[Added 9-12-2005 by L.L.
No. 1-2005; amended 3-19-2007 by L.L. No. 1-2007; 1-14-2013 by L.L. No. 1-2013]
A. Notwithstanding any other provision of this chapter to the contrary,
the Board of Trustees, upon application or its own motion, may in
its sole discretion permit a CA use to be established in a C-1, C-2,
C-3, C-X or P District. Such action shall be adopted and approved
by resolution following a majority vote of the Board of Trustees at
an open public meeting.
[Amended 6-21-2021 by L.L. No. 3-2021]
B. In exercising its discretion to permit a CA use in a C-1, C-2, C-3,
or C-X District, the Board of Trustees shall weigh and balance the
economic, environmental, and social benefits to the Village and the
surrounding neighborhood of the proposed residential CA use against
any existing and/or potential economic, environmental and social detriments
to the Village and surrounding neighborhood caused by the continued
commercial uses permitted as a matter of right in the district.
C. Notwithstanding any provision of this chapter to the contrary, and
in keeping with the stated purposes of the CA use to foster the economic,
environmental and social development of the Village and to promote
the health, safety, general welfare and ambience of the Village, all
bulk, lot, height, yard, density, setback, parking, loading and other
requirements shall be in the sole discretion of the Board of Trustees.
D. The Board of Trustees may impose any conditions that it may be deem
necessary to accomplish the purposes of this article.
A.
The Board of Appeals shall have final site development plan review and approval authority on any application to establish a CA District. The Board of Appeals may approve, approve with modifications or disapprove site development plans prepared in accordance with the specifications set forth in Article
XXVII of this chapter.
B.
This article incorporates by reference, as if fully stated herein, the provisions contained in Article
XXVII, and any amendments made hereinafter.
This article incorporates by reference, as if fully stated herein, the provisions contained in Article
XXXII and any amendments made hereinafter.
[Added 12-19-2022 by L.L. No. 5-2022]
A.
The Village may hire any consultant and/or expert necessary
to assist the Village or any of its Departments in reviewing and evaluating
the application, including the construction of the site, once permitted,
and any site inspections.
B.
An applicant shall deposit with the Village Treasurer escrow
funds sufficient to reimburse the Village for all reasonable costs
of the Village's consultant in providing expert evaluation and consultation
to any agency of the Village in connection with the review of any
application, including any expert consultation and/or legal services
deemed necessary by the Building Department, Board of Trustees, and/or
the Board of Zoning Appeals. The initial deposit for an application
shall be $10,000. The Village Treasurer will maintain a separate escrow
account for all such funds. The Village's consultants/experts shall
invoice the Village Department employing its services related to the
application.
C.
If at any time during the process this escrow account has a
balance less than $2,500, the applicant shall immediately, upon notification
by the Village or consultant, replenish said escrow account so that
it has a balance of at least $5,000. Such additional escrow funds
shall be deposited with the Village before any further action or consideration
is taken on the application. In the event that the amount held in
escrow by the Village is more than the amount of the actual invoicing
at the conclusion of the project, the remaining balance shall, upon
request of the applicant, be promptly refunded to the applicant.
D.
When notified by the Village that additional escrow is required,
the applicant may request copies of invoices paid to consultants and/or
experts. If the applicant finds errors in those invoices, the applicant
may ask the Village to audit those specific items for reasonableness,
and may request relief therefrom.
E.
The total amount of the funds needed as set forth in Subsection
B of this section may vary with the scope and complexity of the project, the completeness of the application, and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.