A.
It is the purpose of this article to preserve and
promote the character, appearances and aesthetics of the Village and
to conserve the property values of the Village by providing procedures
for an architectural and preliminary site review of all land developed
and all structures henceforth erected, reconstructed, altered or remodeled
in the Village, and by so doing to:
(1)
Encourage good qualities of exterior building design
and good appearances to relate such design and appearances to the
sites and surroundings of structures.
(2)
Preserve the prevailing aesthetic character of the
neighborhood and countryside and to enhance the same by means of complementary
structures.
(3)
Permit originality and resourcefulness in building
design and appearances which are appropriate to the sites and surroundings.
(4)
Promote and encourage good qualities of architectural
design and utilization of land in the erection and construction of
new structures and the exterior, refurbishing reconstruction or alteration
of existing structures.
(5)
Assure that the design and location of any proposed
structure, or the addition, alteration or reconstruction of any existing
structure, is in harmony with the existing topography of its site
and/or the existing structure as well as the neighboring countryside
and existing property.
(6)
Discourage and prevent such design that would adversely
affect or cause the diminution in value of neighboring property, whether
improved or unimproved.
(7)
Prevent such design and appearances as are unnecessarily
offensive to visual sensibilities, which impair the use, enjoyment,
value or desirability of neighboring properties and the health, safety
and general welfare of the community at large.
B.
The Board of Trustees hereby finds it necessary to
create an Architectural and Preliminary Site Review Board since:
(1)
Structures which are visually offensive or inappropriate
by reason of poor exterior design, poor site layout, monotonous similarity
or striking visual discord or dissimilarity in relation to their site
or surroundings would mar the appearances of their areas and would
adversely affect the desirability of the immediate area and neighboring
areas.
(2)
Such structures would discourage and prevent the most
appropriate development and utilization of land throughout the Village.
(3)
Such structures would impair the use, enjoyment and
desirability and stability of both improved and unimproved property
and are detrimental to the character of neighborhoods, produce degeneration
of the values of real property with attendant deterioration of conditions
affecting the functioning, economic stability, prosperity, health,
safety and morals of the inhabitants of the Village and destroy a
proper relationship between the taxable value of real property and
the cost of municipal services provided therefor.
C.
It is the purpose of this article to prevent these
and other harmful effects and thus to promote the health, safety,
morals and general welfare of the community.
A.
There is hereby created a Board of Architectural and
Preliminary Site Review, referred to herein as the "Review Board,"
consisting of five members and three alternate members, which shall
serve without compensation, to be appointed for a term of two years
by the Mayor with approval of the Board of Trustees. All such members
shall be residents of the Village. At least one such member shall
be an architect with training or experience in architectural design.
In addition, the Mayor may designate a Trustee to be a liaison to
the Review Board. In the event that a member of the Review Board is
absent or otherwise cannot participate at any meeting or public hearing
of the Review Board, such designated Trustee shall have the option
to declare that such Trustee or one of the three alternate members
shall serve as a member of the Review Board and, upon such declaration,
shall sit as an alternate member of the Review Board and may hear
and determine applications as an alternate member of the Review Board.
The Board of Trustees shall have the authority, by resolution, to
establish regulations defining the conditions under which such alternate
members shall serve.
[Amended 11-17-1998 by L.L. No. 4-1998; 4-19-2005 by L.L. No. 4-2005]
B.
A Chairman and Vice Chairman of the Review Board shall
be appointed by the Mayor with approval of the Board of Trustees.
C.
The Mayor, subject to the approval of the Board of
Trustees, shall fill any vacancy which occurs in the Review Board
for the remaining unexpired term of the person replaced.
D.
The Superintendent of Buildings shall act as advisor
to the Review Board of Architectural Review, and he shall not have
a vote.
E.
Secretary to Board of Architectural and Preliminary
Site Review.
[Added 3-22-2000 by L.L. No. 1-2000; amended 8-15-2000 by L.L. No. 7-2000]
(1)
The position of Secretary to the Board of Architectural
and Preliminary Site Review is hereby created. Such Secretary shall
have such duties as are specified by the Board of Architectural and
Preliminary Site Review by appointment and shall serve at the pleasure
of that Board. Such duties may include the following:
(a)
Set up and maintain files for Board of Architectural
and Preliminary Site Review.
