This chapter shall be known as the "Village
of Roslyn Harbor Site Plan Review Law."
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 certified to be complete by the Building
Department.
The applicant shall mail notice of the public
hearing to the owners of all properties within a radius of 200 feet
of the lot lines of 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 Supreme Court for review by
a proceeding under Article 78 of the Civil Practice Law and Rules.
Such proceedings may only 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 plans 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 inapplicable or inappropriate to a particular site plan.
The Planning Board may, consistent with this
chapter, adopt such further rules and regulations 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 Chapter
275, Zoning, of the Village Code, applications may be concurrently made directly to the Zoning Board of Appeals for an area variance, without first obtaining a final decision or determination by the Building Department.
Unless otherwise indicated, all construction,
reconstruction, alterations, additions or improvements included in
or required by a proposed site plan shall comply with all other applicable
statutes, local laws, rules and regulations of the Village and any
other governmental entity.
[Amended 3-22-2006 by L.L. No. 1-2006]
For any and every violation of the provisions of this chapter, 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 apart or assists in any such violation or who maintains any building or premises in which such violation shall exist, shall be liable for a penalty as provided in Chapter
1, Article
I of this Code. Such penalties shall be collected as provided by law. Each week's continued violation shall constitute a separate additional violation.
Site plan approval shall automatically terminate
one year after the resolution granting approval is filed in the office
of the Village Clerk, unless a building permit has been issued thereon.