The municipal authority designated to act under this Part
1 shall be the Village Board of Trustees, except insofar as specific duties are designated herein as Planning Board responsibilities.
Six copies of the application for approval of a site plan for grouped or clustered housing shall be presented to the Village Clerk and shall be accompanied by a fee in the amount or amounts set forth in §§
112-51 and
112-52 hereof.
Within 60 days after the filing of the Planning Board's report
concerning tentative approval, a public hearing on said report and its recommendations
shall be held by the Board of Trustees.
In reviewing the application before it, the Board of Trustees shall
have all of the power of a Board of Architectural Review in determining the
suitability of the proposed design and material and shall have the right to
require that said design and materials used be modified so as to be more consistent
with and harmonious to the general surrounding community and its environment.
At any time following final approval of a site plan, including the issuance of permits for any part thereof, the applicant may petition for review in detail of the previously approved plan stating his reasons therefor. Such reasons may be based upon such considerations as, but not limited to, changing social or economic conditions, suggested improvements to layout or design features, or unforeseen difficulties or advantages, such as site conditions, state or federal projects or statutory changes, which may mutually affect the interests of the applicant and the village. The Board of Trustees, upon finding that such petition and reasons are valid, in its sole discretion, may reconsider the site plan as finally approved, but in such event shall follow in full all procedures and conditions above required for initial applications. Each such petition for review shall be accompanied by a filing fee in the amount or amounts set forth in §§
112-51 and
112-52 hereof.
As a condition of final approval, the applicant shall agree to install
all site improvements, and the Village Board of Trustees shall require the
posting of adequate performance guaranties to insure the installation of all
such improvements. Such performance guaranties shall be in an amount sufficient
to cover the cost of all such improvements, as estimated by the Planning Board,
and should include an agreed-upon date for the completion of said improvements
and shall be in a form satisfactory to the Village Attorney. Said performance
guaranties may be in the form of a performance bond which shall be issued
by a bonding or surety company approved by the Planning Board and should include
an agreed-upon date for the completion of said improvements. Said performance
guaranties may be for a period of time to be determined by the Planning Board.
The amount of the performance guaranties shall be reduced by the Planning
Board when portions of the required improvements have been completed.
In order to assure that the processing of any application submitted
hereunder progresses in accordance with the requirements of this article,
the Planning Board may retain independent architectural or engineering consultants
whose reasonable fees and expenses shall be paid by the applicant.
Contrary provisions of the Village Code notwithstanding, the Board of Trustees shall have the exclusive authority to grant variances in or modifications to the provisions and requirements of this Part
1, except that no variance shall be granted which will result in an increase in density or an increase in height.
[Amended 2-1-2005 by L.L. No. 2-2005]
Wherever a public hearing is required, the applicant shall give notice
to all property owners within a radius of 500 feet of each boundary line of
the parcel or parcels by certified mail, return receipt requested or any other
method of delivery providing proof of delivery, or by personal service (with
affidavit of service) not less than 15 days prior to the date of such public
hearing.
[Amended 9-21-1999 by L.L. No. 4-1999]
Each submission of a site plan pursuant to the provisions of this article
shall be accompanied by a properly completed application form in six copies
and a filing fee to be determined by the Village Board by resolution and set
in the fee schedule.
[Amended 9-21-1999 by L.L. No. 4-1999]
In any case where an applicant seeks a revision of or an amendment to
a site plan which has been approved, the revised or amended site plan shall
be accompanied by a properly completed application form and a filing fee to
be determined by the Village Board by resolution and set in the fee schedule.
[Amended 11-2-1981 by L.L. No. 9-1981]
At least 10 days prior to the date of any public hearing provided for in this Part
1, the applicant shall give written notice to all governmental units and agencies as may be required by law. Such units and agencies shall have the right to appear and be heard.
In addition, at least 10 days prior to any public hearing provided for in this Part
1, the applicant shall also give notice to the Westchester County Planning Board, which shall have the right to appear and be heard. If the County Planning Board disapproves the proposal on which the hearing is held or recommends changes or modifications thereof, the Board of Trustees shall not act contrary to such disapproval or recommendation except by adoption of a resolution by the Board of Trustees, which action shall be subject to judicial review pursuant to the laws providing for the review of acts of such municipal agencies, commenced within 30 days of its adoption, pursuant to Title D of the Westchester County Administrative Code, § 451.