A.
At any time before the adoption of a Board resolution
of approval or disapproval, the applicant may amend an application
by filing plans and details of such amendment as shall be required
by the Board or the Code Enforcement Officer. If such amendment does
not change the nature of the application, such amended application
shall be considered without further fee.
B.
If a public hearing on the application has been concluded
before such amendment, the filing of the amendment shall be deemed
to be the filing of a new application, and a public hearing shall
be held on the amended application as if it were a new application.
C.
If a public hearing has not been concluded on the
application before such amendment, the Board shall conduct a further
or continued hearing at least seven days after filing of the amendment
to permit public comment upon the application as amended.
At any time after the adoption of a Board resolution
of approval, the applicant may apply to amend the terms or conditions
of the approval by filing plans for and details of such amendment
as may be required by the Board or the Code Enforcement Officer and
by paying any required fees. Prior to granting any such application
for amendment, the Board shall hold a public hearing thereon on such
notice as may be provided in the rules of the Board.
No application may be made to amend a plan after
the adoption of a Board resolution of disapproval of that plan.
Amendments to permit minor and insubstantial
variations from the final approved plat may be approved during construction
where the same are necessary due to unanticipated field conditions.
Such amendments may be authorized only by written directive of the
Village Engineer, concurred in by the Chair and one additional member
of the Board. The provisions of this section shall not be construed
to permit a field amendment which would violate any provision of the
Village Code.
A.
No final approval of any site plan or plat may be
transferred or assigned, or otherwise dealt with, to permit its use
by any person other than the applicant to whom it was granted, without
the prior approval of the Planning Board. Such approval shall be issued
only upon written application in such form as may be required by the
Board and payment of any required fees.
B.
For the purposes of this section, the transfer, assignment
or other conveyance or encumbrance of more than 25% of the stock of
a corporation which is an applicant or a partner or principal of an
applicant, or a change in general partners of a partnership applicant,
shall constitute a transfer of a final approval.
C.
The Planning Board may approve a transfer of approval
without a public hearing. The Planning Board shall not approve any
such transfer except upon a determination that the transferee is familiar
with the laws, rules and regulations of the Village concerning subdivisions
and development of land and that the transferee is of sufficient character
and experience as the Board shall determine is appropriate to complete
the proposed development in accordance with such laws, rules and regulations
and any conditions imposed upon the approval of such development.
D.
In granting a transfer of approval, the Board may
impose reasonable conditions, including the filing of additional security
for the completion of required improvements.
