[Amended 2-14-1996 by L.L. No. 1-1996]
A.
This chapter shall be enforced by the Code Enforcement Officer, who shall be appointed by the Village Board in the same manner and with the same powers as now or hereafter practiced or provided under Chapter 62, Fire Prevention and Building Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
No building permit or certificate of occupancy shall
be issued by the designated enforcement officer(s), and no permit
or license for any purpose shall be issued by any official of the
Village, if the same would be in conflict with the provisions of this
chapter.
A.
No building or structure shall be erected or moved,
nor shall any existing building or land be changed in use, until a
zoning permit therefor has been issued by the designated enforcement
officer(s). Each lot for which a permit is issued shall front upon
an improved street or upon a street on a plat duly filed and recorded
in the office of the County Clerk.
[Amended 2-14-1996 by L.L. No. 1-1996]
B.
All applications for zoning permits shall be accompanied
by two copies of a plot plan, drawn to scale and accurately dimensioned,
showing the location of all existing and proposed buildings and structures
on the lot and such other information as may be required by the designated
enforcement officer(s) to determine compliance with this chapter.
One copy of such plans, when approved by the designated enforcement
officer(s), shall be returned to the owner upon the payment of a fee
as set from time to time by resolution of the Village Board of Trustees.
[Amended 5-26-1977 by L.L. No. 3-1977; 2-14-1996 by L.L. No. 1-1996; 9-10-2003 by L.L. No.
2-2003]
C.
Any zoning permit which is not exercised within six
months from the date of issuance is hereby declared to be revoked.
[Amended 5-26-1977 by L.L. No. 3-1977; 8-10-1988 by L.L. No. 1-1988; 7-10-1996 by L.L. No. 2-1996]
A.
Procedure; fee.
(1)
In each case where a building or use requires site
plan approval, the Code Enforcement Officer (CEO) shall refer the
site plan for such approval to the Planning Board for review before
issuing a zoning permit. The site plan procedure shall consist of
a preliminary site plan review and final site plan review. The purpose
of the preliminary site plan is for the applicant to become familiar
with the site plan requirements and for the Planning Board to become
familiar with the proposal and note any concerns before the formal
application is submitted. The preliminary site plan and the final
site plan shall be submitted to the Planning Board at least 10 days
prior to the regular Planning Board meeting.
[Amended 4-10-2002 by L.L. No. 3-2002; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(2)
No application will be received by the Reviewing Board
for site plan review until the preliminary and informal site plan
review has been completed.
(3)
Within 45 days of submission of four copies of the
preliminary site plans the Planning Board shall approve, with or without
modifications, or disapprove the preliminary site plan, stating the
reasons therefor in writing in its records and shall send written
notice of its decision to the applicant.
(4)
Within six months of the Planning Board's decision
on the preliminary site plan, the applicant shall submit four copies
of the final site plan showing the required modifications to the Planning
Board for approval. The Planning Board shall either approve, approve
with modifications, or disapprove the final site plan, stating the
reasons therefor in writing in its records and shall send a written
notice of its decision to the Code Enforcement Officer, who shall
then act accordingly, either issuing a zoning permit, postponing issuing
such permit pending compliance with the decision of the Planning Board
or denying such permit. The decision of the Board shall immediately
be filed in the office of the Village Clerk and a copy mailed to the
applicant.
(5)
The Planning Board shall make a decision on the final
site plan application within 62 days after the application is received.
This time may be extended by mutual consent of the applicant and the
Planning Board or, if a public hearing is desired, the decision shall
be made within 62 days after such hearing.
(6)
A fee shall be paid by the applicant with the preliminary site plan and with the final site plan as set from time to time by resolution of the Village Board of Trustees to cover the expense of the Planning Board review of this case, such fee to be in addition to the regular fee for the issuance of the zoning permit. If needed, the applicant shall deposit in escrow an amount specified by the Planning Board to cover the cost of consultant fees in accordance with Article XI, §§ 130-54 through 130-58.
[Amended 9-10-2003 by L.L. No. 2-2003; 6-14-2006 by L.L. No.
2-2006]
B.
The preliminary site plan, at a scale not to exceed
one inch equals 40 feet, shall include:
(1)
The name of development, date, North arrow, scale,
zoning district, name of owner/applicant, address and name of persons
responsible for preparation of the preliminary site plan.
(2)
Property line (from Tax Map or boundary survey) and
lot acreage.
(3)
Property owners and land uses within 200 feet, physical
features within 25 feet of the line and, if different, adjacent zoning
districts.
