Fees for building permits, site plan approval,
special use permits, notices of appeal to the Board of Appeals and
other fees required under this chapter shall be fixed from time to
time by a resolution of the Board of Trustees of the Village of Hastings-on-Hudson.[1]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
In addition to any other requirements imposed
by law, including this chapter, for the giving of any notices, all
notices required to be given under any provision of this chapter shall
be given in clear, concise and ordinary language and shall contain
a description of the property at issue by sheet, lot and block and
post office address, and a clear and concise statement of the purpose
of the action or proceeding for which the notice is given.
Whenever a notice or other document is personally
served pursuant to this chapter, there shall be filed with the Village
Clerk a written statement setting forth the name of the person who
served the notice or document, the name of the person on whom service
was made and the date, time and place of the service.
Where a public hearing is required or permitted
by this chapter, nothing contained in this chapter shall preclude
the holding of additional public hearings or, to the extent permitted
by law, nonpublic hearings.
Except as otherwise provided in a judicial decision,
judgment or decree, where this chapter requires any act to be performed
within a specified time, that time shall be tolled during the pendency
of any judicial proceeding, including all appeals, brought to review
any order, requirement, decision, determination or action the validity
of which is, under this chapter, a precondition for that act.
A.
Authority to amend. This chapter, including the schedule
and Zoning Map[1] incorporated herein, may from time to time be amended,
supplemented, changed, modified or repealed by the Board of Trustees,
either on its own motion, on the recommendation of the Planning Board
or Board of Appeals or on application or petition by a property owner
or owners with respect to the property they own.
[1]
Editor's Note: The Zoning Map is on file in
the Village offices.
B.
Contents of application or petition; fee.
(1)
Any application or petition by a property owner
or owners for an amendment or other change to this chapter shall be
filed with the Village Clerk in triplicate on official Village forms
and shall contain:
(a)
The names and addresses of the applicants or
petitioners and the section, lot and block numbers and street address,
if any, of those properties under their ownership with respect to
which the amendment is sought.
(b)
A map drawn to a convenient scale showing lot
lines, building locations and the section, lot and block numbers of
all properties with respect to which the amendment is sought.
(c)
A complete description of the nature of the
amendment requested, including the section and paragraph of this chapter,
if any, sought to be changed, and of the reasons the request is made.
C.
Public hearing; referral; limitation on construction
and issuance of permits.
(1)
The Board of Trustees shall fix a reasonable time for a public hearing, at which parties in interest and citizens shall have an opportunity to be heard on any proposal to amend, supplement, change, modify or repeal this chapter, whether that proposal is upon the motion of the Board of Trustees, upon the recommendation of the Planning Board or Board of Appeals or pursuant to an application or petition by a property owner or owners. Due notice of that public hearing shall be given pursuant to Subsection D below.
(2)
Upon fixing the time of the public hearing, the Board of Trustees shall also refer the proposed amendment or other change to the Planning Board and the Board of Appeals for advisory reports, pursuant to Subsection E below.
(3)
Whenever the Board of Trustees, by resolution,
has authorized and scheduled a public hearing on a proposed amendment
or other change to this chapter, for a period of 62 days following
the date of that resolution, no building or structure shall be constructed,
reconstructed, altered, renovated, demolished, enlarged, moved or
removed, and no permit shall be issued for the construction, reconstruction,
alteration, renovation, demolition, enlargement, moving or removing
of any building or structure or for the occupancy of any land, building
or structure, that would in any manner be contrary to or in violation
of provisions of the proposed amendment or other change.
D.
Notice of hearing.
(1)
Notice of the public hearing shall state:
(a)
The time and place of the hearing.
(b)
The street address, sheet, lot and block, zoning
district and location of the property with respect to which the amendment
or other change is proposed.
(c)
A description of the nature of the proposed
amendment or other change, including the section and paragraph of
this chapter sought to be amended or changed.
(d)
Whether the proposal is on motion of the Board
of Trustees, upon recommendation of the Planning Board or Board of
Appeals or upon application or petition of property owners, and, if
the proposal is upon application or petition of property owners, their
names and addresses.
(2)
Notice of the public hearing shall be published
not less than 10 days before the hearing date at least once in a newspaper
of general circulation in the Village.
