(a) In all Districts, Site Plan approval must be obtained for:

[1] New construction of a Principal Building or Accessory Building or Structure of greater than 1,500 square feet;
[2] Change or expansion of a Nonconforming Use, Structure, or Lot, per the standards of Article 9 (Nonconformities);
[3] Any Use of Vacant Land;
[4] Any expansion, or enlargement of an existing Building by more than 20% of the Building's Aggregate Floor Area or more than 5,000 square feet, whichever is smaller;
[5] Any change in Use from a Permitted Use to another Permitted Use within an existing Building that would result in a change of intensity relating to traffic, pedestrian safety and access, environmental quality, drainage, refuse and sewage disposal, and water supply;
[6] Any change in Use from a Permitted Use to a Special Exception Use within an existing Building that does not add, expand, or enlarge the Building.

(b) As part of a petition for Zoning Text Amendment or Zoning Map Change, pursuant to § 345-807, in which a future Site Plan is required, a conceptual Site Plan shall be provided.

(a) Each Site Plan application shall include:

[1] A copy of the Building and Lot Plan, accompanied by the Planning and Economic Development Zoning Administrator's Certificate of Compliance issued pursuant to § 345-805F.
[2] A Site Plan application and accompanying Site Plan containing the information required as part of the Site Plan Checklist, established and revised from time to time, by the Department of Planning and Economic Development.
[3] A copy of any required Development Parcel Plan related to the proposed project, accompanied by the Planning and Economic Development Zoning Administrator's Certificate of Compliance issued pursuant to § 345-805H, if applicable.
[4] Evidence of a consideration to incorporate reasonably available energy conservation or renewable energy opportunities, such as new green infrastructure or retrofits, installation of solar arrays or canopies, and geothermal systems, pursuant to § 345-405V.
[5] The Planning and Economic Development Zoning Administrator's Certificate of Completeness with respect to the Site Plan application.

(b) A conceptual Site Plan submitted as part of a petition for Zoning Text Amendment or Zoning Map Change need only to provide information to adequately describe the intended Development and a copy of any required Development Parcel Plan and Certificate of Compliance.
(c) Upon written request by an applicant to waive any of the Site Plan application requirements, the Planning and Economic Development Administrator shall review the request and provide written justification to the Decisionmaking Authority. Prior to holding a public meeting on any application with such a request, the Decisionmaking Authority must consider the request and, if it is in agreement, ratify the request.

(a) Building and Lot Plan. Prior to formal submission of a Site Plan application, an applicant must follow the procedures of supplying and, ultimately, obtaining approval of a Building and Lot Plan, pursuant to § 345-805F, including the Presubmission Conference and review.
(b) Submission of Site Plan Application.

[1] No fewer than 20 days prior to the meeting of the Decisionmaking Authority at which the application is to be considered, the applicant must submit to the Planning and Economic Development Zoning Administrator 20 printed copies and one digital PDF copy of the complete Site Plan application, including all supporting documentation, accompanied by the appropriate fees, as set forth in Village Code Chapter 175 (Fees).
[2] The digital copy of the application must be clearly identified with the name of the applicant, project address, submission date, and case number, if assigned.

(c) Completeness Review by Planning and Economic Development Zoning Administrator.

[1] Upon submission of a Site Plan application, the Planning and Economic Development Zoning Administrator must review and determine whether the application is complete, including if the appropriate fees were provided.
[2] If the Planning and Economic Development Zoning Administrator determines that the Site Plan application is complete, he or she must issue a Certificate of Completeness. The Certificate of Completeness shall be provided to the applicant and included in any materials provided to the Decisionmaking Authority.
[3] If the Planning and Economic Development Zoning Administrator determines that the Site Plan application is incomplete, he or she must notify the applicant of such determination with a written explanation regarding which items are incomplete, and must return the application to the applicant.

(d) Decisionmaking Authority Public Meeting. Upon determination of completeness by the Planning and Economic Development Zoning Administrator, the Site Plan application shall appear before the Decisionmaking Authority at a public meeting. The Site Plan application, associated materials, and the Certificate of Completeness shall be provided to the Decisionmaking Authority. The purpose of such public meeting is to introduce the project to the Decisionmaking Authority and public, discuss any initial issues or concerns, and set the public hearing on the matter. Under no circumstances shall an application proceed to the Decisionmaking Authority unless all fees and reimbursable costs due the Village are paid and the project escrow is up-to-date.
(e) Decisionmaking Authority Public Hearing.

[1] Upon setting of the public hearing, the applicant must provide public notice of such hearing in compliance with the public notice requirements set forth in § 345-808.
[2] The Decisionmaking Authority may conduct the public hearing according to its policies and procedures.
[3] Under no circumstances shall a public hearing be held unless all fees and reimbursable costs due the Village are paid and the project escrow is up-to-date.

(a) In considering a Site Plan application and Site Plan, the Decisionmaking Authority must take into consideration the public health, safety, and general welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and the provision of a diverse and balanced housing stock, and must establish any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter.
(b) The Decisionmaking Authority must ensure that the proposed Development, Site Plan, and Site Plan application comply with each of the following prior to approval:

[1] The Village of Port Chester Comprehensive Plan, as adopted and updated;
[2] The Village of Local Waterfront Revitalization Plan (LWRP), as adopted and updated, if applicable;
[3] Urban renewal plans adopted by the Village of Port Chester, if applicable;
[4] The New York State Environmental Quality Review Act ("SEQRA");
[5] The Supplemental Development Standards of:

[a] Section 345-602 (Site grading);
[b] Section 345-603 (Site drainage);
[c] Section 345-604 (Sewage system);
[d] Section 345-605 (Utilities);
[e] Section 345-606 (Traffic circulation);
[f] Section 345-607 (Facilities for persons with disabilities);
[g] Section 345-608 (Preservation of natural features);
[h] Section 345-609 (Streetscape repairs, replacements and improvements).

