[Amended 6-21-1999 by L.L. No. 5-1999; 11-19-2007 by L.L. No. 24-2007; 8-21-2012 by L.L. No. 8-2012; 4-16-2013 by L.L. No. 5-2013]
A.
This chapter requires approval by the Planning Board of site plans
for all proposed buildings and uses except the following, for which
the Building Inspector may issue a building permit without any Planning
Board approval provided all requirements of the New York State Building
Code are met:
(1)
One- and two-family detached dwellings on individual lots.
(2)
New nonresidential buildings of less than 1,000 square feet floor
area.
(3)
Additions of less than 20% of the floor area of the original building or 300 square feet of floor area, whichever is greater. See also § 265-6.
(4)
Open uses of land of less than 10,000 square feet, including, for
example, but not limited to, parking lots or storage of materials.
An addition of land area to an open use that would bring the area
in use to 10,000 square feet or more would be subject to these regulations.
(5)
In the B-1 or B-2 Districts only, establishment of a retail or wholesale business or service store; professional business office; or eating or drinking establishment within the footprint of an existing structure that was used previously for one of the uses listed in this Subsection A(5), but not including adult uses as regulated by § 280-38, gas stations, car washes, drive-in establishments and assisted living facilities, which shall remain subject to special use and site plan review.
[Amended 9-4-2019 by L.L.
No. 6-2019]
(6)
Temporary
vacation or transient rental facilities such as Airbnb or similar
short-term rental arrangements shall be permitted in existing dwellings,
subject to having a valid certificate of occupancy and no outstanding
violations. Occupancy of these establishments shall not exceed 30
days per guest or group.
[Added 9-4-2019 by L.L.
No. 6-2019]
B.
Except as provided for in Subsection A herein, no building permit for a building subject to site plan approval shall be issued by the Code Enforcement Official except upon authorization of and in conformity with the site plan approved by the Planning Board. The Planning Board and/or Code Enforcement Official may call upon the Village Engineer or other Village staff or outside consultants for advice at any stage of the site plan approval process. Review costs shall be paid by the applicant through an escrow account established at such time as the Planning Board determines that such services are necessary. Such costs shall be paid by the applicant prior to site plan approval. Failure by the applicant to fund the escrow account in a timely manner shall constitute grounds for the Planning Board to reject or suspend action on said application. Where required by §§ 239-1 and 239-m of the General Municipal Law, site plans shall be referred to the Sullivan County Planning Department. Requirements of General Municipal Law § 239-nn must also have been met where applicable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 8-21-2012 by L.L. No. 8-2012; 4-16-2013 by L.L. No. 5-2013]
This chapter does not apply to uses and structures which are lawfully in existence as of December 17, 2007. Any preexisting use which would otherwise be subject to this chapter that has been discontinued for a period of one year or more shall be subject to review pursuant to the terms of this chapter before such use is resumed, except as provided for in § 265-5 herein. Any use or structure shall be considered to be in existence, provided that the same has been substantially commenced as of December 17, 2007, and fully constructed and completed within one year from December 17, 2007.
This chapter in no way affects the provision or requirements
of any other federal, state or local law or regulations. Where this
chapter is in conflict with any other such law or regulation, the
more restrictive shall apply.
No certificate of occupancy will be issued for any structure
or use of land subject to this chapter unless the structure is completed
or the land is developed or used in accordance with an approved site
plan or approved amendment of any such plan.
