Village of Greenport, NY Article XI Planning Board

§ 150-28 Planning Board established.

A Planning Board, as formerly established, is hereby continued pursuant to § 7-718 of the Village Law, which Board shall have the powers as set forth in § 7-725 of the Village Law[1] and as provided in §§ 150-29 and 150-30 of this chapter.

[1] Editor's Note: Section 7-725 of the Village Law was repealed by P.L. 1992, c. 694, § 3, effective 7-1-1993.

§ 150-29 Conditional uses.

[Amended 2-27-2025 by L.L. No. 2-2025]

A. Conditional use review criteria. Upon application and after notice and any required hearings in accordance with § 150-31 of this chapter, the Planning Board may authorize the issuance by the Building Inspector of a conditional use permit which shall be required for any of the conditional uses for which this chapter requires such permit in the district in which such use is proposed to be located. In approving a conditional use, the Planning Board may prescribe such conditions and safeguards as may be required in its reasonable judgment to further the expressed intent of this Chapter 150 and the provisions set forth below. Subject to § 159-29G, the Planning Board shall only approve a conditional use if, after a public hearing, it determines in its judgment:

(1) That the public health, safety and welfare and the comfort, convenience and order of the Village in general and of the residents of the immediate neighborhood in particular will not be adversely affected in any material respect by the proposed conditional use and its location.

(2) That all proposed buildings, structures, equipment and other property relating to the proposed conditional use are readily accessible for fire and police and other emergency services and that the use and its improvements will not interfere with the provision of these services to the district in which it is proposed to be situated or the immediately surrounding neighborhood.

(3) That the proposed conditional use is of such location, size and character as a) will, in general, be in harmony and compatible with the appropriate and orderly development both of the district in which such conditional use is proposed to be situated as well as the immediately surrounding neighborhood, b) will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties, and c) will enhance the mix of uses or complement the other uses in the immediate vicinity of the proposed conditional use and not interfere with any of those uses.

(4) That the location and size of such conditional use, the nature and intensity of operations involved in, or conducted in connection with, such conditional use, its site layout and its relation to access streets are such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the surrounding area or conflict with the normal traffic of the Village in general and the immediately surrounding area in particular.

(5) That appropriate landscaping, buffering and/or screening will be in place to reduce any impact of the proposed conditional use in respect of noise, light or other potential nuisances and the location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site where the conditional use is to be located are such that the conditional use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

(6) That the number of buildings, structures or dwelling units, as the case may be, comprising such conditional use shall not result in an overcrowding of land or the undue concentration of population.

(7) That the proposed conditional use will not result in environmental or ecological deterioration and is such that it will not have an adverse impact on natural resources of soil, air and water or have another impact that is detailed in 6 NYCRR 617.7 or other environmental or ecological impact.

(8) That the proposed conditional use satisfies all applicable criteria and standards set forth in this Code (or has otherwise received a variance in respect thereto duly issued by the Board of Appeals) and that such conditional use is otherwise consistent with the principles of any then-applicable comprehensive land use and development plans (including the Village's current Local Waterfront Revitalization Plan) as it may be adopted by the Board of Trustees for the Village and will not be detrimental or have an adverse impact on the Village goal of protecting and fostering the working waterfront of the Village and the Village's water-dependent uses.

B. Review considerations. In making the determinations set forth in § 150-29A above, the Planning Board shall take into consideration the impact of the proposed conditional use in respect of the factors set forth below in § 150-30B as applicable to site plan approvals, as well as the following:

(1) The character of the existing and probable development of uses in the district in which such conditional use is to be located and in the immediately surrounding areas of the Village and the peculiar suitability of such district for the location of any such conditional use;

(2) The encouragement of the most appropriate uses of land to ensure a vibrant year-round community in the Village; and

(3) The Village goal of protecting and fostering the working waterfront of the Village and the Village's water-dependent uses.

C. Referrals. Should any conditional use approval involve any of the areas specified in § 150-37 or should any law so require, then the matter shall be referred prior to final action by the Planning Board to the Suffolk County Planning Commission in accordance with §§ 1322 and 1323 of Article XIII of the Suffolk County Charter or as otherwise required by law.

D. Effect of conditional use. Any use for which a conditional use permit may be granted shall be deemed, for the particular conditional use that was granted and on the specific property on which that use is located, to be a conforming use in the district in which such use is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted; provided further that the change of ownership, occupancy or tenancy in respect of any conditional use shall require the application for, and approval of, a new conditional use permit in respect of the continued operation of such conditional use by the new owner, occupant or tenant within 90 days of such owner, occupant or tenant taking over the operation of such use; otherwise on the expiration of the 90 days the permit and conditional use shall cease and the property shall be restored to a permitted use in the district in which that property is located.

