The intent of site plan review is to provide standards and authority
for Planning Board review of proposed new uses and development in
order to:
A. Ensure the proper arrangement and development of uses and site improvements
to minimize negative impacts to the natural environment, neighboring
properties and the community.
B. Ensure new uses, developments and redevelopments are established
in accordance with the objectives of Village's adopted plans
and the stated intent of the respective zoning district.
C. Require mitigation of impacts not already addressed through enforcement
of:
(1) The New York State Uniform Fire Prevention and Building Code (Uniform
Code) and the New York State Energy Conservation Construction Code
(Energy Code).
(2) New York State Environmental Quality Review (SEQR).
(3) Applicable Village of Newark Code requirements.
Prior to issuing a building permit for the construction of a
building in any district, except a one- or two-family dwelling and
accessory uses, the Code Enforcement Officer shall examine for compliance
with the site plan review; and, if in his or her opinion, the site
plan should be reviewed by the Planning Board for any reason, including
but not limited to that such use may not be in the interest of the
health, safety and general welfare of the residents of the Village,
the Code Enforcement Officer shall refer the site plans for such construction
to the Planning Board for its review and approval.
A. Application fee. The filing of an application for site plan approval
shall be accompanied by a fee as set forth from time to time by resolution
of the Board of Trustees.
B. Number of copies. Fourteen copies of the application package shall
be presented to the Code Enforcement Officer by the predetermined
application deadline, approximately one month before the Village Planning
Board meeting. If the application also includes variances, then an
additional six copies are required. Electronic versions of the site
plans shall also be submitted (PDF, GIS shapefile, and AutoCAD). This
should include, if possible, delivery of as-built surveys for infrastructure
and building footprints in CAD and GIS formats.
Submission of a sketch plan may be requested on the behalf of
the applicant or the Planning Board may require submission of a sketch
plan. The Planning Board's purpose in reviewing sketch plans
shall be solely to provide an opportunity for informal discussions
concerning a proposed development and to determine the information
to be required on the preliminary site plan.
A. The sketch plan shall be clearly designated as such and shall identify
all existing and proposed:
(1) An area map showing the parcel under consideration for site plan
review and all properties, subdivisions, street, and easements within
200 feet of the boundaries thereof.
(2) Zoning classifications and required dimensional data, such as setbacks
and lot coverage.
(3) Development, including buildings, pavement and other improvements.
C. The Planning Board and the Code Enforcement Officer shall review
the sketch plan to determine the total area of soil disturbances.
Disturbance of more than one acre would require coverage under SPDES
General Permit GP-10-15-002.D. Planning Board members may suggest
modifications to, but shall not approve or disapprove, the sketch
plan. Comments made by individual Board members during sketch plan
review shall not be interpreted as constituting approval or disapproval
by the Board, nor shall be interpreted to limit the scope of any subsequent
review or approval of a derivative plan.
Any preliminary application for site plan approval shall be
made in writing to the Code Enforcement Officer and shall be accompanied
by the following information prepared by a New York State licensed
professional engineer, architect, and/or surveyor:
A. An area map showing the applicant's entire holdings, that portion
of the applicant's property under consideration and all properties,
subdivisions, streets and easements adjacent to the applicant's
property, within 200 feet of the boundaries thereof.
B. If grades exceed 3%, or portions of the side have a moderate-to-high
susceptibility to erosion or a moderate-to-high susceptibility to
flooding and ponding, a topographic map showing contour intervals
of not more than two feet of elevation shall be provided.
C. Name, address, phone number and seal of the New York State licensed
professional engineer or surveyor responsible for the plan.
D. The preliminary site plan shall be clearly marked as preliminary
and show all of the following existing conditions and general information:
(1) Title of drawing, including name and address of applicant.
(2) All dimensions shall be shown in feet and in hundredths of a foot.
(3) Date, North point and scale. The site plan shall be at a scale of
no more than 100 feet to the inch.
(4) The names of owners of all adjacent property (within 200 feet) of
the boundaries thereof.
(5) Existing property lines, building setback lines, easements, deed
restrictions and right-of-way lines, with dimensions.
(7) All monuments, iron pipes and bench marks.
(11)
Signature block for the Planning Board Chairperson (others may
be required).
(12)
Zoning data table (proposed and existing dimensional data).
(13)
Wetlands, streams, and other drainage corridors, flood hazard
areas (FEMA - Flood Insurance Rate Map), ponds, canals, open spaces
environmental sensitive areas and any other natural features.
(14)
Existing significant man-made features, including but not limited
to:
(a)
Building with property line setbacks.
(b)
Width, location, and sight distances for private driveways.
(c)
Limits of pavement and parking areas.
(d)
Sanitary and storm sewers.
(e)
Wastewater treatment systems.
(f)
Water mains and fire hydrants.
(g)
Drainage features, including stormwater facilities, culverts
and swales.
(h)
Utility lines and related facilities, including gas, electric
and telephone.
(i)
Existing contours, at vertical intervals of no more than five
feet.
(15)
Proposed conditions:
(a)
Proposed location, boundaries and uses of all buildings.
(b)
The proposed building setback from each property line and other
buildings on the same lot.
(c)
Proposed contours, at vertical intervals of no more than five
feet.
