[Amended 5-20-2010 by L.L. No. 1-2010]
No building permit, certificate of completion, certificate of
occupancy or certificate of use shall be issued by the Building Department,
or any Village personnel authorized to issue same, with respect to
any project as to which site development plan approval is required
pursuant to the terms of this chapter, unless and until such approval
has been granted by the Planning Board or the Board of Trustees, as
applicable. Furthermore, no certificate of use, occupancy or completion
shall be issued with respect to any premises unless and until all
requirements and conditions imposed by the Planning Board or the Board
of Trustees, as applicable, with respect to such approval, have been
satisfied. Any and all such requirements and conditions shall be continually
satisfied, as a continuing condition of the validity and enforceability
of any certificate of use, occupancy or completion with respect to
any property for which site development plan approval is required.
Any amendments, modifications or revisions to plans that have been
the subject of site development plan approval must be approved in
the same manner and to the same extent as the original plans were
subject to site development plan approval.
In preparing its decision concerning any site
development plan application, the Board of Trustees shall consider
the nature, arrangement and appearance of all buildings and uses on
the lot, including their potential impact on adjacent properties,
architectural features and land uses, so that they will have a harmonious
relationship with the existing and planned development of contiguous
lands and adjacent neighborhoods; so that they will have no material
adverse effect upon the desirability of such neighborhoods for the
uses contemplated by this chapter; so that they will be properly related
to the proposals of the Village Development Plan; so that the required
parking and loading spaces are provided; so that pedestrian and vehicular
access, traffic circulation and general layout of the site are properly
planned with regard to the safety of cars and pedestrians using the
site, as well as those on neighboring properties and streets; so that
they will be sited and located to take advantage of solar access insofar
as feasible, including the orientation of proposed buildings with
respect to sun angles and the shading and windscreen potential of
existing and proposed vegetation both on and off the site, and to
consider the impact on solar access to adjacent uses and properties;
and so that the purposes and intent of this chapter will otherwise
be met, to the end that the property values will be conserved, the
most appropriate use of land will be encouraged and the health, safety
and general welfare of the community will be furthered. In acting
to approve, whether with or without modifications, a site development
plan application, the Board of Trustees shall attach such conditions
and safeguards as it deems necessary to assure that the purposes and
intent of those regulations will be complied with.
The Board of Trustees may, on its own initiative,
propose a general or specific site plan for a particular area where
site development plan approval may be required in the future, using
as a guide the requirements of this chapter.
Except for single-family dwellings, public schools, municipal uses of the Village of Bayville and accessory uses permitted thereto, no building permit shall be issued and no building or use shall be established except in conformance with a site development plan approved by the Board of Trustees in accordance with Article
XXII of this chapter.
Site development plan approval shall be required
in the following zoning use districts of the Village:
C. Amusement Business District.
D. Planned Shopping Center District.