A local law to amend the timelines for site plan review and approval.

Resolution #3-2014 — 2014-06-09

WHEREAS

• The Zoning Law requires disposition of a site plan application within 60 days
• This time limitation is unrealistic in light of the Planning Board's obligations under the State Environmental Quality Review Act (SEQRA)
• This law amends the Zoning Law to require disposition of an application within 62 days of the close of the public hearing or, if no public hearing is held, within 62 days of deeming the application complete
• This language is consistent with NYS Village Law 7-725-a

RESOLVED

• Section 200-16B(2)(b) of the Code of the Village of Red Hook is hereby amended by deleting the existing language and replacing it with the following new subsection: b. Public hearing and decision on site plans. The Planning Board may in its discretion hold a public hearing on an application within 62 days after it has deemed the application complete. If a public hearing is held, the Planning Board shall mail notice of said hearing to the applicant and adjoining property owners at least ten days prior to such hearing and shall publish notice of said hearing in a newspaper of general circulation in the Village at least five days prior to the date thereof. A decision shall be made on the application within 62 days of the close of the public hearing. If no public hearing is held, a decision shall be made within 62 days after the application is deemed complete. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision shall be filed in the office of the Village Clerk within five business days after the decision is rendered and a copy mailed to the applicant. An application for a site plan approval shall not be deemed complete until the lead agency has adopted a finding of no significant adverse environmental impact (negative declaration) or until a Draft Environmental Impact Statement (DEIS) has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.
• This law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.