In applying and interpreting this chapter, its
provisions shall be held to be minimum requirements adopted for the
promotion of the public health, safety, morals, comfort, convenience
or the general welfare. The following specific regulations shall apply:
A.
A minimum required lot or yard size for one building
or structure shall not be used as any part of a required lot or yard
for a second structure.
B.
The required lot or yard for an existing building
or structure shall not be diminished below the minimum requirements
of this chapter.
C.
The parking spaces required for one building or structure
or use shall not be included in the computation of required parking
spaces for a second building or structure or use.
A.
Nothing contained in this chapter shall be taken to
repeal, abrogate, annul or in any way impair or interfere with the
Building Code or any rules or regulations adopted or issued thereunder,[1] or any other provisions of law or ordinance or regulations,
existing or as may be adopted in the future, when not in conflict
with any of the provisions of this chapter, nor is it intended by
this chapter to interfere with or abrogate or annul any easements,
covenants or other agreements between parties; provided, however,
that when this chapter imposes a greater restriction upon the use
of buildings, structures, premises, lot or land or upon the height
of buildings or structures, or requires larger lots, yards, courts
or other open spaces than imposed or required by such other provisions
of law, ordinance or regulation or by such easements, covenants or
agreements, the provisions of this chapter shall control.
B.
Wherever the provisions of any other law or ordinance
or regulations impose a greater restriction than this chapter, the
provisions of such other law or ordinance or regulations shall control.
C.
No provision contained in this chapter shall be construed
as justifying the encroachment of any building or structure within
any street lines now or hereafter laid down on any subdivision plat
filed in the office of the County Clerk or within any state, county
or municipal road.
A.
It shall be the duty of the Building Official to administer
and enforce the provisions of this chapter.
B.
Should said Building Official be in doubt as to the
meaning or intent of any provision of this chapter or as to the location
of any district boundary line on the Zoning Map or as to the propriety
of issuing a building permit or a certificate of occupancy in a particular
case related to the provisions of this chapter, he shall appeal the
matter to the Board of Appeals for interpretation and decision.
C.
The Building Official shall adopt rules of procedure,
consistent with this chapter, for the purpose of assuring efficient
and uniform administration of its provisions.
D.
If the Building Official should mistakenly issue a
building permit which violates the provisions of this chapter, that
building permit shall be invalid.
A.
All procedure with respect to applications for and
issuance of building permits shall be in conformity with the provisions
of the Building Code Ordinance and the Building Code.[1] All such applications shall be accompanied by such other
information as may be necessary to determine and provide for the enforcement
of this chapter.
B.
Building permits shall be required. No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair, demolition or moving of any building or structure or part thereof unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects with the provision of this chapter. No building permit shall be issued for any activity mentioned above or nonstructural alteration, maintenance or painting of any building and structure or part thereof with respect to a property designated on the National Register of Historic Places or within or immediately adjacent to a site or district as designated in the Chapter 6 of the Code of the Village of Montgomery unless, in addition to conformity with this chapter, a certificate of appropriateness is granted by the Architectural and Historic Review Board.
[Amended 11-17-1986 by L.L. No. 5-1986]
C.
Where a lot is formed from part of an existing lot,
whether already improved or not, the separation must be effected in
such a manner that neither of the lots, nor any existing or proposed
improvements thereon, contradict the intent or the provisions of this
chapter.
D.
After completion of footings and establishing of the
forms on the first course of the foundation walls, or equivalent structure,
the owner shall cause a survey to be made by a licensed land surveyor,
showing the true location of such foundation walls with respect to
the lot lines of the lot, and a copy of such survey shall be filed
with the Building Official before any further construction is commenced.
E.
No building permit or certificate of occupancy for any building or structure or use, other than a one- or two-family dwelling or their permitted accessory buildings or structures, shall be issued unless the Planning Board has previously approved a site plan, pursuant to § 122-51, showing such building, structure or use. Continued compliance with the approved final site plan shall be a requirement of the continued validity of any certificate of occupancy.
[Added 10-20-1986 by L.L. No. 3-1986]
[Amended 6-3-1968; 10-20-1986 by L.L. No. 3-1986]
A.
