Pursuant to § 7-725 of the Village Law, as amended,
the Village Board of Trustees delegates final authority to the Planning
Board for approval of any site plan.
A.
Except for one-family and two-family dwellings, approval of a site
plan by the Planning Board is required for:
(1)
The development or redevelopment of any property or structure for
a new use.
(2)
The expansion or relocation of any existing use.
(3)
Any change of use of a property or structure for a permitted use
where said use will increase traffic or the need for parking, water,
sewer or other community services. Said determination shall be made
by the Planning Board.
(4)
Any use or alteration of land located within the one-hundred-year
floodplain.
(5)
Applications for special use permit approval.
(6)
Any other provision requiring site plan approval by the Planning
Board.
B.
Where site plan approval is required, applications for the issuance
of a building permit or certificate of occupancy must be accompanied
by a copy of the approved site plan bearing the signature of the Planning
Board Chairman. The continued validity of any certificate of occupancy
shall be subject to continued conformity with such approved site plan
and conditions. Revisions of approved site plans shall be subject
to the same approval procedure.
[Amended 6-26-2009 by L.L. No. 5-2009]
Any proposed subdivision and/or development (man-made change to improved or unimproved real estate) of land within the purview of this article which is identified on the Flood Insurance Rate Map as an area of special flood hazard shall require the submission of site development plans which comply with all applicable provisions of Chapter 118 of the Code of the Village of Greenwood Lake in addition to the requirements of this chapter.
In considering and acting upon site plans, the Planning Board
shall take into consideration the recommendations of the Comprehensive
Plan, the public health, safety and welfare, the comfort and convenience
of the public in general and of the residents, employees, visitors
and patrons of the proposed development and of the immediate neighborhood
in particular, and may prescribe such appropriate conditions and safeguards
as may be required in order that the result of its action shall, to
the maximum extent possible, encourage the most appropriate use of
land, taking into account:
A.
The size, location, height, bulk, appearance, character, arrangement
and suitability of all buildings and facilities.
B.
The safety, adequacy and convenience of vehicular and pedestrian
thoroughfares, parking and loading areas, and areas related thereto.
C.
The topography, landscaping and open spaces in relation to each other,
to the design of buildings and structures on the site, to pedestrian
and vehicular traffic and to the protection of adjacent properties.
D.
Appropriate levels of lighting to assure the safe movement of vehicles
and persons and their security, provided that such lighting shall
not create an undesirable impact on neighboring properties and streets.
E.
Adequate design, construction and maintenance of stormwater drainage
systems to prevent the occurrence of periodic or continuous downstream
flooding.
F.
The adequate provision of water supply, sanitary facilities, drainage
facilities and other similar services.
G.
The adequate provision of fire protection, police protection, emergency
services and other community facilities and services.
H.
Adequate access to the handicapped.
I.
Adequate access to the rear of structures from public parking lots.
J.
Appropriately screened locations for the storage, collection and
disposal of solid waste.
K.
The adequate identification of establishments through appropriate
signage providing reasonable information to the public and in harmony
with the design of the site and buildings and with neighboring properties.
L.
The physical constraints imposed by natural resources, ensuring that
proper safeguards will be implemented to minimize impacts, including
but not limited to soil erosion and sedimentation and air and water
pollution.
A.
Informal consultation; submission of plan.
(1)
Applications for site plan approval may be submitted prior to submitting
and preparing a complete and detailed site plan. Its purpose is to
afford the applicant the opportunity to consult early and informally
with the Planning Board before preparation of a complete and detailed
site plan. The applicant may come to the Planning Board as many times
as may be necessary.
(2)
The plan shall be submitted to the Planning Board not less than 10
working days prior to the date of the Planning Board meeting at which
it is to be considered and shall be accompanied by a narrative summary.
The narrative summary shall provide a description of the project which
the applicant desires to undertake, the purpose of said project, a
characterization of the neighborhood in which the project is proposed
to be located and the project's conformity with same and a list
of approvals and/or variances and exceptions from this chapter required
to develop said project. The narrative summary for subsequent submissions
shall identify how prior comments have been satisfied.
B.
Site plan application.
(1)
A complete site plan application for site plan approval, including
any information required, shall be submitted to the Planning Board
not less than 10 working days in advance of the Planning Board meeting
at which the site plan is to be reviewed.
