The approving authority for all applications for site development plan permits shall be as follows:
A. 
For any application that involves a disturbance in an area of very steep slope or extremely steep slope, the Planning Board shall be the approving authority for the site development plan permit.
B. 
Where the Planning Board is reviewing an application under the provisions of Chapter 118 of the Village Code, it shall also be the approving authority for any site development plan permit required in connection with such application.
C. 
Except as provided in Subsections A and B hereinabove, the Village Engineer shall be the approving authority for all other steep slope residential site development plan permit applications, except that the Village Engineer, in his sole discretion, may refer any moderately steep slope site plan application to the Planning Board for review and approval.
[Amended 2-28-2005 by L.L. No. 1-2005]
A. 
Required documentation. An application for a site development plan permit shall be made on forms furnished by the Building Department.
B. 
Any application for a site development plan permit shall also contain the following:
(1) 
A written narrative explaining the nature of the proposal, including any future development proposals for the property and whether alternative locations exist for the proposed activity.
(2) 
A site development plan, which shall be drawn at a scale of not less than one inch equals 50 feet and prepared by a landscape architect, architect, professional engineer or other qualified person and showing the following information for all lots on the subject site that contain steep slopes:
(a) 
The location of proposed structures, septic systems, wells and driveways.
(b) 
The location of the proposed area of disturbance and its relation to neighboring properties, together with structures, roads and affected wetlands, if any, within 50 feet of the boundaries of the disturbed area.
(c) 
The existing topography in the proposed area of disturbance at a contour interval of not more than two feet. Contours shall be shown for a distance of 50 feet or greater beyond the limits of the proposed area of disturbance.
(d) 
The location and size of areas of extremely steep slope, very steep slope and moderately steep slope under existing and proposed conditions, in the area of the proposed disturbance and within a distance of 50 feet thereof.
(e) 
The proposed final contours of the disturbed area at a maximum contour interval of two feet and proposed surface materials or treatment.
(f) 
An erosion and sedimentation control plan.
(g) 
The details of any surface or subsurface drainage system proposed to be installed, including special erosion-control measures designed to provide for proper surface or subsurface drainage, both during the performance of work and after its completion.
(h) 
A tree map showing the number and location of existing trees of 20 inches or more in circumference at a height four feet above existing grade, keyed to a table listing species, height and caliper. The map shall show the trees intended to be removed during construction, subject to Planning Board approval. The Planning Board, in its discretion, may waive the requirement for individual tree identification where a large number of such trees are situated in an area that is to be preserved as shown with a clearing limit line.
[Added 11-25-2003 by L.L. No. 9-2003]
(i) 
A landscape plan prepared by a licensed landscape architect showing replacement of trees that are proposed to be removed by the development and installation of trees in such locations as may be determined by the Planning Board.
[Added 9-7-2004 by L.L. No. 4-2004]
(j) 
A stormwater pollution prevention plan in conformance with the performance and design criteria and standards set forth in Article II of Chapter 114 of the Pomona Village Code.
[Added 7-23-2007 by L.L. No. 7-2007]
(3) 
A list of all applicable county, state or federal permits that are required for such work or improvement.
(4) 
Payment of all applicable fees.
C. 
The following information and material shall be supplied if requested by the approving authority or its representative:
(1) 
If required, the following items shall be provided on a site development plan(s) drawn of a scale of not less than one inch equals 50 feet, prepared by a landscape architect, architect, professional engineer or other qualified person:
(a) 
Cross sections of all disturbed steep slope areas.
(b) 
Existing soils within 50 feet of the proposed disturbed area, taken from field investigations by a soil scientist and classified into hydrological soil groups. The depth to bedrock and depth to water table, K-factor and soil and rock strata in all areas of disturbance shall be identified.
(c) 
A cut-fill map delineating areas of disturbance at affected depths on feet of zero to three feet, three to six feet, six to 10 feet and over and the estimated material quantities of cut/fill.
(d) 
A slope map showing existing and proposed slopes within the disturbed area for each of the soil types described in Subsection C(1)(b) above.
(e) 
Other information, including specific reports by qualified professionals on soils, geology and hydrology, as may be determined to be necessary by the approving authority.
