A.
The Planning Board is hereby authorized, pursuant
to § 7-725-a of the Village Law, to review and approve,
approve with modifications or disapprove preliminary site plans and
final site plans.
[Amended 11-10-1997 by L.L. No. 4-1997]
B.
Prior to issuing a building permit for the construction
of a building, or for the alteration of a building if the area of
any floor would be increased 25% thereby, and prior to the issuance
of a zoning permit or certificate of occupancy for a change of use
or occupancy of land or a building such that the off-street parking
facilities required for that parcel would be changed, the Zoning Officer
shall refer the site plans of the lot to the Planning Board for its
review and approval. Site preparation or the commencement of construction
prior to the termination of proceedings under this article is prohibited.
The construction or alteration of a one- or two-family dwelling is
hereby exempted from this article; and, except for a one- or two-family
dwelling, no zoning permit, building permit or certification of occupancy
shall be issued except in compliance with the standards and procedures
set forth in this article.
A.
Any preliminary application for site plan approval
shall be made, in writing, to the Zoning Officer and shall be accompanied
by the following information prepared by a licensed engineer, architect,
landscape architect or surveyor, drawn to a scale of not greater than
one inch equals 20 feet or smaller than one inch equals 100 feet,
submitted on a sheet 20 inches by 20 inches:
(1)
One area map shall be provided showing the applicant's
entire holding, that portion of the applicant's property under consideration,
and all properties, subdivisions, streets and easements within 500
feet of the applicant's property.
(2)
If grades exceed 3% or if portions of the site have
a moderate to high susceptibility to erosion or a moderate to high
susceptibility to flooding and ponding, one topographic map, showing
contour intervals of not more than five feet of elevation, shall be
provided.
(3)
Fifteen copies of a preliminary site plan shall be
provided, which shall include the following information:
[Amended 11-10-1997 by L.L. No. 4-1997]
(a)
The title of the drawing, including the name
and address of the applicant.
(b)
The North point, scale and date.
(c)
The boundaries of the property plotted to scale.
(d)
The existing watercourses.
(e)
A site plan showing the location, proposed use
and height of all buildings; the location of all parking and truck
loading areas, with access and egress drives thereto; the location
of outdoor storage, if any; the location of all existing or proposed
site improvements, including drains, culverts, retaining walls and
fences; a description of the method of sewage disposal and the location
of such facilities; the location and size of all signs; the location
and proposed development of buffer areas; and the location and design
of lighting facilities. In addition, the site plan must state the
gross floor area and net floor area for each building and delineate
and state the area of each use therein, including flex space, if any.
(4)
A tracing overlay shall be provided showing all soil
areas and their classifications and those areas, if any, with a moderate
to high susceptibility to erosion. For areas with potential erosion
problems, the overlay shall also include an outline and description
of existing vegetation.
B.
The Planning Board may, in its discretion, waive such
of the foregoing as may not be necessary in the interest of the public
health, safety or general welfare, or for proper review of the application.
[Amended 11-10-1997 by L.L. No. 4-1997]
C.
The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act (SEQR)[1] and implementing regulations thereunder. An application
for preliminary site plan approval shall not be considered complete,
and the review period shall not begin to start, until either a negative
declaration has been made or a draft environmental impact statement
has been filed.
[Added 11-10-1997 by L.L. No. 4-1997]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
D.
Where a preliminary site plan contains one or more
features which do not comply with the provisions of this chapter,
applications may be made to the Zoning Board of Appeals for an area
variance without the necessity of a decision or determination of an
administrative official charged with the enforcement of zoning regulations.
[Added 11-10-1997 by L.L. No. 4-1997]
A.
The Planning Board's review of a preliminary site
plan shall include but is not limited to the following considerations:
(1)
The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, channelization
structures and traffic controls.
(2)
The adequacy and arrangement of pedestrian traffic
access and circulation, including the separation of pedestrian from
vehicular traffic, walkway structures, control of intersections with
vehicular traffic and pedestrian convenience.
(3)
The location, arrangement, appearance and sufficiency
of off-street parking and loading areas.
(4)
The location, arrangement, size and design of buildings,
lighting and signs.
(5)
The adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or a noise-deterring
buffer between these and adjoining lands.
(6)
In the case of an apartment house, townhouse or multiple
dwelling, the adequacy of usable open space for playgrounds and informal
recreation.
(7)
The adequacy of stormwater and sanitary waste disposal
facilities.
