The Board of Trustees hereby finds that the proper and desirable development
of residential lots requires the retention of native trees, shrubs, flora,
fauna and ground cover, the preservation of animal habitat, protection of
slopes, strict compliance with drainage regulations in order to prevent pollution
and recharge aquifers, and the use of imaginative ways to create a balance
between reasonable enjoyment and improvement of land and the preservation
of dwindling natural resources and the Village. It is for these reasons that
the Board of Trustees hereby grants additional authority to the Planning Board
to review site plans as permitted by § 7-725-a of the Village Law.
The Planning Board, in addition to its authority set forth in Chapter
180 and Chapter
205 of this Code, is hereby authorized to review and approve, approve with modifications, or disapprove site plans prepared to specifications set forth herein relating to parking, means of access, screening, landscaping, location and dimension of buildings, adjacent land uses and physical features meant to protect the adjacent land uses and the protection of slopes, wetlands, water bodies and other natural resources of the Village as follows:
A. For residential lots shown on any subdivision plat approved
after January 1, 2007, the Planning Board shall have concurrent authority
with the Architectural Site Plan Commissioner (ASPC) to approve a site plan
for any lot shown on such a plat that the Planning Board identifies as requiring
its site plan approval prior to the issuance of building permits for such
lot.
B. For conditional uses as provided in §
205-20 of this Code.
C. No building permit for a building or structure subject
to site plan review shall be issued by the Building Department, except upon
authorization of and in conformity with the site plan approved pursuant to
this chapter.
The Planning Board shall be required to follow and be guided by the
following standards:
A. Structures, driveways, and paved areas shall be located
in open areas to the maximum extent possible to preserve native stands of
mature trees, slopes, and animal habitat.
B. Natural areas of trees, foliage, and undergrowth shall
be preserved to maintain habitat for wildlife.
C. New landscaping in the side and rear yards is to be discouraged
so that buffer zones of native trees, foliage, and animal habitat can be preserved
between properties.
D. New landscaping should be encouraged to be installed
only in areas near the dwelling and accessory structures and front yard in
order to maintain buffer areas of natural trees and shrubs and native ground
cover between lots.
E. Impervious surfaces such as driveways, parking areas
and terracing should be kept to a minimum to avoid excessive runoff of drainage,
and on-site drainage facilities should be required when feasible.
F. The size of lawns should be limited to reduce the use
of water resources and minimize the use of fertilizers that pollute watercourses
and natural bodies of water.
G. Fences (such as post-and-rail fences and open-slat fences)
that facilitate the migration of small animals between natural buffer areas
should be encouraged. Stockade, chain-link and other impervious fences should
only be used if there is a legitimate security or safety reason for their
use.
H. The facilities and structures shown on the site plan
shall at least comply with the requirements of applicable zoning regulations.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related and incidental to a proposed
site plan. Upon its approval of a plan, any such conditions must be met in
connection with the issuance of permits by applicable enforcement agents or
officers of the Village. Where appropriate, the Board may impose the following
conditions:
A. The property lines and location of buildings to be staked.
B. The proposed location of future buildings and facilities.
C. Hay bales be utilized to prevent excessive runoff and
erosion.
D. Orange construction fence to be placed in such a manner
to protect land that is not to be disturbed.
E. Submission of an agreement signed by a professional engineer
or architect that such professional will be responsible for the proper supervision
of the project.
F. The Planning Board may require a performance bond or
security to be furnished to the Village by the owner sufficient to cover the
full cost of the proper installation of required improvements as estimated
by the Planning Board. Such security shall be provided to the Village pursuant
to the provisions of Subdivision 9 of § 7-730 of the Village Law.
G. Any other condition that is appropriate to meet the purposes
of this chapter.
The Planning Board, when reasonable, may waive any requirements for
the approval, approval with modifications or disapproval of site plans submitted
for approval. Any such waiver shall be subject to appropriate conditions such
as the posting of security or a declaration of covenants and restrictions
running with the land in the event any such requirements are found not to
be requisite in the interest of public health, safety or general welfare or
inappropriate to a particular site plan.