[Added 11-7-2011 by L.L. No. 5-2011; amended 8-4-2014 by L.L. No. 5-2014]
A.
Upon review and consideration of expert analysis, studies and reports,
the Board of Trustees of the Village of Farmingdale ("Board") has
determined that it is in furtherance of the health, safety and general
welfare of the Village and its residents to enhance and revitalize
the Village downtown and that various changes are necessary to do
so. In connection with its study of revitalizing the downtown, the
Village has developed a proposed downtown master plan: "Downtown Farmingdale
2035: A Downtown Master Plan" ("Downtown Plan"). The Downtown Plan
identifies various existing conditions which stand in the way of a
revitalization of the downtown and calls for the implementation of
various actions to encourage and facilitate the creation of such a
downtown. The Board finds that the creation of a Downtown Mixed-Use
("D-MU") Zoning District is necessary to create and sustain a vibrant,
attractive and economically flourishing downtown. The Board finds
that transit-oriented development ("TOD") at the Long Island Railroad
("LIRR") train station with a strong and intentional connection to
Main Street, as well as an active, pedestrian-friendly Main Street,
encouraging walking, bicycling and transit use, are necessary to revitalize
the downtown. The Board finds that an environment which includes a
mixture of commercial and residential uses, building in proximity
to the train station, and encouraging greater demand on local businesses
in downtown Farmingdale, to be conducive to the proper development
of the downtown. It is the intent of the Board to allow for graduated
densities of development in four sub-areas within the zoning district
boundaries, with the greatest intensity of development permitted for
areas closest to the train station. It is the Board's intention to
have no more than two full stories of habitable space above the ground
level. The Board finds that a pedestrian-friendly commercial area,
with off-street parking located to the rear of downtown buildings
and ground-floor uses on Main Street which foster pedestrian activity
with restaurants, shops, and personal service establishments, providing
a lively streetscape, are necessary to revitalize the downtown. The
Board finds that uses that do not foster pedestrian traffic should
be limited to upper floors. The Board also finds that it is important
to regulate the design and architectural characteristics of development
so as to encourage a neighborhood identity which promotes pedestrian
activity, human interactions, safety and livability. A revitalized
downtown which encourages a mix of moderate- and high-density development
within walking distance of the LIRR train station will increase transit
ridership; provide an alternative to traditional development by emphasizing
mixed use, pedestrian-oriented development; encourage building reuse
and infill to create higher densities; reduce auto dependency and
roadway congestion by locating multiple destinations and trip purposes
within walking distance of one another; provide a range of housing
options for people of different income levels and at different stages
of life; and allow the Village to take advantage of the Village's
location and the new industries relocating in area of Route 110, supporting
new uses, ancillary uses and housing for advancing science and technology.
The Board also finds it necessary for the revitalization of the downtown
the improvement, and creation, of additional open spaces for recreational
activities. In order to effectuate the intent and purpose of this
article, it is necessary for the Board to have the authority to waive
or alter the provisions of this article, in a manner consistent with
this article.
As used in this article, the following terms shall have the
meanings indicated:
A use, building or structure on the same plot with, and of
a nature customarily incidental and subordinate to, the principal
use, building or structure.
Any change, addition or modification in construction or arrangement
of a building or structure; or any change in use; or removal of a
building or structure from one location to another.
Any structure, or any part thereof, used or intended for
supporting or sheltering any use or occupancy.
The aggregate of the entire horizontal cross-sectional area,
including projections, of the main building and accessory buildings
on a plot.
Any building or portion thereof which is used exclusively
for nontransient, residential purposes and accessory uses permitted
herein.
A building containing two or more dwelling units.
A building or portion thereof designed for occupancy by,
and containing housekeeping facilities for, one family only.
The sum in square feet of the areas of all floors of a building
or buildings, measured from the exterior faces of exterior walls or
from the center line of a party wall separating two buildings, and
including cellar, basement, interior balconies and mezzanines, enclosed
porches and the floor area of accessory buildings; provided that the
term shall exclude the floor area of cellar, basement and penthouse
areas or portions thereof where a permissible use is designated exclusively
for dead storage, off-street parking facilities or utility or other
equipment installed for the normal operation and maintenance of such
building or buildings.
The total floor area, in square feet, of a building or buildings
divided by the total area, in square feet, of the plot on which the
building or buildings are situated.
The average level before excavation of that portion of a
plot enclosed or intended to be enclosed by the foundation of a building.
