It is the intent of this article to promote the health, safety and general welfare of the residents and property owners of the Village of Saddle Rock. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Village, and, in addition, such an environment is deemed essential to the maintenance of the quality of life and the general welfare of such inhabitants. It is further the intent of this article to ensure the optimum overall conservation, protection, preservation, development and use of the natural and human-related resources of the Village by regulating land use activity within the Village through review and approval of site plans. It is not the intent of this article to permit or prohibit per se any land use activity or to alter or amend other provisions of this Code regarding permitted uses of land, but to allow those permitted land use activities, provided that the same meet the standards set forth in this article and elsewhere in this Code.
[Adopted 10-2-1991 by L.L. No. 4-1991]
As used in this article, the following words or terms shall have the indicated meanings. The definitions of terms in Chapter 150 of this Code shall also be applicable to this article, unless a different definition appears herein. Any term which is not otherwise so defined shall carry its usual and customary meaning unless the context otherwise dictates.
Any structure designed to accommodate an accessory use but detached from the principal structure, such as a freestanding garage for vehicles accessory to the principal use, a storage shed, garden house or similar facility.
Any construction or other activity which changes the use or appearance of land, a structure, accessory structure or off-shore structure, or the intensity of use of land or structure. "Land use activity" shall explicitly include, but not be limited to, the following: new structures, expansions to existing structures, new uses, changes in or expansion of existing uses or roads, driveways, paved or artificially covered land and/or excavations.
The high-water mark of any lake, pond, stream, river or other body of tidal water.
Any object constructed, installed or placed on land to facilitate land use and/or development and/or subdivision of land, such as buildings, sheds, signs, tanks and any fixtures or alterations thereof.
A.
No person, firm, partnership, association, corporation or other entity shall commence any land use activity in the Village, nor shall any permit be issued for the same, without first obtaining site plan approval pursuant to this article.
B.
Notwithstanding the provisions of Subsection A of this section, the following land use activities shall not require site plan approval pursuant to this article:
(1)
Construction or exterior alteration, renovation or reconstruction of structures ordinarily accessory to a single-family dwelling, where the Board of Trustees determines that no site plan approval is required.
(2)
Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this article.
(3)
Ordinary repair or maintenance or interior alterations to existing structures or uses.
C.
Any person uncertain of the applicability of this article to a given land use activity may apply in writing to the Building Inspector for a written jurisdictional determination.
This article does not apply to uses and structures which are lawfully in existence as of the date this article becomes effective. Any use which would otherwise be subject to this article which has been discontinued for a period of six months or more shall be subject to review pursuant to the terms of this article before such use is resumed. Any otherwise lawful permitted use or structure shall be considered to be in existence, provided that the same has been substantially commenced as of the effective date of this article and fully constructed and completed within one year from the effective date of this article.
This article shall in no manner affect the provisions or requirements of any other federal, state or local law or regulation. Where this article is in conflict with any other law or regulation, the more restrictive shall apply.
Applicants for site plan approval may follow the recommended procedures related to the sketch plan conference as hereinafter set forth. Applicants must comply with all other procedures and requirements of this article.
Upon the request of an applicant, a sketch plan conference shall be held between the Board of Trustees or its designee (including but not limited to a committee of the Board, the Code Official or Village Engineer) and the applicant prior to the preparation and submission of a formal site plan. The intent of such conference is to enable the applicant to inform the Board of Trustees of the nature and scope of the applicant's proposal prior to the preparation of a detailed site plan and for the Board of Trustees to review the basic site design concept, advise the applicant as to potential problems and concerns and generally to determine the information to be required on the site plan. In order to accomplish these objectives, the applicant shall provide the following at the time of the request for a sketch plan conference:
A.
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, existing and proposed vegetation and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.
B.
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets, rights-of-way, easements and other pertinent features within 200 feet of the boundaries of the parcel.
C.
A topographic or contour map of adequate scale and detail to show site topography.
An application for site plan approval shall be made in writing to the Board of Trustees and shall be accompanied by the information required by this section. Where a sketch plan conference is held, the Board of Trustees shall determine which of the provisions otherwise required by this section will not be required for the application. Required information shall include:
A.
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
B.
North arrow, scale and date.
C.
Boundaries of the property, plotted to scale.
D.
Existing buildings on the property.
E.
Grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses.
F.
Location, design, type of construction, proposed use and exterior dimensions of all buildings.
G.
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls, bulkheads, pools and fences (where permitted by law).
H.
Location, design and construction materials of all energy distribution facilities, including electrical, gas, petroleum and solar energy and all proposed air-conditioning and/or heating units, all outdoor mechanical equipment and/or antennas.
I.
Location and proposed development of all buffer areas, including existing vegetative cover.
J.
Location and design of outdoor lighting facilities.
K.
General landscaping plan and planting schedule.
L.
An estimated project construction schedule.
M.
