Village of Port Chester, NY Administration, Procedure and Enforcement

Designation of Zoning Administrator. The Zoning Administrator under this chapter shall be divided by the Village Manager into three Department Zoning Administrators, designated as follows:

The Director of Planning and Economic Development is designated as the Zoning Administrator for Building and Lot Plans, Site Plans, Development Parcel Plans, Special Exception Uses, and Subdivisions.

The Building Inspector is designated as the Zoning Administrator for Building Permits, Sign Permits, and certificates and other permits under the Building Inspector's jurisdiction.

The Director of Code Enforcement is designated as the Zoning Administrator for enforcement of the provisions of this chapter under § 345-813.

Department Zoning Administrator Authorization and Duties. It shall be the duty of the Department Zoning Administrator or his/her designee, and the Department Zoning Administrator is hereby authorized as follows:

Director of Planning and Economic Development.

Determine the categorization of development review, per § 345-805C.

Review and determine whether development review plans and applications are in compliance with the standards and requirements of this chapter.

Review and determine whether development review plans and applications submitted pursuant to this chapter are complete with all standards and requirements hereof.

Review and determine whether subdivision plans and applications submitted pursuant to Chapter A402 are complete with all standards and requirements therein.

Take all actions and discharge all duties and responsibilities under this chapter as directed by the Planning Commission, Zoning Board of Appeals, or Board of Trustees.

At his/her discretion, request as a condition of any approval that an as-built plan be provided and that he/she signs off on the as-built plan before a Certificate of Occupancy is issued, per § 345-810 of this chapter.

[7]

Issue Zoning Verification Letters upon request and with payment of the appropriate fee, as set forth in Chapter Village Code 175 (Fees).

[8]

Adopt rules of procedure, consistent with this chapter, to assure efficient and uniform administration of its provisions.

Building Inspector.

To approve, approve with conditions or disapprove Building Permits, Sign Permits, and certificates and other permits under the Building Inspector's jurisdiction when, after review, are found to be in compliance with this chapter.

Issue determinations as to Building Permits, Sign Permits, and certificates and other permits under the Building Inspector's jurisdiction.

Adopt rules of procedure, consistent with this chapter, to assure efficient and uniform administration of its provisions.

Director of Code Enforcement.

Enforce the provisions of any valid permit, certificate, or any approved Site Plans, Development Parcel Plans, Special Exception Uses, subdivision and Zoning Permits issued in compliance with this chapter.

Enforce the provisions of any valid permit, certificate, or any approved Site Plans, Development Parcel Plans, Special Exception Uses, subdivision and Zoning Permits issued prior to the adoption of this chapter.

Adopt rules of procedure, consistent with this chapter, to assure efficient and uniform administration of its provisions.

Method of Acting.

Each Department Zoning Administrator may authorize one or more designees.

The Village Manager may appoint an acting Department Zoning Administrator should a Department Head position be vacated.

Each respective Department Zoning Administrator has final authority for decisions made pursuant to the duties as stated in § 345-802A(2).

Any aggrieved person or official may submit an application to the Zoning Board of Appeals for an interpretation or review of a decision made the Department Zoning Administrator.

(Reserved)

§ 345-803 Decisionmaking authorities.

General.

Authority under this chapter shall be vested in and delegated to the officials and Decisionmaking Authorities designated in this chapter, the Village Code, and the New York State Village Law. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and Decisionmaking Authorities.

The officials and Decisionmaking Authorities shall have all implied authority necessary to carry out the duties and responsibilities expressly provided in this chapter to the extent the implied authority is not in conflict with the expressed authority.

Board of Trustees.

Duties. The Board of Trustees shall perform all duties and functions assigned to boards of trustees under New York State Village Law, this chapter, and any other applicable chapter of the Village Code.

Certain Specific Authority. Without limitation, the Board of Trustees is authorized to:

Amend this chapter and the Zoning Map, as described in § 345-807.

Review and act on applications for proposed Site Plans, Development Parcel Plans, Special Exception Uses, Zoning Permits involving property in SD-PMU, excluding Wireless-Telecommunications-Facilities-only applications, which the Planning Commission is authorized to review and act on.

Actions. Such actions may include approval, conditional approval or disapproval based on the standards and requirements set forth in or established pursuant to this chapter.

Planning Commission. The Planning Commission shall perform all duties and functions assigned to planning commissions under New York State Village Law, this chapter, and any other applicable chapter of the Village Code. Without limitation, the Planning Commission is hereby authorized to review and act on applications for proposed Site Plans, Development Parcel Plans, Special Exception Uses, and Zoning Permits, other than those involving property in SD-PMU, excluding Wireless-Telecommunications-Facilities-only applications within the SD-PMU. Such action may include approval, conditional approval or disapproval based on the standards and requirements set forth in or established pursuant to this chapter. The Planning Commission is authorized to recommend to the Board of Trustees Zoning Text Amendments or Zoning Map Changes.

Planning and Economic Development Zoning Administrator. The Planning and Economic Development Zoning Administrator is hereby authorized to review and act on applications for proposed Building and Lot Plans.

Zoning Board of Appeals. The Zoning Board of Appeals shall perform all duties and functions assigned to boards of appeal under New York State Village Law, this chapter, and any other applicable chapter of the Village Code. Without limitation, the Zoning Board of Appeals is hereby authorized to review and act on applications for proposed Area and Use Variances, to hear, to interpret, and/or review decisions by Department Zoning Administrators upon appeal.

§ 345-804 Referral bodies.

General. As necessary and required, a Decisionmaking Authority may refer a particular matter to a Referral Body for review and recommendation.

Development Review Committee.

Establishment of Development Review Committee (DRC). There shall be a Village of Port Chester Development Review Committee (DRC). The purpose of the DRC is to have a centralized review of specific applications for development review by key Village Staff and its technical experts and consultants.

Make-Up of the Development Review Committee. Such Committee shall consist of the Director of Planning and Economic Development, the Building Inspector, the Village Engineer, the Director of Code Enforcement, the Village Traffic Sergeant, the Village Consulting Traffic Engineer, the Village Fire Department, the Emergency Services, the Village Attorney, and/or other staff and/or designees that the Planning and Economic Development Zoning Administrator deems necessary to review an application. The Director of Planning and Economic Development shall chair the Committee.

Meeting Requirements. The DRC shall meet when an application is referred by the Decisionmaking Authority, unless the Director of Planning and Economic Development deems it not necessary to convene for a particular month.

[Amended 12-21-2020 by L.L. No. 3-2021]

Roles and Responsibilities. Each member of the DRC is required to review development review applications and provide written commentary within a week of the meeting on any potential impacts, inconsistency in the application, or recommendation for additional information to be provided. Alternatively, DRC members may appear at the meeting to offer commentary. The Director of Planning and Economic Development may also request a member to submit commentary in writing.

[Amended 12-21-2020 by L.L. No. 3-2021]

Report. A report shall be prepared on each meeting of the DRC, which shall be transmitted to the applicant and the Decisionmaking Authority.

Architectural Review Board.

[Amended 12-21-2020 by L.L. No. 3-2021]

All Site Plans and Development Parcel Plans shall be referred to the Architectural Review Board (ARB) for review and recommendation with regard to colors and materials, architectural articulation, and harmony of exterior features only.

The ARB shall, within 45 calendar days from the date of the Decisionmaking Authority Referral Resolution, offer its recommendations in writing to the Decisionmaking Authority. In the event that no recommendations are received within the time period allocated, the Decisionmaking Authority shall continue the review process in the absence of ARB recommendations. Nothing herein shall preclude the Decisionmaking Authority from considering and/or conditioning an approval upon areas that would otherwise have been the purview of the ARB.

Traffic Commission.

[Amended 12-21-2020 by L.L. No. 3-2021]

Site Plans and Development Parcel Plans that are determined by the Decisionmaking Authority to likely have a potential impact to transportation or parking shall be referred to the Traffic Commission for review and recommendation.

The Traffic Commission shall, within 45 calendar days from the date of the Decisionmaking Authority Referral Resolution, offer its recommendations in writing to the Decisionmaking Authority. In the event that no recommendations are received within the time period allocated, the Decisionmaking Authority shall continue the review process in the absence of Traffic Commission recommendations. Nothing herein shall preclude the Decisionmaking Authority from considering and/or conditioning an approval upon areas that would otherwise have been the purview of the Traffic Commission.

Waterfront Commission.

[Amended 12-21-2020 by L.L. No. 3-2021]

Per Chapter 332 of the Code of the Village of Port Chester, whenever an agency receives an application for approval or funding to be located in the Village's coastal area, the agency shall refer seven copies of the completed Coastal Assessment Form (CAF) to the Waterfront Commission at least 10 days prior to the Commission's regularly scheduled meeting.

The Waterfront Commission shall, within 45 calendar days from the date of the Decisionmaking Authority Referral Resolution, offer its recommendations in writing to the Decisionmaking Authority. In the event that no recommendations are received within the time period allocated, the Decisionmaking Authority shall continue the review process in the absence of Waterfront Commission recommendations. Nothing herein shall preclude the Decisionmaking Authority from considering and/or conditioning an approval upon areas that would otherwise have been the purview of the Waterfront Commission.

§ 345-805 Applications and development review procedures.

Types of Applications and Development Reviews. Development review as regulated by this chapter, may involve one or more of the following types of applications:

Building and Lot Plans.

Site Plans.

Development Parcel Plans.

Special Exception Uses.

Other Applications and Reviews.

Exemptions from Development Review. The following are exempt from development review and can proceed directly to application for a Building Permit:

[Amended 12-21-2020 by L.L. No. 3-2021]

Single-Family detached or Two-Family Dwellings and their Accessory Uses in the CD-3, CD-3.R5, CD-3.R7, CD-3.R20, or CD-4 Districts.

