Pleasant Valley Town
City Zoning Code
City Zoning Code
ARTICLE VIII
Planning Board and Zoning Board of Appeals
§ 98-92 Planning Board organization.
[Amended 7-1-2024 by L.L. No. 2-2024]
Powers and duties.
The Town Planning Board shall have and exercise the following powers and duties:
To approve all plats of subdivision showing lots, blocks or sites, with or without streets or highways, within the Town.
To pass upon and approve the development of plats already filed in the office of the Clerk of Dutchess County if such plats are entirely or partially undeveloped.
To approve or disapprove changes in the lines of existing streets, highways or public areas shown on subdivision plats or maps filed in the County Clerk's office.
The Planning Board may recommend to the Town Board regulations relating to any subject matter over which the Planning Board has jurisdiction pursuant to § 271 of the Town Law, or any other statute or under any local law or ordinance of the Town. Adoption of any such recommendations by the Town Board shall be by local law or ordinance.
The Planning Board shall submit a report to the Town Board on any matter or class of matters other than those in § 271, Subdivision 13, of the Town Law referred to the Planning Board by the Town Board for review and recommendation, before final action is taken by the Town Board or other office or officer of the Town having final authority over said matter. The Town Board may stipulate that final action shall not be taken until the Planning Board has submitted its report thereon, or has had a reasonable time to submit the report. Such a time period shall be fixed by the Town Board in the resolution to submit the report.
The Planning Board shall also exercise all other powers conferred upon it by the provisions of the Town Law. It shall conduct hearings and perform its duties in accordance with such procedure as is provided in §§ 271 to 281, inclusive, of the Town Law and acts amendatory thereof.
Membership.
The Planning Board of the Town of Pleasant Valley as heretofore established by the Town Board pursuant to § 271 of the Town Law of the State of New York is hereby maintained with seven members.
Planning Board members shall be selected and appointed by the Town Board. Member terms shall be seven years with one term ending each year. One member shall be designated the Chairperson by the Town Board and shall serve as Chairperson at the pleasure of the Town Board.
A person who is a member of the Town Board shall not be eligible for appointment to the Planning Board. However, no person shall be disqualified from serving as a member of the Planning Board by reason of serving as a member of a village or county planning board.
If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint a new member for the unexpired term.
The Town Board shall have the power to remove, after a public hearing, any member of the Planning Board for cause.
Alternate members.
Definitions. As used in this section, the following terms shall have the meanings indicated:
An individual appointed by the Town Board available for service when a regular member of the Planning Board must be absent or is unable to participate on an application or matter before the Board due to a conflict of interest or otherwise, as provided herein.
Number and term of alternate members. The Town Board shall appoint, by resolution, two alternate members to the Planning Board for a term of two years, with their terms to expire on December 31 of the second year after the date of their appointment.
Designation of an alternate member.
The Chairperson of the Planning Board shall designate an alternate member to substitute for a member when such member is absent or is unable to participate on an application or matter before the Board. If there are two alternate members, they shall be designated for service on a rotating basis. When so designated, the alternate member shall possess all of the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the first meeting of the Planning Board at which the substitution is made.
Provided that all other requirements of this section are satisfied, the designation of an alternate member to serve as a member may be made for a particular meeting or meetings, or for a specified period of time, but in no event beyond the duration of the alternate member's appointment as an alternate member. The designation to substitute shall take place only when a regular Board member in whose place the alternate member shall act is absent or otherwise unable to serve as specified herein.
Upon the return of an absent regular member or the resumption of the regular member's ability to serve, the alternate member shall automatically resume his/her status as an alternate member and shall no longer be allowed to vote on Board affairs. The alternate member shall remain eligible to substitute in the future for the same or other regular members, subject to the same requirements of eligibility set forth herein, including redesignation as an acting member of the Board.
When an alternate member is not designated to serve as a member at a particular meeting, the alternate member may sit with the Board and may take part in discussion so that the alternate will be prepared if called upon to vote on an application at a future meeting.
Duties and responsibilities of alternate members. All provisions of state law relating to the Planning Board member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education and attendance, shall also apply to alternate members.
Planning Board procedure.
Meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson, or in his or her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
The Planning Board shall have the power and authority to employ experts, clerks and a secretary, and to pay for their services, and to provide for such other expenses as may be necessary for the Planning Board to carry out its duties, not exceeding the appropriation made for such purposes.
The Town Planning Board may adopt rules and regulations in respect to procedure before it and in respect to any subject matter over which it has jurisdiction under this chapter or any statute, after public hearing by such Board and subject to the approval of the Town Board.
§ 98-93 Powers of Planning Board.
The Planning Board is hereby authorized and empowered to:
Review and make recommendations on a proposed Comprehensive Plan for the Town of Pleasant Valley and to make recommendations on amendments thereto, in accordance with § 271 of the Town Law and other applicable sections.
Review and make a recommendation on a proposed amendment to this chapter of the Code of the Town of Pleasant Valley pursuant to Article IX of this chapter.
§ 98-94 Zoning Board of Appeals general duties.
