[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale during codification 3-14-1989 by L.L. No. 10-1989 (see Ch. 1, General Provisions, Art. II); amended in its entirety 10-10-1989 by L.L. No. 18-1989. Subsequent amendments noted where applicable.]
[Amended 1-10-2023 by L.L. No. 2-2023; 7-9-2024 by L.L. No. 7-2024]
A. 
Whenever any nonresidential building or any multifamily dwelling is proposed to be erected or enlarged or altered or whenever any dwelling or other structure is proposed to be erected, enlarged or altered on a lot at a distance from the street or on a lot approved by the Planning Board under the provisions of § 7-738 of the Village Law, a site plan for such building shall be submitted to the Planning Board for review and approval, approval with modifications, or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
B. 
Whenever any land-disturbing activity within the adjoining property buffer area, as defined in § 254-4, is proposed, a site plan shall be submitted to the Planning Board pursuant to § 254-10.1 for review and approval, approval with modifications, or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
C. 
Whenever any site disturbance, as defined in § 310-2 of this Code, exceeds the thresholds set forth in § 251-1C(1) below, a site plan shall be submitted to the Planning Board for review and approval, approval with modifications, or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
(1) 
Site disturbance thresholds for site plan review in the following zoning districts shall be as follows:
Zoning District
Thresholds for Site Plan Review
A-5: 5,000 sf min.
50% of lot area
A-4: 7,500 sf min.
45% of lot area
A-3: 10,000 sf min.
40% of lot area
A-2a: 15,000 sf min.
40% of lot area
A-2: 20,000 sf min.
35% of lot area
A-1: 1 acre
30% of lot area
AA-1: 2 acres
30% of lot area
(2) 
The following activities are exempt from the site disturbance thresholds set forth in § 251-1C(1) above.
(a) 
Repairs to any stormwater management practice or facility deemed necessary by the Village Engineer;
(b) 
Routine landscaping maintenance activity in areas that have already been cultivated, including, but not necessarily limited to, the stripping of existing lawn areas followed by the immediate replacement in kind where there are no proposed changes in grade;
(c) 
Repair in kind or repaving of existing walls, driveways, patios, walkways, tennis courts, and swimming pools, provided the parcel is not regraded in the process; and
(d) 
Emergency activity necessary to protect life, property, or natural resources.
D. 
For all construction and other development ("development" as defined in § 167-4 of this Code) to be undertaken within a special flood hazard area (SFHA), as identified in Flood Insurance Rate Maps (FIRMs) and/or Flood Hazard Boundary Maps (FHBM) published by the Federal Emergency Management Agency (FEMA), a site plan shall be submitted to the Planning Board for review and approval, approval with modifications or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
(1) 
The Village Engineer, in its sole discretion, may grant a waiver from receiving site plan approval under this Subsection D, as follows:
(a) 
When site plan approval is not required under any other subsection of § 251-1; and
(b) 
The proposed construction or development would not result in an increase in stormwater surface runoff within a SFHA or FHBM; or
(c) 
The proposed construction or development would not result in an increase in impervious surface coverage within a SFHA or FHBM; or
(d) 
The proposed construction or development would not result in an adverse impact on a wetland, watercourse, water body, or environmentally critical area; or
(e) 
Otherwise impair the objectives of this section or Chapters 167, 171 or 254.
(2) 
The waiver standards set forth under § 251-1D(1) above shall not impair or interfere with the requirements or approvals set forth under Chapters 167, 171 or 254 of this Code.
E. 
For any corner lot within a residential zoning district, where a newly constructed home is proposed, a site plan shall be submitted to the Planning Board for review and approval, approval with modifications, or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
F. 
A demolition site plan, in accordance with § 251-5D, shall be submitted to the Planning Board for review and approval, approval with modifications, or disapproval for i) the demolition, removal, or structural alteration of more than 50% of a one-family dwelling's total exterior walls (measured in linear feet) or ii) the demolition, removal, or structural alteration of more than 50% of a one-family dwelling's total front-yard-facing exterior walls (measured in linear feet). Exterior walls will be deemed to be the subject of "structural alteration" if, in the judgment of the Building Official, there is reasonable cause to believe that the walls will be, or will have to be, substantially replaced during the construction process, or the walls will not survive the construction process intact. Demolition site plan approval shall only be granted after the Committee for Historic Preservation, or the Board of Trustees on appeal, has issued a certificate of appropriateness and, if applicable, such demolition site plan shall be approved at the same time as any other site plan approval required under this Code. If a demolition site plan is required, no demolition permit shall be issued except in conformity with a demolition site plan approved by the Planning Board.