The vertical distance measured from the level of the finished
adjoining ground or grade to the highest point of the roof deck in
the case of flat roofs and to the mean level between the eaves and
the highest point of the roof in the case of other than flat roofs.
Each side of the building shall meet this requirement separately.
A building, part of a building or a group of buildings in
which sleeping accommodations are provided and used primarily for
transient occupancy, in which there are also provided, on a twenty-four-hour
basis, desk service, maid, telephone and bellboy service and the furnishing
of linens.
Any building or structure which does not conform to the area,
bulk, height, location or yard regulations prescribed for the district
in which such building is situated.
Any use of land, or of a building or structure, which use
does not conform to the use regulations prescribed for the district
in which such land, building or structure is situated.
Land area that is open to the air not occupied by any structures
and landscaped or left in its natural state. Open space shall not
include walkways, driveways, parking lots or parking structures except
the landscaped top of a below-grade parking structure.
That part of any building comprised between the level of
one finished floor and the level of the next higher finished floor,
or if there is no higher finished floor, then that part of the building
comprised between the level of the highest finished floor and the
top of the roof beams.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story, and no more than 30% of the
running plate length of each wall is dormered or used as habitable
space.
Any combination of materials forming any construction. The
word "structure" shall be construed as though followed by the words
"or part thereof."
A single-family dwelling unit, constructed in a group of
two or more attached units in which each unit extends from foundation
to roof, and with open space on at least two sides.
The purpose for which land or a building or structure is
used, or for which either is or may be occupied or maintained.
An open, unoccupied space on the same lot with the building,
open and unobstructed from the ground to the sky, except as otherwise
provided in this article.
A yard extending between the side lines of the lot and lying
between the front line of the lot and the nearest point of the building.
A yard extending between the side lines of the lot and lying
between the rear line of the lot and the nearest point of the building.
A yard between the side line of the lot and the nearest point
of the building and extending from the front yard to the rear yard
or, in the absence of either of such yards, to the front or rear line,
as the case may be, of the lot.
[Amended 12-7-2020 by L.L. No. 1-2021]
A.
Principal uses.
(1)
In the D-MU Zoning District the following uses, and no other,
shall be permitted on the ground level:
(a)
Art or craft supply store, studio or gallery.
(b)
Antique shop.
(c)
Bakery, health food store, ice cream parlor, specialty food
store, grocery store, supermarket, candy store, delicatessen or any
retail store that prepares or sells food or drink or an eating or
drinking establishment, provided such use does not have a dining area
of more than 300 square feet and no more than 12 seats, and provided
that hours of operation of such use are between the hours of 5:00
a.m. and 11:00 p.m. (except a bakery, which may be operated from 4:00
a.m. to 11:00 p.m.). Retail stores or eating or drinking establishments
that provide live entertainment are to be permitted as special use
permits only.
(d)
Bank, credit union, or financial institutions.
(e)
Barber shop or beauty parlor.
(f)
Bicycle store.
(g)
Bookstore.
(h)
Pharmacy.
(i)
Florist.
(j)
Camera store.
(k)
Clothing store.
(l)
Computer sales, supplies and repair store.
(m)
Collectible or memorabilia store.
(n)
Dry cleaner, provided no cleaning is performed on premises.
(o)
Gift shop.
(p)
Health club.
(q)
Jewelry store.
(r)
Martial arts, yoga and dance studio.
(s)
Mobile telephone, electric appliances and other electronics
store.
(t)
Municipal park, building and other municipal use, including
municipal parking lot and municipal parking structure.
(u)
Nail salon.
(v)
Office of a lawyer, accountant, insurance agent, doctor, dentist,
chiropractor or other health care provider licensed by the State of
New York.
(w)
Optician and eyeglass store.
(x)
Other convenience retail establishment, such as a cosmetic store,
drugstore, hardware store and music/video sale and/or rental store.
(y)
Pet store, pet grooming store or pet supply store, provided
that they are no greater than 3,000 square feet in area.
(z)
Professional school, learning center, test preparation center
and other similar uses.
(aa)
Real estate office, medical office.
(bb)
Shoe store or repair shop.
(cc)
Travel agency.
(dd)
Vitamin store.
(2)
In the D-MU Zoning District the following uses, and no other,
shall be permitted on the upper levels:
(a)
All uses set forth in § 600-127A(1);
(b)
Administrative, professional, medical and other office uses;
and
(c)
Professional school, learning center, test preparation center
and other similar uses.
[Amended 1-5-2015 by L.L.