Declaration of authority. Pursuant to Article 7, § 725,
of the Village Law, the Board of Trustees of the Village of Montgomery
hereby delegates to the Village of Montgomery Planning Board the authority
to review and approve all site plans for new construction or substantial
renovation of all regulable structures within the Village of Montgomery.
B.
Purpose. Site plan approval is intended to secure
compliance with the purposes and provisions of the Village of Montgomery
Zoning Ordinance and with appropriate professional design practice
for site improvements such as drainage, sidewalks, curbs, parking,
landscaping, fences, driveways and grading.
C.
Uses requiring approval. Site plan approval by the
Planning Board shall be required for any:
[Added 1-30-1996 by L.L. No. 2-1996[1]]
(1)
Special exception use.
(2)
Permitted business or industrial use in any B-1, B-2,
I-1 or I-2 district.
(3)
Multiple-family dwellings.
(4)
Planned unit developments.
[1]
Editor's Note: This local law also provided
for the relettering of former Subsections C through R as D through
S, respectively.
D.
Items to be considered in site plan review. In acting
on a proposed site plan, the Planning Board shall consider:
(1)
The proposed location of all principal and accessory
buildings and their relationship to one another.
(2)
Traffic circulation within the site.
(3)
Safe ingress and egress to the site from public roads.
(4)
The safety of pedestrians on and adjacent to the site.
(5)
The number and location of all off-street parking
spaces.
(6)
The size, location and frequency of use of off-street
truck loading areas.
(7)
Provisions for parking tractor trailers, heavy machinery,
recreational vehicles, boat trailers, campers and similar vehicles.
(8)
Location and design of underground telephone, electric,
water, sewer and other utilities.
(9)
Location, size and illumination of all signs.
(10)
Height, bulk and setback of all buildings.
(11)
Provision of buffer areas, vegetative screening
or earth berms to preserve a harmonious relationship with adjacent
properties, buildings, neighborhoods and uses.
(12)
A tree-saving plan to ensure that land-stripping
techniques are not used when developing the site.
(13)
Provisions for water supply and sewage disposal,
including an estimate of the effect on any existing community systems.
(14)
Provisions for stormwater drainage systems sufficient
to prevent any increase in the rate or volume of stormwater runoff
to adjacent properties.
(15)
The effect of the proposed development on the
use, enjoyment and value of adjacent properties.
(16)
The impact of the proposed use on the community's
fire protection and public safety departments.
(17)
The impact of the proposed use on soil erosion
and measures which may be taken to minimize soil erosion.
(18)
Any other factors or considerations which bear
on the public health, safety or welfare.
(19)
Danger of flood damage to the site or adjacent
properties.
(20)
Hazard to aircraft.
E.
Procedure for site plan approval.
[Amended 11-2-1998 by L.L. No. 3-1998]
(1)
Application for site plan approval shall be made by
the owner of the premises directly to the Planning Board Secretary
in the form required by the Planning Board. An application must be
submitted at least 14 days prior to the Planning Board meeting at
which approval is requested and shall consist of:
(a)
A completed, signed application form, environmental
assessment form and any other required attachments.
(b)
Eight copies of a detailed site plan as set
forth in this article below.
(c)
All fees as set forth in a schedule adopted
by resolution of the Board of Trustees to cover all review costs,
including but not limited to filing fees, engineer's fees, legal fees
and hearing notice fees.[2]
[2]
Editor's Note: The Fee Schedule is included at the end of this chapter.
F.
Site plan contents. The owner/applicant shall cause
a site plan map to be prepared by a qualified engineer, surveyor,
architect, landscape architect or planner licensed by the State of
New York. All site plans shall be drawn to scale and show:
[Amended 11-2-1998 by L.L. No. 3-1998]
(1)
Lot, block and section number of the property as shown
on the most recent tax records.
(2)
The name and address of the record owner and of the
developer/applicant if different from the record owner.
(3)
Endorsement of the record owner or developer/applicant
if different from the record owner.
(4)
The name and address of the person, firm or organization
preparing the map, together with the license number and seal, if appropriate.
(5)
The date the plan was drawn and the dates of all revisions.
(6)
The direction of North.
(7)
The scale of the plans.
(8)
A sufficient description or information to precisely
define the boundaries of the property and the dimensions and area
of the lot.
(9)
The name, location and width of all streets within
200 feet of the lot.
