[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]
(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]
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.