G. 
The construction or enlargement of any residential property in a Residence A Zoning District with a proposed gross floor area of 15,000 square feet or more shall require site plan approval from the Planning Board. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
H. 
Applications for a cluster site plan, pursuant to Village Law § 7-738, shall require site plan approval from the Planning Board. In addition to the requirements and standards set forth in this chapter, such applications shall also comply with § A319-45 of this Code. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
I. 
In accordance with § 310-19 of this Code, site plan approval shall be required for any legal nonconforming interior lot, commonly referred to as a "flag lot." No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
J. 
Site disturbances in the aggregate. For the purposes of Subsections C and F above, demolition, construction, alteration, or improvements proposed in all building permit applications within any thirty-six-month period shall be aggregated to determine if any of the thresholds for "site disturbance" or "structural alteration" have been met.
A. 
In the case of each nonresidential building in any Residence A District, the Planning Board may prescribe:
(1) 
The maximum height of all such buildings, which height shall not be greater than the maximum height of residential buildings permitted by this Code.
(2) 
The maximum percentage of the gross area of the lot which may be occupied by the buildings and improvements.
(3) 
The maximum length and width of all such buildings.
(4) 
The minimum distances which such buildings must set back from front, rear and side lot lines, which distances shall not be less than the minimum distances which residential buildings are required by this Code to be set back from such lot lines in the district in which the lot is located.
(5) 
The minimum number of parking spaces to be provided and maintained on the lot, which number shall not be less than the minimum number required by § 310-70 of Chapter 310, Zoning.
B. 
Such requirements may be prescribed after taking into consideration, among other factors, the general character of the neighborhood, the size and location of buildings in the vicinity, extent and types of uses to be made of the proposed building or buildings and traffic conditions and parking facilities in the area, and such requirements shall be consistent with the public health, safety and general welfare of the community and shall be designed, insofar as practicable, to avoid or minimize:
(1) 
Creation of or seriously aggravating a traffic or other hazard.
(2) 
Any significant impairment of the use, enjoyment or value of properties in surrounding areas.
(3) 
Any incongruous or detrimental change in the prevailing character of the neighborhood.
(4) 
Any deterioration of the appearance of the area.
A. 
If the proposed nonresidential or multifamily building or buildings are designed to expand or enlarge facilities existing on October 11, 1966, and presently used for the same or similar purposes, the Planning Board shall take into consideration, in addition to the above considerations, the following:
(1) 
Changes which have taken place since the erection of such existing building or buildings which have led to the proposed expansion or enlargement.
(2) 
Any anticipated future need for further expansion or enlargement.
(3) 
Whether the proposed expansion or enlargement is for educational, religious or benevolent purposes.
(4) 
Whether any curtailment of or relocation of the proposed or existing facilities would result in unnecessary hardship.
(5) 
Alternatives, if any, and the relative costs thereof available to provide for the proposed expansion or enlargement.
(6) 
The size and shape of the lot, the size, shape and location of existing buildings and the relationship thereto of the proposed expansion or new buildings.
B. 
The Planning Board, in determining the requirements to be imposed in connection with proposed nonresidential and multifamily buildings designed to expand or enlarge existing facilities, shall attempt to establish a reasonable balance between any unnecessary or unreasonable hardship to the users of the existing facilities found to exist after consideration of the factors set forth above and a reasonable modification of the standards otherwise applicable to nonresidential or multifamily buildings.
In the Village Center Area, any application for site plan approval shall be accompanied by a plan indicating how the applicant proposes to mitigate any potential impacts upon parking and traffic conditions which may occur during the period of project construction. Approval of such a plan, with such modifications as may be required by the Planning Board, shall be a required element precedent to site plan approval.
[Added 8-10-2021 by L.L. No. 5-2021; amended 7-9-2024 by L.L. No. 7-2024]
The site plan shall be accompanied by the following:
A. 
