The municipal authority designated to act under this Part 2 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 §§
112-102 and
112-103 hereof.
Within 60 days after the filing of the Planning Board's report,
a public hearing on said report and its recommendations shall be held by the
Board of Trustees. Within 60 days after the close of said hearing, the Village
Board shall:
A. Grant tentative approval of the site plan as submitted;
B. Grant tentative approval of the site plan subject to
stated modifications and/or conditions; or
C. Deny tentative approval of the site plan.
In reviewing the application before it, the Board of Trustees shall
request the Board of Architectural Review to submit its opinions on the suitability
of the proposed design and material. The Board of Trustees 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 that may mutually affect the interests of the applicant and the village, such as site conditions, state or federal projects or statutory changes. 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 §§
112-102 and
112-103 hereof.
As a condition of final approval, the applicant shall agree to install
all site improvements, and the 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 Board of Trustees,
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 Board of Trustees 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
Board of Trustees. The amount of the performance guaranties shall be reduced
by the Board of Trustees when portions of the required improvements have been
completed.
In order to assure that the processing of any applications submitted
hereunder progresses in accordance with the requirements of this article,
the Board of Trustees and/or the Planning Board may retain independent architectural,
engineering or other consultants, whose reasonable fees and expenses shall
be paid by the applicant. An estimated sum to cover the reasonable cost of
such consulting services shall be established in a special escrow account
identified as such and from which vouchers identifying the consultants'
review work may be paid. Said escrow fund shall be kept current monthly by
the applicant as it becomes depleted. Such payments shall be made prior to
and as a condition of the issuance of any building permit after the billing
of such fees and expenses, and if no such building permit is required after
such billing, then prior to and as a condition of the issuance of any certificate
of occupancy.
Contrary provisions of the Village Code or Chapter
295, Zoning, notwithstanding, the Board of Trustees shall have the exclusive authority to grant variances in or modifications to the provisions and requirements of this Part
2, 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.
At least 10 days prior to the date of any public hearing provided for
in this Part 2, 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.