[HISTORY: Adopted by the Board of Trustees
of the Village of Hammondsport 6-13-1991 as L.L. No. 4-1991.
Amendments noted where applicable.]
The Village Board of the Village of Hammondsport,
Steuben County, New York, does hereby ordain and enact the Village
of Hammondsport Site Plan Review Law pursuant to the authority and
provisions of § 10 of the Municipal Home Rule Law and § 7-725
of the Village Law.
This chapter shall be known as the "Village
of Hammondsport Site Plan Review Law." The Village of Hammondsport
is hereinafter sometimes referred to as the "village."
A.
The Village of Hammondsport believes that a clean,
wholesome, attractive environment is of paramount importance to the
health, safety and general welfare of this community and that such
an environment is deemed essential to the maintenance and continued
orderly development of the village and to the general welfare of its
inhabitants.
B.
This legislation is designed to ensure the optimum
overall conservation, protection, preservation, development and use
of its natural and man-made resources by regulating land use activity
by means of the review and approval of proposed plans for land use
activity within the village.
C.
Accordingly, the stated purpose of this legislation
is to ensure that any proposed development and use of land within
the incorporated area of the Village of Hammondsport will have a harmonious
relationship with the existing or permitted use of contiguous land
and of adjacent neighborhoods and to ensure that the health, safety,
welfare, comfort and convenience of the public are fully considered,
as well as assure that necessary provisions are made for traffic generation,
means of access, parking, building placement, protection of adjoining
buildings and uses, screening, appropriate preservation of the Keuka
Lake view corridor from village streets and residences, general avoidance
of unpleasant visual impacts, recreation, signs, sewage disposal systems,
water supply, storm drainage, landscaping and architectural intent.
A.
The Village Board hereby delegates to the Planning
Board the authority to review, pursuant to this chapter, including
any amendments and modifications thereof, all site plans for those
land uses and activities within the village as set forth herein.
B.
Specifically, the Planning Board shall have the power
to review and approve, approve with modification or disapprove site
plans for residential, commercial, industrial and any other development
or use of land or lands and buildings and for open land uses and for
any change in use or intensity of use which will, or will be most
likely to, affect the characteristics of the site in terms of parking,
means of access, loading and/or unloading of goods, equipment and/or
persons, drainage, utilities or other municipal services.
C.
Before application for a building permit for the construction
or reconstruction of, addition to or additional development or redevelopment
of a residential building, commercial building, industrial building
or other development of or use of land or land and buildings, signs
as part of sites to be developed or redeveloped or open land uses,
the owner shall submit a plan or map of the site to the Planning Board
for its review. Each plan or map which is finally approved and which
has been endorsed by the Chairman of the Planning Board shall be filed
in the official Planning Board file and in the Village Clerk's office,
together with the required number of additional copies as required.
D.
Whenever anyone proposes to erect, alter, extend or
enlarge a building or structure or to change, enlarge or extend its
use, including the land area around it, or whenever anyone proposes
to change, enlarge, extend or increase the intensity of any land use,
he shall not commence doing so until such proposal has been submitted,
in written form, to the Planning Board for its prior review and obtained
its approval.
E.
Any person who is uncertain as to the applicability
of this chapter to a given land use activity may apply, in writing,
to the Planning Board for a written jurisdictional determination.
All land use activities within the village shall
require site plan review and approval before being undertaken, except
the following:
A.
Landscaping or grading which is not intended to be
used in connection with a land use reviewable under the provisions
of this chapter.
B.
Ordinary repair or maintenance or interior alterations
to existing structures or uses.
C.
Nonstructural agricultural or gardening uses not involving
substantial timber cutting.
D.
Garage, lawn and porch sales not exceeding three days.
If such sales take place more often than three times in any calendar
year, site plan approval will be required.
A.
Any lawfully erected or placed structure or lawful
use in existence as of the date when this chapter becomes effective
shall not be subject to its provisions insofar as relates to its status
and condition nor to the extent of the actual usage on said effective
date. Specifically, it is the intent of this legislation that any
proposed change, increase, enlargement or extension of the status
and condition and/or any increase in the intensity of the usage of
any buildings or land area or land and buildings beyond that which
actually existed on the effective date of this chapter shall first
require a review hereunder. Furthermore, any use otherwise subject
to this chapter which has been discontinued for a period of two years
or more shall be subject to review pursuant to the terms of this chapter
before such use is resumed.
