[Amended 1-19-1994 by L.L. No. 2-1994]
The Planning Board shall conduct a public hearing on the site
plan within 62 days from the day an application is received on any
matter referred to it under this section. The authorized board shall
mail notice of said hearing to the applicant at least 10 days before
such hearing and shall give public notice of said hearing in a newspaper
of general circulation in the Village at least five days prior to
the date thereof. It shall be the responsibility of the applicant
to notify owners of property within 300 feet of the boundary line
by certified mail, return receipt requested, at least five days before
the public hearing.
[Amended 1-19-1994 by L.L. No. 2-1994; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The Planning Board shall render a decision on the application
within 62 days after such hearing, or after the day the application
is received if no hearing has been held. The decision of the authorized
board shall immediately be filed in the office of the Village Clerk
and a copy thereof mailed to the applicant. Nothing herein shall preclude
the holding of a public hearing on any matter on which a public hearing
is not so required. The time period in which the Planning Board must
render its decision may be extended by mutual written consent of the
applicant and the Planning Board. Notwithstanding the above, final
site plan approval shall not be granted until the provisions of the
New York State Environmental Quality Review Act[1] have been met and §§ 239-l and 239-m of
the General Municipal Law have been met. Requirements of General Municipal
Law § 239-nn must also have been met where applicable.
A.Â
Approval. Upon approval of the site plan, the submittal and approval
of all required documentation, and payment by the applicant of all
fees, back taxes and service charges, and reimbursable costs due the
Village, the Chair of the Planning Board shall endorse the approval
Mylar of the site plan and shall immediately file it and a written
statement of approval with the Village Clerk. A copy of the written
statement of approval shall be mailed to the applicant. The signature
of the applicant and the owner of the property, if different, shall
be placed on the site plan prior to the signature of the Planning
Board Chair.
B.Â
Approval with modifications. The Planning Board may conditionally
approve the final site plan. A copy of written statement containing
the modifications required by the conditional approval will be mailed
to the applicant. After adequate demonstration to the Planning Board
that all conditions have been met, all required documentation has
been submitted and approved, and payment has been made by the applicant
of all fees, back taxes and service charges, and reimbursable costs
due the Village, the Chair of the Planning Board shall endorse the
approval on a copy of the site plan and shall immediately file it
and a written statement of approval with the Village Clerk. A copy
of the written statement of approval shall be mailed to the applicant.
The signature of the applicant and the owner of the property, if different,
shall be placed on the site plan prior to the signature of the Planning
Board Chair.
C.Â
Disapproval. Upon disapproval of the site plan, the written decision
of the Planning Board shall immediately be filed with the Village
Clerk and a copy thereof mailed to the applicant by certified mail,
return receipt requested, along with the Planning Board's reasons
for disapproval.
D.Â
Report to Sullivan County Planning Department (SCPD). In the case
of any application within the jurisdiction of the SCPD under the provisions
of § 239 et seq. of the General Municipal Law, the decision
of the Planning Board shall be sent to the SCPD.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
Any person aggrieved by any decision of the Planning Board or
any officer, department, board or bureau of the Village, may apply
to the New York Supreme Court for a review by a proceeding under Article
78 of the Civil Practice Law and Rules. Such proceedings shall be
instituted within 30 days after the filing of a decision in the office
of the Village Clerk. Under no circumstances shall a decision of the
Planning Board be appealed to the Zoning Board of Appeals.