E. Term and renewal. The Planning Board may set a term for the conditional use permit on its approval and issuance, and/or may also require that conditional use permits be periodically renewed or reviewed by the Planning Board. Such renewal shall be granted following due public notice and hearing and may be withheld only upon a determination by the Planning Board to the effect that such conditions as may have been prescribed by the Planning Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases a period of 90 days shall be granted the applicant for full compliance prior to the revocation of said permit. If the conditional use permit is issued for a use that has or requires a license from the state or other authority, the Planning Board shall take notice of that in setting the term or required renewal of the permit so as to be coterminous with the expiration of that license.

F. Conditional use and site plan approval. A conditional use authorized pursuant to § 150-29 as part of any site plan approval and undertaken or begun during the period of validity of such approval shall thereafter be deemed lawful, as if the same were permitted by this chapter without a separate independent need for site plan approval, provided that any conditions imposed as part of any site plan or conditional use approval, unless by their express terms of limited duration, shall continue to apply.

G. Conditional use review of preexisting eating and drinking establishments. Notwithstanding § 150-29A and B, to the extent that a conditional use application is filed in respect of any restaurant, bar, tasting room or hotel that was in existence and operating as such as of the effective date of Local Law No. 3 of 2023[1] as a result of any change of control or ownership or any relocation of such restaurant, bar, tasting room or take-out food establishment to a different property, such approval shall be granted by the Planning Board so long as the Planning Board has determined the following:

(1) There has been no pattern of violations of the Greenport Village Code or state or local regulations associated with the applicable business as operated by the predecessor business operator;

(2) No substantial changes are proposed by the new owner/operator of such business with respect to the nature, scale and operating characteristics of the applicable business;

(3) The proposed new operator/owner(s) of such business possesses the resources, background and qualifications to operate such business in accordance with applicable provisions of the Village Code and other state and local regulations; and

(4) There is no evidence that the proposed new operator/owner of such business has operated any similar type of business that has been the subject of routine violations of the Village Code or any other similar local or state laws governing the operation of restaurants, bars, taverns, tasting rooms, take-out food establishments or other similar eating or drinking establishments, including laws governing noise and environmental, health and safety matters.

[1] Editor's Note: Local Law No. 3-2023, which amended this Ch. 150 in its entirety, became effective upon its adoption on 10-19-2023.

H. The fee for a conditional use permit application shall be in an amount as determined from time to time by resolution of the Board of Trustees.

§ 150-30 Approval of site plans.

[Amended 2-27-2025 by L.L. No. 2-2025]

A. Applicability. The purpose of site plan review and approval by the Planning Board is to assess and address the impacts of a proposed development activity on public convenience, the provision of essential services and emergency services, the public health, safety and welfare, traffic flow and parking, and the comfort and convenience of the residents of the Village and their guests and the public in the Village generally and in particular of the residents of the immediately surrounding neighborhood(s). All development activities within the Village shall require site plan review and approval by the Planning Board, except for the following:

(1) Construction or alterations of one-or two-family dwelling units and ordinary accessory structures and related land use activities in the R-1 One-Family Residence District or the R-2 One- and Two- Family Residence District;

(2) Landscaping or grading which is not intended to be used in connection with any other matter expressly reviewable by the Planning Board under the provisions of this chapter;

(3) Development activities relating to the curb cuts and driveways which are subject to the provisions of § 115-13J;

(4) Subdivisions of property which are subject to the provisions of Chapter 118 of this Code; and

(5) Ordinary repair or maintenance or alterations in respect of any building or structure located in the CR Retail Commercial District, the CG General Commercial District or WC Waterfront Commercial District that falls within any of the following criteria: a) any such repair, maintenance or alterations do not require the issuance of a building permit under Chapter 65 or the Uniform Code of the State of New York, b) any such repair, maintenance or alterations will not result in a substantial expansion of the applicable building, structure or any use thereof, or c) such repair, maintenance or alteration relates solely to an apartment dwelling unit in any building or structure located in the CR Commercial Retail District.

B. Review criteria. In reviewing a site plan application submitted to it pursuant to this chapter, the Planning Board shall seek to further the overall purposes and goals of this chapter and of the other applicable provisions of the Village Code and state law. More particularly, the Planning Board shall ensure that any site plan it approves pursuant hereto satisfies the following criteria:

(1) That the proposed site plan satisfies all applicable criteria and standards set forth in this Code (or has otherwise received a variance in respect thereto duly issued by the Board of Appeals) and is otherwise consistent with the principles of any then-applicable comprehensive land use and development plans (including the Village's Local Waterfront Revitalization Plan) as may from time to time be adopted by the Board of Trustees for the Village.

