In all cases where this chapter requires authorization
and approval of plans for a special permitted use by the Planning
Board, the Planning Board shall have the power to grant a permit for
a special permitted use on a particular site, subject to the guiding
principles, standards, conditions and safeguards contained in this
article to the extent applicable and in the manner provided by law.
A.
Guiding principles and standards. In authorizing any
use, 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 of the residents of the immediate neighborhood
in particular and may attach reasonable conditions and safeguards
as a precondition of its approval. The Board shall consider the following
general objectives:
(1)
Such use shall be one which is specifically authorized
as a special permitted use in the district within which such particular
site is located.
(2)
For every such special permitted use, the Planning
Board shall make a specific finding that such use will not be prejudicial
to the character of the neighborhood.
(3)
For every such special permitted use, the Planning Board shall determine that the provisions of § 140-45C are fully complied with as well as all applicable sections of this chapter and all other applicable ordinances and laws.
(4)
All proposed structures, equipment or material shall
be readily accessible for fire and police protection.
(5)
The proposed use shall be of such location, size and
character that, in general, it will be in harmony with the appropriate
and orderly development of the district in which it is proposed to
be situated and will not be detrimental to the orderly development
of adjacent properties in accordance with the zoning classification
of such properties.
(6)
In addition to the above, in the case of any use located
in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout end its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous or inconvenient to or incongruous with said residential
district or conflict with the normal traffic of the neighborhood;
and
(b)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings or impair the value thereof.
B.
Procedure.
(1)
Application for a permit authorizing a special permitted use shall be made directly to the Planning Board, along with an application for site plan approval according to § 140-45, in the manner required by the Planning Board and with a filing fee as determined by a resolution of the Village Board of Trustees, payable to the Village Clerk.
(2)
Applications for special permitted uses shall be submitted
to the Planning Board, which Board shall hold a public hearing within
62 days from the time of receipt by said Board. Notice of the public
hearing shall be published in the official newspaper of the Village
of Harriman at least five days prior to the public hearing. Within
62 days of the public hearing, the Planning Board shall act to approve
or deny the application for the special permitted use. The time limit
in which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Planning Board. The decision
of the Planning Board shall within five business days be filed in
the office of the Village Clerk and a copy thereof mailed to the applicants.
The Planning Board shall comply with the provisions of the State Environmental
Quality Review Act under Article Eight of the Environmental Conservation
Law and its implementing regulations.[1]
(3)
Where the land involved in any application for a special
permitted use lies within 500 feet of any municipal boundary; existing
or proposed county or state park or other recreation area; right-of-way
of any existing or proposed county or state parkway, thruway, expressway,
road or highway; existing or proposed right-of-way of any stream or
drainage channel owned by the county or for which the county has established
channel lines; or existing or proposed boundary of any county- or
state-owned land on which a public building or institution is situated,
such application, accompanied with the notice of the public hearing,
shall be forwarded by the Secretary of the Planning Board to the Orange
County Planning Department for review in accordance with the provisions
of §§ 239-l and 239-m of Article 12-B of the General
Municipal Law of the State of New York at least 10 days prior to the
public hearing. No action shall be taken by the Planning Board on
such application until the Department's recommendation has been received
or 30 days have elapsed after the Department received the full statement
of the applicant's proposal.[2]
(4)
A special permitted use for which a permit is granted
by the Planning Board pursuant to the provisions of this section shall
be construed to be a conforming use.
(5)
Upon the granting of a permit for a special permitted
use by the Planning Board, the Secretary of said Board shall transmit
written approval of such use to the Code Enforcement Officer prior
to his issuance of a building permit for the special permitted use.
C.
Renewal of permit.
(1)
The Planning Board may require that its approval be
periodically renewed. Renewal dates may be stipulated at the time
of original approval of the special permitted use or at such other
time as the Planning Board deems necessary. The Planning Board shall
notify the Code Enforcement Officer in writing at least 15 days prior
to the date of such renewal for the purpose of inspection of the premises.
Such renewal shall be granted following due notice to the property
owners and may be withheld only upon a determination by the Code Enforcement
Officer to the effect that such conditions as may have been prescribed
by the Planning Board in conjunction with the issuance of the original
approval have not been or are no longer being complied with. In such
cases, a period of 60 days shall be granted the applicant for full
compliance prior to the revocation of said approval. Any use authorized
by the Planning Board shall be deemed to be a conforming use in the
district in which such use is located, provided that:
(2)
Upon granting renewal of this special use permit,
the Planning Board may modify the conditions previously attached to
this special permit based upon the report of the Code Enforcement
Officer or based upon a request of the applicant or upon the Board's
own application. No conditions may be modified without giving the
applicant an opportunity to be heard before the Planning Board.
