Documents

application 9 pages

Also attached to this agenda item: MJ Auto Special Permit Support Docs Special Permit Zoning Code

New York State l EW Department of State Department of State DIVISION OF CORPORATIONS, STATE Corporations, State Records& UCC STATE RECORDS AND UNIFORM COMMERCIAL CODE One Commerce Plaza 99 Washington Ave. Albany, NY 12231- 0001 , dos. ny. gov Local Law Filing Pursuant to Municipal Home Rule Law§ 27 Local Law Number ascribed by the legislative body of the local government listed below: of the year 20 25 Local Law Title: TO AMFND CHAPTFR 730 7ONING OF THF CODF OF THF VII I AGF OF CROTON- ON- HUDSON TO TRANSFER AUTHORITY FOR THE ISSUANCE OF SPECIAL PFRMITS TO THF PI ANNING ROAM-) Be it enacted by the Board of Trustees of the Name of Legislative Body) County City Town Village Select one) of Croton- on- Hudson as follows on the attached pages: Name of Local Government) For Office Use Only Department of State Local Law Index Number: of the year 20 The local law number assigned by the Department of State for indexing purposes may be different from the local law number ascribed by the legislative body of the local government.) DOS- 0239- a-f( Rev. 02- 25) page 1 of 3 Local Law Filing Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. ( Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto ascribed as local law number of 20 25 of the ( County)( City)( Town)( Village) of Croton- on- Hudson was duly passed by the Village Board of Trustees on May 21 20 25 in accordance Name of Legislative Body) with the applicable provisions of law. 2. ( Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the County)( City)( Town)( Village) of was duly passed by the on and was Name of Legislative Body) approved)( not approved)( repassed after disapproval) by the Elective Chief Executive Officer*) on in accordance with the applicable provisions of law. 3.( Final adoption by referendum.) I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the County)( City)( Town)( Village) of was duly passed by the on and was Name of Legislative Body) approved)( not approved)( repassed after disapproval) by the on Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a ( mandatory)( permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the ( general)( special)( annual) election held on in accordance with the applicable provisions of law. 4. ( Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the County)( City)( Town)( Village) of was duly passed by the on and was Name of Legislative Body) approved)( not approved)( repassed after disapproval) by the on Elective Chief Executive Officer') Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS- 0239- f ( Rev. 02/ 25) VILLAGE OF CROTON- ON-HUDSON BOARD OF TRUSTEES LOCAL LAW NO. 8 OF 2025 A LOCAL LAW TO AMEND CHAPTER 230, ZONING, OF THE CODE OF THE VILLAGE OF CROTON- ON- HUDSON TO TRANSFER AUTHORITY FOR THE ISSUANCE OF SPECIAL PERMITS TO THE PLANNING BOARD Be it enacted by the Board of Trustees of the Village of Croton- on- Hudson as follows: Section One. Article X, Special permit uses, of Chapter 230, Zoning, of the Code of the Village of Croton-on-Hudson is hereby amended to read as follows: 230- 55. Purpose; when required. Any use in any part of this chapter made subject to a special permit by the Village Board of Trustees may be permitted on application and after public notice and hearing. Such use shall be deemed to be prohibited unless a special permit has been granted by the Village Planning Board and filed with the Village Clerk. The purpose of a special permit use is to allow for the proper integration ofuses in the community and appropriate zoning districts. Because of their characteristics, or the special characteristics of the area in which they are to be located, special permit uses require consideration and conditions so that they may be properly located with respect to the objectives of this chapter and their proposed use is in harmony with local zoning laws and will not adversely affect the neighborhood if such requirements are fully met. If an application for a special use permit does not meet the statutory conditions for its use, it shall be deemed a non-conforming use. 230- 56. Renewal. The grant ofa special permit for the use indicated therein may be conditioned on periodic renewal, which renewal may be granted only following upon public notice and hearing. Such renewal shall be withheld or granted subject to terms and conditions additional to or different from those in the original grant only upon a determination that: A. The factors which justified the original grant no longer exist or have changed sufficiently to require additional or different terms and conditions; or B. The terms and conditions of the original special permit have not been or are not being complied with, wholly or in part. A notice of violation pursuant to § 230- 173 shall be prima facie evidence of lack of conformity with such terms and conditions. 230- 57. Application. Application for a special permit pursuant to this article shall be made, in writing, to the Village Planning Board, accompanied by such fee as the Village Board of Trustees may from time to time set by resolution. 1 Such petition shall be supported by a preliminary site development plan containing information required by Article XI of this chapter. All conditions associated with a special permit must be addressed to be deemed a complete application by the Building Department. The submission must include the following documentation: A. A description of the proposed use, with reference to the appropriate use and 1. Editor' s Note: The current fee resolution is on file in the office of the Village Clerk. See also Ch. 122, Fees. regulations of this chapter, including any supplementary regulations applying thereto. This description should identify any potential detrimental impacts to adjacent properties and impacted communities. B. A basic cost-benefit analysis or similar study to review the estimated municipal costs, services and prospective revenues which would be generated by the proposed use. At their discretion, either the Building Department or Planning Board may require a municipal impact study from any application. C. Evidence that the proposed use is consistent with the goals of the Village Comprehensive Plan. D. A traffic and circulation study projecting