(10)
The location and owner(s) of all adjoining lands
as shown on the most recent tax records.
(11)
The location and width of all easements and/or
rights-of-way on the property, together with any offers of dedication
establishing easements and the location of the easements.
(12)
A complete outline of existing deed restrictions
or covenants applying to the property.
(13)
Zoning district, including nearby boundary lines,
and any use or dimension standards that apply to the district.
(14)
A key map, preferably at a scale of one inch
equals 2,000 feet showing the relationship of the site to municipal
boundaries, hamlets, highways and streets, marshes, wetlands, rivers,
lakes and other natural features.
(15)
The existing topography of the site and immediately
adjacent property as revealed by contours or key elevations together
with any proposed regrading of the site. All topography shall be at
five-foot contour intervals where the slope is greater than 10% and
at one-foot contour intervals where the slope is less than or equal
to 10%.
(16)
The location of existing on-site watercourses,
marshes, regulated wetlands, areas subject to ponding or flooding,
wooded areas, rock outcrops, trees with a diameter of eight inches
or more [measured three feet above the ground] and other significant
existing features.
(17)
The exact dimensions and location on the lot
of all existing and proposed buildings, structures and/or accessory
buildings, together with proposed elevations and floor plans, and
the gross and net lot area.
(18)
The location and dimensions of all curb cuts,
access drives, parking areas and loading areas, together with appropriate
profiles.
(19)
Locations, dimensions, grades and flow direction
of existing and proposed culverts and other stormwater drainage facilities
as well as all other underground and aboveground utilities within
and adjacent to the property.
(20)
The location, size and flow direction of all
existing and proposed sewer lines and sewage disposal systems.
(21)
The location and dimensions of existing and
proposed signs, including a description of illumination, if any.
(22)
The location, size and flow direction of all
existing and proposed water lines and water supply systems.
(23)
Location, orientation, power, requirements and
duration of use for all existing and proposed outdoor lighting and
public address systems.
(24)
Any contemplated public improvements on or adjoining
the property.
(25)
If the site plan indicates phased development,
a supplementary plan indicating ultimate development and setting out
the phasing lines.
(26)
A landscaping plan detailing the number, location
and species of vegetation to be planted on the site. Such plan shall
also include appropriate performance criteria specifying minimum plant
sizes and the measures to be taken in the event that the proposed
vegetation fails to survive, flourish or otherwise meet said performance
criteria.
(27)
Any other information deemed appropriate or
necessary by the Planning Board.
G.
Waiver of information requirements. Particular requirements of Subsection E may be waived by resolution of the Planning Board. In waiving these requirements, the Planning Board shall set forth the reason for said waiver. A copy of said resolution shall be immediately forwarded to the Village Board of Trustees for its information.
H.
Environmental review. Where required or appropriate
pursuant to the New York State Environmental Quality Review Act (SEQR),[3] as the same may be amended, or pursuant to a local law
implementing SEQR in the Village, additional information concerning
the environmental impact of the proposed development may be required
as a part of the site plan application.
[3]
Editor's Note: See ECL § 8-0101
et seq.
I.
Site plan public hearing. Within 62 days upon receipt
of a complete application, the Planning Board shall conduct a public
hearing on the proposed site plan and shall provide for the giving
of notice at least five days prior to the date thereof as follows:
[Amended 1-30-1996 by L.L. No. 2-1996]
(1)
By publishing the notice in the official newspaper.
(2)
By posting a notice of the hearing at the Village
Hall.
(3)
By requiring the applicant to serve notice of the
date, time, place and substance of the hearing by certified mail,
return receipt requested, on all property owners within 200 feet of
the property to be developed according to said site plan.
(4)
By providing such other notice as may be required
by Article 12-B of the General Municipal Law or other applicable law.
No action shall be taken on applications referred to the Orange County
Planning Department until the Department's recommendation has been
received or until 30 days have elapsed after the Department received
the notice, whichever is earlier.
(5)
The Planning Board may, when reviewing a site plan
for a change from a permitted use to another permitted use in a particular
district, waive the requirements for a public hearing.
J.
Decision.
[Amended 7-6-1987 by L.L. No. 4-1987; 1-30-1996 by L.L. No.
