Planning Board action on preliminary site plan.

A. The Town Planning Board 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.[Amended 6-3-2021 by L.L. No. 5-2021](1) Proper notice of a public hearing before any board shall be given by legal notice published in the official newspaper of the Town of Webster, at least five days before the date set for a public hearing, as required by § 274-a of the Town Law.(2) Those submitting site plan applications before the Planning Board shall be required to post a Town-provided sign in a publicly conspicuous location on or in front of the front property line of the property affected.

Said sign shall notify the public of a pending application and hearing and shall be posted not less than 10 days prior to and up to the date of the hearing. Such sign shall be provided by the Town and/or its designee and shall be removable by the Town and/or designee within five days after the hearing is concluded.B. Prior to the approval of any development application by the Town Planning Board, the Town Department of Public Works shall review such application and make recommendations to the Board concerning the project. Such recommendations shall include an identification of any variances required for the project and/or possible problems with the general site plan design, parking or building layouts, ingress or egress, building density or setbacks, pedestrian and vehicular circulation and other land use, site design, zoning or environmental problems or concerns.

Such recommendations may also include possible alternative design solutions. The Town Department of Public Works shall be responsible for coordinating all other Town permit procedures necessary for any given project or proposed development, including the Town environmental quality review process and the procedures for obtaining development permits within Environmental Protection Overlay Zoning Districts.C. The Town Planning Board shall be responsible for referring, as necessary or required, any development project to the various departments or agencies prior to any final action being taken by the Town Planning Board on the application.

The Town Planning Board shall also be responsible for referring certain site development plans to the Monroe County Department of Planning for a report in accordance with the provisions of § 239-m of the General Municipal Law and to neighboring municipalities in accordance with the provisions of § 239-nn of the General Municipal Law prior to any final action being taken on the application by the Town Planning Board.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]D. Within 62 days of the public hearing held in accordance with Subsection A of this section, the Town Planning Board shall act on it.

If no decision to deny such an application is made within said sixty-two day period, and upon completion of all other requirements by the applicant, the preliminary site plan shall be considered approved. The sixty-two day time limit for action on the preliminary site plan may be extended by mutual consent or agreement of the Town Planning Board and the applicant.[Amended 5-7-2004 by L.L. No. 1-2004; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]E. The Town Planning Board may approve an application for site plan review when, based on the information presented at the public hearing, it has determined that the project will adequately and appropriately address the considerations and criteria listed above.

The Town Planning Board may place reasonable restrictions or stipulations on such applications in order to ensure that the project will adequately and appropriately address the considerations and criteria listed above.F. The Planning Board's decision shall refer to a specific site plan drawing by date and number and may include recommendations of desirable modifications to be incorporated into the final site plan. Conformance with said modifications shall be considered a condition of project approval. If the preliminary site plan is disapproved, the Planning Board's decision shall clearly state the reasons for such denial.

In such case, the Planning Board may recommend further study of the site plan and resubmission to the Board after it has been revised or redesigned.