A narrative statement detailing the proposed project and site drawing showing the location and dimensions of principal and accessory structures, parking areas, signs (with descriptions), existing and proposed vegetation, and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations and other environmental matters.
B. 
A sketch map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements, and other pertinent features.
C. 
Site plan checklist:
(1) 
Legal data.
(a) 
Section, block, and lot numbers of the property taken from the latest tax records along with a copy of the most recent property card on file with the Assessor's office.
(b) 
Title of the drawing, including the name and address of the applicant and person responsible for preparation of such drawing and the date, and date of revision, if any.
(c) 
North arrow, scale, and location map drawn to a scale of not less than one inch equals 1,000 feet.
(d) 
Survey map accurately reflecting existing conditions and defining precisely the boundaries of the property, setbacks of all structures, location of easements, and such other information as required by the Building Inspector or Village Engineer, including a topographical survey. Such survey shall be certified by a New York State licensed land surveyor no more than one year prior to the date of the application.
(e) 
The locations, names, and existing widths of adjacent streets, including curblines.
(f) 
The location and owners of all adjoining lands as shown on the latest tax records.
(g) 
Copies of:
[1] 
The deed to the property;
[2] 
All easements; and
[3] 
All existing and proposed deed restrictions or covenants applying to the property, including, but not limited to, covenants and agreements restricting the use and establishing future ownership and maintenance responsibilities for all private roads, recreation, and open space areas.
(h) 
Existing and proposed zoning compliance table. Calculations of lot coverage shall be performed pursuant to §§ 310-22 or 310-23 using the prescribed online forms.
(i) 
Any prior land use approvals with respect to the subject property.
(j) 
Any other legal agreements, documents, or information required by the Planning Board.
(2) 
Natural features.
(a) 
As defined in Chapter 171 of the Code, the location of all existing watercourses, intermittent streams, freshwater wetland/watercourse buffer areas, and springs.
(b) 
Topographic data at a minimum contour interval of two feet, showing existing and proposed contours on the property and a minimum of 25 feet into all adjacent properties.
(c) 
Approximate boundaries of any areas subject to flooding or stormwater overflows, including areas of special flood hazard and coastal high-hazard areas.
(d) 
Rock outcroppings and areas of steep slope.
(e) 
Pursuant to § 281-25 of this Code, a tree inventory plan, tree preservation plan, and, if required, a tree removal and replacement plan. In addition, such plans shall show the location and characteristics of the different areas of vegetation and tree canopies, including the identification and species of all individual trees six or more inches in diameter at breast height ("DBH") requiring a tree removal permit pursuant to § 281-4, protected and heritage trees of any size, as well as stands of trees and wooded areas, and tree canopies within areas of proposed disturbance.
(3) 
Existing structures and utilities.
(a) 
Location of all buildings and structures on the premises and approximate location of all neighboring buildings or structures within 100 feet of the lot line.
(b) 
Location of all existing public and private roads, paved areas, and sidewalks.
(c) 
Locations, dimensions, grades, and flow direction of existing sewers, culverts, waterlines, as well as other underground utilities within and adjacent to the property.
(d) 
Other existing site improvements, including, but not limited to, fences, landscape walls, retaining walls, landscaping, and screening.
(e) 
Location of all existing drainage infrastructure, including, but not limited to, swales, drainage easements, dry wells, and basins.
(4) 
Proposed development.
(a) 
Grading and drainage plan, showing existing and proposed contours, new grades indicating clearly how such grades will meet existing grades of adjacent properties or the street, and calculations of expected storm drain loads to be accommodated by the proposed drainage system.
(b) 
Any stormwater management plan required by Chapter 254 of this Code, or that will be required.
(c) 
Location, design, type of construction, proposed use, and exterior dimensions of all buildings, including length, width, ground floor elevation, and height.
(d) 
Location, design, and type of construction of all parking and truck loading areas, showing access and egress.
(e) 
Provision for pedestrian access.
(f) 
Location, size and proposed screening of outdoor storage areas, if any.
(g) 
Location, design, and construction material of all existing or proposed site improvements, including drains, culverts, retaining walls, landscape walls, and fences.
(h) 
Description of the method of sewage disposal and storm drainage location, design, and construction material of such facilities.
(i) 
Description of the method of securing public water and location, design, and construction material of such facilities.
