[HISTORY: Adopted by the Board of Trustees of the Village
of Brewster 9-18-2013 by L.L. No. 3-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 263
[1]
Editor's Note: This local law also stated that it shall
remain in force for a consecutive period of 12 months from its effective
date unless extended. Local Law No. 2-2014, adopted 9-3-2014, extended
this chapter for a period of 12 months from its effective date. Additionally,
L.L. No. 3-2015, adopted 9-2-2015, extended this chapter for a period
of three months from its effective date.
This chapter shall be known as the "Interim Development Law"
and may be cited as the "Interim Development Law of the Village of
Brewster" (the Village).
A.
Background.
(1)
The Village has commenced a program of urban renewal for certain
portions of the Village for, among other things, the promotion of
economic growth and development and for the removal of blighted, substandard,
unsanitary, deteriorated and deteriorating conditions which negatively
impact the residents of the Village, their safety, health, morals
and welfare, and their property values.
(2)
The Village desires to proceed with its program of urban renewal
by updating its Comprehensive Plan and adopting appropriate amendments
to its Zoning Code and Map (collectively, the "CPU") and, in conjunction
therewith, adopting a plan for urban renewal consistent with certain
other plans and studies which it has obtained, including a Blight
Determination Study, dated November 2011, prepared by Ferrandino &
Associates Inc., a Niche Marketing Plan, dated March 2009, prepared
by E.M. Pemrick & Company, and a plan entitled "Envision Brewster"
prepared by Hudson Valley Pattern for Progress Fellows.
B.
Findings of fact. The Board of Trustees of the Village does hereby
find that, pending the completion and adoption of the CPU and an urban
renewal plan, appropriate measures should be taken for a reasonable
interim period to prevent any further development of the area to be
designated for urban renewal as such further development may adversely
impact or destroy the integrity of the CPU update and its purposes,
components and goals.
During the effective period of this chapter as provided herein:
A.
The Village Board of Trustees shall not accept, process, review or
approve any applications, petitions or requests (collectively, "applications")
for approval or issuance of special use permits or amendments, including
extensions, of any existing special use permit; or amendments to the
Village Zoning Code or Map.
B.
The Village Planning Board shall not accept, process, review or approve any applications for site development plan approval, or amendments, including extensions, of any existing approved site development plan; special exception use permits or amendments, including extensions, of any existing special exception use permit; subdivision approval or amendment of an existing or previously approved subdivision plat. The restriction set forth in this Subsection B shall not apply to processing, review or approval of applications pursuant to which preliminary subdivision approval has been granted, and is effective as of the date of this chapter, and shall not apply to processing, review or approval of applications that are pending before the Planning Board as of the date of this chapter.
C.
The Village Zoning Board of Appeals shall not accept, process, review
or approve any appeals, applications for variances or interpretations,
or the amendment of any of the foregoing granted or approved prior
to the effective date hereof.
D.
The Building Inspector shall not accept, process, review, grant or
approve any applications for building permits, operating permits,
certificates of compliance or certificates of completion, except that
certificates of occupancy or certificates of completion may be issued
in order to approve work completed pursuant to and in accordance with
valid building permits lawfully issued prior to the effective date
of this chapter. This chapter shall not prohibit the Building Inspector
from issuing building permits or certificates with respect to repairs
or replacements that do not result in a change or expansion of a use
or the expansion of a structure, and as long as such activity does
not require the approval of the Planning Board, Zoning Board of Appeals
or Board of Trustees.
A.
The Board of Trustees shall have the power to vary or modify the
application of any provision of this chapter to a specific property
upon its determination, in its sole and absolute legislative discretion,
that such variance or modification is consistent with the spirit of
the intent of the CPU update and urban renewal plan and with the health,
safety and general welfare of the Village, and upon finding that the
application of the provisions of this chapter to that specific piece
of property will cause undue economic hardship; and that such hardship
is unique to that specific property.
B.
Upon receiving any application for such variance or modification,
the Village Board shall, except for variances related solely to the
issuance of a certificate of occupancy or completion, refer such application
to the Planning Board for a report with respect to the effect of the
prospective variance or modification upon the intended urban renewal
plan and the health, safety and general welfare of the Village. The
Village Clerk shall forward all applications for relief to the Planning
Board within 48 hours of receipt of same, and the Planning Board shall
cause its report to be completed within 30 days of its receipt of
same from the Village Clerk. The application shall thereafter be heard
on the next agenda of the Village Board. The granting of approval
of any requested variance or modification by the Village Board shall
authorize and permit the involved Board or Department of the Village
to accept, process, review or approve and otherwise act on the application
for which the variance or modification was sought.
Any person, firm, entity or corporation that shall violate any of the provisions of this chapter shall be subject to penalties as are otherwise provided by law or ordinance of the Village of Brewster for violations of provisions of Chapter 263 of the Village Code (Zoning).
This chapter shall apply to all properties within the Village
of Brewster.
The invalidity of any word, section, clause, paragraph, sentence,
part or provision of this chapter shall not affect the validity of
any other part of this chapter which shall be given effect without
such invalid part or parts.
A.
All ordinances or local laws or parts thereof in conflict with the
provisions of this chapter are hereby suspended or superseded to the
extent necessary to give this full force and effect during the effective
period.
B.
During the duration of time that this chapter is in effect, it shall
supersede inconsistent provisions of Village Law, Article 7, including
but not necessarily limited to §§ 7-710, 7-712, 7-712-a,
7-712-b, 7-712-c, 7-716, 7-725-a, 7-725-b, 7-728, 7-730, 7-731, 7-732,
and 7-738.
Notwithstanding any provision of Village Law to the contrary, and specifically based upon the supersession of Village Law § 7-728 provided for in § 150-8 above, during the period that this chapter, or any extension thereof, is in effect, in reviewing subdivision applications as may be permitted by this chapter, the failure of the Planning Board to take action upon any application shall not be deemed an approval of such application and the Village Clerk shall not issue a certificate therefor.