(b)
Act as liaison between the Building Department
and the Board of Architectural and Preliminary Site Review.
(c)
Receive mail, fax transmissions and telephone
calls for members of the Board of Architectural and Preliminary Site
Review.
(d)
Review all applications and plans submitted
by applicants to verify that all necessary documents are included.
(e)
Set up agendas for meetings and notify Board
members and applicants of hearing dates.
(f)
Notify applicants of decisions and/or the need
for resubmission of documents.
(2)
The Board of Trustees shall establish the compensation
for the position of Secretary to the Board of Architectural and Preliminary
Site Review by resolution.
A.
Meetings of the Architectural and Preliminary Site
Review Board shall be held monthly at the call of the Chairman of
the Review Board or at such times as the Review Board shall determine.
The meetings of the Review Board shall be open to the public. A majority
of the members of the Review Board shall constitute a quorum for the
transaction of business. Approval of any plans shall be done by at
least three members signing the plans on which the architect's or
professional engineer's signed seal appears, and the notation shall
be made on the plan "Approved Plan." The Review Board shall keep minutes
of its proceedings, showing the vote of each member on each question
or, if absent or failing to vote, indicating such fact, and shall
also keep records of its examinations and other official actions.
B.
The Review Board shall have the power from time to
time to adopt, amend and repeal rules and regulations not inconsistent
with law or the provisions of this article the transaction of governing
its procedure and its business and for the purpose of carrying into
effect the standards enumerated in this article. Such action shall
be taken after public hearing. Every order, requirement, decision
or determination of the Review Board shall be filed in the office
of the Village Clerk and shall be a public record.
C.
The Review Board shall review and decide on all of
the following:
(1)
All applications for the construction of any new building
or structure.
(2)
All applications for alterations or additions to any
building or structure.
(3)
Repainting, residing or altering of the exterior of
any building or structure which results in a change of color or materials,
except one-family residences and two-family residences.
(4)
Design of exterior signs.
(5)
New land use or any altered land use requiring a variance
or a special permit.
[Amended 12-21-2004 by L.L. No. 14-2004]
A.
Review of plans.
(1)
A preliminary conference may be held between the Review
Board and the applicant prior to the preparation and submission of
a formal submission. The intended purpose of such a conference is
to enable the applicant to inform the Review Board of his proposal
prior to the preparation of a detailed submission and to provide the
Review Board with an opportunity to review the basic design concept,
to advise the applicant as to potential problems and concerns and
to generally determine the information to be required on the formal
submission.
(2)
The Review Board may waive any of the requirements
of this section where, due to character, size, location or special
circumstances, either the preliminary conference or any particular
information is not required in order for the Review Board to properly
perform its review.
(3)
No building permit for any building or structure subject
to this article shall be issued unless it shall first have been approved
by a vote of at least a majority of the members of the Review Board.
(4)
Final approved maps or plans, materials and specifications
may not be altered in any way without the express prior approval of
the Review Board. Any requested changes of the approved plans or maps
must be submitted for review at least seven days prior to the next
regularly scheduled meeting of the Review Board, and no construction
work involving such changes shall be commenced or continued until
approval of the Review Board is granted. The Superintendent of Buildings
shall, in cases of violation of this procedure, order all work to
be halted and, if necessary, revoke the building permit until such
time that amended plans or maps are approved by the Review Board.
This section may also be enforced by the Board of Trustees by means
of injunction. If the Village proceeds by injunction and is successful,
reasonable attorneys' fees, engineering fees and other expert witness
fees shall be paid by the defendant.
B.
Standards for review.
(1)
In considering an application, the Review Board shall
take into account the density of development, lot area coverage on
all habitable levels of the proposed construction, floor/area ratios,
skyplanes (i.e., front yard building height in relation to distance
from property line), natural features of the site and surroundings,
exterior design and appearances of existing structures and the character
of the neighborhood and its peculiar suitability for particular purposes,
with a view to preserving the values of property and encouraging the
most appropriate use of land. The Review Board may, in its discretion,
require that the application include a topographical survey.
