Designation of Zoning Administrator. The Zoning Administrator under this chapter shall be divided into two Department Zoning Administrators, designated as follows:

Department Zoning Administrator Authorization and Duties. It shall be the duty of the Department Zoning Administrator or his/her designee, and the Department Zoning Administrator is hereby authorized as follows:

Method of Acting.

Authority under this chapter shall be vested in and delegated to the officials and Decisionmaking Authorities designated in this chapter, the Village Code, and the New York State Village Law. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and Decisionmaking Authorities.

The officials and Decisionmaking Authorities shall have all implied authority necessary to carry out the duties and responsibilities expressly provided in this chapter to the extent the implied authority is not in conflict with the expressed authority.

Duties. The Board of Trustees shall perform all duties and functions assigned to boards of trustees under New York State Village Law, this chapter, and any other applicable chapter of the Village Code.

Certain Specific Authority. Without limitation, the Board of Trustees is authorized to:

Actions. Such actions may include approval, conditional approval or disapproval based on the standards and requirements set forth in or established pursuant to this chapter.

Establishment of Development Review Committee (DRC). There shall be a Village of Port Chester Development Review Committee (DRC). The purpose of the DRC is to have a centralized review of specific applications for development review by key Village Staff and its technical experts and consultants.

Make-Up of the Development Review Committee. Such Committee shall consist of the Director of Planning and Economic Development, the Building Inspector, the Village Engineer, the Director of Code Enforcement, the Village Traffic Sergeant, the Village Consulting Traffic Engineer, the Village Fire Department, the Emergency Services, the Village Attorney, and/or other staff and/or designees that the Planning and Economic Development Zoning Administrator deems necessary to review an application. The Director of Planning and Economic Development shall chair the Committee.

Meeting Requirements. The DRC shall meet when an application is referred by the Decisionmaking Authority, unless the Director of Planning and Economic Development deems it not necessary to convene for a particular month.

Roles and Responsibilities. Each member of the DRC is required to review development review applications and provide written commentary within a week of the meeting on any potential impacts, inconsistency in the application, or recommendation for additional information to be provided. Alternatively, DRC members may appear at the meeting to offer commentary. The Director of Planning and Economic Development may also request a member to submit commentary in writing.

Report. A report shall be prepared on each meeting of the DRC, which shall be transmitted to the applicant and the Decisionmaking Authority.

All Site Plans and Development Parcel Plans shall be referred to the Architectural Review Board (ARB) for review and recommendation with regard to colors and materials, architectural articulation, and harmony of exterior features only.

The ARB shall, within 45 calendar days from the date of the Decisionmaking Authority Referral Resolution, offer its recommendations in writing to the Decisionmaking Authority. In the event that no recommendations are received within the time period allocated, the Decisionmaking Authority shall continue the review process in the absence of ARB recommendations. Nothing herein shall preclude the Decisionmaking Authority from considering and/or conditioning an approval upon areas that would otherwise have been the purview of the ARB.

Site Plans and Development Parcel Plans that are determined by the Decisionmaking Authority to likely have a potential impact to transportation or parking shall be referred to the Traffic Commission for review and recommendation.

The Traffic Commission shall, within 45 calendar days from the date of the Decisionmaking Authority Referral Resolution, offer its recommendations in writing to the Decisionmaking Authority. In the event that no recommendations are received within the time period allocated, the Decisionmaking Authority shall continue the review process in the absence of Traffic Commission recommendations. Nothing herein shall preclude the Decisionmaking Authority from considering and/or conditioning an approval upon areas that would otherwise have been the purview of the Traffic Commission.

Per Chapter 332 of the Code of the Village of Port Chester, whenever an agency receives an application for approval or funding to be located in the Village's coastal area, the agency shall refer seven copies of the completed Coastal Assessment Form (CAF) to the Waterfront Commission at least 10 days prior to the Commission's regularly scheduled meeting.