No. 1-2015; 7-6-2015 by L.L. No. 6-2015; 10-5-2015 by L.L. No. 8-2015; 12-7-2020 by L.L. No. 1-2021]
A.
For all applications to the Village Board of Trustees under this section, the procedural guidelines set forth in §§ 600-221, 600-222, and 600-223 of this chapter shall be applicable. Only the following uses, and no others, may be permitted by special use permit issued by the Village Board of Trustees after a public hearing in accordance with § 600-138 of this chapter:
(1)
In the D-MU Zoning District, the following uses, and no others,
may be permitted on the ground floor by special use permit:
(a)
Bakery, health food store, ice cream parlor, specialty food
store, grocery store, supermarket, candy store, delicatessen or any
retail store that prepares or sells food or drink or an eating or
drinking establishment, where such use has a dining area of more than
300 square feet and more than 12 seats or where the hours of operation
are before 5:00 a.m. or after 11:00 p.m. (except a bakery, which may
be operated from 4:00 a.m. to 11:00 p.m.).
(b)
Bar and grill establishment.
(c)
Butcher shop.
(d)
Cabinetmaking, furniture or upholstery business.
(e)
Cinema, movie theater, theater and performing arts theater.
(f)
Coffee shop.
(g)
Community center.
(h)
Fish market.
(i)
Funeral parlor.
(j)
Manufacturing use as accessory to a retail use.
(k)
Museum.
(l)
Other ground floor office use which the Board of Trustees finds
is consistent with the intent and purpose of this article.
(m)
Pet store, pet grooming store or pet supply store which is greater
than 3,000 square feet, provided that it does not front on Main Street
and is located in the southern sub-area.
(n)
Place of worship.
(o)
Planned shopping centers, retail auto parts stores, drive-up
or drive-through windows, but only in the southern sub-area.
(p)
Recreational facility.
(q)
Restaurant.
(2)
In the D-MU Zoning District, on the ground floor, any use determined by the Board to be of the same general character as the uses identified in §§ 600-127A(1) and 600-128A(1) may be permitted by special use permit.
(3)
The following residential uses, and no others, may be permitted
on the upper levels by special use permit:
(a)
Multifamily dwellings, provided that the ground floor of the dwelling contains only those permitted uses identified in §§ 600-127A(1) and 600-128A(1). For residential units along Main Street, entrances to the dwelling units may be in the front of the building, fronting on Main Street, by special permit. No multifamily dwelling shall be permitted unless the entire building conforms to the rules and regulations of the D-MU Zoning District. For purposes of this subsection, § 600-211 of this chapter, which prohibits residential buildings in business and industrial districts, shall not apply.
(b)
Dwelling units along Main Street, provided they are located only in the upper levels, above any of the permitted uses identified in §§ 600-127A(1) and 600-128A(1) and that suitable ingress and egress to the dwelling units are provided from the exterior and rear of the of the building. For purposes of this subsection, § 600-211 of this chapter shall not apply.
(4)
Dwelling units on the ground level shall be permitted by special use permit after a public hearing in accordance with § 600-138, provided that such ground level residential units do not front on Main Street and all egress/ingress to the permitted Main Street ground level residential units is situated in the rear of the building.
(5)
All dwelling units shall be subject to the additional following
conditions:
(a)
Any applicant for mixed-use dwelling units shall be required
to demonstrate that there is suitable and adequate means of garbage
pickup, security service, fire egress, emergency access, light, maintenance
service, superintendent availability and other similar matters affecting
the safety and quality of life of the occupants of the dwelling units.
The applicant shall also demonstrate the proper protection of existing
fire egress, light, window views and accessibility of emergency services
of neighboring structures. The Board shall establish and impose such
conditions as it deems necessary in connection herewith; and
(c)
In an effort to protect the health, welfare and safety of the
residents of all dwelling units, all owners or occupants of these
dwelling units who shall rent such units shall be required to obtain
a rental permit. In order to obtain a rental permit, all owners or
occupants shall submit a yearly residential rental permit application
and pay a yearly rental permit fee. Prior to the issuance or renewal
of the rental permit, the Village shall inspect the dwelling unit.
In the event that the owner or occupant refuses to permit the inspection,
the Village shall have the right to seek a search warrant from a court
of competent jurisdiction in order to enable such inspection. The
rental permit fee shall be set from time to time by resolution of
the Board of Trustees. No rental permit shall be issued or renewed
unless the requirements of this section have been met.
