[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-25-1984 by L.L. No. 28-1984]
[Amended 12-12-2004 by L.L. No. 24-2004; 3-22-2005 by L.L. No. 5-2005; 7-12-2005 by L.L. No. 13-2005; 12-13-2005 by L.L. No. 22-2005; 12-12-2006 by L.L. No. 22-2006; 3-10-2009 by L.L. No. 1-2009; 2-23-2010 by L.L. No. 2-2010; 7-13-2010 by L.L. No.
6-2010; 12-11-2012 by L.L. No. 10-2012; 9-10-2013 by L.L. No.
6-2013; 1-28-2014 by L.L. No. 1-2014; 1-28-2014 by L.L. No.
2-2014; 9-9-2014 by L.L. No. 6-2014; 10-27-2020 by L.L. No. 9-2020]
A.
Designation of approval authority for site plan review.
(1)
Where any provision of this chapter requires site plan approval, the Board of Trustees shall be the designated approval authority for applications seeking approval in the following instances, except where the Planning Board is otherwise identified as the approval authority, as set forth in Subsection A(2) below:
(a)
On a parcel of four acres or more;
(b)
In connection with an application for a special use permit subject
to approval by the Board of Trustees; or
(c)
Any application related to fair and affordable housing, regardless
of acreage or number of units, including but not limited to any such
application made pursuant to any federal, state or local statute or
ordinance, judicial determination or as a result of a settlement of
a court proceeding regarding fair and affordable housing, including
but not limited to United States ex rel Anti-Discrimination Center
of Metro New York, Inc. v. Westchester County, New York. For the purposes
of this chapter, "fair and affordable housing" shall be defined as
any project, plan, or application that includes:
[1]
For-purchase housing units that are affordable to a household
whose income does not exceed 80% of the area median income (AMI) for
Westchester County as defined annually by the U.S. Department of Housing
and Urban Development (HUD) and the annual housing cost of a unit,
including common charges, principal, interest, taxes and insurance,
does not exceed 33% of 80% AMI, adjusted for family size; or
[2]
Rental units that are affordable to a household whose income
does not exceed 60% AMI and the annual housing cost of the unit, defined
as rent plus any tenant-paid utilities, does not exceed 30% of 60%
AMI adjusted for family size.
(2)
Where any provision of this chapter requires site plan approval,
the Planning Board shall be the designated approval authority for
applications seeking approval in the following instances:
(a)
On a parcel of less than four acres;
(b)
Changes of use in an existing shopping center, as defined in Chapter 250, entitled "Zoning," of the Code of the Village of Rye Brook, where the proposed change of use meets any of the following criteria:
[1]
Requires special use permit approval;
[2]
Includes an increase in the gross floor area of an existing
building(s) or a change in the footprint of the existing building(s)
on the lot;
[3]
Proposes hours of operation between 11:00 p.m. and 5:00 a.m.;
or
[4]
Requires a greater number of off-street parking spaces relative
to the existing use in accordance with said chapter based on a determination
by the Building Inspector;
(c)
Minor amendments to an approved site plan, such as a change
of less than 10% of the existing building footprint, increase of less
than 10% of the existing impervious surface coverage, modifications
to site lighting, pedestrian circulation patterns, landscape plans
or signage, or other similar minor amendments;
(d)
In connection with an application for a special permit subject
to approval by the Planning Board; or
(e)
All other instances where the Board of Trustees is not the approval
authority.
(3)
For the purposes of Sections A(1) and A(2) above, the designated
approval authority is hereby authorized to review and approve, approve
with modifications, or disapprove site plans. No building permit shall
be issued, no structure or use shall be established, no use shall
be changed to another use and no existing grades shall be altered
nor impervious surface placed without prior conformity to the site
plan approval procedures set forth in this chapter.
B.
Prior to the issuance of a building permit or any other required
permits or approvals, a site plan shall be submitted for review and
approval by the designated approval authority for any one of the following
land use activities:
(1)
Any new construction or teardown, as such terms are defined in § 250-2 of the Zoning Code, of any building, not including one- and two-family dwellings. The new construction or teardown of a one- or two-family dwelling may require site plan review at the discretion of the Building Inspector or Superintendent of Public Works/Village Engineer pursuant to § 209-1C.