The Waterfront Commission shall, within 45 calendar days from the date of the Decisionmaking Authority Referral Resolution, offer its recommendations in writing to the Decisionmaking Authority. In the event that no recommendations are received within the time period allocated, the Decisionmaking Authority shall continue the review process in the absence of Waterfront Commission recommendations. Nothing herein shall preclude the Decisionmaking Authority from considering and/or conditioning an approval upon areas that would otherwise have been the purview of the Waterfront Commission.

Building and Lot Plans.

Site Plans.

Development Parcel Plans.

Special Exception Uses.

Other Applications and Reviews.

Single-Family detached or Two-Family Dwellings and their Accessory Uses in the CD-3, CD-3.R5, CD-3.R7, CD-3.R20, or CD-4 Districts.

Anything not listed in §§ 345-805F(1), 345-805G(1), 345-805H(1), 345-80I(1), 345-805J, 345-806, 345-807, and 345-809.

Project Proposal Form (PPF). In order to begin the development review process, a project proposal form (PPF) shall be submitted to the Department of Planning and Economic Development, unless otherwise initiated in the Building Department or as part of an application to a Decisionmaking Body.

Precategorization Conference. Upon receipt of a PPF and appropriate fee, as set forth in Village Code Chapter 175 (Fees), the Planning and Economic Development Zoning Administrator shall schedule a Precategorization Conference with the prospective applicant. The Precategorization Conference may include the Building Inspector, Village Engineer, Village Attorney, or other staff, at the discretion of the Planning and Economic Development Zoning Administrator. At the Precategorization Conference the proposal shall be discussed and indication of the category shall be provided by the Village to the prospective applicant. In addition, the required parking standards for an overall application/site shall be clearly discussed, as well as the operational aspects of any parking provided. Application requirements and the development review procedures and process shall be discussed as well. In preparation for the Precategorization Conference, the Planning and Economic Development Zoning Administrator may require that prospective applicants request from the Building Department a standard property search. At the discretion of the Planning and Economic Development Zoning Administrator, the Precategorization and Presubmission Conference may be combined.

Presubmission Conference. Prior to the submittal of a development review application a prospective applicant may request a Presubmission Conference with the Department of Planning and Economic Development. At such Presubmission Conference, the proposal may be discussed, as well as the application requirements, development review procedures, and process. A prospective applicant may request more than one Presubmission Conference. No Presubmission Conference may take place unless the appropriate fee is provided, as set forth in Village Code Chapter 175 (Fees).

Application. Upon categorization of a project, the applicant shall submit an application, per the specific requirements and procedures discussed in § 345-805E through I below.

Request for Special Meeting or Workshop. An applicant may request a special meeting or workshop with any of the Decisionmaking Authorities or Referral Bodies described in this article. Such request must be made in writing to the Planning and Economic Development Zoning Administrator and be accompanied by the appropriate fee, as set forth in Village Code Chapter 175 (Fees).

Multiple Approvals. When one of the applications discussed below in § 345-805F through J requires other local approvals, such as Variances or approval of a Special Exception Use, all such approvals shall be applied for at the same time. The Decisionmaking Authority shall consider the application as a whole.

Multiple Decisionmaking Authorities. When an application with multiple approvals involves more than one Decisionmaking Authority, the following shall occur:

Applicability.

Building and Lot Plan Application Requirements.

Building and Lot Plan Procedures.

Review Criteria.

Decisionmaking Authority's Action.

Condition to Building, Building Permit and Certificate of Occupancy.

Applicability.

Site Plan Application Requirements.

Site Plan Procedures.

Review Criteria.

Decisionmaking Authority's Action. A Site Plan application must be approved or disapproved by the Decisionmaking Authority in accordance with the following:

Site Plan Procedures Related to Certain Uses.

Expiration or lapse of approval. If a Building Permit related to an approved Site Plan application is not issued within three years from the date the Site Plan was approved, the Site Plan approval shall expire. Notwithstanding the foregoing:

Applicability.

Development Parcel Plan Application Requirements.

Development Parcel Plan Procedures.