Anything not listed in §§ 345-805F(1), 345-805G(1), 345-805H(1), 345-80I(1), 345-805J, 345-806, 345-807, and 345-809.

Categorization and Preapplication. In order to determine the type of application and development review, a project must be categorized, as follows:

Project Proposal Form (PPF). In order to begin the development review process, a project proposal form (PPF) shall be submitted to the Department of Planning and Economic Development, unless otherwise initiated in the Building Department or as part of an application to a Decisionmaking Body.

[Amended 12-21-2020 by L.L. No. 3-2021]

Precategorization Conference. Upon receipt of a PPF and appropriate fee, as set forth in Village Code Chapter 175 (Fees), the Planning and Economic Development Zoning Administrator shall schedule a Precategorization Conference with the prospective applicant. The Precategorization Conference may include the Building Inspector, Village Engineer, Village Attorney, or other staff, at the discretion of the Planning and Economic Development Zoning Administrator. At the Precategorization Conference the proposal shall be discussed and indication of the category shall be provided by the Village to the prospective applicant. In addition, the required parking standards for an overall application/site shall be clearly discussed, as well as the operational aspects of any parking provided. Application requirements and the development review procedures and process shall be discussed as well. In preparation for the Precategorization Conference, the Planning and Economic Development Zoning Administrator may require that prospective applicants request from the Building Department a standard property search. At the discretion of the Planning and Economic Development Zoning Administrator, the Precategorization and Presubmission Conference may be combined.

Presubmission Conference. Prior to the submittal of a development review application a prospective applicant may request a Presubmission Conference with the Department of Planning and Economic Development. At such Presubmission Conference, the proposal may be discussed, as well as the application requirements, development review procedures, and process. A prospective applicant may request more than one Presubmission Conference. No Presubmission Conference may take place unless the appropriate fee is provided, as set forth in Village Code Chapter 175 (Fees).

Development Review Procedures.

Application. Upon categorization of a project, the applicant shall submit an application, per the specific requirements and procedures discussed in § 345-805E through I below.

Request for Special Meeting or Workshop. An applicant may request a special meeting or workshop with any of the Decisionmaking Authorities or Referral Bodies described in this article. Such request must be made in writing to the Planning and Economic Development Zoning Administrator and be accompanied by the appropriate fee, as set forth in Village Code Chapter 175 (Fees).

Coordination of Approvals.

Multiple Approvals. When one of the applications discussed below in § 345-805F through J requires other local approvals, such as Variances or approval of a Special Exception Use, all such approvals shall be applied for at the same time. The Decisionmaking Authority shall consider the application as a whole.

Multiple Decisionmaking Authorities. When an application with multiple approvals involves more than one Decisionmaking Authority, the following shall occur:

Lead Agency Under SEQRA. One Decisionmaking Authority shall lead the SEQRA process and act as Lead Agency. The other Decisionmaking Authorit(ies) shall be considered an Involved Agency.

Coordinated Approval Process. The Lead Agency shall lead the entire development review process, including providing approval or disapproval of both the SEQRA and specific development review.

Approval. The SEQRA and the specific development review approvals shall be conditioned upon receipt of the other approvals by the other Decisionmaking Authorit(ies).

Disapproval. If the action(s) of the Lead Agency Decisionmaking Authority is disapproval, such action shall be considered final and the application shall not move forward to the Involved Agency Decisionmaking Authority.

Building and Lot Plans.

Applicability.

In all Districts, Building and Lot Plan approval must be obtained for:

[Amended 12-21-2020 by L.L. No. 3-2021]

New construction of an Accessory Building or Structure of less than 1,500 square feet, including, but not limited to, Accessory Dwelling Units; or

Any expansion, or enlargement of an Existing Building of less than 20% of the Building's Aggregate Floor Area or less than 5,000 square feet, whichever is smaller, which does not change the materials, colors, or architectural articulation of the exterior facades facing a Principal or Secondary Frontage, and do not change the location of ingress or egress for vehicles, or the location of entranceways.

[Amended 5-20-2024 by L.L. No. 6-2024]

Any change in Use from a Permitted Use to another Permitted Use within an existing Building that would not result in a significant increase in intensity relating to traffic, pedestrian safety and access, environmental quality, drainage, refuse and sewage disposal, and water supply.

[Amended 5-20-2024 by L.L. No. 6-2024]

Amendments to approved site plans, made prior to the issuance of a Certificate of Occupancy, which reduce the number of stories or height of the approved Building, but which do not change the materials, colors, or architectural articulation of the exterior facades facing a Principal or Secondary Frontage, and do not change the location of ingress or egress for vehicles, or the location of entranceways.

[Added 5-20-2024 by L.L. No. 6-2024]

As part of any Site Plan application, a Building and Lot Plan shall be provided.

As part of a petition for Zoning Text Amendment or Zoning Map Change, pursuant to § 345-807, in which a future Building and Lot Plan is required, a conceptual Building and Lot Plan shall be provided.

Building and Lot Plan Application Requirements.

Each Building and Lot Plan required under this article must be prepared, signed, and submitted by or on behalf of the Owner of Record according to the Town of Rye parcel data records of the subject parcel(s). If such Plan is prepared, signed, and submitted on behalf of such Owner, a notarized Letter of Authorization shall accompany the Plan.

Each Building and Lot Plan must be prepared in accordance with this § 345-805F and must conform to the requirements of § 345-405 and other provisions hereof.

Each Building and Lot Plan must include all items described in § 345-805F(2)(e).

[Amended 12-21-2020 by L.L. No. 3-2021]

Each Building and Lot Plan must be submitted for review and action in accordance with this § 345-805F.

Each Building and Lot Plan submitted under this article must:

Comply with any applicable Development Parcel Plan, the Zoning Map, and all standards and requirements of this chapter, including without limitation those applicable to the District or Civic District in which the land covered by such Building and Lot Plan is situated, and any Building and Lot Plan for a Lot that is mapped in multiple Character Districts may be developed in conformance with the regulations applicable to either mapped Character District, in that district’s entirety; and

[Amended 5-20-2024 by L.L. No. 6-2024]

Show and include the information required as part of the Building and Lot Plan Checklist, established and revised from time to time, by the Department of Planning and Economic Development, in compliance with the standards and requirements of the Zoning Map, any applicable Development Parcel Plan, Site Plan, and this chapter, including without limitation those applicable to the District in which the land covered by such Building and Lot Plan is situated.

A conceptual Building and Lot Plan submitted as part of a petition for Zoning Text Amendment or Zoning Map Change need only to provide information to adequately describe the intended Development.

Building and Lot Plan Procedures.

The applicant must submit one printed copy and one digital PDF copy of the complete Building and Lot Plan application. Such application must include one or more site plan drawings and/or architectural elevations that highlight each area of compliance relative to its respective District, as well as the appropriate fee, as set forth in Village Code Chapter 175 (Fees).

Once the application is determined to be complete by the Planning and Economic Development Zoning Administrator, the Planning and Economic Development Zoning Administrator, as Decisionmaking Authority for Building and Lot Plans, shall review and make a determination to approve or disapprove within 30 days.

Review Criteria.

All Building and Lot Plans will be reviewed against Article 4 (Building and Lot Plans and Standards) for the applicable District or Civic District.

Depending on the scope of the application, the applicant would be required to meet all applicable standards of Article 4 (Building and Lot Plans and Standards) or provide a memorandum stating why one or more standards cannot be met and request a formal Waiver. The Planning and Economic Development Administrator shall review the request and provide written justification to ratify the request or not.

Decisionmaking Authority's Action.

Action shall be taken on each Building and Lot Plan application in accordance with the review criteria in § 345-805F(4).

A Certificate of Compliance with respect to a Building and Lot Plan shall be issued if and only if the Building and Lot Plan and proposed Building and Lot covered thereby are determined by the Planning and Economic Development Zoning Administrator to comply with the standards and requirements of this chapter, any approved Development Parcel Plan if required, and an approved Site Plan if required.

Condition to Building, Building Permit and Certificate of Occupancy.

No Building shall be constructed, reconstructed, or modified, and no Lot or other land shall be Developed, Improved, subdivided, or resubdivided, and none of the same shall be used, except in compliance with this article, the Zoning Map, and any applicable Development Parcel Plan, and pursuant to a Building and Lot Plan that has been prepared, submitted, reviewed and certified in accordance with this chapter and all standards and requirements applicable thereto.

No Building Permit or Certificate of Occupancy shall be issued unless the application for the same includes a Building and Lot Plan, which has been certified by the Building Zoning Administrator as being in compliance with § 345-405 and this § 345-805F.

Site Plans.

Applicability.

In all Districts, Site Plan approval must be obtained for:

New construction of a Principal Building or Accessory Building or Structure of greater than 1,500 square feet;

Change or expansion of a Nonconforming Use, Structure, or Lot, per the standards of Article 9 (Nonconformities);

Any Use of Vacant Land;

Any expansion, or enlargement of an existing Building by more than 20% of the Building's Aggregate Floor Area or more than 5,000 square feet, whichever is smaller;

Any change in Use from a Permitted Use to another Permitted Use within an existing Building that would result in a significant increase in intensity relating to traffic, pedestrian safety and access, environmental quality, drainage, refuse and sewage disposal, and water supply;

[Amended 5-20-2024 by L.L. No. 6-2024]

Any change in Use from a Permitted Use to a Special Exception Use within an existing Building that does not add, expand, or enlarge the Building.

As part of a petition for Zoning Text Amendment or Zoning Map Change, pursuant to § 345-807, in which a future Site Plan is required, a conceptual Site Plan shall be provided.

Site Plan Application Requirements.

