A.
Regulations are to be regarded as minimum provisions.
In their interpretation and application, the regulations of this chapter
shall be considered to be minimum provisions for the protection and
promotion of public health, safety, morals, convenience, comfort,
prosperity and other aspects of general welfare. It is hereby declared
to be the legislative intent that this chapter shall be regarded as
remedial to help in providing for all residents of the Village the
benefits of an orderly pattern of development; and this chapter shall
therefore be construed liberally to further its underlying purposes.
B.
Other ordinance and private agreements. This chapter
is not intended to interfere with, abrogate or annul any other ordinance,
regulation or other provision of law, or any easement, covenant or
other private agreement or legal relationship. When this chapter imposes
restrictions on use or bulk different from those imposed by any other
statute, ordinance, regulation or other provisions of law, or by any
easement, covenant or private agreement or legal relationship, whichever
provisions are more restrictive, or impose higher standards, this
chapter shall control.
C.
Existing permits. Subject to provisions of Article VII, this chapter is not intended to abrogate or annul any building permits, certificates of occupancy, variances or special permits lawfully issued or preliminary site plans and subdivision plats approved before the effective date of this chapter.[1]
A.
Membership.
(1)
The existing Zoning Board of Appeals of five members
is hereby continued. Following expiration of the terms of their predecessors
in office, succeeding members and the Chairperson of the Zoning Board
of Appeals shall be appointed for five-year terms by the Mayor subject
to the approval of the Board of Trustees in accordance with § 7-712
of NYS Village Law. In the absence of a Chairperson, the Zoning Board
of Appeals may designate a member to serve as acting Chairperson.
If a vacancy shall occur otherwise than by expiration of term, the
Mayor shall appoint the new member for the unexpired term. The Board
of Trustees shall have the power to remove, after public hearing,
any member of the Zoning Board of Appeals for cause.
[Amended 9-17-2018 by L.L. No. 3-2018]
(2)
In addition to any and all other qualifications for
holding office as a member of the Zoning Board of Appeals, all members
of said Board must attend no less than four hours of training classes
offered either by the Rockland Municipal Planning Federation, New
York State Planning Federation, Orange County Planning Federation,
Pace Law School Zoning School or other course approved by the Board
of Trustees within one year from the effective date hereof, and complete
such classes within two years from the effective date hereof; or receive
similar instruction as are provided by the Village's legal counsel
or a planner certified by the American Institute of Certified Planners
(AICP) and receive such similar certification within the same time
period. Members appointed after the effective date of this section
shall be required to attend not less than four hours of such classes
within one year from the date of such appointment and receive certification
within two years from the date of such appointment. Recertification
of all members shall be required each year thereafter from the date
of initial certification. Training received in excess of four hours
in any one year may be carried over by the member into succeeding
years. The training required by this subsection may be waived or modified
by resolution of the Board of Trustees when, in the judgment of the
Board of Trustees, it is in the best interest of the Village to do
so. No decision of the Zoning Board of Appeals shall be voided or
declared invalid because of a failure to comply with this requirement
for training.
[Amended 8-11-1997 by L.L. No. 4-1997; 9-17-2018 by L.L. No. 3-2018]
(3)
Alternate members. Pursuant to the Municipal Home
Rule Law of the State of New York, the following provisions governing
alternative members supersede the provisions of Village Law 7-712(11)
of the State of New York.
[Amended 9-17-2018 by L.L. No. 3-2018]
(a)
The Mayor shall appoint, subject to the approval of the Trustees,
up to two alternate members to the Zoning Board of Appeals. Such alternate
members shall meet all the requirements for eligibility of regular
Board members. Alternate members shall enjoy the same rights and privileges
as regular Board members, including the right to participate in all
discussions; provided, however, that an alternate member shall be
entitled to vote only when a regular Board member is not present or
is disqualified from voting.
(b)
When a Board member will not be voting, the Chairperson may
authorize such regular member's voting authority to an alternate on
a rotating basis so that each alternate member shall be afforded an
equal opportunity to serve as an acting member, except that where
an alternate has previously been appointed for a given application,
that alternate shall be first appointed in all future instances in
which an alternate is required for that given application. Any reference
herein to "member" shall include any alternate, unless otherwise indicated.
