The Village Board shall appoint a Planning Board consisting of five members, for a term not to exceed five years and so appointed that the term of one member of the Board shall expire each year, pursuant to § 7-718 of the Village Law.

The Village Board shall designate a member of the Board as Chairman, to serve for the term of one year.

The Planning Board shall hereafter be referred to as the "Board" in this article.

The Board shall adopt such rules and regulations, not inconsistent with the provisions of this chapter, for the operation of its affairs, functions and duties as herein provided and authorized, after a public hearing and subject to the approval of the Village Board, and in accordance with and pursuant to any other law, rule, regulation or code as may hereafter be enacted by the Village Board.

The Board shall keep minutes of its proceedings and records of its public hearings and examinations and other official actions, all of which shall be a public record.

The Village Clerk or the Village Deputy Clerk shall be the Clerk of the Board and shall render and perform such service to the Board as may be required.

In each case where a building, structure, use or alteration thereof is proposed in use districts PRC Residence District (Planned Retirement Community), Article IV; J Business 2 (General Business), Article V; J Business 3 (Commercial Centers), Article VI; and J Business 4 (Professional and Business Offices), Article VII of this chapter, the Building Inspector shall refer the site plan of the proposed building, structure or use or alteration thereof to the Village Planning Board for its review. There shall be submitted with the application for site plan approval a copy of any restrictive covenant running in favor of the village, or if there is no such restrictive covenant, the applicant shall furnish an affidavit to that effect. Such Board shall determine that all of the requirements of this chapter and all other applicable municipal ordinances, rules, regulations and laws have been complied with after holding a public hearing in each case. The Planning Board and the Village Engineer shall review ingress to and egress from all public highways to the premises, subject to the approval of the appropriate municipal agency having jurisdiction of such highways, all drainage facilities, the traffic pattern within the premises, the location and placement of parking spaces, parking areas, loading areas and spaces, curbs, sidewalks and access driveways as may be required under this chapter or by any municipal agency, lights and the placement of street and other required signs on the premises. The Board shall also review the location of structures upon the site as well as height, spaces, open spaces, landscaping, architecture and all other physical features and improvement.

In any case where the site plan submitted by the applicant indicates that a variance will be required from the Board of Appeals in order to construct or use the premises as shown on said site plan, the applicant shall submit an application to the Board of Appeals simultaneously with the filing of his application for approval of the site plan with the Planning Board. Upon adoption by the Board of Appeals of a resolution granting the application for the variance, said variance shall be deemed to be incorporated in the site plan submitted by the applicant.

Required data.

The Board shall fix a date for a public hearing and give due notice to the applicant and shall cause to be published a notice of the time and place of such hearing 15 days prior to the public hearing, the property involved and the name of the applicant, in the village-designated newspaper.

The applicant shall mail notice of said hearing, radius map and site plan by either certified or registered mail, return receipt requested, to every property owner shown on the current Town of Brookhaven and Village of Lake Grove assessment rolls within the area immediately adjacent and contiguous to or directly opposite thereto for a distance of 200 feet from the perimeter of the property for which the site plan was filed. Such notice shall be mailed at least 10 days before the date of the hearing.

Such notice shall contain the following information:

In the event that the petitioner or the applicant owns or has an interest, by contract, lease, lien or otherwise, in the property contiguous to the property for which the site plan was filed, such distance of 200 feet as provided in Subsections C(3) and E above shall be measured from the perimeter of such contiguous property. In the event that the applicant is a corporation, the names of the members or officers of such corporation or firm or partnership who may own or have an interest, by contract, lease, lien or otherwise, in the property contiguous to the property involved shall be disclosed pursuant to the applicable provisions of Chapter 79, Disclosure of Information, of the Code of the Village of Lake Grove, and said contiguous property shall be considered as the property from the perimeter of which the distance of 200 feet shall be measured.

At least one week before the date of the scheduled public hearing, the applicant shall file with the Planning Board the following:

After the public hearing and in consultation with the Village Engineer, the Board shall approve such site plan, approve it with modifications or shall disapprove it and shall set forth its reasons for the action taken. No building permit shall be issued by the Building Inspector without such approval of the site plan and, in appropriate cases, authorization by special permit from the Village Board, highway work permits issued by the appropriate municipal agency having jurisdiction over the roads or highways adjacent to the subject premises, permit from the Suffolk County Health Department and permit from the New York State Department of Labor, if required.

Performance bond to be filed upon approval of the site plan. The applicant shall file with the Board a surety performance bond in such amount as may be required by the Board, directed to the benefit of the village, to ensure satisfactory completion of all off-site improvements as shall have been required by the Board, including but not limited to roads, sidewalks, drainage and sewerage facilities, curbs, parking areas, landscaping, erection of required signs and such others as required.[1]

In the event that the Board shall disapprove the site plan, it shall be submitted to the Village Board for final consideration and disposition.

Change of zone or use district.

For each application for site plan approval submitted to the Planning Board under the provisions of this chapter, the filing fee shall be as set forth in the fee schedule of the Village of Lake Grove.[1] In addition, the applicant shall pay to the village an inspection fee of a percentage of the cost of all on-site improvements as estimated by the Engineer for the village, as set forth in the fee schedule of the village. The term "on-site improvements" shall include but not be limited to the installation of drainage facilities, landscaping, the paving of the parking field and the installation of any curbs or sidewalks.

Any application for an amendment or change of such site plan after approval shall be accompanied by a fee, to be paid to the Village Clerk, of not less than 1/2 of the original fee paid.

The addition shall not be more than 20% of the floor area of the existing structure or 1,000 square feet of floor area, whichever is less, and in conjunction with the existing structure, must be in compliance with all zoning requirements, including, but not limited to, use and dimensional requirements and minimum parking standards.

Only one addition to a building or structure may be erected without site plan approval as provided in this section. With respect to a second or further addition, site plan approval shall be required as provided in this chapter. This limitation shall apply regardless of whether the applicant or his predecessor in title made application for the building permit for the first addition.