(2)
The applicant shall submit all application materials outlined below
in as much detail as necessary to enable the Planning Board to come
to a conclusion as to the merits of the application:
(a)
One copy of site plan application with an affidavit of ownership
which must be notarized.
(b)
Ten copies of the narrative summary of the proposed plan and
history of the property, including identification of any changes made
from the preliminary plan.
(c)
A letter from the Building Inspector not less than 60 days old
stating whether or not any violations exist on the property.
(d)
Ten copies of the site plan prepared by a New York State licensed surveyor, with the information listed in § 120-51 of this article, in addition to any other information required by the Planning Board. More copies may be required depending on the number of referrals to be made for review and recommendations of approval.
(e)
Ten copies of single-line building floor plans and elevations.
(f)
Long Environmental Assessment Form, Part 1, pursuant to State
Environmental Quality Review Act (SEQRA), and other SEQRA documentation
which may be required by the Planning Board as determined to be applicable
during preliminary review.
(g)
A list of any covenants, deed restrictions, easements or other
reservations of land relative to the site, in addition to that not
able to be shown on the final site plan.
(h)
A list of all required federal, state, county and Village permits
(United State Army Corps of Engineers, New York State Department of
Environmental Conservation, New York State Department of Transportation,
Orange County Planning Department, Orange County Department of Public
Works, Orange County Health Department, Orange County Soil Conservation
Service, Village Engineer approvals, Village Board approval of water
connections, drains, runoff and flood control, where applicable).
(i)
Site plan fee, in accordance with the Village of Greenwood Lake
Schedule of Fees.
(3)
Upon certification by the Planning Board that the site plan is complete, the Planning Board will review the proposed plan and may grant approval in accordance with § 120-50G with such conditions as are necessary to ensure conformity of said plan with the general and specific criteria set forth in this chapter (the Zoning Law) and other applicable rules and regulations of the Village of Greenwood Lake.
C.
Public hearing. A public hearing may be held on a site plan application
unless said hearing if required by the Planning Board. If a hearing
is held, said hearing shall be held within 62 days of the date of
receipt of a complete application.
D.
Public hearing notice. The applicant shall publish notice of the
public hearing in the official newspaper not less than 10 days or
more than 30 days prior to the date of the public hearing. The applicant
shall mail said notice not less than 10 days prior to the hearing
to owners of property abutting or across the street from said property.
The form of such notices shall be prescribed by the Planning Board,
and the cost of such notice shall be paid by the applicant. The applicant
shall submit an affidavit of mailing at the public hearing which shall
include a list of the property owners to whom the notice of hearing
was sent.
E.
Referrals. The Planning Board may submit copies of the site plan
application to the following agencies for information, review and
comment regarding facilities under their jurisdiction and to any other
Village, county, state or federal agency with jurisdiction:
(1)
Village of Greenwood Lake Building Inspector.
(2)
Village of Greenwood Lake Village Engineer.
(3)
Village of Greenwood Lake Board of Trustees.
(4)
Village of Greenwood Lake Zoning Board of Appeals.
(5)
Greenwood Lake Fire Department.
(6)
Orange County Planning Department.
(7)
Orange County Department of Public Works.
(8)
New York State Department of Transportation.
(9)
New York State Department of Environmental Conservation.
(10)
United States Army Corps of Engineers.
(11)
Town of Warwick.
F.
Compliance with the State Environmental Quality Review Act. Prior
to the approval of the site plan, the Planning Board shall have determined
whether the action it is reviewing may have a significant effect on
the environment in accordance with the regulations adopted pursuant
to § 8-0113 of the Environmental Conservation Law to implement
the provisions of the State Environmental Quality Review Act (SEQRA).
Fees for preparation or review of SEQRA documents are in addition
to other fees required by these regulations as set forth in the Standard
Schedule of Fees of the Village of Greenwood Lake.
G.
Planning Board decision. The Planning Board shall approve, approve with conditions or deny the final site plan application within 62 days of the date of the hearing or, if no hearing is held, within 62 days of the date of receipt of an application accepted as complete. Planning Board approval, approval with conditions or disapproval shall be in written form and shall include specific findings with respect to the standards as contained in § 120-53 of this article. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days of the date the decision is rendered, and a copy thereof shall be mailed to the applicant.