(d)
The boundaries and nature of all proposed easements, deed restrictions
and other encumbrances.
(e)
Location and dimension of all areas to be protected as open
space.
(f)
Location and dimensions of all public buildings, public areas
and other parcels of land proposed to be dedicated to or reserved
for public use.
(g)
Site improvements, such as drains, culverts, water mains, laterals,
hydrants, meters and valves.
(h)
Limits of pavement and parking areas; truck-loading areas.
(i)
Delineation of limits of any land to be disturbed in any manner
including areas to be cleared of vegetation, cut, filled, excavated,
or graded. The delineation shall include dimensions and other references
needed to allow efficient field verification.
(j)
Proposed landscaping, lighting, signage, fencings, dumpster
enclosures and outdoor storage areas.
[1]
Screening of refuse collection areas.
[a] All refuse containers or receptacles shall be screened
or enclosed on all sides.
[b] Refuse containers or receptacles shall be located
to the side or rear of buildings and shall meet the accessory structure
setbacks of the applicable zoning district.
[c] Areas shall be screened with an opaque material,
which may include fences, walls, plantings or a combination thereof
not to exceed six feet in height.
[d] Natural vegetation shall form an opaque screen
and attain six feet in height within two years of planting.
[2]
Landscaping.
[a] The Planning Board may require that landscape plans
be prepared and stamped by a professional New York State registered
landscape architect, certified nursery and landscape professional
or landscape designer, pending the size of the project site.
[b] A landscape plan shall be filed by any person seeking
a site plan approval.
[c] A landscape plan shall be drawn to scale and include
the following:
[i] The location, number, and description of all landscaping
materials proposed.
[ii] The location and size of any structures, parking
areas, and drives proposed.
[iii] Landscaping is encouraged around all freestanding
signs.
[d] The Planning Board shall review and approve any
landscape plans as part of its review of any site plan, subdivision
plat, or zoning amendment.
[e] After a period of three years, it is expected that
the landscaping be maintained according to standards that were set
forth at site plan approval.
(k)
Location, size and invert elevations of all proposed sanitary
and storm sewers and location of all manholes inlets and culverts.
E. Completed application and associated fees, as set forth from time
to time by resolution of the Board of Trustees.
F. SEQR: All applications will require at a minimum a short environmental
assessment form (EAF) in accordance with the State Environmental Quality
Review Act and regulations. Larger projects may require a full EAF.
Consult with the Code Enforcement Officer to determine the scope of
the project.
G. A letter of intent explaining the project.
The Planning Board may require such additional provisions and
conditions that appear necessary for the public health, safety and
general welfare.
Within 62 days of the receipt of the application for final site
plan approval, the Planning Board shall render a decision to the Code
Enforcement Officer.
A. The Planning Board shall, by resolution, approve, approve with conditions,
or disapprove a final site plan.
B. Within five business days of the Planning Board resolution approving,
conditionally approving or disapproving a final site plan, said resolution
shall be certified by the Secretary of the Planning Board, and a copy
of the certified resolutions shall be filed with Village Clerk. The
minutes shall be provided to the Village Clerk, the Village Board,
and the applicant within two weeks of the Planning Board decision.
C. Upon approving an application, the Planning Board Chairperson shall
endorse its approval on a copy of the final site plan and shall forward
it to the Code Enforcement Officer, who shall then issue a building
permit to the applicant if the project conforms to all other applicable
requirements.
D. Upon disapproving an application, the Planning Board shall so inform
the Code Enforcement Officer, and the Code Enforcement Officer shall
deny a building permit to the applicant. The Planning Board shall
also notify the applicant in writing of its decision and its reasons
for disapproval. A copy of the appropriate minutes may suffice for
this notice.
E. Final site plan approval cannot be granted for any project until
all necessary variances from the Village Zoning Board of Appeals have
been granted, any letter of credit required by the Village Board executed
and any required review referral has been received from the Wayne
County Planning Board in accordance with the provisions of § 239-m
of the General Municipal Law.
F. Final approved site plans shall be submitted to the Village in electronic
format (PDF, GIS shapefile, and AutoCAD). This should include, if
possible, delivery of as-built surveys for infrastructure and building
footprints in CAD and GIS formats.
In approving the site plan, the Planning Board may require that
the applicant first furnish a performance bond, letter of credit or
certified check, with the amount to be determined by the Code Enforcement
Officer, Village Engineer, Village Attorney, the head of the Department
of Public Works, the Village Treasurer, or other competent persons
for the purpose of guaranteeing the completion of such items as set
forth in the site plan as will affect the public interest, such as
but not limited to drainage, streets, recreational areas, shade trees
or shrubbery and required landscaping, off-street parking, loading
and unloading zones, artificial lighting, sidewalks, curbs and driveways.
The Planning Board may waive any of the requirements or details
specified to be shown on the site plan in any given application if
the Planning Board determines that certain requirements or specifications
are not necessary to be shown in order to ensure that the said site
plan conforms to the standards of good planning and will have no deleterious
effect on the neighboring properties and indicates sufficient materials
to assure adequate protection of the health, welfare and safety of
the people of the Village. In permitting such a waiver, the Planning
Board may require such conditions as will, in its sole discretion,
substantially secure the objectives of the standard requirements so
changed or modified.