[Amended 7-15-2008 by L.L. No. 4-2008]
(2)
The Review Board may approve any application to it
upon finding that the building or structure for which the permit was
requested, if constructed, erected, reconstructed or altered in accordance
with the submitted plan, would be in harmony with the purpose of this
article, would not be visually offensive or inappropriate by reason
of poor quality of exterior design, monotonous similarity or striking
visual discord in relation to the sites or surroundings, would not
mar the appearance of the area, would not impair the use, enjoyment
and desirability and reduce the value of properties in the area, would
not be detrimental to the character of the neighborhood, would not
prevent the most appropriate utilization of the site or of adjacent
land and would not adversely affect the functioning, economic stability,
prosperity, health, safety and general welfare of the entire community.
(3)
In approving any application, the Review Board may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in § 99-50B hereof.
(4)
The Review Board may disapprove any application for a permit, provided that the Review Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan or map and provided that the Review Board finds and states that the structure or building for which the permit was requested would, if erected, constructed, reconstructed or altered as indicated, provide one or more of the harmful effects set forth in § 99-50B hereof by reason of:
(a)
Monotonous similarity to any other structures
or buildings located or proposed to be located in the vicinity in
respect to one or more of the following features of exterior design
and appearance:
[1]
Substantially identical facade, disregarding
color.
[2]
Substantially identical size and arrangement
of either doors, windows, porticos, porches or garages or other opening
or breaks or extensions in the facade, including reverse arrangements.
[3]
Other substantially identical features, such
as but not limited to setbacks from street lines, heights, widths
and lengths of elements of building design and exterior materials
and treatments.
(b)
Striking dissimilarity, visual discord or inappropriateness
with respect to other structures or buildings located or proposed
to be located in the vicinity in respect to one or more of the following
features of exterior design and appearance:
[1]
Facade, disregarding color.
[2]
Size and arrangement of doors, windows, porticos,
porches or garages or other openings, breaks or extensions in the
facade.
[3]
Other significant design features, such as but
not limited to heights, widths, length or elements of design, exterior
materials and treatments, roof structures, exposed mechanical equipment,
service and storage areas, retaining walls, landscaping, signs, light
posts, parking areas, fences and service areas.
(c)
Visual offensiveness or other poor qualities
of exterior design, including but not limited to excessive divergences
of the height or levels of any part of the structure or building from
the grade of terrains, harmony or discord of color or incompatibility
of the proposed structure, building, refurbishing, reconstruction,
alteration or addition with the terrain on which it is to be located
and the failure of the exterior design to complement and enhance the
natural beauty of its site in regard to landscape, topography, surrounding
structures and the scenic character of roadways when visible from
said roadways.
C.
Action on application. Within 90 days of the date
of determination of a completed application by the Review Board, the
Review Board shall approve, approve with modifications or disapprove
the application. The time period in which the Review Board must render
its decision and recommendation may be extended by the Review Board.
The failure of the Review Board or any other reviewing agency to make
a determination within any formal time period shall be deemed a disapproval
or recommendation of disapproval of the application.
A.
Applicability; exceptions.
[Amended 2-3-2004 by L.L. No. 3-2004]
(1)
Prior to the issuance of a building permit in any
zoning district for a new building or structure or an addition thereto
and for the alteration of a building or structure for any new land
use or any altered land use activities requiring a variance or a special
permit, the Superintendent of Buildings shall require site plan approval
in accordance with the provisions of this article. Exceptions to requirements
are:
(2)
The Superintendent of Buildings shall notify an applicant
for a building permit in each case where site plan approval is required.
B.
Sketch plan submission.
(1)
A sketch plan conference shall be held between the
Architectural and Preliminary Site Review Board and the applicant
prior to the preparation and submission of a formal site plan. The
intent of such a conference is to enable the applicant to inform the
Review Board of his or her proposal prior to the preparation of a
detailed site plan and to provide the Review Board with an opportunity
to review the basic site design concept, to advise the applicant as
to potential problems and concerns and to generally determine the
information to be required on the site plan.
(2)
In order to accomplish these objectives, the applicant
shall provide eight copies of the following to the Review Board:
(a)
A statement and sketch drawn to scale showing
the locations and dimensions of the principal and accessory structures;
parking areas (including ingress and egress and curb cuts); signs;
existing and proposed vegetation and other existing topography and
natural features; proposed water supply and sewage and waste disposal
facilities; provisions for storm drainage, recreation and open space;
and zoning calculations.
