A.
Site plans shall be required for all nonresidential uses allowed pursuant to this chapter. Further, site plan review shall be necessary for all special permit uses. Whenever an application requires a special permit, the Planning Board shall conduct the special use and site plan processes concurrently and using the same application materials.
B.
Application to Code Enforcement Officer. As provided by § 120-79, application for a permit shall be made to the Code Enforcement Officer prior to the commencement of the excavation, grading, or clearing for or the construction of any building or structure or the use of land. If, upon receipt of such application, the Code Enforcement Officer determines that the permit for the excavation, construction or use of land cannot be issued without the approval of a site plan by the Planning Board, he/she shall, within 15 days of its receipt, forward the application for the permit to the Planning Board.
C.
Sketch plan. A sketch plan conference may be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of his/her proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant shall provide the following:
(1)
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation, and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.
(2)
An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, rights-of-way, easements and other pertinent features within 200 feet of the boundaries of the parcel.
(3)
A topographic or contour map of adequate scale and detail to show site topography.
D.
Public hearing. The Planning Board may conduct a public hearing on the site plan if considered desirable by a majority of its members. Such hearing shall be held within 62 days of the receipt of application for site plan review and shall be advertised in the Village's official newspaper or, if there is none, in a newspaper of general circulation in the Village at least five days before the public hearing.
E.
Conditions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed site plan. Upon its granting of the site plan, any such conditions must be met in connection with the issuance of permits by the CEO.
F.
Waiver of requirements. The Planning Board may, when reasonable, waive any requirements for the approval, approval with modifications, or disapproval of site plans submitted for approval. Any such waiver may be allowed only when such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular application.
G.
Notice to applicant and County Planning Board. At least 10 days before any hearing, the Planning board shall mail notices of the hearing to the applicant and to the Rensselaer County Planning Board or agency, as required by General Municipal Law § 239-m. The notice for this referral shall be accompanied by a full statement of the application under consideration, as defined in GML § 239-m. If the Rensselaer County Planning Board fails to report within 30 days after receipt of a full statement of such referred material, the Planning Board may act without such report. If the Rensselaer County Planning Board disapproves the proposal or recommends modifications thereof, the Planning Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution setting forth the reasons for the contrary action. The Board shall file a report of its final action taken with the County Planning Board within 30 days after its decision has been made.
H.
Expenses. The applicant shall be responsible for the total cost of environmental reviews determined to be necessary to meet requirements of SEQRA as per 6 NYCRR Part 617.13. The Planning Board may also incur other extraordinary expenses to properly review documents or conduct special studies in connection with the proposed application, including but not limited to the reasonable costs incurred by the Planning Board for private consultation fees, fees for technical and engineering services, legal fees, or other expenses in connection with the review of a site plan application. All reasonable fees shall be charged to the applicant. The Planning Board shall make a reasonable estimate of the amount of expenses that it expects to incur during the course of each application for a site plan. The amount so determined by the Planning Board shall be deposited by the applicant in escrow with the Village Clerk prior to the Planning Board's commencing any review of the application. If the amount so deposited is exhausted or diminished to the point that the Planning Board determines that the remaining amount will not be sufficient to complete the review of the application, then the Planning Board shall notify the applicant of the additional amount that must be deposited with the Village Clerk. If the applicant fails to replenish the escrow account or there are unpaid amounts for which the applicant is responsible, the Planning Board, in its discretion, may cease review of the application until such amounts are paid or deny the application. In no event, however, shall any site plan be approved until such sums have been paid in full.
I.
Other permits. The Planning Board shall require proof that all permits required by other agencies have been applied for prior to final approval. The Planning Board may approve a site plan application contingent upon final approval of such application by other agencies. The Code Enforcement Officer shall ensure that all other agency approvals have been received and all conditions required by the Planning Board are met prior to issuing a zoning and building permit. Such zoning permit shall be approved prior to the Building Inspector's issuing a building permit.
J.
Planning Board decision.
(1)
Within 62 days of receipt of the application for site plan approval or if a public hearing is held within 62 days of public hearing, the Planning Board shall render a decision. In its decision the Planning Board may approve, approve with modifications or disapprove the site plan. The time period in which the Planning Board must render its decision can be extended by mutual consent of the applicant and the Planning Board.
(2)
Approval. Upon approval of the site plan, and payment by the applicant of all fees and reimbursable costs due the Village, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Village Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
(3)
Approval with modifications. The Planning Board may conditionally approve the final site plan. A copy of written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met, and payment by the applicant of all fees and reimbursable costs due the Village, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Village Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
(4)
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed with the Village Clerk and a copy thereof mailed to the applicant by certified mail, return receipt requested, along with the Planning Board's reasons for disapproval.
K.
Enforcement Officer. The Building Inspector as Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board and other officials and agencies, as appropriate.
L.
Lapses and expirations. Site plan approvals will expire one year after approval if the applicant fails to substantively initiate work or fails to comply with the conditions of approval of the site plan unless other provisions are set forth by the Planning Board in connection with its approval.