Each Site Plan application shall include:

A copy of the Building and Lot Plan, accompanied by the Planning and Economic Development Zoning Administrator's Certificate of Compliance issued pursuant to § 345-805F.

A Site Plan application and accompanying Site Plan containing the information required as part of the Site Plan Checklist, established and revised from time to time, by the Department of Planning and Economic Development.

A copy of any required Development Parcel Plan related to the proposed project, accompanied by the Planning and Economic Development Zoning Administrator's Certificate of Compliance issued pursuant to § 345-805H, if applicable.

Evidence of a consideration to incorporate reasonably available energy conservation or renewable energy opportunities, such as new green infrastructure or retrofits, installation of solar arrays or canopies, and geothermal systems, pursuant to § 345-405V.

The Planning and Economic Development Zoning Administrator's Certificate of Completeness with respect to the Site Plan application.

A conceptual Site Plan submitted as part of a petition for Zoning Text Amendment or Zoning Map Change need only to provide information to adequately describe the intended Development and a copy of any required Development Parcel Plan and Certificate of Compliance.

Upon written request by an applicant to waive any of the Site Plan application requirements, the Planning and Economic Development Administrator shall review the request and provide written justification to the Decisionmaking Authority. Prior to holding a public meeting on any application with such a request, the Decisionmaking Authority must consider the request and, if it is in agreement, ratify the request.

Site Plan Procedures.

Building and Lot Plan. Prior to formal submission of a Site Plan application, an applicant must follow the procedures of supplying and, ultimately, obtaining approval of a Building and Lot Plan, pursuant to § 345-805F, including the Presubmission Conference and review.

Submission of Site Plan Application.

No fewer than 20 days prior to the meeting of the Decisionmaking Authority at which the application is to be considered, the applicant must submit to the Planning and Economic Development Zoning Administrator 20 printed copies and one digital PDF copy of the complete Site Plan application, including all supporting documentation, accompanied by the appropriate fees, as set forth in Village Code Chapter 175 (Fees).

The digital copy of the application must be clearly identified with the name of the applicant, project address, submission date, and case number, if assigned.

Completeness Review by Planning and Economic Development Zoning Administrator.

Upon submission of a Site Plan application, the Planning and Economic Development Zoning Administrator must review and determine whether the application is complete, including if the appropriate fees were provided.

If the Planning and Economic Development Zoning Administrator determines that the Site Plan application is complete, he or she must issue a Certificate of Completeness. The Certificate of Completeness shall be provided to the applicant and included in any materials provided to the Decisionmaking Authority.

If the Planning and Economic Development Zoning Administrator determines that the Site Plan application is incomplete, he or she must notify the applicant of such determination with a written explanation regarding which items are incomplete, and must return the application to the applicant.

Decisionmaking Authority Public Meeting. Upon determination of completeness by the Planning and Economic Development Zoning Administrator, the Site Plan application shall appear before the Decisionmaking Authority at a public meeting. The Site Plan application, associated materials, and the Certificate of Completeness shall be provided to the Decisionmaking Authority. The purpose of such public meeting is to introduce the project to the Decisionmaking Authority and public, discuss any initial issues or concerns, and set the public hearing on the matter. Under no circumstances shall an application proceed to the Decisionmaking Authority unless all fees and reimbursable costs due the Village are paid and the project escrow is up-to-date.

Decisionmaking Authority Public Hearing.

Upon setting of the public hearing, the applicant must provide public notice of such hearing in compliance with the public notice requirements set forth in § 345-808.

The Decisionmaking Authority may conduct the public hearing according to its policies and procedures.

Under no circumstances shall a public hearing be held unless all fees and reimbursable costs due the Village are paid and the project escrow is up-to-date.

Review Criteria.

In considering a Site Plan application and Site Plan, the Decisionmaking Authority must take into consideration the public health, safety, and general welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and the provision of a diverse and balanced housing stock, and must establish any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter.

The Decisionmaking Authority must ensure that the proposed Development, Site Plan, and Site Plan application comply with each of the following prior to approval:

The Village of Port Chester Comprehensive Plan, as adopted and updated;

The Village of Local Waterfront Revitalization Plan (LWRP), as adopted and updated, if applicable;

Urban renewal plans adopted by the Village of Port Chester, if applicable;

The New York State Environmental Quality Review Act ("SEQRA");

The Supplemental Development Standards of:

Section 345-602 (Site grading);

Section 345-603 (Site drainage);

Section 345-604 (Sewage system);

[d]

Section 345-605 (Utilities);

[e]

Section 345-606 (Traffic circulation);

[f]

Section 345-607 (Facilities for persons with disabilities);

[g]

Section 345-608 (Preservation of natural features);

[h]

Section 345-609 (Streetscape repairs, replacements and improvements).

The Site Plan application is complete, as evidenced by the Planning and Economic Development Zoning Administrator's Certificate of Completeness;

[7]

Compliance with all applicable Building and Lot standards and requirements of Article 4 (Building and Lot Plans and Standards) and Development Parcel standards of Article 5 (Development Parcel Plans and Standards); and

[8]

All other applicable provisions of the Village Ordinances, Village Code, and Village rules and regulations, and with all applicable state and federal statutes and regulations.

Reservation of Parkland on Site Plans Containing Residential Dwelling Units.

Before such Decisionmaking Authority may approve a Site Plan containing residential units, such Site Plan shall also show, when required by such Decisionmaking Authority, a park or parks suitably located for playground or other recreational purposes.

Land for park, playground or other recreational purposes may not be required until the Decisionmaking Authority has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular Site Plan will contribute.

In the event the Decisionmaking Authority makes a finding pursuant to Subsection G(4)(c)[2] above that the proposed Site Plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such Site Plan, the applicant shall be required to pay a fee in lieu of to the Village in the amount of $2,000 per dwelling unit, such fee amount as established for subdivisions in § A402-21D of the Code of the Village of Port Chester.

Any monies required by the Decisionmaking Authority in lieu of land for park, playground, or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground, or other recreational purposes, including the acquisition of property.

Notwithstanding the foregoing provisions of this section, if the land included in a Site Plan under review is a portion of a subdivision plat or Development Parcel Plan which has been previously reviewed and approved, the Decisionmaking Authority shall credit the applicant for any land set aside or money donated in lieu thereof under such previous subdivision plat or Development Parcel Plan approval. In the event of resubdivision of a subdivision plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.

Decisionmaking Authority's Action. A Site Plan application must be approved or disapproved by the Decisionmaking Authority in accordance with the following:

SEQRA Determination of Significance. For all Site Plan applications, prior to action on the Site Plan, the Decisionmaking Authority must first provide a determination of significance under SEQRA.

Approval.

A Site Plan must be approved by the Decisionmaking Authority, upon its finding that the application and Site Plan are in compliance with the review criteria set forth in § 345-805G(4).

Approval must be in the form of a resolution by the Decisionmaking Authority. A copy of the resolution must be signed by the Decisionmaking Authority chairperson and sent to the applicant within 10 days of its passage.

If a Site Plan is approved, the Site Plan as approved, must become part of the record of approval, and subsequent actions relating to the authorized Development must be consistent with approved items.

Where a Site Plan approval incorporates multiple tax parcels, the application shall merge the tax lots into a single lot, as a Site Plan condition prior to signature by the Decisionmaking Authority chairperson.

Disapproval.

A Site Plan must be disapproved if the Decisionmaking Authority determines that the application does not comply with any one or more of the review criteria set forth in § 345-805G(4).

Disapproval must be in the form of a resolution by the Decisionmaking Authority setting forth the reasons for its disapproval. A copy of the resolution must be signed by the Decisionmaking Authority chairperson and sent to the applicant within 10 days of its passage.

Endorsement of Action.

Approval Endorsement. Upon closing of the public hearing and action by the Decisionmaking Authority, the applicant shall provide five copies of the Site Plan, updated with any changes requested during the approval process. Upon payment by the applicant of any unpaid fees and reimbursable costs due the Village, the Decisionmaking Authority chairperson and the Planning and Economic Development Zoning Administrator must endorse the action taken on the five copies of the Site Plan and must immediately provide one copy to the applicant with the approval resolution, and one copy to the Department of Planning and Economic Development, the Building Inspector, the Village Engineer, and the Village Clerk for retention in their records.

Disapproval Endorsement. Upon closing of the public hearing and disapproval by the Decisionmaking Authority, the applicant shall pay any unpaid fees and reimbursable costs due the Village. Once such fees are received, the chair of the Decisionmaking Authority and the Planning and Economic Development Zoning Administrator must endorse the action taken by the disapproval resolution, and provide one copy to the applicant, the Department of Planning and Economic Development, the Building Inspector, the Village Engineer, and the Village Clerk for retention in their records.

Site Plan Procedures Related to Certain Uses.

[Amended 12-21-2020 by L.L. No. 3-2021]

Wireless Telecommunications Facilities. A Site Plan and Site Plan application for any required Wireless Telecommunications Facility must comply with § 345-405W (Wireless Telecommunications Facilities), as applicable.

Expiration or lapse of approval. If a Building Permit related to an approved Site Plan application is not issued within three years from the date the Site Plan was approved, the Site Plan approval shall expire. Notwithstanding the foregoing:

[Amended 1-24-2022 by L.L. No. 4-2022; 4-17-2023 by L.L. No. 6-2023]

With regard to Site Plan approvals granted on or before March 7, 2020, the deadline for the issuance of a building permit shall be extended to and include April 27, 2023 at which time the Site Plan approval expires. This Subsection G(7)(a) and the relief provided herein shall expire effective April 28, 2023.

With regard to the Station Lofts project to be constructed at 67 New Broad Street, the Site Plan approval and all related project approvals are hereby extended from April 28, 2023, through and including December 31, 2025.

Development Parcel Plans.