(2) 
A plan with the existing topography of the watershed tributary to the disturbed area presented at a scale of not more than one inch equals 100 feet. This map shall show existing and, if required by the approving authority, proposed controls and diversions of upland water.
D. 
In reviewing a site plan submitted pursuant to Subsection C of § 119-2, the Planning Board shall not approve a site plan unless it shall find that the site plan conforms to the requirements of this chapter as well as to other applicable laws and regulations. In reviewing the site plan, the Planning Board shall also take into consideration the public health, safety and general welfare and shall set appropriate conditions and safeguards which are in harmony with the general purpose and intent of this chapter, particularly in regard to achieving the following:
[Amended 1-26-2009 by L.L. No. 1-2009]
(1) 
Traffic access. The number, location and design of all proposed driveways, in terms of their width, grade, alignment, visibility and relationship to the existing street system and neighboring properties and land uses shall be such that maximum safety will be achieved and function properly provided for.
(2) 
On-site circulation and parking. Adequate and convenient off-street parking and loading spaces shall be provided to prevent parking in public streets of vehicles belonging to any persons connected with or visiting the proposed use, and the interior circulation system shall be adequate to provide safe access to all required off-street parking, including access for the handicapped.
(3) 
Pedestrian circulation. An adequate and safe pedestrian circulation system shall be provided to permit safe access to uses on the site from the street and from all parking areas.
(4) 
Landscaping and buffering. All parking, loading and service areas shall be screened in a reasonable manner at all seasons of the year from the view of adjacent residential lots and streets, the general landscaping of the site shall be designed in an attractive manner and, wherever possible, desirable natural features.
(5) 
Lighting. Outdoor lighting shall be provided on the site to assure the safe movement of vehicles and persons and for security, and such lighting shall not create an undesirable impact on neighboring properties and streets.
(6) 
Drainage. The proposed stormwater drainage system shall be adequate to prevent any increase in the rate of surface runoff or otherwise contribute to downstream flooding during a storm of any magnitude up to and including a one-hundred-year-frequency storm.
(7) 
Water and sewage. The proposed systems for water supply and sewage collection and disposal on the site shall be adequate, and facilities shall be sufficient to handle the increase in service.
(8) 
Solid waste. Adequate provisions shall be made for the storage, collection and disposal of solid waste, and such facilities shall not be permitted to adversely affect neighboring properties or public facilities.
(9) 
Building design. The height, location and size of the proposed buildings shall be in conformity with the requirements of this chapter, and all such buildings and other structures shall harmoniously relate to each other, the site and neighboring properties.
(10) 
Signage. All proposed signs, including on-site directional signs and building signs, shall meet the requirements of this chapter, shall be adequate to provide reasonable information to the public and shall be in harmony with the design of the site and buildings and with neighboring properties.
(11) 
Other public needs. Other public needs and requirements, including the provision of recreation facilities and the protection of the environment, shall also be properly and adequately provided for. In furtherance of this subsection, the provisions of Chapter 119 of this Code shall be followed where applicable.
A. 
An application fee and inspection fee in amounts set forth in the fee schedule established from time to time by the Board of Trustees shall be submitted with the application.
B. 
Professional review fees.
(1) 
The Planning Board, in review of an application for a site development plan permit, may refer such application to such planner, engineer, environmental expert or other consultant as the Planning Board shall deem necessary to enable it to review such application as required by law. Fees charged by such consultant shall be paid by the Village and reimbursed to the Village by the applicant for the site development plan permit. Payment of consultants' fees by the applicant shall be in addition to any and all other fees required by law.
(2) 
At the time of submission of any application for a site development plan permit, the applicant shall deposit with the Village Clerk an amount as set forth in the fee schedule adopted by the Board of Trustees,[1] to be held in escrow by the Village from which withdrawals shall be made to reimburse the Village for consultants' fees as set forth in Subsection B(1) above. When the balance in said escrow account is reduced to 1/3 of its initial amount, the applicant shall deposit additional funds with the Village Clerk to restore the balance to the amount of the initial deposit. A building permit or certificate of occupancy or use shall not be issued unless all application fees and consultants' fees charged in connection with the application have been paid to the Village. After all applicable fees and reimbursements have been paid by the applicant, the Village shall refund any amounts remaining in the escrow account.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
(3) 
Inspection fees shall be due and payable pursuant to the provisions of § 119-6B(1) and (2) hereinabove, whether such inspections are required during the pendency of the application for a site development plan permit or after the approval of the site development plan permit to determine compliance with the approved permit.
