The Planning Board may conduct a public hearing on the site plan if
considered desirable by a majority of its members. Such hearing shall be held
within 38 days of the receipt of application for site plan review and shall
be advertised at least five days before the public hearing and shall also
provide a copy to the Town Board.
When required by General Municipal Law §§ 239-l and 239-m,
the Planning Board shall submit notice of the public hearing along with a
complete description of the application to the Tioga County Planning Board
for review.
Within 38 days of receipt of the application for site plan approval
or, if a public hearing is held, within 38 days of public hearing, the Planning
Board shall render a decision. In its decision the Planning Board may approve,
approve with modifications or disapprove the site plan. The time period in
which the Planning Board must render its decision can be extended by mutual
consent of the applicant and the Planning Board.
A.
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. A copy of
the written statement or approval shall be mailed to the applicant by certified
mail, return receipt requested.
B.
Approval with modifications. The Planning Board may conditionally
approve the final site plan. A copy of the written statement containing the
modifications required by the conditional approval will be mailed to the applicant
by certified mail, return receipt requested. After adequate demonstration
to the Planning Board that all conditions have been met, 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 by certified
mail, return receipt requested.
C.
Disapproval. Upon disapproval of the site plan, the decision
of the Planning Board shall immediately be filed with the Town Clerk and a
copy thereof mailed to the applicant by certified mail, return receipt requested,
along with the Planning Board's reasons for disapproval.