Review Criteria.

Decisionmaking Authority's Action. A Development Parcel Plan application must be approved or disapproved by the Decisionmaking Authority in accordance with the following:

Expiration or Lapse of Approval. If a Building Permit related to an approved Development Parcel Plan application is not issued within three years from the date the Development Parcel Plan was approved, the Development Parcel Plan approval shall expire.

Development Parcel Plan Required as Part of Other Applications. If a Development Parcel Plan is required by virtue of § 345-501B(1)(a) or (b), such Development Parcel Plan must be submitted for review and Certification of Compliance by the Planning and Economic Development Zoning Administrator prior to taking any of the actions described in § 345-501B(1)(a) or (b), and the certified Development Parcel Plan and Certificate of Compliance must be submitted as part of the applicable application for approval of the Site Plan or Zoning Map Change or Zoning Text Amendment, as applicable.

Purpose and Applicability. The purpose of a Special Exception Use approval is to provide additional regulation for particular uses within the Village through special criteria and an approval process before the appropriate Decisionmaking Authority.

Special Exception Use Application Requirements. An application for a Special Exception Use shall contain the information required as part of the Special Exception Use Checklist established and revised from time to time by the Department of Planning and Economic Development.

Special Exception Use Procedures.

Review Criteria.

Decisionmaking Authority's Action. A Special Exception Use application must be approved or disapproved by the Decisionmaking Authority in accordance with the following:

Special Procedures Related to Certain Special Exception Uses.

Lapse Upon Change of Use. An approved Special Exception Use and any related Certificate of Occupancy shall lapse automatically without the need for any action by the Village if the Use of the subject property is changed, regardless of whether such different Use is deemed to be a higher or lower Use.

Effective Time. A Special Exception Use approval shall become effective at the time the application is approved by the Decisionmaking Authority and shall be valid regardless of change of ownership, provided that all terms and conditions of the approval are met by subsequent owners or users.

Subdivision Plats. Subdivision Plats must meet the standards and requirements of Chapter A402 (Land Subdivision Regulations) of the Code of the Village of Port Chester and any applicable standards and requirements of this chapter.

Eligible Facilities Requests. Certain modifications of Wireless Telecommunications Facilities that do not constitute a Substantial Change (i.e., Eligible Facilities) are subject to administrative approval by the Building Inspector pursuant to an Eligible Facilities Request in accordance with § 345-405W.

Battery energy storage systems. Tier 1 battery energy storage systems shall be permitted in all zoning districts, subject to the Uniform Code and the Battery Energy Storage System Permit, and exempt from site plan review.

Interpretations and Review of Decisions by the Zoning Administrator(s) or Enforcement Official. The Zoning Board of Appeals is vested with the power to hear and decide appeals from and review decisions by the administrative official(s) responsible for the enforcement of this chapter. The Zoning Board of Appeals is authorized to affirm or reverse, wholly or partly, or to modify the decisions appealed to it.

Zoning Variances. There are two types of zoning variances:

Application. An application for Interpretation and Review of Decision, Area Variance, or Use Variance must be submitted in the form required and filed with the Planning and Economic Development Zoning Administrator. One original, nine printed copies, and one digital PDF copy must be provided, accompanied by the appropriate fees, as set forth in Village Code Chapter 175 (Fees). Once it is determined that the application is complete, the Planning and Economic Development Zoning Administrator must forward the application to the Zoning Board of Appeals.

Public Hearing. Within 62 days of the determination of completeness, the Zoning Board of Appeals must hold a public hearing on the proposed zoning variance. Notice of the public hearing is required in accordance with § 345-808.

Compliance with the New York State Environmental Quality Review Act (SEQRA). The Zoning Board of Appeals shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of the New York Codes, Rules and Regulations.

Notice to Westchester County Planning Board. At least five days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the Westchester County Planning Board, as required by § 239 of the New York State General Municipal Law and § 277.61 of the Westchester County Administrative Code. Depending on the type of action, the referral may contain the full application, while others only require notification to the county.

