Poquott Village City Zoning Code
ARTICLE V
Enforcement and Administration
§ 183-17 Penalties for offenses.
A.
The first violation of this chapter within an eighteen-month period by the owner(s) shall be punishable by a fine of not less than $250 nor more than $1,500.
B.
The second violation of this chapter within an eighteen-month period shall be punishable by a fine of not less than $1,000 nor more than $2,500.
C.
The third violation of this chapter within an eighteen-month period shall be punishable by a fine of not less than $1,500 nor more than $5,000.
D.
Each day that a violation of this chapter should exist shall constitute a separate violation of this chapter.
E.
Where authorized by a duly adopted resolution of the Board of Trustees, the Village Attorney may bring and maintain a civil proceeding, in the name of the Village, in the Supreme Court, to permanently enjoin the owner and or the person or persons in control of the premises and or that are conducting, maintaining or permitting said violation or for other relief as may be appropriate or to take such other civil action as may be necessary to correct, prevent or remove a violation or unsafe and hazardous condition. The commencement of a civil proceeding by the Village shall not be deemed or construed to be a waiver by the Village of the right to bring an action for prosecution or enforcement of the violation and the fines and penalties under this section or as otherwise may be applicable under the law and the election of either a prosecution or civil proceeding by the Village shall not be exclusive of any other remedy. The Village shall be entitled to an award of all costs in the proceeding, including but not limited to administrative, engineering, filing, and other costs and legal fees, and to bring a separate action for those costs as may be necessary.
F.
The provisions of this chapter shall be carried out in a manner consistent with the building administrative laws and shall be enforced by the Mayor of the Village in accordance with the provisions of the Village Law of the State of New York. The penalties and fines contained herein and the election by the Village of Poquott to assess them shall not be a waiver of or act to limit or prejudice any other rights or remedies of the Village whether civil or otherwise. The Village of Poquott shall be entitled to temporary and permanent injunctive and other relief, including an assessment of the costs therein from any party committing a violation of this provision and any other civil or other remedies that may be available to the Village by law.
§ 183-18 Board of Appeals.
The Mayor shall appoint and the Village Trustees shall approve a Board of Appeals consisting of seven members as provided by the Village Law of New York State. The Board of Appeals may in a specific case after public notice and hearing and subject to appropriate conditions and safeguards determine and vary the application of the regulations herein established in harmony with their general purpose and intent as follows:
A.
Variance powers (matters of appeal before the Board of Appeals). Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the regulations, the Board of Appeals shall have power to vary or modify the application of such regulations so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done.
B.
Special powers and rules (matters of original jurisdiction and by application to the Board of Appeals). Whenever a use, or the location thereof, is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after public notice and public hearing, authorize such permissive use and its location within the district in which this chapter specifies the permissive use may be located, subject, however, to the following:
(1)
Before such approval shall be given, the Board of Appeals shall determine:
(a)
That the use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.
(b)
That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts.
(c)
That the safety, the health, the welfare, the comfort, the convenience or the order of the Village will not be adversely affected by the proposed use and its location.
(d)
That the use will be in harmony with and promote the general purposes and intent of this chapter.
(2)
In making determination, the Board of Appeals shall also give consideration among other things, to:
(a)
The character of the existing and probable development of uses in the district for the location of any such permissive uses.
(b)
The conservation of property values and the encouragement of the most appropriate uses of land.
(c)
The effect that the location of the proposed use may have upon the creation of undue increase of vehicular traffic congestion on public streets or highways.
(d)
The availability of adequate and proper public or private facilities for the treatment, removal, or discharge of sewage, refuse, or other effluent (whether liquid, solid, gaseous, or otherwise) that may be caused or created by or as a result of the use.
(e)
Whether the use, or materials incidental thereto, or produced thereby, may give off obnoxious gases, odors, smoke or soot.
(f)
Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration, or noise.
(g)
Whether the operations in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing, or if proposed by the Village or by other competent governmental agency.
(h)
To the necessity for bituminous surfaced space for purposes of off street parking of vehicles incidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be had.
(i)
Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason or as a result of the or by the structures to be used therefor, or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration of assemblage of person upon such plot.
(j)
Whether the use, or the structures to be used therefor, will cause an overcrowding of land or undue concentration of population.
(k)
Whether the plot area is sufficient, appropriate and adequate for the use and reasonable anticipated operation and expansion thereof.
(l)
Whether the use to be operated is unreasonably near to a church, school, recreational area, or other place of public assembly.
(3)
The Board of Appeals shall, in authorizing such permissive uses, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter. When, in its judgment, the public convenience and welfare and justice will be substantially served, and provided that the legally established or permitted use of neighboring property will not be substantially or permanently injured, the Board of Appeals may, after notice and hearing and subject to appropriate conditions and safeguards as outlined, authorize the granting of a permit.
C.
Rules. The Board of Appeals shall make rules as to the manner of filing appeals or applications for special exceptions or variances.
D.
Filing and public hearing. Upon the filing with the Board of Appeals of an appeal or of an application for special exception or variance, the Board of Appeals shall fix a time and a place for a public hearing thereon and shall give notice thereof as follows:
(1)
By publishing a notice thereof in the local paper or paper of general circulation in the Village.
(2)
The applicant shall include stamped envelopes addressed to all the owners of record of property abutting and/or within 200 feet of the proposed variance with enclosed notices declaring that such application has been made.
(3)
For each proposed change of the chapter or change of the Zoning Map as provided by this chapter, there shall be a fee as set from time to time by resolution of the Board of Trustees.