the effects of the proposed use of the existing and probable future traffic and access in the vicinity ofthe proposed use. E. Copies of environmental assessments or permit applications and supporting materials which may be required to meet New York State or federal regulations. F. A stormwater pollution prevention plan ( SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any special permit approval that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved special permit shall be consistent with the provisions of Chapter 196, Article I. 230- 58. Review of application. Every application for a special permit shall be filed with the Building Department both electronically and with hard copies. The number ofhard copies ofthe application and supporting documentation needed for the Planning Board shall be determined by the Building Department. Electronic versions of the application shall be distributed to the Board of Trustees for its recommendation, if any. The Planning Board may also adopt such terms and additional conditions to the special permit as it deems appropriate to achievement of the foregoing objectives and the following goals: A. The accessibility of all proposed structures to fire and police protection. B. The compatibility of the location, size and character of the proposed use with the orderly development of the zoning district in which it is located and with that of adjacent properties in conformity with the zoning district applicable to such properties. C. The safety, convenience and congruity with the normal traffic of the neighborhood and of the pedestrian and vehicular traffic generated by the proposed use, taking into particular account the location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets. D. The compatibility of the location and height ofbuildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site with adjacent land and buildings and their appropriate development. E. Protection of adjacent properties or impacted communities. F. The preservation of ecological or environmental assets of the site or adjacent lands. 230- 59. Public hearing; escrow amounts. Upon the filing of an application deemed complete by the Building Department, the Planning Board will place the application upon its agenda in due course for a presentation and then a public hearing. No application shall be processed or placed on an agenda until all applicable outstanding fees, fines, taxes, professional fees and escrow amounts are paid and the Building Department deems the application complete. At any stage, if an application should fall into arrears regarding the foregoing or if escrows are not replenished per § 178- 2, the Building Department may administratively remove the application from any agenda and stay the public hearing until the arrears has been paid or not process the related application or issue relevant permits. The Building Department may, at its discretion deem an application abandoned after giving reasonable notice regarding the same. 230-60. Goals and objectives; referral to county; notice ofpublic hearing. The Planning Board, in considering any application for a special permit hereunder, shall make findings on the objectives and goals listed in § 230- 58 and, in addition, may refer legislative matters to the Board of Trustees so as to ensure that the public health, welfare and safety shall be protected, that the environmental and land resources of the community shall be put to the best possible use and that any authorization hereunder shall not create fiscal burdens upon the community at large or an adverse impact upon adjacent property and its permitted use by right under this chapter. Applications shall be referred, when required by law, to the Westchester County Planning Department for review pursuant to the Westchester County Administrative Code at least 30 days prior to the required public hearing. Notice of the public hearing shall be published at least once not less than 10 days prior to the date of the hearing in the official newspaper, and notice of hearing shall be mailed not less than 10 days prior to the date of the hearing to all owners of property abutting and within 200 feet of the property for which such application is made and to any other person(s) the Planning Board may deem to be particularly affected. In the case of any special permit application pertaining to real property within a distance of 500 feet of the boundaries of any municipality or state or county road, park or other state- owned facility, notice of such hearing shall be mailed to the Clerk of such municipality, and to the County Planning Department not less than 10 days prior to such hearing. Provided that due notice shall have been published and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate any action taken in connection with the grant or denial of any special permit. 230- 61. Conditions; notice of decision. A. The Planning Board, in approving any special permit hereunder, shall require conformance to any supplementary regulations applying to such uses generally and may establish additional conditions, including but not limited to: 1. Increasing required lot size or yard dimensions; 2. Controlling the location and number of vehicle access points; 3. Increasing street widths; 4. Limiting the number, size and location of signs; 5. Requiring fencing, screening, landscaping, or other facilities to protect adjacent properties; 6. Requiring alternate location and layout of buildings; 7. Architectural features; 8. Site plan conditions related to the special permit and effected parcels; 9. Further define or limit the use or characteristics of the use which are reasonably related to the public health, safety and general welfare and as may be necessary to carry out the intent of this chapter. B. The decision ofthe Village Planning Board shall immediately be filed in the office of the Village Clerk and a copy thereof mailed to the applicant. 