[Amended 12-11-1995 by L.L. No. 6-1995]
A.
Established; name; legislative intent and purposes.
(1)
A Planning Board is hereby established pursuant to
§ 7-718 of the Village Law.
(2)
Legislative intent and purposes. It is the intent
and purpose of the Board of Trustees in adopting this article to grant
to the Planning Board the full authority that is or may be granted
to such body by New York State Law (whether statutory, judicial or
otherwise) including, but not limited to, preparation of a Village
Comprehensive Plan and the review of, approval or disapproval of site
plans and subdivisions and thereby, in conformance with and in furtherance
of the purposes, goals and legislative intent of such law:
(a)
To guide and encourage the appropriate use or
development of land and hence to promote the rational functioning,
the economic stability and the public health, safety, morals and general
welfare of the community;
(b)
To secure the public safety from fire, flood, panic and other natural or man-made disasters, and further to protect neighboring owners and users by insuring, in connection with any development, that the standards set forth in Article VI, Site Plan and Subdivision Approval, are fully and expressly applied to such development;
(c)
To preserve and provide adequate light, air,
views and open space;
(d)
To promote the establishment of appropriate
population densities that will contribute to the well-being of persons,
neighborhoods and the preservation of the environment;
(e)
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies;
(f)
To encourage the location and design of transportation
routes that will promote the flow of traffic while discouraging and,
where necessary and appropriate, prohibiting locations of such facilities
and routes that result or may result in congestion, blight, excessive
noise, threat to the public safety or comparable problems;
(g)
To encourage qualities of excellence in building,
landscape and other design; and to create a desirable visual environment
by insuring that the appearance of structures is congruent and consistent
with the character and quality of the community;
(h)
To preserve the character and quality of the
Village's heritage by maintaining the integrity of those areas which
have a discernible character or are of special historic significance;
(i)
To promote those qualities in the environment
which bring value to the community and to prevent degradation and
blighting of the environment;
(j)
To foster the attractiveness and functional
utility of the community as a place in which to live and work;
(k)
To promote the conservation of open space and
valuable natural and historical resources; and
(l)
To encourage planned development and, where
appropriate, a mix of uses within permissible use zones.
B.
Composition; terms, vacancies, compensation; disqualification
for interest.
(1)
The Planning Board shall consist of five members and
two alternate members, residents of the Village, to be appointed by
the Mayor with the consent of the Board of Trustees. Insofar as practicable
one member of the Planning Board shall be a licensed architect of
the State of New York. Alternates may, but need not, be Design Review
Committee Advisors.
[Amended 2-14-2000 by L.L. No. 1-2000]
(2)
The term of each member shall be five years, with
eligibility for reappointment, computed from the first day of the
official Village year of the year of appointment except that full
terms filled for the first time shall be so fixed (for five or less
years) and so arranged that, to the greatest practicable extent, the
expiration of terms will be distributed evenly over the first five
years after the initial appointments. If a vacancy shall occur, it
shall be filled by appointment as above provided for the unexpired
term only. Members shall serve after the expiration of their terms
until their successors shall have been appointed and qualified.
(3)
Members shall serve without salary.
(4)
Members shall hold no other Village office or position
except that a member may also serve as a member of the Design Review
Committee.
(5)
No member shall be permitted to act on any matter
in which he has, directly or indirectly, any personal or financial
interest.
(6)
Each alternate member of the Planning Board shall
attend meetings of the Planning Board and shall be entitled to participate
in all activities of the Planning Board as if such alternate was a
member, but shall vote only in the event that a member is absent,
has a conflict of interest or is otherwise unable to vote with respect
to a particular matter and the Chairman designates such alternate
to so vote. At any meeting at which the Chairman determines that one
or more members is unable to vote for any of the foregoing reasons,
the Chairman may (but shall not be required to) designate an alternate
(or alternates, as appropriate) to vote at such meeting in place of
such member or members. One or more of the alternates may be substituted
for member(s) when required for a quorum. This subsection is adopted
pursuant to the authority granted by § 10, Subdivision 1e(3),
of the Municipal Home Rule Law and shall supersede any provision of
the Village Law which is inconsistent herewith.
