The Planning Board shall consider each application and its parts on its own merits as a function of its relationship with the community, the Village Comprehensive Plan and the circumstances of the particular site. Where specified by the Planning Board, special traffic and other studies and environmental impact statements may be required of the developer, as well as implementation of its conclusions. The Planning Board may incorporate New York State Environmental Quality Review Act (SEQR)[1] requirements governing environmental review or projects. Therefore, the requirements listed below shall be considered as generally acceptable guidelines which may be altered by the Planning Board to suit the particular site.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
A. 
All development shall be designed so as to cause minimal alteration of the topography, aquifers, watercourses, drainageways and their banks and trees.
B. 
Watercourses shall not be disturbed to a minimum of 50 feet from the top of their banks. A conservation easement or covenant shall be filed for such areas stating that no clearing or alteration shall be allowed without Planning Board approval.
C. 
A waterways maintenance easement shall be required in a width from the bank of any stream or drainageway as may be prescribed by the Planning Board.
D. 
Wetlands shall not be altered, developed or used for yield without the required federal, state and village approvals. The Planning Board may incorporate New York State Department of Environmental Conservation (DEC) Wetland Regulations adopted pursuant to Article 24 of the Environmental Conservation Law.
E. 
Areas of poor drainage or those subject to flooding and structures to be built thereon shall be designed in accordance with current guidelines established by the National Flood Insurance Act of 1968.
F. 
Development shall be designed to minimize damage to existing trees, hedgerows or vegetation of unique quality. The Planning Board may also require mitigation or remediation plans to prevent, minimize or correct environmental damage resulting from development or prior use. The sketch plan and preliminary plan required for a subdivision (Chapter 146) and the site plan required for site plan approval (Chapter 140) shall show the general flora of the site with specific locations shown for important items. In general, all trees and all hedgerows and plants of unique quality shall be specifically located or located by groupings and identified. Where appropriate, the Planning Board may require a landscaping plan prepared by a professional landscape architect recognized by the American Society of Landscape Architects.
G. 
The Planning Board may incorporate New York State Wild, Scenic and Recreational River Regulations adopted pursuant to Article 15 of the Environmental Conservation Law.
The village construction standards are included as Appendix A herein.[1] Wherever the construction standards or construction methods and specifications contained herein do not adequately define method, material and construction details, the village shall prescribe and clarify such standards and specifications, and the village's determination shall be final.
[1]
Editor's Note: Appendix A, which contains the village construction standards, is on file in the office of the Village Clerk.
All covenants, restrictions and easements, including those required by the Planning Board, the Village Board and Zoning Board of Appeals, shall be submitted to the village and reviewed and approved prior to the certification of final approval of the subdivision or site plan or prior to the issuance of building permits in all other cases and shall be filed with the County Clerk after certification. All such easements and areas affected by covenants and restrictions shall be shown on the subdivision plan or site plan in final form.
A. 
The village is authorized to charge user impact fees, not preempted by state law, reasonably related to on-site and off-site improvements, the need for which arises as a consequence of the impact of the particular development or site plan under review, including its cumulative impact when considered in conjunction with other developments. The village may adopt standards regarding the imposition of such fees.
B. 
Performance bonds and fees shall be as provided in the village fee schedule.[1] The village is authorized to require a letter of credit or cash undertaking as security for the completion of the improvement in lieu of a bond.
[1]
Editor's Note: The village fee schedule is on file in the office of the Village Clerk.
C. 
The village is authorized to establish the requirements for the posting, reduction or release of performance bonds.
D. 
In the event of nonperformance by the applicant, the village, at its option, may have the work performed and call in the bond.
A. 
All disturbed surfaces shall be stabilized at a slope not greater than one on three (1:3) vertical to horizontal and shall be landscaped with ground cover to the satisfaction of the village.
B. 
Where retaining walls are required by reason of plot grading or terrain, they shall be designed by a licensed professional and approved by the village prior to construction.
A. 