(2) That all proposed buildings, structures, equipment and other property relating to the plan are readily accessible for fire and police and other emergency services and that the use and its improvements will not interfere with the provision of these services to the district in which it is proposed to be situated or the immediately surrounding neighborhood.

(3) That the public health, safety and welfare and the comfort, convenience and order of the Village in general and in particular of the residents of the immediate neighborhood(s) will not be adversely affected in any material respect by the proposed site plan.

(4) That the proposed site plan (including in respect of size and character of buildings and structures forming part thereof) a) will, in general, be in harmony and compatible with the appropriate and orderly development of both the district in which it is located as well as the immediately surrounding neighborhood, and b) will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.

(5) That the site plan and its relation to access streets are such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the surrounding area or conflict with the normal traffic of the Village in general and the immediately surrounding area in particular.

(6) That appropriate landscaping, buffering and/or screening with an obligation to maintain and replace will be in place to reduce any impact of the proposed site plan in respect of noise, light or other potential nuisances and the location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site are such that they will not hinder or discourage the appropriate development and use of adjacent land and buildings.

(7) That the proposed site plan shall not result in overcrowding of land or overburdening of services or public benefits, including but not limited to parking, or the undue concentration of population.

(8) That the proposed site plan is in compliance with the objectives of the current LWRP and will not have a negative impact on the working waterfront or water-dependent uses of the Village.

C. Review considerations. In making the foregoing determinations and reviewing any proposed site plan, the Planning Board shall take into account, among other things, the following:

(1) The compatibility of the elements and uses of the proposed site plan to the site plan of adjacent properties, considering building orientation, proximity and location, site design and general character;

(2) The quality of building design and materials and compatibility of the proposed site plan with the desired character of the district in which the applicable property is located as well as any immediately adjacent neighborhoods;

(3) The extent to which any new construction and/or the renovation or rehabilitation of existing structures proposed as part of such site plan is to be undertaken in a manner that promotes and enhances the historical character and nature of the Village;

(4) The adequacy and arrangement of parking, loading, vehicular traffic and circulation, including intersections, road widths, traffic controls, traffic-calming measures and accessibility to fire and emergency vehicles in respect of the proposed site plan;

(5) The adequacy of fire lanes and other emergency zones and the provisions of fire hydrants in the surrounding area;

(6) The location, arrangement, appearance and sufficiency of on-site off-street parking and loading applicable to the relevant property taking into account surrounding parking and loading zones present in the Village and any parking and loading zones proposed as part of such site plan;

(7) The degree to which the proposed site plan provides for preservation and protection of the aesthetics of the neighborhood, including but not limited to views, noise, light pollution, public access to water, parks and natural resources, natural site features, open spaces and critical environmental resources;

(8) The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining properties which may be required by the Planning Board, including a maintain and replace agreement;

(9) Whether the elements of the proposed site plan are reasonably likely to result in disturbing light, vibration or noise, taking into account the district in which the applicable property is located as well as the immediately surrounding properties and neighborhoods;

(10) The adequacy of stormwater, drainage and erosion management plans included as part of such site plan;

(11) The adequacy and appropriate location of public utility equipment and systems included as part of such site plan;

(12) The adequacy of the proposed waste and trash management plan included as part of such site plan;

(13) The adequacy of snow storage and proposed snow removal plan included as part of such site plan;

(14) The effect of the proposed site plan development on air and water quality standards;

(15) Any capital improvements proposed to be implemented as part of such site plan that will benefit the public and/or provide public amenities, including open space, sidewalks, gardens and the like that will be open to the public;

(16) The extent to which the applicable site plan contemplates that construction and development will comply with LEED (Leadership in Energy and Environmental Design) green building certification standards;

(17) The extent to which the principal contractors being used in connection with the construction activities contemplated by site plan are based within the Town of Southold; and

(18) The potential for adverse effects to the economic stability, prosperity and health, safety and general welfare of nearby property owners and the Village community more generally arising as a result of such site plan.

D. Effect of site plan approval.

(1) No building permit shall be issued for any structure covered by this section until an approved site plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector.

(2) No certificate of occupancy shall be issued for any structure or use of land covered by this section unless all requirements and conditions of the site plan approval have been implemented and an as-built survey, including thereon the location of all buildings, structures and curb cuts, has been submitted to the Building Inspector.

(3) Should any site plan approval involve any of the areas specified in § 150-37, then the matter shall be referred prior to final action by the Planning Board to the Suffolk County Planning Commission in accordance with Article XIII of the Suffolk County Charter.

(4) A site plan approval granted in accordance with the provisions of this chapter shall authorize only the particular lot layout or configuration depicted on the approved site plan. No other lot layout or configuration shall be permitted to be created or maintained.

