[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.
[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.
[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.