All applications to the Board shall be made
by the owner, or contract vendee, and filed with the Clerk under conditions
hereinafter provided.
Applications shall be deemed submitted on the
date of the first meeting of the Board at which such application is
considered, provided that the applicant or his representative appears
before the Board and requests its approval.
All applications to the Board shall be accompanied
by a fee as established by the Village Board.
Applicants shall furnish satisfactory evidence
of standing to make application to the Board.
[Amended 4-25-1995 by L.L. No. 6-1995]
An application must be filed not later than 23 days prior to the date of the meeting of the Board at which such application will be considered, unless waived by the Clerk of the Board. Any such waiver that may be approved by the Clerk shall not jeopardize fulfillment of the requirement for publication contained in § A319-12 or notification to neighboring property owners contained in § A319-13. Any waivers that may be approved will be at the sole discretion of the Clerk and will be decided on the basis of the complexity of the application, whether the application was held over from a previous meeting, the length of the Board's agenda and the staff work load.
Prior to the date of the hearing at which an
application is to be considered, the Planning Department shall review
such application and the plans which accompany it and shall report
to the Board as to compliance of the application with pertinent laws,
codes, rules and regulations.
An application for a permit for any controlled
activity in a Village freshwater wetlands controlled area shall be
reviewed prior to the hearing by the Environmental Review Officer,
who shall report to the Board on his findings.
All plans for subdivision or site plan submitted
to the Board for approval shall be prepared by and bear the name,
license number and seal of a professional engineer or land surveyor
licensed to practice in the State of New York.
[Amended 9-27-1994 by L.L. No. 11-1994]
In granting approval of any application for
a site plan, special use permit or subdivision, the Board will consider:
A.
Whether the plan is generally consistent with the public health, safety and general welfare and in harmony with the general purpose of Chapter 310, Zoning.
B.
Whether the proposed buildings, lots, blocks or sites
are of such a character and location that they can be used safely
for the purpose and in the manner proposed without danger to health
or peril from fire, flood or other menace.
C.
Whether the connecting streets or access to streets
are designed to relate safely and conveniently to the surrounding
street system and whether the streets be of sufficient width and suitable
grade and suitably located to accommodate the prospective traffic
and to afford adequate light and air.
D.
Whether there is adequate provision and access for
a separate sewer connection and a separate water service line to each
principal building to be erected on such lots, blocks or sites, complying
with the requirements of the Code of the Village of Scarsdale.
E.
Whether such lots, blocks or sites can be adequately
drained without damaging neighboring properties and that due consideration
has been given to Village requirements for tree preservation and to
freshwater wetland protection.
F.
Whether any lot at a distance from the street, as
shown on an approved plat, shall have the access and area requirements
as provided by law.
G.
Whether a site plan, except one submitted under § 7-738 of the Village Law, would accommodate setbacks that the Board may impose under § 310-19 of the Code of the Village of Scarsdale.
H.
Whether there is adequate provision for ingress, egress
and maneuverability of waste collection trucks, fire-fighting equipment
and other traffic, taking into account any existing or potential uses
of the same access for other lots.
I.
Whether there is any reasonable basis for assuming
that a street will later be opened adjacent to any part of such lot
and, if so, whether the proposed use will interfere with any such
street or result in any noncompliance with the provisions of the Zoning
Code in the event that any such street is later opened.
J.
Such other factors as the Board may deem appropriate
and are permitted under applicable laws or regulations.
In approving any application, the Board may
impose such reasonable conditions and safeguards as it may deem appropriate
and are permitted under applicable laws or regulations.
In approving any application, the Board shall make a finding that the proposed action may or will not have a significant impact on the environment. If the Board finds the action may have a significant effect on the environment, it shall require the applicant to follow procedures established pursuant to Chapter 152, Environmental Quality Review.
[Amended 9-27-1994 by L.L. No. 11-1994]
The Board, in approving, modifying and approving
or in disapproving applications for any subdivision, site plan or
special use permit, shall act within 62 days of the time the submission
is accepted for consideration, unless extensions are granted as permitted
by law. For subdivisions, such applications shall be deemed to have
been approved if no decision is made within 62 days from the date
the public hearing was closed, and the Village Clerk will issue on
demand a certificate as to the date of the submission of the application
for approval and the failure to take action thereon within such time.
Such certificate shall be sufficient in lieu of the written endorsement
or other evidence of approval herein required.