The Zoning Board of Appeals is an administrative body, of limited jurisdiction and powers, designed to function as a "safety valve" to relieve the pressure of rigid and inflexible provisions of zoning regulations. However limited the jurisdiction of Zoning Boards of Appeals, it is still vitally important. The Zoning Board of Appeals serves an essential role in examining those restrictions in the individual matters that are brought before it, with the power to vary these restrictions if the circumstances show the need and essential legal criteria are met.
§ 98-95 Establishment and powers of Zoning Board of Appeals.
[Amended 7-1-2024 by L.L. No. 2-2024; 1-6-2025 by L.L. No. 1-2025]
Creation, appointment and organization.
This chapter shall be administered by a Zoning Board of Appeals maintained in accordance with Article 16, § 267, of the Town Law.
The Zoning Board of Appeals shall consist of seven members selected and appointed by the Town Board. Member terms shall be seven years with one term ending each year. One member shall be designated the Chairperson by the Town Board and shall serve as Chairperson at the pleasure of the Town Board. The Town Board shall appoint a Secretary and shall prescribe rules for the conduct of the Zoning Board of Appeals’ affairs. The Board shall consist of seven members regardless of the number of members prescribed by Town Law § 267.
Alternate members.
Definitions. As used in this section, the following terms shall have the meanings indicated:
An individual appointed by the Town Board available for service when a regular member of the Zoning Board of Appeals must be absent or is unable to participate on an application or matter before the Board due to a conflict of interest or otherwise, as provided herein.
Number and term of alternate members. The Town Board shall appoint, by resolution, two alternate members to the Zoning Board of Appeals for a term of two years, with their terms to expire on December 31 of the second year after the date of their appointment.
Designation of an alternate member.
The Chairperson of the Zoning Board of Appeals shall designate an alternate member to substitute for a member when such member is absent or is unable to participate on an application or matter before the Board. If there are two alternate members, they shall be designated for service on a rotating basis. When so designated, the alternate member shall possess all of the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the first meeting of the Zoning Board of Appeals at which the substitution is made.
Provided that all other requirements of this section are satisfied, the designation of an alternate member to serve as a member may be made for a particular meeting or meetings, or for a specified period of time, but in no event beyond the duration of the alternate member's appointment as an alternate member. The designation to substitute shall take place only when a regular Board member in whose place the alternate member shall act is absent or otherwise unable to serve as specified herein.
Upon the return of an absent regular member or the resumption of the regular member's ability to serve, the alternate member shall automatically resume his/her status as an alternate member and shall no longer be allowed to vote on Board affairs. The alternate member shall remain eligible to substitute in the future for the same or other regular members, subject to the same requirements of eligibility set forth herein, including redesignation as an acting member of the Board.
When an alternate member is not designated to serve as a member at a particular meeting, the alternate member may sit with the Board and may take part in discussion, so that the alternate will be prepared if called upon to vote on an application at a future meeting.
Duties and responsibilities of alternate members. All provisions of state law relating to the Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education and attendance, shall also apply to alternate members.
Powers. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:
Interpretation. Upon appeal from a decision by the Zoning Administrator, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
Special use permits. To issue special use permits when appropriate for any of the uses for which this chapter requires the obtaining of such permits from the Board of Appeals.
Variances. A variance is permission granted by the Zoning Board of Appeals so that property may be used in a manner not allowed by zoning. It is only the Zoning Board of Appeals that has the power to provide for such exceptions from the zoning. Since zoning is meant to implement the municipality's development objectives and protect the health, safety and general welfare of the people, there are strict rules governing when exceptions may be provided. In granting any variance, the Zoning Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
No variance from the strict application of any provision of this chapter shall be granted by the Zoning Board of Appeals unless it finds:
That there are special circumstances or conditions, fully described in the findings of the Zoning Board of Appeals, applying to such land or buildings and not applying generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings.
That, for reasons fully set forth in the findings of the Zoning Board of Appeals, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Zoning Board of Appeals is the minimum variance that will accomplish this purpose.
That the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
Any variance which is not exercised within one year from the date of issuance or which has now been or hereafter remains unexercised for a continuous period of one year is hereby declared to be revoked without further hearing by the Zoning Board of Appeals.
The regulations for the two types of variances are as follows:
Use variances.
The Zoning Board of Appeals, upon appeal from the decision or determination of the Zoning Administrator, shall have the power to grant use variances, authorizing a use of land which otherwise would not be allowed or would be prohibited by the terms of this chapter.
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that the applicable regulations and restrictions imposed by this chapter have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals compliance with each of the following criteria:
That under the applicable regulations and restrictions imposed by this chapter, the applicant is deprived of all economic use and benefit from the property in question, which deprivation must be established by competent financial evidence.
That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.
That the requested use variance, if granted, will not alter the essential character of the district or neighborhood.
That the alleged hardship has not been self-created.
The Zoning Board of Appeals, in the granting of a use variance, shall grant the minimum variance that is deemed necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
Area variances.