H.
Signing and filing. Upon submission of the final site plan with any
conditions required by the Planning Board in its final approval, and
upon satisfaction of any conditions imposed by such approval, the
Chairman of the Planning Board shall sign the approved site plan and
file it with the Village Clerk. One copy shall also be filed with
the Building Inspector, who may thereafter issue a building permit
or certificate of occupancy in reliance thereon.
I.
Issuance of certificate of occupancy; surety.
(1)
The Planning Board shall require that on- or off-site improvements
be installed, including but not limited to on- or off-site drainage
systems, to ensure that all drainage, storm runoff and subsurface
waters are carried into approved watercourses and drainage systems.
The Planning Board shall further require that all off-site improvements
and/or drainage systems be installed on property granted to the Village
by fee, easement or otherwise, as determined by the Planning Board.
(2)
No certificate of occupancy shall be issued for the site until all
improvements shown on the site plan, including off-site requirements
as required by site plan approval, have been duly installed and all
easements and property interests have been granted or dedicated to
the Village. A performance bond or other surety shall be posted in
an amount that shall cover the cost of completing all on- and off-site
improvements. Said bond or surety shall be set and held by the Village
Board of Trustees, upon the advice of the Planning Board and the Village
Engineer, and in such form as meets the approval of the Village Attorney.
The Building Inspector shall report to the Planning Board when the
requirements, construction, installation and all other items of the
site plan have been completed, at which time the Planning Board may
authorize the release of the surety.
(3)
A temporary certificate of occupancy may be granted by the Building
Inspector prior to the completion of any required landscaping, concrete
work or other improvements which may not be installed due to seasonal
constraints, upon the approval of the Planning Board, provided that
a bond or surety is posted in such amount as shall be set and held
by the Village Board of Trustees, upon the advice of the Village Engineer
and with the approval of the Planning Board, and in such form as meets
the approval of the Village Attorney. The Planning Board may recommend
release of the performance bond or surety upon recommendation of the
Building Inspector.
J.
Field changes. During construction, the Village Engineer may authorize
or require, at his own determination or, upon the request of the applicant,
minor adjustments to the approved site plan when such adjustments
are necessary due to unforeseen site conditions first discovered during
actual construction. The Village Engineer may refer said request to
the Building Inspector or project architect for their review. Minor
adjustments shall be consistent with the spirit and intent of the
approved site plan. Approval of such adjustment, with the reasons
therefor, shall be in writing and a copy provided to the Planning
Board.
K.
Site plan amendments. Where unforeseen conditions are encountered
which require any material change to an approved site development
plan, or where the developer wishes to modify the approved plan for
other reasons, an amended site plan shall be filed with the Planning
Board for review and approval in accordance with the same procedures
required for site plan applications.
L.
Site maintenance. It shall be the duty of every property owner to
maintain his or her property in conformity with the approved site
plan. Failure to do so shall constitute a violation of these regulations.
The site plan shall be drawn by a licensed design professional
on a series of sheets of uniform size containing the information listed
below. The applicant shall be required to submit all information listed
below, except as otherwise indicated by the Planning Board:
A.
General information:
(1)
An area map taken from the Zoning Map.
(2)
Existing zoning district boundaries within 500 feet, to be shown
on the area map. If such a boundary goes through the site in question,
it shall also be shown on the site plan.
(3)
The applicant's entire holdings. If the applicant is other than
the owner of record, then the owner of record's entire contiguous
holdings shall be shown.
(4)
Property boundaries and existing tax lot lines.
(5)
Existing public streets abutting or crossing the site.
(6)
Existing structures and uses located on the site.
(7)
Approximate locations of wooded areas and existing structures within
200 feet of site lot lines.
(8)
Proposed location and use of any new building or structure, including
all aboveground mechanical, electrical and other utility equipment.
(9)
Proposed location of walkways, benches, recreation facilities, garbage
dumpster and/or receptacle enclosures and facilities for recycling.
(10)
Existing and proposed vehicular access to and from the site.
(11)
Location and layout of driveways, parking areas and loading
areas.
(12)
Proposed location, type and height of fencing.
(13)
Proposed location of outdoor lighting facilities.