(j) 
All proposed above- and underground utilities.
(k) 
Location of fire and other emergency zones, including the location of fire hydrants.
(l) 
Location, design, and construction materials of all energy distribution facilities, including electrical, gas, and solar energy.
(m) 
Location, size, wording, design, color, illumination, and type of construction of all proposed signs.
(n) 
Location and proposed development of all buffer areas, including existing vegetative cover.
(o) 
Identification of the location and amount of building area proposed for retail sales or similar commercial activity.
(p) 
Landscape plan with a plant schedule that includes the common name, scientific name, height and/or spread, nursery condition, and quantities of all plant material proposed and specifications and details for plant installation and post-planting maintenance.
(q) 
Landscape plan shall include all plantings within five feet of the subject property line and/or within the adjoining property buffer, as defined in § 254-4 of this Code. The landscape plan shall also show all mature trees on neighboring properties that are within 10 feet of the subject property line and have a diameter at breast height ("DBH") of 12 or more inches.
(r) 
Estimate of earthwork showing the quantity of any material to be imported to and/or removed from the site.
(s) 
Description of measures planned to assure proper erosion and sedimentation control.
(t) 
An estimated project construction schedule.
(u) 
Record of application for and approval status of all necessary permits from state and county officials and local utility companies.
(v) 
Identification of any federal, state, or county permits required for the project's execution, including project referrals, if any, and environmental review procedures mandated by Article 8, Environmental Quality Review, of the Environmental Conservation Law (SEQRA).
(w) 
The outlines of any proposed easements, deed restrictions, or covenants.
(x) 
Details outlining tree removal, protection, and replacement plan(s).
(5) 
Other elements integral to the proposed development as deemed necessary by the Planning Board.
D. 
Demolition. When so required by § 251-1F, the following shall be required in connection with site plan approval for demolition:
(1) 
The Planning Board shall not issue site plan approval for any applicable demolition until the Planning Board approves a demolition management plan and site restoration plan. The demolition plan and site restoration plan shall include, but not be limited to:
(a) 
The time frames during which demolition and site restoration may occur and must be completed;
(b) 
A requirement to fill all exposed below-grade areas with soil and to grade the lot to match adjacent grades, all in compliance with Chapter 254, Stormwater Management and Erosion and Sediment Control;
(c) 
A requirement that all aboveground and overhead utilities be removed;
(d) 
Where, upon satisfaction of the conditions provided below, the Planning Board permits foundation and/or other below-grade infrastructure or materials to remain on the lot, a requirement that a survey showing the locations and dimensions of such foundation and below-grade infrastructure and materials to remain after demolition will be filed with the Building Department;
(e) 
A plan to protect trees (including the root systems of trees located on adjacent properties) and other vegetation during demolition operations;
(f) 
A plan showing the extent of the proposed site disturbance, as defined in § 310-4 of this Code, caused by the demolition, including any proposed site disturbance caused by new construction;
(g) 
A post-demolition landscaping plan in accordance with the Planning Board's requirements, which shall include maintenance of such landscaping and a prohibition against bare areas of soil; and
(h) 
A prohibition against chain-link fencing and gates when demolition is complete.
(2) 
If a site plan application for new improvements is pending, no demolition permit may be approved or issued until the new improvements have all required permits and approvals.
(3) 
Where an applicant seeks approval for the foundation and/or other below-grade infrastructure or materials to remain on the lot, the applicant shall submit a certified statement from the applicant's engineer that the foundation and such infrastructure and materials and the methods proposed to cover them are structurally sufficient and will not, under reasonably expected circumstances, cause any instability on the lot within the next 10 years.
(4) 
Exceptions. Where the Building Official determines that the improvement or part thereof creates an immediate threat to the health, safety, or welfare of the community, the Building Inspector may permit demolition to occur without the Planning Board having first issued site plan approval, including a demolition management plan and site restoration plan. The applicant must, either concurrently during demolition or immediately thereafter if it is not feasible to do so concurrently, seek approval from the Planning Board of a site plan and post-demolition site restoration plan, which shall include the same provisions referenced in Subsection D(1) above, and failure to seek such approvals shall be a violation of this Code subject to the penalties set forth in § 310-94 of this Code.
E. 
