[Added 5-29-1985 by L.L. No. 9-1985]
[Amended 5-20-2010 by L.L. No. 1-2010]
No building permit, certificate of completion, certificate of
occupancy or certificate of use shall be issued by the Building Department,
or any Village personnel authorized to issue same, with respect to
any project as to which site development plan approval is required
pursuant to the terms of this chapter, unless and until such approval
has been granted by the Planning Board or the Board of Trustees, as
applicable. Furthermore, no certificate of use, occupancy or completion
shall be issued with respect to any premises unless and until all
requirements and conditions imposed by the Planning Board or the Board
of Trustees, as applicable, with respect to such approval, have been
satisfied. Any and all such requirements and conditions shall be continually
satisfied, as a continuing condition of the validity and enforceability
of any certificate of use, occupancy or completion with respect to
any property for which site development plan approval is required.
Any amendments, modifications or revisions to plans that have been
the subject of site development plan approval must be approved in
the same manner and to the same extent as the original plans were
subject to site development plan approval.
A.
Application for site development plan approval shall
be made prior to making application for a building permit or, in the
case of a use conversion without additional construction, prior to
making application for a certificate of occupancy or use and shall
be submitted to the Board of Trustees at a regular public meeting.
Until such time as a complete application, including all of the information
and documentation in proper form as required, has been received by
the Board, the application shall not be considered as officially submitted.
B.
The application shall be accompanied by a detailed
site development plan prepared by a legally qualified individual or
firm, including, but not limited to, a registered architect or professional
engineer, and shall contain at least the following information:
(1)
A location map showing the applicant's entire property
and adjacent properties and streets at a convenient scale.
(2)
The proposed location, use and architectural design
of all buildings and structures.
(3)
Any proposed division of buildings into units of separate
occupancy.
(4)
Existing topography and proposed grade elevations.
(5)
The location of all existing and proposed parking
and truck-loading areas, with access and egress drives thereto.
(6)
The location of outdoor storage, if any.
(7)
The location and design of all existing and proposed
site improvements, including pavement, walks, curbing, drains, culverts,
retaining walls and fences.
(8)
A description of the method of sewage disposal and
the location of such facilities.
(9)
The location, size and design of all signs.
(10)
The location and proposed development of landscaping
and buffer-screening areas.
(11)
The location, design and proposed hours of operation
of lighting facilities.
(12)
The proposed location, size, design and use
of all temporary structures and storage areas to be used during the
course of construction.
(13)
A signature block for the Board of Trustees
endorsement of approval.
(14)
Any other pertinent information required by
the Board of Trustees which is reasonably related to the health, safety
and general welfare of the community.
A.
The Board of Trustees shall schedule and conduct a
public hearing on each site development plan application within 62
days from the date of the meeting at which it was officially submitted.
Public notice of such hearing shall be given by publication in the
Village's official newspaper at least five days prior to the date
thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Within 62 days of the date of the public hearing,
the Board of Trustees shall act to approve, approve with modifications
or disapprove the proposed site development plan. A copy of the Board's
decision shall, in due course, be filed in the office of the Village
Clerk and with the Building Inspector, and a copy thereof shall be
mailed to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Within 60 days of the date of approval or approval
with modifications, the applicant shall present to the Board of Trustees
a corrected final site plan in reproducible form, including any modifications
required by the Board of Trustees as a condition of its approval.
Upon verification by the Village Engineer that the plan complies with
the requirements of the Board's approval, the plan shall be endorsed
by the Mayor, or Deputy Mayor in absence of the Mayor, and filed with
the Building Inspector.
D.
Right to suspend consideration for violation.
(1)
Notwithstanding any other provision of this section,
the Board of Trustees shall not be required to consider, schedule,
hear or approve any site development plan application if it shall
appear that the applicant has done or permitted to have been done
any act on the subject site in violation of this chapter or any other
chapter of the Code of the Village of Bayville pursuant to which the
Board of Trustees has jurisdiction or may have lead agency status,
provided that the appropriate enforcement officer or employee of the
Village shall also determine that a violation has occurred and has
commenced or is about to commence enforcement proceedings in or before
the appropriate court and/or agency, until any one of the following
events occur:
(a)
The apparent violation has been corrected or
removed, as reported to the Board of Trustees by the appropriate enforcement
officer or employee.
(b)
A final determination has been rendered by the
appropriate court or agency dismissing the enforcement proceedings.
(c)
A final determination has been rendered by the
appropriate court or agency finding the applicant guilty of violating
the Code, the fine or penalty has been paid and the violation has
been corrected, provided that the Board of Trustees may determine
it impossible or impractical to correct the violation and, upon making
that finding, may permit the site plan review process to proceed.
(2)
For the number of days the site plan review process
has been suspended by the Board of Trustees in the manner herein provided,
the time within which the Board must otherwise act with regard to
a site development plan application shall be extended correspondingly.