(5) No building permit or certificate of occupancy shall be issued for improvements authorized by a site plan approval unless the improvements comply with all requirements of this chapter and the applicable site plan approval at the time such building permit or certificate of occupancy, as the case may be, is sought.

E. The fee for a site plan application shall be in an amount as determined from time to time by resolution of the Board of Trustees.

§ 150-30.1 Curb cuts, apron rules and regulations.

[Amended 2-27-2025 by L.L. No. 2-2025]

A. Permit required for curb cuts. A person shall not, either at their own expense or on behalf of another person, make, construct or reconstruct, locate or relocate, re-lay or repair a driveway or curb cut abutting a Village street without first obtaining a curb cut permit to be issued by the Village Building Inspector, or other Village employee so designated by the Village Administrator, after approval of the permit application by the Planning Board.

B. Construction specifications. All curb cuts and driveways shall be constructed as detailed in the plan and specifications included with an approved application.

C. Materials for curb cuts and aprons. All aprons and curb cuts must be constructed in concrete.

D. Application for curb cut permit. Each application for a permit shall be signed and acknowledged by the applicant and shall set forth a fully dimensioned site plan showing the existing and proposed driveways, curbs and sidewalks of the subject property and for the properties located on each side of the subject property. The applicant may only be the owner of the property or a person employed or contracted by the owner with written authorization signed by the owner with the owner's signature notarized.

E. Planning Board review. The Planning Board shall review each application and may approve the issuance of a permit upon compliance by the applicant with the provisions of the Village Code and if the Planning Board determines that:

(1) The proposed driveway entrance or curb cut will not interfere with the orderly and reasonable use of the adjacent properties or the properties across the street from the subject property.

(2) The proposed driveway entrance or curb cut will not create undue interference with vehicular traffic in the adjoining roadway.

(3) The proposed curb cut and driveway entrance or curb cut will not adversely affect the health, safety, welfare, comfort, or convenience of Village inhabitants.

(4) Any other condition considered relevant by the Planning Board.

(5) The issuance of a permit as provided herein does not constitute a waiver of any requirements respecting the subject property which may exist pursuant to statute, law or ordinance.

F. The fee for a curb cut application shall be in an amount as determined from time to time by resolution of the Board of Trustees.

§ 150-31 General review and procedures.

A. Generally. Any person or entity seeking approval of a conditional use or site plan as required pursuant to this chapter shall first submit an application for such conditional use or site plan approval in accordance with this § 150-31. Such application shall be submitted to the Building Inspector and comply with the provisions and requirements set forth below. Such application shall include all documentation required by the Building Department, including at a minimum the items set forth in this section.

B. Pre-submission conferences.

(1) In all cases involving a significant application and, in all other cases, at an applicant's request, a pre-submission conference in respect of an application for conditional use or site plan approval shall be held between the Planning Board and the relevant applicant prior to the submission and acceptance of a formal application for such conditional use or site plan approval. The intent of such a conference is to enable the applicant to inform the Planning Board of the intended plans for the applicable property prior to the preparation and submission of a definitive detailed application and for the Planning Board to review the basic site plan concept design or proposed conditional use and advise the applicant as to potential problems and concerns and to generally determine the information necessary to be submitted in connection with the relevant application.

(2) In order to accomplish the foregoing objectives, the applicant shall provide the following:

(a) A written statement describing the proposed use of the subject property and a rough sketch showing the locations and dimensions of principal and accessory buildings and structures, parking areas (if any), access signs, existing and proposed vegetation and landscaping and other planned features, anticipated changes to the existing topography and natural features and, where applicable, measures and features to comply with flood hazard and flood insurance regulations;

(b) In the case of any application for a conditional use, a brief narrative description of the justification for such conditional use, taking into account the other provisions of this chapter governing the granting of conditional use applications;

(c) An area map showing the property and lot under consideration for review and all properties, streets, rights-of-way, easements and other pertinent features within 500 feet of the boundaries of the applicable property;

(d) A topographic or contour map of adequate scale and detail to show site topography; and

(e) Such other documentation, materials or information as determined necessary by the Planning Board or Building Department.

Materials presented during the pre-submission conference may be incomplete and/or conceptual in design. A formal complete application satisfying the requirements of this chapter shall be required to be considered for approval prior to the taking of any action by the Planning Board.