(b)
An area map showing the parcel under consideration
for site plan review and all properties, subdivisions, streets, rights-of-way
and other pertinent features within 300 feet of the boundaries of
the parcel.
(c)
A topographic or contour map of adequate scale
and detail to show site topography.
(d)
An economic analysis of the project indicating,
as applicable, such information as cost of construction and development,
proposed rental or sales prices, market area, cost and manner of providing
public utilities, etc.
(3)
Notwithstanding Subsections B(1) and (2) above, the Review Board may waive requirements of the sketch plan submission, upon the request of the applicant,where, due to character, size, location or special any particular information or the sketch plan conference is not required in order for the Review Board to properly perform site plan review.
(4)
The submission of documentation for a sketch plan
conference shall be deemed a preliminary submission only and shall
not commence the running of any time periods within which any reviewing
agency or body shall be required to act.
C.
Application for site plan approval.
(1)
Application contents. An application for site plan
approval shall be made, in writing, to the Superintendent of Buildings
and shall be accompanied by supporting information and documentation.
If a sketch plan conference was held, the supporting information shall
include the elements identified by the Review Board at said sketch
plan conference. The site plan shall be prepared by a licensed engineer
or licensed architect. In an appropriate case, the Review Board may
require that specific components of the site plan be prepared by a
licensed landscape architect or licensed surveyor. The applicant for
site plan approval shall submit 15 copies, which shall include the
following information:
(a)
An area map showing the applicant's entire holding,
that portion of the applicant's property under consideration, including
any easements or deed restrictions, and all properties, subdivisions,
streets and areas dedicated to public use within 300 feet of the applicant's
property.
(b)
A map of site topography at two-foot contour
intervals.
(c)
A rendered site plan at one-fourth-inch scale.
(d)
The title of the drawing, including the name
and address of the applicant, the owner and the person responsible
for preparation of such drawings.
(e)
North arrow, scale and date.
(f)
Boundaries to the property plotted to scale.
(g)
Existing buildings and structures.
(h)
Grading and drainage plan, showing existing
and proposed contours, rock outcrops, depth to bedrock, soil characteristics
and watercourses, including top elevations of all site structures.
(i)
Location, design, type of construction, proposed
use and exterior dimensions of all buildings and accessory structures.
(j)
Location, design and type of construction of
all parking spaces and loading areas, showing ingress and egress,
curb cuts, size of such spaces and areas, width of circulation aisles
and distances from property lines and all other requirements of this
chapter.
(k)
Material board showing sample materials of all
paving, curbs, retaining walls, etc.
(l)
Location, design and type of construction of
all pedestrian access.
(m)
Location of outdoor storage, including but not
limited to materials, refuse and similar items.
(n)
Location and design of all existing and proposed
site improvements, including drains, culverts, walls, fences, hedges
and screen plantings and all existing trees on the subject property
which have at least one trunk with a diameter of eight inches or greater,
measured 4 1/2 feet above the ground.
(o)
A description of the method of public water
supply, stormwater and sewage disposal and the location of such facilities
and estimated volumes.
(p)
Location of fire and other emergency zones,
including the location of fire hydrants.
(q)
Location and design of all utilities, including
electrical, gas and solar energy, telephone and cable television.
(r)
Location, size, design and type of construction
of all proposed signs.
(s)
Location and proposed development of all buffer
areas, including existing vegetative cover.
(t)
Location and design of outdoor lighting facilities
and means of illumination showing lighting levels achieved over the
entire site.
(u)
Location and amount of building area proposed
for each intended use, including storage and common areas.
(v)
General landscaping plan and planting schedule
and maintenance program description.
(w)
An estimated project construction schedule and
the total estimated project cost.
(x)
Identification of federal, state, county or
town permits required for the execution of the project and the status
thereof.
(y)
Other elements integral to the proposed development
as considered necessary by the Review Board, including but not limited
to traffic studies, elevations and one block model to scale covering
a three-hundred-foot radius from the site.
(z)
Roof plan showing all mechanicals and screening
for the roof.
(aa)
Maintenance plan for the construction phase
of the project.
(bb)
Part 1 of an environmental assessment form (EAF)
in accordance with the State Environmental Quality Review Act and
Regulations (SEQR).