(14)
Site plan of the ultimate development, if the project is to
be staged.
(16)
Location of the curb cuts or points of access and egress for
the properties immediately abutting and across the street from the
access point(s) to the site.
(17)
Bulk table, identifying noncomplying items or those needing
a variance.
(18)
The computation for the required number of parking spaces, as provided for in § 120-36A of this chapter.
(19)
Types of materials proposed to be used on the site, i.e., concrete
curb, asphalt, pavement, etc.
(20)
On-site plans involving signs; the location of freestanding
signs in relation to the designated street line.
(21)
All pertinent zoning setback and yard dimension lines.
(22)
Legends, North arrow, graphic scale and title block.
(23)
A three-and-one-half-inch blank square, in the lower right-hand
corner, immediately above the title block for purposes of an approval
block.
B.
Utilities and grading data.
(1)
Existing and proposed contours at a maximum two-foot vertical interval
extended to 100 feet beyond the boundaries of the site.
(2)
Location and types, sizes and slopes, where pertinent, of existing
and proposed waterlines, valves and hydrants, storm and sanitary sewer
lines, electric lines, telephone lines, gas and other utility lines
and utility poles. Typical cover should be indicated over all proposed
underground utility lines.
(3)
Existing and proposed stormwater drainage and underdrain systems,
including location, size and slopes of all pipes and swales, including
invert and top elevations at each manhole, inlet, headwall or other
appurtenant drainage structure; base width, side slope, inverts and
lining of each swale (riprap, asphalt, concrete, grass, etc.); and
inverts of underdrain systems at bends and outlets. Roof drains and
footing drain runoff shall be directed to an existing storm drainage
system in the street, if possible, and not directed to adjacent properties.
Underground detention or percolation systems may be required.
(4)
In addition to the drainage items in Subsection B(3) above, the Planning Board may require the applicant to submit the following:
(a)
A map at appropriate scale showing the limits of the watershed
in which the property is located; the development site should be shaded
in.
(b)
Drainage computations for the runoff entering the site for a
fully developed watershed and for the site itself after proposed development.
(c)
A marked-up grading plan showing tributary areas to each drainage
structure illustrated.
(5)
Location of spot grades at top and bottom of retaining walls.
C.
A soil erosion and sediment control plan shall be submitted in accordance with Chapter 96, Stormwater Management, of the Code of the Village of Greenwood Lake.
D.
Landscaping and lighting data.
(1)
Location, direction, type and height of outdoor lighting facilities,
including isolux curves.
(3)
Proposed location, design and type of screening and landscaping trees.
A planting list should be provided on the drawing, keyed to the plan,
showing botanical and common names, species, quantities, height and
caliper of planting materials. The landscaping plan and schedule shall
be prepared and certified by a landscape architect, at the discretion
of the Planning Board.
(4)
Landscape notes related to maintenance.
E.
Profiles.
(1)
Profiles of roads, driveways, storm drainage pipes and channels.
(2)
Elevation view of any freestanding signs, showing dimensions and
sign area; and on building fascia, the height of signs above grade,
their overall height, dimensions and area.
(3)
Proposed septic system location, if applicable.
(4)
Construction details illustrating all site improvements and those
required in other sections of these regulations, in accordance with
Village construction standards and specifications, and conforming
with all requirements of the Comprehensive Plan.
All site plans that are submitted to the Planning Board, which
have been revised, shall have the revision number noted in a triangle
along with a brief summary of the elements revised and the dates of
revision. Additionally, this revision number (in triangle) is to be
used to indicate on the plan those places where the changes have been
made. Any plan submitted without this system shall be returned to
the applicant and shall be subject to a resubmission fee.
The Planning Board shall not approve a site plan unless it shall
find that such plan conforms to the requirements of this chapter and
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 these regulations, particularly in regard to achieving the following
standards:
A.
Traffic access. The number, location and design of all proposed driveways,
in terms of their width, grade, alignment, visibility, sight distance
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.
B.
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.
C.
Pedestrian circulation. An adequate and safe pedestrian circulation
system shall be provided to permit safe access to uses from the street
and from all parking areas on the site.
D.
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 existing on the
site shall be protected and retained.
E.
