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.
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 the 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
(15) 
A statement of why the public interest would be served by the proposed development. Said statements shall be supported by a report setting forth the manner in which the proposed development would satisfy the objective stated in § 112-55 of this Part 2.
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) 
Objectives and purposes to be served.
(2) 
Satisfactory application of planning and design standards.
(3) 
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.
(6) 
Conformity to the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation Law Article 8.
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. The Planning Board may recommend to the Board of Trustees the imposition of additional review fees to be paid by the applicant to permit adequate review by consultants or experts for the Planning Board and in the interest of the village.
A. 
Within 60 days after its receipt of the application, the Planning Board shall hold a public hearing thereon. Within 60 days after the termination of such hearing, the Planning Board shall file a written report with the Board of Trustees, which report shall:
(1) 
Recommend the granting of tentative approval of the site plan as submitted;
(2) 
Recommend the granting of tentative approval, subject to specific conditions or modifications of the site plan as submitted; or
(3) 
Recommend denial of tentative approval of the site plan.
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 2.
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.
A. 
If the Board of Trustees grants tentative approval of the plan, with or without conditions and/or modifications, 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. 
In granting tentative approval or tentative approval with modifications and/or conditions, the Board of Trustees shall find that the site plan:
(1) 
Is consistent with the declaration of policy as stated in this Part 2;
(2) 
Makes adequate provision for light, air, circulation and separation between buildings or groups of buildings and for public services, including adequate control of vehicular traffic;
(3) 
Furthers the protection and enhancement of natural beauty, including the reasonable protection of views, and recreational and other environmental objectives; and
(4) 
Is in the public interest.
C. 
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 and specifications, such covenants, easements, conditions, modifications and performance bonds as were required at the time of tentative approval, and all information as is required for a site plan as defined in Article XII, Site Plan Approval, of Chapter 295, Zoning, in addition to the preceding requirements of this Part 2. The application for final approval shall contain a certification by the applicant that the proposed development conforms to all the provisions of this Part 2, Chapter 295, Zoning (except as modified by this Part 2), the Westchester County Health Department Regulations and Planning Department Regulations and all other applicable laws, rules and requirements.
D. 
Planning Board recommendations.
(1) 
Within 60 days after referral of the application to the Planning Board for final approval, the Planning Board shall hold a public hearing thereon in a manner as prescribed by law and in accordance with site plan review in Article XII, Site Plan Approval, of Chapter 295, Zoning.
(2) 
Recommendations.
(a) 
Within 60 days after the close of said hearing, the Planning Board shall file a report with the Board of Trustees, which report shall:
[1] 
Recommend the granting of final approval of the site plan submitted;
[2] 
Recommend the granting of final approval subject to specific conditions and/or modifications to the site plan as submitted; or
[3] 
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.
(b) 
Said recommendations shall be in writing and shall clearly set forth findings upon which the Planning Board's decision was based.
(3) 
Failure by the Planning Board to file such report with the Board of Trustees within the aforesaid time period shall be deemed to constitute a recommendation of final approval of the final site plan as submitted.
E. 
Action by Board of Trustees.
(1) 
Within 60 days after the filing of the Planning Board's report concerning final approval, the Board of Trustees shall:
(a) 
Grant final approval of the site plan as submitted;
(b) 
Grant final approval of the site plan subject to stated conditions and/or modifications; or
(c) 
Deny final approval of the site plan, but only if the final site plan is not in substantial compliance with the terms and conditions of the tentative approval.
(2) 
The granting of final approval, with or without conditions or modifications, shall be made on the same findings as those on which tentative approval was granted in § 112-93 hereof.
F. 
Upon final approval by the Board of Trustees and after submission of construction drawings in sufficient detail to assure compliance with Chapter 101, Building Construction, 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.
G. 
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 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.
A. 
In addition to the payments required under the preceding § 112-98, the following fees shall be payable by the applicant for the services of any and all village employees, consultants and/or independent contractors for the inspection of any one or more of the following:
(1) 
Drainage improvements, public and private.
(2) 
Roads, driveways and walks, public and private.
(3) 
Rough grading.
(4) 
Site lighting and basic landscaping.
(5) 
Water lines and sewer lines.
B. 
Such fees are to be in the sum to be determined by the Village Board by resolution and set in the fee schedule,[1] and shall be paid 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.
[Amended 9-21-1999 by L.L. No. 4-1999]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
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.[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.
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.