(2)
Exterior alterations or major expansions performed to an existing building which result in an increase of 50% or more of the gross floor area of the existing building. An addition, exterior alteration or major expansion which results in an increase of 50% or more of the gross floor area of an existing building, shall not be segmented by the applicant into two or more applications, each of which would not independently result in an increase of 50% or more of the gross floor area of the existing building, but when taken together would exceed such threshold. This Subsection B(2) shall not apply to any addition, exterior alteration or major expansion to an existing one- or two- family dwelling which does not require any variances as a result of the exterior alteration or major expansion, however, such additions, exterior alterations or major expansions may require site plan review at the discretion of the Building Inspector or Superintendent of Public Works/Village Engineer pursuant to § 209-1C.
(a)
Any application for an addition, exterior alteration or major
expansion submitted less than 18 months after the issuance of one
or more building permits for another addition, exterior alteration
or major expansion by the same property owner(s), which when taken
together would result in an increase of 50% or more of the gross floor
area of the building existing at the time of the initial application,
shall be subject to site plan review. Site plan review shall include
all additions, exterior alterations or major expansions for which
a building permit was sought by the same property owner(s) within
18 months of the current application, but any denial of a site plan
application shall not be construed to preclude or require the removal
of an addition, exterior alteration or major expansion for which a
building permit has been duly issued.
(3)
Any change(s) of use from residential to nonresidential, or vice versa, or a change in an existing use that will affect the characteristics of the site in terms of traffic, access, parking, loading, circulation, hours of operation, drainage, utilities, lighting, security or other Village services, except as set forth below at § 209-1E and except for a change to a one- or two-family dwelling. This provision shall not apply to Tier I home occupations.
(4)
All proposed subdivisions of land.
(5)
Activities requiring certain permits.
(a)
Any activity that will require the following permits:
[1]
A site development permit in accordance with the requirements of Chapter 118, entitled "Erosion and Sediment Control," of the Code of the Village of Rye Brook; or
[2]
A flood damage prevention development permit in accordance with the requirements of Chapter 130, entitled "Flood Damage Prevention," of the Code of the Village of Rye Brook; or
(b)
This provision shall not apply to administrative permits issued
by the Superintendent of Public Works/Village Engineer.
(6)
Any activity that will require a special use permit, in accordance with the requirements of Chapter 250, entitled "Zoning," of the Code of the Village of Rye Brook.
(7)
Any amendment of a previously approved site plan on a nonresidential property, except as set forth below at § 209-1E.
(8)
Any amendment of a previously approved site plan on a residential property, other than minor modifications as set forth in § 209-1D of this chapter, which previously approved site plan either does not yet have a final certificate of occupancy or the amendment thereof is within one year of issuance of such final certificate of occupancy.
(9)
Any disturbance of land that would result in a change of elevation
greater than one foot across an area of 400 square feet or more or
a change in the slope of the lot greater than 10% and that is within
the front yard or within 15 feet of the rear or side property lines.
C.
The following types of activities may be subject to site plan review
where the activity may cause adverse impacts to traffic access or
circulation, neighborhood aesthetics, public health, viewsheds, drainage,
stormwater runoff, steep slopes, wetlands or other existing natural
features. Upon review of the submitted application materials, the
Building Inspector or Superintendent of Public Works/Village Engineer
may, in his/her discretion, consult with the Planning Board Chair
on any activity which may cause adverse impacts to determine whether
such activity shall be subject to site plan review:
(1)
Any activity that will require a demolition permit in accordance with the requirements of Chapter 107, entitled "Demolition of Buildings and Structures," of the Code of the Village of Rye Brook.
(2)
Any activity that will require a blasting permit in accordance with the requirements of Chapter 87, entitled "Blasting and Explosives," of the Code of the Village of Rye Brook.
(3)
All permitted uses, accessory uses, additions to or alterations to
or major expansions of existing permitted uses or accessory uses within
the Scenic Roads Overlay District.
(4)
Any new construction or teardown, as such terms are defined in § 250-2 of the Zoning Code, of any one- or two-family dwellings.
(5)
Exterior alterations or major expansions performed to an existing
one- or two-family dwelling which results in an increase of 50% or
more of the gross floor area of the existing dwelling.
D.
Minor modifications. During construction, the Village Building Inspector
or Superintendent of Public Works/Village Engineer may authorize,
upon the written request of the applicant, minor changes to the approved
site plan. Such minor modifications shall be consistent with the design
and intent of the approved site plan. The architect or engineer of
record shall submit the approved change(s) on a set of as-built plans,
which plans shall be maintained in the permanent file of the Building
Department.
