(A) Review by the Planning Board.
(1) The preliminary site development plan shall be reviewed by the Planning Board within 35 days after the Town Clerk receives the preliminary site development plan. A filing fee according to the town's schedule of fees maintained in the office of the Town Clerk will accompany the preliminary site development plan.
(2) The Planning Board shall convene a public hearing to consider the preliminary site plan. The public hearing shall be held jointly with the Town Board.
(3) The Planning Board Chairman may refer copies to public officials and agencies concerned with the new development. Comments received from the various officials and agencies shall be given full consideration. If any official or agency objects to an applicant's proposal, the Planning Board shall require the applicant to set forth how the stated objection will be remedied. The burden of proof shall be with the applicant to satisfactorily demonstrate that the proposal is sound.
(4) The Planning Board shall recommend approval, conditional approval with corrections, or disapproval to the Town Board.
(5) If the preliminary site development plan is recommended for approval or conditional approval with corrections, the approval and/or corrections shall be noted on at least three copies of the plan. One copy shall be transmitted to the Town Clerk who shall retain it for public examination, one copy shall be returned to the subdivider, and one copy shall be retained by the Planning Board.
(6) If the preliminary site development plan is not recommended for disapproval, the Planning Board shall specify the reasons for such action in writing. If the site development plan is disapproved, the developer may make the recommended changes and submit a revised plan.
(7) Planning Board approval shall not constitute acceptance on the part of the town to operate, maintain or develop any dedicated land, facilities or services described in the site development plan.
(8) If the Planning Board recommends approval or conditional approval with corrections, the developer may submit the preliminary site plan to the Town Board.
(9) If the Planning Board does not make any recommendations within 15 days after the public hearing, the developer may apply to the Town Board for approval or disapproval.
(B) Action by the Town Board.
(1) If the Town Board approves the preliminary site development plan, approval shall be noted on at least three copies of the plan. One copy shall be transmitted to the Town Clerk who shall retain it for public examination, one copy shall be returned to the developer, and one copy shall be retained by the Planning Board.
(2) If the Town Board does not approve the preliminary site development plan, the reasons for such disapproval shall be specified in writing. The developer may make the recommended changes and submit a revised plan.
(3) Upon approval of the preliminary site development plan by the Town Board, the developer may proceed with the preparation of the final site development plan and the installation of or arrangement for required improvements in accordance with the approved preliminary site development plan. Prior to approval of the final site development plan, the developer shall have installed the improvements specified in the preliminary site plan or guaranteed their installation. The developer shall provide bonds, dedications, guarantees, agreements, contracts and deed restrictions acceptable to the Town Board of Commissioners for completion of such development according to approved plans; and for continuing operation and maintenance of such area, facilities, and services as are not to be provided, operated, or maintained at general public expense; and such dedications, contributions or guarantees as are required for provision of needed public facilities and services; and to bind further successors in title to any commitments made above.
(4) The final site development plan shall constitute only that portion of the preliminary site development plan which the developer proposes to record and develop at that time.
(5) The Town Board shall review the final site development plan in the same manner as the preliminary site development plan.
(6) No building permits shall be issued until the Town Board has given approval to the final site development plan.
(7) The Zoning Board of Adjustment shall have no authority to waive any requirement contained in this section.
(8) All requests for a planned development approval must also be accompanied by a zoning map amendment petition.
(Ord. passed 6-8-78; Am. Ord. passed 5-10-90; Am. Ord. passed 1-13-05; Am. Res. passed 4-8-10; Am. Ord. passed - -)