The Planning Board of the Village of Penn Yan is hereby authorized
to review and approve or disapprove site plans for land uses within
the Village as hereinafter designated pursuant to and in accordance
with the standards and procedures set forth in this chapter.
This article does not apply to uses and structures which are
lawfully in existence as of the date of effectiveness. Any use which
would otherwise be subject to this chapter that has been discontinued
for a period of two years or more shall be subject to review pursuant
to the terms hereof before such use is resumed. Any use or structure
shall be considered to be in existence, provided that the same has
been substantially commenced as of the date of this chapter and fully
constructed and completed within one year subsequent to that date.
The provisions hereof shall in no way affect the requirements
of any other federal, state or local law or regulation. Where this
chapter is in conflict with any other such law or regulation, the
more restrictive shall apply.
The Planning Board's review of the site plan shall include,
but is not limited to, the following, if applicable:
A. The location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
B. The adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
C. The location, arrangement, appearance and sufficiency of off-street
parking and loading.
D. The adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience and safety.
E. The adequacy of stormwater and drainage facilities.
F. The adequacy of water supply and sewage disposal facilities.
G. The adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
H. The adequacy of fire lanes, other emergency zones and the provision
of fire protection infrastructure.
I. Special attention to the adequacy and impact of structures, roadways
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
J. The overall impact of the project on the neighborhood, including
compatibility of design considerations.
The Planning Board shall conduct a public hearing on the site
plan. Such hearing shall be held and conducted pursuant to Village
Law § 7-725-a.
The Planning Board shall act on the site plan no later than
60 days subsequent to closing of the public hearing on the application
and shall render a decision thereon. In its decision, the Planning
Board may approve, approve with modifications or disapprove the site
plan application. The decision shall be pursuant to a majority vote
of the entire Planning Board at a duly held meeting thereof. The time
period in which the Planning Board must render its decision may be
extended by mutual consent of the applicant and the Planning Board
in writing or on the record of the Planning Board proceedings.
A. Approval. Upon approval of the site plan application and payment
by the applicant of all fees and reimbursable costs due the Village,
the Planning Board Chairperson shall endorse the Planning Board approval
on a copy of the site plan and shall immediately file it and a written
statement of approval with the Village Clerk and the Code Enforcement
Officer. A copy of the written statement of approval shall be mailed
to the applicant by certified mail, return receipt requested.
B. Approval with modifications. The Planning Board may conditionally
approve the site plan application. A copy of the written statement
containing the modifications required by the conditional approval
shall be mailed to the applicant by certified mail, return receipt
requested. After adequate demonstration to the Planning Board that
all conditions have been met and payment by the applicant of all fees
and reimbursable costs due the Village, the Planning Board Chairperson
shall endorse the Planning Board approval on a copy of the site plan
and shall immediately file it and a written statement of approval
with the Village Clerk and the Code Enforcement Officer. A copy of
the written statement of approval shall be mailed to the applicant
by certified mail, return receipt requested.
C. Disapproval. Upon disapproval of a site plan application, the written
decision of the Planning Board shall immediately be filed with the
Village Clerk and the Code Enforcement Officer and a copy thereof
mailed to the applicant by certified mail, return receipt requested.
The written decision shall set forth in full the reasons for disapproval.
D. No timely action. Absence of a decision within the time frame herein
specified shall constitute approval thereof. The Code Enforcement
Officer shall proceed on that basis.
Any person aggrieved by a decision of the Planning Board or
any officer, department, board or bureau of the Village may apply
to the Supreme Court for a 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.
The Code Enforcement Officer shall carry out the duties assigned
by local law or by any additional regulations adopted pursuant to
this chapter. The Code Enforcement Officer shall be responsible for
the overall inspection of site improvements, including coordination
with the Planning Board, the Historic Preservation Commission and
other officers and agencies as prescribed and necessary.
Whenever the circumstances of proposed development require compliance
with this article or with any local law, ordinance or requirement
of the Village, the Planning Board shall attempt to integrate, as
appropriate, site plan review as required herein with the procedural
and submission requirements for such other compliance.
No certificate of occupancy shall be issued until all improvements
shown on the site plan are completed or a sufficient performance guaranty
in the form of a bond or cash escrow has been posted for improvements
not yet completed. The sufficiency of such performance guaranty shall
be determined by the Planning Board after consulting with the Code
Enforcement Officer, Village Attorney and any other appropriate party
or entity.
A site plan approval shall expire one year from the date of
such approval unless actual physical construction has commenced on
the work which was subject to the site plan approval. No work may
commence on any portion of the project subsequent to expiration of
the site plan approval without a new site plan approval based upon
a further application for same. Such further application shall be
subject to all the code provisions and site plan requirements in effect
at the time of the further application. Such further application for
site plan approval shall also be subject to payment of applicable
fee(s) pertaining thereto, without any credit being granted for any
prior fee(s) or costs paid by applicant.