The purpose of site development plan review
is to determine that all land uses and new construction of buildings,
structures and facilities and expansion of existing buildings, structures
and facilities is in compliance with this article in those zoning
districts where inappropriate development may cause a conflict between
uses in otherwise unsuitable conditions and thereby adversely affect
the public health, safety, comfort, convenience and general welfare.
All new construction of buildings, structures
and facilities and all expansion of any existing buildings, structures
and facilities for the following land uses shall be subject to site
development plan review by the Village Planning Board:
A. All new residential and accessory structures containing
three or more housing units.
B. All business uses permitted in a B-2 General Business
District and a B-3 Highway Business District.
C. All uses permitted in an I-1 Light Industrial District
and in an I Industrial District.
D. All uses permitted in an L-C Land Conservation District.
E. All uses proposed in a P-D Planned Development District.
F. All conditional uses permitted in any of the above
districts.
G. All use variances not already included above.
Following official receipt and review of the
site plan by the Planning Board, the Board shall refer the application
to the Livingston County Planning Board, when applicable, for its
review and recommendations, in accordance with the requirements of
§§ 239-l and 239-m of the General Municipal Law, prior
to final action.
[Amended 6-6-2023 by L.L. No. 3-2023]
The Planning Board may exercise its discretion
to hold a public hearing on a site development plan when, in its judgment,
the characteristics of the proposal, such as size, complexity, potential
impact on the surrounding area, traffic generation, environmental
considerations, etc., warrant hearing. If a hearing is held, notice
of such hearing must be published in the official newspaper at least
five days in advance. Said hearing must be held within 62 days of
receipt of the application.
An engineering review and inspection fee shall
be paid by any applicant or his agent whenever the services of an
engineer are required to assist the Planning Board and the Code Enforcement
Officer in the review of submitted site development plans and/or inspection
of the construction of site improvements in conformance with approved
plans and specifications. The payment of said fee shall be a prerequisite
to the issuance of a letter from the Planning Board stating that all
construction work has been satisfactorily completed as per approved
plans or a sufficient letter of credit has been posted and the issuance
of a certificate of zoning compliance by the Code Enforcement Officer,
in that order.
Site plan approval shall automatically terminate
one year after the same is granted unless a zoning permit has been
issued and there is physical evidence to demonstrate that the project
is in progress.