Applicability.

In all Districts, none of the following shall occur with respect to or on a Development Parcel except pursuant to and in compliance with a Development Parcel Plan that has been prepared, submitted, and approved in accordance with this chapter and all standards and requirements applicable thereto, and has been certified by the Planning and Economic Development Zoning Administrator as being in compliance with Article 5 (Development Parcel Plans and Standards):

Construction of any Structure;

Exterior Alteration to an existing Structure;

Development, redevelopment, Improvement, or resubdivision of any Lot or other land;

Using any land or Structure; or

Filing, issuing, applying for, approving, or certifying any subdivision application or plat, Building Permit, Building and Lot Plan, Special Exception Use, Site Plan, Zoning Map Change or Zoning Map Amendment, or other Development approval.

Development Parcel Plan Application Requirements.

Preparation.

Each Development Parcel Plan required to be submitted under this chapter must be prepared and submitted by or on behalf of the Owner of the applicable property. If such Plan is prepared, signed, and submitted on behalf of such Owner, a written durable, irrevocable power of attorney authorizing such actions to be taken on behalf of the Owner shall accompany the Plan.

Each Development Parcel Plan must be prepared in accordance with § 345-501B(6) and (7) and must conform to the requirements of this § 345-805H and other provisions hereof.

Each Development Parcel Plan must include all items described in § 345-805H(2)(b) in compliance with the standards and requirements of this chapter.

Plan Requirements.

Each Development Parcel Plan submitted under this chapter must include the standards and requirements for the Development Parcel Plan area containing the information required as part of the Development Parcel Plan Checklist, established and revised from time to time, by the Department of Planning and Economic Development, in compliance with this chapter and the standards and requirements of the applicable District in which the land covered by such Development Parcel Plan is situated, as determined by:

The applicable Zoning Map then in effect if such Development Parcel Plan is not being submitted as part of an application for Zoning Map Change or Zoning Text Amendment; or

The proposed Zoning Map Change or Zoning Text Amendment if such Development Parcel Plan is being submitted as part of an application for a Zoning Map Change or Zoning Text Amendment.

Pedestrian Sheds.

Any proposed Development Parcel Plan must be based upon one or several proposed or existing Standard or Linear Pedestrian Sheds, as applicable, located according to existing conditions, such as traffic intersections, Adjacent Development, and natural features. Each Pedestrian Shed must have a Common Destination near its center.

The Development Parcel Plan site may be smaller or larger than the Pedestrian Shed within which it is situated.

See Illustration 345.501.B-1 (Standard Pedestrian Shed) and Illustration 345.501.B-2 (Linear Pedestrian Shed).

Civic Districts. Civic Districts must be assigned according to and as required by §§ 345-504A(1) and 345-204B.

Character Districts. Character Districts must be assigned according to and as required § 345-204A.

Special Districts. Special Districts, if any, must be assigned according to § 345-204C.

Thoroughfare Network. The Thoroughfare network must be laid out according to § 345-502.

Development Parcel Plan Procedures.

Submission of Development Parcel Plan Application.

An applicant must submit to the Planning and Economic Development Zoning Administrator 20 printed copies and one digital PDF copy of the complete Development Parcel Plan application, including all supporting documentation, accompanied by the appropriate submission fee and accompanying engineering review fee(s).

The digital copy of the application must be clearly identified with the name of the applicant, project address, submission date, and case number, if assigned.

Completeness Review by Planning and Economic Development Zoning Administrator.

Upon submission of a Development Parcel Plan application, the Planning and Economic Development Zoning Administrator must review and determine whether the application is complete, including if the appropriate fees were provided.

If the Planning and Economic Development Zoning Administrator determines that the Development Parcel Plan application is complete, he or she must issue a Certificate of Completeness. The Certificate of Completeness shall be provided to the applicant and included in any materials provided to the Decisionmaking Authority.

If the Planning and Economic Development Zoning Administrator determines that the Development Parcel Plan application is incomplete, he or she must notify the applicant of such determination with a written explanation regarding which items are incomplete, and must return the application to the applicant.

Decisionmaking Authority Public Meeting. Upon determination of completeness by the Planning and Economic Development Zoning Administrator, the Development Parcel Plan application shall appear before the Decisionmaking Authority at a public meeting. The Development Parcel Plan application, associated materials, and the Certificate of Completeness shall be provided to the Decisionmaking Authority. The purpose of such public meeting is to introduce the project to the Decisionmaking Authority and public, discuss any initial issues or concerns, and set the public hearing on the matter. Under no circumstances shall an application proceed to the Decisionmaking Authority unless all fees and reimbursable costs due the Village are paid and the project escrow is up-to-date.

Decisionmaking Authority Public Hearing.

Upon setting of the public hearing, the Decisionmaking Authority must provide public notice of such hearing in compliance with the public notice requirements set forth in § 345-808.

The Decisionmaking Authority may conduct the public hearing according to its policies and procedures.

Under no circumstances shall a public hearing be held unless all fees and reimbursable costs due the Village are paid and the project escrow is up-to-date.

Review Criteria.

In considering a Development Parcel Plan application and Development Parcel Plan, the Decisionmaking Authority must take into consideration the public health, safety, and general welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and the provision of a diverse and balanced housing stock, and must establish any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter.

The Decisionmaking Authority must ensure that the proposed Development Parcel Plan complies with § 345-501B(6) and (7):

Reservation of Parkland on Development Parcel Plans Containing Residential Dwelling Units.

Before such Decisionmaking Authority may approve a Development Parcel Plan containing Residential units, such Development Parcel Plan shall also show, when required by such Decisionmaking Authority, a park or parks suitably located for playground or other recreational purposes.

In the event the Decisionmaking Authority makes a finding pursuant to Subsection H(4)(c)[2] above that the proposed Development Parcel Plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such Development Parcel Plan, the applicant shall be required to pay a fee in lieu of to the Village in the amount of $2,000 per Dwelling Unit, such fee amount as established for subdivisions in § A402-21D of the Code of the Village of Port Chester.

Notwithstanding the foregoing provisions of this section, if the land included in a Development Parcel Plan under review is a portion of a subdivision plat which has been previously reviewed and approved, the Decisionmaking Authority shall credit the applicant for any land set aside or money donated in lieu thereof under such previous subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof

Decisionmaking Authority's Action. A Development Parcel Plan application must be approved or disapproved by the Decisionmaking Authority in accordance with the following:

SEQRA Determination of Significance. For all Site Plan applications, prior to action on the Site Plan, the Decisionmaking Authority must first provide a determination of significance under SEQRA.

Approval.

A Development Parcel Plan must be approved by the Decisionmaking Authority upon its finding that the application and Development Parcel Plan are in compliance with the review criteria set forth in § 345-805H(4).

If a Development Parcel Plan is approved, the Development Parcel Plan as approved, must become part of the record of approval, and subsequent actions relating to the authorized Development must be consistent with approved items.

Disapproval.

A Development Parcel Plan must be disapproved if the Decisionmaking Authority determines that the application does not comply with any one or more of the review criteria set forth in § 345-805H(4).

Endorsement of Action.

Approval Endorsement. Upon closing of the public hearing and action by the Decisionmaking Authority, the applicant shall provide five copies of the Development Parcel Plan, updated with any changes requested during the approval process. Upon payment by the applicant of any unpaid fees and reimbursable costs due the Village, the chair of the Decisionmaking Authority and the Planning and Economic Development Zoning Administrator must endorse the action taken on the five copies of the Development Parcel Plan and must immediately provide one copy to the applicant with the approval resolution, and one copy to the Department of Planning and Economic Development, the Building Inspector, the Village Engineer, and the Village Clerk for retention in their records.

Disapproval Endorsement. Upon closing of the public hearing and disapproval by the Decisionmaking Authority, the applicant shall pay any unpaid fees and reimbursable costs due the Village. Once such fees are received, the Decisionmaking Authority chairperson and the Planning and Economic Development Zoning Administrator must endorse the action taken by the disapproval resolution, and provide one copy to the applicant, the Department of Planning and Economic Development, the Building Inspector, the Village Engineer, and the Village Clerk for retention in their records.

Expiration or Lapse of Approval. If a Building Permit related to an approved Development Parcel Plan application is not issued within three years from the date the Development Parcel Plan was approved, the Development Parcel Plan approval shall expire.

Development Parcel Plan Required as Part of Other Applications. If a Development Parcel Plan is required by virtue of § 345-501B(1)(a) or (b), such Development Parcel Plan must be submitted for review and Certification of Compliance by the Planning and Economic Development Zoning Administrator prior to taking any of the actions described in § 345-501B(1)(a) or (b), and the certified Development Parcel Plan and Certificate of Compliance must be submitted as part of the applicable application for approval of the Site Plan or Zoning Map Change or Zoning Text Amendment, as applicable.

Special Exception Use.

Purpose and Applicability. The purpose of a Special Exception Use approval is to provide additional regulation for particular uses within the Village through special criteria and an approval process before the appropriate Decisionmaking Authority.

Special Exception Use Application Requirements. An application for a Special Exception Use shall contain the information required as part of the Special Exception Use Checklist established and revised from time to time by the Department of Planning and Economic Development.

Special Exception Use Procedures.

Submission of Special Exception Use Application.

An applicant must submit to the Planning and Economic Development Zoning Administrator 20 printed copies and one digital PDF copy of the complete Special Exception Use application, including all supporting documentation, accompanied by the appropriate submission fee and accompanying engineering review fee(s), per Village Code Chapter 175 (Fees).

The digital copy of the application must be clearly identified with the name of the applicant, project address, submission date, and case number, if assigned.

Completeness Review by Planning and Economic Development Zoning Administrator.

