§ 205-31. Architectural and site plan approval.

A. 

Requirement. Architectural and site plan approval is required for all uses permitted in all of the zoning districts of the Village and for all special permit uses as they pertain to the development of, and construction of improvements on, all parcels within the Village. No zoning or building permit shall be issued unless approved pursuant to this article. The Architectural/Site Plan Commissioner (ASPC) and the Planning Board, in approving site plans, may impose conditions that are more stringent than the minimum requirements of this chapter to the extent that such conditions promote the purposes of § 205-30.

B. 

Procedure.

(1) 

The owner or his agent shall submit a survey and a site plan with supporting data to the Building Inspector upon the filing of an application for a zoning or building permit. Prior to the filing of an application for a building permit, the owner or his agent may submit a preliminary site plan and building plan to obtain preliminary approval of the plans to facilitate the preparation of the final plans to be filed with the building permit application. The fees for filing an application for preliminary approval are set forth in Chapter 112 (Fees and Deposits).

(2) 

Every application for a zoning or building permit for the construction of any building or structure or the improvement of any parcel or the excavation, filling, grading or use of land, including an application for preliminary approval, shall be referred by the Building Inspector to the ASPC for review. The ASPC, who shall be appointed by and serve at the pleasure of the Board of Trustees, shall approve, approve with modifications or disapprove the application within 60 days after a completed application has been filed with the Building Inspector. The ASPC shall be guided by the same standards of review which are applicable to the Planning Board under this article, enumerated in § 205-33. If the ASPC notifies the applicant, in writing, of his disapproval of the permit application (or application for preliminary approval) or does not take any action on the application within the sixty-day period, the applicant may appeal such disapproval or nonapproval to the Planning Board by submitting to the Board six copies of the complete site and building plans and fees and deposits equal to those required for appeals to the Board of Appeals.

(3) 

Public hearings of the Planning Board shall be held at the call of the Chairman or any three members of the Planning Board and at such times as the Planning Board may determine.

(4) 

With respect to applications which are to be reviewed by the Planning Board at a public hearing, the Planning Board shall fix the time for the hearing within 62 days from the date the complete site and building plans, fees and deposits are received by the Planning Board. Public notice of such a meeting shall be published once in the official newspaper of the Village at least five days prior to the hearing date. The applicant shall cause a copy of such notice to be mailed by certified mail, return receipt requested, to all property owners within 200 feet of the lot. An affidavit of mailing along with receipts of the same shall be filed with the Planning Board three days prior to the date of the hearing. The Planning Board shall approve, approve with modifications or disapprove the application.

(5) 

The failure of the Planning Board to hold a hearing on any application referred to it within 62 days after receiving a completed application or the failure of the Planning Board to render its decision within 62 days after the hearing or adjourned hearing thereon shall be deemed an approval of the zoning or building permit application and require prompt issuance of a zoning or building permit, provided that all other applicable requirements have been satisfied.

(6) 

No zoning or building permit shall be issued by the Building Inspector on any application for site approval unless the ASPC or the Planning Board or its designated member shall have approved the plan in writing, except as provided in Subsection B(2) and (5) above.

(7) 

The ASPC or Planning Board may require changes or modifications in building and site plans as a condition of approval and require adherence to the plans as a condition to the issuance of the zoning or building permit.

(8) 

No certificate of occupancy shall be issued unless and until there is total compliance with the approved site and building plans, except that in cases where a building or structure is completed but the required landscaping is not completed, the property owner may post a bond or cash deposit with the Village, in an amount determined by the Building Inspector, as security to ensure that such required landscaping will be satisfactorily completed within a reasonable period extending not more than six months from the date the certificate of occupancy is issued.

Amended 3-15-2005 by L.L. No. 4-2005