Determination by Zoning Board of Appeals. Within 62 days of the closing of the public hearing, the Zoning Board of Appeals must approve, approve with modifications, or disapprove the application. This sixty-two-day period may be extended only by mutual consent of the applicant and the Zoning Board of Appeals.

Interpretations and Review of Decisions by the Zoning Administrator(s) or Enforcement Official. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.

Zoning Variances.

Authorization. Under New York State Village Law, the Board of Trustees is authorized to review requests for Zoning Text Amendments. However, taking action on such request is entirely discretionary.

Description. A Zoning Text Amendment allows for amendment of the regulations imposed by this chapter in response to changed conditions or changes in Village policy.

Initiation.

Procedure.

Approval Standards. A Zoning Text Amendment is a matter of legislative discretion that is not controlled by any one of the following standards, but rather on a balancing of these standards. The Board of Trustees shall consider the following criteria:

Abstract and Effective Date. For any Zoning Text Amendment adopted by the Board of Trustees:

Authorization. Under New York State Village Law, the Board of Trustees is authorized to review requests for Zoning Map Changes. However, taking action on such request is entirely discretionary.

Description. A Zoning Map Change allows for amendment of the Zoning Map in response to changed conditions or changes in Village policy.

Initiation.

Procedure.

Approval Standards. A Zoning Map Change is a matter of legislative discretion that is not controlled by any one of the following standards, but rather on a balancing of these standards. The Board of Trustees shall consider the following criteria:

Abstract and Effective Date. For any Zoning Map Change adopted by the Board of Trustees:

The applicant is responsible for published notice. If the request is from the Board of Trustees, the Village Clerk is responsible for published notice.

When published notice is required, it must be published at least 10 days prior to the date of the public hearing in the Village's official newspaper.

The published notice must be in both English and Spanish and include, at a minimum:

An Affidavit of Publication shall be provided to the Planning and Economic Development Zoning Administrator at least five days prior to any proceedings of the Decisionmaking Authority.

The applicant is responsible for mailed notice. If the request is from the Board of Trustees, the Village Clerk is responsible for mailed notice.

When mailed notice is required, it must be certified mailed at least 10 days prior to the public hearing.

Mailed notice must be sent by mail to the property owner of the subject property, as well as all property owners within 200 feet of the property line of the subject property. For applications for a Zoning Text Amendment and Zoning Map Change, such mailed notice must be sent to all property owners within 500 feet of the property line of the subject property. Applications for Wireless Telecommunications Facilities shall follow the noticing requirements provided for in § 345-405W, Wireless Telecommunications Facilities.

The mailed notice must be in both English and Spanish and include, at a minimum:

An Affidavit of Mailing shall be provided to the Planning and Economic Development Zoning Administrator at least five days prior to any proceedings of the Decisionmaking Authority.

For those certified mailings that are returned, such returns shall be provided to the Department of Planning and Economic Development.

The failure of any individual neighboring property owner to receive mailed notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.

The applicant is responsible for posted notice. If the request is from the Board of Trustees, the Village Clerk is responsible for posted notice.

When posted notice is required, the applicant shall post one sign per 300 linear feet of frontage on each street upon which the subject property fronts, at least 10 days prior to the public hearing and any continued public hearing thereafter.

When an application involves multiple properties, signs must be placed in all locations determined by the Planning and Economic Development Zoning Administrator.

The posted notice sign must be in English and Spanish. The Department of Planning and Economic Development shall establish policies and procedures with regards to such signs.

An Affidavit of Posting with photographic documentation of the posted notice signs shall be provided and must be signed by the person posting the signs, notarized, and returned to the Department of Planning and Economic Development immediately after posting the notice, a minimum of 24 hours prior to the public hearing.

The applicant must maintain the public notice sign in good condition throughout the posting period. Public notice signs defaced or damaged prior should be, but are not required to be replaced by the applicant within a reasonable amount of time before the public hearing.