Waiver of requirements. The Village Planner may waive any of the above submission requirements that it believes to be unnecessary based on the location or scope of the proposed development. Notwithstanding any waiver granted by the Village Planner, the Planning Board may require such information or additional submissions as it deems reasonably necessary to enable it to reach an informed result.
F. 
Processing of applications requiring other approvals. For any application requiring site plan approval which also requires approval from the Board of Appeals or Board of Architectural Review, such application must first be submitted to the Planning Board prior to review by such other Board. No site plan approval or demolition site plan approval may be granted by the Planning Board involving the demolition of a substantial part of any building in the Village, as defined in § 182-3E, unless a certificate of appropriateness has been first granted pursuant to Chapter 182, Historic Preservation. No site plan approval may be granted by the Planning Board pending the ultimate determination of an appeal made pursuant to § 182-11A and B of this Code. Any site plan approval issued by the Planning Board shall incorporate any conditions attached to a certificate of appropriateness. Nothing herein shall be construed to prevent the Planning Board from referring an application to the Committee for Historic Preservation due to a change in circumstance or proposed development. Within 62 days of receipt of a complete application, as determined by the Village Planner, the Planning Board shall refer the application, with or without comments, to the other Boards, as applicable and in such order as determined by the Village Planner. The Planning Board shall not issue site plan approval until any required variances or special permits are issued by the Board of Appeals or any certificate of appropriateness is issued by the Committee for Historic Preservation. Any substantial change to an approved site plan made by the Board of Appeals, Committee for Historic Preservation, or Board of Architectural Review, as determined by the Building Inspector in consultation with the Village Engineer and Village Planner, must be reapproved by the Planning Board.
[Added 7-9-2024 by L.L. No. 7-2024]
A. 
Any residential or commercial construction project that is subject to the site plan review and approval of the Planning Board shall be required to prepare a construction management plan (CMP), unless the Planning Board waives the CMP requirement. The CMP shall be submitted as part of the application for site plan approval and shall be reviewed and approved by the Planning Board and shall be subject to further and final review and approval by the Building Inspector and the Village Engineer, prior to the issuance of any permit for the project.
B. 
The CMP shall include the following information:
(1) 
Schedule. The applicant shall provide a project schedule.
(2) 
Job site, facilities, and storage. The CMP shall include the location on the project site of all loading/unloading areas, job box and material storage areas, portable toilet(s), dumpsters, on-site temporary power, any protective fencing around the job site, any trees and vegetation to be preserved, and any trees and vegetation to be removed. These and any other construction-related facilities shall not be located in the public right-of-way without the prior approval of the Building Inspector.
(3) 
Traffic control plan. The traffic control plan shall identify the path of travel for delivery trucks and emergency vehicles to and from the project site. In addition, all on- and off-site worker parking locations shall be identified, including any carpool pickup and dropoff locations.
(4) 
Staging areas. The CMP shall specify construction staging area locations. The CMP shall also address delivery and construction vehicle staging for the duration of the project. The staging plan shall estimate the number of truckloads, number of heavy equipment deliveries, etc., expected and their timing and duration for each stage of the project.
(5) 
Stone cutting. If stone cutting is proposed to be done on-site, the CMP shall designate the area where stone is to be cut, the approximate number of days of stone cutting, and mitigation measures, including but not limited to noise and dust.
(6) 
Excavated materials. The CMP shall describe the estimated quantity of soil being:
(a) 
Excavated;
(b) 
Disposed off-site;
(c) 
Stockpiled on-site; and
(d) 
How much soil, if any, will be reused on-site.
C. 
Waiver of requirements. The Building Inspector may waive any of the above submission requirements that it believes to be unnecessary based on the location or scope of the proposed development. Notwithstanding any waiver granted by the Building Inspector, the Planning Board may require such information or additional submissions as it deems reasonably necessary to enable it to reach an informed result.
[Added 7-9-2024 by L.L. No. 7-2024]
The following standards are offered to facilitate guidance during the Planning Board's review and evaluation of a site plan. As no two parcels of land are exactly alike, and each proposed site plan introduces a different set of circumstances into the evaluation equation, the factors to be reviewed and the relative weight given to them will vary from site to site. Therefore, these standards are not exclusive nor mandatory, but are to be considered by the Planning Board as they determine, in their sole discretion, is appropriate.