Such designation shall be entered into the minutes of the initial
Zoning Board of Appeals meeting at which the substitution is made.
The alternate shall serve in the place of an absent member for the
duration of the meeting, or for a disqualified member until conclusion
of the matter.
(4)
Alternate ZBA members. The Village Board of Trustees, in its discretion,
may further appoint up to two alternate members to the Zoning Board
of Appeals, who shall serve when there is a conflict of interest precluding
participation by a regular member, or when a regular member shall
be absent or otherwise be unable or unavailable to review, hear and
determine an appeal.
[Added 6-18-2018 by L.L.
No. 2-2018]
(a)
The Chairperson of the Zoning Board of Appeals may designate
the alternate member to substitute for a regular member when such
regular member is absent, or unable to participate because of a conflict
of interest on an application or any matter before the Board, or when
a regular member shall be unable or unavailable to review, hear and
determine an application or appeal. When so designated, the alternate
member shall possess all the powers and responsibilities of such regular
member of the Board. Such designation shall be entered into the minutes
of the initial Zoning Board of Appeals meeting at which the substitution
is made.
(b)
All provisions of this section 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 an alternate member.
(c)
The term of office of the alternate members of the Zoning Board
of Appeals shall be one year.
B.
Procedure. Meetings shall be held at the call of the
Chairperson and at such other times as the Board may determine.
(1)
A quorum shall consist of an absolute majority of
the total membership of the Boards of Appeals. In order to reverse
a decision of the Code Enforcement Officer, authorize a variance or
grant a special permit, an affirmative vote of an absolute majority
of the total membership of the Zoning Board of Appeals shall be required.
(2)
The Board shall keep minutes of its proceedings, showing
the vote of each member upon each question, and shall keep records
of its examinations and other official actions. the Zoning Board of
Appeals shall adopt rules and regulations governing its procedures.
No appeal to the Zoning Board of Appeals, or request for review from
any order, requirement, decision or determination of the Code Enforcement
Officer, shall be filed later than 30 days from the date of filing
of the order, requirement, decision or determination in the office
of the Code Enforcement Officer. No appeal taken to the Zoning Board
of Appeals after any time limitation set in this chapter shall be
valid.
(3)
All other necessary costs and disbursements are directly
related to the application. A minimum fee as set forth in the Village
schedule of fees shall accompany each such application, except as
hereinafter specified. Any additional funds expended in processing
the application shall be paid by the applicant prior to the issuance
of any building permit or certificate of occupancy for any use authorized
by the Board under this procedure.
(4)
With respect to applications for additions or alterations
to existing one-family homes wherein no change in one-family use is
contemplated, a fee shall be paid to the Village as set forth in the
Village schedule of fees.
D.
Notice and hearing.
(1)
All applications and appeals to the Zoning Board of
Appeals shall be in writing. The Board of Appeals shall give public
notice, as required by law, of any hearing by publication in official
paper or papers of notice of hearing at least five days prior to the
time thereof and shall, at least five days before a hearing, mail
notice thereof to the Regional State Park Commission having jurisdiction
over any state park or parkway within 500 feet of the property affected
by such appeal or application, and render its decision within a reasonable
time.
(2)
The Zoning Board of Appeals shall refer to the Rockland
County Commissioner of Planning for his or her recommendation, all
matters within the provisions of Article 12B, §§ 239-l
and 239-m of the General Municipal Law, which includes real property
lying within 500 feet of the boundary of any existing or proposed
county or state park or other recreation area, or from the right-of-way
of any existing or proposed county or state parkway, thruway, expressway,
road or highway or from the existing or proposed right-of-way of any
stream or drainage channel owned by the county or for which the county
has established channel lines, or from the existing or proposed boundary
of any county or state-owned land on which a public building or institution
is situated, or the boundary of a farm operation located in an agriculture
district, or from the boundary of any city, Village or town. The Rockland
County Commissioner of Planning shall render his or her decision within
30 days of referral or within an extended period if agreed upon.
[Amended 8-11-1997 by L.L. No. 4-1997]
(3)
The Zoning Board of Appeals shall require that the
Clerk to the Board of Appeals give notice to other owners of property
adjoining and opposite the property affected by such application or
appeal, by mailing a copy of such notice to such persons as their
names and addresses appear on the last assessment rolls of the Village,
but failure to give such additional notice shall not invalidate any
action of the Board or affect its jurisdiction, nor shall the giving
of such additional notice render any such person an aggrieved person,
who otherwise is not aggrieved under the law.