230- 62. Timing, appeals and waivers. A. Unless specifically exempted in the decision of the Planning Board, any regulation or conditions of such special permit shall not be subject to appeal before the Zoning Board of Appeals, and any such appeal shall render such permit void and without effect without necessity of further action by the Village. Any person aggrieved by any decision of the Planning Board hereunder shall, within 30 days of the filing of the decision, apply to a court of competent jurisdiction pursuant to the Village Law and Article 78 of the Civil Practice Law and Rules. B. No requirement or conditions imposed by this Article for any special permit use shall be waived by the Planning Board, Board of Appeals or the Board of Trustees and shall be the minimum requirements for any authorization hereunder. No requirement or conditions imposed by this Article for any special permit use shall be varied or reduced to such an extent that it would frustrate the purpose of this law or eviscerate a requirement or condition in its entirely. The grant of a special permit shall authorize only one special permit use and shall be limited only to the use described and approved in such permit. Special permits shall, unless subject to periodic renewal at the discretion ofthe Planning Board, be granted for an indefinite period but shall expire automatically two years from the date of grant, unless at such time substantial construction has begun pursuant to the approved application. The Building Department shall have the discretionary authority to issue a one-year extension for good cause shown. 230- 63. Performance guaranty. The Planning Board may, as a condition to the grant of a special permit, require a bond on terms satisfactory to the Building Department, guaranteeing performance of the final site development plan approved therein. 230- 64. Final site development plans. The applicant shall be required to submit to the Planning Board site development plans contemporaneously with its special permit application. Upon recommendation of the Building Department, and at the discretion of the Planning Board, the Planning Board may streamline its process and contemporaneously review site development plans and any application for a special permit. The Planning Board shall approve, approve conditionally or disapprove such plans, in accordance with Article XI of this chapter and such regulations as the Village may have adopted or may in the future adopt under such article. If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Such declaration shall not affect the validity of the remaining portions thereof, which other portions shall continue in full effect. This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Local Law Filing 5. ( City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the City of having submitted to referendum pursuant to the provisions of Section ( 36)( 37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the ( special)( general) election held on became operative. 6. ( County local law concerning adoption of Charter.) I hereby certify that the local law annexed thereto, ascribed as local law number of 20 of the County of State of New York, having been submitted to the electors at the General Election of November pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as,a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in the paragraph above. Jr Pauline DiSanto Clerk of the county I islative bod Town or Village Clerk or officer designated local legislative •• dy Seal) r; May 15, 2025 Date) y Off t. c' r' DOS- 0239- a- f( Rev. 02- 25) On motion of TRUSTEE SIMON, seconded by TRUSTEE POLITI, the following resolution was adopted by the Board of Trustees of the Village of Croton- on- Hudson, New York with a 5- 0 vote. Resolution# 119- 2025 WHEREAS, the Village Board of Trustees has introduced Local Law Introductory No. 2 of 2025 to amend Chapter 230, Zoning, of the Village Code to transfer the authority to issue special permits to the Planning Board; and WHEREAS, on February 26, 2025, the Village Board of Trustees declared itself Lead Agency for SEQRA purposes; and WHEREAS, on May 14, 2025, the Village Board of Trustees undertook the process and review described in detail in Parts 2 and 3 of the Short EAF " Determination of Significance" attached hereto; and WHEREAS, the Village Board held a public hearing to consider Local Law Introductory No. 2 of 2025, which was opened and closed on May 14, 2025; and WHEREAS, the Village Board has received a recommendation of consistency from the Waterfront Advisory Committee with the Village' s Local Waterfront Revitalization Program; and WHEREAS, the Village Board must make its own determination of consistency with the LWRP policy standards and conditions; and WHEREAS, on May 14, 2025, the Village Board reviewed the LWRP policy standards and conditions, NOW THEREFORE, BE IT RESOLVED as follows: The Village Board of Trustees makes the following findings regarding the applicability of the LWRP policies and the consistency of the Proposed Action with those policies and conditions of the LWRP which it found applicable: Policy 6: Expedite permit procedures in order to facilitate the siting ofdevelopment activities at suitable locations. The remaining policies and conditions of the LWRP not specifically discussed above, were reviewed and found not to be applicable, and BE IT FURTHER RESOLVED: that based upon the above, the Village Board of Trustees confirms its determination that the Proposed Action, the adoption of a local law to transfer the authority to issue special permits to the Planning Board, complies with the policy standards and conditions set forth in the Village' s LWRP, and BE IT FURTHER RESOLVED: that the Village Board of Trustees hereby issues and adopts the EAF Parts 2 and 3 Determination of Significance attached hereto and adopts a Negative Declaration in connection with this action, and BE IT FURTHER RESOLVED: that the Village Board of Trustees hereby adopts Local Law Introductory No. 2 of 2025 to amend Chapter 230, Zoning, of the Village Code to transfer the authority to issue special permits to the Planning Board, which upon adoption becomes Local Law No. 8 of 2025. Dated: May 21, 2025 State of New York ss: County of Westchester ) I, Pauline DiSanto, Clerk of the Village of Croton- on- Hudson, in the County of Westchester, State of New York, do hereby certify that the annexed resolution is a copy of an original on file in my office and has been duly adopted at a regular meeting of the Board of Tfustees of said Village held on the 21st of May 2025. IN WITNESS WHEREOF, I have hereunto set my hand and• affixed the corporate seal of the said • lage this 22" d day of May 2025. V age C,ler Seal)