In granting or conditioning any approval for proposed site plans,
the Board of Trustees shall consider (as appropriate), but shall not
be limited to, the following:
A. The location size, design and general site compatibility of proposed
buildings, landscaping, lighting, open spaces and buffers and outdoor
waste facilities;
B. The location and adequacy of vehicular access and circulation, including
intersections, road widths, pavement surfaces, off-street parking
and loading areas, and traffic controls;
C. The location and adequacy of pedestrian and bicycle access and circulation,
and appropriate provisions for persons with disabilities;
D. The potential effect of the proposed development on environmentally
sensitive features within the site, such as stream courses, steep
slope areas, mature woodlands, views, wetlands and other bodies of
water;
E. The potential effect of the proposed development on the drainage
patterns on and off site, especially the impact of stormwater runoff
from cleared forest areas, fields, steep slopes, roofs, parking areas,
driveways, and other impervious surfaces;
F. In the case of multiple residence site plans, location and adequacy
of any proposed open space and recreational facilities;
G. Protection of adjacent neighboring properties from any undue disturbance,
such as may be caused by excessive or unreasonable noise, glare, shadow
flicker, vapors, smoke, fumes, dust, odors and stormwater runoff;
H. Compliance with this article and any other applicable laws, rules,
regulations and policies;
I. The adverse impact that the proposed development may have on existing
views by that development requiring any daytime white-strobe or nighttime
red-flashing illumination/marker aviation warning lights that would
be visible;
J. The proposed use is compatible with the character of land uses in
the surrounding area and will not adversely impact the existing or
anticipated future character of the surrounding neighborhood including
viewsheds and scenic districts.
When considering a proposed site plan, whether it is a general
site plan, preliminary site plan or final site plan, the Board of
Trustees may waive one or more items or design details of the plan
that are otherwise normally required to be shown on the plan, if in
its discretion it is determined that the lack of such information
is not a hindrance to the consideration of the proposed site plan.
Any waiver shall be noted in the meeting minutes together with the
reasons therefore.
No certificate of occupancy shall be issued until all improvements
shown on the site plan are installed or a sufficient performance guaranty
has been posted for improvements not yet completed. The sufficiency
of such performance guaranty shall be determined by the Board of Trustees
after consultations with the Code Enforcement Officer, Village Attorney
and other appropriate parties.
Any person aggrieved by any decision of the Board of Trustees
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 decision in the office of the Village
Clerk.