There is hereby created a Board of Architectural and Site Plan
Review, which shall consist of the Board of Trustees. All members
of the Board shall be residents of the Village.
The Superintendent of Buildings shall refuse any building permit
application disapproved as provided herein. If the Board of Architectural
and Site Plan Review fails to render its decision on any application
referred to it under the provision of this article within 90 days
of the date of a completed application being received by it, the application
shall be considered to have been approved. The time within which the
Board of Architectural and Site Plan Review shall render its decision
may be extended upon the consent of the Board and applicant. An application
shall not be deemed complete for the purposes of this section unless
and until the applicant has submitted all materials requested by the
Board of Architectural and Site Plan Review.
The Board of Architectural and Site Plan Review may conduct
a public hearing on the site plan if a majority of the members deem
that such a hearing is in the public interest. The applicant shall
provide evidence at the hearing that all record landowners within
a two-hundred-foot radius of the proposed project, as said record
owners appear on the most current tax rolls of the Nassau County Assessor's
Office, were notified by mail not less than 15 days but no more than
25 days before the public hearing. In addition, the Village Clerk
shall publish notice of the hearing not less than 10 days prior to
the hearing date. No hearing before any other board shall diminish
the authority of the Board of Architectural and Site Plan Review to
conduct a public hearing.
An applicant shall be required to pay those fees as set forth,
from time to time, by resolution of the Board of Trustees.
All applicants under this article shall be required to pay the
cost associated with engineering, environmental, architectural, legal
and other consulting professionals retained by or on behalf of the
Village. No architectural or site plan approval or building permit
shall be issued pursuant to the provisions of this article until the
applicant reimburses the Village for all such expenses. At the time
of application, and throughout the review process, the Board of the
Board of Trustees or the Superintendent of Buildings may require an
applicant to deposit with the Village Clerk such amounts to cover
such fees and expenses. In instances where such are minimal, the requirement
for reimbursement of expenses may be waived by the Board of Architectural
and Site Plan Review.
In connection with its site plan review, the Board of Architectural
and Site Plan Review may require a performance bond in an amount it
shall determine to ensure that upon completion of the project all
the public improvements shown on the site plan are completed and furthermore
to ensure that, in the event that the project is abandoned, the project
is either completed or the site is restored to its condition prior
to the commencement of the project. The project shall be deemed abandoned
if no substantial construction is performed on the site for a period
of one year and the site plan approval has expired. The Board of Architectural
and Site Plan Review may also require documentary demonstration to
its satisfaction of the financial responsibility of the applicant
to complete the project.
Architectural and site plan approval shall automatically terminate
one year after issuance. Prior to the expiration of the one-year period,
upon application and the submission of an application fee, which shall
be set from time to time by resolution of the Board of Trustees, to
the Superintendent of Buildings, the architectural and site plan approval
may be extended for two additional six-month periods, upon good cause
shown. The Board of Trustees may, upon written application, extend
the architectural and site plan approval for additional one-year terms
upon good cause shown. No extension shall be granted by the Board
of Trustees unless the applicant has paid an extension fee in an amount
set by the Board of Trustees.