Lighting. Outdoor lighting shall be provided on the site to assure
the safe movement of vehicles and persons and for security. Such lighting
shall not create an undesirable impact on neighboring properties and
streets.
F.
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.
G.
Water and sewage. The proposed systems for water supply and sewage collection and disposal on the site shall be adequate and Village facilities shall be sufficient to handle the increase in service and shall conform to Chapter 85, Sewers, of the Code of the Village of Greenwood Lake.
H.
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.
I.
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 and shall be in
accordance with Village plans and programs.
J.
Signage. All proposed signs, including on-site directional signs
and building signs, shall meet the requirements of these regulations,
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.
K.
Recreation.
(1)
For residential uses, land for park, playground or other recreational
purposes is required when the Planning Board has made a finding that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes in the Village
of Greenwood Lake. Such findings shall include an evaluation of the
present and anticipated future needs for park and recreational facilities
in the Village based on projected population growth to which the particular
site plan will contribute.
(2)
If a park cannot be properly located on the site plan, the Planning
Board may require a sum of money in lieu thereof to be established
by the Village Board of Trustees. In making such a determination,
the Planning Board shall assess the size and suitability of lands
shown which could be possible locations for parks or recreational
facilities, as well as practical factors, including whether there
is a need for recreational facilities in the immediate neighborhood.
Any moneys required by the Planning Board in lieu of land for park,
playgrounds or other recreational purposes shall be deposited in a
trust fund to be used by the Village of Greenwood Lake exclusively
for parks or other recreational purposes, including the acquisition
of property.
L.
Other public needs. Other public needs and requirements, including
the protection of the environment, shall be properly and adequately
provided for.
A.
Number and location of spaces. The number and location of off-street parking and loading spaces to be provided on the site shall conform to the requirements of this chapter. (Refer to § 120-36.)
B.
Table of Minimum Parking Dimensions.
(1)
Length of stall.
|
Parking Configuration
|
Length
(feet)
| |
|---|---|---|
|
Parallel Perpendicular
|
20.0 18.0
| |
|
* NOTE:
| ||
|
*The length of perpendicular parking stalls may be reduced by
two feet where curb design permits vehicle overhang.
| ||
C.
Parking area standards.
(1)
Poured-in-place concrete curbing shall be provided to outline all
parking areas and to prevent any vehicle parking within the facility
from overhanging a property line or projecting over any sidewalk,
other walkway or public road.
(2)
No vehicle shall be forced or encouraged by the nature of the design
of the parking area to back out of the parking facility onto a public
road.
(3)
Suitable walkways may be required for the safety of pedestrians moving
to or from their vehicles.
(4)
All required parking facilities shall be graded, surfaced, drained
and maintained throughout the duration of their use to the extent
necessary to avoid nuisances of dust, erosion or excessive water flow
across public ways or adjacent lands. The maximum gradient within
parking areas shall not exceed 5%.
(5)
Suitable markings shall be provided to indicate individual parking
spaces, maneuvering areas, entrances, exits, directions of traffic
flow and other similar requirements.
D.
Special parking standards.
(1)
Employee parking. In parking areas designated for employees, the
Planning Board may permit a reduction in the width of such spaces
to 8.5 feet.
(3)
Compact car parking. The Planning Board may require an applicant
to provide compact car parking spaces subject to the following requirements:
(a)
Compact car parking spaces shall be not less than 7.75 feet
wide and 15 feet long.
(b)
Compact car parking spaces shall be permitted only for long-term
parking use, such as for commuters or employees.
(c)
No more than 1/3 of the total off-street parking spaces required
by this chapter shall be designated for compact cars.
(d)
Compact car parking spaces shall be appropriately signed.
(4)
Motorcycle/bicycle parking. The Planning Board may require an applicant
to provide motorcycle/bicycle parking depending upon the specific
use proposed by an applicant and subject to the following Eno Foundation
for Transportation guidelines:
(a)
One motorcycle and one bicycle parking space may be required
for parking facilities containing 50 automobile spaces. For every
additional 20 automobile parking spaces thereafter, a minimum of one
motorcycle and one bicycle parking space may be required. The Planning
Board shall consider the particular use proposed by an applicant in
establishing the maximum number of parking spaces.
