substantially observed, no applicant or appellant shall be deprived of the right of application or appeal.

§ 185-56 Special permits.

[Amended 6-10-2002 by L.L. No. 8-2002; 7-8-2019 by L.L. No. 3-2019]

A. Planning Commission authorization to approve. Pursuant to § 7-725-b of the Village Law, the Planning Commission is authorized to approve the establishment of special uses specified in this chapter, and a building permit shall not be issued until the Planning Commission has granted such approval. The Planning Commission may adopt such rules and regulations as it deems necessary, consistent with Article 7 of the Village Law, to exercise the powers granted herein. Among such rules and regulations, the Planning Commission may require the submission of a site plan depicting some or all of the items of information identified in § 185-50F(12) of this chapter based upon consideration of the particular special use proposed.

B. Procedure and conditions; application for special permit. Application for required special permits shall be made to the Planning Commission. A public hearing shall be conducted within 62 days of the date a complete application under this section is received, unless otherwise set forth in this chapter. Public notice of the hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date of the public hearing. The Planning Commission shall decide upon the application within 62 days after the close of the public hearing. This sixty-day period may be extended by mutual consent of the applicant and the Planning Commission. Failure to act within the specified time periods shall not result in approval of the application by default. The decision of the Planning Commission on the application after the holding of the public hearing shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.

C. Referral to Westchester County Planning Board. Prior to taking action on the application for special permit approval, the Planning Commission shall refer any matter involving any of the areas specified in § 239-m of the General Municipal Law to the Westchester County Planning Board, pursuant to the provisions of such section.

D. Referral to neighboring municipalities. Prior to the holding of a public hearing, the Planning Commission shall refer any matter involving any of the areas specified in § 277.71 of the Westchester County Administrative Code to neighboring municipalities, pursuant to the provisions of such section.

E. Compliance with SEQRA. Prior to taking action on the application for special permit plan approval, the Planning Commission shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.

F. Conditions and safeguards. The Planning Commission shall attach such conditions and safeguards to an approved use as are, in its opinion, necessary to ensure initial and continual conformance to all applicable standards and requirements and to ensure the accomplishment of the following objectives:

(1) All proposed structures, equipment and material shall be readily accessible for fire and police protection.

(2) The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties, in accordance with the zoning classification of such properties.

(3) The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the district or conflict with the normal traffic of the neighborhood.

(4) The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of screening and landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

(5) The site plan for such use shall be designed to ensure the accomplishment of the objectives set forth in § 185-50E of this chapter.

(6) In case of review of the nonconforming use of open land under § 185-46D(1) of this chapter, the Planning Commission's power shall be limited to the imposition of such reasonable conditions, such as but not limited to the placing of fencing and screening in such places as will minimize the impact such open use has upon surrounding residential properties. In such cases, the Planning Commission may also permit reasonable changes in existing structures on the land, within the limitations of the zoning district in which said use is located, for the purpose of reducing the open use of the land.

G. Renewal. The Planning Commission may require that special permits be periodically renewed. Such renewal shall be granted following due public notice and hearing and may be withheld only upon a determination by the Planning Commission that such conditions, as may have been prescribed by the Planning Commission in conjunction with the issuance of the original permit, have not been or are being no longer complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.

H. Fee. There shall be a fee for a special permit as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.

I. Existing violations. No permit shall be issued for a special use for a property where there is an existing violation of this chapter.

§ 185-57 Board of Architectural Review.

[Amended 11-22-1999 by L.L. No. 12-1999; 9-29-2020 by L.L. No. 3-2020]

A. Findings and purpose. The Village Board of Trustees hereby finds that poor quality of materials and/or inappropriateness of design in the exterior appearance of buildings or signs erected in any neighborhood adversely affects the desirability of the immediate area and neighboring areas and by so doing impairs the benefits of occupancy of existing property to such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, produces degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof and creates an adverse relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this section to prevent these and other harmful effects of such exterior appearance of buildings erected in any neighborhood and thus to promote and protect the health, safety, comfort and general welfare of the community, conserve the value of buildings and encourage the most appropriate use of land within the Village.

