[Amended 6-16-2003 by L.L. No. 1-2003]
A. 
Any newly developed use or structure or modification to an existing use or structure within the Village for which a building permit is required shall undergo site plan review and approval before being undertaken, except those specifically exempted below.
[Amended 1-4-2010 by L.L. No. 1-2010]
B. 
Exempted uses. The following land use activities are exempted from the requirements of this article, except as specifically required in the respective zoning districts in which such activities are located:
(1) 
Construction of one- or two-family dwellings, ordinary accessory structures and related land use activities.
(2) 
Ordinary repair or maintenance of existing structures or uses.
(3) 
Agricultural land uses, with the exception of roadside stands for the sale of agricultural products from a permanent structure.
(4) 
Incidental landscaping or grading.
(5) 
Individual mobile homes within zoning districts which authorize their placement.
(6) 
Exterior alterations or additions to an existing residential structure which do not substantially change its nature or use and to any commercial or industrial structure which will not increase the gross floor area of the existing structure by more than 10% within any five-year period. Commercial and industrial structures within the SI-1, B-1, and B-1A Districts shall not be granted this exemption.
[Amended 1-4-2010 by L.L. No. 1-2010]
(7) 
Interior alterations that do not substantially change the nature or use of a commercial or industrial structure.
(8) 
In the B-1 and B-1A Districts, changes to the facade of an existing building that do not alter the footprint of the building and are either for maintenance and repair purposes or to improve the aesthetic appeal of the facade, except that such activities shall be subject to architectural plan review under Article XVI.
[Added 6-4-2012 by L.L. No. 2-2012]
C. 
Existing uses and structures. This article does not apply to uses and structures, except as provided for in § 155-19G, SI-1 District Site Plan Review, that are lawfully in existence as of the date this chapter becomes effective. Any use that would otherwise be subject to this chapter, which has been discontinued for a period of one year or more, shall be subject to review pursuant to any terms of this chapter before such use is resumed. Any use or structure shall be considered to be in existence, provided that such use or structure has started construction prior to the effective date of this chapter and is fully constructed and completed within one year after the effective date of these regulations.
Each site plan application shall contain a statement of development intent containing the names of the owners, developers and agents on the appropriate forms provided by the Zoning Officer. The need for site plan review by the Village Board shall be determined by the Zoning Officer upon receipt of an application for any permit, certificate or license. The site plan application shall include information regarding:
A. 
Evidence of compatibility with the Village land use plan as stated in this chapter and any Comprehensive Master Plan for the Village which has been updated within 10 years of the date of the application.
B. 
Time period for completion of construction or restoration.
A site plan shall be submitted to the Village Board for review and approval and shall include the following information:
A. 
All districts:
(1) 
Proposed site plan generally showing buildings and structures, location, parking areas, drives, pedestrianways, landscaping, developed open space, recreational areas, setbacks, egress and ingress points.
(2) 
Existing and proposed utility systems and location of wells and septic treatment areas and drainage system, if any.
(3) 
Proposed construction sequence for buildings and other development, ownership and maintenance of open space, if any.
(4) 
Such additional information as may be required by the Village Board.
(5) 
The location and size of all proposed signs.
(6) 
In any district for which design guidelines have been adopted, an explanation of the measures taken to comply with such guidelines.
[Added 4-3-2008 by L.L. No. 1-2008]
B. 
Business and industrial districts:
(1) 
Proposed site plans within business and industrial districts shall be prepared by an engineer or architect licensed by the State of New York.
(2) 
A boundary survey to show all legal property boundaries and the location of existing easements and improvements.
(3) 
The location of the maximum number of points of access to public streets.
(4) 
An explanation of measures to be taken to accommodate parking and loading and vehicular and pedestrian circulation.
(5) 
The location and size of proposed signs.
(6) 
Existing land uses for a distance of 200 feet outside the boundaries of the lot.
(7) 
Buffering of the use (if abutting a residential use) via fences, screening, plantings, easements, embankments, etc.
An application for site plan approval shall be made in writing to the Zoning Officer and shall be accompanied by information drawn from the following checklist. The Village Board may require additional information, if necessary, to complete its review.
A. 
Plan checklist for all site plans:
(1) 
Title of drawing, including the name and address of the applicant and the person responsible for the preparation of such drawing.
(2) 
North arrow, scale and date.
(3) 
Boundaries of the property plotted to scale.
(4) 
Existing ditches, watercourses and bodies of water.
(5) 
The location of any slopes of 5% or greater.
(6) 
Proposed grading and drainage.
(7) 
The location, proposed use and height of all buildings and site improvements, including culverts, drains, retaining walls and fences.
(8) 
The location, design and construction materials of all parking and truck loading areas, showing points of entry and exit from the site.
(9) 
The location of outdoor storage, if any.
(10) 
A description of the method of sewage disposal and location of the facilities.
(11) 
Identification of water source; if a well, the location.
(12) 
The location, size and design and construction materials of all proposed signs.
(13) 
The location and proposed development of all buffer areas, including existing vegetative cover.
(14) 
The location and design of outdoor lighting facilities.
(15) 
General landscaping plan.
(16) 
The proposed location of water, sewer, electric and telephone lines.
B. 
As necessary, the Village Board may require the following:
(1) 
Provision for pedestrian access, if necessary.
(2) 
The location of fire lanes and hydrants.
(3) 
Designation of the amount of building area proposed for retail sales and similar commercial activity.
