[1]
Editor's Note: See also the Detail Sheets included as an attachment to this chapter.
[Amended 4-7-1987 by L.L. No. 5-1987]
A. 
Approval of a site plan by the Planning Board is required for a) the development or redevelopment of any building, structure or lot or portion thereof for a new use; b) the expansion or relocation of any existing use; or c) any change of use of a building, structure or lot or portion thereof. Notwithstanding the foregoing, one-family detached dwellings do not require site plan approval as required in this article. Where site plan approval is required, applications for the issuance of a building permit or certificate of occupancy or certificate of use must be accompanied by a copy of the approved site plan.
B. 
All site development and all use of the property shall be in conformance with the approved site plan and such additional standards and safeguards as the Planning Board may impose as a condition of approval. No certificate of occupancy or certificate of use shall be issued until all such requirements have been met. Continued conformance with the approved final site plan and such additional standards and safeguards shall be a requirement of the continued validity of any such certificate of occupancy or certificate of use.
The Planning Board shall not approve a site plan unless it shall find that such 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:
A. 
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.
B. 
On-site circulation and parking.
(1) 
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.
(2) 
Circulation on school sites. On sites being used for schools, the interior system of roadways, driveways, and parking areas shall be designed so as to minimize the separation of buildings or structures utilized by students from outdoor educational or recreational facilities by such interior vehicular circulation system, to the satisfaction of the Planning Board.
[Added 6-17-1993 by L.L. No. 1-1993]
C. 
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.
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, and 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 facilities shall be sufficient to handle the increase in service.
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.
J. 
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.
K. 
Other public needs. Other public needs and requirements, including the provision of recreational facilities, the protection of the environment, etc., shall also be properly and adequately provided for.
A. 
Submission. The applicant shall submit to the Planning Board two copies of a completed site plan application form and 10 copies of a site plan. The site plan shall show the information listed below.
B. 
Required data. All of the following information shall be indicated on the site plan, which shall be drawn at a scale of one inch equals 30 feet or larger:
(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 diameter of eight inches or more measured three feet above the base of the trunk, watercourses, marshes, water supply, sanitary sewerage, storm drainage and any other utility facilities and of any other significant existing features on the premises. 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. (See Article VII.)
(9) 
Location and layout of any proposed recreation areas.
(10) 
Proposed finished floor elevation of buildings, finished grades of walls, pavements, and storm drains.
(11) 
Preliminary architectural plans and a rendering showing at least the location and dimensions of proposed structures, exterior elevations, and materials to be used. A "rendering" is hereby defined as an eye-level, front-view, three-dimensional perspective drawing or sketch, made to approximate scale, of the structure and driveway as it will be situated on the site, with such landscaping as the applicant intends to provide.
[Added 9-12-2006 by L.L. No. 4-2006]
(12) 
Detailed construction plans of proposed retaining walls, steps, ramps, paving and drainage structures.
(13) 
Expected storm drainage loads.
(14) 
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.
(15) 
Location and dimensions of all proposed water supply, sanitary sewerage, storm drainage, and other utility lines and equipment, including connections to existing facilities.
(16) 
Detailed landscaping plan, including type, size and location of all materials used and plans for buffer screening and fencing.
(17) 
Proposed location, type, design, size, color, and illumination of all signs.
(18) 
Proposed type, design, mounting height, location, direction, power and timing of all outdoor lighting.
(19) 
Conditions specified by the Board of Appeals or Planning Board in the approval of any variance or special permit related to the subject property.
(20) 
A stormwater pollution prevention plan consistent with the requirements of Chapter 181, Stormwater Management, Article I, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 181, Article I. The approved site plan shall be consistent with the provisions of Chapter 181, Article I.
[Added 5-13-2008 by L.L. No. 1-2008]
C. 
Environmental review. Where required by the New York State Environmental Quality Review Act (SEQR), additional information concerning the environmental impact of the proposed development may be required as a part of the site plan application.
D. 
Review by other agencies.
(1) 
The Planning Board shall submit copies of the site plan application to the Building Inspector, Code Inspector and Village Engineer and to other Village agencies or officials as it deems appropriate, all of whom shall inspect the premises and report their findings to the Board in writing within 45 days of the date of forwarding. The Planning Board also shall submit copies of the application to each county, state, or federal agency with jurisdiction over the application for information, review and comment.
[Amended 9-12-2006 by L.L. No. 4-2006; 7-11-2017 by L.L. No. 2-2017]
(a) 
Hillcrest-Moleston, Monsey or Tallman Fire Departments.