[Added 10-28-2002 by L.L. No. 6-2002]
A. 
It is the intent of this chapter to incorporate the consideration of steep slope protection into the Village's existing land use and development approval procedures in conjunction with the procedures of the New York State Environmental Quality Review Act. To the maximum extent possible, the review, hearings and decisions upon any application processed under this chapter will run concurrently with similar procedures that the approving authority may undertake in connection with the other applications that are directly related.
B. 
A preliminary informal consultation with the approving authority may be requested by the applicant so as to present his preliminary proposal and review comments on such proposal.
C. 
During its review of the application, the approving authority will:
(1) 
Determine if the application is complete.
(2) 
Hold a public hearing in accordance with Subsection D hereof.
(3) 
Review the application to determine that the requirements of this chapter have been satisfied.
(4) 
Require posting of a letter of credit issued by a bank having offices in Rockland County as a condition of approval to cover losses or damages resulting from work performed under the permit, work performed in excess of that specified by the permit, or the failure to complete work specified by the permit; the amount of such letter of credit to be approved by the Village Engineer, and the form thereof to be approved by the Village Attorney.
(5) 
Approve, approve with conditions or deny the application, in accordance with the requirements of this chapter, within 60 days after the receipt of a complete application as specified in § 119-5 of this chapter, or after the close of a public hearing on that application, whichever is later. Nothing in this section is to be construed as authorization for a default approval in the event that these periods are exceeded.
(6) 
Establish conditions of approval deemed necessary by the approving authority to satisfy the goals, objectives and review standards set forth in the findings and § 119-3 of this chapter including but not limited to the following:
(a) 
Lot layouts shall be designed so that sanitary sewage disposal systems entirely avoid areas of very steep and extremely steep slopes and are in compliance with all standards and regulations of the Rockland County Health Department.
(b) 
The padding or terracing of building sites, including mounding of septic tile fields, shall be minimized to the maximum extent practicable.
(c) 
The alignment of roads and driveways shall follow the natural topography, minimum regrading and comply with design standards for maximum grades set forth in the Village Code.
(d) 
The natural elevations and vegetative cover of ridgelines shall be protected from disturbance to the maximum extent possible.
(e) 
All regrading shall blend in with the natural contours and undulations of the land.
(f) 
Cuts and fills shall be rounded off to eliminate sharp angles at the top, bottom and side of regraded slopes.
(g) 
The angle of cut and fill slopes shall not exceed the natural angle of repose of the soil or rock materials in the cut or fill, except where retaining walls or other structural stabilizations are used. Generally for soils, cut and fill slopes should not be steeper than two horizontal to one vertical (50% slope).
(h) 
Fill slopes shall avoid all natural slopes of two horizontal to one vertical (50%) slope or steeper. The toe of fill slopes shall not be located within 12 feet horizontally of the top of an existing or proposed cut slope.
(i) 
Tops and bottoms of cut and fill slopes shall be set back from existing and proposed property lines a distance at least equal to the lesser of three feet plus 1/5 of the height of the cut or fill or 10 feet.
(j) 
Tops and bottoms of cut and fill slopes shall be set back from structures a distance that will ensure the safety of the structure in the event of the collapse of the cut and fill slopes. Generally, such distance will be considered to be six feet plus 1/5 of the height of the cut and fill but need not exceed 10 feet. Nevertheless, a structure may be built on a slope or at the toe of a slope if it is designed to retain the slope and to withstand the forces exerted on it by the retained slope.
(k) 
The use of explosives shall be avoided to the maximum extent practicable. Generally, disturbance of rock outcrops shall be by means of explosives only if manual labor and machines are not effective and only if rock blasting is conducted in accordance with the Village Code and all other applicable regulations by a person holding a current Class A or Class B certificate of completion from the New York State Department of Labor.
