All other uses except one- and two-family dwellings and those explicitly stated in Article III for special permit shall require site plan approval by the Planning Board prior to the issuance of the building permit. The Code Enforcement Officer can request a site plan review by the Planning Board when he/she deems appropriate.
As a prerequisite to the approval of an application for site
plan review, the following general findings shall be made:
A.
The proposed use is in compliance with all other applicable
regulations of this chapter, inclusive of specific district controls
and controls applicable to all districts and all other applicable
local, state and federal regulations.
B.
The proposed
use will not have an adverse impact upon the character or integrity
of any land use within the immediate neighborhood having unique cultural,
historical, geographical, architectural or other special characteristics.
C.
The proposed
use is to be developed in such a way as to ensure maximum amenities
available to the site based upon a consideration of the site plan
and functional requirements of the proposed use.
D.
The proposed
use is physically and visually compatible with and will not impede
the development or redevelopment of the general neighborhood or adversely
affect the existing land use in proximity to the subject site.
E.
The proposed
use will be provided with adequate supporting services, such as fire
and police protection, public and private utilities and all other
supporting governmental services necessary and appropriate to the
proposed use.
Any preliminary application for site plan approval
shall be made, in writing, to the Code Enforcement Officer and shall
be accompanied by the following information prepared by a licensed
engineer, architect, landscape architect or surveyor:
A.
An area map showing the applicant's entire holding,
that portion of the applicant's property under consideration and all
properties, subdivisions, streets, and easements adjacent to the applicant's
property.
B.
If grades exceed 3%, or portions of the side have
a moderate-to-high susceptibility to erosion or a moderate-to-high
susceptibility to flooding and ponding, a topographic map showing
contour intervals of not more than five feet of elevation shall be
provided.
C.
A preliminary site plan, including the following information:
(1)
Title of drawing, including name and address of applicant.
(2)
North point scale and date.
(3)
Boundaries of the property plotted to scale.
(4)
Existing watercourses.
(5)
A site plan showing location, proposed use and height
of all buildings; location of all parking and truck-loading areas,
with access and egress drives thereto; location of outdoor storage,
if any; location of all existing or proposed site improvements, including
drains, culverts, retaining walls and fences; description of method
of sewage disposal and location of such facilities; location and size
of all signs; location and proposed development of buffer areas; location
and design of lighting facilities; and the amount of building area
proposed for retail sales, if any.
A.
The Planning Board's review of a preliminary site
plan shall include but is not limited to the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, channelization
structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Location, arrangement, size and design of buildings,
lighting and signs.
(5)
Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or a noise-deterring buffer
between these and adjoining lands.
(6)
In the case of an apartment house or multiple dwelling,
the adequacy of usable open space for playgrounds and informal recreation.
(7)
Adequacy of stormwater and sanitary waste disposal
facilities.
(8)
Adequacy of structures, roadways and landscaping in
areas with moderate-to-high susceptibility to flooding and ponding
and/or erosion.
(9)
Protection of adjacent properties against noise, glare,
unsightliness or other objectionable features.
(10)
Location, number and design of points of ingress
and egress.
(11)
Provision for snow storage.
(12)
Age and mobility of all persons for whose benefit
the use is intended.
B.
Controls for vehicular and pedestrian movement.
(1)
Controls for vehicular and pedestrian movement are
designed to provide for the safety of the general public and the occupants,
employees, attendants and other persons for whose benefit the use
is intended. In making this determination, consideration shall be
given to but need not be limited to the following:
C.
In making a determination as to compliance with any one or more of the general findings set forth in § 190-35A above, consideration shall be given but need not be limited to the following elements:
D.
In its review, the Planning Board may consult with
the Village Engineer and other Village and county officials, as well
as with representatives of federal and state agencies, including the
Natural Resources Conservation Service and the New York State Department
of Environmental Conservation. The Planning Board may require that
the exterior design of all structures be made by, or under the direction
of, a registered architect whose seal shall be affixed to the plans.
The Planning Board may require such additional
provisions and conditions that appear necessary for the public health,
safety and general welfare.
A.
The Planning Board's statement may include recommendations
as to desirable revisions to be incorporated in the final site plan,
of which conformance with shall be considered a condition of approval.
If the preliminary site plan is disapproved, the Planning Board's
statement will contain the reasons for such findings. In such a case,
the Planning Board may recommend further study of the site plan and
resubmission of the preliminary site plan to the Planning Board after
it has been revised or redesigned.
B.
No modification of existing stream channels, filling
of lands with a moderate-to-high susceptibility to flooding, grading
or removal of vegetation in areas with a moderate-to-high susceptibility
to erosion, or excavation for and construction of site improvements,
shall begin until the developer has received preliminary site plan
approval. Failure to comply shall be construed as a violation of this
chapter, and, where necessary, final site plan approval may require
the modification or removal of unapproved site improvements.
In approving the site plan, the Planning Board
shall require that the applicant first furnish a performance bond,
letter of credit or certified check, to be approved by the Planning
Board, for the purpose of guaranteeing the completion of such items
as set forth in the site plan as will affect the public interest,
such as but not limited to drainage, streets, recreational areas,
shade trees or shrubbery and required landscaping, off-street parking,
loading and unloading zones, artificial lighting, sidewalks, curbs
and driveways.
The Planning Board may waive any of the requirements
or details specified to be shown on the site plan in any given application
if the Planning Board determines that certain requirements or specifications
are not necessary to be shown in order to ensure that the said plan
conforms to the standards of good planning and will have no deleterious
effect on the neighboring properties and indicates sufficient materials
to assure adequate protection of the health, welfare and safety of
the people of the Village.