C.
It is, however, provided that no use of land or of
building or of land and buildings which is contrary to the community's
Comprehensive Development Plan shall be permitted.
This chapter shall in no way affect the provisions
of any other federal, state, county or local laws or regulations.
Whenever this chapter is in conflict with any other such law or regulation,
the more restrictive shall apply.
A.
FAMILY
LAND USE ACTIVITY
ONE-FAMILY DWELLING
SHORELINE
STRUCTURE
STRUCTURE, ACCESSORY
TWO-FAMILY DWELLING
WATERFRONT AREA
As used in this chapter, the following terms shall
have the meanings indicated:
One or more persons occupying the premises and living as
a single housekeeping unit as distinguished from a group occupying
a boardinghouse, lodging house, club, fraternity or hotel.
Any construction or other activity which changes the use
or appearance of land or a structure or the intensity of use of land
or a structure or land and structure in concert. "Land use activity"
shall explicity include, but not be limited to, the following: new
structures, expansions to existing structures, new uses, changes in
or expansions of existing uses, roads, driveways and excavations for
the purpose of extracting soil or mineral deposits.
A complete, self-contained residential unit for permanent
habitation by one family only, and containing one or more rooms and
facilities for living, including cooking, sleeping and sanitary needs.
The mean high-water mark of any lake, pond, river or permanent
stream.
Any object constructed, installed or placed on land to facilitate
land use and development or subdivision of land, such as buildings,
sheds, signs, tanks and any fixtures, additions and alterations thereto.
Any structure designed to accommodate an accessory use but
detached from the principal structure, such as a freestanding garage
for vehicles accessory to the principal use, a storage shed, garden
house or similar facility; also included in this definition is a dock,
deck or other structure, with or without the presence of any principal
structure, which is located or placed partially on the land and leads
to a place in the water where a boat is or may be moored or provides
access for fishing or for any other use, recreational or otherwise.
Two complete but separate self-contained residential units,
each intended for permanent habitation by one family only, in a single
structure having a common roof, wall or ceiling and containing separate
rooms and facilities for living, including cooking, sleeping and sanitary
needs.
That area bounded generally by Water Street, Mill Street
and the southern limits of the lands of the Bath and Hammondsport
Railroad Company on the west; the Glenbrook Flume on the north; the
Inlet on the south and Lake Keuka on the east.
B.
Any term used in this chapter which is not defined
hereinabove shall carry its customary meaning unless the context otherwise
dictates.
Prior to undertaking any new land use activity, except uses specifically excepted in § 96-5 of this chapter, a site plan approval by the Planning Board is required. Applicants for site plan approval should follow the recommended procedures related to the concept review conference as hereinafter set forth. Applicants must comply with all other procedures and requirements of this chapter.
This concept review conference shall be held
between the Planning Board and the applicant prior to the preparation
and submission of a formal site plan. The intent of such a conference
is to enable the applicant to inform the Planning Board of his proposal
prior to the preparation of a detailed site plan, and for the Planning
Board to review the basic site design concept, advise the applicant
as to potential problems and concerns and to generally determine the
information to be required on the site plan. In order to accomplish
these objectives, the applicant shall provide the following:
A.
A statement and rough sketch showing the locations
and dimensions of principal and accessory structures, parking areas,
access signs (with descriptions), existing and proposed vegetation
and other planned features; anticipated changes in the existing topography
and natural features; and, where applicable, measures and features
to comply with flood hazard and flood insurance regulations.
B.
An area map showing the parcel under consideration
for site plan review and all properties, subdivisions, streets, right-of-way,
easements and other pertinent features within 200 feet of the boundaries
of the parcel.
C.
A reasonably specific written statement as to the
proposed scope and extent of any proposed expansion or enlargement
of or increase in the intensity of the use of any building or structure
or land or buildings/structures and land area adjacent thereto.
A.
An application for site plan approval shall be made,
in writing, to the Chairman of the Planning Board and shall be accompanied
by information contained in the following checklist. When the concept
review conference is held, the accompanying information shall be drawn
from the following checklist as determined necessary by the Planning
Board at said concept review conference.
B.
Site plan checklist. The site plan checklist shall
be as follows:
(1)
A title of the drawing, including the name and address
of the applicant and the person responsible for preparation of such
drawing.
