As used in this article, the following terms
shall have the meanings indicated:
A rendering, drawing or sketch prepared to specifications and containing the necessary elements, as set forth below, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said site plan. Plats showing lots, blocks or sites which are subject to review pursuant to authority provided for review of subdivisions under § 7-728 of the Village Law and Article V of this Part 1 of the Village Code shall continue to be subject to such review and shall not be subject to review as "site plans" under this article.
A.
In addition to any duties previously authorized herein,
the Board is directed to serve as the Village’s lead agency
for the review and approval, with modifications and/or conditions,
or the disapproval of site plans prepared to specifications set forth
herein and/or in regulations of the Board showing the arrangement,
layout and design of the proposed use of the land shown on the site
plan. Such site plan review shall apply to any proposed action for
any land use for which an applicant is required to obtain a building
permit for construction relating to any single parcel lot development
and/or improvements. The elements to be included on site plans shall
consist of the following, where appropriate: those relating to parking,
means of access, screening, signs, landscaping, location and dimensions
of buildings, adjacent land uses and physical features meant to protect
adjacent land uses.
[Amended 11-20-1996 by L.L. No. 1-1996; 2-15-2005 by L.L. No. 4-2005]
B.
In serving as the lead agency for site plan review,
the Board shall involve, consult with and/or receive review input,
as appropriate, from involved Village agencies, including the Board
of Architectural Review; involved Village parties, including the Attorney,
Engineer, Building Inspector, Historian and Commissioner of Roads;
involved outside agencies, including the State Departments of Environmental
Conservation, Health and Transportation, the County Department of
Health, as well as the Joint Village Coastal Management Commission;
and interested parties, including abutting residents and other municipal
jurisdictions.
[Amended 4-15-2015 by L.L. No. 1-2015]
C.
Site plan approval: stormwater pollution prevention plan. A stormwater pollution prevention plan shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XX of this Part 2. The approved site plan shall be consistent with the provisions of Article XX.
[Added 5-16-2007 by L.L. No. 3-2007]
During this review stage, the Board, as lead
agency, will, upon receipt of the application, distribute all or parts
of the submission to the various identified involved agencies and
interested parties requesting a determination of completeness of information
submitted or identification of incomplete information and/or additional
information required. Within 60 days of receipt of the initial application,
the Board will issue to the applicant its formal written completeness
determination. Said determination will provide the applicant with
the Board's response that either the application has been deemed complete
or that the application has been deemed incomplete, citing specific
deficiencies and, as the case may be, additional information required.
This cycle may be repeated until the applicant has provided the Board
with the specific information required in satisfactory form and format
for the issuance of the Board's completeness determination which shall
not be unreasonably withheld.
Notwithstanding any other provision of law to
the contrary, where a proposed site plan does not comply with the
applicable zoning regulations, application may be made to the Zoning
Board of Appeals for variance without the necessity of a decision
or determination by the Board or of another administrative official
charged with enforcement of the Village's zoning regulations.
In addition to any other requirements and conditions
that must be satisfied for issuance of a building permit by the Village
Building Inspector, the issuance of a building permit is hereby conditioned
on the Village's coordinated site plan approval of the Board. The
Board is hereby authorized to adopt such rules and regulations as
it deems necessary, consistent with the provisions herein, to exercise
the powers hereby granted.
A.
Conditions attached to approved site plans. The Board
shall have authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to a proposed site plan.
Upon the Board's approval of said site plan application, any such
conditions must be met in connection with the reviews and approvals
of the Board of Architectural Review and the issuance of permits by
the Village Building Inspector.
B.
Waiver of conditions. The Trustees hereby empower
the Board to waive, when reasonable, any requirements for the approval,
approval with modifications or disapproval of site plans submitted
for approval. Any such waiver may be exercised in the event that any
such requirement is found not to be required in the interest of the
public health, safety or general welfare or inappropriate to a particular
site plan.
The Board shall fix a time for a public hearing
within 60 days from the date that the Board deems a complete application
for site plan approval is filed. Notice of hearing shall be provided
to the applicant or a designated representative, involved agencies
and interested parties, by mailing at least 10 days prior to the scheduled
hearing. The Board shall also provide public notice of such hearing.
The Board shall make its determination on the application within 60
days from the date of the hearing. The time within which the Board
must render its decision may be extended by mutual consent of the
applicant and the Board.
At least 30 days before any public hearing,
the Board shall mail notices thereof to the County Planning Agency,
as required by § 239-m of the General Municipal Law, which
notice shall be accompanied by a full statement of the matter under
consideration, as defined in Subdivision 1 of § 239-m of
the General Municipal Law.
The Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR Part 617, as well as Chapter 81, Environmental Quality Review, of the Village Code. The Board is hereby designated as the lead agency on any application filed pursuant to these provisions.
[Amended 4-15-2015 by L.L. No. 1-2015]
The decision of the Board shall be filed by
the Board Secretary with the Village Clerk, with copies to the applicant,
the Board of Architectural Review, the Village Engineer and the Building
Inspector.
[Amended 5-20-2020 by L.L. No. 2-2020]
[Added 2-15-2005 by L.L. No. 3-2005]
If any part or provision of this chapter or
the application thereof to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances, and the Board of Trustees of the Incorporated
Village of Head-of-the-Harbor hereby declares that it would have passed
this chapter or the remainder thereof had such invalid application
or invalid provision been apparent.
[Added 2-15-2005 by L.L. No. 3-2005]
This chapter shall take effect immediately upon
filing in the office of the Secretary of State of New York.
