[Amended 11-8-2011 by L.L. No. 5-2011]
[Amended 11-8-2011 by L.L. No. 5-2011]
The purpose of site plan approval is to determine compliance
with the objectives of this chapter in those zoning districts where
inappropriate development may cause a conflict between uses in the
same or adjoining zoning district by creating unhealthful or unsafe
conditions and thereby adversely affect the public health, safety
and general welfare.
[Added 11-8-2011 by L.L. No. 5-2011; amended 12-8-2011 by L.L. No. 8-2011]
Prior to issuing a building permit for the construction of a
building, or for the alteration of a building if the footprint of
the building or the alteration of the building exceeds 720 square
feet, and prior to the issuance of a certificate of occupancy for
a change of use or occupancy of land or a building, the Code Enforcement
Officer shall refer the site plans of the lot to the Zoning Board
of Appeals for its review and approval. Site preparation or the commencement
of construction prior to the termination of proceedings under this
article is prohibited. The construction or alteration of a one or
two-family dwelling and their accessory structures is hereby exempted
from this article; and, except for a one- or two-family dwelling and
their accessory structures, no building permit or certification of
occupancy shall be issued except in compliance with the standards
and procedures set forth in this article. In addition, if the project
value is $20,000 or more, then the site plan information and dwelling
designs shall be prepared by a licensed architect or engineer.
[Amended 11-8-2011 by L.L. No. 5-2011]
The power to approve, approve with conditions or deny site plan,
as required by this article, is vested in the Zoning Board of Appeals.
[Amended 8-5-2008 by L.L. No. 4-2008; 11-8-2011 by L.L. No.
5-2011]
A.
Preliminary application. Application for preliminary site plan approval
shall be made in writing to the Code Enforcement Officer who shall
refer the application, when complete in all respects, to the Zoning
Board of Appeals for its review and approval. All applications shall
be accompanied by the following information:
(1)
An economic analysis of the project indicating when applicable, but
not limited to the following: costs, rentals, taxes, market area and
utilities.
(2)
Five copies of an area map showing applicant's entire holding, that
portion of the applicant's property under consideration and all properties,
their ownership, uses thereon, subdivisions, streets, zoning districts,
easements and adjacent buildings within 500 feet of applicant's property.
(3)
If grades exceed 3%, or portions of the site have a moderate to high
susceptibility to erosion, or a moderate to high susceptibility to
flooding and ponding, a topographic map showing contour intervals
of not more than five feet of elevation shall be provided with an
overlay outlining the above susceptible areas, if any.
(4)
A preliminary site plan to include the following information:
(a)
Title of the drawing, including the name and address of the
applicant.
(b)
North point, scale and date.
(c)
Boundaries of the project, plotted to scale.
(d)
Existing watercourses.
(e)
Location of proposed land uses and their area in acres and location,
proposed use and height of all buildings.
(f)
Location of all existing or proposed site improvements including
streets, drains, culverts, retaining walls, fences and easements,
whether public or private.
(g)
Location of all parking and truck loading areas, with access
and egress drives thereto.
(h)
Description of sewage disposal and water systems and the location
of such facilities.
(i)
Location, design and size of all signs and lighting facilities.
(j)
Location and proposed development of buffer areas and other
landscaping.
(k)
Existing vegetation.
(l)
Existing and proposed contours at intervals of not more than
five feet of elevation.
(m)
Delineation of the various residential areas, if applicable,
indicating for each such area its general extent, size and composition
in terms of the total number of dwelling unit types, a general description
of the intended market structure and a calculation of the residential
density in dwelling units per gross acre for each such area.
(n)
When applicable, a general description of the provision of other
community facilities, such as schools, fire protection services and
cultural facilities, if any, and some indication of how these needs
are proposed to be accommodated.
(o)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 215, Stormwater Management, of the Hilton Code, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Articles I and III of Chapter 215, Stormwater Management.
(5)
In addition, the following documentation shall accompany the preliminary
site plan:
(a)
Evidence of how the developer's particular proposal or mix of
land uses meets existing community needs.
(b)
Evidence that the proposal is compatible with the goals of the
Comprehensive Plan.
(c)
If the development is to be staged, a general indication of
how the staging is to proceed.
(d)
Whether or not the development is to be staged, the preliminary
plan shall show the intended total project.
(e)
Any project that requires more than 24 months to complete shall
be staged.
(6)
The Zoning Board of Appeals may require such additional information
that appears necessary for a complete assessment of the project.
B.
Preliminary approval.
(1)
Within 90 days of the receipt of a certified complete preliminary
site plan application from the Code Enforcement Officer, the Zoning
Board of Appeals shall act on it. If no decision is made within said
ninety-day period, the preliminary site plan shall be considered conditionally
approved. If the Zoning Board of Appeals acts before the ninety-day
period, it shall be in the form of a written statement to the applicant
stating whether or not the preliminary site plan is conditionally
approved. A copy of the appropriate minutes of the Zoning Board of
Appeals shall be a sufficient report.
(2)
The Zoning Board of Appeals review of a preliminary site plan shall
include, but is not limited to the following considerations:
(a)
Adequacy and arrangement of vehicular traffic access and circulation.
(b)
Adequacy and arrangement of pedestrian traffic access and circulation.
(c)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(d)
Location, arrangement, size and design of buildings, lighting
and signs.
(e)
Relationship of the various uses to one another and their scale.
(f)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between adjacent
uses and adjoining lands.
(g)
Adequacy of stormwater and sanitary waste disposal.
