A.
Where any provision of this article requires site
plan approval and/or development approval plan and subject to the
limitations therein contained, the Planning Board is hereby authorized
to review and approve, approve with modifications or disapprove site
plans and development approval plans. Where site plan approval and/or
development approval plan is required, no building permit shall be
issued and no structure or use shall be established except in conformity
with site plan/development plan approval procedures, and no certificate
of occupancy for such structure or use shall be issued until all the
requirements of such approval and any conditions attached thereto
have been met, nor shall be performed except in accordance with such
site plan. The continued validity of any certificate of occupancy
shall be subject to continued conformance with such approved site
plan/development approval plan and conditions. Revisions of such plans
shall be subject to the same approval procedure.
B.
The elements of a site plan/development approval plan
shall include at least the following: parking, means of access and
egress, screening, signs, landscaping, architectural features, location
and dimensions of buildings, impact of the proposed use on adjacent
land uses, legal data, natural features, surface drainage, existing
structures and utilities, proposed development, construction sequence
and such other elements as may reasonably be related to the health,
safety and general welfare of the people of the Town of Putnam Valley,
as determined by the Planning Board. The Planning Board may waive
such elements as it deems to be not pertinent or necessary for the
proposed development.
C.
In considering and acting upon site plans and development
approval plans, the Planning Board shall take into consideration the
recommendations of the "Master Plan -- 1990 of the Town of Putnam
Valley," the health, safety and welfare of the public in general and
of the residents, employees, visitors or guests of the proposed development
and of the immediate neighborhood in particular and may prescribe
such appropriate conditions and safeguards as may be required in order
that the result of its action shall, to the maximum extent possible,
encourage the most appropriate use of the land, taking into account
the size, location, height, bulk, appearance, character and suitability
of all buildings and facilities; the safety, adequacy and convenience
of vehicular and pedestrian traffic ways, parking and loading areas,
access drives and areas related thereto; and the topography, landscaping
and open spaces in relation to each other, to pedestrian and to vehicular
traffic and to protection of adjacent properties.
D.
Within 62 days after the receipt of a complete application
for site plan approval or development approval plan by the Planning
Board, the Planning Board shall hold a public hearing, which hearing
shall be advertised at least once in the official newspaper of the
Town of Putnam Valley at least five days before such hearing. Within
62 days after the date of such hearing, the Planning Board shall approve,
with or without modifications, or disapprove such site plan or development
approval plan. The concurrent vote of a majority of the total Board
shall be necessary to decide in favor of the applicant. The grounds
for a modification, if any, or the grounds for disapproval shall be
stated in the minutes of the Planning Board. The decision of the Planning
Board shall immediately be filed in the office of the Town Clerk and
a copy thereof mailed to the applicant. Notwithstanding the foregoing
provisions, the time in which the Planning Board must take action
on such site plan or development approval plan may be extended by
mutual consent of the applicant and the Planning Board.
[Amended 4-15-1998 by L.L. No. 5-1998]
E.
Unresolved
violations.
[Added 9-15-2010 by L.L. No. 8-2010]
(1)
No
application for development approval plan or site plan approval shall
be entertained for a property where a Notice of Violation has been
issued under this chapter or any other local law or Ordinance of the
Town unless the granting of such development approval plan or site
plan approval, together with such other approvals as may be required
from the Town, will result in the correction of said violation. Unless
waived by the Planning Board for good cause shown in writing by the
applicant, and except as otherwise stated below, all activities on
the site for which development approval plan or site plan approval
is sought shall cease pending the determination of said application.
(2)
The application and permit fees (including, but not limited to, building permits) for those development approval plans or site plan approval applications subject to Subsection E(1) above shall be double the fees which would apply to an application for which no Notices of Violation are outstanding.
F.
Subdivision
plats and revised lot lines.
[Added 6-20-2018 by L.L. No. 2-2018]
(1)
By
the authority of the Town Board of the Town of Putnam Valley, pursuant
to the provisions of Article 16, § 276, Subdivision 1, of the
Town Law of the State of New York, the Planning Board of the Town
of Putnam Valley, by prior resolution of the Town Board, is authorized
and hereby is reauthorized and empowered, to approve subdivision plats
(“plats”) showing lots, with or without streets or highways.
Additionally, the Planning Board is hereby authorized to approve or
disapprove revised lot lines with or without conditions as the Planning
Board may impose and in accordance with the provisions hereof, and
to approve the development of entirely or partially undeveloped plats
already filed in the office of the Putnam County Clerk, and to approve,
with or without conditions, preliminary and final plats within the
Town of Putnam Valley.
(a)
It is declared to be the policy of the Town Board to consider subdivisions
as part of the orderly and desirable development of land. These regulations
provide procedures and standards for the Planning Board in its review
of subdivision plats. The intent of these regulations is to encourage
the most-appropriate and best development of land in order to protect
and promote the general health, safety and welfare, which is intended
to include the following:
[1]
To assure that land will be subdivided will produce building sites
of such character and area that will permit their development for
homes or buildings without danger to health or peril from fire, flood
or other menace.
[2]
To facilitate the adequate and efficient provision of community facilities,
services and utilities and require the most-desirable and -appropriate
systems for drainage, water supply, sewage disposal and other needed
improvements, including any appropriate parks and playgrounds.
[3]
To promote the safe and convenient circulation of vehicles and pedestrians,
and to promote the efficient design, location and construction of
roads, streets, sidewalks, pathways and driveways so as to accommodate
current and future needs.
[4]
To minimize the destruction of the natural character of the land
and promote the conservation of all elements of topography and vegetation
which contribute to the natural beauty of the land.
[5]
To provide, through all subdivision planning and development, for
the privacy of residents while enhancing the general appearance of
the community.
(2)
Approval
of the Planning Board shall be required for the subdivision of any
lot, tract or parcel of land.
(3)
The
Planning Board shall exercise all powers conferred upon it by the
provisions of the Town Law and Highway Law and shall pass upon all
matters which may be referred to it from time to time by resolution
of the Town Board.
(4)
Such
approval shall be exercised in accordance with the requirements of
the Town Law § 276 et seq., the Code of the Town of Putnam Valley,
the Town Master Plan, and the principles hereinabove set forth.
(5)
The
Planning Board may adopt rules and regulations in respect to procedure
before it and in respect to any subject matter over which it has jurisdiction
under this chapter or any statute after public hearing by such Board.
(6)
The
Planning Board shall have the power and authority to employ experts
and a staff and to pay for their services and such other expenses
as may be necessary and proper, not exceeding the appropriations that
may be hereinafter made for such Board.