(2)
The Superintendent of Buildings shall determine whether
the proposed development meets the requirements of all provisions
of this chapter other than those regarding site plan approval. If
the Superintendent of Buildings determines that any variances or special
permits are required, the application shall be rejected pending application
to and approval of the Village Board of Appeals or Board of Trustees
as required. If the Superintendent of Buildings finds the application
to be in order for purposes of preliminary review, he shall submit
the same to the Review Board for purposes of preliminary review. The
Review Board shall determine whether the application is complete.
If the application is not complete, the Review Board shall notify
the applicant of the additional information required.
D.
Factors for consideration during review. The Review
Board's review of a site plan shall include but is not limited to
the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, channelization
structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and pedestrian convenience, including handicapped access.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking spaces and loading areas.
(4)
Location, arrangement, size, design and general compatibility
of buildings, uses, lighting and signs with other buildings and uses
on and in the neighborhood of the site.
(5)
Adequacy of architectural and plant screening and
buffer areas, including the adequacy, type and arrangement of plant
materials (to include trees, shrubs and other landscaping) constituting
a visual-screening and noise-deterring buffer between the proposed
use and adjoining uses or properties and the manner in which new and
existing plant material will contribute to the stated purpose and
development of the buffer.
(6)
In the case of multiple dwelling, the adequacy of
usable open space for playgrounds and informal recreation.
(7)
Adequacy of stormwater and sanitary waste disposal
facilities.
(8)
Protection of existing natural and landscaping features.
(9)
Protection of adjacent properties against noise, glare,
unsightliness or other objectionable features.
(10)
Adequacy of water supply facilities.
(11)
Overall impact on the neighborhood, including compatibility
of design considerations.
(12)
Conformance with the current Village Comprehensive
Zoning Plan.
(13)
Adequacy of overall plan in minimizing harmful effect
upon the environment.
E.
Review Board action on site plan.
(1)
Within 90 days of the date of determination of a completed application by the Review Board, the Review Board shall recommend approval, approval with modifications or disapproval of the site plan, except that where a public hearing is deemed necessary pursuant to Subsection G hereof, the decision and recommendation on the site plan shall be made within 90 days after the public hearing. The time period in which the Review Board must render its decision and recommendation may be extended by the Review Board. The failure of the Review Board or any other reviewing agency to make a determination within any formal time period shall be deemed a disapproval or recommendation of disapproval of the application.
(2)
The decision and recommendation of the Architectural
and Preliminary Site Review Board shall be forwarded to the Village
Board of Trustees.
(3)
In the event that the Architectural and Preliminary
Site Review Board determines that a site plan involves a need for
a variance or special permit, the application shall be deferred by
the Review Board so that the applicant may make application to the
Board of Appeals or the Board of Trustees as appropriate. Where the
Review Board has deferred site plan approval on these grounds, the
Review Board shall convey any information or documents which it deems
appropriate to the Board of Appeals or the Board of Trustees, with
respect to the variance or special permit requested and the Review
Board may convey any opinions or recommendations which it may have
with respect to the application. If the Board of Appeals or the Board
of Trustees grants the variances or special permits, the applicant
may resume the process to obtain site plan approval. The Board of
Trustees may request a final recommendation from the Review Board
concerning an application for a special permit so that the special
permit application may be consolidated or combined with final site
plan review by the Board of Trustees.
F.
Board of Trustees action on site plan.
[Amended 12-21-2004 by L.L. No. 15-2004]
(1)
The Village Board of Trustees shall review all site plan and/or subdivision recommendations of the Review Board and shall independently approve, approve with modifications or disapprove site plans and/or subdivisions based on the factors set forth in Subsection D hereof or any factors deemed appropriate. Such action shall be taken within 90 days of the date of receipt by the Board of Trustees of the recommendations of the Review Board and the application has been determined to be complete by the Board of Trustees. The Board of Trustees may extend this time for one additional ninety-day period.
(2)
For purposes of this section, an application shall not be deemed complete until all final actions shall have been taken pursuant to Subsection E hereof. The failure of the Board of Trustees to act within any stated time period or any extension of such period shall be deemed a disapproval of the application.
G.
