The Planning Board is hereby authorized to review and approve,
approve with modifications, or disapprove site plans pursuant to Village
Law § 7-725-a in accordance with the standards and procedures
set forth in this chapter.
All uses designated as requiring site plan review shall have
a site plan approved by the Planning Board prior to the issuance of
a zoning permit and a certificate of compliance by the Zoning Officer.
The Zoning Officer shall refer any application for a zoning
permit which also requires a site plan review to the Planning Board.
An application for a site plan review shall be filed with the Planning
Board, and the appropriate fee as determined by the fee schedule adopted
by Village Board resolution shall be paid to the Village Clerk. Three
copies of the application and site plans shall be provided which shall
include the following:
A.
Name and address of applicant and owner, if different, and of the
person responsible for preparation of drawings;
B.
Date, North point, written and graphic scale;
C.
Boundaries of the site plotted to scale, including distances, bearings,
and areas;
D.
Locator map showing the site in relationship to the Village;
E.
Location and ownership of all adjacent lands as shown on the latest
tax records;
F.
Location of all zone district boundaries;
G.
Location, name, and existing width of adjacent streets;
H.
Location, width, and purpose of all existing and proposed easements,
setbacks, reservations, and areas dedicated to public use or adjoining
the property;
I.
Complete outline of existing or proposed deed restrictions or covenants
applying to the property;
J.
Existing hydrologic features together with a grading and drainage
plan showing existing and proposed contours at a maximum of five-foot
intervals;
K.
Location, proposed use, and height and dimensions of all buildings
including the number and distribution by type of all proposed dwelling
units, and the designation of the amount of gross floor area and gross
leasable area proposed for retail sales and services, office and other
commercial or industrial activities;
L.
Location and design of all parking and loading areas including access
and egress drives and fire lanes and emergency access areas;
M.
Provision for pedestrian access, including public and private sidewalks;
N.
Location of outdoor storage;
O.
Location and design of all existing or proposed site improvements,
including drains, culverts, retaining walls, and fences;
P.
Description of the method of securing public water supply and disposing
of sewage, and the location and design of such facilities;
Q.
Location and design of all energy distribution facilities, including
electrical, gas, and solar energy;
R.
Location, size and design of all proposed signs;
S.
Location and design of outdoor lighting facilities;
T.
General landscaping plan and planting schedule, including the location
and proposed development of all buffer areas;
U.
Erosion and sediment control plan conforming to the standards and
practices contained in the USDA Soil Conservation Service Engineering
Field Manual (EFM) and New York Guidelines for Urban Erosion and Sediment
Control, or other erosion and sediment control manual recognized by
the Planning Board;
V.
An agricultural data statement pursuant to Village Law § 7-739,
when applicable;
W.
A statement of the nature and extent of the interest of any state
employee, or officer or employee of the Village in the applicant pursuant
to General Municipal Law § 809, when applicable;
X.
An environmental assessment form (EAF) and, when applicable, a draft
environmental impact statement (EIS) pursuant to 6 NYCRR Part 617;
Y.
Other elements integral to the proposed development as considered
necessary by the Planning Board.
The Planning Board may waive any of the submission requirements listed in § 201-915 above where it deems that the information is either not applicable or is unnecessary to a particular site plan review.
The Planning Board shall be responsible for the completion of
an environmental assessment form (EAF) for each application for site
plan review. The Planning Board shall be responsible for compliance
with 6 NYCRR Part 617 (State Environmental Quality Review Act regulations)
in cooperation with other involved agencies in the review of any site
plan.
Upon a determination by the Planning Board that the application
for a site plan review is complete, the board shall review the site
plan taking into consideration the objectives for site plan review
as outlined in Section 935 and the general standards for all uses
as outlined in Article 5 of this chapter.
The Planning Board shall require that all site plans comply
with the following general review criteria:
A.
That the site is designed in the interests of the public health,
safety, welfare, and comfort and convenience of the public in general,
the residents of the proposed development, and the residents of the
immediate surrounding area;
B.
That the site is designed so as to be in harmony with the master/comprehensive
plan for the community;
C.