(2)
A North arrow, scale and date.
(3)
Boundaries of the property, plotted to scale.
(4)
Existing buildings.
(5)
A grading and drainage plan, showing existing and
proposed contours, rock outcrops, depth to bedrock, soil characteristics
and watercourses.
(6)
The location, design, type of construction, proposed
use and exterior dimensions of all buildings.
(7)
The location, design and type of construction of all
parking and truck loading areas, showing access and egress.
(8)
Provision for pedestrian access.
(9)
The location of outdoor storage, if any.
(10)
The location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
(11)
A description of the method of sewage disposal
and the location, design and construction materials of such facilities.
(12)
A description of the method of securing public
water and the location, design and construction materials of such
facilities.
(13)
The location of fire and other emergency zones,
including the location of fire hydrants.
(14)
The location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy.
(15)
The location, size and design and type of construction
of all proposed signs.
(16)
The location and proposed development of all
buffer areas, including existing vegetative cover.
(17)
The location and design of outdoor lighting
facilities.
(18)
Identification of the location and amount of
building area proposed for retail sales or similar commercial activity.
(19)
A general landscaping plan and planting schedule.
(20)
An estimated project construction schedule.
(21)
A record of an application for and the status
of all necessary permits or variances from other governmental bodies.
(22)
Identification of any permits or variances from
other governmental bodies required for the project's execution.
(23)
Other elements integral to the proposed development
as may be considered necessary in the particular case by the Planning
Board.
[Amended 4-9-2019 by L.L.
No. 3-2019]
A fee for site plan review is set forth on a
fee schedule established by resolution of the Board of Trustees of
the Village. Such fee schedule may thereafter be amended from time
to time by like resolution. The schedule of fees shall be posted in
the Village Clerk's Office.
A.
All costs incurred by the Planning Board for consultation
fees in connection with the review of a proposed site plan shall be
charged to the applicant and shall be determined in a manner consistent
with the fees charged for these respective services which are then
prevailing in the general area of the community. Disbursements chargeable
to the applicant shall be those actually, necessarily or reasonably
incurred in connection with the particular application under consideration.
B.
No final action shall be taken by the Planning Board
or by any village official on any application subject to the requirements
of this chapter unless and until all fees and deposits required hereunder
shall have been paid. Any failure/omission to submit the full payment
required shall render the application incomplete.
The Planning Board's review of the site plan
shall include, as appropriate, but shall not be limited to, the following
general considerations:
A.
The location, arrangement, size, design and general
site compatibility of buildings, lighting and signs.
B.
Adequacy and arrangement of vehicular traffic access
and circulation, including street widths, intersections, traffic problems
on adjoining streets, pavement surfaces, dividers and traffic controls
as well as the proximity to places of public assembly.
C.
The location, arrangement, appearance and sufficiency
of off-street parking and loading.
D.
Adequacy and arrangement of pedestrian traffic access
and circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience.
E.
Adequacy of stormwater and drainage facilities.
F.
Adequacy of water supply and sewage disposal facilities.
G.
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 retention
of existing vegetation.
H.
Adequacy of fire lanes and other emergency zones and
the provision of fire hydrants.
I.
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
J.
Overall impact on the neighborhood, including compatibility
of design considerations and/or any actual or potential adverse aesthetic
environmental impacts.
K.
Documentation that the proposal is compatible with
the objectives of the village's Comprehensive Development Plan.
L.
Any other factor found to be detrimental to the public
health, safety or general welfare of the community as it relates to
one of the specifically enumerated elements which the Planning Board
is authorized, pursuant to Village Law § 7-725, Subdivision
la, to consider in reviewing a site plan.
M.
Appropriate review as may be required by the need
to satisfactorily comply with the provisions and requirements of the
New York State Environmental Quality Review Act (SEQRA). Until final
SEQRA determinations have been made, no final site plan approval shall
be granted.
N.
At any stage in the review process when there appears
to the Planning Board a situation which would not be in conflict with
the purposes and policies set forth herein, then, to the extent permitted
by law, the Planning Board may, by the affirmative vote of 2/3 of
its total voting power, elect to waive its review jurisdiction. Also,
an applicant may request the Planning Board to exercise this waiver
process.
The following specific standards shall apply
in conjunction with the subject uses or in the designated areas:
A.