[Added 2-14-2000 by L.L. No. 1-2000]
C.
Officers; Counsel; staff.
(1)
The Chairman and Vice Chairman of the Planning Board
shall be appointed by the Mayor, with the consent of the Board of
Trustees, from among the members. Their terms of office as such shall
each be two years to run concurrently, with eligibility for reappointment.[1]
[1]
Editor's Note: Original § 30.81.C.2,
which immediately followed this section and dealt with the appointment
of a Secretary, was repealed 2-14-2000 by L.L. No. 1-2000.
(2)
The Planning Board may appoint Counsel, who shall
be an attorney-at-law of the State of New York, whose term of office
shall be one year, with eligibility for reappointment.
[Amended 5-14-2007 by L.L. No. 3-2007]
(3)
The Planning Board may, with the consent of the Board of Trustees, employ or contract for and fix the compensation of such experts and other staff and services as it deems necessary. These experts and/or staff shall provide services for the general operation of the Planning Board. Where review of a particular application requires services from experts or professional consultants, the reasonable costs for such experts and/or consultants shall be paid pursuant to Article X.
[Amended 5-14-2007 by L.L. No. 3-2007]
D.
Design Review Committee.
[Amended 5-9-2011 by L.L. No. 4-2011]
(1)
The Design Review Committee shall consist of five advisors and two alternate advisors. For purposes of duties, responsibilities and requirements of this § 310-43D, alternate advisors shall be deemed advisors unless otherwise specified. Advisors shall be residents of the Village of Bronxville and, insofar as practicable, individuals especially qualified in design by reason of training, education and/or experience in historic preservation, visual arts, architecture, landscape architecture, urban design, engineering, building construction or similar business or profession. Advisors shall be appointed by the Mayor with the consent of the Board of Trustees. An advisor may, but need not, be a member of the Planning Board. A Chairman of the Design Review Committee shall be appointed by the Mayor, with the consent of the Board of Trustees, from among its members. His or her term of office as such shall be two years with eligibility for reappointment.
[Amended 3-13-2023 by L.L. No. 2-2023]
(3)
The Advisors and any non-member Secretary shall be entitled to participate
in all activities of the Planning Board as if they were members, except
that, unless they are members of the Planning Board, they shall not
be entitled to a Planning Board vote and shall not be counted in determining
the presence of a quorum.
(4)
In addition to the other duties and responsibilities set forth in
this article, the Design Review Committee shall review such aspects
of an application for development as the Planning Board may refer
to it, conduct such investigations as it may deem appropriate and
make recommendations thereon to the Planning Board.
(5)
The Design Review Committee's meeting shall be open to the public
and held on notice to members, Advisors, Secretary, Counsel, the applicant
and the public, in accordance with applicable legal requirements.
(6)
The alternate Advisor shall attend meetings of the Design Review
Committee and shall be entitled to participate in all activities of
the Design Review Committee as if such alternate Advisor is a member,
but shall vote only in the event that an Advisor who is not an alternate
is absent, has a conflict of interest or is otherwise unable to vote
with respect to a particular matter and the Chairman of the Design
Review Committee designates such alternate to so vote. At any meeting
at which the Chairman of the Design Review Committee determines that
an Advisor who is not an alternate is unable to vote for any of the
foregoing reasons, the Chairman may (but shall not be required to)
designate the alternate to vote at such meeting in place of such Advisor.
E.
Powers and duties as to Comprehensive Plan. The Planning
Board shall prepare and recommend to the Board of Trustees to adopt
a Comprehensive Plan within the meaning of § 7-722 of the
Village Law for the physical, economic and social development of the
Village and shall review and may recommend to the Board of Trustees
to amend the same from time to time. It may make such additional surveys
and studies as may be necessary or desirable to carry out its duties.
F.
Powers and duties as to applications for development;
exemptions.
(1)
The Planning Board shall receive, review and act upon applications for development, except as provided in Subsection F(2) hereof.
