Pursuant to Village Law § 7-725-a, the Board of Trustees is authorized to review and approve, approve with modifications or disapprove site plans and may adopt such rules and regulations as it deems necessary, consistent with the provisions of Article 7 of the Village Law, to exercise the powers granted herein.

There shall be a fee for each site plan submitted, as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time. The applicant shall also pay all fees in connection with a professional consultant's review in accordance with Chapter 162, Article II, of the Village Code.

The erection or enlargement of all buildings, other than one- and two-family residences, in all districts.

All uses of vacant land.

Any change in use or intensity of use that will affect the characteristics of the site in terms of traffic, access, parking, loading, circulation, hours of operation, drainage, utilities, lighting, security or other Village services.

That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.

That adequate off-street parking and loading spaces are provided to prevent parking in public streets and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services.

That all playground, parking and service areas are reasonably landscaped and screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is such as to enhance the character of the Village and is in character with that generally prevailing in the neighborhood.

That all existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible and that all other important natural features are properly protected.

That all plazas and other paved areas intended for use by pedestrians shall use decorative pavements and shall use plant materials so as to prevent the creation of vast expanses of pavement.

That all outdoor lighting is of such nature and so arranged as to preclude the diffusion of glare onto adjoining properties and streets.

That the drainage system, including proposals, will afford the best solution to any drainage problems.

That site elements of noteworthy historical, architectural or cultural value, such as stone walls, outstanding trees, structures that serve as visible reminders of the heritage of the community or similar distinctive features, are preserved, protected and enhanced.

That the site plan is in conformance with such portions of the Comprehensive Development Plan of the Village of Elmsford that may be in existence.

Presubmission conference. Prior to the submission of a formal site plan, a presubmission conference may, upon request of either the applicant or the Building Inspector, be held wherein the applicant shall meet in person with the Board of Trustees or its designated representative to discuss the proposed site plan so that the necessary subsequent steps may be undertaken with a clear understanding of the Board's requirements in matters relating to the development of the site and to the requirements for subsequent submissions.

Submission of application for site plan approval. Within six months following the presubmission conference, if held, 10 copies of the site plan and any related information shall be submitted to the Building Inspector at least 15 days prior to the Board of Trustees meeting at which the site plan or an amendment to it is to be presented. If not submitted within this six-month period, another presubmission conference may be required.

Certification by Building Inspector. The Building Inspector shall certify on each site plan or amendment whether or not the plan meets the requirements of all zoning law provisions other than those of this section regarding site plan review.

Hearing and decision. The Board of Trustees shall fix a time, within 62 calendar days from the date the Board of Trustees determines by resolution at a duly held meeting that an application for site plan approval is complete, for a hearing on any matter referred to under this section, if it deems a public hearing is appropriate, and shall give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof, and notice of the public hearing shall also be mailed to the applicant at least 10 days prior to the hearing, and the Board of Trustees shall decide the same within 62 days after such hearing has been closed or after the application is deemed complete, if no hearing has been held. This sixty-two-day period maybe extended by mutual consent of the applicant and the Board of Trustees. Failure to act within the specified time periods shall not result in the approval of the application by default. The decision of the Board of Trustees shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant. Nothing herein shall preclude the holding of a public hearing on any such matter on which a public hearing is not so required.

Referral to Westchester County Planning Board. Prior to taking action on the application for site plan approval, the Board of Trustees shall refer any matter involving any of the areas specified in § 239-m of the General Municipal Law to the Westchester County Planning Board, pursuant to the provisions of such section.

Compliance with SEQRA. Prior to taking action on the application for site plan approval, the Board of Trustees shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.

Existing violations. Except where an application is submitted for the purpose of curing existing violations or will result in the curing of existing violations, no action shall be taken on an application for site plan approval for a property where there is an existing violation of this chapter.

Appeal. An appeal from the decision of the Board of Trustees may be taken in accordance with Subdivision 11 of § 7-725-a of the Village Law.

Amendments. Review of amendments to an approved site plan shall be acted upon in the same manner as the review of the original site plan.

