Village of Delhi, NY
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 12-16-1996 by L.L. No. 3-1996 (Ch. 36 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 153.
Subdivision of land — See Ch. 255.
Zoning — See Ch. 300.

§ 243-1 Intent and purpose.

[Added 11-15-1999 by L.L. No. 6-1999]
The intent of this chapter is to set forth additional general standards applying to certain land uses and activities. The nature of these uses and activities requires special consideration of their impacts upon surrounding properties, the environment, community character and the ability of the Village to accommodate development consistent with the objectives of this chapter and Chapter 300, Zoning.

§ 243-2 When required.

A. 
Site development plan approval by the Planning Board shall be required for:
(1) 
The erection or enlargement of all buildings other than one-family residences, in all districts.
(2) 
All uses of land where no building is proposed.
(3) 
External improvements. A site development plan shall be submitted in accordance with this section for all new or change of uses in existing structures which require additional parking or other exterior improvements.
B. 
In all cases where any amendment of any such plan is proposed, the applicant must also secure the approval of the Planning Board.
C. 
No building permit may be issued for any building within the purview of this section until an approved site development plan or amendment to any such plan has been secured by the applicant and presented to the Code Enforcement Officer.
D. 
No certificate of occupancy may be issued for any building or use of land within the purview of this section unless the building is constructed or used or the land is developed or used in conformity with an approved site development plan or an amendment of such plan. The Planning Board and Code Enforcement Officer shall certify on each site development plan whether or not the plan meets the requirements of the Chapter 300, Zoning, other than those enumerated in sections of this chapter regarding site development plan approval.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 243-3 Discussion prior to submission.

[Amended 11-15-1999 by L.L. No. 6-1999]
Prior to the submission of a formal site development plan, the applicant shall meet in person with the Code Enforcement Officer to discuss the proposed site development plan in order to determine which of the requirements of § 243-4B may be necessary in developing and submitting the required site development plan.

§ 243-4 Information to be submitted.

A. 
Application; waiver.
[Amended 11-15-1999 by L.L. No. 6-1999]
(1) 
At least 14 days in advance of the Planning Board meeting, at which meeting the site development plan or an amendment of it is to be submitted, the information enumerated in § 243-4B must be submitted as required to the Village Clerk, in quadruplicate, along with a letter of application and an application form. All maps and/or plans submitted must be at a scale of not less than 40 feet to the inch, on a sheet 24 inches by 36 inches, or multiples thereof. The Code Enforcement Officer shall review the application with respect to the requirements of § 243-4B and Chapter 300 of the Village Code. Once it is determined that these requirements have been met, the Code Enforcement Officer shall sign the certification on the site plan application form.
(2) 
All of the requirements in § 243-4B must be met in each plan, unless the Code Enforcement Officer waives any of these requirements. The Code Enforcement Officer, as a result of the presubmission conference, may waive any of the requirements of § 243-4B prior to the submission of a formal site plan when, in his or her discretion, such requirements are not material to the project under review. The Planning Board may overrule any waivers so granted and require compliance with these requirements before accepting a site plan submission. Additionally, the Planning Board shall retain its power to grant waivers as described in § 243-8.
B. 
The information to be submitted for a site development plan is as follows:
(1) 
Legal data.
(a) 
The names of all owners of record of all adjacent property, and the lot, block and section number of the property.
(b) 
The existing school, zoning and special district boundaries, on an insert, on a scale of one inch equals 400 feet or one inch equals 800 feet.
(c) 
The boundaries of the property to be developed, the building or setback lines, if different from those required in Chapter 300, Zoning, and the lines of existing streets, lots, reservations, easements and areas dedicated to public uses. All lengths shall be in feet and decimals of a foot, and all bearings shall be given to the nearest 10 seconds.
(d) 
A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
(2) 
Existing buildings and facilities.
(a) 
The location of existing buildings.
(b) 
The location of existing water mains, culverts and drains on the property with pipe sizes, grades and direction of flow, wells, etc.
(c) 
The sanitary sewers and disposal systems.
(3) 
Topographic data.
(a) 
The existing contours with intervals of two feet or less, referred to a datum satisfactory to the Board.
(b) 
The existing watercourses, marshes, wooded areas, rock outcrops, single trees with a diameter of eight inches or more, measured three feet above the base of the trunk, and other significant existing features.
(4) 
Development data.
(a) 
The title of the development, the date, North point, scale and the name and address of the record owner, engineer, architect, land planner or landscape architect preparing the site development plan.
(b) 
The proposed use or uses of the land and buildings and the proposed location of the buildings, including proposed grades.
(c) 
All proposed lots, easements and public and community areas.
(d) 
All proposed streets with profiles indicating grading, and cross sections showing the width of the roadway, the location and width of the sidewalk and the location and size of the utility lines, according to the standards and specifications contained in the street improvement specifications of the town. All lengths shall be in feet and decimals of a foot, and all bearings shall be given to the nearest 10 seconds.
(e) 
All means of vehicular access and egress to and from the site onto adjacent streets.
(f) 
The location and design of any off-street parking or loading areas, including the proposed surfacing of the same.
(g) 
The location of all proposed water lines, valves and hydrants and of all sewer lines or alternative means of water supply and of sewage disposal and treatment.
(h) 
The proposed location, direction, power and time of proposed outdoor lighting.
(i) 
The proposed screening and landscaping, including a planting plan prepared by a qualified landscape architect, architect or engineer.
(j) 
The proposed location, height and design of any proposed fences.
(k) 
The proposed stormwater drainage system.
(l) 
Building elevations or architectural renderings of proposed buildings.

