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.
A.
Such application shall be on a form provided by the Village
Clerk and shall set forth:
(1)
The name and address of the applicant;
(2)
The location of the land proposed to be developed;
(3)
The nature of the applicant's interest in the land,
together with copies of a deed establishing title to the site in fee simple
or a contract in which the applicant will acquire such title upon closing;
(4)
The density of land use to be allocated to various parts
of the site;
(5)
The location and size of any common open space;
(6)
The form of organization proposed to own and maintain
any common open space;
(7)
The use, height, bulk, location and general design of
buildings and other structures, interior lot lines, if any, the number of
dwelling units in each building and general floor plans for each dwelling
unit;
(8)
The names of the owners of the adjoining properties in
a radius of 500 feet from each property line of the clustered housing district;
(9)
The proposed provision for disposition of stormwater
and sanitary sewage;
(10)
The substance of any covenants, grants, easements or
any other restrictions proposed to be imposed upon the land or buildings,
including easements for public utilities;
(11)
The proposed provision for parking;
(12)
Locations and widths of proposed streets and ways;
(13)
Modifications from the existing laws and ordinances governing
streets or ways or land use being required;
(14)
The projected schedule for development and the approximate
times when final approvals would be requested; and
B.
The location of the proposed clustered residential development
shall be submitted on a preliminary plot plan prepared at a scale of not less
than 50 feet to the inch. In addition, the application shall include a preliminary
plot plan at a scale of not less than 50 feet to the inch showing the traditional
subdivision plot for a conventional subdivision conforming to all of the requirements
of the underlying zone.
A.
Upon receipt, the application shall, within 10 days,
be referred by the Village Clerk to the Village Planning Board for initial
review. The applicant shall present evidence to the Planning Board as to:
(1)
The objectives and purposes to be served.
(2)
Satisfactory application of planning and design standards.
(3)
The estimated cost of development and economic responsibility
and feasibility.
(4)
The projected schedule for development.
(5)
Conformity to the Comprehensive or Master Plan of the
village.
B.
To this end, factual evidence and expert opinion shall
be submitted by the applicant in the form of such necessary maps, charts,
plans, reports, models and other tangible materials, and in the form of testimony
by experts, such as professional planners, architects, engineers, lawyers,
realtors and economists, if requested by the Planning Board, so as to state
clearly and completely the full nature and extent of the proposal.
A.
Within 60 days of its receipt of the application, the
Planning Board shall:
B.
In recommending the granting or denial of tentative approval, the Planning Board shall set forth, in writing, findings as to why the site plan would or would not be in the public interest; in what respects the plan is or is not consistent with the declaration of zoning and subdivision regulations otherwise applicable to the subject property and the reasons why such departures are or are not deemed to be in the public interest; the manner in which the site plan does or does not make adequate provisions for public services, including adequate control of vehicular traffic; and whether the plans further the amenities of light and air protection and panoramic views, and recreational light and other environmental objectives. The Planning Board may, in recommending the granting of tentative approval, permit the applicant to develop said property in two phases, provided that each such section shall contain 50% of the entire approved plan. The Planning Board may also recommend additional conditions as it may deem necessary to ensure the orderly development of the entire parcel in accordance with this Part 1.
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.
A.
If the Board of Trustees grants tentative approval of
the plan, with or without conditions, there shall be set forth in the written
resolution the time within which an application for final approval of the
plan shall be filed or, in the case of a plan which provides for development
over a period of years, the periods of time within which applications for
final approval of each part thereof shall be filed. The tentative approval
shall be valid for a period not to exceed 12 months unless an application
for final approval shall have been filed within that period. Following tentative
approval of the site plan and prior to filing an application for final approval,
the applicant shall submit to the Planning Board for review the design development
documents as defined by the American Institute of Architects, consisting of
drawings and other documents sufficient to fix and describe the size and character
of the proposed project as to structural, mechanical and electrical systems,
material and such other essentials as the Planning Board may require.
B.
The application for final approval shall be made to the Board of Trustees and, upon receipt, shall be referred to the Planning Board for its final review. Such application shall include all necessary drawings, specifications and such covenants, easements, conditions, modifications and performance bonds as were required at the time of tentative approval. The application for final approval shall contain a certification by the applicant that the proposed development conforms to all of the provisions of this Part 1, Chapter 295, Zoning (except as modified by this Part 1), the Westchester County Health Department Regulations and Planning Department Regulations, and all other applicable laws, rules and requirements.
C.
Planning Board recommendations.
(1)
Within 60 days of referral of the application to the
Planning Board for final approval, the Planning Board shall:
(a)
Recommend the granting of final approval of the site
plan as submitted;
(b)
Recommend the granting of final approval subject to specific
modifications to the site plan as submitted; or
(c)
Recommend denial of final approval, but only in instances
in which the final plan is not in substantial compliance with the terms and
conditions of the tentative approval.
(2)
Said recommendations shall be in writing and shall clearly
set forth the findings upon which the Planning Board's decision was based.
D.
Within 60 days after the filing of the Planning Board's
report concerning final approval of said report and its recommendations, a
public hearing shall be held by the Board of Trustees to consider such a report
and recommendations.
E.
Upon final approval at or after such public hearing by
the Board of Trustees, the Building Inspector shall issue all necessary permits
in accordance therewith. Prior to such approval no permit of any kind for
construction shall be issued.
F.
In the event that the applicant fails to begin construction
within 12 months from the date of final approval by the Board of Trustees,
said approval shall be deemed null and void, unless said time period is extended
by the Board of Trustees upon good cause shown.
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.[1]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
[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.