(6)
Hotels shall be permitted by special use permit, provided they
are located within 500 feet of the LIRR train station, measured from
the outermost boundary of the building located upon the LIRR property;
do not include ground level retail, restaurant, personal service,
or similar uses other than a small shop for items of personal hygiene,
and provision is made for outdoor open space or plaza areas accessible
to the general public.
(8)
In the D-MU Zoning District on the upper floors, any use determined by the Board to be of the same general character as the uses identified in § 600-127A(2) may be permitted by special use permit.
(9)
Residential townhouse developments. The limitations set forth in § 600-128A(3) shall apply to residential townhouse developments in the D-MU Zoning Districts.
[Amended 10-5-2015 by L.L. No. 8-2015]
The following uses and any use not permitted in §§ 600-127 and 600-128 shall be prohibited in the D-MU Zoning District.
|
Adult-oriented business or use; strip club, bowling alley, skating
rink, and other large-scale recreation building and/or use.
|
|
Car wash.
|
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Check-cashing establishment.
|
|
Drive-in theater.
|
|
Dry cleaners where cleaning is done on site.
|
|
Gambling or games of chance establishment.
|
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Gasoline station, motor vehicle repair or auto body shop.
|
|
Kennel or pet-boarding facility.
|
|
Laundromat.
|
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Motel.
|
|
Hotel, except those permitted pursuant to § 600-128A(6).
|
|
New or used automotive showroom or car lot.
|
|
Outdoor storage use.
|
|
Pawnshop, including auction house.
|
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Private parking lots or structure.
|
|
Tattoo Parlors.
|
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Veterinary clinic or hospital.
|
Consistent with the Downtown Plan, the D-MU Zoning District
is divided into three sub-areas as indicated on the D-MU Zoning District
Map.[1] The following lot and bulk controls allow greater intensities
of development for areas closest to the LIRR station, as part of a
TOD revitalization program.
|
Northern and Eastern Sub-Area
|
Central Sub-Area
|
Southern Sub-Area
| ||
|---|---|---|---|---|
|
1.
|
Maximum floor area ratio
|
2.0
|
1.5
|
1.5
|
|
2.
|
Maximum building area coverage
|
90%
|
90%
|
75%
|
|
3.
|
Maximum residential density for multifamily buildings
|
40 units/acre
|
40 units/acre
|
30 units/acre
|
|
4.
|
Maximum building height
|
3 1/2 stories or 36 feet
|
3 1/2 stories or 36 feet
|
2 1/2 stories or 30 feet
|
|
5.
|
Maximum building setback from front lot line (build to line),
except for pedestrian plaza areas
|
0 feet
|
0 feet
|
10 feet
|
|
6.
|
Minimum side yards
|
None required
|
None required
|
None required
|
|
7.
|
Minimum rear yard
|
None required
|
None required
|
15 feet
|
|
8.
|
Minimum landscaped buffer area when adjacent to residential
uses
|
25 feet
|
25 feet
|
25 feet
|
|
9.
|
Minimum dwelling unit size
|
750 square feet
|
750 square feet
|
850 square feet
|
[1]
Editor's Note: Said map is on file in the Village offices.
A.
Minimum spaces required.
(1)
Dwelling units and multifamily dwelling units: one space for
each studio; 1.5 spaces for one bedroom; two spaces for two bedrooms;
and 0.5 additional space for each additional bedroom in the dwelling
unit.
(2)
Retail and personal service establishments: one space for each
200 square feet of gross floor area.
(3)
Restaurant, bar and grill, and similar uses: one space for every
three seats, plus one additional space for every three lineal feet
of bar, plus one space for every two employees or one space for each
200 square feet of gross floor area, whichever is greater.
(4)
Offices, financial institutions, and studios: one space for
each 250 square feet of gross floor area.
(5)
Church, temple, place of worship, or similar place of assembly:
one for each five seats.
(6)
Professional school, learning center or test preparation center:
five per classroom or teaching station, plus one for each teaching
and nonteaching staff person.
(7)
Nursery school or day-care center: one for each five seats in
a main assembly room or two for each classroom, plus one for each
250 square feet of office floor area, whichever is greater.
(8)
Funeral establishment: 10 per parlor or chapel, and not less
than 20 in any case.
(9)
Any other use, structure or building not otherwise expressly
provided for herein: one per each 150 square feet of floor area or
as determined by the Board of Trustees upon consultation with the
Superintendent of Buildings.
B.
Reduction of required parking for uses near municipal parking fields. The provisions set forth in § 600-143 of this chapter shall apply to D-MU uses that are located within 500 feet of a municipal parking field, including the potential payment of a fee as a substitute value for parking spaces waived by the Board of Trustees.