(b) 
Rockland County Drainage Agency.
(c) 
New York State Department of Transportation.
(2) 
The Planning Board shall refer to the Rockland County Planning Board for its recommendation all matters within the provisions of Article 12-B, §§ 239-l and 239-m, of the General Municipal Law, which includes real property lying within 500 feet from the boundary of any city, Village, or town, or from the boundary of any existing or proposed county or state parkway, thruway, expressway, road, highway or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines, or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated, and any special permit or variance affecting such use or property within a distance of 500 feet. The Rockland County Planning Board shall render its decision within 30 days of referral or within an extended period if agreed upon. If the Rockland County Planning Board fails to report within such period of 30 days or such longer period as has been agreed upon by it and the Planning Board, the Planning Board may act without such report. If the Rockland County Planning Board disapproves the proposal, or recommends modifications thereof, the Planning Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action. Within 30 days after final action by the Planning Board, a report shall be filed of the final action it has taken with the County Planning Board which had made the recommendations, modifications or disapproval.
[Amended 12-2-2014 by L.L. No. 5-2014]
E. 
Staged development. Where the staging of a development over a period exceeding one year is contemplated, the site plan shall show only those stages for which construction will begin within 18 months of the date of final approval by the Planning Board. A plan showing the plan for the ultimate development of the property shall also be submitted.
F. 
Public hearing. When, in the opinion of the Planning Board, it is deemed necessary or advisable, a public hearing may be held on said application. Any hearing shall be held within 62 days of the date of receipt of a complete application. Public notice and notice to owners of property within the area shall be the same as that required for zoning amendments changing the district classification of land, as set forth in § 230-78 of this chapter.
[Amended 9-13-1993 by L.L. No. 2-1993]
G. 
Planning Board decision. The Planning Board shall approve, approve with modifications, or disapprove the site plan within 62 days after the public hearing, if one is held, or within 62 days of the date of receipt of a properly completed application, if a public hearing is not held. Planning Board approval, approval with modifications or disapproval shall be in written form and shall include specific findings with respect to the standards as contained in § 230-45 of this chapter. Failure on the part of the Planning Board to act within the above-specified time shall be deemed to constitute approval of the respective plan, unless the time limit is extended by mutual agreement of the applicant and the Planning Board. The decision of the Planning Board shall be filed in the office of the Village Clerk, and a copy thereof shall be mailed to the applicant.
[Amended 9-13-1993 by L.L. No. 2-1993]
H. 
Special permit applications. Where special permit approval is required for the proposed use under Articles V and VI of this chapter, insofar as practicable, the special use permit and site plan approval procedures shall run concurrently.
I. 
Dismissal of inactive applications. Whenever an application for approval of a site plan shall have been adjourned for at least 12 successive months at the request of the applicant, the Planning Board may adopt a resolution dismissing the application if it has concluded that the applicant is not pursuing the application in a timely manner. Before the adoption of a resolution dismissing the application, the Planning Board must give written notice of at least three weeks to the applicant indicating its intent to consider such a resolution.
[Added 5-7-2013 by L.L. No. 4-2013]
The Building Inspector may issue a certificate of occupancy after all requirements of site plan approval have been completed or after the applicant has provided surety covering all uncompleted requirements in such amount as shall be set by the Planning Board and in such form as meets the approval of the Village Attorney. All site plan requirements for which surety is posted shall be for a term to be determined by the Planning Board to guarantee their proper installation and maintenance. 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.
Where, due to special conditions peculiar to a site, or to the size, nature or complexity of the proposed use or development of land or buildings, the Planning Board finds that additional data is necessary for the proper review of the site plan, the Board may require any or all of such data to be included in the required submission of said plan.
A. 
Upon compliance of any development or redevelopment pursuant to an approved final site plan, and prior to the issuance of a certificate of occupancy, the applicant shall submit to the Building Inspector an as-built plan prepared and certified by a licensed engineer or surveyor showing the location of all site improvements as constructed. Such plan shall be based on a field survey.
B. 
Said as-built plan shall be reviewed by the Building Inspector to determine if it is in compliance with this chapter, the approved final site plan and related requirements of the Planning Board, and any special permit or variance. Where the Building Inspector determines that the as-built plan is not in compliance, he shall not issue a certificate of occupancy unless either the construction is corrected or a revised site plan is submitted to and approved by the Planning Board.
