[Added 2-27-1989 by L.L. No. 3-1989]
[Amended 7-10-1989 by L.L. No. 6-1989; 8-6-1990 by L.L. No. 13-1990; 10-5-2005 by L.L. No. 9-2005; 5-18-2009 by L.L. No. 2-2009]
Site development plan approval by the Planning
Board shall be required for:
A.
The erection of any building.
[Amended 4-7-2014 by L.L. No. 9-2014]
(1)
The erection of any building, as defined in § 224-3, including on any lot that has received limited site development plan approval, except for:
[Amended 11-3-2014 by L.L. No. 15-2014; 5-13-2021 by L.L. No. 2-2021]
(a)
A fence or retaining wall projecting above the ground not more than three feet at the higher ground level and not more than 6 1/2 feet at the lower ground level, except that site development plan approval shall not be required for a deer exclusion fence meeting the requirements of § 224-11B(8) or § 224-19B(4).
(b)
An air-conditioning unit or generator, provided such equipment
fits within the setback, height, and coverage requirements of this
chapter.
(d)
Roof-mounted solar energy equipment.
[Added 5-15-2023 by L.L. No. 1-2023]
B.
Any proposal
involving the tear-down of an existing building or structure.
C.
All subdivisions
that would result in the existence of any additional lots.
[Amended 5-13-2021 by L.L. No. 2-2021]
D.
The alteration of any building in any manner which would result in an increase in FAR as described in Article XXII of this chapter, or in an increase in the cubic area of the space enclosed by the roof and exterior elevations of such building or in the enlargement or relocation of all or any part of an unenclosed structure, including but not limited to a deck or porch, affixed to the exterior of any building, or in the addition of any such unenclosed structure.
[Amended 4-7-2014 by L.L. No. 9-2014]
E.
The alteration
of any building in such a way as to create an additional dwelling
unit.[1]
[Added 12-19-2011 by L.L. No. 9-2011]
[1]
Editor's Note: Former Subsection F, listing the construction
or alteration of driveways and parking spaces, added 2-20-2013 by
L.L. No. 5-2013, was repealed 4-7-2014 by L.L. No. 9-2014.
F.
The conversion of any building or part of a building to a parking structure permitted by § 224-36A(20).
[Added 2-20-2020 by L.L. No. 6-2020]
G.
Any change
of use that would, by virtue of the new use, result in any increase
in the generation of traffic or parking demand.
[Added 5-13-2021 by L.L. No. 2-2021]
[Amended 8-6-1990 by L.L. No. 13-1990; 4-7-2014 by L.L. No. 9-2014]
No building permit may be issued for any building
or use within the purview of this article until an approved site development
plan permitting such building or use has been secured by the applicant
and presented to the Building Inspector. No certificate of occupancy
may be issued for any building or use of land within the purview of
this article unless the building is constructed or used or the land
is developed or used in conformity with an approved site development
plan or amendment thereof.
Prior to the submission of a formal Site Development
Plan application, the applicant shall meet in person with the Planning
Board or its designated representative to discuss the proposed Site
Development Plan to facilitate the filing and consideration of a complete
application.
[Amended 8-6-1990 by L.L. No. 13-1990; 11-6-2006 by L.L. No. 5-2006; 2-16-2010 by L.L. No.
2-2010; 4-7-2014 by L.L. No. 9-2014]
The applicant for approval of a site development
plan or an amendment to an approved site development plan shall submit
18 copies of the information enumerated below to the Planning Board,
together with a letter of application or such application form as
the Planning Board may prescribe by regulation, not later than 14
days prior to the Planning Board meeting at which the application
will be heard. All maps must be at a scale of not more than 30 feet
to the inch or such other scale as the Planning Board may prescribe.
The information to be submitted, which in total and together with
such additional information as the Planning Board may require constitutes
a site development plan application and, upon approval, a site development
plan, is as follows:
A.
Legal data.
(1)
The names and mailing addresses of all owners of record
of the property for which site development plan approval is sought,
together with the lot, block and section number of the property.