B. Creation and organization. The Planning Commission is hereby designated as the Board of Architectural Review. All members of the Planning Commission shall also be members of the Board of Architectural Review who shall serve without compensation and shall be residents of the Village. All new members of the Board shall be specifically qualified by reason of training or experience in art, architecture, community planning, land development, real estate, landscape architecture or other relevant business or profession to judge the effects of a proposed building upon the desirability, property values and development of surrounding areas, and at least one member of such Board shall be a registered architect of the State of New York. The terms of office for the Planning Commission and the Board of Architectural Review shall run concurrently. All appointees to the Planning Commission shall be deemed to be concurrently and simultaneously appointed to the Board of Architectural Review. The Village Board of Trustees shall have the power to remove any member for cause after public hearing pursuant to § 45-3 of the Village Code. Vacancies shall be filled for the unexpired term of any member whose position has become vacant pursuant to § 45-2 of the Village Code.

C. Procedures and powers.

(1) The Building Inspector shall act as Secretary to the Board, and it shall be his or her duty to refer to such Board of Architectural Review plans for any building for which a permit is sought and which, in his or her opinion, requires such referral in conformity with the purposes set forth in Subsection A herein, but not for detached single- and two-family residential structures, except those that are developed as part of a subdivision approved after the effective date of this provision. All applications to the Planning Commission shall be deemed to be simultaneously referred to the Board of Architectural Review, and the approval of the Planning Commission shall be deemed to be an approval of the Board of Architectural Review. Meetings of the Board of Architectural Review shall be held no less than monthly and/or at such times as the Chairman of the Planning Commission may determine for the purpose of acting on any application for building permits referred to them, as hereinafter required. A majority of the Board of Architectural Review shall constitute a quorum for the transaction of business. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. The Board of Architectural Review shall have power from time to time to adopt, amend and repeal rules and regulations, not inconsistent with law or the provisions of this section, governing its procedure and the transaction of its business and for the purpose of carrying into effect the outlined standards.

(2) The Building Inspector shall promptly refer to the Board every application for a building permit within the purview of this section, together with all drawings and material samples necessary or required to clearly indicate the design intent. Such Board may disapprove any building permit referred to it, provided that such disapproval shall be by the vote of at least three members of the Board, and provided that such Board finds the structure or building for which the permit was applied would, if erected or altered, be detrimental to the desirability, property values or development of the surrounding areas due to:

(a) The repeated and adjacent use of identical or near-identical facades or structures arranged without respect to natural features of terrain or other existing structures; or

(b) Inappropriateness of a structure or land development in relation to any other structure or land development existing or for which a permit has been issued within 500 feet of the subject premises or to any other structure or land development included in the same application in respect to one or more of the following features:

[1] Cubic contents.

[2] Gross floor area.

[3] Height of building or height of roof.

(c) Other significant design features, such as material or quality of architectural design, roof structures, chimneys, exposed mechanical equipment and service and storage enclosures, signs, landscaping, retaining walls, fences and lighting posts and standards, provided that a finding of inappropriateness shall state not only that such inappropriateness exists but, further, that it is of such a nature as to be expected to provoke, by a preponderance of the evidence, one or more of the harmful effects set forth herein and that the finding is not based on personal preference as to taste or architectural style.

D. Appeals and enforcement.

(1) The Building Inspector shall deny any building permit application disapproved by the Board of Architectural Review. He or she may approve any application conditionally approved by the Board as soon as the conditions specified in such conditional approval have been fulfilled. If the Board shall have approved any building permit application, then the Building Inspector shall thereafter issue the building permit, provided that all other requirements have been met.

(2) Whenever the Board of Architectural Review shall deny approval of a submission or approve with such conditions as the proponent feels are unacceptable, the proponent and/or his or her architect shall have the right to appeal to and be heard before the Village Board of Trustees.

(3) Whenever the Board of Architectural Review shall approve a submission, either wholly or with conditions, any interested person or group of persons shall, within 30 days after the filing of said decision in the office of the Village Clerk, have the right to appeal to and be heard before the Village Board of Trustees. The Village Board of Trustees may, on appeal, affirm, affirm with conditions, reverse or remand to the Board of Architectural Review with instructions.

(4) The Village Board of Trustees shall hear and decide any appeal within 30 days after the notice of appeal, in writing, is filed with the Village Clerk. Thereafter, any aggrieved party may, within 30 days after the filing of said decision in the office of the Village Clerk, appeal from the decision of the Village Board of Trustees to the Supreme Court, Westchester County.

E. Fees. All referrals made by the Building Inspector pursuant to this section shall be accompanied by a fee as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.