A.
The Planning Board is authorized to review and approve, approve with
modifications or disapprove site plans. Site plan approval by the
Planning Board is required for all uses permitted in the General Business
District (GB) and the Residential Business District (RB), except for
one-family dwellings and agriculture, and for all special permit uses
in all districts. Site plan approval is also required for multifamily
and row or townhouse dwellings in the Pine Street Overlay District
(PS-O).
[Amended 11-17-2010 by L.L. No. 1-2010; 9-19-2012 by L.L. No.
3-2012]
B.
The Planning Board shall also determine the applicability
of the State Environmental Quality Review Act (SEQR). An environmental
assessment form (EAF), to be completed by the applicant, is required
if the proposed project is classified as Type I or unlisted according
to SEQR.
A.
Application to Zoning Enforcement Officer. As provided by § 231-55, application for a permit shall be made to the Zoning Enforcement Officer prior to the commencement of the excavation for, or the construction of, any building or structure or the use of land. If, upon receipt of such application, the Zoning Enforcement Officer determines the permit for the excavation, construction or use of land shall not be issued without the approval of a site plan by the Planning Board, the ZEO shall provide the applicant with an application for site plan approval. Upon receipt of the completed application, the ZEO shall, within five days of its receipt, forward the application to the Planning Board.
A.
In acting on any proposed site plan of development,
the Planning Board shall take into consideration the requirements
of the Village Development Plan adopted by said Board and the Official
Map as it may be adopted by the Village Board. The Planning Board
shall also consider the proposed location of main and accessory buildings
on the site and their relation to one another; traffic circulation
within the site; height and bulk of buildings; provision of off-street
parking space; provision of buffer areas and other open spaces on
the site; signs; means of access; and screening, landscaping and architectural
features so that the development will adequately handle pedestrian
and vehicular traffic within the site in relation to the street system
adjoining and will harmoniously and satisfactorily fit in with contiguous
land and buildings and adjacent neighborhoods.
B.
In addition, the Planning Board shall consider facts,
such as drainage, road alignment and other engineering aspects of
such site plan, and may require the review of such factors by engineering
authorities appointed by the Village.
A.
Site plan. The applicant shall submit a map of the
property on which the use for which application is made is proposed
to be situated. This map shall be drawn at the scale of 100 feet to
the inch or larger and shall show the location of all automobile parking
and all parking for commercial vehicles while loading and unloading;
the location and width of all driveways, exits and entrances; the
location of any outdoor storage areas; the location of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences; provide a description and the location of sewage
disposal facilities; show the location and size of all signs, the
location of proposed buffer areas and the design of lighting facilities;
and such other information as the Planning Board may require.
B.
Additional information. At the discretion of the Planning
Board, the applicant may be required to submit the following data:
(1)
Vicinity map. This map shall be drawn at the scale
of 2,000 feet to the inch or larger and show the relationship of the
proposal to existing community facilities that may affect or service
it, such as roads, shopping areas, schools, etc. It shall also show
all properties, subdivisions, streets and easements within 500 feet
of the property on which the use for which application is made is
proposed to be situated. Such a sketch may be superimposed on a United
States Geological Survey (USGS) map of the area.
(2)
Topographic map. A map of the property on which the
use for which application is made is proposed to be situated; such
map shall be drawn at the scale of 100 feet to the inch or larger
and shall show existing topography at a contour interval of not more
than five feet. This map shall also show the location of pertinent
natural features that may influence the design of the proposed use,
such as watercourses, wetlands, rock outcrops and single trees eight
or more inches in diameter.
(3)
Elevations and/or sections. Elevations and/or section
drawings shall be drawn in sufficient detail to delineate clearly
the bulk and height of all buildings and other structures included
in the proposal for which application for permit is made.
A.
Requirement.
(1)
The provisions of this section shall apply to all
multifamily complexes with five or more dwelling units and all nonresidential
uses. A complete plan of existing and proposed landscaping shall be
submitted to and approved by the Planning Board in the site plan approval
process. This plan shall detail the type, number, size and location
of each new plant species.
(2)
To minimize erosion and stormwater runoff and to maintain
and improve the aesthetics of the Village, all portions of the lot
not used for buildings, structures, off-street parking and loading,
permitted outdoor storage, driveways and walkways shall be landscaped
and maintained in accordance with the provision of this section.
