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.
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.