(2)
The lot, block and section numbers of each parcel
of affected property and the name of the affected property owner of
each.
(3)
Data sufficient to show the location of the property
in relation to existing school, zoning and special district boundaries.
(4)
Boundaries of the property to be developed, building
and setback lines, if different from those required in this chapter,
and lines of existing streets, lots, reservations, easements and areas
dedicated to public use. All lengths shall be in feet and decimals
of a foot, and all angles shall be given to the nearest 10 seconds
or closer if deemed necessary by the Planning Board.
(5)
A copy of any covenants, deed restrictions or prior
subdivision plats that cover all or any part of the property.
(6)
In the event that the applicant is not the owner of
record of the property, all documents evidencing the applicant's interest
therein, including but not limited to any option to purchase or contract
of sale; provided, however, that such an applicant may delete the
purchase price and the price of any option to purchase unless the
Planning Board otherwise requires.
(7)
(8)
A tabular summary on a form provided by the Village identifying how
the proposed construction complies (or not) with all area and other
bulk requirements of the Zoning Code.
B.
C.
Topographic data.
(1)
Existing contours, with intervals of five feet or
less, referred to a datum satisfactory to the Planning Board. All
topographic maps shall be certified by a licensed surveyor and shall
show the relation of the proposed structure(s) and means of access
and egress thereto.
(2)
The location of existing property lines, streets,
easements, buildings, watercourses, marshes, wooded areas, rock outcrops,
single trees with a diameter of eight inches or more measured three
feet above the base of the trunk and other significant existing features.
D.
Development data.
(1)
The title of the development, name and address of
the record and beneficial owners, engineer, architect and land planner
or surveyor preparing the site development plan.
(2)
The proposed use or uses of land and buildings and proposed location
and design of buildings, including proposed grades, site plans, floor
plans, elevations, facades and other architectural features, including
typical elevations drawn to scale.
(3)
All proposed lots, easements and public and community
areas.
(4)
All proposed streets with profiles indicating grading
and cross sections showing width of roadway, location and width of
sidewalk and location and size of utility lines, light poles and other
street furniture. All lengths shall be in feet and decimals of a foot,
and all angles shall be given to the nearest 10 seconds or closer
if deemed necessary by the Planning Board.
(5)
All means of vehicular access and egress to and from
the site onto adjacent streets.
(6)
The location and design of any off-street parking
areas or loading areas, including the proposed surfacing of the same.
(7)
The location and design of any refuse storage or collection
areas.
(8)
The location of all proposed water lines, valves and
hydrants and of all sewer lines or alternative means of water supply
or sewage disposal and treatment showing pipe sizes, grades, direction
of flow and manhole inverts.
(9)
The proposed location, direction, fixtures, power and time of operation of proposed outdoor lighting, along with a demonstration that the proposed lighting meets the requirements of § 224-72C.
[Amended 1-23-2020 by L.L. No. 3-2020]
(10)
The proposed screening and landscaping, including
a planting plan prepared by a qualified landscape architect or architect.
(11)
The location, height and design of all proposed
walls and fences, including the proposed materials therefor.
(12)
Proposed stormwater drainage system, including
culverts, catch basins with invert elevations, pipes and the size,
material and direction of flow thereof.
(13)
When deemed appropriate by the Planning Board, including but
not limited to major site plans or other special or unique development
projects or proposals, whatever data or information the Planning Board
deems relevant and appropriate, such as but not limited to supplemental
information pertaining to any of the matters listed in this section;
three-dimensional models and renderings of the proposed development
or portions thereof; samples of materials to be used on the facades
of any proposed building, including walls, doors, windows and roofs;
lighting details; and engineering, environmental and architectural
data.
(14)
On sites of 10 acres or more, a recent aerial photograph of
the site, at the same scale as the map, showing proposed lots, easements
and public and community areas.
(16)
If the site is located in the View Preservation Overlay District
(VP), sketches, drawings or marked-up photographs showing the impact
of the proposed construction on views of the Hudson River from neighboring
properties and adjacent public property and rights-of-way.