(l) 
Any disturbance of steep slopes shall be completed within one construction season, and disturbed areas shall not be left bare and exposed during winter and spring thaw periods for more than 30 days. Loose excess rock resulting from permitted blasting or otherwise shall be removed as part of the required completion of disturbance work.
(m) 
The disturbance of existing vegetative cover shall not take place more than 15 days prior to commencing grading and construction.
(n) 
Temporary soil stabilization shall be applied within two days after the disturbance is completed or when no additional disturbance is to be performed for a period of seven days. Upon good cause shown and based upon consideration of the slopes, soils and environmental sensitivity of the area involved, the Village Engineer may modify these specified time periods.
(o) 
Measure for the control of erosion and sedimentation shall be undertaken in accordance with the New York State Soil and Erosion Control Guidebook, or its satisfactory equivalent to the approving authority.
(p) 
Topsoil that will be stripped from all areas of disturbance shall be stockpiled in a manner so as to minimize erosion and sedimentation, and shall be replaced on the site at the time of final grading.
(q) 
Fill materials shall be composed only of nonorganic material, including rock with a diameter that will allow for appropriate compaction and cover by topsoil, subject to § 130-4 of the Pomona Code.
(r) 
Compaction of fill materials in fill areas shall be such that it ensures support of proposed structures and stabilization for intended uses.
(s) 
Protect those areas at elevation datum of 50 feet or less than the elevation datum of the ridgeline.
(t) 
The protection of existing trees and other vegetation where feasible. A protected tree, as defined in this chapter, shall be preserved unless such tree endangers the health or safety of any person or interferes with construction of a structure on the lot or is a dead tree as determined by a landscape architect or similar professional. The Planning Board may require relocation of a proposed structure in order to preserve any trees on the property. In reviewing applications for site development plan in connection with steep slopes, the Planning Board shall have authority to vary the minimum frontage, front yard, side yard and rear yard requirements of § 130-12 of this Code provided such variance does not exceed 40% of any of said requirements and provided the Planning Board determines that said variance is necessary in order to limit disturbance of the slope on the lot or to preserve trees or other vegetation thereon. The Planning Board shall not vary minimum lot width or the lot frontage required for flag lots pursuant to Subsection C of § 130-12 of this Code. The Planning Board may also require the planting of additional trees, shrubs or other vegetation for the purpose of protecting the slopes from erosion and to enhance the aesthetics of the site. A note shall be added to the site development plan to read "Any tree that is removed in violation of a clearing limit line, tree map or landscape plan shall be replaced with one or more trees of similar size and species to be determined by the Planning Board. No work shall be performed on the site until the Planning Board has approved a plan for tree replacement and has determined when the planting shall take place."
[Added 9-27-2004 by L.L. No. 6-2004[1]; amended 2-28-2005 by L.L. No. 1-2005]
[1]
Editor's Note: This local law also redesignated former Subsection C(6)(t) and (u) as (u) and (v), respectively.
(u) 
The Planning Board shall have the authority to require phased site development plan review whether or not recommended by the Building Inspector or Village Engineer, and regardless of the source of the information upon which the Planning Board bases its decision to require phased site development plan review. In the event that the Planning Board decides to adopt the recommendations of the Building Inspector, Village Engineer or professional planner for phased site development plan review, or in the event that the Planning Board decides to require phased site development plan review based upon information or recommendations other than the recommendation of the Building Inspector, Village Engineer or professional planner, the phases shall include, but not necessarily be limited to, tree clearing, structural measures for erosion control installation, drainage improvements, driveway installation and construction of the building. Each such phase shall require a separate written certificate of compliance, to be issued by the Building Inspector, upon his being satisfied that the required work for each such phase has been satisfactorily completed. Such certificate of compliance shall contain an authorization for the builder to proceed to the next succeeding phase, if any. There shall be mandatory inspection of each building site to which this chapter shall be applicable, after each rain event, as well as biweekly, whether or not there is a rain event.
[Added 12-23-2002 by L.L. No. 7-2002]
(v) 
No trucks in excess of 10,000 pounds gross weight shall be permitted to make deliveries to the site before 9:00 a.m. or after 6:00 p.m. Mondays through Fridays nor at any time during weekends and holiday.