[Added 6-24-1992 by L.L. No. 3-1992]
A.
Uses requiring site plan approval by the Planning
Board. Site plan approval by the Planning Board shall be required
for all special permitted uses and all principal permitted uses, except
single- and two-family dwellings, prior to the issuance of a building
permit by the Code Enforcement Officer for the construction of a building
or structure. No building permit shall be issued by the Code Enforcement
Officer for a use which requires site plan approval except upon authorization
of and in conformity with the plans approved by the Planning Board.
B.
Procedure.
(1)
Prior to the submission of an application for site
plan approval to the Planning Board, the applicant shall arrange a
meeting with the Planning Board to discuss in general terms the proposals
to be made and to elicit from the Planning Board the applicable requirements
of site plan approval concerning the particular application to be
submitted.
(2)
Applications for site plan approval shall be submitted
to the Planning Board, in both written and electronic format. Ten
copies of the written application must be submitted, and all applications
must be received 10 days prior to the Board meeting. The Planning
Board shall hold a public hearing within 62 days from the time of
receipt by said board. Notice of the public hearing shall be published
in the official newspaper of the Village of Harriman at least seven
days prior to the public hearing. Within 62 days of the public hearing,
the Planning Board shall act to approve or deny the application for
site plan approval. Site plans for special permitted uses shall be
submitted to the Planning Board concurrently with applications for
special permitted use permits and shall be considered to be a part
of the application for a special permitted use. The Planning Board
may approve site plans as submitted, deny site plans as submitted
or condition its approval upon the applicant making changes in the
site plans which the Planning Board deems necessary to carry out the
purposes of this chapter. The time within which the Planning Board
must render its decision may be extended by mutual consent of the
applicant and such Board. The decision of the Planning Board shall
be filed in the office of the Village Clerk within five business days
after such decision is rendered and a copy thereof mailed to the applicant.
[Amended 4-11-2001 by L.L. No. 3-2001; 3-12-2013 by L.L. No.
4-2013; 11-10-2015 by L.L. No. 5-2015]
(3)
Notice to County Planning Board or agency or regional
planning council. At least 10 days before such hearing, the Planning
Board shall mail notices thereof to the County Planning Board or agency
or regional planning council, as required by § 239-m of
the General Municipal Law, which notice shall be accompanied by a
full statement of such proposed action, as defined in Subdivision
1 of § 239-m of the General Municipal Law. In the event
a public hearing is not required, such proposed action shall be referred
before final action is taken thereon.
[Added 4-11-2001 by L.L. No. 3-2001]
(4)
Compliance with State Environmental Quality Review
Act. The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act under Article Eight of the Environmental
Conservation Law and its implementing regulations.
[Added 4-11-2001 by L.L. No. 3-2001]
(5)
Applications for site plan approval shall contain
a description of all proposed uses and a site plan. The site plan
shall contain the following information:
(a)
Subject lots and all structures on adjacent
properties within 100 feet of the lot lines of subject lots, plans
and elevations of all proposed outdoor signs, floor plans and plans
for exterior elevations of all existing and proposed structures and
any other such building plans and elevations as the Planning Board
may require.
(b)
Locations of all existing and proposed structures
and outdoor signs.
(c)
Locations of all uses not requiring a structure.
(d)
Location of driveways, parking and loading areas,
with the number of stalls provided therein.
(e)
Existing and proposed stormwater drainage facilities.
(f)
Location of buffer strips and screening, where
required.
(g)
Where the applicant wishes to develop his property
in stages, a site plan indicating ultimate development.
(h)
In the case of uses requiring approval of the
New York State Department of Transportation, the New York State Department
of Health or the Orange County Highway Department, the approval of
said Departments.
C.
General requirements. General requirements of site
plan approval for all uses requiring site plan approval which the
Planning Board shall take into consideration in reviewing the plans
for a particular use are as follows:
(1)
Traffic access. All proposed traffic accessways shall
be adequate, but not excessive, in number, width, grade, alignment
and visibility for the estimated traffic to and from the site so as
to assure the public safety and to avoid traffic congestion. Vehicular
entrances and exits shall be clearly visible from the street and not
within 100 feet of the center line of a street which intersects the
street upon which said entrance or exit abuts, as measured in a straight
line along the curbline and extension thereof of the abutting street.
(2)
Circulation and parking. Adequate off-street parking
and truck loading spaces shall be provided to prevent the parking
in public streets of vehicles of any person connected with or visiting
the use, and the interior circulation system shall be adequate to
provide safe accessibility to all required off-street parking.