(3) The Planning Board shall publish notice of any pre-submission conference at least 10 days prior to the scheduled date of the scheduled pre-submission conference, in the official Village newspaper, and if that paper is not available or has been missed, then in a newspaper of general circulation. No additional advertisement shall be required for any adjournment date. In addition, to the extent that any pre-submission conference relates to any significant application, the applicant or their agent shall erect or cause to be erected a sign, which shall be displayed on the parcel for which the pre-submission conference is to be held, facing each public street on which the property abuts, giving notice that a pre-submission conference will be held before the Planning Board and stating the time and place where the conference will be held. The sign shall not be located more than 10 feet from the street line and shall not be less than two nor more than six feet above the natural grade at the street line. A copy of the sign shall be provided to the Planning Board. The sign shall be displayed not less than 10 days immediately preceding the applicable pre-submission conference or any adjournment date. The applicant shall file an affidavit with the Planning Board that he/she has complied with the provisions of this section. Failure to submit such affidavit shall result in the adjournment of the pre-submission conference and reposting pursuant to this section.

(4) Within 10 days following any pre-submission conference, the public may submit written comments to the Planning Board regarding the applicant's proposed project, which comments are relevant to the objectives of the relevant review process as set forth in § 150-29 or 150-30, as applicable, and SEQRA.

(5) Within 45 days following the conclusion of any pre-submission conference (Planning Board has voted that the pre-submission conference has ended), the Planning Board shall issue a report providing the applicant with feedback and/or comments which may include a short description of issues the applicant should address going forward, any additional information the Planning Board may require or wish to review in connection with the proposed application and a brief statement of the Planning Board's approach to the proposed application. The report of the Planning Board issued pursuant to this Subsection B(5) shall be valid for a period of six months from the date of issuance. No further Planning Board action in respect of any significant application will be taken after such expiration until a new pre-submission conference has been held, provided that the Planning Board in its sole discretion may agree to extend the foregoing six-month period for up to a total time of 12 months.

(6) In no way shall any comments or feedback provided by the Planning Board during or in connection with a pre-submission conference be constructed as an indication of decision or be legally binding in any way.

(7) The fee for a pre-submission conference application shall be established, and changed as needed, by resolution of the Village Board of Trustees.

C. Application and decision procedure generally.

(1) Any application for a conditional use approval and/or site plan approval required pursuant to this chapter shall be submitted to the Building Inspector along with the documents and information required pursuant to § 150-31D below and shall be accompanied by the required fees payable in connection with such application as established, and modified from time to time, by resolution of the Village Board of Trustees. Such application shall be submitted to the Building Inspector with not less than nine hard copies and one electronic or PDF copy of the application and all related materials. The deadline for an application shall be a) in the case of any significant application, no later than six months [or such longer period as the Planning Board has consented to pursuant to Subsection B(5) above but in any event no longer than 12 months] after the applicable pre-submission conference was held but in any event at least 30 days prior to the Planning Board meeting at which the applicant desires to be considered, and b) in all other cases, no later than 15 days prior to the Planning Board meeting at which the applicant desires to be considered. The deadline for any supplemental materials and amendments to any application already under review shall be a) in the case of any significant application, at least 15 days, and b) in all other cases, at least seven days, prior to the next regularly scheduled meeting of the Planning Board. An applicant shall have the right to submit an application in respect of any site plan approval that does not constitute a significant approval without having attended a pre-submission conference in such applicant's sole discretion. No applicant shall be entitled to submit any application for approval of a conditional use or site plan if the applicable applicant, related business and/or property is the subject of any open Code violations that are not specifically related to the terms of, and curable by (to the extent approved), the proposed application.

(2) The Building Inspector shall indicate that an application is considered complete and ready for processing only if it is submitted in the required number and form, includes all required materials and is accompanied by the required application fee. The acceptance of an application by the Building Inspector shall in no way be interpreted as a determination of the completeness, adequacy or accuracy of application materials, but rather serve as an acknowledgement to the receipt of the required application materials. The Building Inspector may consult with Village officials, members of the Planning Board and lawyers and other consultants hired to represent the Village or the Planning Board from time to time to confirm the relevant material required. If an application is determined to be inadequate, the Building Inspector shall provide paper or electronic written notice to the applicant, along with an explanation of all known deficiencies that prevent competent review. No further processing of inadequate applications will occur. When the deficiencies are corrected, the application will be placed in the next available processing cycle. If the deficiencies are not corrected within 60 days, the application will be considered withdrawn. An application also will be considered withdrawn if the applicant fails to appear at two consecutive Planning Board meetings without written just cause as deemed so by the Planning Board.

(3) The Planning Board may waive the strict application of submission requirements under this Article XI in the following instances:

(a) Where the application is deemed by the Planning Board to not be a significant application; or

(b) Where the application relates to a proposed conditional use in a building or on property where such conditional use already exists so long as:

[1] The proposed conditional use does not result in a substantial expansion of the use of such building or property in respect of conditional uses;

[2] The proposed conditional use does not result in a parking space requirement greater than the parking space requirement applicable to the current use of the property as set forth in § 150-16;

[3] The proposed conditional use does not result in different, increased, new or additional Health Department requirements; or

(c) Upon a finding that the relevant material is immaterial and/or unrelated to the application and is not necessary in order for the Planning Board to complete an adequate and informed review of the applicable application.

