The Board of Trustees shall conduct a public hearing on the
site plan within 62 days of the acceptance by the Board of Trustees
of a completed application for site plan review, which shall be advertised
in the Village's official newspaper at least five days before
the public hearing. When required by General Municipal Law § 239-l
and 239-m, the Board of Trustees shall submit notice of the public
hearing, along with a complete description of the application, to
the Tioga County Planning Board for review.
A.
Within 62 days of the public hearing, the Board of Trustees shall
render a decision. In its decision, the Board of Trustees may approve,
approve with modifications, approve with conditions, or disapprove
the site plan. The time period in which the Board of Trustees must
render its decision can be extended by mutual consent of the applicant
and the Board of Trustees.
(1)
Approval. Upon approval of the site plan and payment by the applicant
of all fees and reimbursable costs due the Village, the Board of Trustees
shall endorse its approval on a copy of the site plan and shall immediately
file it and a written statement of approval with the Village Clerk.
A copy of the written statement of approval shall be mailed to the
applicant by certified mail, return receipt requested.
(2)
Approval with modifications or conditions. The Board of Trustees
may conditionally approve the final site plan. A copy of a written
statement containing the modifications required by the conditional
approval will be mailed to the applicant by certified mail, return
receipt requested. After adequate demonstration to the Board of Trustees
that all conditions have been met, and payment by the applicant of
all fees and reimbursable costs due the Village, the Board of Trustees
shall endorse its approval on a copy of the site plan and shall immediately
file it and a written statement of approval with the Village Clerk.
A copy of the written statement of approval shall be mailed to the
applicant by certified mail, return receipt requested.
(3)
Disapproval. Upon disapproval of the site plan, the decision of the
Board of Trustees shall immediately be filed with the Village Clerk
and a copy thereof mailed to the applicant by certified mail, return
receipt requested, along with the Board of Trustees' reasons
for disapproval.
B.
Expirations and extensions. A site plan approval shall expire one
year after the date of final approval if actual construction has not
been begun by the applicant. "Actual construction" is defined as the
placing of construction materials in their permanent position fastened
in a permanent manner, except that where a basement or cellar is being
excavated, such excavation shall be deemed to be "actual construction."
(1)
The Board of Trustees may, in its sole discretion, upon the applicant's
written request made at least 30 days prior to the expiration of the
initial one-year approval, grant an extension of time within which
to implement the site plan, provided the applicant has made reasonable
efforts to implement the site plan within the original one-year period,
and further provided that no such extension shall exceed one year.
No further extensions shall be permitted.
(2)
An applicant whose site plan has expired may resubmit their application
for a new site plan approval.