2-1996]
(1)
The Planning Board shall make findings and render
a decision on the application not later than 62 days after the public
hearing is closed, except as provided for applications requiring preliminary
site plan approval. If no hearing is held, then such findings and
decision shall be rendered not later than 62 days after receiving
a complete application. These time limits shall not commence until
all provisions of the New York State Environmental Quality Review
Act have been fulfilled. The time within which the authorized Board
must render its decision may be extended by mutual consent of the
applicant and the Planning Board.
(2)
Every site plan approved by the Planning Board shall
clearly set forth the terms of any special conditions required by
the Planning Board.
(3)
The decision of the Planning Board 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.
An additional copy of the findings and decision of the Planning Board
shall be filed with the Village Building Inspector.
K.
Site plans requiring preliminary approval.
(1)
The following uses shall be subject to preliminary
and final site plan approval:
(2)
The public hearing required by this section shall be held prior to granting preliminary site plan approval. The requirements and procedure for said preliminary public hearing shall be as specified in Subsection H above. The Planning Board shall have until the second regular monthly meeting following the public hearing to approve, approve with conditions or disapprove the preliminary site plan, unless said time period is extended by consent of the Planning Board and the applicant.
(3)
If preliminary approval is granted, the applicant
shall have until the third regular monthly meeting following the approval
to submit a final site plan application to the Secretary of the Planning
Board.
(4)
Nothing herein shall prevent the Planning Board from
requiring and holding a public hearing on the final site plan application
when the Planning Board determines that substantial changes from the
preliminary site plan warrant further opportunity for public comment.
Procedures for such a public hearing shall be as set forth in this
section.
L.
Expiration of approvals. All site plan approvals,
except preliminary site plan approvals as provided for in this section,
shall be valid for 180 days commencing with the date the site plan
is signed by the Chairman of the Planning Board. If this period expires
and no substantial construction has been initiated, the approval shall
expire and be deemed null and void. The mere issuance of a building
permit shall not extend this period. Before the approval expires,
the applicant may petition the Planning Board for one extension of
180 days.
M.
Site plan amendments. Any amendments to an approved
site plan shall be subject to all the provisions of this article.
N.
Requirements for improvements shown on the site plan
shall be those set forth in this chapter and in other ordinances,
rules and regulations, or in construction specifications of the municipality.
O.
The Building Inspector shall forward one copy each
of the site plan to the Chairman of the Planning Board and to the
Municipal Engineer, if there be one, for their recommendations before
issuance of a building permit.
P.
In the case of special exception use or variance applications
the site plan shall be the subject of a preliminary review in accordance
with the above procedure before action is taken by the Planning Board
and the Board of Appeals.
Q.
Building permits for special exception uses or variances
shall be in accordance with the conditions established by the Planning
Board and the Board of Appeals.
R.
When an applicant for such a building permit or special
exception use questions the interpretation of the site plan requirements,
he may appeal the decision to the Planning Board and the Board of
Appeals.
S.
Upon approval of a site plan providing for the creation
or construction of new or additional dwelling units, the Planning
Board as a condition of approval shall require the payment to the
Village of a sum per dwelling unit to be determined from time to time
by the Board of Trustees, which sum shall constitute a trust fund
to be used by the Board of Trustees exclusively for neighborhood park,
playground or recreational purposes, including the acquisition of
land. The Planning Board may, in its discretion, provide for a credit
of up to 50% of such fees upon condition that recreational facilities
serving exclusively the residents of such dwelling units be constructed
upon the site.
[Added 12-1-1986 by L.L. No. 6-1986]
T.
Site plan waiver authority.
[Added 9-17-1996 by L.L. No. 6-1996]
(1)
The requirements of Subsection C(5) for site plan approval for changes in use from one of the enumerated permitted uses to another enumerated permitted use may be waived by the Building Inspector, after consultation with the Village Attorney, provided that all of the following conditions exist:
(a)
The prior use obtained a site plan approval
and was not otherwise exempt from a complete review by virtue of having
been in existence prior to the site plan review requirement.
(b)
The off-street parking requirement with the
proposed use are the same or less than the prior use.
(c)
The hours of operation of the proposed use are
the same or not materially different from the prior use.
(d)
There is no anticipated change in peak traffic
hours or volumes from the prior use.
