A. Procedure for site plan approval. Except as provided for in § 322-85B and C, no use, site, building or structure shall be established, changed, expanded, constructed, erected, converted, altered, modified or regraded except in accordance with a site plan approved in accordance with the provisions of this article. No building permit, sign permit, certificate of occupancy or certificate of compliance shall be issued for any activity requiring site plan approval until the site plan is approved.
(1) The Board shall either approve, approve with modifications or disapprove a site plan within 62 days of the Planning Department's receipt of a complete site plan application. For purposes of this section, an application shall not be considered complete until either SEQRA findings or a SEQRA negative declaration is issued by the lead agency.
(2) If any of the departments having reviewing responsibilities under Subsection A(5) of this section determines that the site plan does not comply with the specifications of the Town Code, it shall notify the applicant thereof in writing. The letter shall be sent by certified mail and shall state the manner in which the proposed site plan application does not comply with the Town Code. A copy of this letter shall be sent to all departments having reviewing responsibilities under Subsection A(5) below. If the applicant does not submit revised plans within 62 days of submission of the application, the application shall be deemed denied unless the Board and the applicant agree to an additional specified amount of time to submit the revised plans.
(3) The Planning Director, the Town Engineer, the Building Director, the Director of Traffic Safety and the Environmental Protection Director shall review the site plan application to determine whether the proposed site improvements conform to this chapter, the Town codes and all other applicable regulations and standards, including but not limited to those listed in § 322-87, and shall make a recommendation to the Board. [Amended 5-8-2007]
(4) If the Board approves the site plan, the Building Director shall review the building permit application for conformity with the approved site plan and applicable building codes. [Amended 5-8-2007]
(5) No modifications to the design shall be made during the course of construction unless the applicant receives approval by the Planning Director, Building Director, Town Engineer, Director of Traffic Safety and Environmental Protection Director for addendum. Said officials shall require the submission of a revised application for any modifications involving an increase of floor area, impermeable surface area or building height. [Amended 5-8-2007]
B. Procedure for site plan exemption approval. An application for a site plan exemption shall be reviewed by the Planning Director, the Town Engineer, the Building Director and the Environmental Protection Director. In making a determination on the application, said officials shall verify that the requirements of § 322-87B have been satisfied. [Amended 5-8-2007]
(1) A decision to approve or disapprove an application for a site plan exemption shall be made within 30 days of the submission of a completed application. Approval of the application shall be obtained only upon the approval of all of said Town officials. A lack of approval by any or all of said Town officials shall be deemed a disapproval of the application.
(2) Upon the written request of one or more of said Town officials for clarification or additional information with respect to the application, the applicant shall have 30 days in which to provide same and which shall extend the approval process by said thirty-day period. upon the applicant's failure to so respond within such time, the application shall be deemed disapproved.
(3) No modifications to the design shall be made during the course of construction unless the applicant receives approval by the Planning Director, Building Director, Town Engineer and Environmental Protection Director for addendum. Said officials shall require the submission of a revised application for any modifications involving an increase of floor area, impermeable surface area or building height.
A. The decision of the Board of Site Plan Review shall be administratively final. Any proposed change or revision in the site plan must, absent a provision herein to the contrary, receive the approval of the Board.
B. A decision on a site plan exemption application is not administratively final. Upon the disapproval of an exemption application, the applicant may apply for site plan approval pursuant to this article.
[Amended 3-8-2011] Approval by the Board of Site Plan Review shall automatically expire one year after the approval date unless a valid building permit has been obtained, or an annual extension has been granted upon the applicant's request, prior to the expiration thereof. There shall be a fee for any such extension. The fee for each one-year extension shall be 50% of the initial application fee.
A. Certificates of occupancy.
(1) It shall be unlawful to use or permit the use or change in use of any building, structure, premises, lot or land or part thereof hereafter erected or altered, enlarged or moved or put into use, in whole or in part, after the effective date of this chapter, until a certificate of occupancy has been obtained by the owner, as provided for under the Building Code and this chapter.
(2) No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
(3) After a certificate of occupancy is issued, there shall be no alterations to or revisions of the site, as approved, without first obtaining approval from the Board of Site Plan Review or the Town officials which approved the site plan exemption application, as appropriate. Whenever any alterations or revisions are made to a structure or a site without benefit of such approval, the certificate of occupancy for the entire site shall be null and void.
(4) Upon the request of the owner or his or her authorized agent for a certificate of occupancy, the Building Director shall issue the certificate, provided that said Building Director, along with the Planning Director and the Town Engineer, find that such building or structure is in conformity with the approved site plan or exemption application, if such approval was required.[Amended 5-8-2007]
B. Temporary certificates of occupancy.
(1) In cases of undue hardship, the Building Director may issue one temporary certificate of occupancy, valid for a period of six months, without extension, for any building, structure or use, provided that: [Amended 5-8-2007]
(a) The Building Director; along with the Planning Director and the Town Engineer, find, upon inspection of the site, that such building or structure is in itself in conformance with the Building Code, Subdivision Regulations, the Building Zone Ordinance and all other applicable ordinances and regulations.
(b) The Planning Director and the Town Engineer agree to approve a temporary certificate of occupancy.
(c) The Planning Director and the Town Engineer agree on the amount of cash deposit that must be placed into escrow to insure the satisfactory completion by the applicant of all required improvements within one year of the date that the temporary certificate is issued. [Amended 3-8-2011]
(2) The temporary certificate of occupancy shall not be issued until the cash deposit has been accepted by the Planning Department.
(3) Failure of the applicant to satisfactorily complete all required improvements within one year of issuance of a temporary certificate shall render such escrow in default, and the Town may use the money to pay for the completion of the required improvements. The actual work may be performed by one of the Town's departments or by a private contractor selected by public bid. [Amended 3-8-2011]
(4) The cash deposit shall be placed into a trust account established for this purpose by the Town Comptroller.
Failure to obtain site plan approval where required, or to obtain an exemption therefor, shall be a violation of this chapter and shall subject the violator to such penalties as are set forth in § 322-705.