That parking areas are adequate for the intended level of use, and
arranged and screened so as to minimize negative impacts on adjacent
properties;
D.
That access to the site is safe and convenient and relates in an
appropriate way to both the internal circulation on the site as well
as the Village street system;
E.
That the internal circulation of the site is arranged so as to minimize
impacts on the Village street system;
F.
That the site is suitably landscaped, and appropriately screened
from adjacent properties and the street so as to protect the visual
character of the area and to minimize negative impacts on adjacent
properties and the neighborhood;
G.
That any activities on the site which are incompatible with adjacent
properties are suitably buffered so as to minimize negative impacts
on such adjacent properties;
H.
That signs, site lighting, and the locations of all buildings and
structures are in keeping with the character of the neighborhood;
I.
That any changes to existing drainage patterns, or increased drainage
due to development activity, has no negative impacts on adjacent property;
J.
That proposed water supply and sewage disposal facilities are adequate;
K.
That development activity complies with all other standards and requirements
of this chapter.
During the course of the review, should the Planning Board determine
that a site plan approval may not be feasible without the granting
of an area variance as defined by Village Law § 7-712, the
Planning Board may, at its discretion, refer the application and site
plans to the Zoning Board of Appeals for the consideration of such
variance.
The Planning Board shall conduct a public hearing. Such public
hearing shall be conducted within 62 days of the receipt of the completed
application for a site plan review and shall be advertised at least
five days before the hearing in a newspaper in general circulation
in the Village. A notice of the hearing shall be mailed to the applicant
at least 10 days before the hearing.
At least 10 days before the hearing, the Planning Board shall
refer all site plan review matters that fall within those areas specified
under General Municipal Law § 239-m to the County Planning
Board. This shall include any use that falls within 500 feet of the
following: the boundary of the Village; a state or county park or
recreation area; a state or county highway or expressway; a state-
or county-owned drainage channel; state or county land where a public
building or institution is located; or a farm operation in an agricultural
district. If the County Planning Board does not respond within 30
days from the time it received a full statement on the referral matter,
then the Planning Board may act without such report.
The Planning Board may waive the public hearing. Such waiver
shall not be allowed in any one of the following circumstances:
A.
The use requires a special use permit pursuant to this chapter;
B.
The use is a Type I SEQR action and the use is determined by the
Planning Board to have environmental significance;
C.
The use is over 1,000 square feet of floor or ground area;
D.
The use is over 20 feet in height;
E.
The use requires an increase or change in public water supply facilities,
sewerage facilities, drainage facilities, sidewalks, streets, curbs,
gutters, or other public improvements;
F.
The use is determined by the Planning Board to be of a publicly controversial
nature; or
G.
The applicant has requested a public hearing.
A.
Within 62 days of the public hearing, or within 62 days of the acceptance of a complete application by the Planning Board where such hearing has been waived pursuant to § 201-955 above, the Planning Board shall act on the site plans. The time within which the Planning Board must render its decision may be extended upon mutual consent of the applicant and the Planning Board. The action of the Planning Board shall be in the form of a written statement to the applicant stating whether or not the site plans are approved, approved with modifications, or disapproved. In its approval, the Planning Board shall have the authority to impose such reasonable conditions and restrictions on the issuance of a zoning permit for the application as are directly related to and incidental to a proposed site plan. The decision of the Planning Board shall immediately be filed in the office of the Village Clerk and a copy mailed to the applicant.
B.
If the site plans are approved, and upon 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 application and site plans.
C.
If the site plans are approved with modifications, the Planning Board
shall specify in the statement all modifications to be made. Upon
payment by the applicant of all fees and reimbursable costs due to
Village, and upon approval of the modified application and site plans,
the Planning Board shall endorse its approval on a copy of the application
and site plans.
D.
If the site plans are disapproved, the statement shall contain the
reasons for such findings. In such case, the Planning Board may recommend
further study of the application and resubmission after it has been
revised or redesigned.
Within seven days of final action on any matter referred to the County Planning Board pursuant to § 201-950 above, the Planning Board shall file a report of the final action it has taken with the County Planning Board.