Clearing, road or drainage work shall not commence until plans have been approved and bonded. The village shall be notified a minimum of 24 hours prior to the start of construction. Specific notification is required for the inspection of road subgrade, curb and sidewalk forms, road paving and drainage structures before backfilling.
B. 
A sign shall be erected and maintained indicating that maintenance and snow removal is the direct responsibility of the developer.
C. 
The developer is responsible for keeping village roads, streets and private property free of debris and damage caused by construction operations or by stormwater runoff from the development site. Any damage so caused shall be immediately repaired by the developer at his own expense. If, after due notice by the Building Official or Code Enforcement Officer, the developer does not proceed within 24 hours to make the necessary repairs or to remove the debris caused by his operations, the village is empowered to authorize the necessary corrective measures, and the costs of which shall be paid by the developer.
D. 
However, in any emergency arising during the construction period of a development where the developer or his representative is not immediately available to take responsible charge, the village shall take such measures and render such decisions as may be necessary to control the situation. Any resultant costs shall be borne by the developer at no expense to the village. Snow removal shall be considered such an emergency.
E. 
Failure on the part of a developer to effect completion of his bonded improvements in an orderly and timely manner shall be deemed to be cause for the denial of requests for building permits and/or certificates of occupancy.
F. 
It shall be mandatory upon the developer that the work proceed in accordance with the best construction practice and that all necessary measures be taken for the protection of the public health, safety and welfare. The decision of the village shall be final and binding in these matters.
Any use of floodlighting or other external lighting shall be prohibited unless proper safeguards are taken to shield said lighting from all nearby residences or roadways where said lighting may interfere with the safety of the motoring public.
Locations shall be provided on-site for dumpsters which shall be enclosed by landscaping, fencing or materials similar to the principal building on the lot.
Unless specifically exempted therefrom in whole or in part by the Village Board upon cause shown, no building hereafter erected or land hereafter used shall be so erected or used unless and until all minimum requirements for the following site improvements have been met:
A. 
Off-street parking. Parking spaces shall be installed and maintained as required pursuant to Chapter 177, Article XVI and the village construction standards.
B. 
Parking surfacing. All parking spaces, loading areas, entrances, exits and maneuvering areas shall be installed and maintained pursuant to Chapter 177, Article XVI, and the Village construction standards.
C. 
Curbs and sidewalks. Curbs shall be installed along all street, highway or road frontages in accordance with the village construction standards.[1] Sidewalks shall be installed along all street, highway or road frontages in accordance with the Village construction standards when required by the Village Board of Trustees.
[Amended 3-2-2010 by L.L. No. 1-2010]
[1]
Editor's Note: The Village construction standards are on file in the office of the Village Clerk.
D. 
Entrances and exits. The number and location of all entrances and exits shall be established and maintained as approved by the Village.
E. 
Curb cuts.
(1) 
All curb cuts for entrances and exits shall be not less than 15 feet in width nor more than 30 feet in width. Such curb cuts shall not be located as follows:
(a) 
Within 10 feet of an interior property line.
(b) 
Within 25 feet of a corner or within 15 feet of the point of tangency of the property line with the curb of a corner if the corner is rounded or pie-shaped.
(c) 
So as to allow access to an unimproved street.
(2) 
Curb cuts shall be no closer to each other than 25 feet.
F. 
Drainage. All drainage from structures and hard-surfaced areas shall be self-contained and located on the subject premises. All drainage shall be installed and maintained in accordance with Article IV hereof.
G. 
Landscape planting. All landscape planting to be in accordance with Article VI herein.
[Amended 3-2-2010 by L.L. No. 1-2010]
H. 
Building setbacks from residence districts. No main buildings or off-street loading areas in nonresidential districts shall be located within 50 feet of a residence district boundary.
I. 
To the extent applicable, all land development pursuant to this chapter shall conform as well to the provisions of and be consistent with the requirements of Chapter 143, Part 2, Stormwater Management, Erosion and Sediment Control, of this Code.
[Added 3-4-2008 by L.L. No. 3-2008]