(2)
Applications for development relating to detached
single family residential buildings permitted as of right under applicable
zoning regulations and structures and uses incidental thereto, are
exempt from the provisions of this article; but this exemption shall
not apply to any subdivision nor to the construction of two or more
dwelling units under common ownership or control on contiguous lots
or on lots within the same subdivision under a building permit issued
during the same period of 12 months beginning with the date of the
first permit issued.
G.
Powers as to CD and CBAT District applications. The Planning Board shall receive, review and act upon CD and CBAT District applications as provided in § 310-44C(4) of this article.
[Amended 6-28-2011 by L.L. No. 5-2011]
H.
Delegated powers and duties generally. All other powers
and duties provided by New York State Law (statutory, judicial or
otherwise) for a planning board are hereby delegated to the Planning
Board.
I.
Planning Board powers not to be exercised by any other
body. No power expressly authorized by this article to be exercised
by the Planning Board shall be exercised by any other body.
J.
Appropriations; disbursing officer.
(1)
Special appropriations for the activities of the Planning
Board may be made from time to time by the Board of Trustees in such
amounts and for such proposes as it shall approve and such special
appropriations shall be raised, assessed, levied and collected in
the manner provided by law.
(2)
The Treasurer of the Village shall disburse moneys
to the Planning Board only upon authorization signed and approved
by the Chairman or, in his or her absence, the Vice Chairman of the
Planning Board and supported by proper vouchers, after satisfying
himself or herself that such disbursements are within budgetary limitations
and appropriations made available for the use of the Planning Board.
A.
General.
(1)
Rules and regulations. The Planning Board may adopt,
amend and rescind reasonable rules and regulations, not inconsistent
with this article, for the administration of its functions, powers
and duties, including hearings and shall finish a copy therefore to
any person upon request and may charge a reasonable fee for such copy.
Copies of all such rules and regulations and amendments thereto shall
be maintained in the office of the Village Clerk.
(2)
Published and mailed notices.
(a)
Whenever any notice by publication is required
or permitted under the provisions of this article, it shall be published
in the official newspaper of the Village if there be one or in a newspaper
of general circulation in the Village.
(b)
Whenever any notice is required or permitted
to be given by certified mail under the provisions of this article,
such notice shall be deemed complete upon mailing.
B.
Meetings.
(1)
Regular meetings. The Planning Board shall hold regular
meetings at the times and places fixed by its rules. Regular meetings
shall be scheduled not less than once a month and shall be held as
scheduled unless canceled for lack of applications for development
to process or other appropriate business.
(2)
Special meetings.
(a)
Special meetings of the Planning Board may be
provided for at the call of the Chairman or in his or her absence
the Vice Chairman or on the request of any two members and such meetings
shall be held on notice to the members, Advisors, Secretary, Counsel
and the public in accordance with applicable legal requirements.
(b)
Meetings of the Design Review Committee may
be provided for at the call of its Chairman, the direction of the
Chairman of the Planning Board or, in his or her absence, the Vice
Chairman or on the request of any two members and such meetings shall
be held on notice to the members, Advisors, Secretary, Counsel and
the public in accordance with applicable legal requirements.
(4)
Actions at meetings; quorum. No action except adjournment
shall be taken at any meeting of the Planning Board and Design Review
Committee without a quorum being present. A quorum shall consist of
three members in the case of the Planning Board and two members in
the case of meeting of the Design Review Committee. All actions shall
be taken by a majority vote of members present in the case of the
Planning Board and Advisors present in the case of meetings of the
Design Review Committee, except that approval by the Planning Board
of a site plan, subdivision application, CD or CBAT District application
or any action affecting the Comprehensive Plan shall require the affirmative
vote of at least three members.
[Amended 6-28-2011 by L.L. No. 5-2011]
(5)
Minutes. Minutes of every regular or special meeting
of the Planning Board and the Design Review Committee shall be kept
and shall include the names of the persons appearing and addressing
the Planning Board or Design Review Committee and the persons appearing
by attorney, the action by the agency, the findings, if any, made
by it and the reasons therefor. The minutes shall thereafter be made
available for public inspection during normal business hours at the
office of the Village Clerk.
C.
Applications to Planning Board.
