[Added 9-8-1987 by L.L. No. 5-1987]
A.
The purpose of the zoning and planning laws and regulations
of the Village of Montgomery is to provide for, encourage and promote
superior design and execution of land use, construction and development
in the Village for the benefit of both the present and future residents
of the Village. Too often the laws and regulations are regarded as
mere minimum requirements which are strictly implemented without regard
to physical, aesthetic and neighborhood concerns which must be taken
into account to ensure land use of the highest caliber.
B.
The original jurisdiction over land use regulation
in the Village lies with the elected Board of Trustees. The Board
of Trustees has delegated its authority over many matters to administrative
boards and/or officers. However, such boards and officers are limited
in their administrative capacities by the strict text of the laws
and regulations constituting the Village's Comprehensive Plan.
C.
In order to promote and encourage superiority of design
and development of land, to provide flexibility to provide for the
best and most appropriate use of land, to assure proper provision
of services, utilities and streets of good quality and to preserve
and promote the aesthetic and community qualities of the Village,
the Board of Trustees has enacted this article.
Applications meeting the following criteria
shall require the approval of the Board of Trustees in addition to
any other approval by a Village agency or officer. This list shall
not be in limitation of any application otherwise requiring approval
of the Board of Trustees:
A.
Subdivision of land into more than three lots.
B.
Approval of four or more dwelling units.
C.
Creation of new streets, whether or not offered for
dedication.
D.
Creation of parks, parkland or designated open space,
whether or not offered for dedication.
E.
Water and/or sewer facilities requiring pump or booster
stations.
F.
Industrial or commercial uses requiring more than
5,000 gallons of water per day.
G.
Industrial or commercial uses having more than 4,000
square feet gross floor area.
H.
Projects adjacent to or within 200 feet of property
owned by the Village.[1]
[1]
Editor's Note: Former Subsection I, Any mining or quarrying
activity, which immediately followed this subsection, was repealed 7-6-2021 by L.L. No. 3-2021. This local law also redesignated former Subsection J as
Subsection I
I.
Any planned residential development.
A.
All review procedures shall, to the extent practical,
be implemented to provide prompt review of applications and early
identification of area of concern and potential impact as is consistent
with a complete and thorough review of the application.
B.
All applications subject to approval by the Board
of Trustees pursuant to this article shall be submitted simultaneously
to the Board of Trustees and other Village agencies having jurisdiction.
C.
Applications shall not be deemed to be before the
Board of Trustees until the application has received the preliminary
approval of all other Village agencies having jurisdiction.
D.
Any preliminary approval shall be deemed conditional
upon the approval of the Board of Trustees.
E.
The Board of Trustees may present comments to other
Village agencies prior to their granting preliminary approval.
F.
The Board of Trustees may conduct such proceedings
and/or hold such hearings as it deems appropriate for proper review
of the application before it.
G.
No application shall be deemed approved unless it
has received the affirmative vote of the majority of the Board of
Trustees.
H.
Applications approved by the Board of Trustees shall
thereafter be subject to the final approval of other Village agencies
consistent with the approval of the Board of Trustees. No Village
agency shall give final approval to an application subject to this
article unless the Board of Trustees has approved the application.
I.
The Board of Trustees is hereby authorized to approve
applications upon such reasonable conditions as it deems appropriate
to further the purposes of this article.
[1]
Editor's Note: Former § 122-54,
Variances, was repealed 8-4-1992 by L.L. No. 3-1992.
Any action or decision of the Board of Trustees
while acting in its administrative capacity may be reviewed in an
appropriate proceeding under Article 78 of the of the Civil Practice
Law and Rules. Nothing herein shall authorize such a proceeding to
review any action or decision of the Board of Trustees while acting
in its legislative capacity.
This Article is adopted pursuant to the authority of Article IX of the New York State Constitution and shall amend and supersede the Village Law pursuant to Municipal Home Rule Law § 10.