E.
Proof of public notice.
(1)
The applicant shall submit with his or her application an affidavit stating that written notice of the application containing the information set forth in § 224-69E(3) has been mailed or delivered, not later than 14 days prior to the Planning Board meeting at which the application will be heard, to all affected property owners with respect to the property for which site development plan approval or an amendment to an approved site development plan is sought and, if applicable, stating that the application also includes a consideration of a preliminary layout of a subdivision of the property. Such notice shall be by a method of mail or delivery for which the post office or delivery service company provides proof of mailing or of delivery, and that proof shall be submitted prior to the Planning Board meeting.
(2)
In the case of applications for site development plan approval or to amend previously approved site development plans with respect to sites larger than five acres or property abutting Broadway, Main Street, the Hudson River, Harriman Road or Cyrus Field Road, the applicant shall also submit with his or her application an affidavit stating that notice of the application containing the information set forth in § 224-69E(3) has been published at least twice in the official newspaper(s) of the Village. The later of the notices shall be published not later than 14 days prior to the Planning Board meeting at which the application will be heard.
(3)
The notices required by this subsection shall contain
the following information:
(a)
The name of each record and beneficial owner
of the property for which site development plan approval is sought.
(b)
The location of the property and a description by reference
to local street names and abutting property owners sufficient to enable
the reader to ascertain the location of the property.
(c)
A brief description of the proposed site development plan or an amendment to an approved site development plan, including but not limited to the proposed increase in footprint and the dimensions of any new construction; any increase in FAR as described in Article XXII of this chapter; the nature of the proposed use and the number of dwelling units proposed; and, in the case of developments including or consisting of nonresidential uses, the total square footage of proposed buildings and, in the case of an amendment, a description of the proposed change in the previously approved site development plan.
(d)
The date, time and place of the Planning Board meeting at which
the application will be heard.
(e)
Advice that the application may be examined by the public at
the office of the Village Clerk and in the Irvington Public Library
one week prior to the Planning Board meeting and the hours during
which such examination may take place.
(4)
In addition to the notice required by Subsection E(1), the applicant shall erect a sign facing each public street on which the property abuts, giving notice that an application has been made. The sign, on a placard to be provided by the Village, shall be posted not less than 10 days immediately preceding the hearing date and shall be displayed continuously until the application is decided. The sign shall not be set back more than 10 feet from any property or street line and shall be placed to assure visibility from the street. Prior to the public hearing, the applicant shall provide proof that the sign was posted as required by this subsection. The applicant shall remove the sign the day after the application is decided.
(5)
The Planning Board may not consider any application for site development
plan approval or any amendment thereto and may not determine that
any such application is complete prior to satisfaction of the notice
requirements of this section.
F.
In the event that the hearing is continued to another date more than
twice, the applicant shall give written notice of the continued dates
to all affected property owners by a method of mail or delivery for
which the post office or delivery service provides proof of mailing
or of delivery, not later than 14 days prior to the continued hearing,
and shall submit to the Planning Board at or before each continued
hearing proof of compliance with the provisions of this subsection,
absent which no continuation of the hearing may be held.
[Amended 8-6-1990 by L.L. No. 13-1990; 3-4-1991 by L.L. No.
2-1991; 4-7-2014 by L.L. No. 9-2014]
A.
The Planning Board shall review the proposed plan or amendment and shall determine whether the application is complete promptly after its receipt. If it is incomplete or if the Planning Board requests additional information pursuant to § 224-69D(13), it shall so advise the applicant. The application shall be deemed to be officially submitted upon the Planning Board's finding that a complete application for site development plan approval has been submitted.
B.
The Planning Board shall conduct the hearing, noticed as provided in § 224-69, and decide the application within 62 days after the hearing is closed; provided, however, that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning Board shall immediately be filed in the office of the Building Department and a copy thereof either handed to the applicant at the Planning Board meeting or mailed to the applicant.
C.
