Lindenhurst City Zoning Code
ARTICLE XVI
Planning Board
§ 193-168 Establishment.
[Amended 4-4-2006 by L.L. No. 3-2006]
A Planning Board, consisting of seven members, is heretofore established and is to be appointed by the Board of Trustees pursuant to New York State Village Law § 7-718 and shall have the powers and duties set forth in the Code.
§ 193-169 Appointment of officers; terms; ad hoc members.
A.
A Chairman of the Planning Board, from among the seven members of said Planning Board appointed by the Board of Trustees, and a Planning Board Secretary each shall be appointed for a term of one year by the Village Board of Trustees.
[Amended 4-4-2006 by L.L. No. 3-2006]
B.
Ad hoc members.
[Added 9-6-2005 by L.L. No. 7-2005]
(1)
In addition to regular members appointed and serving, the Village Board of the Village of Lindenhurst shall appoint one temporary ad hoc member to the Planning Board to serve as provided herein. Said ad hoc member shall attend meetings of the Board as required, and the Chairman of the Planning Board shall designate the ad hoc member as an acting member as necessary when the absence of regular members of the Board or a conflict of interest of regular members of the Board would otherwise prevent five members of the Board from considering any pending matter. Once designated to serve on a particular matter before the Board, the ad hoc member shall have the same powers and duties as the regular members of the Board until that matter is concluded. Any determination by the Board consisting of an ad hoc member shall have the same weight and be entitled to the same authority as the act or deed of the regular Planning Board, and all laws, statutes and regulations shall apply and be applied with equal force and effect. An ad hoc member appointed pursuant to this section shall be paid for his services as fixed by resolution of the Village Board.
(2)
An ad hoc member shall serve a two-year term expiring at the end of the official year. The Village Board shall have the power to remove any ad hoc member of the Planning Board for cause, after a public hearing if one is requested.
(3)
Although the ad hoc member of the Planning Board is authorized to attend all meetings of the Planning Board, he shall have no powers to participate in any actions of the Planning Board except as provided herein.
§ 193-170 Authority to make rules.
The Planning Board shall make rules as to the manner of filing applications for matters requiring the approval or review of the Planning Board.
§ 193-171 Application fee.
[Amended 6-16-1992 by L.L. No. 2-1992; 12-1-2009 by L.L. No. 5-2009]
A.
Upon the filing of any application requiring the approval or review of the Planning Board, there shall be paid to the Village of Lindenhurst a fee established by resolution of the Village Board of Trustees.
B.
Upon the filing of any application for the review of signs, there shall be paid to the Village of Lindenhurst a fee established by resolution of the Village Board of Trustees. No application shall be deemed accepted unless designated as such by the Chairman of the Planning Board.
§ 193-172 Notice of public hearing.
Upon filing with the Planning Board of an application requiring the approval of said Board, a time and place for a public hearing thereon shall be fixed with notice as follows:
A.
By publishing a notice thereof once a week for two weeks in a newspaper of general circulation published in the Village.
B.
By posting a notice thereof in a conspicuous place at the Village Hall on or before the date of first publication.
C.
By requiring the applicant to mail said notice to the owners of all property within 200 feet of the subject premises, by certified mail, return receipt requested, and proof of such notification must be submitted at least two days before the hearing.
D.
By requiring the applicant to erect a notice sign as described within this chapter.
[Amended 10-6-1998 by L.L. No. 3-1998]
§ 193-173 Notification sign.
A.
Signs notifying the public of hearings to be held by the Planning Board shall be posted by the applicant. Such signs shall be provided by the Village at a cost to be determined by resolution of the Village Board and paid for by the applicant. The sign shall read as follows:
[Amended 6-16-1992 by L.L. No. 2-1992; 10-6-1998 by L.L. No. 3-1998]
NOTICE OF PUBLIC HEARING Village of Lindenhurst |
Pursuant to Article XVI of the Zoning Ordinance of the Village of Lindenhurst, notice is hereby given that the Village Planning Board will hold a public hearing at the Village Hall, 430 South Wellwood Avenue, Lindenhurst, NY, on the _____ day of ___________ 20____, at _______________, or as soon thereafter as can be heard on the application of |
(Name) (Address) for the following: All persons interested should appear at the above time and place. For further information contact the Building Department at 957-7500. |
Village Planning Board Village of Lindenhurst |
B.
