The Village Board may appoint an enforcement officer to carry out the duties assigned by this chapter or by any additional regulations adopted pursuant to § 265-25 hereof. If appointed, the enforcement officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board and other officials and agencies, as appropriate.
The Planning Board may recommend to the Village Board such further
rules and regulations as it deems reasonably necessary to carry out
the provisions of this chapter.
A.
The Village Board may on its own motion, on petition or a recommendation
of the Planning Board, after public notice and hearing, amend this
chapter pursuant to all applicable requirements of law.
B.
All proposed amendments originating by petition, or motion of the
Village Board, shall be referred to the Planning Board for a report
and recommendation thereon. The Planning Board shall submit its report
within 30 days after receiving such referral. Failure of the Planning
Board to report within the required time shall be deemed to constitute
a recommendation for approval of the proposed amendment. The Village
Board may extend the period of time for such report.
C.
Amendments to the site plan regulations shall apply to all site plans
that have not received final site plan approval.
Whenever a proposed development requires compliance with this
chapter and with any other local law, or requirement of the Village,
the Planning Board shall attempt to integrate, as appropriate, site
plan review with the other applicable procedural and submission requirements.
Any person, corporation, partnership, association or other legal
entity who shall violate any of the provisions of this chapter, or
any conditions imposed by a permit pursuant hereto, shall be guilty
of an offense and subject to a fine of not more than $250 or by penalty
of $250 to be recovered by the Village in a civil action. Every such
person or entity shall be deemed guilty of a separate offense for
each week such violation, disobedience, omission, neglect or refusal
shall continue.
Where the proposed use is subject to the issuance of a special
use permit, the Planning Board shall, for purposes of site plan review,
require only those items necessary to supplement the information required
for the special use permit.
Where the Planning Board finds that, because of special circumstances
of a particular site, extraordinary difficulties may result from strict
compliance with these regulations, it may adjust the regulations so
that substantial justice may be done and the public interest secured,
provided that any such adjustment will not have the effect of nullifying
the intent and purpose of these regulations. In granting any adjustment,
the Planning Board shall attach such conditions as are, in its judgment,
necessary to secure substantially the objectives of the regulations
so adjusted.
[Added 7-24-2006 by L.L.
No. 6-2006]
A.
All projects receiving final Planning Board approval or conditional
Planning Board approval must be commenced within two years from the
time that such approval is granted. For purposes of this section,
commencement of the project shall be deemed to take place when the
applicant has procured a valid building permit.
B.
If a project has not been commenced within two years, then the underlying
Planning Board approval authorizing such project shall be considered
void as if it were never granted. In such instance, the project may
not proceed without further input from the Planning Board. The Planning
Board has the discretion to require further site plan review, an additional
public hearing, further SEQRA[1] review, input from the county pursuant to § 239
et seq. of the General Municipal Law, and any additional measures
felt necessary to reach a determination. In the event that site plan
approval lapses pursuant to this section, the Planning Board may grant
a one-year extension so that the applicant can commence the project.
The application for this extension must be made within two years after
the applicant has received final or conditional Planning Board approval.
In order for this extension to be granted, the applicant must establish
good cause for the delay.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
C.
In order to ensure that projects are in compliance with existing
Code provisions, all projects receiving final or conditional Planning
Board approval, phased or otherwise, must be completed in their entirety
within five years after such approval is given. For purposes of this
section, a project, phased or otherwise, will be deemed completed
upon the procurement of a valid certificate of occupancy for the entire
project. If a project, phased or otherwise, has not been completed
in its entirety within five years, then the underlying Planning Board
approval authorizing such project shall be considered void as if it
were never granted. The Code Enforcement Officer shall not grant any
additional building permits to the applicant without input from the
Planning Board. In such instance, the Planning Board may at its discretion
require further site plan review, an additional public hearing, SEQRA
review, input from the county pursuant to § 239 et seq.
of the General Municipal Law and any other actions necessary to make
a determination regarding this project.
E.
In the event that this section is interpreted to conflict with any
other zoning provisions in the Village of Monticello Code, this section
shall be deemed to take precedence and shall supersede any other provisions.