Performance bond, Following approval of the site plan by the Board of Trustees, the developer shall file with the Village Clerk a performance bond or irrevocable letter of credit as determined by the Board of Trustees to cover the full cost of any required public improvements and roadways, water and sewer facilities, drainage and erosion controls and soil stabilization improvements not intended to be dedicated, in an amount set by the Board of Trustees. Such bond shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety. A period of one year or such other period as the Board of Trustees may determine appropriate, not to exceed three years, within which required public improvements must be completed, shall be set forth in the bond or irrevocable letter of credit. If the bond or irrevocable letter of credit is not filed within 45 days of the approval granted in Subsection F(4) hereof, the site plan shall be deemed disapproved unless the applicant requests and is granted an extension by the Board of Trustees.

Time limit on approval. Approval of a site plan by the Board of Trustees shall be valid for a period of 120 days from the date thereof for the purpose of obtaining a building permit. If substantial construction is commenced within the one-hundred-twenty-day period, such approval shall be valid for a period of one year from the date of approval. Upon application, the Board of Trustees may extend the period of approval to not more than two years from the date of original approval.

Site plan and map. The applicant shall cause a site plan map to be prepared by an architect, landscape architect, civil engineer, surveyor, land planner or other competent person at a scale sufficient in size to permit an adequate review. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or use as indicated by the Board of Trustees in the presubmission conference. This information, in total, shall constitute the site plan.

Public improvements. In the case of all required public improvements, a professional engineer or licensed architect is required to submit plans. Installation of such public improvements shall be under the direct supervision of a registered architect or licensed engineer.

A stormwater pollution prevention plan consistent with the requirements of Chapter 288, Stormwater Management, Article I, Erosion and Sedimentation Control, shall be required for any site plan approval that qualifies as a land development activity. The SWPPP shall meet the performance and design criteria and standards in that article. The approved site plan shall be consistent with the provisions of that article.

Legislative intent. Pursuant to the authority duly vested in it and upon a finding that a proper case exists in accordance with the provisions of § 7-725-a of the Village Law, it is the intention of the Village Board of Trustees to require the provision of parkland and recreation land in conjunction with development of multifamily dwellings. The Village of Elmsford finds that multifamily housing places an added burden on the Village in providing adequate park and recreation areas to serve the needs of multifamily housing residents. In the event that it is not practical for a particular development to provide park and recreation areas, it is in the best interest of the Village and its residents to require funds to be paid to the Village exclusively for neighborhood parks, playgrounds or recreational purposes, including the acquisition of property. Such funds shall be intended to benefit primarily, but not exclusively, the residents of the development subject to the fee.

Recreation areas. Consistent with the requirements of Subsection G(1) hereof and except as provided in Subsection G(3) hereof, each multifamily development shall include a park and/or recreation area ("recreation area") which is planned, designed and maintained for the exclusive use of the residents of such development and their nonpaying guests. The recreation area for a multifamily development shall constitute not less than 10% of the total site area, of which at least 75 square feet of lot area per dwelling unit or not less than 50 square feet per bedroom, whichever is greater, shall be improved with the recreational facilities as determined necessary by the Board of Trustees. The plan for the recreational area shall be subject to Board of Trustees approval as to location, design and adequacy, taking into consideration the size of the development, the anticipated occupancy of the units and the anticipated recreational needs of the population to reside therein.

Fee in lieu of setting aside recreation area. Where the Board of Trustees determines that a proper case exists for requiring parkland to be shown on the site plan but that a suitable recreation area of adequate size for park and recreation purposes and improved with adequate recreational facilities cannot be properly located in any such development or is otherwise not practical, the Board may require, as a condition of approval of any site plan, a payment to the Village of a fee as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time, or any part thereof in proportion to the amount of required land and/or facilities not provided, which shall constitute a trust fund to be used by the Village exclusively for neighborhood park, playground and recreation purposes, including acquisition of property.

Waivers. The Village Board of Trustees, in its discretion, after public hearing, may waive the payment of the recreation fee otherwise due under Subsection G(3) herein upon finding that such waiver is necessary and appropriate to establish eligibility of entitlement to federal, state or county governmental grants in connection with, or to otherwise facilitate, a proposed residential development of property meeting the special needs of Village or school district employees, Village volunteer service workers, senior citizens or others for lower-cost housing.