(b)
Bicycle and motorcycle parking facilities are to be located
in an area of a parking lot convenient to destination entrances and
in highly visible areas to minimize theft and vandalism. Wherever
feasible, the parking should be visible to persons within the building.
(c)
Cycle parking facilities are to be placed on paved surfaces
and be well lighted.
(d)
Cycle parking must not interfere with pedestrian traffic.
(e)
Cycle parking should be protected from potential damage by other
vehicle traffic.
(f)
A bicycle space shall be at least two feet six inches wide by
six feet zero inches long. Motorcycle and moped parking shall be at
least three feet four inches wide by seven feet zero inches.
(g)
The Planning Board may require signs to identify cycle lots,
instructions for the operation of unfamiliar kinds of bicycle racks
and other requirements as the Board may deem necessary.
E.
Driveways. For reasons of traffic and pedestrian safety, both on
and off street, as well as to provide for possible future road widening
or other improvements, all new driveways and sidewalk crossings entering
onto any street shall comply with all requirements of this chapter
and shall be subject to building permit and approval by the Orange
County Department of Public Works or New York State Department of
Transportation for access onto Village, county or state roads, respectively.
(1)
Driveway width. Unobstructed access to and from a street shall be provided for all parking spaces. Such access shall consist of at least one twelve-foot-wide lane for parking areas with less than 10 parking spaces and at least two ten-foot-wide lanes for parking areas with 30 parking spaces or more. No entrance or exit to any off-street parking area shall exceed grades in excess of those permitted in Subsection E(2) below.
(2)
Driveway gradients.
(a)
The maximum gradient for new access driveways serving uses other
than single-family dwellings shall be 5%.
(b)
Notwithstanding the maximum permitted gradient specified above,
a driveway serving a use other than a single-family dwelling shall
have a platform with a gradient not greater than 3% within 50 feet
of the center line of the traveled way of the street or within 25
feet of the right-of-way line of the street, whichever distance is
greater.
F.
Delivery and loading facilities. Separate access should be provided
for delivery vehicles. Circulation systems for deliveries should be
designed to avoid interference with automobile and pedestrian movements
or with high turnover parking. Loading areas should be located preferably
to the rear of buildings, away from areas of pedestrian movement,
and screened from view of parking areas, adjacent properties or adjacent
streets.
G.
The following parking area details are to be shown on site plans:
(1)
Parking spaces.
(2)
Parking end islands.
(3)
Parking for handicapped persons.
(4)
Fire lanes and zones. The applicant's professional licensed
engineer or land surveyor shall meet with the Fire Inspector of the
Village of Greenwood Lake and/or the Fire Department to determine
their requirements which shall be shown on this drawing insofar as
they are external to the building.
A.
General standards. All properties subject to site plan review shall
be landscaped with appropriate trees, shrubs and other plant materials
and ground cover, as approved by the Planning Board, to assure the
establishment of a safe, convenient, functional and attractive site
plan requiring a minimum of maintenance. The following are general
standards for landscaping:
(1)
Plant materials shall be nursery grown and selected according to
hardiness and ability to withstand roadway salt conditions.
(2)
Spaces to receive plant materials shall have a minimum inside width
of six feet, except that where vehicle overhang is permitted, a ten-foot
inside width shall be required.
(3)
Loose materials, such as wood mulch and stone aggregate, shall be
spread within a landscaped space at a level not to exceed 1 1/2
inches below the top of the curb.
(4)
Areas that will receive continued pedestrian movement shall be decoratively
paved.
(5)
Upon the request of the Planning Board, a landscape plan shall be
submitted for uses which will result in significant alteration of
vegetation or of the existing land form or for uses which will have
a potential large impact on the Village's aesthetic environment.
Said landscape plan may be prepared by a landscape designer or, at
the recommendation of the Planning Board, by a licensed landscape
architect who shall certify the plan as to plant hardiness. The landscape
designer or licensed landscape architect who prepared the plan shall
supervise construction and installation of the landscape materials.
Before the issuance of a certificate of occupancy, the landscape designer
or licensed landscape architect shall certify that the landscaping
has been installed in accordance with the landscaping plan, except
where variations have been authorized by the Planning Board or Building
Inspector.
