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]
(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.
(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."
[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]
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.
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]]
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.