Upon submission of a Special Exception Use application, the Planning and Economic Development Zoning Administrator must review and determine whether the application is complete, including if the appropriate fees were provided.

If the Planning and Economic Development Zoning Administrator determines that the Special Exception Use application is complete, he or she must issue a Certificate of Completeness. The Certificate of Completeness shall be provided to the applicant and included in any materials provided to the Decisionmaking Authority.

If the Planning and Economic Development Zoning Administrator determines that the Special Exception Use application is incomplete, he or she must notify the applicant of such determination with a written explanation regarding which items are incomplete, and must return the application to the applicant.

Decisionmaking Authority Public Meeting. Upon determination of completeness by the Planning and Economic Development Zoning Administrator, the Special Exception Use application shall appear before the Decisionmaking Authority at a public meeting. The Site Plan application, associated materials, and the Certificate of Completeness shall be provided to the Decisionmaking Authority. The purpose of such public meeting is to introduce the project to the Decisionmaking Authority and public, discuss any initial issues or concerns, and set the public hearing on the matter. Under no circumstances shall an application proceed to the Decisionmaking Authority unless all fees and reimbursable costs due the Village are paid and the project escrow is up-to-date.

Decisionmaking Authority Public Hearing.

Upon setting of the public hearing, the Decisionmaking Authority must provide public notice of such hearing in compliance with the public notice requirements set forth in § 345-808.

The Decisionmaking Authority may conduct the public hearing according to its policies and procedures.

Under no circumstances shall a public hearing be held unless all fees and reimbursable costs due the Village are paid and the project escrow is up-to-date.

Review Criteria.

In considering a Special Exception Use application, the Decisionmaking Authority must take into consideration the public health, safety, and general welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and the provision of a diverse and balanced housing stock, and must establish any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter.

The Decisionmaking Authority must ensure that the proposed Special Exception Use complies with each of the following general conditions and requirements, as stated in § 345-405K(6)(e).

The Decisionmaking Authority must ensure that the proposed Special Exception Use complies with each of the specific conditions and requirements for that Use, as stated in § 345-405K(6)(f) or 345-405K(8)(b), as applicable.

Decisionmaking Authority's Action. A Special Exception Use application must be approved or disapproved by the Decisionmaking Authority in accordance with the following:

SEQRA Determination of Significance. For all Special Exception Use applications, prior to action on the Special Exception Use, the Decisionmaking Authority must first provide a determination of significance under SEQRA.

Approval.

A Special Exception Use must be approved by the Decisionmaking Authority, upon its finding that the application and Special Exception Use meets all applicable general and specific conditions, requirements, and standards, including without limitation, those set forth in §§ 345-405K(6)(e), (f), 345-405K(8)(b), and 345-405K(4), and any other applicable provisions of law have been complied with.

If a Special Exception Use is approved, the Special Exception Use approval must become part of the record of approval, and subsequent actions relating to the authorized Development must be consistent with approved items.

Disapproval.

A Special Exception Use must be disapproved if the Decisionmaking Authority determines that the application does not comply with any one or more of the review criteria set forth in § 345-805I(4).

Endorsement of Action.

Approval Endorsement. Upon closing of the public hearing, action by the Decisionmaking Authority, and payment by the applicant of any unpaid fees and reimbursable costs due the Village, the chair of the Decisionmaking Authority and the Planning and Economic Development Zoning Administrator must provide one copy of the approval resolution to the applicant, and one copy to the Department of Planning and Economic Development, the Building Inspector, the Village Engineer, and the Village Clerk for retention in their records.

Disapproval Endorsement. Upon closing of the public hearing and disapproval by the Decisionmaking Authority, the applicant shall pay any unpaid fees and reimbursable costs due the Village. Once such fees are received, the Decisionmaking Authority chairperson and the Planning and Economic Development Zoning Administrator must endorse the action taken by the disapproval resolution, and provide one copy to the applicant, the Department of Planning and Economic Development, the Building Inspector, the Village Engineer, and the Village Clerk for retention in their records.

Special Procedures Related to Certain Special Exception Uses.

Wireless Telecommunications Facilities. The standards, requirements, and procedures set forth in § 345-405W shall be applicable to Special Exception Use applications for Wireless Telecommunications Facilities.

Lapse Upon Change of Use. An approved Special Exception Use and any related Certificate of Occupancy shall lapse automatically without the need for any action by the Village if the Use of the subject property is changed, regardless of whether such different Use is deemed to be a higher or lower Use.

(8)

Effective Time. A Special Exception Use approval shall become effective at the time the application is approved by the Decisionmaking Authority and shall be valid regardless of change of ownership, provided that all terms and conditions of the approval are met by subsequent owners or users.

Other Approvals.

Subdivision Plats. Subdivision Plats must meet the standards and requirements of Chapter A402 (Land Subdivision Regulations) of the Code of the Village of Port Chester and any applicable standards and requirements of this chapter.

Eligible Facilities Requests. Certain modifications of Wireless Telecommunications Facilities that do not constitute a Substantial Change (i.e., Eligible Facilities) are subject to administrative approval by the Building Inspector pursuant to an Eligible Facilities Request in accordance with § 345-405W.

§ 345-806 Appeals and variances.

Statement of Policy. The Board of Trustees, as the policy-making body of the Village of Port Chester, has established its vision for the future development of the Village in the adoption of this chapter. It, therefore, expects that any future Development conforms to the rules, regulations, and requirements of this chapter. To that end, it is the policy of the Board of Trustees not to encourage any request for Variance from this chapter, understanding that New York State Village Law provides for such procedure.

Authorization. New York State Law requires the appointment of a Zoning Board of Appeals wherever zoning is enacted. The basis for this requirement is to provide a mechanism for limited relief where the strict application of a zoning regulation may otherwise place an undue burden upon an individual owner of property. Where such a circumstance may arise, the Zoning Board of Appeals is authorized to vary a specific regulation only as much as is necessary for the reasonable use of property. Such authority is only to be exercised in isolated instances, as less discriminate granting of relief would collectively undermine the legislative intent and framework of regulations the Zoning Board of Appeals is appointed to protect. The role of Zoning Boards of Appeal as a safety valve to protect the validity of land use regulations was first enunciated by the earliest cases decided by the U.S. Supreme Court and by the New York State Court of Appeals.

Jurisdiction of the Zoning Board of Appeals. Except as specified herein below, and accordant with New York State law, the jurisdiction of the Zoning Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official(s) charged with the administration or enforcement of any local law. Such appeal may be taken by any person aggrieved.

Categories of Appeals.

Interpretations and Review of Decisions by the Zoning Administrator(s) or Enforcement Official. The Zoning Board of Appeals is vested with the power to hear and decide appeals from and review decisions by the administrative official(s) responsible for the enforcement of this chapter. The Zoning Board of Appeals is authorized to affirm or reverse, wholly or partly, or to modify the decisions appealed to it.

Zoning Variances. There are two types of zoning variances:

Area Variance. An area variance is the authorization by the Zoning Board of Appeals for the use of land in a manner that is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

Use Variance. A use variance is the authorization by the Zoning Board of Appeals for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning regulations.

Procedures.

Application. An application for Interpretation and Review of Decision, Area Variance, or Use Variance must be submitted in the form required and filed with the Planning and Economic Development Zoning Administrator. One original, nine printed copies, and one digital PDF copy must be provided, accompanied by the appropriate fees, as set forth in Village Code Chapter 175 (Fees). Once it is determined that the application is complete, the Planning and Economic Development Zoning Administrator must forward the application to the Zoning Board of Appeals.

Public Hearing. Within 62 days of the determination of completeness, the Zoning Board of Appeals must hold a public hearing on the proposed zoning variance. Notice of the public hearing is required in accordance with § 345-808.

Compliance with the New York State Environmental Quality Review Act (SEQRA). The Zoning Board of Appeals shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of the New York Codes, Rules and Regulations.

Notice to Westchester County Planning Board. At least five days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the Westchester County Planning Board, as required by § 239 of the New York State General Municipal Law and § 277.61 of the Westchester County Administrative Code. Depending on the type of action, the referral may contain the full application, while others only require notification to the county.

Determination by Zoning Board of Appeals. Within 62 days of the closing of the public hearing, the Zoning Board of Appeals must approve, approve with modifications, or disapprove the application. This sixty-two-day period may be extended only by mutual consent of the applicant and the Zoning Board of Appeals.

Decisionmaking by the Zoning Board of Appeals; Variances.

Interpretations and Review of Decisions by the Zoning Administrator(s) or Enforcement Official. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.

Zoning Variances.

Use Variance.

No use variance may be granted by the Zoning Board of Appeals without making written findings of fact showing that applicable zoning regulations and restrictions have caused the applicant unnecessary hardship. In order to prove such unnecessary hardship, the applicant must demonstrate to the Zoning Board of Appeals that for each and every allowed use under the zoning regulations for the particular zone where the property is located:

The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the zone or neighborhood;

The requested use variance, if granted, will not alter the essential character of the neighborhood; and

[d]

The alleged hardship has not been self-created.

The Zoning Board of Appeals, in the granting of use variances, may grant only the minimum variance deemed necessary and adequate to address the unnecessary hardship proved by the applicant and at the same time preserve and protect the character of the neighborhood and the public health, safety, and welfare.

Area Variance.

In making its determination on a request for an area Variance, the Zoning Board of Appeals must make written findings of fact that take into account the benefit to the applicant if the variance is granted as weighed against the detriment to the public health, safety, and welfare by the approval of the variance. In making this determination the Zoning Board of Appeals must also consider:

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.

Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance.

Whether the requested area variance is substantial.

[d]

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or zone.

[e]

Whether the alleged difficulty was self-created, which consideration must be relevant to the decision of the Zoning Board of Appeals, but does not necessarily preclude the granting of the variance.