E.
All applications and appeals to the Zoning Board of
Appeals shall be in writing on official forms, containing such information
as required by the Zoning Board of Appeals to enable it to act, but
such official forms shall be subject to the approval of the Board
of Trustees.
(1)
Every decision of the Zoning Board of Appeals shall
be in writing, shall contain findings and conclusions as required
by law, shall be filed promptly in the office of the Village Clerk
and shall be a public record. In addition to the notice required by
law, the Zoning Board of Appeals is hereby directed to furnish the
applicant with distinctive posters giving notice of the hearing and
of the relief requested, which notice shall be posted in a conspicuous
place visible from every street along the frontage of the plot affected
by said application and shall remain in the place and posted until
after the hearing.
(2)
The applicant shall, prior to or at the public hearing, furnish the Board with an affidavit of compliance with the requirement of Subsection E(1) above, or at the public hearing shall swear or affirm under oath to compliance with the requirement of Subsection E(1) above. However, failure to comply with this requirement shall not deprive the Board of its jurisdiction or affect any decision, but shall be due cause for the Board to refuse to hear the application or to adjourn the hearing or to require further notice. The Zoning Board of Appeals shall render and file its decision not later than 62 days after the public hearing unless such time is extended by mutual consent of the applicant and the Zoning Board of Appeals. The decision shall be filed in the office of the Village Clerk within five days after the day such decision is rendered, and a copy of the decision shall be mailed to the applicant.
[Amended 8-11-1997 by L.L. No. 4-1997]
F.
Powers. The Zoning Board of Appeals shall have all
powers and duties prescribed by law, which are particularly specified
as follows:
(1)
Hear and decide appeals from and review any order,
requirement, decision or determination of an administrative official
charged with enforcement of this chapter. The Zoning Board of Appeals
shall not hear any appeal from, or review, any order, determination,
requirement, decision or revocation of the Code Enforcement Officer
where such order, determination, requirement, decision or revocation
has been directed by the Board of Trustees. An appeal from any such
determination shall be made by any person aggrieved directly to the
Supreme Court of the State of New York in an Article 78 proceeding
within 30 days from such order, determination, requirement or decision.
(2)
Hear and decide all matters referred to it, or upon
which it is required by this chapter to pass.
(3)
Where practical difficulties or unnecessary hardships
prevent strict adherence to the letter of this chapter, the Zoning
Board of Appeals shall have the power, in passing upon appeals, to
vary or modify the application of any regulation or provision of this
chapter relating to the use, construction or alteration of buildings
or structures, or the use of land, except as specifically prohibited
by other provisions of this chapter, provided that the spirit of the
chapter is observed, public safety and welfare are secured and substantial
justice is done.
(4)
Have the power to grant such permits as provided in
this chapter.
(5)
Have the power to grant any extension or modification
as provided in this chapter. The enumeration of these specific powers
is not intended to exclude thereby any other power set forth in the
Village Law or in this chapter.
G.
Special permits.
(1)
On a reference by the Code Enforcement Officer after
application to the Code Enforcement Officer for a building permit
or certificate of occupancy, the Zoning Board of Appeals is hereby
authorized to issue a special permit for certain uses listed in Use
Table, Column B-1, subject to the additional requirements and conditions
therein (or in Column F).[2]
[2]
Editor's Note: The Use Table appears at the
end of this chapter.
(2)
Public hearing and decision; notice to applicant and
planning agencies.
[Added 8-11-1997 by L.L. No. 4-1997]
(a)
The Zoning Board of Appeals shall conduct a
public hearing within 62 days from the day an application is received.
Public notice of said hearing shall be printed in a newspaper of general
circulation in the Village at least five days prior to the date thereof.
The Zoning Board of Appeals shall decide upon the application within
62 days after the hearing. The time within which the Board must render
its decision may be extended by mutual consent of the applicant and
the Board. The decision of the Board 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.