(4) No application shall be deemed complete until any review process required pursuant to the State Environmental Quality Review Act (SEQRA) has been completed or if a positive declaration is made.

(5) Upon receipt of an application, the Planning Board shall have the right to request additional information and shall provide the applicable applicant with prompt notice of any such request. In addition, the Planning Board may seek the opinion of any engineering, architectural, historical, planning, technical, environmental or legal consultant or attorney, or other expert or professional, to assist in it its review of the relevant application, and the costs thereof shall be paid by the applicable applicant in accordance with § 150-40.

(6) The applicant and/or their agent is expected to attend all meetings of the Planning Board at which an application is to be discussed. In all cases, the burden is on the applicant to show that the application complies with the Village Code and other applicable local laws and New York State laws, rules and regulations.

(7) Referrals.

(a) The Planning Board shall make a specific determination that an application is complete and is accepted for consideration. Once an application has been accepted for consideration, the Planning Board may, and shall, in the case of all significant applications, transmit such application and/or solicit comments and review from the Fire Marshal and/or the Greenport Fire Department, the Southold Police Department and such attorneys or other consultants as the Planning Board may deem necessary and appropriate in its judgment to provide input to the Planning Board in consideration of such application.

(b) In the case of any application that requires a variance or a certificate of appropriateness, such application may be subject to preliminary review by the Planning Board prior to any action by the Board of Appeals or the Historic Preservation Commission, but the Planning Board shall not make any final determination until such time as the Board of Appeals and/or Historic Preservation Commission, as applicable, has made a final determination of any related matters before them.

(c) The Fire Marshal and/or the Greenport Village Fire Department shall forward any comments they have in respect of a particular application within 45 days of a request for comment and review. Absence of any response following this period shall be deemed to mean there are no potential adverse impacts on emergency services and no additional requirements are considered necessary in respect of the provision of emergency service for consideration by the Planning Board in its approval of the applicable application. The Fire Marshal and/or the Greenport Village Fire Department shall have the right to request a thirty-day extension of time in responding and shall be accorded such extension upon request.

(d) Site plan applications under some conditions are required to be referred to the Suffolk County Planning Commission under New York State General Municipal Law § 239-l or 239-m. As one or more of those conditions (within 500 feet of a state road, park, boundary of the Village, and other criteria) exist on nearly every commercial property in the Village, and properties for which site plan review would be required, every application for site plan review in the Village shall be referred to the Suffolk County Planning Commission, subject to the provisions of §§ 239-l and 239-m of the General Municipal Law.

(8) Immediately following its determination that an application is complete, the Planning Board shall schedule and hold a public hearing a) in respect of any significant application, and b) in respect of any other application upon its determination that a public hearing is necessary pursuant to requirements of law or otherwise advisable, within 45 days of determining an application is complete. In determining whether a public hearing is advisable, the Planning Board shall consider the degree of the public interest in the application and the extent to which a public hearing can aid the decision-making process by providing a mechanism for collection of relevant data. In the event that a public hearing is not required pursuant to this § 150-31C(8), the Planning Board shall a) pass a resolution at a regular public meeting stating that no public hearing is required in respect of the applicable application, and b) schedule a review and discussion of the applicable application at its next regularly scheduled public meeting.

(9) Notice of any public hearing shall be given to the applicant and be made by publication at least 10 days prior to such hearing in the official newspaper of the Village. In addition to such notice, the applicant shall mail a copy of the public notice by certified mail, return receipt requested, at least 10 days prior to the date of the scheduled public hearing to all owners of property which lies adjacent and/or directly opposite (by extension of lot lines through any street) to that owned by the applicant and relevant to the application as determined by their appearance on the last completed assessment roll of the Village and shall file proof of that mailing with the Building Inspector not less than five days before the scheduled public hearing. The Planning Board may extend the radius of the required mailings to a larger area than required by this section if the Planning Board deems that the mailings to the larger area would be in the best interest of the Village and public.

(10) Within 60 days of conclusion of any public hearing or, if none was held, within 60 days of determining that an application is complete, the Planning Board shall render a decision in respect of the proposed application, taking into account any applicable requirements, conditions and other criteria set forth in this chapter, including the criteria set forth in § 150-29 or 150-30, as applicable. The foregoing sixty-day period may be extended by mutual consent of the applicant and the Planning Board. The Planning Board may approve, approve with conditions or modifications or deny any application. Any applicant who receives approval of an application that is subject to conditions will be required, as a condition of such approval, to execute an affidavit which states that the applicant will notify any new property owners or tenants of the applicable conditions in the event that such applicant sells or leases the related property or business. All decisions of the Planning Board shall be in writing and bear the signature of the Chairperson or Acting Chairperson.

