[Amended 5-7-2014 by L.L. No. 1-2014]
The Planning Board shall conduct a public hearing on the site plan. When the application is for site plan review and approval on property that is within 500 feet of an adjacent municipality, notice shall be given, in accordance with § 239-nn of the General Municipal Law, to the Clerk of the adjacent municipality at least 10 days prior to the public hearing. When required by the General Municipal Law, the Planning Board shall submit notice of the public hearing, along with a complete description of the application, to the County Planning Board and to the clerk of an adjacent municipality.
[Amended 5-7-2014 by L.L. No. 1-2014]
Within 62 days of the conclusion of the public hearing, the Planning Board shall render a decision. In its decision, the Planning Board may approve, approve with modifications, approve with conditions or disapprove the site plan. The time period in which the Planning Board must render its decision can be extended by mutual consent of the applicant and the Planning Board. Where the application has been referred to the County Planning Board pursuant to the General Municipal Law, no approval or approval with conditions shall be made until the report of the County Planning Board is received, provided that the Planning Board may take final action if the County Planning Board fails to report within 30 days, in accordance with § 239-m of the General Municipal Law.
Approval. Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due the Village, the Planning Board shall endorse its 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 by certified mail, return receipt requested.
Approval with modifications or conditions. 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 by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met and payment by the applicant of all fees and reimbursable costs due the Village, the Planning Board shall endorse its 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 by certified mail, return receipt requested.
Disapproval. Upon disapproval of the site plan, the 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.
Expiration of approval; extensions.
Site plan approval shall expire after one year of the date of approval of the site plan if actual construction has not been begun by the applicant. Actual construction is hereby defined as the placing of construction materials in their permanent position, fastened in a permanent manner, except that where a basement or cellar is being excavated, such excavation shall be deemed to be actual construction; where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such demolition and removal shall be deemed to be actual construction. An applicant whose site plan approval has expired may resubmit a new site plan application.
The Planning Board may, in its sole discretion, at the applicant's written request and, in any event, at least 30 days prior to the expiration of the initial one-year approval, grant the applicant an extension of time within which to comply with the site plan, provided that the applicant has made reasonable good faith efforts to complete construction and implement the site plan as provided within the aforesaid one-year period, and further provided that such extension shall in no event exceed one year. No further extensions will be permitted.