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Back to Zoning Codes
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Article 6: Site Development Plan
- 604.00 Planning Board Action on Site Development Plan
- 605.00 Appeal
- 606.00 Reimbursable Costs
- 607.00 Performance Guarantee
- 608.00 Inspection of Improvements
- 609.00 Integration of Procedures
← Sections 600-603
Section 604.00 Planning Board Action on Site Development Plan
- The Planning Board may conduct a public hearing on the Site Development Plan, if considered desirable by a majority of its members, within forty-five (45) days of the receipt of a complete application for Site Development Plan approval. Notice of the Public Hearing shall be advertised in the official newspaper at least five (5) days before the public hearing.
- Within forty-five (45) days of the receipt of a complete application for site development plan approval, or if a public hearing is held, within forty-five (45) days of the public hearing, the Planning Board shall:
- Approve the application
- Approve the application subject to the applicant's acceptance of the modification(s) proposed by the Planning Board; or
- Disapprove the application
- The time within which a decision must be rendered may be extended by mutual written consent of the applicant and the Planning Board.
- For all applications whose review period has been extended, the Planning Board shall render its decision within the forty-five (45) day extension period in the manner set forth in Section 604.00A.
- For all applications which have been approved, and upon payment of the applicant of all fees and reimbursable expenses due the Village, the Planning Board shall endorse its approval on a copy of the Site Development Plan and shall immediately file the approved plan and its decision in writing with the Village Clerk. This would be considered the legally approved plan and the written decision shall be mailed to the applicant by certified mail, return receipt requested. A copy of the approved plan and the written decision shall be given to the Zoning Enforcement Officer, who may then issue the appropriate permit(s) if the project conforms to all other applicable requirements.
- For all applications which have been approved with modifications, a copy of the Planning Board's written statement of the modifications required for approval shall be mailed to the applicant by certified mail, return receipt requested. Upon adequate demonstration to the Planning Board by the applicant that all condition have been met, and upon payment by the applicant of all fees and reimbursable expenses due the Village, the Planning Board shall endorse its approval on a copy of the Site Development Plan and shall immediately file the approved plan and its decision in writing with the Village Clerk. This shall be considered the legally approved plan with which all development on the site must conform. A copy of the approved plan and the written decision shall be mailed to the applicant by certified mail, return receipt requested. A copy of the approved plan and the written decision shall be given to the Zoning Enforcement Officer, who may then issue the appropriate permit(s) if the project conforms to all other applicable requirements.
- For all applications which have been disapproved, the Planning Board shall clearly state the reasons for such disapproval, and shall immediately file its decision in writing with the Village Clerk. A copy of the written decision shall be mailed to the applicant by certified mail, return receipt requested. A copy of the written decision shall be given to the Zoning Enforcement Officer, who shall then deny the appropriate permit(s).
Section 605.00 Appeal
Any person aggrieved by any decision of the Planning Board or any officer, department, or board of the Village may apply to the New York State Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within thirty (30) days after the filing of the said decision in the office of the Village Clerk.
Section 606.00 Reimbursable Costs
Costs incurred by the Planning Board for the review of an applicant’s proposed site plan, such as for, but not limited to, engineering, legal and technical assistance, shall be required to be paid for by the applicant.
Such payment shall be in addition to any fees or costs associated with the State Environmental Quality Review (SEQRA), which are separate and distinct costs to be paid by the applicant.
Section 607.00 Performance Guarantee
No certificate of occupancy shall be issued until all improvements shown on the Site Development Plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Planning Board in consultation with the Zoning Enforcement Officer or other competent person.
Section 608.00 Inspection of Improvements
The Zoning Enforcement Officer shall inspect and record, photographically or in narrative form, all site improvements, and shall coordinate such inspections with other officials and as appropriate.
Section 609.00 Integration of Procedures
The Planning Board shall, where possible, integrate the Site Development Plan review process with the procedural and submission requirements for other compliances.
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