A.Â
Formal applications for site plan approval may be preceded by the
submission of a schematic (or conceptual) plan. The purpose of the
schematic plan is to afford the applicant the opportunity to consult
early and informally with the Planning Board before preparation of
a complete and detailed site plan. The applicant may submit a schematic
plan as many times as may be necessary for presentation to the Planning
Board.
B.Â
The schematic plan shall be submitted to the Planning Board not less
than three weeks prior to the date of the Planning Board meeting at
which it is to be considered and shall be accompanied by a narrative
summary. The narrative summary shall provide a description of the
project which the applicant desires to undertake, the purpose of said
project, a characterization of the neighborhood in which the project
is proposed to be located and the project's conformity with same and
a list of approvals and/or variances and exceptions from the Zoning
Law[1] required to develop said project. The narrative summary
for subsequent submissions shall identify how prior comments have
been satisfied.
C.Â
At the Planning Board meeting, the Board shall review the schematic
plan and may schedule a field inspection of the site. The Board shall
notify the applicant of any suggested changes prior to the preparation
of a complete site plan.
D.Â
The schematic plan shall contain sufficient information for the Planning
Board to determine the general nature of the proposal and its effects
on the Village, including at least the following:
(1)Â
The name and address of the owner.
(2)Â
The name and address of the engineer or architect preparing the plan.
(3)Â
Property boundaries.
(4)Â
North point, scale and date.
(5)Â
Site location map.
(6)Â
Streets on and adjacent to the property.
(7)Â
Significant topographical and physical features.
(8)Â
Proposed general layout of buildings, driveways, parking and loading
areas and buffer areas.
(10)Â
Any additional information recommended by the Planning Board.
A complete site plan application for site plan approval, including
any information required, shall be submitted to the Planning Board
not less than three weeks in advance of the Planning Board meeting
at which the site plan is to be reviewed.
A.Â
The applicant shall submit all application materials outlined below
in as much detail as necessary to enable the Planning Board to come
to a conclusion as to the merits of the application.
(1)Â
One copy of the site plan application with an affidavit of ownership.
(2)Â
Ten copies of the narrative summary of the proposed plan and history
of the property, including identification of any changes made from
the schematic plan.
(3)Â
One copy of the Applicant Notice Form.
(4)Â
A letter from the Building Inspector, not less than 60 days old,
stating whether or not any violations exist on the property.
(7)Â
Ten copies of the site plan with the information listed in § 228-5D of these regulations in addition to any other information required by the Planning Board. More copies may be required depending on the number of referrals to be made for review and recommendations of approval.
(8)Â
Ten copies of single-line building floor plans and elevations.
(9)Â
Three sets of color photos depicting the streetscape immediately
adjacent to the project site, including any adjacent buildings.
(11)Â
A list of any covenants, deed restrictions, easements or other
reservations of land relative to the site, in addition to that not
able to be shown on the final site plan.
(13)Â
All required federal, state and County permits (United States
Army Corps of Engineers, New York State Department of Environmental
Conservation, New York State Department of Transportation, New York
State Thruway Authority, Rockland County Drainage Agency, Rockland
County Planning Department, Rockland County Highway Department, Rockland
County Health Department).
B.Â
The Planning Board will review the proposed plan and may grant approval in accordance with § 228-14, with such conditions as are necessary to ensure conformity of said plan with the general and specific criteria set forth in this chapter, the Zoning Law[6] and other applicable rules and regulations of the Village
of Suffern.
[Amended 9-25-1996 by L.L. No. 5-1996]
A public hearing shall be held on a site plan application unless
said hearing is waived by the Planning Board. Any hearing shall be
held within 62 days of the date of receipt of a complete application.
The Planning Board shall cause notice of said hearing to be mailed
to the applicant or his authorized representative at least 10 days
prior to said hearing.
The Village shall publish notice of the public hearing in the
official newspaper not less than 10 days nor more than 30 days prior
to the date of the public hearing. The applicant shall mail said notice
not less than 10 days prior to the hearing to owners of property abutting
or across the street from said property. The applicant shall cause
two signs on each road frontage, or one sign for every one 100 feet
of road frontage, whichever is greater, to be posted on said property,
indicating the date and purpose of the public hearing. The form of
such notices shall be prescribed by the Planning Board, and the cost
of such notice shall be paid by the applicant. At the public hearing
the applicant shall submit an affidavit of mailing, which shall include
a list of the property owners to whom the notice of hearing was sent.
The public hearing procedure shall be as follows:
A.Â
Sign-in sheets (optional, for use at hearings on major proposals).
At the discretion of the Chairman, sign-in sheets may be required.
During the public comment portion of the hearing, speakers will be
called in the order shown on the sign-in sheets.
C.Â
Applicant's presentation. The applicant, his technical representatives,
attorneys, etc. make their presentation.
D.Â
Consultant reports. Consultants, agencies, etc., present a short
summary of their reports in the file.
E.Â
Public comment.
(1)Â
Names are called from the sign-in sheet, in order, until the sheet
is exhausted.
(2)Â
Each speaker shall state his name and address.
(3)Â
Each person may speak once; the maximum time allocated is five minutes.
