All Board actions with respect to site plan and subdivision applications shall be limited to the strict application of Village Code, Chapter 165, Part 1, Zoning. The sole exceptions for the Board to act at variance with Village zoning shall be in those specific instances where the Board has been provided prior authority within Village Law or Trustee resolution. Except as explicitly provided above, the Board and/or the applicant shall refer all applications found to be at variance with Village zoning to the Village Board of Zoning Appeals.
The Board shall apply and enforce all current
applicable federal, state, county, Town of Smithtown and Village laws,
rules, regulations, codes, covenants and restrictions to all subdivision
and site plan applications, reviews and actions.
A.
The Board shall be responsible for proposing, preparing
and presenting to the Trustees for adoption by the Trustees a Village
Comprehensive Plan and/or Plan updates. This delegation supersedes
Village Code § 20-8C. As used herein, the term "Village
Comprehensive Plan" means the materials, written and/or graphic, including
but not limited to maps, charts, studies, resolutions, reports and
other descriptive material, that identify the goals, objectives, principles,
guidelines, policies, standards, devices and instruments for the immediate
and long-range protection, enhancement, growth and development of
the Village. The Village Comprehensive Plan defined herein shall,
among other things, serve as a basis for land use regulation and infrastructure
development and any plans which may detail one or more topics of a
Village Comprehensive Plan.
B.
In preparing such studies and plans, the Board shall
involve and coordinate with the Trustees, the Board of Architectural
Review, the Building Inspector, as well as the Village Historian,
Engineer, Commissioner of Roads and Attorney.
[Amended 4-15-2015 by L.L. No. 1-2015]
C.
In order to provide for the orderly and timely preparation
of such studies and plans, the Board may request, from time to time,
moratoriums on certain applications, construction or locations eligible
for subdivision or site development, to be enacted by the Trustees.
In such instances, the Board shall set forth the underlying reasons
for proposing the moratorium, as well as the objectives, schedule
and source(s) of funding for completing the study/plan.