(3)
In addition, where the proposed amendment or
other change is upon application or petition of property owners, those
property owners shall also provide actual notice of the proposed amendment
or change to certain property owners, as follows:
(a)
The applicants or petitioners shall either deliver
by hand or send by certified mail (return receipt requested) or any
other method of delivery providing proof of delivery a copy of the
notice of the hearing to all persons who, according to the latest
completed assessment roll of the Village, own property within a radius
of 300 feet of the property lines of the subject property; provided,
however, that where, in the opinion of the Building Inspector, the
amendment or change may affect property located more than 300 feet
from the property lines of the subject property, the applicants or
petitioners shall thus notify all owners of property within that affected
area, as determined by the Building Inspector, but need not notify
any person owning property more than 500 feet from the property lines
of the subject property.
[Amended 2-1-2005 by L.L. No. 2-2005]
(b)
The notices shall be delivered by hand not less than 10 days, or mailed not less than 13 days, before the date of the hearing to the street address of each of the properties specified in Subsection D(3)(a), whether or not the owner resides there, to any other address indicated by the assessment roll as the address of an absentee owner and to any other address known by the applicants or petitioners to be the actual business or residence of an absentee owner.
(c)
The public hearing shall not be held unless the applicants or petitioners have filed with the Board of Trustees either the return receipts from the mailing of notices or, if the notice was delivered by hand, a written affidavit of service; provided, however, that the Board of Trustees may excuse the failure to notify any property owner pursuant to this Subsection D(3) upon proof by the applicants or petitioners of diligent efforts to comply with the requirements of this Subsection D(3) and upon a showing that reasonable grounds exist for that failure to comply, including, without limitation, difficulties in determining lot lines or the names or addresses of the property owners.
(4)
A copy of the notice of the public hearing shall
be mailed to the Westchester County Planning Board not less than 10
days before the public hearing. The County Planning Board may appear
and be heard at the hearing and may file a memorandum of its position.
(5)
A written notice of any proposed change or amendment
affecting property within 500 feet of a housing project authorized
under the Public Housing Law shall be served personally or by mail
upon the executive director of the housing authority erecting or owning
the project and to the chief executive officer of the municipality
providing financial assistance thereto at least 10 days before the
date of the public hearing.
(6)
A written notice of any proposed change or amendment
affecting property within 500 feet of the boundaries of any state
park or parkway or city, Village, town or county shall be given in
the case of a city, Village or town to the Clerk of that city, Village
or town, and, in the case of a county, to the Clerk of the Board of
Supervisors or other person performing like duties, and, in the case
of any state park or parkway, to the regional state park commission
having jurisdiction over such state park or parkway at least 10 days
before the date of the public hearing. Such city, Village, town or
county shall have the right to appear and to be heard at the public
hearing with respect to any such proposed change or amendment.
(7)
A copy of the notice of the public hearing shall
be given to any other person or entity required by law to receive
such notice.
E.
Report by Planning Board and Board of Appeals.
(1)
Before the closing of the public hearing on
any proposed amendment or other change to this chapter, the Planning
Board and Board of Appeals shall file with the Board of Trustees advisory
reports on that proposed amendment or other change.
(2)
In recommending the adoption or rejection of
any such proposed amendment or change, the Planning Board shall state
the reasons for its recommendations, including:
(a)
With respect to amendments or changes in the
text of this chapter:
[1]
Whether and how the proposed amendment or other
change is consistent, or inconsistent, with the comprehensive plan
of land use of the Village, as it may exist from time to time.
[3]
Which areas and establishments of the Village
will be directly affected by the amendment or change and in what way
they will be affected.
[4]
The indirect implications of the amendment or
change in its effect on other laws and regulations.
(b)
With respect to amendments or changes in the
Zoning Map:
[1]
Whether and how the proposed amendment or other
change is consistent, or inconsistent, with the comprehensive plan
of the Village, as it may exist from time to time.
[2]
Whether the uses permitted by the proposed amendment
or other change would be appropriate in the area concerned.
[3]
Whether adequate public schools or other facilities
and services exist or can be created to serve the needs of any additional
development likely to be constructed as a result of the amendment
or change.
(3)
In making its report on any proposed amendment,
the Board of Appeals shall state its views as to the desirability
and practicability of the proposal.