C.
Loading requirements. The minimum number of off-street loading and unloading spaces shall be governed in accordance with Chapter 600, Article XIX. These requirements may be waived by the Board of Trustees as part of the site plan approval process, where such loading is infeasible given existing parking lots that otherwise serve the subject site, in accordance with § 600-132.
[Amended 11-2-2015 by L.L. No. 11-2015]
[Amended 12-7-2020 by L.L. No. 1-2021]
A.
The Board of Trustees shall have all those powers set forth in New York State Village Law § 7-703. The Board of Trustees, following a public hearing pursuant to § 600-138 of this chapter, may, at its discretion, award incentive bonuses to applicants who provide or make provision for amenities and facilities, such as open space, parks and recreational facilities, streetscape amenities, landscaping, energy-efficient building techniques, a greater number of workforce or affordable housing units, road improvements, water and sewer system improvements or other specific physical, social or cultural amenities, or cash in lieu thereof, of benefit to the residents of the Village. In exchange therefor, the Board of Trustees may, at its discretion, vary the required density, coverage and floor area ratios, parking requirements, building heights, required setbacks, topographical changes, open space, and permissible uses in the district, provided such variance is consistent with the intent and purpose of this article.
B.
To evaluate the adequacy of the proposed benefits to be accepted
in exchange for the requested development incentives, the applicant
shall, as part of its initial submission to the Village, submit an
application for development incentive bonuses to the Village Building
Department along with the payment of any applicable fees which shall
be set from time to time by resolution of the Board of Trustees. The
application for development incentive bonus shall include the following:
(1)
A description of the proposed amenities outlining the benefits
that will accrue to the community;
(2)
The economic value of the proposed amenities to the Village
as compared with the economic value of the proposed incentives to
the applicant, which analysis shall include a comparison of the long-term
economic impact of the proposed amenities to the Village compared
to the long-term economic value of the incentives to the applicant.
For purposes of this section, "long-term" shall be defined as a term
of 10 years or more;
(3)
A preliminary demonstration that there are adequate sewer, water,
transportation, waste disposal and fire-protection facilities serving
or proximate to the proposed development to handle the additional
demands the increased density, incentive or amenity may place on such
facilities or the Village beyond the demand that would otherwise occur
with as-of-right development; and
(4)
An explanation of the physical, social and/or cultural impact
of the amenity upon the D-MU Zoning District.
C.
Authorization for development incentive bonuses shall be subject to approval by the Board of Trustees after a public hearing in accordance with § 600-138 of this chapter. Upon completion of the public hearing to consider the application for development incentive bonuses, the Board of Trustees shall grant or deny the application. The Board of Trustees shall determine whether the proposed amenities provide sufficient public benefit to provide the requested incentives. In the event that the Board of Trustees grants the application, it may impose such terms and conditions as it deems necessary. If the Board of Trustees determines that a suitable community benefit or amenity is not immediately feasible, or otherwise not practical, the Board of Trustees may require, in lieu thereof, or in addition thereto, a payment to the Village of a sum to be determined by the Board of Trustees. If cash is accepted in lieu of other community benefit or amenity, or in addition to a benefit deemed to be insufficient, provisions shall be made for such sum to be deposited in a trust fund to be used by the Board of Trustees for specific community benefits authorized by the Board of Trustees.
D.
The Board of Trustees may not grant incentive bonuses to permit:
(1)
Buildings with heights in excess of 40 feet or 3 1/2 stories,
except that the Board may grant incentive bonuses in excess of 40
feet, provided such height in excess of the 40 feet is limited to:
architectural or design elements or relief; mechanical rooms or areas
for the storage of mechanicals, such as HVAC equipment; penthouses
for elevators or stairways; skylights; chimneys and/or flues; or renewable
energy equipment. No more than 30% of the running plate length of
each wall in a pitched roof may be dormered or used as habitable space.