§ 183-18.1 Planning Board.
[Added 7-7-2025 by L.L. No. 5-2025]
A.
Planning Board established; membership and terms of office; removal. There shall be a Village Planning Board appointed by the Mayor, subject to the approval of the Board of Trustees, which Board shall consist of seven members. The terms of the members of the Board shall be staggered so that each year the term of one of the members shall expire, and the appointment or re-appointment for that term shall be for seven years. If a vacancy occurs otherwise than by expiration of term, it shall be filled by appointment for the unexpired term of that vacancy. Any official of the Village on such Board shall not, by reason of membership thereon, forfeit his right to exercise the powers, perform the duties or receive the compensation of municipal office held by him during such membership. Subject to Chapter 26 of the Poquott Village Code, the Mayor shall have the authority to recommend that any member of the Planning Board be removed for cause after a public hearing and to start such hearing process before the Village.
B.
Designation or election of Chairman. The Chairman of the Planning Board shall be designated by the Mayor, with the approval of the Board of Trustees, and on its failure to do so, shall be elected from and by the Planning Board's own members.
C.
Planning Board scope of authority.
(1)
The scope of authority of the Planning Board shall be to review and approval of dock permits.
(a)
Review and approval of subdivisions pursuant to Article 7 of the Village Law.
(b)
Review and oversite of special use permits pursuant to Article 7 of the Village Law.
(c)
Maintenance and not less than biennial review of the Master Plan.
(d)
Review and consideration of any permit application that alters the exterior of a property and abuts Village-owned land not including developed roads, but including land (i.e., parks) and undeveloped land (i.e., bluff).
(e)
Review and oversite of site plans where the plans require significant re-grading of property which results in a change of grade of an area of 10% or more of the property in excess of a 5% change in grade.
(f)
Review and oversite of site plans where the plans required clearing of more than 25% of the area of a property.
(2)
If the above criteria for Planning Board review of an application are met, the Planning Board may in its discretion request any of the following more specific professionally stamped plans from applicant:
(a)
A stormwater pollution prevention plan.
(b)
A revegetation plan (including existing and proposed) and timeline.
(c)
Drainage plan showing stormwater runoff calculations and drywell placement.
(d)
Any other requirements of the stormwater provisions of the Village Code and New York state.
D.
Planning Board policy and procedures.
(1)
Topographical survey. All plans that alter the exterior of property will require a topographical survey showing existing and proposed elevations at two-foot changes in elevation as part of the building permit application regardless of whether criteria 1 or 2 are met.
(2)
Combined property registration. The building department will establish requirements for a combined property registration at the Village Level if someone applies at Brookhaven for recordkeeping only.
(3)
Building Department criteria. While Planning Board will review and oversee permits that meet criteria and abut Village-owned land, the building department will adopt the same review criteria and protocols with regards to any other permits that alter the exterior of a property.
(4)
Expenditures of the Planning Board.
(a)
The Planning Board may request Board of Trustee approval to employ experts and to pay for their services and such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made for such Board approval.
(b)
Where an expert is retained, the Planning Board shall prepare and submit a monthly itemized report of all such expenditures, including fees incurred for outside consultants or experts, to the Board of Trustees and to any applicant who has been or may be required to reimburse the Village for such expenses. Each report shall detail the nature of the services provided, the provider, and the corresponding cost. This obligation shall continue for the duration of the application process and continue until all related expenditures are resolved.
(5)
Review and recommendation process. Dock permits, subdivisions and special use permits will be directed to the Planning Board Chair and scheduled for the Planning Board review and consideration.
(6)
Planning Board review of certain applications. A building permit application that 1) alters the exterior of a property; and 2) abuts Village-owned land will be directed to the Planning Chair for review. If criteria 1 or 2 are met, the application will be scheduled by the Planning Chair for Planning Board review. The Planning Chair shall have five business days from the receipt of the application to determine whether the application requires Planning Board review.
(7)
Planning Board recommendations. The Planning Board may recommend to the Village Board of Trustees regulations relating to any subject matter over which the Planning Board has jurisdiction under this article or any other statute or local law of the Village for consideration and possible action by the Board of Trustees.
(8)
Plans available. All additional plan details gathered by Planning Board will be included in application package and available for the Building Department for final review prior to the issuance of a building permit.
(9)
Application process.
(a)
The Planning Board process should not impede the Building Department review of any portion of an application not subject to Planning Board review.
(b)
A Planning Board application that is complete or has been determined by the Planning Board Chair to be reviewed by the Planning Board should appear on the agenda of the next Planning Board meeting.
(c)
The Planning Board should only accept complete applications (contain all documents required by Code and in proper form). If an application is submitted directly to the Planning Board and is deemed incomplete, the Planning Board must advise the applicant in writing that the application is incomplete and return the application to the applicant. Incomplete applications will be removed from Planning Board agenda/calendar until resubmitted by applicant. Partial or incomplete applications should not be submitted to the Planning Board for review at a public meeting.
(10)
Planning Board training. New members of Planning Board must complete an introductory training approved by Board of Trustees within 30 days of their appointment and four hours of Planning Board specific training every year that they serve. The training must be provided by a certified agency associated with NY State and training topics. Additional training from Village Officials such as legal, environmental, building, code, etc., can be added as a supplemental training but not in place of official agency training.
E.
Severability. In the event that any provision of this local law or section should be deemed or determined to be invalid or unenforceable for any reason, then the remaining sections of this section or the adopted section shall continue in full force and effect.