In all cases of uses requiring the approval of site plans, no
building permit or certificate of occupancy shall be issued, except
in conformity with an approved site plan for the lot, and no certificate
of occupancy for such use or structure shall be issued until all the
requirements of such a plan and any conditions attached thereto have
been met. Continued conformance with such a plan and such requirements
shall be a condition of the continued validity of any certificate
of occupancy issued. Revisions of such plans shall be subject to the
same approval procedure.
Prior to the submission of a site plan, the applicant shall
meet in person with the Planning Board for the purpose of discussing
proposed uses or development and to determine conformity with the
provisions and intent of this chapter.
[Amended 11-17-1986 by L.L. No. 2-1986; 10-15-2007 by L.L. No.
4-2007]
Within six months following said meeting, the applicant shall
submit for site plan review by the Planning Board the site plan, any
supporting materials and a fee, in accordance with the fee schedule
established by resolution of the Board of Trustees, except that if
more than six months have elapsed, the Planning Board will require
the applicant to attend another presubmission meeting. At least eight
days prior to the submission of the site plan to the Planning Board,
the applicant shall cause to be posted a notice of the pendency of
an application before the Planning Board on the property subject to
the application. Such posting shall include the date, time and place
of the hearing, and any adjourned date thereof, and shall be near
the public right-of-way so as to be visible and legible from the street
or sidewalk.
A.
The site plan submitted to the Planning Board shall be prepared by
a legally qualified engineer, architect, landscape architect or surveyor
and shall contain the following information:
(1)
A detailed development plan showing the applicant's entire property
and adjacent properties and streets, at a convenient scale.
(2)
Location, width and purpose of all existing and proposed easements,
restrictions, covenants, reservations and setbacks.
(3)
The proposed location, use and exterior design of all buildings and
structures.
(4)
Any proposed division of buildings or structures into units of separate
occupancy.
(5)
Existing topography and proposed grade elevations, watercourses,
marshes, areas subject to flooding, wooded areas, rock outcrops and
other existing features.
(6)
Location of all parking and truck loading areas, with access and
egress drives thereto.
(7)
Location of outdoor storage areas, if any.
(8)
Location of all existing or proposed site improvements, including
drains, culverts, retaining walls, fences and sidewalks.
(9)
Description of method of sewage disposal and water supply and the
location of such facilities.
(10)
Location and size of all signs.
(11)
Location and proposed development of landscaping, screening
and buffer areas.
(12)
Location and design of lighting facilities.
(13)
If the site plan only indicates a first stage, a supplementary
plan shall indicate ultimate development.
(14)
Any other pertinent information as may be necessary to determine
conformity of the site plan with the intent and regulations of this
chapter.
The Chairman of the Planning Board shall certify when all of
the necessary materials have been submitted, including all required
fees payable to the Village of Cornwall-on-Hudson. If all of the required
materials and fees have not been received, the application shall not
be considered as officially submitted.
[Amended 10-15-2007 by L.L. No. 4-2007]
The Planning Board shall not act to approve or disapprove any
site plan without first holding a public hearing within 60 days from
the time that the Chairman of the Planning Board certifies that all
necessary materials have been submitted. Such public hearing shall
be subject to the following notice provision:
A.
Public notice shall be by publication in the official newspaper of
the Village at least 15 days before the date of such hearing. In addition,
the applicant shall cause to be posted a notice of the pendency of
an application before the Planning Board on the property subject to
the application. Such posting shall include the date, time and place
of the hearing, and any adjourned date thereof, and shall be near
the public right-of-way so as to be visible and legible from the street
or sidewalk.
B.
In addition to such public notice, the applicant shall be required
to mail notices at least 15 days before the date of said hearing to
the owners of all properties abutting that held by the applicant and
all other owners within 300 feet, or such additional distance as the
Planning Board may deem advisable, from the exterior boundaries of
the land involved in such application in the names of said owners
appearing on the last completed assessment roll of the Village. Such
notice shall be by certified mail, and the applicant shall furnish
proof of compliance with the notification procedure. The published
notice required by this section shall be issued by the Secretary of
the Planing Board on order of the Planning Board or upon order of
the Chairman of said Board, so as to expedite the public hearing on
the application. The applicant shall pay the actual and necessary
costs of advertising and holding a public hearing.
The Planning Board shall act to approve or disapprove the site
plan within 60 days after such public hearing. The decision of the
Planning Board shall be immediately filed in the office of the Village
Clerk and a copy thereof mailed to the applicant. The period may be
extended by mutual agreement between the applicant and the Planning
Board.
The Board may require that site plan approval be periodically
reviewed.
In considering and acting upon any site plan, the Planning Board
shall consider the site layout and overall appearance of all buildings
in the proposed development so that they will have harmonious relationship
with the existing or permitted development of contiguous land and
of adjacent neighborhoods; so that they will have no material adverse
effect upon the desirability of such neighborhoods; and so that the
purpose and intent of this chapter will be met, to the end that the
value of buildings will be conserved and the most appropriate use
of land will be encouraged. The following objectives, in particular,
shall be accomplished:
A.
That all proposed traffic access and ways are adequate but not excessive
in number; adequate in width, grade, alignment and visibility; not
located too near street corners or other places of public assembly;
and other similar safety considerations.
B.
That adequate off-street parking and loading spaces and unloading
berths are provided to prevent parking on public streets of vehicles
of any person connected with or visiting the use and that the interior
circulation system is adequate to provide safe accessibility to all
off-street parking lots.
C.
That there is adequate space between structures on the lot and of
setbacks from private driveways, if any, so as to assure ample light
and air in the interests of the public health, safety and general
welfare.
D.
That all playground, parking and service areas are reasonably screened
at all seasons of the year from the view of adjacent residential lots
and streets and that the general landscaping of the site is in character
with that generally prevailing in the neighborhood. The Planning Board
shall also consider public safety in determining the application of
this standard.
[Amended 11-28-1983 by L.L. No. 4-1983]
Prior to site plan approval, the applicant shall file with the
Village Board a performance bond and/or cash deposit sufficient to
cover the full cost of all improvements and treatment outlined on
the site plan. The sufficiency of such bond or deposit shall be supported
by estimates from contractors deemed reliable by the Village Engineer
and/or Code Enforcement Officer.
[Amended 11-28-1983 by L.L. No. 4-1983]
If, during the course of construction, any conditions or other
unusual circumstances are encountered which were not foreseen in the
original planning, construction shall cease and such shall be reported
to the Planning Board by the Village Engineer or Code Enforcement
Officer for further review. The Planning Board shall, without unnecessary
delay and after consultation with the Village Engineer, permit a modification
thereof or issue specifications for the correction of the condition
or conditions. The applicant shall then be permitted to resume construction.
If, on the other hand, the Planning Board determines that such unforeseen
conditions require major changes to an approved site plan, the applicant
shall be required to file an amended site plan in accordance with
the procedures required for initial applications. Any other unusual
circumstances or conditions observed by the Village Engineer or Code
Enforcement Officer shall be similarly treated, and all work to be
done shall be in accordance with the approved site plan. No certificate
of occupancy shall be issued for any development which has not been
constructed in accordance with said site plan.
Site plan approval shall become null and void if a building
permit to effectuate such use or development is not obtained within
six months. An extension may be granted by the Planning Board for
a period not to exceed six months.