(4) 
Other elements integral to the proposed development as considered necessary by the Planning Board.
As specified in Article X of this chapter, the Village Board shall refer all site plan requests to the Village Planning Board for review and the preparation of a report on said site plan application to the Village Board. The Planning Board's review of the site plan shall include, as appropriate, the following:
A. 
General considerations:
(1) 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(2) 
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(3) 
The location, arrangement, appearance and sufficiency of off-street parking and loading.
(4) 
The location, arrangement, size and design and general site compatibility of buildings, lighting and signs.
(5) 
Adequacy of stormwater and drainage facilities.
(6) 
Adequacy and alignment of water supply, sewage disposal and electrical facilities.
(7) 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum feasible retention of existing vegetation.
(8) 
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(9) 
Protection of adjacent or neighboring properties.
(10) 
Protection of solar access on adjacent or neighboring properties.
(11) 
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(12) 
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
B. 
Consultant review.
(1) 
The Planning Board may consult with the Zoning Officer, Village Engineer, Superintendent of Streets, County Planning Department and other local and county officials, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
(2) 
The Planning Board may hire a consultant, if needed, to review plans with the approval of the Village Board.
A. 
The Village Planning Board, after review of the site plan and determination that the appropriate requirements of this chapter have been met, shall recommend the approval, approval with modifications or disapproval of the application for site plan approval. The Village Planning Board shall enter its reasons for such actions in its records and transmit its findings to the Village Board. The Village Planning Board shall act in strict accordance with the procedure specified by law and this chapter.
B. 
The Village Planning Board may approve the site plan and recommend its approval by the Village Board, provided that it finds the facts submitted with the site plan establish that:
(1) 
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to it and the location of the site with respect to it shall be such that it will be in harmony with the orderly development of the district as contained in this chapter and any updated Comprehensive Master Plan, and the location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings.
(2) 
Operation in connection with any use subject to site plan review shall not be more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing lights or increased nonresidential activity than would be the operations of uses permitted by right within the district.
(3) 
Existing streets are suitable and adequate to carry anticipated traffic generated by the proposed use and in the vicinity of the proposed area.
(4) 
The proposed use will not be detrimental to:
(a) 
Personal safety within the area.
(b) 
The natural characteristics of the site or area.
(c) 
Present and potential surrounding uses.
(5) 
Any new streets shall at least meet the minimum standards for accepting dedicated streets.
(6) 
Storm drainage facilities shall provide a clear and protected channel fully adequate to handle surface runoff water from any source.
C. 
If any proposal includes lands lying within the Flood Damage Prevention District shown on the Flood Hazard Boundary Map No. H01-02, dated May 17, 1974, and any revisions thereto, or any subsequent Flood Boundary Maps issued by the Federal Insurance Administration which supplants, replaces or modifies FMBH No. H01-02, such proposal shall be reviewed consistent with the need to minimize damage, that all utilities are located to minimize damage or eliminate flood damage and adequate drainage is provided so as to reduce exposure to flood hazards.
The Village Board may accept or disregard, in whole or in part, the report or failure to report of the Village Planning Board, and the Village Board may conduct its own independent review of the site plan request using the conditions to be considered by the Village Planning Board as the appropriate standard of review.
A. 
All applications for site plan review shall be made to the Zoning Officer on such forms as he may prescribe. The Zoning Officer shall transmit a copy of the applications, together with any accompanying documents, to the Village Board. A copy of the application and any accompanying documents shall also be sent to the County Planning Board for review where any site plan review application affects real property lying within 500 feet of the Village boundary or of the boundary of any existing or proposed county or state parkway, expressway, road or highway or of the existing or proposed right-of-way of any stream or of the existing or proposed boundary of any county- or state-owned land on which a public institution is situated. No action shall be taken upon any matter referred to the Chautauqua County Planning Board until said Board shall have made a recommendation thereon to the Village Board or 30 days shall have elapsed from the date of referral. If the County Planning Board disapproves the proposal or recommends modification thereof, the Village Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members and after the adoption of a resolution fully setting forth the reasons for such contrary actions.
B. 
Within 45 days of receipt of a completed site plan or 60 days in cases when the application must be referred to the County Planning Board, the Village Board shall review the same and approve, approve with changes or disapprove the site plan application. Failure of the Village Board to act within the prescribed period of time shall constitute approval unless the applicant and the Village Board mutually agree to extend this time limit. The Village Board may conduct a public hearing of the site plan, if it is considered desirable by a majority of the members of the Village Board. Such public hearing shall be conducted within 45 days of the receipt of the application and shall be advertised in the official newspaper of the Village at least five days before the public hearing. A decision on the site plan shall be rendered within 60 days of the public hearing.
C. 
Upon approval or conditional approval with modifications, the applicant shall file three copies of the approved site plan with the Zoning Officer who shall then issue the appropriate building permits.
D. 
Upon completion of the work depicted in the site plan, the Zoning Officer shall make a field inspection noting on one copy of the approved site plan compliance between the site plan and actual development and shall submit the same to the Village Board. No performance bond or other surety shall be released and no certificate of occupancy issued unless or until the Village Board is satisfied that actual development is in substantial compliance with the approved site plan.
E. 
Whenever a site plan is submitted for a planned development for which a zone change is required, approval by the Village Board shall be made, conditional upon the granting of a change of zone by the Village Board, and all time limits upon review and approval herein specified shall be waived.