In preparing its decision concerning any site
development plan application, the Board of Trustees shall consider
the nature, arrangement and appearance of all buildings and uses on
the lot, including their potential impact on adjacent properties,
architectural features and land uses, so that they will have a harmonious
relationship with the existing and planned development of contiguous
lands and adjacent neighborhoods; so that they will have no material
adverse effect upon the desirability of such neighborhoods for the
uses contemplated by this chapter; so that they will be properly related
to the proposals of the Village Development Plan; so that the required
parking and loading spaces are provided; so that pedestrian and vehicular
access, traffic circulation and general layout of the site are properly
planned with regard to the safety of cars and pedestrians using the
site, as well as those on neighboring properties and streets; so that
they will be sited and located to take advantage of solar access insofar
as feasible, including the orientation of proposed buildings with
respect to sun angles and the shading and windscreen potential of
existing and proposed vegetation both on and off the site, and to
consider the impact on solar access to adjacent uses and properties;
and so that the purposes and intent of this chapter will otherwise
be met, to the end that the property values will be conserved, the
most appropriate use of land will be encouraged and the health, safety
and general welfare of the community will be furthered. In acting
to approve, whether with or without modifications, a site development
plan application, the Board of Trustees shall attach such conditions
and safeguards as it deems necessary to assure that the purposes and
intent of those regulations will be complied with.
The Board of Trustees may, on its own initiative,
propose a general or specific site plan for a particular area where
site development plan approval may be required in the future, using
as a guide the requirements of this chapter.
A.
Completion of improvements or filing of bond. After
adoption of a resolution approving a site development plan and before
the plan is endorsed by the Mayor or other duly authorized member,
the applicant shall be required to complete, at his expense and without
reimbursement by the Village or any special district, all public improvements
as shown on the approved construction plans or otherwise specified
in the resolution or, as an alternative, file with the Village Board
a bond in an amount fixed by the Board in its resolution as sufficient
to secure to the Village the satisfactory construction, installation
and completion of the required improvements. Such bond shall state
the period within which the required improvements must be completed,
which period shall be that specified in the Board of Trustees resolution.
All improvements shall be done to the satisfaction of the Board and
in accordance with the approved construction plans and the requirements
of this chapter and any other Village construction standards and specifications.
B.
Failure to complete improvements.
(1)
Where a bond is not filed. If all required improvements
are not completed within the period specified in the Board resolution
of approval, such approval shall be deemed to have expired, unless,
upon request of the applicant, the period has been extended by resolution
of the Board.
(2)
Where a bond is filed. If all required improvements
are not completed within the term specified by the Board and set forth
in the filed bond and if no application for an extension of such period
and bond bas been made by the applicant with the written consent of
the surety company and approved by the Village Engineer, the Village
Board may thereupon declare said bond to be in default and collect
the sum remaining payable thereunder and, upon receipt of the proceeds
thereof, the Village shall install such improvements as are covered
by the bond and are commensurate with the extent of development that
has taken place on the site, but not exceeding in cost the amount
of such proceeds.
C.
Modification of bond.
(1)
Extension of period specified in bond. The period
specified for the completion of all required improvements, as set
forth in the bond, may be extended only by resolution of the Board
upon request by the applicant, with the written consent of the surety
company, setting forth in detail the amount of work which has been
completed, reasons for failure to complete the remainder of the work
within the specified period, the maximum estimated time required to
complete the remainder of the work and the time-period extension which
is requested.
(2)
Reduction of the bond. An applicant may request, in
writing, that the Board authorize a reduction in the amount of the
bond. Such request shall itemize the extent of required improvements
already completed, the estimated cost of improvements remaining to
be completed and the amount of bond reduction requested. It shall
be accompanied by a cost estimate fee in the amount of $100, payable
to the Village of Bayville. Then and after due notice and public hearing,
the Board of Trustees may, if it determines that sufficient required
improvements have been installed to warrant such action, reduce the
face amount of the bond by an appropriate amount so that the new amount
will cover the cost, in full, of all required improvements remaining
to be completed, and any security deposited with the bond may be reduced
proportionately.
D.
Modification of requirements. If at any time, either
before or during the course of construction of the required improvements,
it is determined by the Board of Trustees that unforeseen conditions
make it necessary to modify the location or design of any improvements,
the Board may modify the terms and conditions of the approval so as
to require such changes as may be necessary to comply with the spirit
and intent of the Board's original approval and to conform to accepted
engineering practices. If such modification affects the scope of work
covered by a bond, the Board may require or allow the appropriate
modification of such bond.
A.
The Building Inspector shall be responsible for inspecting
required improvements during construction to ensure their satisfactory
completion and, upon such completion, shall furnish the Board of Trustees
with a statement to that effect. If the Building Inspector determines
that any of the required improvements have not been constructed in
accordance with the approved plan, the applicant shall be responsible
for properly completing said improvements. Failure of the Building
Inspector to carry out inspections of required improvements during
construction shall not, in any way, relieve the applicant or the bonding
company of their responsibilities related to the proper construction
of such improvements.
B.
Inspection fee. To offset the costs incurred by the
Village in conducting inspections, all applicants for approval of
site plans involving the construction of streets, utilities, parking
lots, retaining walls, landscaping and/or other improvements shall
be required to submit an inspection fee, payable to the Village of
Bayville, equal in amount to 3% of the estimated cost of improvements
as determined by the Board of Trustees.
Except for single-family dwellings, public schools, municipal uses of the Village of Bayville and accessory uses permitted thereto, no building permit shall be issued and no building or use shall be established except in conformance with a site development plan approved by the Board of Trustees in accordance with Article XXII of this chapter.