The maximum roof pitch shall be a 12 on 12 pitch. Under no circumstance
may the maximum vertical portion of any portion of a pitched roof
exceed 45 feet;
(2)
Densities in the Northern, Eastern and Central Sub-Areas in
excess of 60 units per acre; densities in the Southern Sub-Area in
excess of 45 units per acre;
(3)
Maximum building area coverage greater than 90%;
(4)
Minimum dwelling unit size less than 550 square feet;
(5)
Any variance related to parking for the residential component
of any development; or
In exchange for any density bonuses granted pursuant to § 600-132, the Village shall require not less than 10% of all multifamily or mixed-use units in any D-MU development to be designated as workforce or affordable housing, targeted to households with incomes less than 80% of the area median income (AMI) for Nassau County, as defined by the United States Department of Housing and Urban Development (HUD), and with unit sales prices or rents not to exceed 30% of the household's annual income. In the alternative, the Board of Trustees may permit the developer to make provision of other land and the construction of the required affordable workforce housing units that are not part of the applicant's current subdivision plat or site plan but are to be provided on another site within the same local government; or make the payment of a fee in accordance with § 699 of the General Municipal Law. For buildings with less than four units, the workforce or affordable housing requirements set forth in this section shall not apply. Workforce or affordable housing units shall comply with all requirements set forth by the Village Board of Trustees at the time of site plan approval in relation to unit occupancy, location, design, and continued affordability over time.
All developments in the D-MU Zoning District shall be subject to site plan review in accordance with Article XXXIII of this chapter.
Any building, structure or use existing on the effective date
of this article may be continued on the same lot although such building,
structure or use does not thereafter conform to the regulations of
the D-MU Zoning District. A nonconforming building, structure or use
is deemed abandoned and may not be reestablished where such nonconforming
building, structure or use has been discontinued for a period of six
months. A lawfully preexisting, nonconforming building, structure
or use may not be enlarged or reconstructed. If less than 50% of the
total square feet of a building or structure is destroyed or otherwise
requires repairs and alterations due to any accidental or unintentional
cause, then in that event the building may be restored and enjoy its
nonconforming status, provided that such restoration or repair is
completed within six months and such restoration does not enlarge
the preexisting nonconformity. In the event that more than 50% of
the total square feet of a building or structure is destroyed or otherwise
requires repairs, then in that event the building or structure shall
be restored in conformity with this, the D-MU Zoning District. Notwithstanding
anything herein to the contrary, a nonconforming use which is replaced
by, or converted to, a conforming use is extinguished and shall not
be reestablished.
This article is not intended to release an applicant from other
requirements of this chapter. If the provisions of this article are
silent on any matter, the requirements of this chapter shall be applicable
to the D-MU Zoning District. Wherever the requirements of this article
are at variance with the requirements of this chapter, or any other
lawfully adopted rule, regulation, local law or other enactment, the
most restrictive or that imposing the highest standards shall govern
unless a contrary intent is expressly stated. If any section, paragraph,
subdivision, clause or provision of this chapter shall be adjudged
illegal or invalid, such adjudication shall apply only to the section,
paragraph, clause or provision so adjudged, and the section, paragraph,
clause or provision so adjudged shall be severed and the remainder
of this chapter shall remain valid and effective.
All applicants under this article shall be required to pay the
cost associated with engineering, environmental, architectural, legal
and other consulting professionals retained by or on behalf of the
Village which are deemed necessary by the Village. No building permit
shall be issued until all expenses incurred by the Village for engineering,
environmental, architectural, legal and other consulting professionals'
consultation fees or other expenses incurred by the Village in connection
with this article are reimbursed to the Village by the applicant.
The Village may require, at the time of the application pursuant to
this article, that the applicant deposit with the Village Clerk such
amount to cover consultation fees and other expenses as shall be established
from time to time by resolution of the Board of Trustees.
A public hearing shall be required for all applications for
special use permits and incentive bonuses. Public notice shall be
given by publication in the official Village newspaper of such hearing
at least 10 days prior to the date thereof. Before any such application
may be heard by the Board of Trustees, a complete and accurate list
of the names and addresses of the owners of all the lands within a
radius of 200 feet of the property affected by such application as
appears on the latest completed assessment roll of the Incorporated
Village of Farmingdale shall be submitted simultaneously with the
application. The applicant shall send, by certified mail, to each
owner shown on the applicable list, no less than 10 days nor more
than 20 days before the date set for a hearing upon this application,
a notice addressed to such owners, signed by the applicant, generally
identifying the property affected thereby and setting forth the nature
of the application and/or the development incentive bonuses requested
and the date, hour and place fixed by the Board of Trustees for a
hearing thereon. Before such cases may be heard by the Board of Trustees,
the applicant must file with the Village Clerk, not later than five
days prior to the hearing date, an affidavit of the mailing of such
notice as herein provided, said affidavit to be made on forms to be
provided by the Board of Trustees.
This article shall become effective immediately, as provided
in the Municipal Home Rule Law, upon being filed with the Secretary
of State of the State of New York.