All construction on any shoreline lot shall be carried
out in such manner as to minimize interference with the natural course
of such waterway, to avoid erosion of the shoreline, to minimize increased
runoff of ground- and surface water into the waterway, to remove only
that vegetation which is necessary to the accomplishment of the project
and to generally maintain the existing aesthetic and ecological character
of the shoreline.
B.
No on-site sewage tile field or seepage pit shall
be located within 100 feet of any shoreline, and no septic or other
holding tank shall be located within 100 feet of any shoreline, as
measured from the normal high-water mark of the waterbody.
C.
Any boat pump-out or other connection to provide for
the accommodation of sanitary wastes shall be connected to an approved
disposal system.
D.
Any paved or otherwise improved parking, loading or
service area within 100 feet of any shoreline shall be designed and
constructed so as to minimize surface runoff and the entrance of any
chemical pollutants or earthen siltation into the waterway.
The Planning Board shall conduct a public hearing
on the site plan. Such hearing shall be held within 60 days of the
receipt of a completed application for site plan review and shall
be advertised in the village's official newspaper at least 10 days
before the public hearing.
Within 60 days after the conclusion of the public
hearing, the Planning Board shall render a decision. In its decision
the Planning Board may approve, approve with modification or disapprove
the site plan. The time period in which the Planning Board must render
its decision can be extended by mutual consent of the applicant and
the Planning Board.
A.
Approval. Upon approval of the site plan and payment
by the applicant of all fees and reimburseable costs due the village,
the Planning Board shall endorse its approval on a copy of the site
plan and shall immediately file it and a written statement of approval
with the Village Clerk. A copy of the written statement of approval
shall be mailed to the applicant by certified mail, return receipt
requested.
B.
Approval with modifications. The Planning Board may
conditionally approve the final site plan. A copy of the written statement
containing the modifications required by the conditional approval
will be mailed to the applicant by certified mail, return receipt
requested. After adequate demonstration to the Planning Board that
all conditions have been met, and payment by the applicant of all
fees and reimbursable costs due the village, the Planning Board shall
endorse its approval on a copy of the site plan and shall immediately
file it and a written statement of approval with the Village Clerk.
A copy of the written statement of approval shall be mailed to the
applicant by certified mail, return receipt requested.
C.
Disapproval. Upon disapproval of the site plan, the
decision of the Planning Board shall immediately be filed with the
Village Clerk and a copy thereof mailed to the applicant by certified
mail, return receipt requested, together with the Planning Board's
reasons for disapproval.
Any person aggrieved by any decision of the
Planning Board or any officer or department, board or bureau of the
village may apply to the Supreme Court for a review by a proceeding
under Article 78 of the Civil Practice Law and Rules. Such proceedings
shall be instituted within 30 days after the filing of a decision
in the office of the Village Clerk.
The Village Board may appoint an enforcement officer to carry out the duties assigned by this chapter or by any additional regulations adopted pursuant to § 96-20 hereof. If appointed, the enforcement officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board and other officials and agencies, as appropriate.
The Planning Board may, after a public hearing,
adopt such further rules and regulations as it deems reasonably necessary
to carry out the provisions of this chapter.
A.
The Village Board may on its own motion, on petition
or on recommendations of the Planning Board, after public notice and
hearing, amend this chapter pursuant to all applicable requirements
of law.
B.
All proposed amendments originating by petition or
by motion of the Village Board shall be referred to the Planning Board
for a report and recommendation thereon. The Planning Board shall
submit its report within 60 days after receiving such referral. Failure
of the Planning Board to report within the required time shall be
deemed to constitute a recommendation for approval of the proposed
amendment.
Whenever the circumstances of proposed development
require compliance with this Site Plan Review Law and with any other
local law, ordinance or requirement of the village, the Planning Board
shall attempt to integrate, as appropriate, site plan review as required
by this chapter with the procedural and submission requirements for
such other compliance.
Any person, corporation, partnership, association
or other legal entity who shall violate any of the provisions of this
chapter or any conditions imposed by a permit pursuant hereto shall
be guilty of an offense and subject to a fine not exceeding $250 or
imprisonment for a period not to exceed 15 days, and/or both such
fine and imprisonment. Every such person or entity shall be deemed
guilty of a separate offense for each week such violation, disobedience,
omission, neglect or refusal shall continue.
