The Zoning Board of Appeals is hereby authorized, pursuant to § 7-725-a of the Village Law, to review and approve, approve with modifications or disapprove preliminary site plans and final site plans.

Prior to issuing a building permit for the construction of a building, or for the alteration of a building if the area of any floor would be increased 25% thereby, or where two or more parcels of land are to be combined into one parcel, and prior to the issuance of a zoning permit or certificate of occupancy for a change of use or occupancy of land or a building, the Building Inspector or Code Enforcement Officer shall refer the site plans of the parcel to the Zoning Board of Appeals for its review and approval. Site preparation or the commencement of construction prior to the termination of proceedings under this article is prohibited. The construction or alteration of a one- or two-family dwelling is hereby exempted from this article; and, except for a one- or two-family dwelling, no zoning permit, building permit or certification of occupancy shall be issued except in compliance with the standards and procedures set forth in this article.

Any preliminary application for site plan approval shall be made, in writing, to the Building Inspector or Code Enforcement Officer and shall be accompanied by the following information prepared by a licensed engineer, architect, landscape architect or surveyor, drawn to a scale of not greater than one inch equals 20 feet or smaller than one inch equals 100 feet, submitted on a sheet not less than 18 inches by 24 inches:

The Village Code Enforcement Officer or the Zoning Board of Appeals may, in its discretion, waive such of the foregoing as may not be necessary in the interest of the public health, safety or general welfare, or for proper review of the application.

The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act (SEQRA)[1] and implementing regulations thereunder. An application for preliminary site plan approval shall not be considered complete, and the review period shall not begin to start, until either a negative declaration has been made or a draft environmental impact statement has been filed.

A letter of intent prepared by the applicant or his designated representative or agent shall accompany the preliminary site plan application and shall include a statement outlining the proposed project, the owner of the property and any proposed building, the project builder or contractor, if known, a proposed construction schedule, the principals involved in the financing of the project and any other information deemed necessary by the Village Department of Public Works. Such additional information may include data on the nature and legal status of existing or proposed easements, a description of all deed restrictions or covenants applicable to the property, etc.

Appropriate fees to cover the costs of processing the application for preliminary site plan approval shall accompany the application and shall be paid to the Village Clerk upon filing with the Village Zoning Board of Appeals. Such fees shall be established by the Village Board by resolution, may from time to time be changed by the Board and shall not be refundable.

The Zoning Board's review of a preliminary site plan shall include but is not limited to the following considerations:

In its review, the Zoning Board may consult with the Village Engineer and other Village, town and county officials, as well as with representatives of federal and state agencies, including the Soil Conservation Service and the New York State Department of Environmental Conservation. The Zoning Board may require that the exterior design of all structures be made by or under the direction of a registered architect, whose seal shall be affixed to the plans.

When reviewing a site plan because of a change in the use or occupancy of land, a building or any portion thereof, the Zoning Board shall consider the impact of the proposed change upon other uses within the same building or parcel. To the extent practical, the Zoning Board may require such modification thereto as will promote the most efficient use of land consonant with compliance with the provisions of this chapter. In no event shall the Zoning Board waive the direct application of a local law provision to the changed use or occupancy under review without the approval of an appropriate variance.

The Zoning Board may require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.

Site approval standards for multiple dwellings, townhouses and condominiums.

The Zoning Board of Appeals shall conduct a public hearing on the proposed preliminary site plan. Such public hearing shall be conducted within 62 days of the date of receipt of the application for preliminary site plan approval.

Upon receipt of an application for preliminary site plan approval, the Zoning Board shall refer such application to the Monroe County Department of Planning and Development in accordance with General Municipal Law § 239-m.

Within 62 days after the public hearing, the Zoning Board shall act on it. The Zoning Board's action shall be in the form of a written statement to the applicant stating whether the preliminary site plan is conditionally approved or not. A copy of the appropriate minutes of the Zoning Board shall be a sufficient report.

The Zoning Board may recommend in its statement desirable revisions to be incorporated in the final site plan, conformance with which shall be a condition of approval. If the preliminary site plan is disapproved, the Zoning Board's statement shall contain the reasons therefor. The Zoning Board may recommend further study of the site plan and resubmission of the preliminary site plan to the Zoning Board after it has been revised or redesigned.

No modifying of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with a moderate to high susceptibility to erosion or excavating for or constructing of site improvements shall begin until the developer has received final site plan approval. Failure to comply shall be construed as a violation of this chapter and, where necessary, final site plan approval may require the modification or removal of unapproved site plan improvements.

The Zoning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a preliminary site plan. Such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village.

After receiving conditional approval from the Zoning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final detailed site plan and submit it to the Zoning Board for approval; except that if more than six months has elapsed between the time of the Zoning Board's report on the preliminary site plan and if the Zoning Board finds that conditions have changed significantly in the interim, the Zoning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.

The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revision or other features that were recommended by the Zoning Board at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

Within 62 days of the receipt of the application for final site plan approval for a site plan in substantial conformity with the previously approved preliminary site plan, the Zoning Board shall render a decision to the Code Enforcement Officer or Building Inspector. If no decision is made within the sixty-two-day period, the final site plan shall be considered approved.

If the final site plan is not in substantial conformity with the previously approved preliminary site plan, the Zoning Board may determine to treat the application as an application for preliminary site plan approval and act thereon pursuant to § 175-41.1.

Upon approving an application for final site plan approval, the Zoning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Code Enforcement Officer or Building Inspector, who shall then issue, or cause to be issued, a building permit to the applicant if the project conforms to all other applicable requirements.

Upon disapproving an application, the Zoning Board shall so inform the Code Enforcement Officer or Building Inspector, and he or she shall deny, or cause to be denied, a building permit to the applicant. The Zoning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.

Reasonable costs incurred by the Village Zoning Board of Appeals for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan that are over and above the basic application fee shall be charged to the applicant at whatever amount was paid by the Village to the consultant or for the other extraordinary expense.

As an alternative to the installation of required infrastructure and improvements, prior to approval by the Zoning Board of Appeals, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Zoning Board of Appeals, shall be furnished to the Village by the owner.