E.
Exceptions. Prior to the issuance of a building permit or any other
required permits or approvals, site plan review shall not be required
for the following activities:
(1)
The construction, addition, exterior alteration or major expansion
of any one- or two-family dwelling, except where otherwise required
in this section.
(2)
Changes of use in an existing shopping center, as defined in Chapter 250, entitled "Zoning," of the Code of the Village of Rye Brook, where the proposed change of use meets the following criteria:
(a)
Does not require a variance or special permit approval;
(b)
Does not include an increase in the gross floor area of an existing
building(s) or a change in the footprint of an existing building(s)
except for minor additions or alterations to an existing building(s)
such as vestibules of no more than 40 square feet, an expansion of
an existing loading dock, breezeways, or other similar minor additions
or alterations;
(c)
Does not propose hours of operation between 11:00 p.m. and 5:00
a.m.; and
(d)
Does not require a greater number of off-street parking spaces
relative to the existing use in accordance with said chapter based
on a determination by the Building Inspector.
(3)
The construction, installation or alteration of site elements that
do not involve changes to the vehicular or pedestrian circulation
plan or the site lighting plan of such an existing shopping center.
[Amended 1-14-2003 by L.L. No. 2-2003; 3-22-2005 by L.L. No.
5-2005; 10-28-2014 by L.L. No. 9-2014; 10-27-2020 by L.L. No. 9-2020]
A.
Application information; statement and sketch. An application for
site plan approval shall be made, in writing, to the designated approval
authority and shall be accompanied by a fee, as determined in the
License and Permit Fee Schedule on file in the Village Clerk's
office, and a statement and sketch showing the approximate location
and dimensions of principal and accessory structures proposed for
the area, parking areas, signs and other pertinent information, such
as topography, drainage and other existing and proposed features and
conditions. The sketch shall include a map of the area at a convenient
scale which clearly shows the location of the site in respect to nearby
streets, rights-of-way, properties, easements and other existing and
proposed pertinent features, such as site topography and drainage.
The applicant shall also provide a current valid survey of the property
and such other information as the designated approval authority may
require. All application materials shall be submitted in electronic
file format acceptable to the Building Department in addition to at
least eight paper copies, or such other format or amount as determined
by the Building Department. The Building Department may waive the
electronic submission requirement only in extraordinary cases of technical
infeasibility.
B.
Construction management plan. Any residential or commercial construction
project that is subject to the site plan review and approval of the
Planning Board or the Village Board of Trustees, shall be required
to prepare a Construction Management Plan (CMP), unless the Planning
Board or Village Board of Trustees, as applicable, waives the CMP
requirement. The CMP shall be submitted as part of the application
for site plan approval and shall be subject to the review and approval
by the Building Inspector and the Superintendent of Public Works/Village
Engineer, prior to the issuance of any permit for the project.
(1)
The CMP shall include the following information:
(a)
Schedule: The applicant shall provide a project schedule.
(b)
Job site, facilities and storage: The CMP shall include the
location on the project site of all loading/unloading areas, job box
and material storage areas, portable toilet(s), dumpsters and on-site
temporary power, any protective fencing around the job site, any trees
and vegetation to be preserved and any trees and vegetation to be
removed. These and any other construction-related facilities shall
not be located in the public right-of-way without the prior approval
of the Building Inspector.
(c)
Traffic control plan. The traffic control plan shall identify
the path of travel for delivery trucks and emergency vehicles to and
from the project site. In addition, all on- and off-site worker parking
locations shall be identified, including any carpool pickup and dropoff
locations.
(d)
Staging areas. The CMP shall specify construction staging area
locations. The CMP shall also address delivery and construction vehicle
staging for the duration of the project. The staging plan shall estimate
the number of truckloads, number of heavy equipment deliveries, etc.,
expected and their timing and duration for each stage of the project.
[Amended 12-12-2004 by L.L. No. 24-2004; 3-22-2005 by L.L. No. 5-2005]
Where the Board of Trustees is the designated
approval authority, it may refer the site plan to the Village Planning
Board for review and recommendation. In that event and where the Planning
Board is the designated approval authority, the Planning Board may
conduct the following activities and require the following procedures
by the applicant. A sketch plan conference may be held between the
Planning Board and the applicant to enable the applicant to prepare
a detailed site plan. Thereafter, a preliminary site plan shall be
submitted to the Planning Board for its review. The preliminary site
plan shall he accompanied by the following:
A.