The notification sign shall state the location and general nature of the application involved.
C.
All signs shall be posted in accordance with the rules and regulations established by the Village of Lindenhurst Building Department. Failure to properly post such signs shall be grounds for the Planning Board to dismiss or postpone any application before the Board.
§ 193-174 Jurisdiction.
The appellate jurisdiction of the Planning Board shall be as stated in the Village Law.
§ 193-175 Powers and duties.
A.
The Planning Board shall have the following powers:
(1)
Approval:
(a)
Approval of site development plans for all new construction or modifications and/or alterations to existing structures that require a building permit in all zoning districts of the Village except for separate single-family home development or alteration in A, B or C Residence Districts.
(b)
Approval of the construction of all artificial waterways.
(d)
Approval of all accessory construction elements or architectural features, including but not limited to means of access, screening, landscaping, signs, utility placement, drainage, change of windows, siding, painting or any work of a major character, exterior or facade alteration and finishing and off-street parking plans in all zoning districts of the Village except for separate single-family home development or alteration in A, B or C Residence Districts.
[Amended 3-7-2023 by L.L. No. 1-2023]
(e)
Approval of subdivision applications in all zoning districts of the Village.
[Added 2-6-1990 by L.L. No. 6-1990]
(2)
Review:
(a)
Review and make recommendations on the exterior construction or alteration of structures that require a building permit in all zoning districts of the Village except for separate single-family homes in A, B or C Residence Districts.
(b)
Review and make recommendations on all applications for rezoning.
[Amended 2-6-1990 by L.L. No. 6-1990]
(3)
Such other powers as shall specifically be given to the Planning Board by this Code.
B.
The power to approve, as granted herein, shall also include the power to impose reasonable stipulations upon the applicant and to modify and approve or disapprove such application in furtherance of the considerations as set forth in § 193-176. The power to review shall include the power to recommend to the applicant and to the Board of Appeals, in cases where a permit, special exception or variance is required by this chapter, and to the Village Board of Trustees, in cases where a rezoning is required by this chapter, measures safeguarding the health, safety and general welfare of the Village as set forth in § 193-176.
[Amended 2-6-1990 by L.L. No. 6-1990]
§ 193-176 Considerations.
On all applications to the Planning Board, the Board shall consider the following factors in making its determination: that the approval given or the recommendation made is in harmony with the general purpose and intent of the Code to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewage treatment, parks and other public requirements, to ensure the orderly development of land consistent with the usage and architecture of structures in the surrounding area, to conserve the value of buildings and land and to encourage the most appropriate use of land throughout the Village.
§ 193-177 Exceptions.
[Amended 4-20-1993 by L.L. No. 2-1993; 1-16-1996 by L.L. No. 1-1996; 6-2-2009 by L.L. No. 2-2009; 3-7-2023 by L.L. No. 1-2023]
In cases where a building permit is required as prescribed in § 193-175, yet the entire cost of the project described in that building permit is determined by the Building Inspector to be less than $10,000, the Building Inspector and the Village Administrator Clerk may determine whether such application is required to be submitted for approval or review by the Planning Board. Further, recognizing that in certain restricted instances the strict application of the requirements of this chapter may cause hardship and be unduly burdensome, the Planning Board, by majority vote at an open meeting, is authorized to waive the site plan review requirements as further set forth in § 193-143. Any such waiver must be accompanied by a determination from the Building Inspector that the entire cost of the project as described in the building permit is not in excess of $20,000 and a sworn affidavit from the applicant detailing the hardship imposed. Should the Planning Board approve any such request for a waiver, such approval may be contingent upon the applicant complying with certain conditions which further the intent of this chapter. A denial of any requested waiver shall not be subject to further review. In addition, if a building permit application only involves interior alterations, approval from the Planning Board shall not be required. Only in instances where the interior alteration involves a change of use not permitted in that zone shall Planning Board and/or site plan review be required.