(1)
Form; submissions. Whenever an application for development
to the Planning Board is permitted or required by this article, it
shall be in such form and submitted to the Superintendent in such
number of copies and accompanied by such documents and materials,
as are prescribed by this article and the rules of the Planning Board.
The Superintendent shall forward a copy of each such application to
the Chairman of the Planning Board and the Chairman of the Design
Review Committee promptly upon receipt from the applicant.
(2)
Fees. Each such application for development shall
be accompanied by payment of a fee to the Village as established by
resolution of the Board of Trustees.
(3)
Applications for development to include description of related variance. Each application for development shall include a description of any variance which is to be submitted to the Zoning Board of Appeals in accordance with Article IX of this chapter.
(4)
Applications for development involving CD or CBAT
District designation. Each application for development that involves
a request for CD or CBAT District designation shall be accompanied
by a CD or CBAT District application to the Board of Trustees.
[Amended 6-28-2011 by L.L. No. 5-2011]
(5)
Filing dependent upon approval of adequacy of content
and completeness; incomplete application for development. The Superintendent
and the Chairman of the Design Review Committee shall each make an
examination of the application as to adequacy of content and completeness
and shall report their respective or joint findings to the Chairman
of the Planning Board and the applicant within 10 days of the date
of submission to the Superintendent. If any application for development
is found to be incomplete by either the Superintendent or the Chairman
of the Design Review Committee or if it is not accompanied by the
required fee, the applicant shall be so notified by the Superintendent
within 10 days after the submission of the application and the application
shall be deemed incomplete until the deficiencies are corrected. If
notice is not given within such period, the application shall be deemed
to have been properly made to the Planning Board on the 10th day after
submission to the Superintendent.
D.
Hearings on applications for development.
(1)
Hearing required. The Planning Board shall hold a
hearing which may be adjourned from time to time on each application
for development within 62 days of receipt of a complete application.
(2)
Documents to be filed and available for public inspection;
other documents. Any maps and documents in support of an application
for which approval is sought shall be on file and available for public
inspection at least 10 days before the date of the hearing during
normal business hours in the office of the Village Clerk. Other documents,
records or testimony may be produced at the hearing to substantiate,
clarify or supplement the previously filed maps and documents.
(3)
Public comment. In connection with any public hearing
by the Planning Board, members of the public shall be given reasonable
opportunities to comment upon any matter then being considered by
the Planning Board and to make written submissions in connection therewith.
(4)
Recordings of proceedings; transcripts.
(a)
The Planning Board may provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means and if one is made, shall furnish a transcript or
duplicate recording in lieu thereof, on request to any person at his
or her expense.
(b)
In directing that notice of a meeting be given,
the Chairman or, in his or her absence, the Vice Chairman shall instruct
the Village Administrator whether to arrange for verbatim recording.
Insofar as practicable, such recording shall be made when any member
advises he or she cannot attend the meeting or when two or more members
so request.
(c)
Any person shall, on reasonable notice of request,
be given permission to make a verbatim recording of any meeting, provided
that a copy of the transcript or a duplicate is provided free of charge
to the Planning Board.
E.
Notice of hearings on applications for development.
(1)
Notice required; length of notice; exceptions. Notice
of hearing shall be mailed by the applicant.
(2)
Notice by publication required. Notice shall be given
in all cases by publication in the official newspaper of the Village
at least 10 days prior to the hearing.
(3)
Contents. The notice shall state the date, time and
place of the hearing, the nature of the matters to be considered and
the location and times at which any maps and documents relating to
the proposal or application for which approval is sought are available
in the office of the Village Clerk. In addition, in the case of an
application for development, the notice shall contain an identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current Village
tax roll in the Village Assessor's office and shall include reference
to all requests made in conjunction therewith, whether for approval
of a site plan, subdivision, variance or CD or CBAT District designation.
