The intent and purpose of site plan approval
is to ensure that any plot of land affected thereby shall be developed
with proper regard for the public health, safety, welfare, comfort
and convenience of the public in general and of the occupants and
users of the subject land and buildings in particular and to preserve
the property values and the charm, beauty and attractiveness of the
residential and business areas of the Village, by providing procedures
for architectural review of all structures where site plan approval
is required. The Board of Trustees hereby finds that structures of
poor quality of exterior design or excessive similarity or excessive
dissimilarity in relation to their sites or surroundings, or mar the
appearance of their areas, decrease the attractiveness of the Village
or area, impair the use, enjoyment, stability and desirability and
reduce the values of properties are detrimental to the characters
of neighborhoods, prevent the most appropriate utilization of land
and, therefore, adversely affect the functioning, economic stability,
prosperity, health, safety and general welfare of the entire community
and are aesthetically inappropriate and visually offensive. The Board
of Trustees finds that in order to promote and secure the health,
safety, comfort and general welfare of the community and in order
to preserve the property values and the character and attractiveness
of the residential and business areas it is necessary to prevent said
designs which are aesthetically inappropriate and which do not relate
or are not similar to the design and aesthetics of surrounding sites
and structures as such buildings or structures are offensive to the
visual sensibilities.
Prior to the issuance of a building permit in
any business or industrial or office-residence zoning district, or
for a multifamily dwelling in any district or for subdivisions, for
a new building or structure or for an exterior alteration on a commercial
building or a significant addition exceeding 50% of the total elevation
of the existing residential building or structure as determined by
the Superintendent of Buildings or for any new or altered land use
activities, the Superintendent of Buildings shall require site plan
approval in accordance with the provisions of this article. Site plan
approval shall include architectural review in accordance with this
section. The Superintendent of Buildings shall notify any applicant
for a building permit in each case where site plan approval is required.
Henceforth all operations subject to site plan
approval in the Village shall be subject to architectural review by
the Village Planning Board so that the following may be adhered to
and realized:
A. The use of good, accepted, and superior exterior building
design;
B. The implementation of aesthetically desirable and
pleasing design which relates to and is similar to the design and
aesthetics of surroundings sites and structures; and
C. The prevention of designs which are aesthetically
inappropriate and which do not relate or are not similar to the design
and aesthetics of surroundings sites and structures or are otherwise
offensive to the visual sensibilities.
The Planning Board review of a site plan shall
include but is not limited to the following considerations:
A. The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, channelization
structures and traffic controls.
B. The adequacy and arrangement of pedestrian traffic
access and circulation, including separation of pedestrian convenience.
C. The location, arrangement, appearance and sufficiency
of off-street parking spaces and loading areas.
D. The location, arrangement, size, design and general
compatibility of buildings, uses, lighting and signs with other buildings
and uses on and in the neighborhood of the site.
E. The adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or noise-deterring
buffer between the proposed use and adjoining uses or properties.
F. In the case of a multifamily dwelling, the adequacy
of usable open space for playgrounds and informal recreation.
G. The adequacy of stormwater and sanitary waste-disposal
facilities.
H. The preservation of existing natural and landscaping
features.
I. The protection of adjacent properties against noise,
glare, unsightliness or other objectionable features.
J. The adequacy of water supply facilities.
K. The overall impact on the neighborhood, including
compatibility of design considerations.
L. Conformance with the Village Master Plan.
M. The adequacy of the overall plan in minimizing harmful
effects upon the environment.
N. The quality of exterior design.
O. The excessive similarity or excessive dissimilarity
of the design in relation to sites or surroundings.
P. The extent to which the design:
(1)
Mars the appearance of sites and surroundings;
(2)
Decreases the attractiveness of the Village
or area;
(3)
Impairs the use, enjoyment, stability and desirability
of the neighborhood;
(4)
Will reduce the values of properties within
the Village or area;
(5)
Is detrimental to the character of the neighborhood;
(6)
Prevents the most appropriate utilization of
land;
(7)
Adversely affects the functioning, economic
stability, prosperity, health, safety and general welfare of the entire
community; or
(8)
Is aesthetically inappropriate and visually
offensive to the visual sensibilities.
The Village Board of Trustees shall review all
site plan actions and recommendations by the Planning Board and shall
independently approve, approve with modifications or disapprove the
site plan.
The Planning Board or Village Board of Trustees
may conduct a public hearing on the site plan if a majority of the
members deem that such a hearing is in the public interest. The applicant
shall provide evidence at the hearing that all landowners within a
two-hundred-foot radius of the proposed project were notified by mail
not less than 10 days before the public hearing, and shall conspicuously
post at least one poster, said poster must not be less than three
feet by four feet in size, along each street frontage of the property
which is the subject of the application at least 10 days prior to
the date set for the public hearing.
A. Such poster shall contain the following information:
(1)
A brief explanation of the proposed site plan
approval requested.
(2)
That a public hearing will be held before the
Planning Board at a specified date, and the time and place with regard
to the proposed hearing.
B. Said poster must remain in place until the public
hearing has been completed and must be removed no later than seven
days thereafter. The applicant, or applicant's agent, shall verify
that said poster is still in place on a daily basis and shall promptly
replace said poster should it be removed or defaced.
C. The Planning Board shall adopt regulations governing
the format of said poster and the manner and place in which it is
posted. Said Board may require the applicant to use a poster supplied
by it, in which event the Planning Board may set a fee to cover the
cost of said poster.
In addition to the other fees required by the
Superintendent of Buildings, the applicant shall be required to pay
the cost associated with outside engineering, architectural, legal
and other consulting professionals retained by or on behalf of the
Village of Farmingdale which are deemed necessary by the Superintendent
of Buildings to assist with the site plan or architectural board review
process. No building permit shall be issued pursuant to the provisions
of this article until all expenses incurred by the Planning Board
for outside engineering, architectural, legal and other consulting
professionals or other extraordinary expenses in connection with the
review of a site plan are reimbursed to the Village by the applicant.
At the time of application, the applicant shall deposit with the Village
Clerk-Treasurer such amount to cover consultation fees and extraordinary
expenses as shall be established from time to time by resolution of
the Board of Trustees.
In connection with its site plan review, the
Village Board may require a performance bond in an amount it shall
determine to insure that all the improvements shown on the site plan
are completed and to insure that in the event that the project is
abandoned, the site is restored to its condition prior to the commencement
of the project. The project shall be deemed abandoned if no substantial
work is performed on the site for a period of one year and the site
plan approval has expired.
[Amended 3-4-2013 by L.L. No. 4-2013]
Site plan approval shall automatically terminate and be null
and void and of no further force and effect one year after the approval
is granted unless, within such one-year period a building permit has
been issued and there is physical evidence to demonstrate that substantial
construction has commenced and continuing; provided, however, that
clearing grading and/or excavation shall not be deemed to be substantial
construction within the meaning of this section; provided further,
however, that the Board of Trustees, at its sole discretion, may upon
written application extend the site plan approval for additional one-year
periods where it appears that extenuating circumstances warrant said
extension and provided that the applicant pays an extension fee in
an amount set by the Board of Trustees. Applications for extensions
shall be in writing directed to the Board of Trustees and shall be
accompanied by a filing fee in an amount which shall be set, from
time to time, by resolution of the Board of Trustees.