A Planning Board is hereby established pursuant to § 7-718 of the Village Law.

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:

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.

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.

Members shall serve without salary.

Members shall hold no other Village office or position except that a member may also serve as a member of the Design Review Committee.

No member shall be permitted to act on any matter in which he has, directly or indirectly, any personal or financial interest.

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.

The provisions of this Subsection B regarding terms, vacancies, compensation and interest of members of the Planning Board shall apply to alternate members, except that the terms of alternates shall be three years.

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]

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.

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.

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.

The provisions of Subsection B of this § 310-43 regarding terms, vacancies, compensation and interest of members of the Planning Board shall apply to Advisors, except that the term of each Advisor shall be three years.

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.

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.

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.

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.

The Planning Board shall receive, review and act upon applications for development, except as provided in Subsection F(2) hereof.

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.

Notwithstanding the foregoing Subsection F(2), any proposed use of nonincandescent lighting which is or may be visible from public or adjacent premises shall be subject to Planning Board review and approval as hereinafter provided.

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.

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.

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.

Published and mailed notices.

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.

Special meetings.

Open to public. All regular and special meetings shall be open to the public (excluding executive sessions authorized by law) and notice thereof shall be given in accordance with the requirements of the Open Meetings Law.[1]

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Recordings of proceedings; transcripts.

Notice required; length of notice; exceptions. Notice of hearing shall be mailed by the applicant.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Publication. A brief notice of each decision shall be published by the Village.

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.

Extension of time decision. Any time period specified for action by the Planning Board may be extended with the consent of the applicant.

(Reserved)[2]

Application to the Board of Trustees for CD or CBAT District approval;

Concurrent application to the Planning Board, pursuant to § 310-44 and Article VI of this chapter for approval of the site plan covering the proposed district;

Concurrent Planning Board hearing, review and action on the CD or CBAT District application and on the site plan application; and

Hearing and decision by the Board of Trustees on the CD or CBAT District application.

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;

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.);

A model built to scale adequate to show clearly the design intent;

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

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.

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.

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.

Disapprove the CD or CBAT District application;

Refer the application back to the Planning Board for further consideration within 60 days of specified matters; or

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.