[Amended 9-25-1996 by L.L. No. 6-1996]
Pursuant to § 7-725-a of the Village Law, the Board
of Trustees hereby delegates final authority to the Planning Board
for approval of any site plan required by this Zoning Law.
A.
Approval of a site plan by the Planning Board is required for the
development or redevelopment of any property or structure for a new
use, the expansion or relocation of any existing use or a change of
use. A change of use of a building, structure or lot is interpreted
for purposes of this Zoning Law as:
B.
Exception for certain nonresidential uses proposed in the CB District.
[Added 3-13-2003 by L.L. No. 2-2003[2]]
(1)
Purpose. The purpose of this section is to support the revitalization of the Village's Central Business (CB) District by encouraging the continued use and re-use of buildings that are in existence on the effective date of this subsection. To achieve this objective, the Village seeks to expedite the development review process by eliminating site plan review and approval, or limiting the site plan application submission and review, for certain nonresidential uses, provided said uses meet the conditions set forth in Subsection B(2) below.
(2)
Site plan approval exception. Upon a determination made by the Building
Inspector, site plan review and approval shall not be required for
proposed nonresidential uses that meet the following standards:
(a)
The use shall be located in a building in existence on the effective
date of this subsection.
(b)
The use is permitted as-of-right within the CB District at the
time of application. Site plan review and approval shall be required
for special uses.
(c)
The use shall occupy not more than 2,500 square feet of gross
floor area of the building in which it is to be located.
(d)
The use shall not result in a required amount of parking that
exceeds the amount of parking required for the prior use.
(e)
The use will not result in any exterior change to the building
facade, except for signage. The Planning Board shall review and approve
any sign for the proposed use.
(3)
Limited site plan review. Where a proposed application meets the requirements of § 260-60B(2)(a) through (d) but proposes a physical alteration to the building's facade, the site plan application shall be limited to submission of the standard site plan application form and a building elevation(s), architectural rendering or other scaled architectural drawing. The Planning Board's review and approval shall be limited to a determination of the proposal's conformity to Chapter 228, Article VI, Site Planning Design Criteria, of the Village of Suffern Site Plan Regulations, and any design guidelines applicable to the CB district which the Board of Trustees may adopt from time to time.
(4)
Building Inspector determination. The Building Inspector shall provide, in writing, the reasons supporting the determination and said determination shall be filed in the office of the Building Department. A copy of the determination shall be provided to the Board of Trustees and Planning Board. Any building permit application that does not meet the conditions listed in § 266-60B(2) above shall require site plan review and approval by the Planning Board.
[2]
Editor's Note: This local law also redesignated former Subsection
B as Subsection C.
C.
The Planning Board shall make the final determination as to whether
or not a change of use requires submission and approval of a site
plan. One-family and two-family dwellings do not require site plan
approval as required in this article. Where site plan approval is
required, applications for the issuance of a building permit, certificate
of occupancy or certificate of use must be accompanied by a copy of
the approved site plan bearing the signature of the Planning Board
Chairman. The continued validity of any certificate of occupancy or
certificate of use shall be subject to continued conformance with
such approved site plan and conditions. Site plans are continuing
obligations for the life of the use for which they are approved. Unapproved
deviations from or neglect in maintenance of an approved site plan
are violations of this Zoning Law and may be prosecuted in the same
manner as any other violation. Revisions made to approved site plans
shall be subject to the same approval procedure as the initial application.
It shall be the duty of every property owner to maintain his
property in conformity with the approved site plan. Failure to do
so shall constitute a violation of this Zoning Law.
[Added 3-16-1998 by L.L. No. 1-1998; amended 8-7-2017 by L.L. No. 5-2017]
A.
A site plan approval shall be deemed to authorize only the particular
use specified in the approval resolution of the Planning Board.
B.
A Planning Board resolution which grants final site plan approval
shall expire 180 days after the date of Planning Board resolution
of approval, unless the site plan map has been signed by the Planning
Board Chairperson. Said time period may be extended for two periods
of not more than 90 days each upon application to the Planning Board
for such extension(s).
C.
The tenure of maps with final approval is limited to a period of
three years from the date of filing, within which time building permits
shall be obtained in accordance with Zoning Ordinance provisions in
effect at the time of application of building permit.
D.
Reinstatement of a revoked or lapsed site plan. If a preliminary
or final approval has lapsed, it may be reinstated, in the Board's
sole discretion, after payment of a new fee appropriate in amount
to the additional review required. A new public hearing may be required.