The Planning Board is hereby empowered to conduct field inspections
of any site for which it has received or approved any application
for site development plan approval or amendment thereto to review
site conditions and as-built development. It may require minor modifications
to parking, landscaping, signs, drainage, access, paving, lighting
and other similar requirements and site plan details as may in its
judgment be necessary in the interest of safety, convenience, enjoyment
of peace and quiet of adjacent neighbors and aesthetics.
[Amended 1-23-2020 by L.L. No. 3-2020]
D.
All elements of an approved site development plan or other permit
approval, including landscaping, shall be maintained in a neat, healthy
and viable condition as a prerequisite of an approved certificate
of occupancy.
[Amended 7-10-1989 by L.L. No. 6-1989; 4-7-2014 by L.L. No. 9-2014]
If the Planning Board finds that, due to special conditions
peculiar to a site, certain of the information normally required as
part of the site development plan application is inappropriate or
unnecessary or that strict compliance with said requirements may cause
extraordinary and unnecessary hardship and that waiving said requirements
will not have detrimental effects on the public health, safety or
general welfare or have the effect of nullifying the intent and purpose
of site development plan submission, Official Map, Comprehensive Land
Use Plan or this chapter, the Board may waive the provision of such
information.
A.
In acting on applications for site development plan
approval and amendments thereto, the Planning Board shall be guided
by this section.
B.
The Planning Board shall take into consideration the
requirements of this chapter, the Village Comprehensive Land Use Plan,
the Official Map and such other enactments as reflect the land use
policies of the Village. It shall submit each application to the Environmental
Conservation Board and the Architectural Review Board and, in the
case of proposed developments of five or more dwelling units or floor
area of 15,000 or more square feet, to the heads of each Village department
within five days of receipt of the completed application for their
comments and shall consider the comments and recommendations of all
agencies to which referral is mandated by law or by election of the
Planning Board; provided, however, that if no comments are received
by the Planning Board within 20 days of the referral to an individual
or agency, the Planning Board may proceed on the basis that there
are no comments from that individual or agency.
[Amended 7-10-1989 by L.L. No. 6-1989; 3-15-1993 by L.L. No. 1-1993]
C.
The Planning Board shall be guided by the following
site plan design and development principles in acting on applications:
(1)
The proposed location of main and accessory buildings
on the site and their architectural relationships to one another;
traffic circulation within the site; height and bulk of buildings;
provision of utilities, such as water, sewer, power and telephone;
disposition or disposal of solid and fluid waste; provision of off-street
parking space; provision of buffer areas and other open spaces on
the site; planting and landscaping; and display of signs and external
lighting shall be such that any development will adequately handle
pedestrian and vehicular traffic within the site and in relation to
the street system adjoining and will harmoniously and satisfactorily
fit in with contiguous land and buildings and adjacent neighborhoods.
The Planning Board shall also consider drainage, road alignment and
other engineering aspects of the proposed site development plan with
the assistance of such consultants as it may deem necessary or appropriate,
subject to budgetary limitations.
(2)
The location and size of the use, the nature and intensity
of the operations involved in or conducted in connection with it,
the size of the site in relation to it and the location of the site
with respect to streets giving access to it shall be such that it
will be in harmony with the appropriate and orderly development of
the district in which the site is located.
(3)
Buildings or structures and roads should be designed
to relate harmoniously to surrounding buildings and the natural environment.
Where appropriate, the Planning Board shall require that residences
be located at different elevations in order to promote privacy. Where
buildings or structures are part of a present or future group or complex,
they shall be designed as part of an ensemble that will have a unity
of character, scale, materials and architectural expression. The relationships
of forms and the texture and color of materials shall be harmonious,
streets and spaces shall be well-proportioned and the scale of development
appropriate to its context.
(4)
Exterior
lighting.
[Added 1-23-2020 by L.L. No. 3-2020[1]]
(a)
All lighting shall be dark-sky compliant. All lighting fixtures
shall be full cutoff and shall utilize light shields as necessary
to reduce light trespass and glare. Lighting shall be designed to
the minimum level required for health and safety and shall not exceed
five footcandles, except:
[1]
At or beyond a property line abutting a residential parcel or
public right-of-way, it may not exceed 0.1 footcandle, as measurable
from any orientation of the measuring device, except at the entrance
to a driveway or walkway, so long as the lighting is at the minimum
level required for safety.
