[Amended 10-27-2020 by L.L. No. 9-2020]
The applicant may be required to file with the
Village of Rye Brook a performance bond or bonds, letter of credit,
or other improvement security satisfactory to the Village Attorney
in an amount deemed sufficient by the Superintendent of Public Works/Village
Engineer to cover all costs of improvements, landscaping and maintenance
of improvements, for such period as specified by the Superintendent
of Public Works/Village Engineer.
Each application for a site development permit
shall be reviewed and acted upon according to the following procedures:
A. Review. The Superintendent of Public Works/Village
Engineer will review each application for a site development permit
to determine its conformance with the provisions of this chapter.
The Superintendent of Public Works/Village Engineer may refer any
application to Village consultants, the Westchester County Soil and
Water Conservation District and/or any other local government or public
agency within whose jurisdiction the site is located, for review and
comment. Upon completion of review of an application, the Superintendent
of Public Works/Village Engineer shall, in writing:
[Amended 10-27-2020 by L.L. No. 9-2020]
(1) Approve the permit application if it is found to be
in conformance with the provisions of this chapter, and issue the
permit;
(2) Approve the permit application subject to such reasonable
conditions as may be necessary to secure the objectives of this chapter,
and issue the permit subject to these conditions; or
(3) Disapprove the permit application, indicating the
deficiencies and the procedure for submitting a revised application
and/or submission.
B. Issuance of permit. No site development permit shall
be issued for an intended development site unless:
(1) The development has been approved by the Superintendent
of Public Works/Village Engineer where applicable; or
[Amended 10-27-2020 by L.L. No. 9-2020]
(2) Such permit is accompanied by or combined with a valid
building permit, and a steep slope work permit for areas in excess
of fifteen-percent slope, issued by the Village of Rye Brook; or
(3) The proposed earth moving is coordinated with any
overall development program previously approved by the Village of
Rye Brook for the area in which the site is situated.
[Amended 10-27-2020 by L.L. No. 9-2020]
The applicant, or any person or agency which received notice of the filing of the application, may appeal the decision of the Superintendent of Public Works/Village Engineer as provided in §
118-10A to the Village Board of Trustees. Upon receipt of an appeal, the Board of Trustees shall schedule and hold a public hearing, after giving 15 days' notice thereof. The Board of Trustees shall render a decision within 30 days after the close of the hearing. Factors to be considered shall include, but not be limited to, the effects of the proposed development activities on the surface water flow to tributaries and downstream lands; any comprehensive watershed management plans, or the use of any retention facilities; possible saturation of fill and unsupported cuts by water, both natural and domestic; runoff surface waters that produce erosion and silting of drainageways; nature and type of soil or rock which, when disturbed by the proposed development activities, may create earth movement and produce slopes that cannot be landscaped; and excessive and unnecessary scarring of the natural landscape through grading or removal of vegetation.
Plans, specifications, and reports of all site
developments shall be retained by the Village in accordance with its
document retention policy.