(11) Amendments to any previously approved site plan shall be processed in the same manner as an application for site plan approval in the manner and procedure that an application for an original site plan review is required in this chapter. Any such application shall comply with all applicable requirements under SEQRA.

(12) Time limits.

(a) Any approved site plan application shall be valid for a period of two years from the date of approval. All work proposed on a site plan shall be completed within two years from the date of approval and a valid certificate of occupancy shall have been issued, to the extent applicable, within two years from the date of approval unless a longer period was approved by the Planning Board on the request of the applicant, or the applicant obtains an extension from the Planning Board. If a certificate of occupancy has not been issued, an application may be made for up to a six-month extension of a site plan approval on the application of the applicant, based on good cause demonstrated. If a certificate of occupancy has been issued, then the applicant may apply for up to a two-year extension, which shall be within the discretion of the Planning Board. An extension may be granted by the Planning Board without a hearing, provided there is no change in the use or elements of the site plan and provided that the site has not changed from the original application and approval.

(b) Any approval of a conditional use shall cease to be effective if the relevant use ceases to be in operation for more than 12 consecutive months for any reason.

(c) Revocation.

[1] The Planning Board shall have the right to revoke any site plan or conditional use approval granted pursuant to the terms of this chapter if the applicant or owner violates the conditions of the relevant approval and such violation remains outstanding for a period in excess of 12 consecutive months.

[2] In the event that the Planning Board is considering the revocation of any site plan or conditional use plan, it shall deliver written notice of the proposed revocation to the applicable business, entity or property to which such site plan or conditional use approval has been issued at least 14 calendar days prior to the date of such proposed revocation. The owner of the applicable business may request a hearing on the proposed revocation by submitting a request for hearing, in writing, to the Planning Board within 10 calendar days of receipt of such written notice. A failure to file any such request for hearing shall constitute a waiver of all right to a hearing, and the revocation will be final.

[3] If any owner of a business has requested a hearing with respect to a proposed revocation of a site plan or conditional use approval applicable to such business pursuant to Subsection C(12)(c)[2] above, the Planning Board shall schedule a public hearing at its next regularly scheduled meeting for which notice requirements can be satisfied, which notice requirements shall be the same as for the original public hearing on the application. The proposed revocation shall be deemed to be paused by the Planning Board, provided the public hearing is requested and further provided that the applicant owner or business owner timely complies with all reasonable requests by the Planning Board and provided a good-faith effort is made by the applicant for the hearing. In the conduct of the public hearing and review of the proposed revocation of any conditional use or site plan approval, the Planning Board shall take into account the severity of the actions and/or effects giving rise to the decision to consider revoking such approval and any actions which the applicant proposes to mitigate any adverse effects arising in connection with the applicable activities being engaged in by the business, entity or property and/or the presence of any structures or other deficiencies with respect to the applicable site plan that violate the terms of such site plan or conditional use approval, as applicable. The Planning Board may consider remedial actions, actions of third parties and other relevant information as part of the public hearing. The Planning Board shall give written notice of its final decision in respect of any proposed revocation within 10 calendar days following the holding of such public hearing.

(13) A statement shall be placed on all site plans or conditional use permits approved by the Planning Board to the effect that the owner of the subject property or business agrees to comply with all terms and conditions applicable to the approval thereof and, in the case of any site plan, with the terms and conditions of the approved site plan. A responsible person for any proposed site plan or conditional use shall be required to sign such statement and provide such guarantee if required by the Planning Board in an amount determined by the Planning Board before any written approval will be released by the Planning Board. In the event that the applicable site plan or conditional use permit is not signed by a responsible person within 90 days of the date of the resolution of the Planning Board approving the relevant application, the resolution shall be deemed null and void. The Planning Board may extend the ninety-day period as circumstances require.

(14) Where the Planning Board has included or imposed conditions in an approval of an application for site plan or conditional use approval, no certificate of occupancy shall be issued, nor shall any undertaking or guarantee required in connection therewith be released, until all requirements of any applicable site plan or conditional use approval, including construction of improvements, are completed in a manner satisfactory to the Planning Board.

(15) Where an applicant is seeking both a site plan approval and a conditional use permit, the Planning Board may consider both such applications in tandem and issue its decision on both applications simultaneously except as may otherwise be required pursuant to SEQRA.