A statement and site drawing showing the location
and dimensions of principal and accessory structures, parking areas,
signs (with descriptions), existing and proposed vegetation and other
planned features; anticipated changes in the existing topography and
natural features; and, where applicable, measures and features to
comply with flood hazard and flood insurance regulations and other
environmental matters.
B.
A sketch map of the area which clearly shows the location
of the site with respect to nearby streets, rights-of-way, properties,
easements and other pertinent features.
C.
Site plan checklist:
(1)
Legal data.
(a)
Section, block and lot numbers of the property
taken from the latest tax records along with a copy of the most recent
property card on file with the Town of Rye Tax Assessor's office.
(b)
Title of the drawing, including the name and
address of the applicant and person responsible for preparation of
such drawing and the date, and date of revision, if any.
(c)
North arrow, scale and location map drawn to
a scale of not less than one inch equals 1,000 feet.
(d)
Survey map accurately reflecting existing conditions
and defining precisely the boundaries of the property, setbacks of
all structures, location of easements and such other information as
required by the Building Inspector or Superintendent of Public Works/Village
Engineer, which may include but is not limited to a topographical
survey. Such survey shall be certified by a New York State licensed
land surveyor no more than one year prior to the date of the application.
[Amended 4-14-2009 by L.L. No. 2-2009; 10-27-2020 by L.L. No.
9-2020]
(e)
The locations, names, and existing widths of
adjacent streets, including curblines.
(f)
The location and owners of all adjoining lands
as shown on the latest tax records.
(g)
Copies of:
[Amended 4-14-2009 by L.L. No. 2-2009]
[1]
The deed to the property;
[2]
All easements; and
[3]
All existing and proposed deed restrictions
or covenants applying to the property, including, but not limited
to, covenants and agreements restricting the use and establishing
future ownership and maintenance responsibilities for all private
roads, recreation, and open space areas.
(h)
Existing zoning.
(i)
Any prior land use approvals with respect to
the subject property.
(j)
Any other legal agreements, documents or information
required by the Planning Board or Board of Trustees.
(2)
Natural features.
(a)
The location of all existing watercourses, intermittent streams, wetland areas and springs, consistent with the definitions set forth in Chapter 245, Wetlands and Watercourses, of the Code of the Village of Rye Brook.
(b)
Topographic data at a minimum contour interval
of two feet, showing existing and proposed contours on the property
and a minimum of 25 feet into all adjacent properties.
(c)
Approximate boundaries of any areas subject to flooding or stormwater overflows, including areas of special flood hazard and coastal high-hazard areas, consistent with the definitions set forth in Chapter 130, Flood Damage Prevention, of the Code of the Village of Rye Brook.
(d)
Rock outcroppings and areas of steep slope consistent with the definitions set forth in Chapter 213, Steep Slope Protection, of the Code of the Village of Rye Brook.
(e)
The location and characteristics of the different areas of vegetation, including the identification of all individual trees 12 or more inches in diameter at breast height ("DBH"), protected trees of any size, as well as stands of trees and wooded areas, within areas of proposed disturbance, consistent with the provisions of Chapter 235, Trees, of the Code of the Village of Rye Brook.
(f)
Aquifers.
(3)
Existing structures and utilities.
(a)
Location of all buildings and structures on
the premises and approximate location of all neighboring buildings
or structures within 100 feet of the lot line.
(b)
Location of all existing public and private
roads, paved areas and sidewalks.
(c)
Locations, dimensions, grades and flow direction
of existing sewers, culverts, waterlines as well as other underground
utilities within and adjacent to the property.
(d)
Other existing site improvements, including,
but not limited to, fences, landscape walls, retaining walls, landscaping
and screening.
(4)
Proposed development.
(a)
Grading and drainage plan, showing existing
and proposed contours, new grades indicating clearly how such grades
will meet existing grades of adjacent properties or the street and
calculations of expected storm drain loads to be accommodated by the
proposed drainage system.
(b)
Location, design, type of construction, proposed
use and exterior dimensions, including length, width, ground floor
elevation and height, of all buildings.
(c)
Location, design and type of construction of
all parking and truck loading areas, showing access and egress.
(d)
Provision for pedestrian access.
(e)
Location, size and proposed screening of outdoor
storage areas, if any.
