The Town Board has fully reviewed the provisions of the Town
Law and the current rules of procedures for both the Zoning Board
and the Planning Board of the Town. Following this review, the Board
finds that it would be in the best interest of the people of the Town
to enact a local law which would place certain limits on extensions
of approvals granted by both Boards as well as to mandate some additional
rules with respect to conduct of meetings and attendance at meetings
by the members of the Boards. It is the desire of the Town Board obviously
not to supersede anything set forth in state law, but merely to supplement
and revise the same as allowed by law to fit the needs of the people
of the Town of Cortlandt. It is with this intent that the Town Board
hereby enacts this article.
All of the requirements with respect to continuing education
of all of the members are reaffirmed herewith.
The various ordinances of the Town shall be amended so as to
provide as follows:
A. Any request by an applicant for an extension of an approval previously
granted must be received prior to the expiration of the existing approval.
B. Site plans may be approved for one year and may be extended for up
to two additional years, provided that the applicant provides an update
with pertinent information and explains extenuating circumstances,
documented to the satisfaction of the Planning Board. In addition,
if the applicant seeks additional time extensions hereunder, the applicant
will be required to comply with any new laws or rules.
C. State law provides that preliminary approval shall be in effect for
at least six months and shall continue thereafter unless revoked by
the Planning Board. The Planning Board of the Town shall provide that
all preliminary approvals shall expire within three years following
the date when preliminary approval was first granted. The length of
final approval shall be as prescribed by state law.
D. Any subdivision approval or site plan approval which has expired
may only be reconsidered by the Planning Board following the resubmission
of a new application and all associated documents and a new public
hearing held by the respective Board.
E. Applications pending before the Planning Board and the Zoning Board
shall be deemed to be dormant and withdrawn by the applicant if the
application does not appear on a Board agenda with new or additional
information for a period of two years or more (including those applications
awaiting submission of a DEIS). Said time period may not be extended
by the Board. Furthermore, the Board may fix a shorter period of time.
F. Applications with respect to undeveloped properties for either subdivision
or site plan approval may only be submitted as an application during
the first month of each quarter of the year. They shall then be reviewed
by staff and placed on the Planning Board or Zoning Board's agenda
at the end of said quarter for a determination of completeness of
the application. This provision does not apply to lot line adjustments
or minor subdivisions of five lots or less.
G. All approvals previously granted by either the Planning Board or
the Zoning Board may be extended as provided for in this article or
for up to one year from the effective date of this article, whichever
would provide the greatest extension of time.