(e)
There is no change in the footprint or the location
of the structures upon the lot.
(f)
There is no change in the height of structures
upon the lot.
(2)
The Building Inspector shall notify the Planning Board
and the Board of Trustees each time such a waiver is granted and shall
provide such Boards with the name of the applicant, the address or
location of the premises affected and the type of use proposed for
such premises. Such notice shall be given within 72 hours of the granting
of the waiver.
A.
Nothing in this chapter shall require any change in
the plans, construction or designated use of a building or structure
for which a lawful building permit has been issued prior to the effective
date of this chapter or any amendment thereto affecting such building
or structure, or the use thereof, provided that:
(1)
The construction of such building or structure shall
have been begun and diligently prosecuted within three months from
the date of such permit.
(2)
The entire building or structure shall be completed
according to such filed and approved plans upon which the issuance
of such permit was based within one year from the effective date of
this chapter or any such amendment thereto.
A.
It shall be unlawful to use or to permit the use of
any building, structure, premises, lot or land, or part thereof, hereafter
erected or altered, enlarged or moved or put into use, in whole or
in part, after the effective date of this chapter, or any building,
structure, premises, lot or land, or part thereof, of which the use
is changed, until a certificate of occupancy has been obtained by
the owner, as provided for under the Building Code.[1]
B.
No certificate of occupancy shall be issued for any
building, structure, premises, lot or land unless the erection, construction,
reconstruction, structural alteration, restoration, repair or moving
of any building or structure or part thereof and the intended use
thereof are in conformity in all respects with the provisions of this
chapter.
[Amended 4-21-1986 by L.L. No. 1-1986; 10-3-2023 by L.L. No. 1-2023]
A.
Fees for
building permits and certificates of occupancy shall be determined
by the Board of Trustees.[1]
[1]
Editor's Note: The Fee Schedule is included at the end of this chapter.
B.
Review
fees. In reviewing any application, the Planning Board, at its sole
and absolute discretion, may secure the advice or assistance of one
or more expert consultants qualified to advise whether a proposed
project conforms to any of the requirements of this chapter. A copy
of any reports or memos from such consultants shall be furnished to
the applicant. All fees for the services of such consultants shall
be borne by the applicant, who shall provide monies needed to establish
an escrow account from which the Planning Board's consultants shall
be paid pursuant to an escrow agreement in form and content acceptable
to the Village Attorney and Village Planning Board Attorney.
A.
Where a violation of this chapter is determined to
exist, the Building Official shall serve notice either by certified
mail or personally on the owner, agent or contractor of a building,
structure or lot where such violation has been committed or shall
exist and on the lessee or tenant of a part of or of an entire building,
structure or lot where such violation has been committed or shall
exist and on the agent, architect, contractor or any other such person
who takes part or assists in such violation or who maintains any building,
structure or lot in which any such violation shall exist.
B.
Such notice shall require the removal of the violation
within 10 days after service of the notice.
C.
In cases where the removal of the violation within
10 days would be manifestly impossible, the Building Official shall
apply to the governing body of the municipality for a determination
as to a reasonable period of time within which the violation shall
be removed.
D.
If those persons notified shall fail to remove such
violation within the allotted time period, the Building Official shall
charge them with such violation of this chapter before the appropriate
court of law.
E.
Persons found guilty of such violation shall be subject
to a fine not exceeding $1,000 or to imprisonment for not more than
15 days, or both, for each violation. Each and every week such violation
continues after the allotted period of time for its removal shall
be deemed a separate and distinct violation.
[Amended 7-6-1987 by L.L. No. 4-1987]
F.
In addition to other remedies provided by law, any
appropriate action or proceeding, whether by legal process or otherwise,
may be instituted or taken to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
to restrain, correct or abate such violation, to prevent the occupancy
of such building, structure or lot or to prevent any illegal act,
conduct, business or use in or about such premises.
G.
Notwithstanding the provisions of Subsection B of this section, nothing shall preclude the Building Inspector from requiring the removal of a violation immediately upon service of the notice where the violation involves the use or occupancy of a building or structure in contravention of the site plan, special exception use permit, variance, building permit or certificate of occupancy provisions of this chapter.
[Added 1-30-1996 by L.L. No. 2-1996]
