Pursuant to Village Law § 7-725-a, the Planning Commission 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 91, Fees, Article III, Professional Consultant Fees, of the Village Code.

The erection or enlargement of all buildings, other than one-, two- and three-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 site plan is in conformance with such portions of the Comprehensive Plan of the Village of Pleasantville that may be in existence.

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.

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 Planning Commission 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 Commission'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 Secretary of the Planning Commission at least 15 days prior to the Planning Commission 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 Planning Commission shall fix a time within 62 days from the date 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 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 Planning Commission shall decide the same within 62 days after such hearing has been closed or after the application is filed, if no hearing has been held. This 62-day period may be extended by mutual consent of the applicant and the Planning Commission. Failure to act within the specified time periods shall not result in the approval of the application by default. The decision of the Planning Commission 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 Planning Commission 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 Planning Commission 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 Planning Commission 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 Planning Commission, the developer shall file with the Village Clerk a performance bond or irrevocable letter of credit as determined by the Planning Commission 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 Planning Commission. 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 Planning Commission 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 Planning Commission.

Time limit on approval. Approval of a site plan by the Planning Commission 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 120-day period, such approval shall be valid for a period of one year from the date of approval. Upon application, the Planning Commission 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 Planning Commission 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.

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 Pleasantville 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 Planning Commission. The plan for the recreational area shall be subject to Planning Commission 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 Planning Commission 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 Commission 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.

Exemptions.

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.

No certificate of occupancy shall be issued for any use of a building or of land allowed by special permit as specified in this chapter, unless and until the issuance of such special permit has been duly authorized.

Every certificate of occupancy for which a special permit has been issued or in connection with which a variance has been granted shall contain a detailed statement of such special permit or variance and of any conditions to which the same is subject.

No certificate of occupancy shall be issued for any use of a building or of land allowed by site development plan approval as specified in this chapter, unless and until a site development plan has been duly approved.

The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.

No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that, for each and every permitted use under the zoning regulations for the particular district where the property is located:

The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

The Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances, as defined herein.

In making its determination, the Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:

The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

All proposed structures, equipment and material shall be readily accessible for fire and police protection.

The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties, in accordance with the zoning classification of such properties.

The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the district or conflict with the normal traffic of the neighborhood.

The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of screening and landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

The site plan for such use shall be designed to ensure the accomplishment of the objectives set forth in § 185-50E of this chapter.

In case of review of the nonconforming use of open land under § 185-46D(1) of this chapter, the Planning Commission's power shall be limited to the imposition of such reasonable conditions, such as but not limited to the placing of fencing and screening in such places as will minimize the impact such open use has upon surrounding residential properties. In such cases, the Planning Commission may also permit reasonable changes in existing structures on the land, within the limitations of the zoning district in which said use is located, for the purpose of reducing the open use of the land.

The Building Inspector shall act as Secretary to the Board, and it shall be his or her duty to refer to such Board of Architectural Review plans for any building for which a permit is sought and which, in his or her opinion, requires such referral in conformity with the purposes set forth in Subsection A herein, but not for detached single- and two-family residential structures, except those that are developed as part of a subdivision approved after the effective date of this provision. All applications to the Planning Commission shall be deemed to be simultaneously referred to the Board of Architectural Review, and the approval of the Planning Commission shall be deemed to be an approval of the Board of Architectural Review. Meetings of the Board of Architectural Review shall be held no less than monthly and/or at such times as the Chairman of the Planning Commission may determine for the purpose of acting on any application for building permits referred to them, as hereinafter required. A majority of the Board of Architectural Review shall constitute a quorum for the transaction of business. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. The Board of Architectural Review shall have power from time to time to adopt, amend and repeal rules and regulations, not inconsistent with law or the provisions of this section, governing its procedure and the transaction of its business and for the purpose of carrying into effect the outlined standards.

The Building Inspector shall promptly refer to the Board every application for a building permit within the purview of this section, together with all drawings and material samples necessary or required to clearly indicate the design intent. Such Board may disapprove any building permit referred to it, provided that such disapproval shall be by the vote of at least three members of the Board, and provided that such Board finds the structure or building for which the permit was applied would, if erected or altered, be detrimental to the desirability, property values or development of the surrounding areas due to:

The Building Inspector shall deny any building permit application disapproved by the Board of Architectural Review. He or she may approve any application conditionally approved by the Board as soon as the conditions specified in such conditional approval have been fulfilled. If the Board shall have approved any building permit application, then the Building Inspector shall thereafter issue the building permit, provided that all other requirements have been met.

Whenever the Board of Architectural Review shall deny approval of a submission or approve with such conditions as the proponent feels are unacceptable, the proponent and/or his or her architect shall have the right to appeal to and be heard before the Village Board of Trustees.

Whenever the Board of Architectural Review shall approve a submission, either wholly or with conditions, any interested person or group of persons shall, within 30 days after the filing of said decision in the office of the Village Clerk, have the right to appeal to and be heard before the Village Board of Trustees. The Village Board of Trustees may, on appeal, affirm, affirm with conditions, reverse or remand to the Board of Architectural Review with instructions.

The Village Board of Trustees shall hear and decide any appeal within 30 days after the notice of appeal, in writing, is filed with the Village Clerk. Thereafter, any aggrieved party may, within 30 days after the filing of said decision in the office of the Village Clerk, appeal from the decision of the Village Board of Trustees to the Supreme Court, Westchester County.