The Zoning Board of Appeals, in the granting of area variances, may only grant the minimum variance that it deems necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.

Imposition of Conditions. In granting an Interpretation and Review of Decision, Area Variance, or Use Variance, the Zoning Board of Appeals may impose reasonable conditions and restrictions as are directly related to and incidental to the proposed Use of the property.

Rehearing. Upon receipt from an aggrieved party of a petition for a rehearing of a matter on which the Zoning Board of Appeals has already once made a decision, a motion for the Zoning Board of Appeals to hold a rehearing to review such an order, decision, or determination, not previously reheard, may be made by any member of the Zoning Board of Appeals. Rehearings may only take place as follows: a unanimous vote of all members of the Zoning Board of Appeals then present is required for such rehearing to occur. A rehearing is subject to the same notice provisions as an original hearing. Upon a rehearing, the Zoning Board of Appeals may reverse, modify, or annul its original order, decision, or determination only upon the unanimous vote of all members then present, provided that the Zoning Board of Appeals finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision, or determination will not be prejudiced thereby. The petition for rehearing shall include the same initial fees of the original matter.

§ 345-807 Procedures for zoning text amendment or Zoning Map change.

General. The Board of Trustees may from time to time, on its own motion, on recommendation of the Planning Commission, on recommendation by the Zoning Board of Appeals, or on petition from an applicant, amend, supplement or repeal provisions of this chapter (hereinafter referred to as "Zoning Text Amendment"), including the Zoning Map (hereinafter referred to as "Zoning Map Change").

Zoning Text Amendment.

Authorization. Under New York State Village Law, the Board of Trustees is authorized to review requests for Zoning Text Amendments. However, taking action on such request is entirely discretionary.

Description. A Zoning Text Amendment allows for amendment of the regulations imposed by this chapter in response to changed conditions or changes in Village policy.

Initiation.

The Board of Trustees, Planning Commission, or Zoning Board of Appeals may initiate a Zoning Text Amendment.

A property owner may petition the Village to initiate a Zoning Text Amendment.

Procedure.

Request/Petition Submittal.

A Zoning Text Amendment initiated by a property owner's petition must be filed with the Village Clerk. The petition shall be accompanied by the application fee, as set forth in Village Code Chapter 175 (Fees). Any petition for Zoning Text Amendment must include the following information:

Proposed amendment to the zoning text, in the form of a local law.

A Full Environmental Assessment Form (FEAF), Part 1 and any supporting documentation, as required for compliance with SEQRA.

The appropriate fee, as indicated in Village Code Chapter 175 (Fees).

A Zoning Text Amendment initiated by recommendation of the Planning Commission or Zoning Board of Appeals shall be provided on letterhead and filed with the Village Clerk. No application fee is required.

A Zoning Text Amendment initiated by motion of the Board of Trustees shall require no submittal or application fee.

Completeness. Upon receipt of a Zoning Text Amendment request or petition, the Village Clerk shall forward the submitted materials to the Planning and Economic Development Zoning Administrator for a review for completeness, including if the appropriate fees were provided. Once the request or petition is deemed complete, the Planning and Economic Development Zoning Administrator shall, in writing, provide a statement of completeness to the Village Clerk. The Village Clerk shall then forward the request/petition to the Board of Trustees for consideration at the next available Board of Trustees meeting.

Acceptance, Public Hearing, and Referrals.

Acceptance. Upon receipt of a complete request or petition for Zoning Text Amendment, the Board of Trustees, at its discretion, may accept the request/petition.

Public Hearing. Upon acceptance, the Board of Trustees, by resolution adopted at such meeting, shall fix the time and place of a public hearing on the proposed Zoning Text Amendment. Notice of the public hearing is required in accordance with § 345-808.

Referral. Upon acceptance, whether by petition by an applicant, recommendation of the Zoning Board of Appeals, or by motion of the Board of Trustees, such Zoning Text Amendment shall be referred to the Planning Commission and the Westchester County Planning Board, per § 345-808G(1), for review and report before a public hearing is held thereon. Any proposed Zoning Text Amendment recommended by the Planning Commission need not be referred to the Planning Commission.

Board of Trustees Decision. Upon holding of a public hearing and subsequently closing the public hearing, the Board of Trustees, at its discretion, may approve, approve with modifications, or disapprove the request for Zoning Text Amendment. The Board of Trustees also has the discretion to not provide a decision on the request for Zoning Text Amendment. The Board of Trustees shall reserve decision on any Zoning Text Amendment until the Westchester County Planning Board and Planning Commission, if applicable, have provided their reports. If the Westchester County Planning Board or Planning Commission do not provide a report within 30 days of receipt, the Board of Trustees may proceed with a decision.

Approval Standards. A Zoning Text Amendment is a matter of legislative discretion that is not controlled by any one of the following standards, but rather on a balancing of these standards. The Board of Trustees shall consider the following criteria:

The proposed Zoning Text Amendment is consistent with the spirit and intent of this chapter and the Village of Port Chester Comprehensive Plan.

The proposed Zoning Text Amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.

The proposed Zoning Text Amendment does not create an undue number of nonconformities.

The proposed Zoning Text Amendment promotes the public health, safety, and welfare of the Village.

Abstract and Effective Date. For any Zoning Text Amendment adopted by the Board of Trustees:

A summary or abstract of such Zoning Text Amendment shall be provided in the official Village newspaper.

Such Zoning Text Amendment shall take effect 10 days after such publication.

Zoning Map Change.

Authorization. Under New York State Village Law, the Board of Trustees is authorized to review requests for Zoning Map Changes. However, taking action on such request is entirely discretionary.

Description. A Zoning Map Change allows for amendment of the Zoning Map in response to changed conditions or changes in Village policy.

Initiation.

The Board of Trustees, Planning Commission, or Zoning Board of Appeals may initiate a Zoning Map Change.

A property owner, or person expressly authorized by the property owner in writing, may petition the Village to initiate a Zoning Map Change for his/her property.

Procedure.

Request/Petition Submittal.

A Zoning Map Change initiated by a property owner's petition must be filed with the Village Clerk. The petition shall be accompanied by the application fee, as set forth in Village Code Chapter 175 (Fees). Any petition for Zoning Map Change must include the following information:

A map accurately drawn to an appropriate scale, showing the proposed zoning district boundary changes, property lines, tax lot identification, the calculated areas affected in acres or square feet, the Thoroughfare rights-of-way in the immediate vicinity and the lands and names of owners adjacent to (and extending within 100 feet of) all boundaries of the property to be rezoned.

A Full Environmental Assessment Form (FEAF), Part 1 and any supporting documentation, as required for compliance with SEQRA.

The appropriate fee, as indicated in Village Code Chapter 175 (Fees).

A Zoning Map Change initiated by recommendation of the Planning Commission or Zoning Board of Appeals shall be provided on letterhead and filed with the Village Clerk. No application fee is required.

A Zoning Map Change initiated by motion of the Board of Trustees shall require no submittal or application fee.

Completeness. Upon receipt of a Zoning Map Change request or petition, the Village Clerk shall forward the submitted materials to the Planning and Economic Development Zoning Administrator for a review for completeness, including if the appropriate fees were provided. Once the request or petition is deemed complete, the Planning and Economic Development Zoning Administrator shall, in writing, provide a statement of completeness to the Village Clerk. The Village Clerk shall then forward the request/petition to the Board of Trustees for consideration at the next available Board of Trustees meeting.

Acceptance, Public Hearing, and Referrals.

Acceptance. Upon receipt of a complete request or petition for Zoning Map Change, the Board of Trustees, at its discretion, may accept the request/petition.

Public Hearing. Upon acceptance, the Board of Trustees, by resolution adopted at such meeting, shall fix the time and place of a public hearing on the proposed Zoning Map Change. Notice of the public hearing is required in accordance with § 345-808.

Referral. Upon acceptance, whether by petition by an applicant, recommendation of the Zoning Board of Appeals, or by motion of the Board of Trustees, such Zoning Map Change shall be referred to the Planning Commission and the Westchester County Planning Board, per § 345-808G(1), for review and report before a public hearing is held thereon. Any proposed Zoning Map Change recommended by the Planning Commission need not be referred to the Planning Commission.

Board of Trustees Decision. Upon holding of a public hearing and subsequently closing the public hearing, the Board of Trustees, at its discretion, may approve, approve with modifications, or disapprove the request for Zoning Map Change. The Board of Trustees also has the discretion to not provide a decision on such request. The Board of Trustees shall reserve decision on any Zoning Map Change until the Westchester County Planning Board and Planning Commission, if applicable, have provided their reports. If the Westchester County Planning Board or Planning Commission do not provide a report within 30 days of receipt, the Board of Trustees may proceed with a decision.

Approval Standards. A Zoning Map Change is a matter of legislative discretion that is not controlled by any one of the following standards, but rather on a balancing of these standards. The Board of Trustees shall consider the following criteria:

The proposed Zoning Map Change is consistent with the spirit and intent of this chapter and the Village of Port Chester Comprehensive Plan.

The proposed Zoning Map Change is compatible with the existing form, pattern, use, and zoning of nearby properties.

The proposed Zoning Map Change corrects an error or omission, adds clarification to the existing Zoning Map, or reflects a change in policy.

The proposed Zoning Map Change is consistent with the trend of development, if any, in the general area of the property in question.

The proposed Zoning Map Change promotes the public health, safety, and welfare of the Village.

Abstract and Effective Date. For any Zoning Map Change adopted by the Board of Trustees:

A summary or abstract of such Zoning Map Change shall be provided in the official Village newspaper.

Such Zoning Map Change shall take effect 10 days after such publication.

§ 345-808 Public notice requirements.