(3)
The adequacy of collection and disposal of stormwater
runoff from the site shall be shown.
(4)
The adequacy of the means of disposal of sanitary
sewage from the site shall be shown.
(5)
Landscaping and screening. All playground and service
areas shall be reasonably screened at all seasons of the year from
the view of adjacent residential lots and streets, and the general
landscaping of the site shall be in character with that generally
prevailing in the neighborhood. Existing trees over 12 inches in diameter
shall be preserved to the maximum extent possible.
(6)
Character and appearance. The character and appearance
of the proposed use, buildings and/or outdoor signs shall be in general
harmony with the character and appearance of the surrounding neighborhood
and that of the Village of Harriman and will not adversely affect
the general welfare of the inhabitants of the Village of Harriman.
Such considerations shall not include the architectural period or
style of any proposed building.
D.
Renewal of approval. Renewal of final site plan approval
may be granted for a period of one year measured from the date the
extension shall have been granted subject to the following terms and
conditions:
[Amended 5-7-2008 by L.L. No. 1-2008]
(1)
Written request for renewal of the final site plan
approval shall be filed with the Planning Board Secretary prior to
the expiration of the existing approval.
[Amended 11-10-2015 by L.L. No. 5-2015]
(a)
The request for renewal shall be supported by
a statement of the property owner or a licensed professional confirming
that:
[1]
No changes to the final site plan, as approved,
have been made.
[2]
The property owner is not aware of any changed
circumstances affecting the subject property or the approval granted
by the Planning Board.
[3]
Any and all other approval necessary for the
construction authorized by the final site plan approval remain in
full force and effect and have not been modified other than having
been extended.
(b)
A renewal request shall be deemed granted 60
days after submission, in absence of a resolution by the Planning
Board denying the renewal, which resolution shall state the circumstances
and facts warranting the denial of renewal.
E.
Expiration of site plan approval.
[Added 2-22-1989 by L.L. No. 1-1989;
amended 5-27-2008 by L.L. No. 1-2008]
(1)
Final site plan approval shall expire one year and
six months from the date granted unless the applicant shall have obtained
a building permit. If on-site work ceases for a period of more than
six months, then the applicant shall be required to secure a renewal
of the site plan approval from the Planning Board. In the event that
the final site plan approval expires, then the applicant shall be
required to file a new application.
(2)
Site plan approvals issued prior to March 1, 1989,
for which no building permit has been issued and no site work has
been pursued one year from the adoption of this subsection shall be
null and void. The Planning Board may extend site plan approval for
a reasonable period not to exceed one year, where the circumstances
are such that the applicant is unable to begin on-site work. If a
governmental agency has imposed a moratorium that prevents a developer
from either starting construction or continuing construction on the
project, then the year or that portion of the year remaining as required
by this section shall be suspended until the moratorium is removed.
(3)
To the extent work on a project is prohibited by virtue
of a moratorium or other restraint issued by a governmental agency
having jurisdiction over the project, then and in that event the time
periods provided for in this article shall be extended coextensive
with the duration of such moratorium or restraint.
(4)
A final site plan approval for which the original
approval or any extension or renewal will expire on or after March
1, 2008, shall be eligible for the renewal provided for in § 145-45D
as amended hereby.
F.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 113B and Chapter 140, Article XIII, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 140, Article XIII. The approved site plan shall be consistent with the provisions of Chapter 113B and Chapter 140, Article XIII.
The Planning Board shall have the power to grant
a temporary building permit for a period not to exceed one year for
a nonconforming building, structure or use incidental to a building
or other construction project, including such uses as the storage
of building supplies and machinery and a real estate office located
on a tract of land where individual properties are being offered for
sale, provided that such temporary permit shall be issued only upon
written agreement by the owner or his agent to remove such building
or structure upon expiration of such permit, and further provided
that such permit shall be subject to such reasonable conditions as
said Board shall determine to be necessary to protect the public health,
safety and welfare. Such permit may be renewed annually, at the discretion
of the Board, over a period not to exceed three years.
A.
In the event that inspection and legal fees are in
excess of that amount posted, then the developer, agents and servants
shall pay the additional amounts to the Village prior to the issuance
of a certificate of occupancy.
B.
Inspection and legal fees, as determined by resolution
of the Village Board of Trustees of the Village of Harriman,[1] shall be paid to the Village of Harriman prior to the
time that the Chairman of the Planning Board signs the site plan to
cover the costs of inspection and legal fees. In the event that the
actual cost of inspection and legal fees amounts to less than the
amount posted, the Village shall return the difference to the developer.
[Amended 10-25-1989 by L.L. No. 11-1989]