(f)
Location, design and construction material of
all existing or proposed site improvements, including drains, culverts,
retaining walls, landscape walls and fences.
(g)
Description of the method of sewage disposal
and storm drainage location, design and construction material of such
facilities.
(h)
Description of the method of securing public
water and location, design and construction material of such facilities.
(i)
Location of fire and other emergency zones,
including the location of fire hydrants.
(j)
Location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy.
(k)
Location, size, wording, design, color, illumination
and type of construction of all proposed signs.
(l)
Location and proposed development of all buffer
areas, including existing vegetative cover.
(m)
Location, type, design, shielding and hours
of operation of outdoor lighting facilities.
(n)
Identification of the location and amount of
building area proposed for retail sales or similar commercial activity.
(o)
Landscape plan with a plant schedule that includes
the common name, scientific name, height and/or spread, nursery condition,
and quantities of all plant material proposed and specifications and
details for plant installation and postplanting maintenance.
(p)
Estimate of earthwork showing the quantity of
any material to be imported to and/or removed from the site.
(q)
Description of measures planned to assure proper erosion and sedimentation control in accordance with the requirements of Chapter 118 entitled "Erosion and Sediment Control," of the Code of the Village of Rye Brook.
(r)
An estimated project construction schedule.
(s)
Record of application for and approval status
of all necessary permits from state and county officials and local
utility companies.
(t)
Identification of any federal, state or county
permits required for the project's execution, including project referrals,
if any, and environmental review procedures mandated by Article 8,
Environmental Quality Review, of the Environmental Conservation Law
(SEQRA).
(u)
The outlines of any proposed easements, deed
restrictions or covenants.
(v)
For a change of use in an existing shopping center, as defined in Chapter 250, entitled "Zoning," of the Code of the Village of Rye Brook, a parking study shall be provided which is based on recent parking utilization counts conducted for the shopping center or, if necessary, new counts for the appropriate times related to the proposed use within the shopping center. Typically, this would include a weekday midday period from 11:00 a.m. to 2:00 p.m., a weekday afternoon period from 4:00 p.m. to 6:00 p.m., and a Saturday midday period from 10:00 a.m. to 2:00 p.m., at a minimum. The proposed use’s parking demand is to be added to the existing condition, based on said counts, to determine if adequate parking is available.
[Added 1-28-2014 by L.L. No. 2-2014]
(w)
For a change of use in an existing shopping center, as defined in Chapter 250, entitled "Zoning," of the Code of the Village of Rye Brook, a limited traffic study shall be provided to evaluate the potential increase in site traffic at each of the shopping center driveways and, as necessary, at the signalized intersection of South Ridge Street and Bowman Avenue. The time periods shall include, at a minimum, the weekday lunchtime, weekday afternoon and Saturday midday peak hours. This study will include recent or new traffic counts and a capacity analysis of existing and future conditions to determine potential impact. The study shall follow all applicable standards of the New York State Department of Transportation.
[Added 1-28-2014 by L.L. No. 2-2014]
(5)
Other elements integral to the proposed development
as deemed necessary by the Board of Trustees or Planning Board.
D.
Stormwater management. A stormwater management plan or a (SWPPP) stormwater pollution prevention plan consistent with the requirements of Chapter 217 of the Village Code shall be required for site plan approval. The stormwater management plan or the SWPPP shall meet the performance and design criteria and standards of Chapter 217.[1] The approved site plan shall be consistent with the provisions of Chapter 217.
[Added 8-8-2006 by L.L. No. 14-2006[2]]
E.
Waiver. Upon finding by the Building Inspector, Superintendent
of Public Works/Village Engineer, Planning Board or Board of Trustees
approval authority, based upon a recommendation by the Building Inspector
or Superintendent of Public Works/Village Engineer that, due to the
particular character or limited nature of development or change in
use or to special conditions peculiar to a site, the submission of
a final site plan, or certain portions of information normally required
as part of the site development plan, is inappropriate or unnecessary
or that strict compliance with said submission requirements will cause
extraordinary and unnecessary hardship, such official or Board approval
authority may waive such submission requirements wherever, in the
opinion of such official or Board approval authority, such waiver
will be consistent with the goal of promoting the public health, safety
and general welfare of the community. The findings for granting such
waiver shall become a part of the public record.
[Amended 4-14-2009 by L.L. No. 3-2009; 10-27-2020 by L.L. No.
9-2020]
F.
Required
affordable housing component.