Intent and Purpose. As required by New York State Village Law, for certain types of development review applications published public notice in a local newspaper is required. In order to provide enhanced notice to property owners, neighbors, and the community at-large regarding development review applications within the Village of Port Chester, enhanced public notice requirements have been established.

Summary of Notice Required. Public notice shall be required for applications that require a public hearing. Required public notices are summarized in Table 345.808, Public Notice Requirements. Public meetings shall not require any public notice.

[Amended 12-21-2020 by L.L. No. 3-2021]

Table 345.808 Public Notice Requirements
Application Type	Published Notice	Mailed Notice	Posted Notice
Building and Lot Plan
Site Plan	•	•	•
Development Parcel Plan	•	•	•
Special Exception Use	•	•	•
Subdivision	•	•	•
Eligible Facilities Requests
Wireless Telecommunications Facilities¹	See § 345-405W	See § 345-405W	See § 345-405W
Zoning Text Amendment	•	•
Zoning Map Change	•	•	•
Appeal of Decision, Zoning Variance, Interpretation	•	•	•
Sign Permit
NOTE:
¹For wireless telecommunications facilities, additional noticing requirements are provided for in § 345-405W, Wireless Telecommunications Facilities.

Published Notice.

The applicant is responsible for published notice. If the request is from the Board of Trustees, the Village Clerk is responsible for published notice.

When published notice is required, it must be published at least 10 days prior to the date of the public hearing in the Village's official newspaper.

The published notice must be in both English and Spanish and include, at a minimum:

A description of the application type and brief summary of the approval sought.

The current zoning district of the subject property, if applicable.

A legal description or street address of the subject property, if applicable.

The time, date, and location of the public hearing.

The website address or QR Code of the Department of Planning and Economic Development's Development Review website.

The Department of Planning and Economic Development's phone number and email address to contact the Village for information.

(g)

A statement that interested parties may appear at the public hearing.

An Affidavit of Publication shall be provided to the Planning and Economic Development Zoning Administrator at least five days prior to any proceedings of the Decisionmaking Authority.

Mailed Notice.

The applicant is responsible for mailed notice. If the request is from the Board of Trustees, the Village Clerk is responsible for mailed notice.

When mailed notice is required, it must be certified mailed at least 10 days prior to the public hearing.

Mailed notice must be sent by mail to the property owner of the subject property, as well as all property owners within 200 feet of the property line of the subject property. For applications for a Zoning Text Amendment and Zoning Map Change, such mailed notice must be sent to all property owners within 500 feet of the property line of the subject property. Applications for Wireless Telecommunications Facilities shall follow the noticing requirements provided for in § 345-405W, Wireless Telecommunications Facilities.

[Amended 12-21-2020 by L.L. No. 3-2021]

The mailed notice must be in both English and Spanish and include, at a minimum:

A description of the application type and brief summary of the approval sought.

The current zoning district of the subject property, if applicable.

A legal description or street address of the subject property, if applicable.

The time, date, and location of the public hearing.

The website address or QR Code of the Department of Planning and Economic Development's Development Review website.

The Department of Planning and Economic Development's phone number and email address to contact the Village for information.

(g)

A statement that interested parties may appear at the public hearing or meeting.

An Affidavit of Mailing shall be provided to the Planning and Economic Development Zoning Administrator at least five days prior to any proceedings of the Decisionmaking Authority.

For those certified mailings that are returned, such returns shall be provided to the Department of Planning and Economic Development.

The failure of any individual neighboring property owner to receive mailed notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.

Posted Notice.

The applicant is responsible for posted notice. If the request is from the Board of Trustees, the Village Clerk is responsible for posted notice.

When posted notice is required, the applicant shall post one sign per 300 linear feet of frontage on each street upon which the subject property fronts, at least 10 days prior to the public hearing and any continued public hearing thereafter.

When an application involves multiple properties, signs must be placed in all locations determined by the Planning and Economic Development Zoning Administrator.

The posted notice sign must be in English and Spanish. The Department of Planning and Economic Development shall establish policies and procedures with regards to such signs.

[Amended 12-21-2020 by L.L. No. 3-2021]

An Affidavit of Posting with photographic documentation of the posted notice signs shall be provided and must be signed by the person posting the signs, notarized, and returned to the Department of Planning and Economic Development immediately after posting the notice, a minimum of 24 hours prior to the public hearing.

[Amended 12-21-2020 by L.L. No. 3-2021]

The applicant must maintain the public notice sign in good condition throughout the posting period. Public notice signs defaced or damaged prior should be, but are not required to be replaced by the applicant within a reasonable amount of time before the public hearing.

[Amended 12-21-2020 by L.L. No. 3-2021]

Public notice signs must be removed within five days of the closing of the public hearing. Signs not removed within such time period shall constitute a violation under this chapter.

[Amended 12-21-2020 by L.L. No. 3-2021]

Notice Defects. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.

Additional Notification.

Westchester County Notification. If the proposed application affects the interest of Westchester County, as required by § 239 of the New York State General Municipal Law and § 277.61 of the Westchester County Administrative Code, the applicant or Village Clerk shall mail a copy of the published notice of the public hearing and a copy of the proposed application with supporting material describing the substance of the application to the Westchester County Planning Board at least 10 days prior the public hearing and at least 30 days prior to any Village action.

Adjoining Municipalities. If the land involved in any application lies within 500 feet of the boundary of any other municipality, the applicant or Village Clerk shall mail a copy of the published notice of the public hearing, along with supporting material describing the substance of the application, to the municipal Clerk of such adjoining municipality at least 10 days prior to the public hearing.

Modification to Public Notice Requirements. The Board of Trustees, Planning Commission, or Zoning Board of Appeals may modify or waive the public notice requirements, as described herein, unless otherwise required by county or state law.

§ 345-809 Sign permits.

Sign Permit Required. No Sign other than an Exempt Sign may exist or be erected, installed, altered, modified, or restored in the Village unless it is the subject of a valid Sign Permit issued by the Building Inspector in accordance with this § 345-809.

Applications. Sign Permit applications shall be made to the Building Inspector.

Application Requirements. Each application for a Sign Permit shall be accompanied by a fully dimensioned Sign Plan that reflects that such Sign, the method and means of its installation, its type, and its location on the applicable Building or Lot, is in compliance with all applicable standards and requirements of this chapter, together with such other information as may be necessary to determine and provide for the enforcement of § 345-701.

[Amended 12-21-2020 by L.L. No. 3-2021]

Discretionary Review by Planning and Economic Development Zoning Administrator; Certificate of Compliance.

[Amended 12-21-2020 by L.L. No. 3-2021]

Upon receipt of an application for a Sign Permit, the Building Inspector may at his or her discretion forward to the Planning and Economic Development Zoning Administrator a copy thereof and copies of all accompanying materials, including without limitation the Sign Plan.

If forwarded by the Building Inspector, the Planning and Economic Development Zoning Administrator shall review such application, Sign Plan, and other materials to determine whether the proposed Sign complies with § 345-701.

If forwarded by the Building Inspector and if the Planning and Economic Development Zoning Administrator determines that the application, Sign Plan, and other materials, comply with § 345-701, he or she shall issue a Certificate of Compliance, certifying compliance with § 345-701, and shall forward a copy of the same to the Building Inspector.

Issuance of Sign Permit. A Sign Permit shall be issued by the Building Inspector if and only if:

[Amended 12-21-2020 by L.L. No. 3-2021]

The applicant pays the application fee in accordance with Chapter 175 (Fees); and

The Building Inspector determines that the application, proposed Sign, and the Sign Plan and other materials accompanying the application conform to the applicable requirements of the Building Code and all applicable electrical codes; and

If requested by the Building Inspector per § 345-809D, the Building Inspector has received a copy of the Planning and Economic Development Zoning Administrator's Certificate of Compliance, certifying compliance with § 345-701. Otherwise, the Building Inspector determines that the application, proposed Sign, and the Sign Plan and other materials accompanying the application conform to § 345-701.

Location of Signs within a Site Plan or Development Parcel Plan Application.

An applicant may choose to include the location of a Sign within its Site Plan application or Development Parcel Plan. The applicant is still required to file a Sign Permit application with the Building Inspector after any Site Plan or Development Parcel Plan approval.

The Planning Commission reserves the right to approve or disapprove the location of a Sign, if it so chooses.

§ 345-810 Building permits and certificates of occupancy.

Building Permits. All procedure with respect to applications for and issuance of Building Permits shall be in conformity with the provisions of Chapter 151, Building Code Administration and Enforcement, of the Code of the Village of Port Chester.

Certificates of Occupancy. All procedure with respect to applications for and issuance of a Certificate of Occupancy shall be in conformity with the provisions of Chapter 151, Building Code Administration and Enforcement, of the Code of the Village of Port Chester.

§ 345-811 Maintenance of approval.

Maintenance of Required Improvements. Upon any approval, an applicant shall be required to complete and maintain all Improvements required pursuant to this chapter consistent with the approval. All conditions and requirements imposed pursuant to the approval process shall be complied with for the life of the Improvements. All Improvements shall be maintained in a fully functional state in good repair and/or healthy condition.

Performance Bonding.

As an alternative, an applicant may file with the Village Engineer a performance bond or other suitable security ("bond") to cover the full cost of required Improvements in an amount set by the Village Engineer.

After receiving approval of the bond from the Village Engineer, the applicant must file the bond with the Village Clerk.

The bond shall be conditioned upon the property owner's or developer's completing the required public improvements enumerated on the approved Site Plan in a manner satisfactory to the Village and with said improvements functioning properly for a period of one year from their completion. If such public facility improvements are not so completed or do not so function, the bond shall be forfeited, and the Village shall be entitled to the full amount and shall use the amount necessary to complete the work not done. If any amount of money remains after the Village has completed said work, such excess money shall be returned to the surety or person putting up the required bond. Approval by the Village Engineer, on notice to the Decisionmaking Authority, must be obtained before any bonds or excess money are returned.

