[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 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.
All site plans for development within the Flood
Protection District shall be in conformance with the provisions of
the FEMA Flood Insurance Study.
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.
(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.