Public hearings. The Review Board and/or Village Board
of Trustees and/or Board of Appeals may conduct a public hearing on
the site plan if a majority of the members of any such Board deem
that such a hearing is in the public interest. In the case of any
subdivision, a public hearing shall be held before any recommendation
or action is taken. The applicant shall provide evidence at the hearing
that all record landowners within a three-hundred-foot radius of the
proposed project, as said record owners appear on the most current
tax rolls of the Nassau County Assessor's Office, were notified by
mail not less than 15 days nor more than 30 days before the public
hearing. No hearing before any other board shall diminish the authority
of the Board of Trustees to conduct a public hearing.
[Amended 12-21-2004 by L.L. No. 15-2004]
H.
Reimbursable expenses. No building permit shall be
issued pursuant to the provisions of this article until all expenses
incurred by the Review Board and Board of Trustees for consultation
fees (including but not limited to engineering, architectural and
legal) or other extraordinary expenses in connection with the review
of a site plan are reimbursed to the Village by the applicant. At
the time of application, the applicant shall deposit with the Village
Clerk such amount to cover consultation fees and extraordinary expenses
as shall be established, from time to time, by resolution of the Board
of Trustees. In instances where such expenses are minimal, the requirement
for reimbursement of expenses may be waived by resolution of the Board
of Trustees.
I.
Coordination of related project reviews.
(1)
During the site plan review process, the Review Board
and the Board of Trustees may consult with Village officials, officials
of other governments or agencies and professional consultants.
(2)
Integration of procedures. Whenever the circumstances
of proposed development require compliance with this article and with
any other local law, chapter or requirement of the Village, the Review
Board shall attempt to integrate, as appropriate, site plan review
as required by this article with the procedural and submission requirements
for such other compliance.
(3)
State Environmental Quality Review Act (SEQR). SEQR
shall apply to applications and improvements authorized by this article.
The Village Board of Trustees shall act as lead agency for any action
pursuant to this article. An environmental impact statement shall
be required after the finding of a positive declaration. No final
action shall be taken by the Review Board or Village Board of Trustees
until the provisions of SEQR shall be satisfied.
(4)
Referral of site plan to Nassau County Planning Commission.
Where required by the General Municipal Law, the site plan application
shall be forwarded to the Nassau County Planning Commission for its
review. No final action shall be taken by the Village Board of Trustees
until the Nassau County Planning Commission has issued its report.
J.
Waiver of requirements; additional regulations.
(1)
Waivers. Where the Review Board finds that extraordinary
and unnecessary hardships may result from strict compliance with this
article, it may vary or waive the provisions hereof so that substantial
justice may be done and the public interest secured. Such waiver shall
not have the effect of nullifying the intent and purpose of the current
Village Comprehensive Zoning Plan or any of the other requirements
of this article. At the time of such waiver, the Review Board shall
make findings, to be recorded in the official minutes of the Review
Board, outlining the reasons for such waiver. No waiver so granted
shall be binding upon the Board of Trustees.
(2)
An applicant may, in cases of hardship, apply directly
to the Board of Trustees for a waiver of the provisions of this article.
The Board of Trustees, for good cause shown, may direct that an application
be submitted directly to itself.
K.
Performance bond and demonstration of financial responsibility.
In connection with its site plan review, the Board of Trustees may
require a performance bond in an amount it shall determine to insure
that upon completion of the project all the public improvements shown
on the site plan are completed and furthermore to ensure that, in
the event that the project is abandoned, the project is either completed
or the site is restored to its condition prior to the commencement
of the project. The project shall be deemed abandoned if no substantial
construction is performed on the site for a period of one year and
the site plan approval has expired. The Board of Trustees may also
require documentary demonstration to its satisfaction of the financial
responsibility of the applicant to complete the project.
L.
Expiration of site plan approval. Site plan approval
shall automatically terminate one year after the same is granted by
the Village Board of Trustees unless a building permit has been issued
and there is physical evidence to demonstrate that substantial construction
has taken place and is continuing. Upon application to the Village
Board of Trustees, the site plan approval be extended for additional
one-year periods, upon a showing that the conditions existing at the
time of the approval have not changed and that substantial steps to
commence the project have been lawfully undertaken.
This article shall supersede the provisions
of § 4-412 and Article 7 of the Village Law of the State
of New York, as amended, to the extent that such provisions conflict
with or are contrary to the provisions of this article.
Applicant shall be required to pay the fees and deposits as set forth in the schedule of fees in § 99-62. The payment of any fee or deposit in connection with an application shall be a condition precedent to the acceptance of any application.