(b)
At least 10 days before such hearing, the Zoning
Board of Appeals shall mail notices thereof to the applicant and to
the county, metropolitan or regional planning agency, as required
by § 239-m of the General Municipal Law, which notice shall
be accompanied by a full statement of the matter under consideration,
as defined in Subdivision 1 of § 239-m of the General Municipal
Law.
(3)
Every special permit shall also conform to all special
findings relating thereto that are required by this chapter. The Zoning
Board of Appeals may also require, as a condition of issuance of any
special permit, that it be periodically renewed; or may issue any
special permit for a specific period of time, subject to adequate
guaranties that the use covered will be terminated at the end of the
period specified or such extension thereof as may be granted by said
Board. Any such renewal or extension shall be subject to the same
procedure and requirements as specified herein for the original issuance
of the special permit involved. In granting a special permit or a
renewal or extension thereof, the Zoning Board of Appeals shall in
all cases file a written report setting forth the applicable additional
requirements and conditions and special findings for granting or denying
such permit, renewal or extension. No special permit may be granted
for a period in excess of five years; provided, however, that the
holder of such special permit may reapply for an extension thereof.
A special permit will authorize only one particular special use and
shall expire if the special use shall cease for more than 12 months
for any reason. Only one special permit shall be issued for any plot
or parcel of land. In addition to other powers conferred upon the
Zoning Board of Appeals elsewhere in this chapter, the Board is authorized
to grant special permits in the following situations.
(a)
Extension across district boundaries. In appropriate
cases where a plot lies within two districts, the Board may permit
the extension of an existing or proposed building, structure or accessory
off-street parking space across a district boundary, under such conditions
as will safeguard the character of the district into which such use
is extended. However, no such extension shall exceed 75 feet measured
at right angles to such district boundary. The power under this subdivision
shall not permit the moving of the zoning district line but only the
extension of the building, structure or accessory off-street parking
space.
(b)
Off-street parking and loading requirements. Where, because of the unusual shape of a plot, the requirements for accessory off-street parking spaces and/or loading berths in Use Table, Columns F and G, and Article VI, cannot be reasonably complied with, the Board may permit the substitution of such alternative provisions for off-street parking spaces or loading berths as the Board deems suitable and adequate to prevent creation of serious traffic congestion by parking along the street.
H.
Building permit and certificate of occupancy for a use subject to § 245-11.
(1)
Application. An application for a building permit or certificate of occupancy for uses subject to § 245-11 shall be submitted to the Code Enforcement Officer in duplicate. The applicant shall also submit in duplicate a plan of the proposed construction or development, including a description of the proposed machinery operations and products, and specifications for the mechanisms and techniques to be used in restricting the emission of dangerous or objectionable elements referred to in § 245-11, and an affidavit by the applicant, acknowledging his or her understanding of the applicable restrictions and agreements to conform to same at all times. No applicant shall be required to reveal any secret processes, and any information submitted shall be treated as confidential if requested.
(2)
Refusal of the Code Enforcement Officer to issue a
permit under this section shall be set forth in writing. Within 30
days after such written refusal the applicant may appeal to the Zoning
Board of Appeals, which may affirm, modify or reverse the decision
of the Code Enforcement Officer.
I.
Appeals from Board of Appeals determinations. Any person aggrieved
by any decision of the Board of Appeals hereunder may, within 30 days
of the filing of the decision with the office of the Village Clerk-Treasurer,
appeal pursuant to Article 78 of the Civil Practice Laws and Rules.
[Added 9-17-2018 by L.L.
No. 3-2018]
A.
Purpose.
(1)
It is the purpose of this section to preserve and
promote the character and appearance and to conserve the property
values of the Village, the attractiveness of whose residential and
business areas is the economic mainstay of the community, by providing
procedures for an architectural review of structures erected, reconstructed
or altered in the Village and thereby to:
(a)
Encourage good qualities of exterior building
design and appearance and to relate such design and appearance to
the sites and surroundings of the structure.
(b)
Permit originality and resourcefulness in building
design and appearance which is appropriate to the sites and surroundings.
(c)
Prevent such designs and appearances as are
unnecessarily offensive to visual sensibilities.
