This chapter shall be known and cited as the "Village of Old
Westbury Site Plan Review Law."
In connection with its review of any site plan under this Site Plan Review Law, the Planning Board, in its discretion, may refer any site plan application to the Village Planner for his review, comment and recommendations. The applicant shall be responsible for the Village Planner's fees in accordance with Chapter
103 of the Village Code.
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 found to be complete by the Planning Board.
The applicant shall mail notice of the public hearing, by certified
mail, return receipt requested, to the owners of all properties contiguous
to 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
shall 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 inappropriate to a particular site plan.
The Planning Board may, consistent with this chapter, adopt
such further rules and regulations, after public hearing, 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 the Village Building
Zone Ordinance, applications may be made directly to the Board of Appeals
for an area variance based on plans which the Board deems to be adequate
for the purposes of the application without first obtaining a final
decision or determination by the Building Department.
Unless otherwise indicated, all construction, reconstruction,
alterations, additions and improvements shall comply with all other
applicable ordinances, local laws, rules and regulations of the Village
and any other governmental entity.
Site plan approval shall automatically terminate and expire
one year after the resolution granting approval is filed in the office
of the Village Clerk unless a building permit has been issued thereon.
This chapter shall take effect immediately upon filing with
the office of the Secretary of State, and, as to site plans filed
prior to the public hearing on this chapter, the rules and regulations
in effect at the time of filing shall govern the site plan approval
process.
Prior to the submission of any application to the Planning Board,
based upon signed and sealed plans submitted to the Village Building
Department, the Village Engineer must certify the proposed building
volume and also certify that the topography as shown on the plans
is accurate, and that the proposed drainage calculations meet the
requirements of this chapter and the Village Code.