[Added 9-23-2003 by L.L. No. 7-2003]
(w) 
Protection of all wetlands in accordance with the requirements of Chapter 126 of this Code, the New York State DEC and the U.S. Army Corps of Engineers.
[Added 4-23-2007 by L.L. No. 5-2007]
D. 
Public hearings. For any application in which the approving authority is the Village Engineer, no public hearing will be required. For any application where the Planning Board is the approving authority, the Planning Board shall hold a public hearing in accordance with § 118-32F of this Code. Nothing in this section is to be considered as authorization for a default approval in the event that these periods are exceeded.
E. 
Any approval, conditional approval or denial of a site development plan permit will be in writing. The written decision of the approving authority shall be considered the site development plan permit.
(1) 
In the case of a denial or conditional approval, such written decision will state the reasons for the denial and/or the conditions of approval.
(2) 
Where the Planning Board is the approving authority, such decision will be in the form of a resolution.
F. 
Procedure. The applicant shall submit to the Planning Board 12 copies of a completed application for site plan approval and 12 copies of a complete set of site plan drawings. The site plan shall show the information listed below, drawn to a scale of a minimum of one inch equals 30 feet:
[Added 1-26-2009 by L.L. No. 1-2009]
(1) 
Title of development, date, revision dates, if any, North point, scale, name and address of record owner and of applicant, if other than owner, and of the engineer, architect, landscape architect or surveyor preparing the site plan.
(2) 
Area and boundaries of the subject property, section and lot numbers of the subject property, adjacent zoning and special district boundaries, building or setback lines as required in this chapter, lines of existing streets and adjoining lots as shown on the tax maps and reservations, easements and other areas dedicated to public and special use.
(3) 
The names and mailing addresses of all owners of record of all adjacent properties.
(4) 
Location and dimensions of all existing buildings, retaining walls, fences, rock outcrops, wooded areas, single trees with a circumference of 25 inches or more measured at a height 4 1/2 feet above existing ground level at the base of the tree on the uphill side, watercourses, marshes, water supply, sanitary sewerage, storm drainage, utility facilities and other significant existing features on the site. All significant existing features within 20 feet of all property lines shall also be shown.
(5) 
Existing and proposed contours at a maximum vertical interval of two feet.
(6) 
Proposed use or uses of all land and buildings and, where only a portion of a property is to be occupied by the development, the boundaries and area of such portion (including required screening and setback areas).
(7) 
Outline and elevations of the pavement of abutting streets and of proposed means of vehicular and pedestrian access to and from the site.
(8) 
Location, layout and numbers of any proposed off-street parking and loading spaces.
(9) 
Location and layout of any proposed recreation areas.
(10) 
Proposed finished floor elevation of buildings, finished grade of walls, pavements and storm drains.
(11) 
Detailed construction plans of proposed retaining walls, steps, ramps, paving and drainage structures.
(12) 
Expected storm drainage loads.
(13) 
Estimate of all earthwork, including the quantity of any material to be imported to or removed from the site, or a statement that no material is to be removed or imported.
(14) 
Location and dimensions of all proposed water supply, sanitary sewerage, storm drainage and other utility lines and equipment, including connections to existing facilities.
(15) 
Detailed landscaping plan including type, size and location of all materials used and plans for buffer screening and fencing.
(16) 
Proposed location, type, design, size, color and illumination of all signs.
(17) 
Proposed type, design, mounting height, location, direction, power and timing of all outdoor lighting.
(18) 
Conditions specified by the Zoning Board of Appeals in any approval of any variance or special permit related to the subject property.
(19) 
The following note shall be shown on the site plan: No trucks in excess of 10,000 pounds gross weight shall be permitted to make deliveries to the site before 9:00 a.m. or after 6:00 p.m. Mondays through Fridays nor at any time during weekends and holidays.
G. 
Environmental review. Where required by the New York State Environmental Quality Review Act (SEQRA), additional information concerning the potential environmental impacts of the project.
[Added 1-26-2009 by L.L. No. 1-2009]
H. 
Review by other agencies.
