It is the intent of this article to promote
the health, safety, and general welfare of the Village through project
review. A clean, wholesome, attractive environment is declared to
be of importance to the health and safety of the inhabitants of the
Village, and, in addition, such an environment is deemed essential
to the maintenance and continued development of the economy of the
Village and the general welfare of its inhabitants. It is intended
for the Planning Board to attach reasonable safeguards and conditions
to those uses that might otherwise produce deleterious effects on
the environment, the rural and scenic character of the Village or
the Village residents' health, safety and welfare.
A.
Authority. Pursuant to authority delegated in accordance
with § 7-725-a of the Village Law of the State of New York,
the Village Board hereby authorizes the Planning Board to review
and approve, approve with modification or disapprove site plans.
B.
Applicability. Site plan review uses shall be controlled
by the regulations in this article in addition to the regulations
that apply in each district or for specific uses. No zoning permit
or certificate of compliance shall be issued for any use or structure
requiring site plan review until approval has been granted by the
Planning Board.
A.
Authority. Pursuant to authority delegated in accordance
with § 7-725-b of the Village Law of the State of New York,
the Village Board hereby authorizes the Planning Board to grant special
use permits as set forth in this chapter.
B.
Applicability. Uses requiring a special use permit
shall be controlled by the regulations in this article in addition
to the regulations which apply in each district or for specific uses.
No zoning permit or certificate of compliance shall be issued for
any use or structure requiring a special use permit until approval
has been granted by the Planning Board.
An application for project review shall be made
on forms prescribed by the Village. Five copies, minimum, of all materials
shall be submitted to the Board by the applicant. Extra copies as
may be deemed necessary by the Planning Board may be required. The
following information shall be required of all applications, unless
specifically waived by the Planning Board:
A.
Name and address of applicant and owner, if different,
and of the person responsible for the preparation of such drawing;
B.
Date, North arrow, written and graphic scale;
C.
Boundaries of the area plotted to scale, including
distances, bearings, and areas;
D.
The current zoning classification of the property,
including the exact zoning boundary if in more than one district;
E.
A complete outline of existing or proposed deed restrictions
or covenants applying to the property;
F.
Location and ownership of all adjacent lands as shown
on the latest tax records;
G.
A written description of all proposed uses and activities
on the site, including the number and distribution by type of all
dwelling units;
H.
Location, name, and existing width and right-of-way
of adjacent roads, including traffic circulation patterns;
I.
Location, width, and purpose of all existing and proposed
easements, setbacks, reservations, and areas dedicated to public use
adjoining the property;
J.
Location, size, and design of the following: existing,
proposed, and alterations to buildings, driveways, parking and loading
areas, outdoor storage areas, sidewalks or pedestrian paths, drainage
facilities, sewage facilities, water facilities, signs, outdoor lighting,
landscaping or screening, buffer areas, snow storage areas; walls
and fences, energy distribution facilities, fire lanes and other emergency
zones;
K.
Plans for controlling soil erosion and sedimentation
during development;
L.
Plans for grading and drainage showing existing and
proposed contours of five foot intervals;
M.
Significant or outstanding natural features of the
property (e.g., wetlands, streams, high-water lines, cliffs, dense
vegetation, etc.);
N.
Designation of the amount of gross floor area and
gross leasable area proposed for each nonresidential use;
O.
Project construction schedule and staging phases,
if applicable;
P.
An environmental assessment form (EAF) or draft environmental
impact statement (EIS), pursuant to 6 NYCRR Part 617, where required;
Q.
An agricultural data statement, pursuant to Village
Law § 7-739, when applicable;
R.
A statement with the name, address and the nature
and extent of the interest of any state employee, or any officer or
employee of the Village in the application pursuant to General Municipal
Law § 809, when applicable;
S.
Other elements integral to the proposed development
as considered necessary by the Planning Board including identification
of any federal, state, or county permits required for the project's
execution;
T.
Application fee as stated in the fee schedule adopted
by the Village.
A.
Presubmission conference. The applicant is encouraged
to request and attend a presubmission conference with the Planning
Board prior to formal submission of an application. This conference
may be used to discuss rough conceptual drawings, proposed uses, the
possible waiver of submission requirements, the review procedure and
the criteria that the project must meet.
B.