[2]
At or beyond a property line abutting a nonresidential property,
it may not exceed 0.3 footcandle, as measurable from any orientation
of the measuring device, except at the entrance to a driveway or walkway,
so long as the lighting is at the minimum level required for safety.
[1]
Editor's Note: This local law also redesignated former Subsection
C(4) through (14) as C(5) through (15).
(5)
Scenic vistas, unusual geologic features, mature woodlands
and historic sites and structures shall be preserved to the maximum
possible extent. Construction along ridge lines that would adversely
affect scenic vistas should be disfavored.
(6)
Stone walls and mature trees adjacent to Broadway,
Cyrus Field Road, Mountain Road and Sunnyside Lane shall be preserved.
(8)
All playgrounds, parking and service areas shall be
reasonably screened from the view of adjacent properties and streets;
provided, however, that this subsection permits but does not require
the Planning Board to require screening of driveways.
(9)
The site development plan shall conform to the Comprehensive
Land Use Plan of the Village of Irvington as it may exist from time
to time.
(10)
In applicable cases, a drainage system and layout
which would afford the best solution to any drainage problems shall
be provided.
(11)
Portions of sites which constitute watershed
land or for which the protection ratio is 1.00 shall not be built
upon except to the extent that improvements incidental to passive
recreational use of the land, including trails and pathways, may be
convenient or appropriate; however, the Planning Board may permit
construction of other improvements on watershed lands if accepted
engineering, planning and design practices satisfactory to the Planning
Board are utilized to mitigate potential adverse environmental impacts,
but in no case within 800 feet of the reservoir.
[Amended 3-21-1994 by L.L. No. 3-1994]
(12)
The Planning Board shall minimize building on
and clearing of portions of sites which have slopes of 15% or more
and on land with unusual geological features which the Planning Board
determines to be worthy of preservation and shall impose such conditions
on the development of parcels including steep slopes as it concludes
are conducive to minimizing stormwater runoff, erosion and adverse
visual impact.
(13)
The natural topography of the site should be preserved to the
greatest extent practicable, and the use of cut and fill shall be
minimized.
[Added 4-7-2014 by L.L. No. 9-2014]
(14)
No curb cut shall be wider than 24 feet. In addition, no more
than one curb cut shall be permitted per lot, unless there is at least
32 feet between curb cuts, in which case a maximum of two curb cuts,
totaling 24 feet in width, shall be permitted.
[Added 4-7-2014 by L.L. No. 9-2014[3]]
[3]
Editor's Note: This local law also redesignated former Subsection
C(11) as Subsection C(14).
D.
The Planning Board may condition the approval of a site development plan upon the compliance by the owner or the owner and its successors in interest with such conditions as the Planning Board may deem appropriate to accomplish the purposes of this chapter and Chapter 188, Subdivision of Land, and to further the health, safety and welfare of the Village and its residents. Such conditions may include but shall not be limited to provision for the development, landscaping and maintenance of the site and buildings and landscaping thereon; the provision of refuse collection, transportation and other services thereto; and the posting of a bond to guarantee the conditions of the site plan approval. In the event that such conditions are imposed, they shall be recorded in the minutes of the Planning Board. The Planning Board may require the owner or its successor or successors in interest to execute a written instrument agreeing to satisfy all or certain of such conditions and to record such instrument in the land records of the County Clerk. Such written instrument shall be in such form as to bind each subsequent grantee of each lot or the site individually affected by such promises and undertakings; to bind all subsequent grantees of all lots on the site as joint obligors of all obligations relating to the site as a whole; is sufficient to record in the land records of the County Clerk against all affected lots; and is satisfactory to the Planning Board and the Village Attorney. The Planning Board shall ensure that all such instruments shall be recorded.
[Amended 4-7-2014 by L.L. No. 9-2014]
E.