[Added 12-13-2011 by L.L. No. 8-2011]
(1)
AFFH Units, as defined in § 250-26.1D, shall be provided as set forth in the table below when the new construction of a minimum of 11 dwelling units is proposed in a site development plan application.
|
Number of Proposed Dwelling Units
|
Required AFFH Units
| |
|---|---|---|
|
11 to 20
|
1
| |
|
21 to 30
|
2
| |
|
31 to 40
|
3
| |
|
41 to 50
|
4
| |
|
Continuing in like increments
|
1 additional AFFH Unit shall be required for each additional
increment of 10 dwelling units or part thereof
|
(2)
The
requirement to provide AFFH Units, as set forth above, shall not apply
to the following:
(a)
Site development plan applications submitted prior to the effective
date of this provision.
(b)
Site development plans approved prior to the effective date of this
provision, including any amendments to the approved site development
plan, whether such amendments are submitted prior to or after the
effective date of this provision.
(c)
Site development plans proposed in the following districts: OB-1,
OB-2, OB-3, OB-S, C1-P, C-1 and H-1.
(3)
The requirements set forth at § 250-26.1F(3)(d) through and including 250-26.1M shall apply to any site development plan with AFFH Units.
The Planning Board's review of the site plan
shall include, as the Planning Board deems appropriate, but shall
not be limited to the following general considerations:
A.
Location, arrangement, size and general site compatibility
of buildings, lighting and signs.
B.
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, pavement surfaces,
dividers and traffic controls.
C.
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
D.
Adequacy and arrangement of pedestrian traffic access
and circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience.
E.
Adequacy of stormwater and drainage facilities.
F.
Adequacy of water supply and sewage disposal facilities.
G.
Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or noise buffer between
the applicant's and adjoining lands, including the maximum retention
of existing vegetation.
H.
Adequacy of fire lanes and other emergency zones and
the provision of fire hydrants.
I.
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
J.
Consultation with Village, county, state and federal
officials and other public and private consultants as deemed appropriate.
[Amended 1-14-2003 by L.L. No. 1-2003; 3-22-2005 by L.L. No.
5-2005; 1-28-2014 by L.L. No. 2-2014]
A.
Within 60 days of the receipt of a complete application for site plan approval the approval authority shall conduct a public hearing, except that the approval authority may waive the requirement for a public hearing on an application for site plan approval submitted pursuant to § 209-1B(3) or (8) where the application is not expected to result in visual, noise, traffic or other adverse impacts to adjacent properties or the surrounding neighborhood.
B.
The time for the opening of the public hearing may be extended by mutual consent of the applicant and the approval authority. At the public hearing, the approval authority shall hear all comments of citizens who are interested. Such hearing may be held concurrently with any environmental hearing held pursuant to SEQRA requirements noted in § 209-3C(4)(t) hereof.
[Amended 1-14-2003 by L.L. No. 2-2003; 3-22-2005 by L.L. No.
5-2005]
In order to provide adequate notice to neighboring property owners and others affected by site plan applications within the Village of Rye Brook, all applicants shall be subject to the public notification requirements set forth in § 250-40 of the Zoning Code of the Village of Rye Brook.
[Amended 3-22-2005 by L.L. No. 5-2005]
A.
The approval authority shall decide whether to approve, modify, or deny the application for site plan approval based upon the factors listed in § 209-4A through J hereof. Upon completion of the SEQR process noted in § 209-3C(4)(t) hereof, the approval authority may approve, approve with modifications or disapprove the site plan. Such decision as to approval, disapproval or conditional approval shall be made within 62 days after the close of the public hearing, or within 62 days after receipt of a complete application if the public hearing is waived by the approval authority pursuant to § 209-5A. The time within which a decision must be rendered may be extended by mutual consent of the applicant and the approving authority. The decision shall be filed in the office of the Village Clerk within five days after such decision is rendered, and a copy of the decision shall be mailed to the applicant.
[Amended 1-28-2014 by L.L. No. 2-2014]
B.
Upon approval of the site plan, with or without modifications,
and payment by the applicant of all fees and reimbursable costs due
to the Village, the approval authority shall endorse its approval
on a copy of the final site plan and shall forward a copy to the applicant
and the Building Inspector and file same with the Village Clerk.
C.
Upon disapproval of a site plan, the approval authority
shall so inform the Building Inspector. The approval authority shall
also notify the applicant in writing of its decision and its reasons
for disapproval. Such disapproval shall be filed with the Village
Clerk.