B.
General provisions. Where existing natural features
and terrain is of a character, location, size and type that supports
a landscaping plan, the Planning Board may modify the standards of
this section.
(1)
Unique natural areas and open spaces, such as streams,
ponds, marshes, steeply sloped areas, woodlands, and historic assets
which would add value to the development or to the Village as a whole,
shall be preserved.
(2)
Where deemed appropriate, the Planning Board may require
a landscaped buffer area of sufficient width between the paved road
and any structure or parking area.
(3)
Refuse storage. All outside trash receptacles (except
those intended for use by customers) shall be so designed, constructed
and maintained as to allow no view of the trash storage from the street,
and shall be located within an enclosure constructed of opaque masonry
materials and shall be provided with opaque gates of the same height.
The height of the enclosure shall be at least as high as the trash
receptacles.
(4)
Lighting. Exterior lighting proposed for use on the site shall be
planned, erected and maintained so the light is confined to the property
and will not cast direct light or glare upon adjacent properties or
public rights-of-way. The light source shall not be higher than 15
feet from the ground.
[Amended 9-19-2012 by L.L. No. 3-2012]
(5)
All plantings shown on an approved site development
plan or special permit plan shall be natural and shall be maintained
in a vigorous growing condition throughout the duration of the use,
and plants not so maintained shall be replaced with new plants at
the beginning of the next immediately following growing season.
(6)
All shrubs and trees shall be protected from possible
damage inflicted by vehicles using the parking area or access drives
by means of a raised concrete curb placed at the edge of the pavement
or other methods deemed appropriate for this purpose by the Planning
Board.
(7)
In connection with the review of any site plan application
for a nonresidential use abutting or directly across a street from
a residence district, a buffer strip of landscaping shall be required
along all such property lines. Such buffer strips shall comply with
at least the following additional minimum standards:
[Amended 11-17-2010 by L.L. No. 1-2010]
(a)
It shall be at least 25 feet wide.
(b)
It shall be of evergreen planting of such type,
height, spacing and arrangements as, in the judgment of the Planning
Board, will effectively screen the activity of the lot from the neighboring
residential area. Nonevergreen planting may be included to supplement
evergreen planting, but not to take its place.
(c)
Where the existing topography and/or landscaping
provides adequate screening, the Planning Board may modify the planting
and/or buffer area requirements.
C.
New plantings.
(1)
When planted, each new tree for screening and buffer
areas shall have a caliper of at least 1 1/2 inches diameter measured
at a height of four feet.
(2)
No permanent impervious surfacing or subsurfacing
shall be located around the base of any tree or shrub which may impede
the growth of the tree or shrub.
(3)
No new tree, as measured from its center, shall be located within
10 feet from a fire hydrant or light standard or within five feet
of a public sidewalk or vehicular accessway unless planted in a tree
lawn between the sidewalk and the street curb or pavement edge.
[Amended 11-17-2010 by L.L. No. 1-2010]
The Planning Board shall fix a time within 62
days from the day an application for site plan approval is made for
hearing of any matter referred to under this section, if a public
hearing on any such matter is required by decision of the Board of
Trustees. The Planning Board shall also give public notice thereof
by the publication in the official newspaper of such hearing at least
five days prior to the date thereof, and shall decide the same within
60 days after such hearing or after the application is filed if no
hearing has been held; provided, however, that the time within which
the Planning Board must render its decision may be extended by mutual
consent of the applicant and the Planning Board. The decision of the
Planning Board shall immediately be filed in the office of the Village
Clerk and the ZEO, and a copy thereof mailed to the applicant. Nothing
herein shall preclude the holding of a public hearing on any such
matter on which a public hearing is not so required.
[Amended 11-18-2009 by L.L. No. 1-2009]
A.
Site plan applications shall be referred to the Dutchess
County Department of Planning and Development pursuant to § 239-m
of the General Municipal Law for review, as required.
B.
Within 30 days after final action by the Planning Board on a matter referred to it pursuant to Subsection A, or such shorter period as may be prescribed by the General Municipal Law, the Planning Board shall file a report of the final action it has taken with the Dutchess County Department of Planning and Development.
Site plan application fees shall be determined
by the Village Board of Trustees.