(8)
The adequacy of structures, roadways and landscaping
in areas with a moderate to high susceptibility to flooding and ponding
and/or erosion.
(9)
The protection of adjacent properties against noise,
glare, unsightliness or other objectionable features.
B.
In its review, the Planning Board may consult with
the Village Engineer and other Village, town and county officials,
as well as with representatives of federal and state agencies, including
the Soil Conservation Service and the New York State Department of
Environmental Conservation. The Planning Board may require that the
exterior design of all structures be made by or under the direction
of a registered architect, whose seal shall be affixed to the plans.[1]
C.
When reviewing a site plan because of a change in
the use or occupancy of land, a building or any portion thereof, the
Planning Board shall consider the impact of the proposed change upon
other uses within the same building or parcel. To the extent practical,
the Planning Board may require such modification thereto as will promote
the most efficient use of land consonant with compliance with the
provisions of this chapter. In no event shall the Planning Board waive
the direct application of a local law provision to the changed use
or occupancy under review.
The Planning Board may require such additional
provisions and conditions that appear necessary for the public health,
safety and general welfare.
[Amended 11-10-1997 by L.L. No. 4-1997]
A.
Upon receipt of an application for preliminary site
plan approval the Planning Board shall refer such application to the
Monroe County Department of Planning and Development in accordance
with General Municipal Law § 239-m.
B.
The Planning Board shall comply with the provisions
of SEQR and implementing regulations thereunder. An application for
preliminary site plan approval shall not be considered complete, and
the review period shall not begin to start, until either a negative
declaration has been made or a draft environmental impact statement
has been filed.
C.
Within 62 days of receipt of a complete application
for preliminary site plan approval, the Planning Board shall act on
it. The Planning Board's action shall be in the form of a written
statement to the applicant stating whether the preliminary site plan
is conditionally approved. A copy of the appropriate minutes of the
Planning Board shall be a sufficient report.[1]
D.
The Planning Board may recommend in its statement
desirable revisions to be incorporated in the final site plan, conformance
with which shall be a condition of approval. If the preliminary site
plan is disapproved, the Planning Board's statement shall contain
the reasons therefor. The Planning Board may recommend further study
of the site plan and resubmission of the preliminary site plan to
the Planning Board after it has been revised or redesigned.
E.
No modifying of existing stream channels, filling
of lands with a moderate to high susceptibility to flooding, grading
or removal of vegetation in areas with a moderate to high susceptibility
to flooding, grading or removal of vegetation in areas with a moderate
to high susceptibility to erosion or excavating for or constructing
of site improvements shall begin until the developer has received
final site plan approval. Failure to comply shall be construed as
a violation of this chapter and, where necessary, final site plan
approval may require the modification or removal of unapproved site
plan improvements.
F.
The Planning Board shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to a preliminary site plan. Such conditions must
be met in connection with the issuance of permits by applicable enforcement
agents or officers of the Village.
A.
After receiving conditional approval from the Planning
Board on a preliminary site plan and approval for all necessary permits
and curb cuts from state and county officials, the applicant may prepare
his final detailed site plan and submit it to the Planning Board for
approval; except that if more than six months has elapsed between
the time of the Planning Board's report on the preliminary site plan
and if the Planning Board finds that conditions have changed significantly
in the interim, the Planning Board may require a resubmission of the
preliminary site plan for further review and possible revision prior
to accepting the proposed final site plan for review.
B.
The final detailed site plan shall conform substantially
to the preliminary site plan that has received preliminary site plan
approval. It should incorporate any revision or other features that
may have been recommended by the Planning Board at the preliminary
review. All such compliances shall be clearly indicated by the applicant
on the appropriate submission.
[Amended 11-10-1997 by L.L. No. 4-1997]
A.
Within 62 days of the receipt of the application for
final site plan approval for a site plan in substantial conformity
with the previously approved preliminary site plan, the Planning Board
shall render a decision to the Zoning Officer. If no decision is made
within the sixty-two-day period, the final site plan shall be considered
approved.
B.
If the final site plan is not in substantial conformity with the previously approved preliminary site plan, the Planning Board may determine to treat the application as an application for preliminary site plan approval and act thereon pursuant to § 550-21.
C.
Upon approving an application for final site plan
approval, the Planning Board shall endorse its approval on a copy
of the final site plan and shall forward it to the Zoning Officer,
who shall then issue or cause to be issued 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 Zoning Officer and he shall deny or cause to be
denied 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.
