This article shall be known and cited as the
"Village of Lake Success Site Plan Review Law."
In connection with its review of any site plan under this article, the Planning Board, in its discretion, may refer any site plan application to a planner for his review, comment and recommendations. The applicant shall be responsible for the planner's fees in accordance with Chapter A211, Art.
II, of the Village Code.
The Planning Board shall conduct a public hearing
with regard to every application for site plan review within 62 days
of the date the application is found to be complete by the Planning
Board.
The applicant shall mail notice (by registered
mail) of the public hearing to the owners of all properties contiguous
to the subject premises, and if the subject premises is adjacent to
a private road, to the owners of all other properties adjacent to
the private road, at least 10 days prior to such hearing, and the
Village shall cause notice of the public hearing to be published in
the official newspaper of the Village at least five days prior to
such hearing.
Any person aggrieved by a final site plan determination
by the Planning Board may apply to the Board of Zoning Appeals for
review of the decision. Such proceedings shall be instituted within
30 days after the filing of a decision in the office of the Village
Clerk.
Any requirement for the approval or approval
with modifications and/or conditions of site plan submitted for approval
may be waived by the Planning Board upon a finding that such requirement
is not in the interest of the public health, safety or general welfare,
or is inappropriate to a particular site plan.
The Planning Board may, consistent with this
article, adopt such further rules and regulations, after public hearing,
as it deems reasonably necessary to carry out the provisions of this
chapter.
Where a proposed site plan contains one or more
features which do not comply with the bulk and area requirements of
the Village Building Zone Ordinance, applications may be made directly
to the Board of Appeals for an area variance, based on plans which
the Board deems to be adequate for the purposes of the application
without first obtaining a final decision or determination by the Building
Department.
Unless otherwise indicated, all construction,
reconstruction, alterations, additions or improvements shall comply
with all other applicable ordinances, local laws, rules and regulations
of the Village and any other governmental entity.
For any and every violation of the provisions
of this article, the owner, general agent or contractor of a building
or premises where such violation has been committed or shall exist,
and the lessee or tenant of an entire building or entire premises
where such violation has been committed or shall exist, and the general
agent, architect, builder, contractor or any other person who knowingly
commits, takes part or assists in any such violation or who maintains
any building or premises in which such violation shall exist, shall
be liable for a fine not exceeding $1,000 or imprisonment for a period
not to exceed six months, or both, for conviction of a first offense;
for conviction of a second offense both of which were committed within
a period of five years, punishable by a fine of not less than $350
nor more than $700 or imprisonment for a period not to exceed six
months, or both; and upon conviction for a third or subsequent offense,
all of which were committed within a period of five years, punishable
by a fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. Such penalties shall
be collected as provided by law. Each week's continued violation shall
constitute a separate, additional violation.
[Amended 12-8-2003 by L.L. No. 3-2003]
Site plan approval shall automatically terminate
and expire two years after the resolution granting approval is filed
in the office of the Village Clerk, unless a building permit has been
issued thereon. The Planning Board, at its sole discretion, may grant
extensions up to one year each.