(2)
Structures which are visually offensive or inappropriate
by reason of poor quality of exterior design, excessive similarity
or striking visual discord in relation to their sites or surroundings,
mar the appearance of their areas, impair the use, enjoyment and desirability
and reduce the values of properties, are detrimental to the characters
of neighborhoods, prevent the most appropriate development and utilization
of land and therefore adversely affect functioning, economic stability,
prosperity, health, safety and general welfare of the entire community.
B.
Creation and organization. The existing ARB of five
members is hereby continued. All members should be residents of the
Village and reasonably qualified by reason of training, experience
or involvement in community history and community affairs to judge
the effects of a proposed building or structure or alteration thereof
upon the desirability, property values and development of surrounding
areas. The members of such Board shall be appointed by the Board of
Trustees for specific overlapping terms, and the Chairperson thereof
shall be designated by the Board of Trustees. Their successors shall
be appointed for terms of three years from and after the expiration
of the terms of their predecessors in office. If a vacancy shall occur
otherwise than by expiration of term, it shall be filled by the Board
of Trustees for the unexpired term. The Board of Trustees shall have
power to remove any member of the ARB for cause and after public hearing.
The Board of Trustees shall designate the Code Enforcement Officer
as Secretary to the Board.
C.
Procedures, meetings, rules and records. All meetings of the ARB shall be held at the call of the Chairperson and at such other times as such Board may determine, but a meeting shall be held within 60 days of the date of any application or referral to it. The Board may hold a public hearing when it deems such to be in the public interest. A majority of the Board shall constitute a quorum for the transaction of business. Such Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if any member is absent or fails to vote, indicating such fact, and shall also keep records of its examinations and other official actions. The Board shall have the power from time to time to adopt, amend and repeal rules and regulations, consistent with law and with this chapter, governing its procedure and the transaction of its business, subject to the provisions of § 245-40. Such action shall be taken after public hearing and shall be subject to the approval of the Board of Trustees.
D.
Referrals to the Board.
(1)
The ARB shall review and advise on all applications
for building permits in the following categories:
(a)
All applications for the construction, reconstruction
or alteration of any commercial, industrial or multiple-dwelling building
or structure.
(b)
Applications for new residential structures,
subdivisions or proposed subdivisions filed with the Planning Board.
(c)
Plans for exterior alterations or exterior additions
to residential, commercial or industrial structures or facilities
for which the Code Enforcement Officer estimates the cost to be in
excess of $1,000.
(d)
Plans for erection or construction of signs.
(e)
All site development applications submitted
to the Planning Board.
(f)
Petitions for special permit uses when ARB advice
on such a petition is requested by the Board of Trustees or the Zoning
Board of Appeals.
(g)
Plans or proposals which, in the opinion of
the Code Enforcement Officer, violate the spirit and intent of this
chapter.
(2)
Applications must be accompanied by plans showing
all elevations of new structures and all affected elevations in the
case of additions or alterations. When required by the Code Enforcement
Officer or by the ARB, a site plan shall be submitted showing both
existing and proposed contours at five-foot intervals, all existing
trees with a trunk diameter of four inches or more at a point six
feet above the ground level, and whether such trees shall remain or
be removed, and/or other topographical features.
E.
Standards for Board action.
(1)
Approval of any building permit referred to the ARB
shall be by a vote of at least a majority of the members of the ARB.
(2)
In considering an application for a permit, the ARB
shall take into account natural features of the site and surroundings,
exterior design and appearance of existing structures and the character
of the district and its peculiar suitability for particular purposes,
with a view to conserving the values of property and encouraging the
most appropriate use of land.
(3)
The ARB may approve any application referred to it
upon finding that the building or structure for which the permit is
requested, if erected or altered in accordance with the submitted
plan, is in harmony with the purpose of this chapter, is not visually
offensive or inappropriate by reason of poor quality of exterior design,
excessive similarity or striking visual discord in relation to the
sites or surroundings, does not mar the appearance of the area, does
not impair the use, enjoyment and desirability or reduce the values
of properties in the area, is not detrimental to the character of
the neighborhood, does not prevent the most appropriate development
and utilization of the site or of adjacent lands and does not adversely
affect the functioning, economic stability, prosperity, health, safety
and general welfare of the entire community.
F.
In approving any application, the ARB may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in § 245-34A.
G.