[6] The Site Plan application is complete, as evidenced by the Planning and Economic Development Zoning Administrator's Certificate of Completeness;
[7] Compliance with all applicable Building and Lot standards and requirements of Article 4 (Building and Lot Plans and Standards) and Development Parcel standards of Article 5 (Development Parcel Plans and Standards); and
[8] All other applicable provisions of the Village Ordinances, Village Code, and Village rules and regulations, and with all applicable state and federal statutes and regulations.

(c) Reservation of Parkland on Site Plans Containing Residential Dwelling Units.

[1] Before such Decisionmaking Authority may approve a Site Plan containing residential units, such Site Plan shall also show, when required by such Decisionmaking Authority, a park or parks suitably located for playground or other recreational purposes.
[2] Land for park, playground or other recreational purposes may not be required until the Decisionmaking Authority has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular Site Plan will contribute.
[3] In the event the Decisionmaking Authority makes a finding pursuant to Subsection G(4)(c)[2] above that the proposed Site Plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such Site Plan, the applicant shall be required to pay a fee in lieu of to the Village in the amount of $2,000 per dwelling unit, such fee amount as established for subdivisions in § A402-21D of the Code of the Village of Port Chester.
[4] Any monies required by the Decisionmaking Authority in lieu of land for park, playground, or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground, or other recreational purposes, including the acquisition of property.
[5] Notwithstanding the foregoing provisions of this section, if the land included in a Site Plan under review is a portion of a subdivision plat or Development Parcel Plan which has been previously reviewed and approved, the Decisionmaking Authority shall credit the applicant for any land set aside or money donated in lieu thereof under such previous subdivision plat or Development Parcel Plan approval. In the event of resubdivision of a subdivision plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.

(5) Decisionmaking Authority's Action. A Site Plan application must be approved or disapproved by the Decisionmaking Authority in accordance with the following:

(a) SEQRA Determination of Significance. For all Site Plan applications, prior to action on the Site Plan, the Decisionmaking Authority must first provide a determination of significance under SEQRA.
(b) Approval.

[1] A Site Plan must be approved by the Decisionmaking Authority, upon its finding that the application and Site Plan are in compliance with the review criteria set forth in § 345-805G(4).
[2] Approval must be in the form of a resolution by the Decisionmaking Authority. A copy of the resolution must be signed by the Decisionmaking Authority chairperson and sent to the applicant within 10 days of its passage.
[3] If a Site Plan is approved, the Site Plan as approved, must become part of the record of approval, and subsequent actions relating to the authorized Development must be consistent with approved items.

[4] Where a Site Plan approval incorporates multiple tax parcels, the application shall merge the tax lots into a single lot, as a Site Plan condition prior to signature by the Decisionmaking Authority chairperson.

(c) Disapproval.

[1] A Site Plan must be disapproved if the Decisionmaking Authority determines that the application does not comply with any one or more of the review criteria set forth in § 345-805G(4).
[2] Disapproval must be in the form of a resolution by the Decisionmaking Authority setting forth the reasons for its disapproval. A copy of the resolution must be signed by the Decisionmaking Authority chairperson and sent to the applicant within 10 days of its passage.

(d) Endorsement of Action.

[1] Approval Endorsement. Upon closing of the public hearing and action by the Decisionmaking Authority, the applicant shall provide five copies of the Site Plan, updated with any changes requested during the approval process. Upon payment by the applicant of any unpaid fees and reimbursable costs due the Village, the Decisionmaking Authority chairperson and the Planning and Economic Development Zoning Administrator must endorse the action taken on the five copies of the Site Plan and must immediately provide one copy to the applicant with the approval resolution, and one copy to the Department of Planning and Economic Development, the Building Inspector, the Village Engineer, and the Village Clerk for retention in their records.
[2] Disapproval Endorsement. Upon closing of the public hearing and disapproval by the Decisionmaking Authority, the applicant shall pay any unpaid fees and reimbursable costs due the Village. Once such fees are received, the chair of the Decisionmaking Authority and the Planning and Economic Development Zoning Administrator must endorse the action taken by the disapproval resolution, and provide one copy to the applicant, the Department of Planning and Economic Development, the Building Inspector, the Village Engineer, and the Village Clerk for retention in their records.

(a) Wireless Telecommunications Facilities. A Site Plan and Site Plan application for any required Wireless Telecommunications Facility must comply with § 345-405W (Wireless Telecommunications Facilities), as applicable.

(7) Expiration or Lapse of Approval. If a Building Permit related to an approved Site Plan application is not issued within three years from the date the Site Plan was approved, the Site Plan approval shall expire. Notwithstanding the foregoing:

(a) With regard to Site Plan approvals granted on or before March 7, 2020, the deadline for the issuance of a building permit shall be extended to and include April 27, 2023 at which time the Site Plan approval expires. This Subsection G(7)(a) and the relief provided herein shall expire effective April 28, 2023.
(b) With regard to the Station Lofts project to be constructed at 67 New Broad Street, the Site Plan approval and all related project approvals are hereby extended from April 28, 2023, through and including December 31, 2025.