[Amended 6-28-2011 by L.L. No. 5-2011]
(4)
Notice by personal services or certified mail to property
owners; list of property owners to be furnished. In cases of applications
for development, notice shall also be given by the applicant to the
owners of all real property, as shown on the current Village tax rolls,
located within 400 feet in all directions of the property that is
the subject of the hearing, by serving a copy thereof on each such
owner or his or her agent in charge of the property or by mailing
a copy thereof by certified mail to each such owner at his or her
address as shown on such tax roll. Notice to a partnership owner may
be given to its president, a vice president, secretary or other person
authorized by appointment or by law to accept service on behalf of
the corporation. The Village Clerk shall, within seven days after
written request by the applicant, make and certify a list from the
current Village tax rolls of the names and addresses of the property
owners entitled to notice and a sum as established by resolution of
the Board of Trustees shall be charged for such list. The applicant
shall be entitled to rely upon the information contained in such list
and failure to give notice to any owner not on the list shall not
invalidate any hearing or proceeding.
(5)
Proof of service. An affidavit of proof of the giving
of notice as required by this subdivision for any application for
development shall be filed by the applicant with the Village Clerk
at or prior to the hearing.
(6)
Notice to county planning agency. At least 10 days
before such hearing, the Planning Board shall mail notices thereof
to the Westchester County planning agency as required by § 239-m
of the General Municipal Law, which notice shall be accompanied by
a full statement of the matter under consideration.
F.
Decisions on applications for development.
(1)
Decisions to be in writing and contain findings and
conclusions. Each decision on any application for development shall
be in writing and shall include findings of fact and conclusions based
thereon.
(2)
Developments barred by administrative or judicial
order. In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any state agency, political subdivision
or other party or by a directive or other issued by any state agency,
political subdivision or court of competent jurisdiction, the Planning
Board may process such application complies with the requirements
of this article, the Planning Board may approve such application conditioned
on removal of such legal barrier to development.
(3)
Approval by other Village agencies. In the event that
a development proposed by an application requires an approval by a
Village agency other than the Planning Board, the Planning Board shall,
in appropriate instances, condition its approval upon the subsequent
approval of such Village agency.
(4)
Absence of Planning Board members from hearings. A
member who has not attended a hearing before the Planning Board shall
not be eligible to vote on the matter upon which the hearing was conducted.
When any hearing before the Planning Board shall carry over two or
more meetings, a member who was present for at least one of the meetings
shall be eligible to vote on the matter upon which the hearing was
conducted; provided, however, that such member has available to him
or her a transcript or recording of the meeting or meetings from which
he or she was absent and certifies in writing to the Planning Board
that he or she had read such transcript or listened to such recording.
(5)
Decisions to be furnished to applicant and others. A copy of each
decision shall be mailed by the Planning Board without charge, within
30 days after the date of decision, to the applicant or, if represented,
to his or her attorney and to all others upon request for a reasonable
fee. In addition, the Planning Board, as a condition of a grant of
any application (in whole or in part) (particularly where the grant
is conditioned on the fulfillment of conditions such as the maintenance
of landscaping into the future), may require that the applicant mail
a copy of the decision to those persons within the vicinity of the
property who were required to receive notice of the hearing on the
application at issue and to file proof of such mailing with the Building
Department.
[Amended 1-11-2021 by L.L. No. 4-2021]
(6)
Filing in the office of Village Clerk. A copy of each
decision shall also be filed by the Planning Board in the office of
the Village Clerk, who shall provide a copy of the filed decision
to any person for a reasonable fee and make a copy of such decision
available for public inspection at his or her office during reasonable
hours.
(7)
Publication. A brief notice of each decision shall
be published by the Village.
(8)
Time for decision on applications to Planning Board
for development. Preliminary approval shall be granted or denied on
applications for development to the Planning Board within 62 days
after completion of the public hearing before the Planning Board,
except as otherwise provided in this article or agreed to by the applicant.
Final approval shall be granted or denied on applications for development
to the Planning Board within 62 days after completion of the public
hearing before the Planning Board, except as otherwise provided in
this article or agreed to by the applicant.
[Amended 6-12-2000 by L.L. No. 2-2000; 1-11-2021 by L.L. No. 1-2021]
(9)
Extension of time decision. Any time period specified
for action by the Planning Board may be extended with the consent
of the applicant.
G.