The ARB may disapprove any application for a permit, provided that the ARB has afforded the applicant an opportunity to confer upon suggestions for change of the plan, and provided that the ARB finds and states that the structure for which the permit was requested would, if erected as indicated, provoke one or more of the harmful effects set forth in § 245-34A by reason of:
(1)
Excessive similarity to any other structure or structures
located or proposed to be located on the same street or corner thereof
and within 150 feet of the site of the structure for which a building
permit is requested, with respect to one or more of the following
features of exterior design and appearance:
(a)
Substantially identical facade, disregarding
color.
(b)
Substantially identical size and arrangement
of either doors, windows, porticoes, porches or garages or other openings
or breaks or extensions in the facade, including reverse arrangements.
(c)
Other substantially identical features, including
but not limited to setbacks from street lines, heights, widths and
lengths of elements of the building design and exterior materials
and treatments.
(2)
Striking dissimilarity, visual discord or inappropriateness
with respect to other structures located or proposed to be located
on the same street or a corner thereof and within 150 feet of the
site of the structures for which a building permit is requested, with
respect to one or more of the following features of exterior design
and appearance:
(a)
Facade, disregarding color.
(b)
Size and arrangement of doors, windows, porticoes,
porches or garages, or other openings, breaks or extensions in the
facade.
(c)
Other significant design features, including
but not limited to heights, widths and lengths of elements of design,
exterior materials and treatments, roof structures, exposed mechanical
equipment, service and storage areas, retaining walls, landscaping,
signs, light posts, parking areas, fences and service and loading
areas.
(3)
Visual offensiveness or other poor qualities of exterior
design, including, with respect to signs, considerations of the harmony
or discord of colors, or incompatibility of the proposed structure
with the terrain on which it is to be located, including but not limited
to excessive divergences of the height or levels of any part of the
structure from the grade of the terrain.
H.
Failure to act. The Code Enforcement Officer shall refuse any building permit application disapproved as provided in § 245-34H. If the ARB shall fail to approve or disapprove any application referred to it under § 245-34D within 30 days of the date of referral of such application to it, the application shall be considered to have been approved unless the applicant shall have agreed to an extension of time or shall have agreed to provide additional data, information or plans.
I.
Appeal.
(1)
Any applicant aggrieved by an action of the ARB in
approving or disapproving a building permit application before it,
and of the Code Enforcement Officer in denying such permit because
of such disapproval, may request the ARB to make formal findings of
fact. In the event of such a request, the ARB shall make such findings
of fact within 15 days after the request is filed in the office of
the Village Clerk, shall thereafter provide the applicant with an
opportunity to answer the findings by the submission of formal proof
and shall reconsider the application on the basis of such answer.
If the application is disapproved after such reconsideration, the
applicant may appeal the decision of the ARB to the Board of Trustees
of the Village of Haverstraw.
(2)
If the Board of Trustees upholds the disapproval,
the applicant may bring a proceeding to review in the manner provided
by Article 78 of the Civil Practice Law and Rules in a court of record
on the grounds that such action is illegal, in whole or in part. Such
proceedings must be commenced within 30 days after the filing in the
office of the Village Clerk of the decision of the Board of Trustees.
A.
The Board of Trustees may from time to time amend,
supplement, modify or repeal this chapter, including the Zoning Map
and accompanying tables, as provided by the Village Law of the State
of New York.
[Amended 8-11-1997 by L.L. No. 4-1997]
B.
The Board of Trustees may, in its discretion, by resolution,
direct further notice in addition to that required by law. The Board
of Trustees shall refer to the Planning Board for report thereon any
proposed amendment, and the Planning Board shall file its report with
the Board of Trustees within 60 days after proposed amendment is delivered
or mailed to the Chairperson or Secretary of the Planning Board. Should
the Planning Board fail to file such report within said 60 days, the
Board of Trustees may, at its discretion, hold a public hearing on
the proposed amendment without the report of the Planning Board, and
absence of such a report shall not be due cause for adjournment of
the public hearing.
C.
However, giving of such additional notice shall not
render aggrieved any person not otherwise aggrieved under the law,
nor shall failure to give such notice or reference at any time invalidate
or affect any action of the Board of Trustees.
E.
