No site development plan approval shall be required for one-family residential use or for additions, alterations or structures accessory thereto unless otherwise specified herein. All other principal uses and all accessory uses shall require a site development plan approval prior to the issuance of a building permit, certificate of occupancy or certificate of use. No lot or parcel of land shall be used except in conformity with an approved site development plan, when required.
In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the prospective occupants of the proposed development and of the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order to further the expressed intent of this chapter and accomplish the following objectives in particular:
A. 
Traffic access. All proposed traffic access will be adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other major access points; and other similar safety considerations.
B. 
Circulation and parking. Adequate off-street parking and loading spaces will be provided to prevent parking of vehicles on public streets. The interior circulation system will be adequate to provide safe accessibility to all required off-street parking.
C. 
Landscaping and screening. All recreation areas, parking and service areas shall be reasonably screened from the view of adjacent residential lots and streets at all seasons of the year.
D. 
Compatibility. Signs and lights will be compatible and in scale with building elements and will not dominate the overall visual impact of the project. Textures of buildings and paved areas will be sufficiently varied to prevent a massive or monolithic appearance, particularly areas of asphaltic paving for parking.
E. 
Environment. The design, layout and operational characteristics of the proposed use will not represent significant impact on the environment or result in a waste of the land and other natural resources of the Village. To the greatest possible extent, development will be in harmony with the natural environment and adequate compensatory devices will be prescribed to offset potential significant deterioration resulting from the project.
F. 
Development. The site development plan elements, including buildings, parking, drainage, circulation, utilities, provision for emergency services, signs and lighting, will not adversely affect the potential of adjacent properties or the property under review from its highest and best use.
A. 
Prior to application for a building permit, certificate of occupancy or certificate of use, where required, site development plan approval shall be secured from the Planning Board. The applicant has the option of choosing between a formal application for approval and an informal submission for review. The site development plan rules and regulations provide detailed specifications as to application materials. For purposes of an informal submission, the applicant should provide as much information as possible, keeping in mind the specific criteria specified in the site development plan rules and regulations. The preapplication review by the Planning Board shall not constitute a formal application, and no approval can be granted based on it. At this time the applicant should outline any modifications that are requested from the requirements specified in the site development plan rules and regulations.
B. 
Submissions for site development plan review shall be made on forms prescribed by the Planning Board and accompanied by a fee in accordance with the Standard Schedule of Fees of the Village of Montebello.[1] Such submission shall be submitted to the Clerk of the Planning Board at least three weeks prior to the Planning Board meeting at which review is sought. The Clerk shall determine if the submission is in proper form and if so shall cause it to be referred to such Village departments, agencies and consultants as are necessary to evaluate the proposal and shall cause a consolidated report to be prepared for the next available Planning Board agenda. Applications not in proper form shall be rejected, in writing, within 10 days after submission. A copy of such rejection shall be sent to the Planning Board.
[1]
Editor's Note: The Standard Schedule of Fees is on file in the Village Clerk-Treasurer's office.
A. 
Prior to a formal application for final site development plan approval, an application for preliminary site development plan approval shall be referred to the Community Development Review Committee (CDRC), for review, pursuant to the procedures of § 195-61. The applicant shall submit all application materials provided for in the site development plan rules and regulations in as much detail as the applicant believes is warranted to enable the CDRC to come to a preliminary conclusion as to the merits of the proposal and readiness for submission to the Planning Board. Should variances from the requirements of this chapter be contemplated, their nature and degree should be specified. The application for preliminary approval shall be made and processed in the manner specified in the preceding section.
[Amended 5-19-2021 by L.L. No. 2-2021]
B. 
The Planning Board will review the proposed plan and may grant concept approval with such conditions as are necessary to ensure conformity of said plans with the general and specific criteria set forth in this chapter and other applicable rules and regulations of the Village of Montebello. The Planning Board shall authorize the setting of a public hearing for consideration of final site development plan approval. In the event that a special permit is required, the Planning Board shall simultaneously consider both applications.