Appeals. In conformity with § 7-712-c of
the Village Law, any person aggrieved by the action of the Planning
Board in approving or disapproving an application for development
and of the Superintendent in issuing or denying a building or other
permit because of such an approval or disapproval, may bring a proceeding
to review in the manner provided by Article 78 of the Civil Practice
Law and Rules. Such proceeding must be commenced within 30 days after
the filing in the office of the Village Clerk of the decision.
[Amended 2-12-2018 by L.L. No. 5-2018]
The Village Board has the authority to adopt and amend a Comprehensive
Plan from time to time, and the Village Board may, in its discretion,
refer issues regarding the Comprehensive Plan to the Planning Board
for its advice.
The Board of Trustees, before taking action
necessitating the expenditure of any public funds for a capital project
of a total cost of $100,000 or more, shall refer the action involving
such capital project to the Planning Board for review and recommendation
in conjunction with the Comprehensive Plan and shall not act thereon
without such recommendation or until 30 days have elapsed after such
reference without receiving such recommendation. The Board of Trustees
may request from the Planning Board, from time to time, opinions on
other aspects of action that may be taken by Village government as
they may affect land use policies of the Village.
[Amended 6-28-2011 by L.L. No. 5-2011]
A.
Procedure. When property is being considered for CD or CBAT designation on the Village Board's own initiative, or on recommendation of the Planning Board, the procedure for designation shall be as determined by the Board of Trustees on a case-by-case basis. The procedure for CD or CBAT designation upon application of the owner or owners of the parcel or parcels to be designated shall be as set forth in this Subsection A and the remainder of this § 310-47. Upon application of the owner(s) of the parcel(s), the procedure for designation of a CD or CBAT District, as provided for in Articles IV and IVA, respectively, shall involve the following process:
(1)
Application to the Board of Trustees for CD or CBAT District approval;
(3)
Concurrent Planning Board hearing, review and action on the CD or
CBAT District application and on the site plan application; and
(4)
Hearing and decision by the Board of Trustees on the CD or CBAT District
application.
B.
Application. Application for the designation of a CD or CBAT District shall be submitted to the Board of Trustees concurrently with the submission of a site plan application pursuant to Article VI of this chapter. The CD or CBAT District application shall be accompanied by fees as established by resolution of the Board of Trustees. The fees shall be in addition to any fee(s) required by Article X of this chapter. The application shall contain the information set forth in Subsection C of this section and shall be submitted (including the information from the site plan application incorporated by reference) in 15 copies, except that only one scale model need be submitted. Any information required to be submitted in the application may be waived by the Planning Board on the basis that the particular item is not necessary, in light of the type, size or scope of development proposed, to a full and complete review of the proposed development.
C.
Form of application for CD or CBAT District. Every application for CD or CBAT District designation shall incorporate by reference the site plans and other information required by Subsection B of § 310-31 with respect to a site plan application and in addition shall include the following:
(1)
Graphic renderings and photographs of the existing site conditions,
which depict but are not limited to all significant, natural, topographical
and other physical features of the subject property, location and
extent of tree cover, watercourses, existing drainage patterns, vistas
and soil conditions as they affect development and structures and
significant natural features on abutting properties;
(2)
A written statement generally describing the proposed development,
the need and market which it is intended to serve and its relationship
to the Comprehensive Plan (Where the proposal is inconsistent with
the Comprehensive Plan, the statement shall include reasons justifying
an amendment of the Comprehensive Plan.);
(3)
A model built to scale adequate to show clearly the design intent;
(4)
A written statement of the extent to which the proposed development
does not comply with and conform to the standards of the zoning district
in which the property is located and the reasons why; and
(5)
Professional studies of the anticipated impact of the proposed development
upon the Village with respect to parking, traffic and transportation
facilities, public utilities (such as storm and sanitary sewers and
water supply), public services (such as fire protection, police and
garbage disposal) and potential disturbances to the public and adjacent
properties due to signs, walls, light and noise or odors to be emitted
from the proposed use.
D.