A. 
Landscape and environment. To prevent the unnecessary destruction of the existing landscape and improvements, particular consideration shall be given to the following:
(1) 
Provision for minimal degradation of unique or irreplaceable land types and protection of the water flow of aquifers and other ground watercourses and wetlands;
(2) 
Preservation of desirable land characteristics and significant geological and topographic features;
(3) 
Examination of any proposed change in the topography of the site;
(4) 
Preservation or replacement of existing trees and treescapes, plants, and other vegetation;
(5) 
Preservation and protection of historical, archaeological and landmark areas and structures;
(6) 
Protection of animal and plant life processes; and
(7) 
Underground placement of utility services.
B. 
Relationship of structures and open space. To assure harmony between development and open spaces in the Village, particular consideration shall be given to:
(1) 
Siting of buildings and accessory structures and equipment;
(2) 
Landscape design;
(3) 
Location and layout of walks, drives, and other site features;
(4) 
Preservation of views from the site and from public areas;
(5) 
Provisions of screening around and landscape treatment within open parking and service areas;
(6) 
Relationship and scaling of building design and exterior architectural features to the environment to which it is visually related and to the pedestrian; and
(7) 
Likelihood of nuisances.
C. 
Circulation and parking. To determine that the proposal facilitates safe and appropriate pedestrian access, vehicular traffic movement, servicing, and parking within the Village, particular consideration shall be given to:
(1) 
Vehicle sight lines at street and drive intersections;
(2) 
Provisions for access and movement of fire and emergency vehicles;
(3) 
Width and alignment of drives and access roads and layout of parking and service areas;
(4) 
Location and distance of curb cuts in relation to street intersections;
(5) 
Effect of traffic generated by the proposed development upon surrounding streets, intersections, and off-site parking; and
(6) 
Appropriateness of location, width, and layout of internal circulation to the proposed development.
D. 
Protection of neighbors. To protect owners and users and the Village by providing for such matters as:
(1) 
Surface water drainage;
(2) 
Sound and sight buffers;
(3) 
Natural light and air;
(4) 
Disposal of solid, liquid, and gaseous waste and for avoidance of odors and air pollutants; and
(5) 
Aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses and the functioning of the Village and its services.
E. 
Compliance with other laws and regulations. To coordinate compliance with other standards and local, state, and federal laws and regulations which affect design:
(1) 
The Comprehensive Plan;
(2) 
This chapter and other local laws related thereto;
(3) 
New York State Uniform Code;
(4) 
Utility standards and regulations;
(5) 
Environmental protection laws;
(6) 
Pollution control standards;
(7) 
Noise control standards; and
(8) 
Floodplain regulations.
F. 
Surface water drainage. The Planning Board's review of stormwater management, erosion, sediment, and pollution control shall be in accordance with Chapter 254 of this Code.
G. 
Application to accessory uses. The standards of review prescribed by this section shall also apply to all accessory buildings, structures, freestanding signs, and other site features, however related to primary buildings or structures of a site development.
H. 
The Planning Board may refer matters to other land use boards for review and reporting, and to require performance bonds or other security sufficient to cover the cost of compliance.
[Added 7-9-2024 by L.L. No. 7-2024]
The Planning Board shall have the authority to impose reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of the site plan, any conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village.
[Added 7-9-2024 by L.L. No. 7-2024]
At the time of approving the site development plan, the Planning Board may set forth the time period in which construction is to begin and be completed. Otherwise, a building permit must be applied for within 12 months of site plan approval, construction commenced within 18 months of approval, and a certificate of occupancy obtained by the later of two years from site plan approval or 18 months after issuance of a building permit. The Planning Board may, in its discretion, extend any time period it has previously set where it finds that changing market conditions or other circumstances have acted to prevent the timely commencement or completion of work and that the developer has proceeded with reasonable diligence in an effort to assure completion of the work within the permitted time period. The extension of these time periods shall not require the holding of a new public hearing.
[Added 7-9-2024 by L.L. No. 7-2024]
In the event any of the provisions set forth in Chapter 251 of this Code, concerning site plan review, conflict with any of the provisions of site plan review set forth in Chapter A319 of this Code, this chapter shall control and supersede such inconsistent provision(s).