(4)
Required front, side and rear yards.
(5)
Existing conditions, such as easements; buildings;
vegetation; utilities (noted to remain or be removed).
(6)
Dimensional layout of proposed improvements, such
as buildings, driveways, parking spaces and aisles, walkways, utilities,
screening, landscaping, signs, lighting, drainage, septic systems,
physical features to protect adjacent land uses, architectural features,
etc.
(7)
Proposed architectural sketch of building elevations
(if applicable).
(8)
Photograph(s) or renderings of the site or streetscape
(before and after).
(9)
Area (square footage) of proposed land coverage (i.e.,
building, parking, landscaping).
(10)
Name and address of any owner of land within
an agricultural district, which land contains farm operations and
is located within 500 feet of the boundary of the site plan (if applicable).
C.
The final site plan, at a scale not to exceed one
inch equals 40 feet, shall include the following in addition to those
elements required for preliminary site plan:
(1)
Property lines (from a boundary survey prepared by
a professional land surveyor).
(2)
Topography: proposed and existing contours at one-foot
intervals (or at five-foot intervals where slopes exceed 10%) with
relevant spot elevations and finished floor elevations.
(3)
Dimensional layout of proposed improvements.
(4)
Location and ownership of proposed utility lines including
sizes and connection points.
(5)
Area (square footage) of proposed improvements.
(6)
As required by the Planning Board, reports such as
stormwater drainage and management plan and/or traffic studies prepared
by a registered professional engineer, a landscape plan, etc.
(7)
The signature and seal of a registered professional
engineer (PE) registered in accordance with New York State Education
Law, unless it is shown that the cost of the improvements is less
than $10,000. The Planning Board may require a PE if the cost of the
improvements is less than $10,000 and, in the Planning Board's opinion,
are complex enough to warrant approval of a registered professional
engineer. The Planning Board should make this determination at the
preliminary site plan stage.
D.
In considering the site plan, the Planning Board shall
take into consideration the public health, safety and general welfare
and the comfort and convenience of the public, in general, and residents
of the immediate neighborhood, in particular, and shall find that
the proposed development meets all the requirements of this chapter.
E.
Conditions attached to the approval of site plans.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a proposed site plan. Upon its approval of said site plan, any
such conditions must be met in connection with the issuance of permits
by the Code Enforcement Officer. These conditions may include, but
not be limited to, appropriate conditions and safeguards having the
following aspects:
(1)
Traffic access: that all of proposed accessways to
and from a public street are adequate but not excessive in number,
adequate width, grade, alignment and visibility and not located too
near to street intersections.
(2)
Circulation and parking: that the interior circulation
system is adequate to provide safe accessibility to all required off-street
parking.
(3)
Landscaping and screening: that parking and service
areas are reasonably screened from view of adjacent residential districts
and that buffer requirements are complied with.
F.
Application for area variance. Notwithstanding any provisions of law to the contrary, where a proposed site plan contains one or more features which do not comply with this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 130-41E of this chapter, without the necessity of a decision or determination of the Code Enforcement Officer.
G.
Waiver of conditions. The Planning Board may, when
reasonable, waive any requirements for the approval, approval with
modifications or disapproval of site plans submitted for approval.
Any such waiver shall be subject to appropriate conditions specifically
set forth in the Planning Board's decision in the event that any such
requirements are found not to be requisite in the interest of public
health, safety, or general welfare or inappropriate to a particular
site plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
It is intending hereby to establish a two-step site
plan approval procedure expressly superseding the single-step site
plan approval provisions set forth in § 7-725-a of the Village
Law.
I.
Notice to County Planning Agency and neighboring municipalities.
The Planning Board shall comply with the County Planning Board review
as required by General Municipal Law, § 239-m, and notification
of adjacent municipalities as required by General Municipal Law, § 239-nn.
[Added 9-10-2003 by L.L. No. 2-2003;
amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Amended 2-14-1996 by L.L. No. 1-1996; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
No land shall be used or occupied and no building or structure hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy or certificate of compliance shall have been issued by the Code Enforcement Officer in accordance with the provisions of Chapter 62, Fire Prevention and Building Code.
B.
All certificates of occupancy or certificates of compliance
for new or altered buildings or structures shall be applied for coincident
with the application for a building permit. Such certificate of occupancy
or certificate of compliance shall be issued within 10 days after
the erection or alteration shall have been approved as complying with
the provisions of this chapter.