Identification of permits required from all other governmental bodies and record of application for and status of all necessary permits from other governmental bodies.
N.
Other elements integral to the proposed land use as may be considered necessary by the Board of Trustees in the particular case.
An application for site plan approval shall be accompanied by a fee in an amount determined by the Board of Trustees for such applications.
Costs incurred by the Board of Trustees for consultation fees or other extraordinary services in connection with the review of a proposed site plan shall be charged to the applicant, not to exceed a total of $1,500.
The Board's review of the site plan shall include, as appropriate, but is not limited to the following general considerations:
A.
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
B.
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
C.
Adequacy of stormwater and drainage facilities.
D.
Adequacy of water supply and sewage disposal facilities.
E.
Off-street parking.
F.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
G.
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
H.
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
I.
Overall impact on the neighborhood, including compatibility of design considerations.
J.
Environmental impact upon air, water, earth and humans.
The following specific standards shall apply in conjunction with the subject uses or in the designated areas:
A.
All construction on any shoreline lot shall be carried out in such manner as to minimize interference with the natural course of such waterway, to avoid erosion of the shoreline, to minimize increased runoff of ground and surface water into the waterway, to remove only that vegetation which is necessary to the accomplishment of the project, and to generally maintain the existing aesthetic and ecological character of the shoreline and adjacent land and waterways.
B.
Any boat pump-out or other connection to provide for the accommodation of sanitary wastes shall be connected to an adequate and environmentally satisfactory disposal system.
C.
Any dock facility or any storage of petroleum products within 100 feet or reasonable setback, as determined necessary by the Board of Trustees, from the shoreline shall include adequate provisions for ensuring that any leak, rupture or spill will be contained and not be introduced into or affect the adjacent land and/or waterway. In particular, a raised earthen or paved berm or dyke and catch basin shall be constructed in such manner so as to afford adequate protection.
D.
Any paved or otherwise improved parking area within 100 feet of any shoreline or road shall be designed and constructed so as to minimize surface runoff and the entrance of any chemical pollutants or earthen siltation into the waterway or road.
The Board of Trustees may conduct a public hearing on the site plan if considered desirable by a majority of its members. Such hearing shall be commenced within 60 days of the receipt of application for site plan review, or at the next regular meeting of the Board of Trustees following such sixty-day period as the Board may determine, and shall be advertised in the Village's official newspaper at least five days before the public hearing.
Within 60 days of receipt of the application for site plan approval, or if a public hearing is held within 60 days following the conclusion of the public hearing, the Board of Trustees shall render a decision. In its decision the Board of Trustees may approve, approve with modifications or disapprove the site plan. The time period in which the Board of Trustees must render its decision can be extended by mutual consent of the applicant and the Board of Trustees.
A.
Approval. Upon approval of the site plan, and payment by the applicant of all fees and reimbursable costs due the Village, the Board of Trustees shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Village Clerk and Code Official. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
B.
Approval with modifications. The Board of Trustees may conditionally approve the final site plan. A copy of written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Board of Trustees that all conditions have been met and payment by the applicant of all fees and reimbursable costs due the Village, the Board of Trustees shall endorse its approval on a copy of the site plan and shall file the site plan and written statement of approval with the Village Clerk and Code Official forthwith. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
C.
Disapproval. Upon disapproval of the site plan the decision of the Board of Trustees shall immediately be filed with the Village Clerk and Code Official, and a copy thereof mailed to the applicant by certified mail, return receipt requested. The decision disapproving a site plan shall include the Board of Trustees' reasons for disapproval.
Any person aggrieved by any decision of the Board of Trustees or any officer, department, board or bureau of the Village, under this article, may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the Village Clerk.
The Board of Trustees may appoint or designate one or more enforcement officers to carry out the duties assigned by this article. If appointed, the enforcement officers shall be responsible for the overall inspection of site improvements, including coordination with the Board of Trustees and other officials and agencies, as appropriate.
The Board of Trustees may, after a public hearing, adopt by resolution such further rules and regulations as it deems reasonably necessary to carry out the provisions of this article.
Whenever the circumstances of proposed development require compliance with this article and with any other local law, ordinance or requirement of the Village, the Board of Trustees shall attempt to integrate, as appropriate, site plan review as required by this article with the procedural and submission requirements for such other compliance.
Any person, firm, corporation, partnership, association or other legal entity, whether formal or informal, who shall violate any of the provisions of this article or any conditions imposed by a permit pursuant hereto shall be guilty of an offense and subject to a fine of not more than $1,000 or by penalty of $1,000 to be recovered by the Village in a civil action. Every such person or entity shall be deemed guilty of a separate offense for each week such violation, disobedience, omission, neglect or refusal shall continue.
The provisions of this article are severable. If any section, paragraph or provision of this article shall be invalid, such invalidity shall apply only to the section, paragraph or provision(s) adjudged invalid, and the rest of this article shall remain valid and effective.