The bonds to be deposited as herein provided may consist of bonds of the kinds and nature authorized in § 106 of the General Municipal Law.

For the SD-PRD District, refer to Table 345.405.A-10 (District Standards: Planned Residential Special District).

Maintenance Bonding/Declaration.

Upon any approval that involves the installation of a new drainage detention or retention system, an applicant shall be required to sign and notarize a Stormwater Management Practices Maintenance Declaration stating that the property owner is responsible for the installation, maintenance and repair of the stormwater management practices, drainage easements, and any associated landscaping identified in the approval.

Per § 345-405R(2)(b), a maintenance bond lasting one year must be provided for all plantings required in Districts CD-4, CD-5, CD-5W, CD-6, CD-6T, and Civic Districts.

[Amended 1-19-2021 by L.L. No. 5-2021]

Prior Approvals. Any approval issued under prior zoning laws shall be maintained consistent with such approval. All conditions and requirements imposed pursuant to prior approval process shall be complied with for the life of the Improvements. All Improvements shall be maintained in a fully functional state, manicured and in good repair and/or healthy condition.

§ 345-812 Compliance required.

Conditions of Compliance. No board, agency, officer or employee of the Village may issue, grant or approve any application, Plan, permit, license, certificate, or other authorization under this chapter unless all applicable requirements of this chapter have been complied with and unless the construction, reconstruction, Alteration, modification, enlargement, or moving of any Development, Improvement, or Structure, or for any Use of any land, or Structure, would be in full compliance with the provisions of this chapter.

Effect of Mistaken Action Taken or Action Taken in Violation of Chapter. If any application, plan, approval, permit, license, certificate, or other authorization was issued, granted, or approved mistakenly or in violation of the provisions of this chapter, such application, plan, approval, permit, license, certificate, or other authorization shall be null and void and of no effect, without the necessity of any proceedings or revocation or nullification thereof. Any work undertaken or Use established pursuant to any such approval, permit, license, certificate, or authorization shall be unlawful, and no action shall be taken by any board, agency, officer or employee of the Village purporting to validate any such violation. In such instance, a new development review application shall be necessary, pursuant to this chapter.

Revocation of Approval. If any of the Department Zoning Administrators determines that an approval was issued in error because of incorrect, incomplete or inaccurate information or fraud and the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Zoning Administrator within such period of time as stated in the "Notice of Violation and Order to Abate," such approval shall be revoked.

§ 345-813 Violations and penalties; enforcement.

Accountability. Any owner, lessee, contractor, agent or other person in possession and control who uses, erects, enlarges, alters, moves or maintains any Building, Structure, land, premises, or any part thereof except in conformity with the provisions of this chapter or of any conditions or requirements imposed thereunder or in compliance with a condition imposed by the Planning Commission, Zoning Board of Appeals, or other responsible official or who otherwise violates any provision of this chapter shall be subject to the enforcement and penalties imposed and contained in this section.

Inspection. In order to determine compliance with this chapter, the Code Enforcement Zoning Administrator is authorized, to the extent permitted by law, to enter, inspect, and examine any Building, Structure, place, land, premises, or Use in the Village of Port Chester.

Notice of Violation and Order to Abate.

Written Notice of Violation. Upon finding any construction, Improvements, or Uses to be in violation of this chapter, the Code Enforcement Zoning Administrator shall transmit a written Notice of Violation and Order to Abate by posting same on the subject property and by personal service or registered or certified mail, to the responsible party(ies).

Content of Notice. The Notice of Violation shall be a written, succinct statement, signed and dated by the Code Enforcement Zoning Administrator, in form and content containing the following:

The street address and Tax Parcel Identification Number;

The condition or activity that violates this chapter;

The provision(s) of this chapter which is/are violated by the specified condition or activity;

A period of 30 days for achieving compliance unless a shorter period is determined by Code Enforcement Personnel;

A directive that compliance be achieved within the specified period of time to the satisfaction of the Code Enforcement Zoning Administrator; and

A failure to comply with the directive within the said time shall subject the recipient to enforcement as provided in this section.

Compliance Period. The Code Enforcement Zoning Administrator is authorized to grant an additional 30 days to comply with a Notice of Violation and Order to Abate on a showing of just cause.

Abatement of Violations. The Code Enforcement Zoning Administrator may undertake actions including, but not limited to, the issuance of a stop-work or cease-and-desist order, instituting an appropriate legal action or proceeding to prevent, restrain, correct, or abate any violation of this chapter, to prevent the occupancy of premises, or to prevent any activity, business, or Use in violation of this chapter or any conditions or requirements imposed under it or in violation or without complying with a condition imposed by the Zoning Board of Appeals, Planning Commission, or other responsible official.

Penalties.

Each and every day a violation of this chapter exists shall constitute a separate and distinct offense.

Persons found guilty of a first offense shall be subject to a fine not exceeding $700 for each violation and/or imprisonment up to 15 days, and each such violation shall constitute a violation.

Persons found guilty of a second offense, both of which were committed within a period of 10 years, shall be subject to a fine of not less than $700 nor more than $1,400 and/or imprisonment up to one year, and each such violation shall constitute a misdemeanor.

Upon conviction of a third or subsequent offense, all of which were committed within a period of 10 years, violators shall be subject to a fine not less than $1,400 nor more than $2,000 and/or imprisonment up to one year, and each such violation shall constitute a misdemeanor.

In addition to those penalties prescribed above, any person who violates any provision of this chapter shall be liable to a civil penalty in a minimum amount of $250 not to exceed $1,000. Each day of such violation shall constitute a separate and distinct offense. The civil penalty provided by this subsection shall be recoverable in an action instituted in the name of the Village of Port Chester.

Court Action. An action or proceeding may be instituted in the name of the Village of Port Chester, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct or abate any violation of, or to enforce, any provision of this chapter or condition imposed by the Zoning Board of Appeals, Planning Commission, or other responsible official. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of this chapter, an action or proceeding may be commenced in the name of the Village of Port Chester in a court having the requisite jurisdiction so as to secure an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions.

Other Remedies. 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, moving, 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.

Remedies Not Exclusive. The election of any one of the enforcement actions provided hereinabove shall not be exclusive.

§ 345-814 Professional expenses.

Purpose. From time to time, the Board of Trustees, Planning Commission, Zoning Board of Appeals, and Village staff require the specialized expertise of professional consultants, such as engineering, planning or legal, to assist in making reasoned and informed decisions in compliance with law. Such expertise necessarily requires an expense, which the Board of Trustees finds should not be assumed by the Village and its general taxpayers. Therefore, it is the purpose of this section to require reimbursement to the Village for the actual expenses of professional consultants at any stage in the development process, to include, but not be limited to preapplication, site plan, subdivision, and zoning applications, through an escrow account established by the Village for such purpose. This expense shall be in addition to any fee required by other law, regulation or resolution of the Village.

Professional Consultant Review Fees.

Escrow Agent. The Village Treasurer or his/her designee shall act as the escrow agent for the purposes of this § 345-814.

Expense. The expense of such professional consultants shall be in accord with fees consistent with that charged for such services in the metropolitan New York region and pursuant to a contractual agreement between the Village and such consultant. All such charges shall be paid by the Village upon submission of a Village voucher.

Reimbursement. The Village shall be reimbursed for the actual cost of such services, in accordance with the procedures described in § 345-814A.

Evidence of Payment. Evidence of payment of all professional consultant review fees shall be provided by the Village Treasurer, acting in the capacity as escrow agent, who shall, upon request of the applicant, Decisionmaking Authority, or Village staff, provide a statement of account.

Payment as Condition to Issuance/Action. Full payment of such fees shall be a condition of final action by a Decisionmaking Authority, as the case may be.

Escrow Accounts.

Preapplication. For the review of Development concepts and proposals, an escrow fee shall be required. Upon submittal of a Project Proposal Form ("PPF") to the Department of Planning and Economic Development, and prior to any preapplication or other review thereof, a minimum escrow fee of $2,500 shall be provided by a prospective applicant in order to initiate the review process.

Formal Application. At the time of submission of a formal application for the following types of applications, the applicant shall tender an amount as set herein to allow the Village to establish an escrow account. No application shall be deemed complete until such time as said tender is made.

Table 345.814 Application Escrows
Type of Application	Minimum Amount
Building and Lot Plan	$1,000
Site Plan	$10,000
Development Parcel Plan	$10,000 (unless with a site plan)
Special Exception Use	$5,000 (unless with a site plan)
Subdivision
2 lots	$1,000
3 lots or more	$10,000
Eligible Facilities Requests	$0
Area Variance or Interpretation by the Zoning Board of Appeals	$0
Use Variance	$10,000
Zoning Text Amendment or Zoning Map Change	$10,000

Adjustment of Amounts. These amounts may be adjusted at the time of application in the discretion of the Director of Planning and Economic Development, depending on the complexity of the application, the number of Village approvals that may be concurrently required, or other relevant factors.

Estimate of Costs. Before an escrow account is established, the prospective applicant or applicant shall be provided with a written estimate of the costs anticipated to be incurred in such professional review.

Replenishment of Escrow. When the balance in such escrow account is reduced to 1/2 of its initial amount, the applicant shall be notified in writing by the Village and shall deposit additional funds into such account as required. If the escrow account is not replenished within 30 days after the applicant is notified in writing of the requirement of an additional deposit, the further review of the application may be suspended. In addition, the Decisionmaking Authority shall not be required to comply with the time periods, if any, by applicable law, if the applicant fails to replenish the account as aforesaid. Any such time periods shall begin to accrue again upon receipt of the required payment.