A phased schedule for construction and completion
of each particular site development plan approved, which schedule
shall not exceed three years from the date of the record of Planning
Board approval to the date of final phase review, shall be included
in any Planning Board approval, said phased schedule to be completed
prior to the issuance of a final certificate of occupancy. The Planning
Board may extend said completion period for up to one year for good
cause. The applicant shall be responsible for obtaining certificates
of occupancy for all uses and structures shown on the site development
plan for which a certificate of occupancy is required within said
time period. Should the time period for obtaining the final certificate
of occupancy be exceeded, the site development plan approval shall
be considered null and void and any building permits or temporary
certificates of occupancy or partial certificates of occupancy shall
be revoked without prejudice to the right of the applicant or his
successors to reapply for site development plan approval.
F.
Final certificates of occupancy for all final site
plan development plan approvals must be obtained within two years
of receiving such approval. Failure to obtain the final certificates
of occupancy after such time shall render the site development plan
approval null and void, and any building permits or temporary certificates
of occupancy or partial certificates of occupancy shall be revoked
without prejudice to the right of the applicant or his successors
to reapply for site development plan approval.
[Added 8-18-2003 by L.L. No. 18-2003]
[Added 4-25-2011 by L.L. No. 5-2011]
A.
The
Planning Board may require that a site plan that would result in the
creation of any residential units contain parkland or land suitable
for recreational purposes. Before such requirement is imposed, the
Planning Board shall make a finding that the new residential unit(s)
will generate the need for such parkland or recreational facilities.
B.
The
term “residential unit” shall include dwelling units,
as defined in this chapter, and individual residential units in assisted
care facilities, dormitories and similar residential buildings.
C.
Cash
payment in lieu of reservation of land.
(1)
Where the Planning Board makes a finding that the proposed site plan presents a proper case for requiring a park or land suitable for recreational purposes, but that suitable parkland or recreational facilities cannot be properly located on the site plan, the Planning Board may require, as a condition of approval of the site plan, payment to the Village of a sum of money determined by the Board of Trustees. (NOTE: See Chapter 114, Fees and Charges.)
[Amended 5-21-2012 by L.L. No. 4-2012]
(2)
In making the determination, the Planning Board shall assess the
size and suitability of lands shown on the site plan which could be
possible locations for park or recreational facilities, as well as
practical factors, including whether there is a need for additional
facilities in the immediate neighborhood.
(3)
Any moneys required by the Planning Board in lieu of land for parkland
or recreational purposes pursuant to this section shall be deposited
into a trust fund to be used by the Village exclusively for park or
other recreational purposes, including the acquisition of property.
A.
An applicant for approval of a subdivision that would result in creation of three or more lots in a single-family residence district who intends to sell lots prior to construction of houses or to design and construct houses on lots only after contracting therefor with anticipated buyers may apply for limited site development plan approval under this section rather than full site development plan approval. The terms "site development plan" and "site development plan approval" as used elsewhere in this chapter shall include "limited site development plan" and "limited site development plan approval" except where the context otherwise requires and in § 224-90.
B.
Limited site development plan applications shall be
governed by the other sections of this chapter except as follows:
(1)
Required submissions. The applicant need not submit proposed building designs, floor plans, elevations, facades or other architectural features or samples of materials or the information required by § 224-69D(10) and (11), except as the Planning Board may require.
(2)
Standards for limited site development plan approval. The provisions of § 224-72 shall apply to the extent applicable. The Planning Board, however:
(a)
Shall not grant limited site development plan
approval without determining the portion of each lot on which the
house, accessory buildings, driveways and parking areas may be constructed.
It may do so either by fixing exact locations, by prescribing an envelope
within which such improvements must be constructed or by a combination
of both approaches.
(b)
May condition approval on buildings or structures to be erected in the subdivision conforming to architectural standards or guidelines prescribed by the Planning Board, with the advice of the Architectural Review Board, in order to achieve the objectives of § 224-72C(3)
(c)
May condition approval on the development of
the subdivision complying with a full or partial landscaping plan,
which may include preservation of existing features and/or provision
of new plantings.