Waiver of requirements. The Planning Board is empowered
to waive, when reasonable, any application requirements for the approval,
approval with modifications or disapproval of site plans or special
use permits submitted for approval. Such waiver may be exercised in
the event requirements are found not to be requisite in the interest
of the public health, safety or general welfare and inappropriate
to a particular site plan or special use permit. The reasons for,
and the scope of, any such waiver granted by the Planning Board shall
be in writing and entered into the minutes of the Board .
C.
Public hearing. Once a completed application has been
formally accepted by the Planning Board at a public meeting of the
Board , the Board shall have a maximum of 62 days to hold a public
hearing on the application to entertain public comment, unless the
hearing is waived. This time period may be extended upon the mutual
consent of the planning Board and the applicant. A waiver of the
hearing shall not be allowed in any one of the following circumstances:
(1)
The use requires a special use permit pursuant to
this chapter;
(3)
The use is over 2,000 square feet of floor or ground
area;
(4)
The use is over 35 feet in height;
(5)
The use requires an increase or change in public water
supply facilities, sewerage facilities, drainage facilities, sidewalks,
roads, curbs, gutters, or other public improvements;
(6)
The applicant has requested a public hearing.
D.
Public hearing notice. At least five days' advance
public notice of the hearing shall be published in a newspaper in
general circulation in the Village. A notice of the hearing shall
be mailed to the applicant at least 10 days before the hearing. The
notice shall also be mailed to any farm operations listed on the agriculture
data statement.
E.
County Planning Board review.
(1)
Pursuant to General Municipal Law § 239-m,
at least 10 days before the hearing, or where the hearing has been
waived, before final action, the Planning Board shall refer all site
plan reviews or special use permits to the County Planning Board that
fall within 500 feet of the following:
(a)
The boundary of the town/Village or any village
within the town;
(b)
A state or county park or recreation area;
(c)
A state or county highway or expressway;
(d)
A state- or county-owned drainage channel;
(e)
State or county land where a public building
or institution is located; or
(f)
The boundary of a farm operation located within
an agricultural district.
(2)
If the County Planning Board does not respond within
30 days from the time it received a full statement on the referral
matter, then the Planning Board may act without such report. However,
any County Planning Board report received after such 30 days but two
or more days prior to final action by the referring body shall be
subject to the provisions of an extraordinary vote upon recommendation
of modification of disapproval. If the County Planning Board recommends
modification or disapproval of a proposed action, the referring Board
shall not act contrary to such recommendation except by a vote of
a majority plus one of all the members.
F.
State environmental quality review. The Planning Board
shall be responsible for the completion of an environmental assessment
form (EAF) for each application and for compliance with 6 NYCRR Part
617 (State Environmental Quality Review Act regulations) in cooperation
with other involved agencies in the review of any application. The
Planning Board shall complete its environmental review and make an
environmental determination prior to final action on the application.
G.
Final decision. The final decision by the Planning
Board must be made within 62 days following the close of the public
hearing or, where the public hearing has been waived, within 62 days
of the official submission date. The decision shall be in writing,
specifying any conditions that may be attached to an approval, the
reasons that the Planning Board approved, approved with modifications
or disapproved the proposal, and the motions/vote of the Planning
Board. This time period may also be extended upon the mutual consent
of the Planning Board and the applicant.
H.
Filing of decision. All decisions shall be filed in
the office of the Village Clerk within five business days of final
action, and a copy mailed to the applicant. Within 30 days of final
action on any matter referred to the County Planning Board, the Planning
Board shall file a report of the final action with the County Planning
Board.
I.
Conditions on approval. In its approval, the Planning
Board shall have the authority to impose such reasonable conditions
and restrictions on the issuance of a zoning permit for the application
as are directly related to and incidental to a proposed site plan.
Upon approval of the project, any such conditions must be met in connection
with the issuance of permits by applicable enforcement officers of
the Village.
J.
Area variance. Notwithstanding any provisions of law
to the contrary, where a proposed project contains one or more dimensional
or physical features which do not comply with the zoning law, application
may be made to the Zoning Board of Appeals for an area variance without
the necessity for a decision or determination of the enforcement officer.
K.
Expiration of site plan reviews and special use permits.
Site plan review decisions and special use permits shall expire six
months from the date of issue unless substantial progress has been
made towards carrying out the terms of Planning Board decision. The
applicant shall have two years to complete the terms of the decision,
or all work shall cease at the site. An extension may be allowed by
the enforcement officer upon proof of necessity submitted by the applicant
due to conditions unusual or beyond the control of the applicant.