Such petitions shall be in writing and shall contain
a description and map of the property affected, together with such
other information as the Board of Trustees shall require. Such petitions
shall include the names and addresses of all owners on the Tax Map
of the Village owning property within 500 feet of the property affected,
or any other contiguous property of the applicant in the same ownership.
F.
A report from the Planning Board shall not be required
for any proposed amendment initiated by the Planning Board.
A.
It shall be a violation of this chapter for any person,
association, organization, corporation, company or business entity
to: i) construct, erect, alter, renovate, repair, maintain, use or
occupy any land, building or structure, or part thereof, in a manner
that is not in compliance with any provision of this chapter; ii)
fail to comply with a notice, directive or order of a Code Enforcement
Officer or Building Inspector; or iii) construct, erect, alter, renovate,
repair, maintain, use or occupy any land, building or structure, or
part thereof, in a manner that is not permitted by a validly issued
building permit or certificate of occupancy.
[Amended 10-17-2022 by L.L. No. 3-2022]
B.
i) Any person, association, organization, corporation,
company or business entity who shall fail to comply with a written
order of a Code Enforcement Officer or Building Inspector within the
time fixed for compliance therewith, and/or (ii) any owner, builder,
developer, architect, engineer, surveyor, tenant, occupant, contractor,
subcontractor, construction superintendent, or any of their agents,
or any other person, association, organization, corporation, company
or business entity taking part, or assisting, in the construction,
erection, alteration, renovation, repair, maintenance, use or occupancy
of any land, building or structure, or part thereof, in a manner that
is not in compliance with any provision of this chapter, or with any
lawful order, notice, directive, permit or certificate of a Code Enforcement
Officer or Building Inspector made thereunder, shall be punishable
by a fine of not more than $10,000; which charge, under this chapter,
shall be a petty offense or infraction, and not a crime. The continuation
or repeat of a violation of, or failure to comply with, any provision
of this chapter shall constitute, for each occurrence that transpires
or each day on which the violation continues, a separate and distinct
charge hereunder.
[Amended 8-11-1997 by L.L. No. 4-1997; 3-16-2015 by L.L. No. 1-2015; 10-17-2022 by L.L. No. 3-2022]
C.
Abatement of violation. Appropriate actions and proceedings
may be taken by law or in equity to prevent unlawful construction
or to restrain, correct or abate a violation or to prevent illegal
occupancy of a building, structure or premises, or to prevent illegal
acts, conduct or business in or about any premises, and these remedies
shall be in addition to the penalties prescribed in the preceding
section.
A.
Power to adopt rules and regulations.
(1)
Establishment. The Planning Board, Zoning Board of
Appeals, the Architectural Review Board and any other agency, board
or commission affected by this chapter shall have the power to adopt
rules and regulations subject to the provisions hereinafter contained.
(2)
Any board or commission may promulgate rules and regulations
either in the conduct of its affairs or as supplementary to this chapter
that are not inconsistent herewith.
(3)
Adoption. The rules and regulations intended to be
adopted shall first be promulgated by the board or commission. Upon
approval of a majority of its members, the same shall be transmitted
by the Village Clerk who shall include the same on a Board of Trustees
agenda within 60 days after receipt.
(4)
The Board of Trustees shall, in its regular public
session, approve, disapprove, modify or alter such or any portion
of the proposed regulation, and when adopted by the Board of Trustees
the same shall constitute a regulation of the promulgating board.
(5)
Amendment to any rule or regulation promulgated by
a board and adopted by resolution of the Board of Trustees may be
amended or rescinded by resolution of the Board of Trustees, with
or without concurrence of the promulgating board.
(6)
Violations. Violation of the requirement of any rule
or regulation shall be a violation of this section, and such violation
shall constitute a violation of this chapter.
This comprehensive amendment of the Zoning Ordinance
of the Village of Haverstraw, adopted May 27, 1963, and readopted
as amended May 17, 1972, with all subsequent amendments thereto, shall
not be construed as abating any action now pending under, or by virtue
of said ordinance; or as discontinuing, abating, modifying or altering
any penalty accruing or to accrue; or as affecting the liability of
any person, firm or corporation; or as waiving any right of the Village
of Haverstraw under any section or provision existing at the time
of the passage of this comprehensive amendment; or as vacating or
annulling any rights obtained by any person, firm or corporation by
lawful action of the Village of Haverstraw.
