[Amended 2-9-2009 by L.L. No. 3-2009]
The Planning Board may conduct a public hearing
on the site plan. In the event that the Planning Board conducts a
public hearing, such hearing shall be held within 62 days of the receipt
of a complete application for site plan review and shall be advertised
in the Town’s official newspaper or, if there is none, in a
newspaper of general circulation in the Town at least five days before
the public hearing. The applicant and the owners of adjacent properties
(as such owners are identified in the application) shall be mailed
notification of the hearing at least 10 days prior to the date of
the public hearing. The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
A decision on the final application shall be
made within 62 days after closure of the public hearing or, if no
such public hearing is held, within 62 days after receipt of a complete
application for site plan review; however, failure to make a decision
under such time frame shall not be deemed an approval. In its decision,
the Planning Board may approve, approve with modifications or disapprove
the site plan. The decision shall be filed with the Town Clerk within
five business days after such decision is rendered and a copy thereof
mailed to the applicant. The time period in which the Planning Board
must render its decision may be extended by mutual consent of the
applicant and the Planning Board.
A.Â
Approval. Upon approval of the site plan and payment
by the applicant of all fees and reimbursable costs due the Town,
the Planning Board shall endorse its approval on a copy of the site
plan and shall immediately file it and a written statement of approval
with the Town Clerk.
B.Â
Approval with modifications. The Planning Board may
approve the final site plan with modifications. After adequate demonstration
to the Planning Board that all required modifications have been incorporated
in the plan and payment by the applicant of all fees and reimbursable
costs due the Town, the Planning Board shall endorse its approval
on a copy of the site plan and shall immediately file it and a written
statement of approval with the Town Clerk. A copy of the written statement
of approval shall be mailed to the applicant.
C.Â
Disapproval. Upon disapproval of the site plan, the
decision of the Planning Board shall set forth the reasons therefor.