A. 
During construction, the Building Inspector 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 in light of technical or engineering considerations, the existence or materiality of which was first discovered during actual construction. Such minor adjustments shall be consistent with the spirit and intent of the approved site plan.
B. 
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 initial applications.
Approval of any final site plan shall expire unless a building permit or certificate of occupancy is applied for within a period of 18 months from the date of the signing of the final site plan by the Planning Board, except where the staging of development over a longer period has been specifically provided for at the time of site plan approval. The Planning Board may extend the site plan approval for not more than two six-month periods.
A. 
Fees for site plan approval are listed in the fee schedule as adopted by the Board of Trustees.
B. 
If a site plan or any portion thereof is revised to the extent that it warrants Planning Board reconsideration, a new application fee shall be required. The amount of such fee shall be determined by the Planning Board based upon the nature and extent of the changes proposed, but shall not exceed the original application fee.
A. 
Landscaping and buffering. 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.
B. 
Landscaping in parking areas.
(1) 
Minimum requirement. In off-street parking areas containing more than 25 parking spaces, at least 10% of the internal portion of the parking area shall be landscaped with trees, shrubs and other plant materials, to assure the establishment of a safe, convenient and attractive parking facility. However, notwithstanding the foregoing provision, in shopping centers, the Planning Board shall have the authority to reduce such landscaping requirement to not less than 7% of the internal portion of the parking area if the Planning Board makes both of the following two findings: that an existing parking area not meeting such requirement is being upgraded, and that the perimeter of the parking area shall be landscaped sufficiently to justify such reduction. At least one street tree, as described in Subsection B(3)(b) below, shall be provided within such parking area for each 10 parking spaces.
[Amended 3-12-1991 by L.L. No. 1-1991]
(2) 
Planting islands. Wherever possible, planting islands at least six feet in width and protected by curbing shall be provided to guide vehicle movement and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles, and to provide relief from the visual monotony and shadeless expanse of a large parking area. Curbs of such islands shall be designed so as to facilitate surface drainage and prevent vehicles from overhanging sidewalks and damaging landscaping material.
(3) 
Plant material. Where landscape materials are used to define traffic movement, the following guidelines shall be used:
(a) 
Plant materials shall consist of an attractive combination of evergreen or broadleaf plants, indigenous to the area, as approved by the Planning Board.
(b) 
Street trees shall be thornless honey locust or other variety approved by the Planning Board and shall be at least three-inch to three-and-one-half-inch caliper, spaced approximately 25 feet on center, and have branching beginning at a height no less than eight feet above ground level. Trees with low-growing branches, gum or moisture, seeds or pods shall be avoided.
(c) 
Plants, except for high-branching trees, shall be selected to achieve not more than three-foot mature height.
C. 
Buffer areas.
(1) 
Size and location. The approval of any use in the NS District, or any nonresidential use in any residence district, shall include provisions for a buffer screening area at least 25 feet in width along any lot line abutting, or, if determined necessary by the Planning Board, directly across the street from, any lot in a residence district. This requirement may be waived by the Planning Board in situations where it determines that large distances, topographic features, vegetation, or fences, or a combination thereof, satisfy the same purpose.
[Amended 9-6-2011 by L.L. No. 2-2011]
(2) 
Plant material. Where landscape materials are used for buffer screening purposes, the following guidelines shall be used:
(a) 
When sufficient space is available, a dense screen of evergreen plant materials shall be used. Materials may include white pine, spruce, hemlock or arborvitae.
(b) 
Plant materials shall be six feet to eight feet in height when planted and shall be spaced to form an opaque screen either in a single row or in multiple rows with alternate spacing, as may be determined appropriate and required by the Planning Board.
(c) 
Where limited space is available and where approved by the Planning Board, stockade or other approved fence may be used in conjunction with climbing or espaliered plant materials.
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.
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.
(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.
(10) 
The lighting intensities listed below shall be used as a general design guide. The Planning Board may vary these criteria where the Board finds such a variation is appropriate and where such variations will not be a disturbance to neighbors.
(a) 
Shopper parking: an average of 1.0 footcandle;
(b) 
Long-term parking: an average of 0.75 footcandle;
(c) 
Intersections: 2.0 footcandles;
(d) 
Maximum at property lines: 0.6 footcandle;
(e) 
In residential areas: average of 0.6 footcandle.
(11) 
Lighting for signs shall comply with the requirements of § 230-59 of this chapter.