(4)
The failure of the Planning Board or the Board
of Appeals to file an advisory report as required by this section
shall not affect the power of the Board of Trustees to act on the
proposed amendment or other change.
F.
Disapproval by County Planning Board. If the County
Planning Board, in appearing before the Board of Trustees at the public
hearing, disapproves of the proposed amendment or other change, or
recommends changes or modifications thereof, the Village shall not
act contrary to that disapproval or recommendation except by adoption
of a resolution by the Village Board of Trustees.
G.
Protests. In case of a written protest against a proposed
amendment or other change presented to the Board of Trustees and signed
by the owners of 20% or more of the area of the land included in the
proposed amendment or other change, or by the owners of 20% or more
of the land immediately adjacent thereto, extending 100 feet therefrom,
or by the owners of 20% or more of the land directly opposite thereto,
extending 100 feet from the street frontage of that opposite land,
the amendment or other change shall not become effective except by
the favorable vote of 3/4 of the members of the Board of Trustees.
[Amended 6-15-1999 by L.L. No. 3-1999]
H.
Conformity to Comprehensive Land Use Plan. In all
cases where the Board of Trustees shall approve an amendment to the
Zoning Map,[2] the Board shall find that, for reasons fully set forth
in its findings, the amendment is in conformity with the comprehensive
plan of land use for the Village, as it may exist from time to time.
[2]
Editor's Note: The Zoning Map is on file in
the Village offices.
J.
Minutes; publication.
(1)
Every amendment or other change to this chapter
(excluding any map incorporated therein) shall be entered in the minutes
of the Board of Trustees and a copy, summary or abstract thereof (exclusive
of any map incorporated therein) shall be published once in a newspaper
of general circulation in the Village. Such minutes shall describe
and refer to any map adopted in connection with such amendment or
change.
(2)
In addition to publication, a copy of the amendment
or other change, together with a summary or abstract of any map incorporated
therein, shall be posted conspicuously at or near the main entrance
to the office of the Village Clerk.
(3)
Affidavits of the publication and posting thereof
shall be filed with the Village Clerk.
K.
Effective date. The amendment or other change shall
take effect upon filing in the office of the Secretary of State, but
shall take effect from the date of its service as against a person
served personally with a copy thereof, certified by the Village Clerk
and showing the date of its passage and entry in the minutes.
L.
Effect on approved subdivisions. Notwithstanding any
inconsistent provision of this chapter, the provisions of any amendment
or other change to this chapter that establish or increase lot areas
or lot dimensions that are greater than or in excess of the lot areas
or lot dimensions of the lots shown and delineated on a subdivision
plat that has been duly approved by the Planning Board, and which
subdivision plat or the first section thereof has been duly filed
in the office of the recording officer of the county, or which provisions
establish or increase side, rear or front yard or setback requirements
in excess of those applicable to building plats under the provision
of the zoning law in force and effect at the time of the filing of
the subdivision plat or first section thereof, shall not, for a period
of three years after the filing of the subdivision plat or first section
thereof, be applicable to or in any way affect any of the lots shown
and delineated on the subdivision plat.
[Amended 6-15-1999 by L.L. No. 3-1999]
The local law on zoning of the Village of Hastings-on-Hudson
adopted by the Board of Trustees and effective July 1, 1979, and any
and all amendments thereto, are hereby repealed. That repeal shall
not affect or impair any act done, offense committed or right accruing,
accrued or acquired or liability, penalty, forfeiture or punishment
incurred before the repeal takes effect; but the same may be enjoyed,
asserted, enforced, prosecuted or inflicted as fully and to the same
extent as if such repeal had not been effected.
To the extent necessary to comply with applicable
state law, if the enactment of this chapter pursuant to the Municipal
Home Rule Law is deemed to be a supersession or modification of the
Village Law, then this chapter shall be deemed to supersede any inconsistent
provision or procedure set forth in § 7-706 of the Village
Law.
[Added 11-15-2005 by L.L. No. 7-2005]
By Local Law No. 7 of 2005, the Village of Hastings-on-Hudson
has adopted the Compact Plan, as amended from time to time, as a statement
of policies, principles, and guides to supplement other established
land use policies in the Village. In its discretionary actions under
this Zoning Code, the reviewing agency should take into consideration
said statement of policies, principles and guides, as appropriate.
