What is the Construction Approval Process in Pleasantville?

The construction process within the Village of Pleasantville can involve a series of in-depth reviews by numerous municipal bodies, each of which has its own area of expertise. This overview will identify the municipal bodies and explain their roles in relation to the construction process using a small commercial site as a typical example.

This is merely a guide. It creates no rights. It is not intended to convey legal advice. You may wish to contact your attorney before proceeding.

The first order of business when an applicant requests a permit to construct a building or structure is to meet with the local building inspector. The building inspector will inform the applicant which Village zoning district the subject property falls within and will then describe permitted uses in that zoning district. Once this information has been reviewed, the applicant will be given the opportunity to explain exactly what he is proposing, i.e., building type, building size, parking layout and overall preliminary proposal.

A preliminary zoning compliance review will then be done with regard to bulk and parking requirements and any other pertinent zoning information. Based on this preliminary information, the applicant will be asked to file an actual proposal in the form of a site plan. The site plan must be drawn to scale, and all information (zoning data) must be labeled on the plan. A specific number of copies will be required for submission.

The Building Inspector will review this information and reach a decision as to zoning compliance. If determined to be compliant, the application proceeds to a building permit review for approval of the proposed work. If determined to be non-compliant, the applicant may appeal the Building Inspector's denial of a permit to the Zoning Board of Appeals.

The Zoning Board of Appeals has the power to waive certain zoning restrictions set by the local zoning ordinance, i.e., insufficient parking provided on site, inadequate setback compliance, excessive lot coverage, etc., and grant a variance.

Prior to being placed on the Zoning Board agenda, the applicant will be required to submit a detailed explanation as to why a variance is being requested. In the case of a use variance, the applicant must prove that he will suffer a hardship if the requested variance is not granted. Proof of hardship requires the showing of the following four points:

(a) Under the applicable zoning regulations, the applicant is deprived of all economic use or benefit from the property.

(b) The hardship is unique and does not apply to a substantial portion of the district or neighborhood.

(c) The variance will not alter the essential character of the neighborhood.

(d) The alleged hardship is not self-created.

In the case of an area variance, the applicant must attempt to show that:

(a) The granting of the requested variance will not produce an undesirable change in the character of the neighborhood, nor will it create a detriment to nearby properties.

(b) The benefit sought by the applicant cannot be achieved by any other method, feasible for the applicant to pursue, other than an area variance.

(c) The requested variance is not substantial.

(d) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

(e) The alleged difficulty was not self-created (this will not necessarily preclude the granting of the area variance).

In analyzing this information, the Zoning Board will balance the benefit to the applicant from the variance versus the detriment to the health, safety and welfare of the community or neighborhood that would occur if the variance were to be granted.

In advance of the application being heard by the Zoning Board of Appeals, the proposal will be finalized and sent out to the Village newspaper in the form of a public notice and the applicant notice papers will be forwarded to the Zoning Board of Appeals. Additionally, property owners within three hundred (200) feet of the subject property will be notified. The application will then be placed on the agenda of the next available Zoning Board of Appeals meeting, which occurs the last Thursday of every month.

At the Zoning Board of Appeals meeting, the applicant will discuss his proposal with the five Board members; and the Board will decide the matter. If a majority of all five members vote in favor, the applicant will be granted relief from the zoning criteria requested. If fewer than three members vote to grant or deny the request, the matter will be continued for consideration at the next meeting. If the request for a variance is denied, the applicant has the opportunity to:

(a) Drop the project completely;

(b) Redesign the project to comply with the Municipal Zoning Ordinance; or

(c) Litigate.

Assuming the variance is granted, the next step will be to continued the review process for issuance of a building permit to proceed with the proposed work.

Often applications also required review and approval via the Village Planning Commission, which is a Village-appointed board consisting of seven members. The Commission receives professional advice from a Planning Consultant who aids the Planning Commission throughout the process.

It is the responsibility of the Planning Commission to review proposals and come up with an acceptable scheme for development within a specified district. The resulting plan should meet the applicant's needs while at the same time satisfying Village requirements. The Planning Commission's in-depth reviews cover the following areas of concern:

(1) Drainage

(2) Utility locations

(3) Building orientation

(4) Traffic flow

(5) Screening

(6) Driveway and road locations, etc.

During it's review of the applicant's proposal, the Planning Commission may ask for input by other agencies such as, but not limited to, the Public Safety Commission, Village Fire Department, Public Works Department, County Planning Department, New York State Department of Transportation; Soil & Water Conservation Department and the like.

The Planning Commission may also ask for the Board of Architectural Review (ARB) to comment on a proposal. The ARB will scrutinize the design features to ensure that the proposal does not have any architectural inconsistencies that could adversely affect the immediate neighborhood. At the conclusion of its review, the ARB will send its comments back to the Planning Commission to be made part of the Planning Commission's record.

At this stage of the process, the Planning Commission may visit the site to become familiar with its slopes, rock outcroppings and overall land characteristics. Typically, the applicant will also be required to submit an environmental Assessment Form (EAF), which addresses numerous environmental concerns. These concerns must be dealt with to the satisfaction of all involved agencies so that a "negative declaration" can be issued with regard to the proposal.

Once all zoning, planning and environmental matters have been addressed, the Planning Commission will vote on the proposal. If the vote is positive, the proposal will be approved by resolution.

Having received approval from the Planning Commission, the applicant will then submit to the Building Inspector an application for a Building Permit. This submission will consist of the following data:

(1) Survey

(2) Construction drawings which consist of:

• elevation views
• section views
• plan views
• specifications
• mechanical/electrical
• plumbing details

(3) Required building fees

(4) Utility locations, etc.

(5) Job schedule "critical path" during construction

Once the Building Inspector is satisfied that the submissions comply with the applicable code requirements, a Building Permit can be issued.

During the construction phase, all aspects of construction are monitored to assure code compliance until the issuance of a Certificate of Occupancy, which gives the applicant the right to occupy the structure legally.