The Chairman may allow additional opportunities to speak.
(4)Â
Any questions asked will be answered by the appropriate party, as
directed by the Chairman.
(5)Â
When the public has concluded, the applicant is permitted to comment.
(6)Â
Any member of the public wishing clarification may ask for such at
this time, with a time limit of three minutes.
F.Â
Close or adjournment of public hearing.
G.Â
Board discussion of application.
The Planning Board may submit copies of the site plan application
to the following agencies for information, review and comment regarding
facilities under their jurisdiction and to any other Village, County,
state or federal agency with jurisdiction:
A.Â
The Village of Suffern Building Inspector.
B.Â
The Village of Suffern Department of Public Works.
C.Â
The Suffern Fire Department.
D.Â
The Rockland County Drainage Agency.
E.Â
The Rockland County Planning Department.
F.Â
The Rockland County Highway Department.
G.Â
The New York State Department of Transportation.
H.Â
The New York State Department of Environmental Conservation.
I.Â
The New York State Thruway Authority.
J.Â
The Palisades Interstate Park Commission.
K.Â
The United States Army Corps of Engineers.
The fee for site plan review shall be in accordance with the
Standard Schedule of Fees of the Village of Suffern.[1]
Prior to the approval of the site plan, the Planning Board shall
have determined whether the action it is reviewing may have a significant
effect on the environment in accordance with the regulations adopted
pursuant to § 8-0113 of the Environmental Conservation Law
to implement the provisions of the State Environmental Quality Review
Act (SEQRA). Fees for SEQRA processing are in addition to other fees
required by these regulations as set forth in the Standard Schedule
of Fees of the Village of Suffern.
[Amended 9-25-1996 by L.L. No. 5-1996]
A.Â
The Planning Board shall approve, approve with modifications or deny the final site plan application within 62 days of the date of the hearing, or, if no hearing is held, within 62 days of the date of receipt of an application accepted as complete. Planning Board approval, approval with modifications or disapproval shall be in written form and shall include specific findings with respect to the standards as contained in § 228-22 of these regulations.
B.Â
The decision of the Planning Board shall be filed in the office of
the Village Clerk within five business days after it is rendered,
and a copy thereof shall be mailed to the applicant.
Upon submission of the final site plan with any modifications
required by the Planning Board in its final approval and upon satisfaction
of any conditions imposed by such approval, the Chairman of the Planning
Board shall sign the approved site plan and file it with the Village
Clerk. One copy shall also be filed with the Building Inspector, who
may thereafter issue a building permit, certificate of occupancy and
certificate of use in reliance thereon in accordance with Article
VIII of the Zoning Law[1] and § 228-16 of these regulations.
A.Â
The Planning Board shall require that on- or off-site improvements
be installed, including, but not limited to, on- or off-site drainage
systems, to ensure that all drainage, storm runoff and subsurface
waters are carried into approved watercourses and drainage systems.
The Planning Board shall further require that all off-site improvements
and/or drainage systems be installed on property granted to the Village
by fee, easement or otherwise, as determined by the Planning Board.
B.Â
No certificate of occupancy or use shall be issued for the site until
all improvements shown on the site plan, including off-site requirements
as required by site plan approval, have been duly installed and all
easements and property interests have been granted or dedicated to
the Village. A performance bond or other surety shall be posted in
an amount that shall cover the cost of completing all on- and off-site
improvements. Said bond or surety shall be set and held by the Village
Board of Trustees, upon the advice of the Planning Board and the Village
of Suffern Department of Public Works, and in such form as meets the
approval of the Village Attorney. The Building Inspector shall report
to the Planning Board when the requirements, construction, installation
and all other items of the site plan have been completed, at which
time the Planning Board may authorize the release of the surety.
C.Â
A temporary certificate of occupancy and/or use may be granted prior
to the completion of any required landscaping, concrete work or other
improvements which may not be installed due to seasonal constraints,
upon the approval of the Planning Board, provided that a bond or surety
is posted in such amount as shall be set and held by the Village Board
of Trustees, upon the advice of the Building Inspector and the Village
of Suffern Department of Public Works, with the approval of the Planning
Board, and in such form as meets the approval of the Village Attorney.
The Planning Board may recommend release of the performance bond or
surety upon recommendation of the Building Inspector.
During construction, the Village Engineer may authorize or require,
at his own determination or, upon the request of the applicant, minor
adjustments to the approved site plan when such adjustments are necessary
due to unforeseen site conditions first discovered during actual construction.
The Village Engineer may refer said request to the Building Inspector
or project architect for his review. Minor adjustments shall be consistent
with the spirit and intent of the approved site plan. Approval of
such adjustment, with the reasons therefor, shall be in writing and
a copy provided to the Planning Board.
Where unforeseen conditions are encountered which require any
material change to an approved site development plan or where the
developer wishes to modify the approved plan for other reasons, an
amended site plan shall be filed with the Planning Board for review
and approval in accordance with the same procedures required for initial
site plan applications.
It shall be the duty of every property owner to maintain his
property in conformity with the approved site plan. Failure to do
so shall constitute a violation of these regulations.