A. 
An application for final site development plan approval shall be made in the same manner as prescribed for preliminary approval as specified in the site development plan rules and regulations.
B. 
The final site development plan and all supporting materials shall be subject to review and consultation in the same manner as the preliminary site development plan. The Planning Board shall conduct a public hearing on the application for final site development plan approval within 62 days from the day a complete application is received. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before such hearing and shall give public notice of said hearing in a newspaper of general circulation in the Village at least five days prior to the date thereof. The Board shall make a determination on the application within 62 days of the close of the public hearing. In the event no determination is made within 62 days and the applicant has not waived the time requirements, the application shall be deemed approved. The Board shall include such conditions of approval as were required and in addition:[1]
(1) 
The Planning Board shall require that on- or off-site improvements be installed, including but not limited to on- or off-site drainage systems to ensure that all drainage, storm runoff and subsurface waters are carried into approved watercourses and drainage systems shown on the Official Map. The Planning Board shall further require that all such off-site improvements and/or drainage systems be installed on property granted to the Village by fee, easement or otherwise, as determined by the Planning Board.
(2) 
No certificate of occupancy or use shall be issued for the site until all the improvements shown on the site development plan, including off-site requirements, required by the site development plan have been duly installed and all easements and property interests granted or dedicated to the Village.
(3) 
A partial certificate of occupancy or use for periods of 90 days, but not more than one year in the aggregate, for a building, structure or part thereof may be issued before all the on-site improvements are complete; provided, nonetheless, that such portion or portions of the site improvements as are necessary to permit the site to be occupied safely without endangering life or the public welfare have been completed. The Building Inspector shall require a cash deposit or letter of credit to ensure and guarantee the completion of the on-site improvements. The Building Inspector shall determine the sum of such cash deposit or letter of credit.
(4) 
The site shall be developed in strict conformity with the approved site development plan except as provided for below. When the approval of a field change (see definition of "field change") is requested of the Building Inspector or other appropriate Village inspection agency, such request shall be submitted to the appropriate inspecting agency in writing. No field change shall be valid unless a copy of the requested change is filed with the Planning Board, with the approval of the appropriate agency noted thereon or appended thereto, within five days of such approval.
(5) 
The Planning Board may require the applicant to deposit with the Village at the time of final site plan approval a sum in accordance with the Standard Schedule of Fees[2] for each tree required by the Planning Board as shown on the site plan.
[2]
Editor's Note: The Standard Schedule of Fees is on file in the Village Clerk-Treasurer's office.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Upon submission of the final site development plan with modifications required by the Planning Board in its final approval, and upon satisfaction of any conditions imposed by such approval, the Chairman of the Planning Board shall sign the approved site development plan and file one copy with the Building Inspector, who may thereafter issue a building permit, certificate of occupancy and certificate of use in reliance thereon in accordance with Article XIV.
An application for an amendment of any approved site development plan for a site which has received prior final site development plan approval shall be processed in accordance with the preceding provisions. However, only those site development plan elements proposed to be modified or changed need be presented, except where such modifications or changes have a material and substantial impact on the balance of the site development plan and functioning of the site. The applicant's licensed design professional shall submit a letter, and a drawing when necessary, indicating the scope of the proposed change no later than 20 days before a Planning Board meeting for a determination by the Planning Board as to whether the proposed amendment shall require a public hearing. Fees for an amended site development plan approval shall be in accordance with the Standard Schedule of Fees of the Village of Montebello.[1]
[1]
Editor's Note: The Standard Schedule of Fees is on file in the Village Clerk-Treasurer's office.
It shall be the duty of every property owner to maintain his property in conformity with the approved site development plan. Failure to do so shall constitute a violation of this chapter.
Site development plan approval shall expire 18 months from the date of approval, unless an application for a building permit has been filed.