Public notice signs must be removed within five days of the closing of the public hearing. Signs not removed within such time period shall constitute a violation under this chapter.

Westchester County Notification. If the proposed application affects the interest of Westchester County, as required by § 239 of the New York State General Municipal Law and § 277.61 of the Westchester County Administrative Code, the applicant or Village Clerk shall mail a copy of the published notice of the public hearing and a copy of the proposed application with supporting material describing the substance of the application to the Westchester County Planning Board at least 10 days prior the public hearing and at least 30 days prior to any Village action.

Adjoining Municipalities. If the land involved in any application lies within 500 feet of the boundary of any other municipality, the applicant or Village Clerk shall mail a copy of the published notice of the public hearing, along with supporting material describing the substance of the application, to the municipal Clerk of such adjoining municipality at least 10 days prior to the public hearing.

Upon receipt of an application for a Sign Permit, the Building Inspector may at his or her discretion forward to the Planning and Economic Development Zoning Administrator a copy thereof and copies of all accompanying materials, including without limitation the Sign Plan.

If forwarded by the Building Inspector, the Planning and Economic Development Zoning Administrator shall review such application, Sign Plan, and other materials to determine whether the proposed Sign complies with § 345-701.

If forwarded by the Building Inspector and if the Planning and Economic Development Zoning Administrator determines that the application, Sign Plan, and other materials, comply with § 345-701, he or she shall issue a Certificate of Compliance, certifying compliance with § 345-701, and shall forward a copy of the same to the Building Inspector.

The applicant pays the application fee in accordance with Chapter 175 (Fees); and

The Building Inspector determines that the application, proposed Sign, and the Sign Plan and other materials accompanying the application conform to the applicable requirements of the Building Code and all applicable electrical codes; and

If requested by the Building Inspector per § 345-809D, the Building Inspector has received a copy of the Planning and Economic Development Zoning Administrator's Certificate of Compliance, certifying compliance with § 345-701. Otherwise, the Building Inspector determines that the application, proposed Sign, and the Sign Plan and other materials accompanying the application conform to § 345-701.

An applicant may choose to include the location of a Sign within its Site Plan application or Development Parcel Plan. The applicant is still required to file a Sign Permit application with the Building Inspector after any Site Plan or Development Parcel Plan approval.

The Planning Commission reserves the right to approve or disapprove the location of a Sign, if it so chooses.

As an alternative, an applicant may file with the Village Engineer a performance bond or other suitable security ("bond") to cover the full cost of required Improvements in an amount set by the Village Engineer.

After receiving approval of the bond from the Village Engineer, the applicant must file the bond with the Village Clerk.

The bond shall be conditioned upon the property owner's or developer's completing the required public improvements enumerated on the approved Site Plan in a manner satisfactory to the Village and with said improvements functioning properly for a period of one year from their completion. If such public facility improvements are not so completed or do not so function, the bond shall be forfeited, and the Village shall be entitled to the full amount and shall use the amount necessary to complete the work not done. If any amount of money remains after the Village has completed said work, such excess money shall be returned to the surety or person putting up the required bond. Approval by the Village Engineer, on notice to the Decisionmaking Authority, must be obtained before any bonds or excess money are returned.

The bonds to be deposited as herein provided may consist of bonds of the kinds and nature authorized in § 106 of the General Municipal Law.

For the SD-PRD District, refer to Table 345.405.A-10 (District Standards: Planned Residential Special District).

Upon any approval that involves the installation of a new drainage detention or retention system, an applicant shall be required to sign and notarize a Stormwater Management Practices Maintenance Declaration stating that the property owner is responsible for the installation, maintenance and repair of the stormwater management practices, drainage easements, and any associated landscaping identified in the approval.

Per § 345-405R(2)(b), a maintenance bond lasting one year must be provided for all plantings required in Districts CD-4, CD-5, CD-5W, CD-6, CD-6T, and Civic Districts.