[Amended 12-15-1992 by L.L. No. 2-1992; 8-26-2003 by L.L. No. 13-2003; 3-22-2005 by L.L. No. 5-2005]
Costs incurred by the approval authority for
consultation fees, legal fees, traffic and planning studies and environmental
review pursuant to SEQR or other expenses in connection with the review
of a proposed site plan shall be charged to the applicant, in an amount
to be determined by resolution of the approval authority. The approval
authority may, by resolution, require that an amount sufficient to
pay said costs be deposited with the Village. The applicant shall
also pay to the Village the cost of publication of the notice of public
hearing. Upon the failure of the applicant to pay such costs, the
Director of Public Works shall certify the costs to the Assessors
of the Village, and thereupon such costs shall become and be a lien
upon the land involved and shall be added to and become a part of
the taxes next to be assessed and levied upon such land and shall
bear interest at the same rate as, and be collected and enforced in
the same manner as, taxes. The provisions of this section with respect
to costs shall be in addition to any penalty imposed by this Code
for violation of or noncompliance with the provisions of this chapter.
The approval authority may suspend its review of an application for
failure to pay costs.
[Amended 3-22-2005 by L.L. No. 5-2005; 10-27-2020 by L.L. No.
9-2020]
No certificate of occupancy shall be issued
until all improvements shown on the site plan are installed or, at
the discretion of the approval authority, a sufficient performance
guaranty has been posted for improvements not yet completed. The sufficiency
of such performance guaranty shall be determined by the approval authority
after consultation(s) with the Building Inspector, Superintendent
of Public Works/Village Engineer, Village Attorney and other appropriate
parties.
The Building Inspector shall be responsible
for the overall inspection of site improvements, including coordination
with the Board of Trustees, the Planning Board and other officials
and agencies as appropriate.
[Amended 3-22-2005 by L.L. No. 5-2005; 9-9-2014 by L.L. No.
6-2014]
Whenever the particular circumstances of proposed
development require compliance with SEQR provisions or with the special
permit procedure in the Zoning Law[1] or other requirements of the Village Law or other mandatory
requirements, the approval authority shall attempt to integrate, as
appropriate, site plan review as required by this chapter with the
procedural and submission requirements for such other compliance.
Joint meetings of the Board of Trustees and Planning Board are encouraged
for the purpose of early identification of planning issues and/or
potential significant environmental impacts, particularly where the
Planning Board serves in an advisory capacity to the Board of Trustees
as the approval authority.
This article shall supersede conflicting provisions
in the Zoning Law.
[Adopted 10-27-1987 by L.L. No. 12-1987]
The purpose of this article is to establish
a policy regarding recreation fees for site plan development.
[Amended 3-22-2005 by L.L. No. 5-2005; 1-24-2017 by L.L. No. 1-2017]
Before the approval authority grants final site
plan approval, such site plan of a proposed development shall also
show, in a proper case and when required by the approval authority,
a park or parks suitably located and usable for passive or active
recreational purposes.
A.
If the approval authority determines that a suitable
park or parks of adequate size cannot be properly located on any such
site or are otherwise not practical, the Board may require, as a condition
to final approval of any such site plan, a payment in a sum as set
forth in the current License and Fee Schedule on file in the Village
Clerk's office.
[Amended 8-26-2003 by L.L. No. 13-2003; 3-22-2005 by L.L. No. 5-2005; 1-24-2017 by L.L. No. 1-2017]
B.
Said sum shall be deposited in a trust fund to be
used by the Board of Trustees exclusively for neighborhood park, playground
or recreational purposes, including but not limited to the acquisition
of land.
C.
However, said fee shall not be required if, at the
time of subdivision approval, land has been dedicated to the Village
for park or recreational purposes or a fee has been imposed to be
used for park and recreational purposes.
D.
To the extent that the provisions of §§ 209-14 and 209-15 are deemed inconsistent with § 7-725-a, Subdivision 6, of the Village Law, it is the intent of §§ 209-14 and 209-15 to supersede such section of the Village Law pursuant to the supersession authority conferred by § 10(1)(ii)e(3) of the Municipal Home Rule Law. The provisions of §§ 209-14 and 209-15 are intended to provide additional authority for the imposition of recreation fees and shall not be construed as removing or limiting authority that may otherwise exist.
[Added 3-22-2005 by L.L. No. 5-2005]
