[Amended 5-26-1981 by L.L. No. 12-1981]
[Amended 1-13-2003 by L.L. No. 1-2003]
A. 
Site plan approval from the Planning Board is required for all special permitted uses, for all principal permitted and accessory uses, except single- and two-family dwellings and accessory uses thereto, and for all changes of use. No building permit shall be issued by the Building Inspector for any use which requires site plan approval except upon authorization of and in conformity with plans approved by the Planning Board. Notwithstanding the foregoing, any change of use from one principal permitted or accessory use to another principal permitted or accessory use, including changes of use within a permitted multiple use, e.g., a shopping center, and where no exterior alterations or additions are proposed, shall not require a formal application to the Planning Board if the Planning Board determines that the proposed change of use will not have any significant impact on, including, but not limited to, traffic volume, access, parking, circulation, noise, the need for landscaping or screening, environmental issues, or character of the neighborhood.
B. 
Violation of the above procedure or any provision or requirement of site plan approval shall be cause to deny or revoke a certificate of occupancy and shall be considered an offense and punishable by a fine of $250 for the first offense and $500 for any subsequent offense. Each day shall constitute a separate violation until the violation is corrected. In addition, the Building Inspector may require the violation to be corrected. This section will be enforced by the Building Inspector and subject to the jurisdiction of the Justice Court of the Village of Chester or the Orange County Supreme Court, as applicable.
A. 
Prior to the submission of an application for site plan approval to the Planning Board, the applicant shall arrange a meeting with the Planning Board to discuss in general terms the proposals to be made and to elicit from the Planning Board the applicable requirements of site plan approval concerning the application to be submitted.
B. 
Applications for site plan approval for permitted uses shall be submitted to the Planning Board, together with a fee in the amount required by Chapter 47 of the Code. The Planning Board shall act upon said application within 62 days from the time of receipt by said Board; provided, however, that if the Planning Board determines that a public hearing should be held on such site plan application, said hearing shall be held and decisions rendered in accordance with the provisions of Subsection C. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning Board on the application, after the holding of the public hearing, shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
[Amended 12-14-1987 by L.L. No. 2-1987; 2-6-1995 by L.L. No. 1-1995]
C. 
Site plans for special permitted uses shall be submitted to the Planning Board concurrently with applications for special permitted use permits and shall be considered to be a part of the application for a special permitted use. A public hearing on the application for a special permitted use and concurrent site plan approval shall be held by the Planning Board within 62 days from the day an application is made. Public notice of such hearing shall be published in the official newspaper of the Village at least five days prior to the date thereof. In addition to such published notice, the Planning Board shall cause notice to be given of the application, together with notice of the hearing thereon, by causing notices thereof to be mailed at least five days prior to the date of said hearing, to the owners of all property abutting that held by the applicant in the immediate area and all other owners within 300 feet or such additional distance as the Planning Board may deem advisable, as measured from the exterior boundaries of the land involved in such appeal or application, as the names of said owners appear on the last completed assessment roll of the Village. Such notice shall be by certified mail, return receipt requested, and the applicant shall furnish the Planning Board proof of compliance with the notification procedure. Any or all of the notices required by this section shall be issued by the Secretary of the Planning Board on order of the Planning Board. Provided that due notice shall have been published as provided herein and that there shall have been substantial compliance with the remaining provisions of this subsection, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Planning Board in connection with the approval of a site plan or special permit. The Planning Board shall act upon said application within 62 days after such public hearing.
[Amended 2-6-1995 by L.L. No. 1-1995; 8-12-2019 by L.L. No. 2-2019]
D. 
The time within which the Planning Board must act on applications may be extended by mutual consent of the applicant and the Planning Board.
E. 
After review of an application and the holding of a public hearing, if any, the Planning Board shall approve, approve with modifications or disapprove site plans, as necessary to carry out the provisions of this chapter.
F. 
Applications for site plan approval shall contain a description of all proposed uses and a site plan. The site plan shall contain the following information:
(1) 
Subject lots and all structures on adjacent properties within 100 feet of the lot lines of subject lots, plans and elevations of all proposed outdoor signs, floor plans and plans for exterior elevations of all existing and proposed structures and any other such building plans and elevations as the Planning Board may require.
(2) 
Locations of all existing and proposed structures and outdoor signs.
(3) 
Locations of all uses not requiring a structure.
(4) 
Location of driveways and parking and loading areas, with the number of stalls provided therein.
(5) 
Existing and proposed stormwater drainage facilities.
(6) 
Location of buffer strips and screening where required.
(7) 
Where the applicant wishes to develop his property in stages, a site plan indicating ultimate development shall be presented for approval.
(8) 
In the case of uses requiring approval of the New York State Department of Transportation, Orange County Health Department or the Orange County Department of Public Works, the approval of said Departments.
[Amended 2-6-1995 by L.L. No. 1-1995]
General requirements of site plan approval for all uses requiring site plan approval, which the Planning Board shall take into consideration in reviewing the plans for a particular use, are as follows:
A. 
Those related to parking, means of access, screening, signs, landscaping, location and dimensions of buildings, stormwater runoff and management, sanitary sewage disposal, water, fire and police access and safety and physical features meant to protect adjacent land uses.
B. 
Reservation of parkland on site plans containing residential units. Before the Planning Board may approve a site plan containing residential units, such site plan shall also show, when required by the Board, a park or parks suitably located for playground or other recreational purposes.
[Added 2-6-1995 by L.L. No. 4-1995]
(1) 
Land for park, playground or other recreational purposes may not be required until the authorized board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute.
(2) 
In the event that the Planning Board makes a finding pursuant to this subsection that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such site plan, the authorized board may require a sum of money in lieu thereof to be established by the Village Board of Trustees. In making such determination of suitability, the board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any moneys as so required by the Planning Board and Village Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
(3) 
Notwithstanding the foregoing provisions of this subsection, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
C. 
Application for area variance. Notwithstanding any provisions of law to the contrary, where a proposed site plan contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations.
D. 
Conditions attached to the approval of site plans. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village.
E. 
Waiver of conditions. The Planning Board, when reasonable, may waive any requirements for the approval, approval with modifications or disapproval of site plans submitted for approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event that any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan.
F. 
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.
[1]
Editor's Note: Former § 98-30, Renewal of approval, was repealed 12-14-1987 by L.L. No. 2-1987.
[Added 12-14-1987 by L.L. No. 2-1987]
Construction on the project must be started within six months from the date of site plan approval. Prior to the expiration of the six-month period, the applicant may petition the Planning Board for an extension of final approval of the site plan if, at the time of the petition, the site plan is in total compliance with all current zoning laws. An extension may be granted if the applicant proves to the satisfaction of the Planning Board that such extension is justified. Final site plan approval will be null and void if the applicant has not started construction within six months from the date of final site plan approval, unless the applicant has filed for an extension of time to start construction within six months of receiving final site plan approval.
[Added 12-14-1987 by L.L. No. 2-1987]
A reasonable anticipated completion date of the project shall be declared by the applicant at the time application for site plan approval is made. Such completion date shall be a condition of approval of the site plan. Final approval will be null and void and job progress shall cease if construction is not completed by this date. Prior to the completion date, the applicant may petition the Planning Board for an extension of time to complete the project. No extension will be granted unless the applicant proves to the satisfaction of the Planning Board that such extension is justified.