Written Notice of Violation. Upon finding any construction, Improvements, or Uses to be in violation of this chapter, the Building Inspector or their designee shall transmit a written Notice of Violation and Order to Abate by posting same on the subject property and by personal service or registered or certified mail, to the responsible party(ies).

Content of Notice. The Notice of Violation shall be a written, succinct statement, signed and dated by the Building Inspector or their designee, in form and content containing the following:

Compliance Period. The Building Inspector or their designee is authorized to grant an additional 30 days to comply with a Notice of Violation and Order to Abate on a showing of just cause.

Each and every day a violation of this chapter exists shall constitute a separate and distinct offense.

Persons found guilty of a first offense shall be subject to a fine not exceeding $700 for each violation and/or imprisonment up to 15 days, and each such violation shall constitute a violation.

Persons found guilty of a second offense, both of which were committed within a period of 10 years, shall be subject to a fine of not less than $700 nor more than $1,400 and/or imprisonment up to one year, and each such violation shall constitute a misdemeanor.

Upon conviction of a third or subsequent offense, all of which were committed within a period of 10 years, violators shall be subject to a fine not less than $1,400 nor more than $2,000 and/or imprisonment up to one year, and each such violation shall constitute a misdemeanor.

In addition to those penalties prescribed above, any person who violates any provision of this chapter shall be liable to a civil penalty in a minimum amount of $250 not to exceed $1,000. Each day of such violation shall constitute a separate and distinct offense. The civil penalty provided by this subsection shall be recoverable in an action instituted in the name of the Village of Port Chester.

Escrow Agent. The Village Treasurer or his/her designee shall act as the escrow agent for the purposes of this § 345-814.

Expense. The expense of such professional consultants shall be in accord with fees consistent with that charged for such services in the metropolitan New York region and pursuant to a contractual agreement between the Village and such consultant. All such charges shall be paid by the Village upon submission of a Village voucher.

Reimbursement. The Village shall be reimbursed for the actual cost of such services, in accordance with the procedures described in § 345-814A.

Evidence of Payment. Evidence of payment of all professional consultant review fees shall be provided by the Village Treasurer, acting in the capacity as escrow agent, who shall, upon request of the applicant, Decisionmaking Authority, or Village staff, provide a statement of account.

Payment as Condition to Issuance/Action. Full payment of such fees shall be a condition of final action by a Decisionmaking Authority, as the case may be.

Preapplication. For the review of Development concepts and proposals, an escrow fee shall be required. Upon submittal of a Project Proposal Form ("PPF") to the Department of Planning and Economic Development, and prior to any preapplication or other review thereof, a minimum escrow fee of $2,500 shall be provided by a prospective applicant in order to initiate the review process.

Formal Application. At the time of submission of a formal application for the following types of applications, the applicant shall tender an amount as set herein to allow the Village to establish an escrow account. No application shall be deemed complete until such time as said tender is made.

Adjustment of Amounts. These amounts may be adjusted at the time of application in the discretion of the Director of Planning and Economic Development, depending on the complexity of the application, the number of Village approvals that may be concurrently required, or other relevant factors.

Estimate of Costs. Before an escrow account is established, the prospective applicant or applicant shall be provided with a written estimate of the costs anticipated to be incurred in such professional review.

Replenishment of Escrow. When the balance in such escrow account is reduced to 1/2 of its initial amount, the applicant shall be notified in writing by the Village and shall deposit additional funds into such account as required. If the escrow account is not replenished within 30 days after the applicant is notified in writing of the requirement of an additional deposit, the further review of the application may be suspended. In addition, the Decisionmaking Authority shall not be required to comply with the time periods, if any, by applicable law, if the applicant fails to replenish the account as aforesaid. Any such time periods shall begin to accrue again upon receipt of the required payment.

Refund of Any Excess Escrow. After all pertinent charges have been paid, and upon final approval or denial by the Decisionmaking Authority (or determination not to proceed or withdrawal of an application), the Village shall refund to the applicant any funds remaining on deposit, less any fees incurred for the establishment and maintenance of the escrow account.