The Zoning Board of Appeals, upon appeal from the decision or determination of the Zoning Administrator, shall have the power to grant area variances from the area or dimensional requirements of this chapter as found in the Schedule of Area and Bulk Requirements.[1]
[1]
Editor's Note: The Schedule of Area and Bulk Requirements is included as an attachment to this chapter.
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the area variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such granting of variance. In making such determination, the Zoning Board of Appeals shall also consider each of the following factors:
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
Whether the benefit sought by the applicant can be achieved by some other method feasible for the applicant to pursue, other than an area variance.
Whether the requested area variance is substantial.
Whether granting of the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or zoning district.
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
The Zoning Board of Appeals, in the granting of an area variance, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
§ 98-96 Zoning Board of Appeals procedure.
The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law and this chapter.
Applications. All appeals and applications made to the Zoning Board of Appeals shall be in writing, on forms prescribed by the Zoning Board of Appeals, and accompanied by a fee as established by the Town Board. Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
Referral to Town Planning Board. At least 30 days before the date of the hearing required by law on an application or appeal to the Zoning Board of Appeals, the Secretary of said Zoning Board of Appeals shall transmit to the Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing, and shall request that the Planning Board submit to the Zoning Board of Appeals its opinion on said application or appeal, and the Planning Board shall submit a report of such advisory opinion prior to the date of said hearing. Upon failure to submit such report, the Planning Board shall be deemed to have approved the application or appeal.
Referrals to the Dutchess County Department of Planning and Development. The Zoning Board of Appeals shall comply with the provisions of General Municipal Law, Article 12-B, §§ 239-l and 239-m, as amended, by referring to the Dutchess County Department of Planning and Development certain applications for variances and special use permits before final action is taken.
Hearing. The Zoning Board of Appeals shall fix a reasonable time for the hearing of any appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing at least five days prior to the date thereof, and shall, at least five days before such hearing, mail notices thereof to the parties owning adjoining lots and to the regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal. Compliance with this notification procedure shall be certified to by the Secretary or other designated Town employee. The Town shall charge the applicant either a flat rate or a stated amount per notice for satisfying this requirement. The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town. In addition, at least 10 days prior to the initial public hearing, the owner or applicant shall post one or more signs giving notice of the public hearing. A sign shall be prominently displayed within 25 feet of each property line having frontage on a road or highway, so that it is clearly visible to the public from such road or highway. The sign(s) shall be furnished to the applicant for this purpose by the Town. Provided that there has been substantial compliance with this provision, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Zoning Board of Appeals in either granting or denying an appeal for a variance from a specific provision of this chapter
[Amended 7-17-2023 by L.L. No. 4-2023]
Action. Every decision of the Zoning Board of Appeals on an appeal or other application shall be made within 62 calendar days of the close of the public hearing by the Board, shall be recorded in accordance with standard forms adopted by the Board, and shall fully set forth the circumstances of the case and contain a full record of the findings on which the decision is based, including record of compliance with the applicable provisions of SEQRA, Article 8 of the Environmental Conservation Law, and 6 NYCRR 617. Every decision shall be by resolution of the Board, with such decision being filed in the office of the Town Clerk within five business days thereof, with a copy mailed to the applicant. The Board shall also notify the Zoning Administrator, the Building Inspector, the Secretary of the Planning Board and any affected municipality given notice of hearing of its decision in each case. If applicable, a report on the action taken shall also be filed within seven calendar days thereof with the Dutchess County Department of Planning and Development.
Attachment of conditions. The Zoning Board of Appeals shall, in the granting of both use and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Strict construction. All provisions of this chapter pertaining to the Zoning Board of Appeals shall be strictly construed. The Board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter and in strict compliance with all limitations contained therein; provided, however, that if the procedural requirements set forth in this article have been substantially observed, no applicant or appellant shall be deprived of the right of application or appeal.
§ 98-97 Effect of appeal.
Unless the Zoning Administrator or the Building Inspector, the latter as applicable in case of compliance with the provisions of the New York State Uniform Fire Prevention and Building Code, finds there to be an imminent threat to either life or property, an appeal stays all proceedings by either the Town or appellant in furtherance of the action which is the subject of the appeal.
Administrator appeal. In the case of an appeal for an interpretation, if the action by the Zoning Board of Appeals is to reverse the Zoning Administrator, the application fee shall be refunded to the appellant.
Planning Board appeal. In reviewing an appeal dealing with the Planning Board, the Zoning Board of Appeals shall determine the preferred interpretation and whether or not the action shall be initiated in light of the preferred interpretation.
§ 98-98 Relief from decisions.
Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 calendar days after the filing of the Board's decision in the office of the Town Clerk.
§ 98-99 Reimbursable costs.
Reimbursable costs incurred by the Zoning Board of Appeals for private consultation fees or other extraordinary expense in connection with the review of an application shall be charged to the applicant. Such reimbursable costs shall be in addition to the required application fee. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and reviewed annually by the Town Board. Said fee schedule shall include the requirement that an escrow account be established upon the Zoning Board of Appeals' receipt of the application to cover the anticipated costs of such consultant review and other expenses.