[Added 1-26-2009 by L.L. No. 1-2009]
(1) 
Copies of the site plan application shall be referred to the Village Engineering Consultant, the Building Inspector, the Village Planning Consultant, the Village Attorney and any other Village agencies deemed appropriate by the Planning Board for review and recommendation.
(2) 
Copies of the site plan application shall be referred to the Rockland County Planning Department if the project falls within the provisions of Article 12-B, §§ 239-l or 239-m, of the General Municipal Law. The Rockland County Planning Department shall render its decision within 30 days after referral or within an extended period if agreed upon. If the Rockland County Planning Department fails to report within plan,[2] special permit or zoning regulations, a certificate of occupancy shall not be issued until the construction has been corrected or the applicant has applied to the Planning Board for revised site plan and such application has been approved.
[2]
Editor's Note: So in original.
I. 
Field changes. During construction, the Building Inspector may authorize or require, upon his own determination or at the request of the applicant, minor adjustments to the approved site plan when such adjustments are necessary in light of technical or engineering considerations, the existence or materiality of which was first discovered during actual construction. Where unforeseen conditions are encountered that require a material change to the approved site plan, or where the applicant wishes to modify the approved plan for other reasons, an application for approval of a revised site plan shall be filed with the Planning Board. Such work shall not be performed unless such revised site plan has been approved by the Planning Board.
[Added 1-26-2009 by L.L. No. 1-2009[3]]
[3]
Editor's Note: This local law designated this subsection as Subsection G, but it was redesignated as Subsection I to fit the organizational structure of the Code.
A. 
An applicant or any other aggrieved person may seek a review of a determination by the Planning Board to grant or deny a site development plan permit by the commencement of an action pursuant to the provisions of Article 78 of the Civil Practice Law and Rules within 30 days of the filing of such a determination with the Village Clerk.
B. 
In the case of an application decided by the Village Engineer, the applicant or any other aggrieved person may seek a review by appealing to the Planning Board, in which case the Planning Board shall become the approving authority for such application. Such review shall be requested not later than 20 days after the filing of the subject decision by the Village Engineer. If the appeal is not filed within said period, the determination of the Village Engineer shall be final and binding.
A. 
A site development plan permit issued by the approving authority shall be valid for three years, except that all permits shall expire upon the completion of the work specified. The approving authority may grant one six-month extension to this three-year period, provided that an application for an extension is submitted at least 60 days before the expiration of the steep slope permit. Standards for the issuance of renewals will be the same as those applied to the initial issuance. Permits, including all of their conditions, shall be binding on successors and assigns of the applicant. Upon receipt of a site development plan permit, the applicant may obtain a work permit from the Building Inspector to commence the actual work within the steep slope area. The work permit will be valid for a period of one year or until expiration of the site development plan permit, whichever occurs first.
B. 
Following completion of the work, the applicant shall submit a certification by a landscape architect, architect or professional engineer that the site work meets the requirements of the permit and a certification by a structural engineer that any retaining walls are structurally sound and comply with the requirements of site plan approval and the New York State Building Code.
[Amended 8-15-2005 by L.L. No. 3-2005]
C. 
The Building Inspector shall not issue a certificate of occupancy or use until the Village Engineer has verified that all work has been completed in accordance with the site development plan permit.
D. 
Any proposed revision work covered by a site development plan permit shall be reviewed by the Village Engineer. Where the Village Engineer determines that a substantial revision is proposed, the submission of a new application to the approving authority shall be required.
E. 
The approving authority may suspend or revoke a site development plan permit in the form of a stop-work order if it finds that the applicant has not complied with any or all of the terms of such permit, has exceeded the authority of the permit or has failed to undertake the project in a manner set forth in such permit. The applicant will be provided with a written notice of a stop-work order. Said notice shall be delivered personally or by certified mail addressed to the applicant's address as shown on the permit. Such applicant shall be entitled to a hearing before the approving authority. If such hearing is requested by the applicant in writing within five days after the receipt of the stop-work-order, such hearing will be scheduled within 15 days after the receipt of the request for a hearing. After the close of the hearing, the approving authority may confirm, modify or cancel the stop-work order. The approving authority shall set forth in writing, in the site development plan permit application file it keeps, its findings and reasons for revoking or suspending a site development plan permit issued pursuant to this section.