Village of Ossining, NY Miscellaneous Provisions

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health and safety, specifically provided to the contrary that it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelters or premises, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of a building or premises or requires larger open spaces than are imposed or required by any other statute, law, rule, regulation or permit or by any easement or agreement, the provisions of this chapter shall control.

Notwithstanding the repeal of prior ordinances, certain applications, building permits, buildings and approvals shall, in recognition of their particular circumstances and in the interest of fairness, have the status defined below:

Subdivision.

(1)

Subdivision that, before the effective date of Local Law No. 4-2009, have either been granted preliminary or final subdivision approval by the Planning Board shall be governed by the 1990 Zoning Law of the Village of Ossining, New York, and all amendments thereto, and the Village's Subdivision Law, Chapter 233, as it existed on the day immediately prior to the effective date of Local Law No. 4-2009.

(2)

All other subdivision applications shall be governed by the 2009 Zoning Law of the Village of Ossining, New York, and the Village's Subdivision Law, Chapter 233, as they are amended from time to time.

Special permit, conditional use permit, site plan and zoning variance applications.

(1)

Special permit, conditional use permit, site plan and zoning variance applications that have received approval from the Planning Board, Zoning Board of Appeals or Board of Trustees before the effective date of Local Law No. 3-2009 shall be governed by the 1990 Zoning Law of the Village of Ossining, New York, and all amendments thereto. All permits, site plans and variances given this status, if approved, shall subsequently be processed in accordance with normal building permit and construction procedures with the following conditions:

(a)

Special permit, conditional use, site plan or zoning variance approvals granted before the effective date of Local Law No. 3-2009 shall be valid for one year from the effective date of Local Law No. 3-2009 for the purpose of obtaining a building permit. Failure to secure a building permit during this time period shall cause the approval to become null and void.

(b)

Upon the request of the holder of such approval, the Planning Board may grant an extension of such expiration for a period not to exceed one year. There shall be no limit to the number of extensions that may be granted, but the total time period of all extensions requested shall not exceed two years.

(2)

All other special permits, conditional use permits, site plans and variances shall conform to the 2009 Zoning Law of the Village of Ossining, New York, as amended.

Building permits. Building permits issued before the effective date of Local Law No. 3-2009 for construction but which do not conform to the 2009 Zoning Law of the Village of Ossining, New York, as amended, shall nonetheless be valid in accordance with the following schedule:

(1)

The building permit shall be valid during the normal one-year building permit time period;

(2)

The building permit shall be valid during the normal one-year extension time period, if an extension is granted by the Village of Ossining Building Department; and

(3)

For good cause shown, the Village of Ossining Building Department may grant one additional extension for a time period of one year.