(3)
Time period for development. Section 224-72E shall not apply with respect to site development plans approved under this section.
(4)
Duties of the Planning Board. The Planning Board shall
record on the original of each approved subdivision plat for which
limited site development plan approval has been granted the following
statement:
|
"All land within this plat is subject to the
terms of limited site development plan approval granted by the Village
of Irvington Planning Board. No building permit will be issued unless
the proposed construction complies with the terms of said approval.
Full site development plan approval may be required for any future
development within this subdivision."
|
(5)
Expiration
of limited site development plan approval. Limited site development
plan approval shall expire three years after the date of approval
unless a building permit for the proposed construction has been obtained.
[Added 3-21-2016 by L.L.
No. 2-2016]
Any person aggrieved by any decision of the
Planning Board or any officer, department, board or bureau of the
Village may apply to the Supreme Court for review thereof by a proceeding
under Article 78 of the Civil Practice Law and Rules. The following
shall be deemed aggrieved by any decision of the Planning Board under
this part in addition to such other persons as may otherwise be deemed
aggrieved by law:
A.
With respect to the approval of any site development
plan or amendment thereto, all affected property owners.
B.
With respect to the approval of any site development
plan or amendment thereto affecting a site of four or more acres in
a residential district, any resident of the Village who resides within
2,000 feet of the site.
C.
With respect to the approval of any site development
plan or amendment thereto affecting a site of two or more acres in
a residential district, any resident of the Village who resides within
1,000 feet of the site.
D.
With respect to the approval of any site development
plan or amendment thereto affecting a site with a site capacity of
25 or more dwelling units in a residential district, any resident
of the Village.
E.
With respect to the approval of any site development
plan or amendment thereto affecting a site abutting Main Street, the
Hudson River, the western boundary of the Railroad District or the
eastern boundary of the Railroad District between Bridge Street on
the north and a line formed by projecting the center line of Station
Road at South Buckhout Street west to the Hudson River, any resident
of the Village.
[Amended 8-6-1990 by L.L. No. 13-1990; 3-4-1991 by L.L. No. 2-19918-18-2003 by L.L. No. 19-2003; 8-18-2003 by L.L. No. 20-2003]
B.
In addition, the Planning Board is empowered to retain, at the applicant’s expense, any consultant or expert which, in the opinion of the Planning Board, is reasonably necessary in determining whether to grant or deny site development plan approval or to verify information presented by the applicant. The fees for such consultation shall be paid in accordance with the provisions of Chapter 160, Professional Fees.
[Amended 5-3-2010 by L.L.No. 5-2010]
[Amended 2-20-2013 by L.L. No. 3-2013]
All structures and developments approved by
the Planning Board shall be constructed, developed and maintained
in accordance with the plans approved. If, after approval, it becomes
necessary to modify or amend an approved site development plan, the
proposed modification or amendment shall be resubmitted to the Planning
Board for approval prior to implementing the modification or amendment.
As a condition to the issuance of any certificate of occupancy with
respect to all or any part of a development of a site for which site
development plan approval was required, the applicant or his successor
shall submit as-built plans of the development certified by a licensed
architect or professional engineer to the Building Inspector, which
plans shall be filed and maintained in the records of the Planning
Board and the Building Inspector. The licensed architect or professional
engineer shall certify that the buildings and site development complies
with all Village zoning, subdivision and building codes and with the
site development plan approval granted by the Planning Board where
applicable. The as-built plans shall be sufficient to show, in addition
to such other matters as the Planning Board by regulation may require,
the following:
A certificate of occupancy shall not be issued
until all improvements have been completed on a particular site development
plan. In phased development or in other instances where the Planning
Board wishes to assure ultimate completion of future improvements,
the Planning Board may require and establish a bonding procedure pursuant
or similar to § 7-730 of the Village Law. Said bonding procedure
shall be applicable to all elements of the site development plan considered
by the Planning Board to be integral to the principal use of the site,
such as but not limited to streets, utilities, sidewalks, parking,
access, lighting and landscaping.