D. Required materials. A completed application in respect of a conditional use or site plan shall consist of the following (unless expressly noted to the contrary) (without duplication):

(1) A completed application form, which shall include a narrative description of the particular business and property to which the application relates and identifying the name of the applicant, the relevant property owner and any other controlling parties related to the proposed site plan or conditional use.

(2) An environmental assessment form as required under Chapter 61 of this Code and by 6 NYCRR Part 617. For all actions deemed to be Type II actions in accordance with the New York State Environmental Quality Review Act and its implementing regulations (SEQRA), a short EAF is required. For all Type I SEQRA actions, a full EAF is required. For all unlisted SEQRA actions, a short EAF is required unless the Planning Board or the Building Department determines that a full EAF is required, in which case the applicant shall submit a full EAF.

(3) In the case of any significant application, a community impact report.

(4) In the case of any application for a conditional use for a restaurant, bar, tasting room, take-out food establishment, hotel or motel, a summary of any Village Code or other statutory or regulatory violations for which any controlling person of the entity making the application for such conditional use (or any other property owned by such person or any business operated by such person in the United States) or the applicable business, entity or property that is the subject of the application has received notice of in the immediately preceding five years, together with information as to any resolution of such violations of the Code or other state or local regulations.

(5) A site plan drawn at scale with continuation on pages as necessary for written information and including the following:

(a) Legal data:

[1] Lot, block and section numbers of the property, taken from the latest tax records.

[2] The name and address of the owner of record.

[3] The name and address of the person, firm or organization preparing the map.

[4] The date, North point and written and graphic scale.

[5] A sufficient description of information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.

[6] The locations, names and existing widths of adjacent streets and curblines.

[7] The locations and owners of all adjoining lands as shown on the latest tax records.

[8] The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.

[9] A complete outline of existing deed restrictions or covenants applying to the property.

[10] Existing zoning.

(b) Natural features.

[1] Existing contours at intervals of five feet or less, referred to a datum satisfactory to the Board.

[2] Approximate boundaries of any areas subject to flooding or stormwater overflows.

[3] The location of existing watercourses, marshes, wooded areas, rock out-crops, isolated trees with a diameter of 12 inches or more measured three feet above the base of the trunk and other significant existing features.

(c) Existing structures and utilities.

[1] The location of uses and outlines of structures, drawn to scale, on the lot and within 100 feet of the lot line.

[2] Paved areas, sidewalks and vehicular access between the site and public streets.

[3] The locations, dimensions, grades and flow direction of existing sewers, culverts and water lines as well as other underground and aboveground utilities within and adjacent to the property.

[4] Other existing development, including fences, landscaping and screening.

[5] The location of historic buildings or structures on or adjacent to the site.

(d) Proposed development.

[1] The location of proposed buildings or structural improvements.

[2] The location and design of all uses not requiring structures, such as off-street parking and loading areas.

[3] The location and plans for any outdoor signs.

[4] The location, direction, power and time of use for any proposed outdoor lighting or public-address systems.

[5] The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of water and sewer lines.

[6] Any proposed grading, screening and other landscaping, including types and locations of proposed street trees.

[7] The location of all proposed water lines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal, including pump-out facilities, and treatment.

[8] An outline of any proposed deed restrictions or covenants.

[9] Any contemplated public improvements on or adjoining the property.

[10] If the site plan indicates only a first state, a supplementary plan shall indicate ultimate development.

[11] A drainage plan which demonstrates the containment of surface water runoff on the site during and after construction to ensure that surface water runoff does not discharge into surface water bodies or wetlands or cause flooding.

[12] The location of pedestrian walkways that provide public access to the waterfront in instances where a developer of a waterfront parcel has offered, and the Planning Board has accepted, such access for public use.

(6) In the case of any application for a conditional use in respect of a hotel or motel, a vehicle and pedestrian traffic and safety impact analysis in respect of such hotel or motel from a consultant retained by the Planning Board at the sole cost of the applicant may be obtained by the Planning Board and paid for by the applicant directly or as reimbursement to the Village.

(7) Disclosure affidavits in accordance with New York State General Municipal Law Article 18. Affidavits must be provided by all property owners and applicants. Where the property owner and/or applicant is a limited liability company, all company members shall submit an affidavit. Where the property owner and/or applicant is a homeowners' association, all association board members shall submit an affidavit.

§ 150-31.1 Violations of site plan/conditional use approvals.

It shall be a violation of this chapter for any person to do any of the following:

A. To undertake or commence an activity for which site plan approval is required by the provisions of this chapter without first having obtained such approval.

B. To alter or make improvements to property which is or has been the subject of a site plan approval without adhering to or following the approved site plan.

C. To violate or fail to comply with a condition or requirement of a site plan approval pursuant to this chapter.