§ 243-5 Procedures.

A. 
Public hearing and decision of site development plans. At its discretion, the Planning Board may hold a public hearing on a proposed site development plan. Such hearing shall be held within 62 days from the day the application is accepted at the official Planning Board meeting. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before such hearing, and shall give public notice of said hearing in a newspaper of general circulation in the Village at least five days prior to the date thereof and shall make a decision on the application within 62 days after such hearing, or after the day the application is received if no hearing has been held. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning Board shall immediately be filed in the office of the Village Clerk and a copy thereof mailed to the applicant.
B. 
Referrals to other agencies.
(1) 
In addition to referral of site plans to other agencies as required by law, the Planning Board may refer site plans to other federal, state, county, local, private or quasi-public agencies for their recommendations within their particular fields of expertise. The Planning Board shall receive written reports by other agencies that have been requested to submit a report, provided that such agencies shall report within 30 days from the submission to said agency to review and comment on same. Failure of any agency to respond within the prescribed time period shall constitute recommendation of approval of said application by that agency.
(2) 
When required by § 239-m of General Municipal Law, copies of the application will be sent to the Delaware County Planning Board for review. In the event that a public hearing is scheduled, the Planning Board shall mail notices thereof to the Delaware County Planning Board as required by § 239-m of the General Municipal Law. The Delaware County Planning Board must be sent notice of the public hearing at least 10 days prior to the public hearing. The notice shall be accompanied by a full statement of the matter under consideration, as defined in § 239-m of the General Municipal Law. If the Delaware County Planning Board submits a report that recommends disapproval or conditional approval, then the Planning Board may override that agency's decision by a vote of a majority of its members plus one. If the Planning Board votes to override the Delaware County Planning Board decision, the Planning Board shall provide a written statement explaining the reasons for the overriding vote. The Delaware County Planning Board must be notified of the final action taken by the Planning Board within seven days of its decision.
C. 
Compliance with the State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.

§ 243-6 Review by Planning Board.

The Planning Board shall review the plan or any amendment thereto. In considering the approval of the site development plan, the Planning Board shall 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 shall make any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter and particularly in regard to achieving:
A. 
Maximum safety of traffic access and egress.
B. 
A site layout, including the location, power, direction and time of any outdoor lighting of the site, which would have no adverse effect upon any properties in adjoining residence districts by impairing the established character or the potential use of properties in such districts.
C. 
Reasonable screening, at all seasons of the year, of all playgrounds, parking and service areas from the view of adjacent residential properties and streets.
D. 
Conformance of the proposed site development plan with such portions of the Comprehensive Plan of the town as may be in existence from time to time.
E. 
In applicable cases, a drainage system and layout which would afford the best solution to any drainage problems, including off-site improvements necessary to properly handle increased runoff.
F. 
In applicable cases, minimizing the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be given to the planting of replacement trees.
G. 
Village character-building setbacks, area, signage and landscaping of the development, and how these features harmonize with the surrounding villagescape and the natural landscape.

§ 243-7 Maintenance security.

A. 
The Village Board may require the posting of a maintenance security of 1/2 of 1% of construction cost to guarantee the upkeep of landscaping, screening and safety devices and to ensure the general cleanliness and proper housekeeping of the grounds and environs of the area approved under the special permit and/or site development plan approval.
B. 
After a period of two years, if the developer has satisfactorily complied with the requirements above enumerated, he shall be eligible to apply for a reduction of the security posted.

§ 243-8 Waivers.

Upon findings by the Planning Board, due to special conditions peculiar to a site, that information normally required as part of the site development plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary hardships, the Board may waive the provision of such information, provided that such waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site development plan submission, the Official Map, Comprehensive Plan or this chapter.

§ 243-9 Court review.

Any person aggrieved by a decision of the Planning Board with respect to site development plan approval may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision by the Planning Board in the office of the Village Clerk.

§ 243-10 Penalties for offenses. [1]

Penalties for offenses shall be punishable as provided in § 300-66 of this Code.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).