Referral and availability to the public. The Superintendent shall
refer the CD or CBAT District application to the Design Review Committee
and Planning Board, for review and report as hereinafter provided,
concurrently with the referral to the Planning Board of the site plan
application. The Superintendent shall also cause the CD or CBAT District
application to be made available to the public for inspection and
copying in the office of the Village Clerk and shall cause public
notice of the filing of the application to be given.
E.
Hearing and recommendation by the Design Review Committee and Planning
Board.
(1)
The Design Review Committee and Planning Board shall each review the CD or CBAT District application concurrently with its review and action upon the site plan application. The Design Review Committee shall report its findings to the Planning Board simultaneously with its report on the site plan application. The Planning Board shall hold a public hearing upon the CD or CBAT District application. Such a hearing may be held in conjunction with the public hearing required on the site plan application pursuant to Subsection D of § 310-44. Concurrently with the issuance of its decision on the site plan, the Planning Board shall issue a written report to the Board of Trustees which recommends approval, approval subject to modifications of the application or disapproval of the application.
(2)
The Planning Board shall set forth in its report findings as to why the proposed CD or CBAT District would or would not be in the public interest, in what respect it is or is not consistent with the purposes set forth in § 310-17 or § 310-21.2, respectively, of this chapter, and, if approval is subject to modifications, the reason therefor. The Planning Board shall also state in what respects the proposed CD or CBAT District designation is or is not consistent with the Comprehensive Plan and if the Planning Board recommends approval, it shall recommend to the Board of Trustees to adopt any necessary modifications to the Comprehensive Plan and shall include in its report the reasons justifying such modifications. In addition, the Planning Board shall state in what respects the proposed CD or CBAT District designation is or is not in conformity with the requirements of the zoning district(s) in which it is located, and, if the Planning Board recommends approval, the reasons justifying variance from those requirements.
F.
Effect of Planning Board action. If the report of the Planning Board
recommends approval of the CD or CBAT District application (whether
or not subject to modifications) and if the Planning Board approves
the site plan application (whether or not subject to modifications),
the CD or CBAT District application shall be referred to the Board
of Trustees. If either application is disapproved by the Planning
Board, the CD or CBAT District application shall be deemed disapproved
by the Board of Trustees without further action.
G.
Public hearing. Within 30 days after receiving the report of the
Planning Board recommending approval of the CD or CBAT application
or such longer period of time as may be agreed to by the applicant,
a public hearing on the application shall be held by the Board of
Trustees in the manner prescribed for hearings on amendments to this
chapter. Notice of such public hearing shall state that the application
and the report of the Planning Board are available for inspection
and copying in the office of the Village Clerk.
H.
Action by the Board of Trustees. Within 30 days following the conclusion
of this public hearing by the Board of Trustees or such longer period
of time as may be agreed to by the applicant, the Board of Trustees
shall either:
(1)
Disapprove the CD or CBAT District application;
(2)
Refer the application back to the Planning Board for further consideration
within 60 days of specified matters; or
(3)
Approve the CD or CBAT District application and any necessary modifications
to the Comprehensive Plan and so designate on the 1995 Zoning Map
of the Village of Bronxville that the subject area is within the CD
or CBAT District; provided, however, that if the application is approved
with modifications, the Zoning Map shall not be so designated until
the applicant has filed his or her written consent to such modifications.
The failure of the Board of Trustees to take action within the time
limit herein specified shall be deemed disapproval of the CD or CBAT
District application.
I.
Effect of approval. Upon approval by the Board of Trustees of a CD
or CBAT District application, the area designated in the application
shall be within the CD or CBAT District for which the requirements
are all of the specifications set forth in the application, as modified
and approved.
J.
Rezoning. If the approved site plan is abandoned or is not substantially
implemented within the two years following its approval by the Planning
Board, the Board of Trustees shall have the power to rezone the CD
or CBAT District.
In discharging its duties and responsibilities under the foregoing provisions of this article, the Planning Board and the Design Review Committee shall be guided at all times by a rule of reason, whereby such provisions while being fully implemented in accordance with the legislative intent and purposes set forth in Subsection A(2) of § 310-43, shall be interpreted and applied on the basis of reasonableness, consistency, practicability and fundamental fairness and with due consideration for the interest of the applicant and the Village.