(6)
The minimum landscape requirements for any use requiring site plan
approval are a general guide only and may be modified by the Planning
Board where, due to special characteristics of the project site, the
proposed use, surrounding area or buildings and structures, such changes
are necessary to ensure compatibility and conformance with other standards
or criteria of these regulations.
B.
Traffic movement. In areas where landscape materials are used to
define paths of traffic movement, the following guidelines shall be
used:
(1)
Plants shall be selected to achieve not more than three feet mature
height. Planting height shall be 18 to 24 inches.
(2)
Plants shall be spaced to create a compact hedge border at time of
planting.
(3)
As an alternate, street trees may be used. Trees shall be approved
by the landscape architect, three-and-one-half to four-inch caliper,
nursery grade, spaced 20 feet on center. Street tree specimens shall
be approved by the Planning Board.
[Amended 4-1-1999 by L.L. No. 1-1999]
C.
Parking areas. In areas where landscape materials are used to complement
parking areas, the following guidelines shall be used:
D.
Entrance definition. Where landscape materials are used to define
the point of entrance to a commercial facility, the following guidelines
shall be used:
(1)
Plant materials shall consist of a carefully designed variety of
evergreen shrubs selected by the Planning Board.
(2)
Design may be a natural or formal setting; however, plant height
shall not interfere with required sight distance.
(3)
Planting beds shall be covered with mulch, stone or other aggregate
to be approved by the Planning Board.
E.
Pedestrian areas. Where landscape materials are used to complement
areas intended for pedestrian activity, the following guidelines shall
be used:
(1)
Pedestrian areas shall be paved with concrete or paving block. Areas
to be paved shall be tamped or underlain with gravel.
(2)
In order to minimize large areas of paving, landscape features, such
as two- to three-foot earth mounds and planters, shall be used.
(3)
Plant materials shall consist of a variety of evergreen and deciduous
shrubs and trees to be approved by the Planning Board.
(4)
Planting beds shall be covered with mulch, stone or other aggregate
to be approved by the Planning Board.
F.
State highway rights-of-way. Where landscape materials are used to
complement areas within a state highway right-of-way, the following
guidelines shall be used:
A.
General standards. Adequate lighting shall be provided on each site
to ensure safe movement of persons and vehicles and for security purposes.
Lighting fixtures and standards shall be of a type approved by the
Planning Board. All lighting shall be designed and arranged so as
to preclude or minimize glare and reflection on adjacent properties
and streets. The Planning Board may impose reasonable hours of operation
should lighting fixtures negatively impact adjacent properties. No
floodlights in excess of 100 watts shall be installed without specific
written permission from the Planning Board.
B.
Design standards. The following design standards shall be followed
on all site plans:
(1)
The style of the light and light standard shall be consistent with
the architectural style of the principal building.
(2)
The maximum height of freestanding lights shall be no higher than
the height of the principal building but shall not exceed 18 feet.
The maximum height may be increased to 25 feet in large parking areas
where the Planning Board finds that such lighting is appropriate and
where such increased height will not be a disturbance to neighbors.
(3)
The source of illumination shall be so shielded that it is not visible
beyond the boundaries of the lot on which it is located.
(4)
Where lights may be visible from adjacent residences or public streets,
the lights shall be appropriately shielded to minimize visual discomfort
and impairment of driver and pedestrian vision due to glare.
(5)
Spotlight-type fixtures attached to buildings shall not be permitted.
(6)
Freestanding lights shall be so located and protected as to prevent
damage by vehicles.
(7)
Lighting shall be located along streets, parking areas, at intersections
and where various types of circulation systems merge, intersect or
split, as required by the Planning Board.
(8)
Pathways, sidewalks and trails shall be lighted with suitable low-
or pedestrian-type standards.
(9)
Exterior stairways, sloping or rising paths, building entrances and
exits shall be suitably illuminated for safety purposes.
Where the Planning Board finds that, because of the special
circumstances of a particular case, hardship may result from strict
compliance with these regulations, it may adjust the regulations so
that substantial justice may be done and the public interest secured,
provided that any such adjustment will not have the effect of nullifying
the intent and purpose of these regulations, this zoning chapter,
the Comprehensive Plan or the Official Map of the Village. In granting
any adjustment, the Planning Board shall attach such conditions as
are, in its judgment, necessary to secure substantially the objectives
of the standards or requirements so adjusted.