(h)
Adequate of structures, roadways and landscaping in areas with
moderate to high susceptibility to flooding and ponding and/or erosion.
(3)
The Zoning Board of Appeals statement may include recommendations
as to desirable revisions to be incorporated in the final site plan,
of which conformance with shall be considered a condition of approval.
If the preliminary site plan is disapproved, the Zoning Board of Appeals'
statement shall contain the reasons for such findings. In such a case,
the Zoning Board of Appeals may recommend further study of the site
plan and resubmission of the preliminary site plan to the Zoning Board
of Appeals after it has been revised or redesigned. No modification
of existing stream channels, filling of lands with a moderate to high
susceptibility to flooding, grading or removal of vegetation in areas
with moderate to high susceptibility to erosion, or excavation for
and construction of site improvements, shall begin until the developer
has received preliminary site plan approval. Failure to comply shall
be construed as a violation of this Zoning Law and, where necessary,
final site plan approval may require the modification or removal of
unapproved site improvements.
[Added 6-6-1994 by L.L. No. 1-1994; amended 11-8-2011 by L.L. No.
5-2011]
A.
Final application. After receiving conditional approval from the
Zoning Board of Appeals on a preliminary site plan, and approval for
all necessary permits and curb cuts from state and county officials,
the applicant may prepare his final site plan (five copies) and apply
in writing to the Code Enforcement Officer, who shall refer the application,
when complete in all respects, to the Zoning Board of Appeals for
its review and approval. However, if more than six months has elapsed
between the time of the Zoning Board of Appeals report on the preliminary
site plan and if the Zoning Board of Appeals finds that conditions
have changed significantly in the interim, the Zoning Board of Appeals
may require a resubmission of the preliminary site plan for further
review and possible revision prior to accepting the proposed final
site plan for review. The final site plan shall conform to the approved
preliminary site plan and shall incorporate any revisions or other
features that may have been recommended by the Zoning Board of Appeals
at the preliminary review. All compliances shall be clearly indicated
by the applicant.
B.
Final approval. Within 62 days of receipt of the certified complete
final plan application from the Code Enforcement Officer, the Zoning
Board of Appeals shall render a decision to the Code Enforcement Officer.
If no decision is made within the sixty-two-day period, the final
site plan shall be considered approved. The time within which the
Zoning Board of Appeals must render its decision may be extended by
mutual consent of the applicant and such Board. Notice of such proposed
action shall be referred to the County Planning Board in accordance
with Village Law § 7-725-a. The Zoning Board of Appeals
shall comply with the provisions of the State Environmental Quality
Review Act under Article 8 of the Environmental Conservation Law and
its implementing regulations.[1]
(1)
Upon approval, the Zoning Board of Appeals shall endorse its approval
on a copy of the final site plan and shall forward it to the Code
Enforcement Officer, who shall then issue a building permit if the
project conforms to all other applicable requirements.
(2)
Upon disapproval, the Zoning Board of Appeals shall so inform the
Code Enforcement Officer, and he shall deny a building permit. The
Zoning Board of Appeals shall also notify the applicant, in writing,
of its decision and its reasons for disapproval. A copy of the appropriate
minutes may suffice for this notice.
(3)
Requirement for improvements shown on the site plan shall be those
set forth in this chapter and in other local laws, ordinances, rules
and regulations or in construction specifications of the municipality.
C.
Site plan termination. Final site plan approval shall be valid for
a period of 60 months from the date thereof for the purpose of obtaining
building permits. Failure to secure, without subsequent revocation
or termination, a building permit during this period, or revocation
or termination of a building permit subsequent to this period, shall
cause the site plan approval to become null and void. Upon application,
the Zoning Board of Appeals may extend this period not more than 84
months from the date of final site plan approval. Nothing herein shall
prohibit a new application for site plan approval following such termination
in accordance with the requirements of this chapter.
A.
Adequate stormwater drainage shall be provided and shall be based
on a ten-year rainfall frequency for interior drainage design. A project
shall be in or part of a drainage district.
B.
The storage or accumulation of refuse shall be subject to Village
approval.
C.
Any project with only one access road shall have an alternate clear
access way available for the use of emergency vehicles.
D.
All projects shall be suitably landscaped; including the provision
of vegetation of suitable species and at appropriate levels of maturity
in order to screen effectively dissimilar uses from one another, both
visually and acoustically, and to protect and enhance the overall
quality of the environment. A landscaping plan shall be prepared by
a licensed landscape architect and shall show his seal and signature.
E.
All projects shall have landscaping equal to a minimum expenditure
of 1% of the total project cost. Landscaping shall be considered as
any living plant but shall not include excavating, earthmoving, fill,
grading or paving associated with normal requirements of building.
F.
The following special provisions apply only to multifamily developments:
(1)
Every development shall have within it suitable open space available
for the use of the residents. 400 square feet of such open space per
resident family is an adequate reservation. Development of this open
space for passive and/or active recreational uses shall be provided
in a manner suitable to the prospective occupants of the development.
Area devoted to swimming pools and other such formal recreation areas
shall be considered in meeting this requirement. Yard areas may also
be so considered as long as access to them is not prohibited by fencing
or other means, but parking areas shall not be included in such assessment.
(2)
All living units shall have a storage area in the same building,
but not in the apartment, of at least 7% of the living unit, and the
smallest dimension shall not be less than four feet.
(3)
Buildings shall be located so that the privacy of individual units
is protected, so that their arrangement creates usable open space,
avoids monotonous, undifferentiated silhouettes, and produces a satisfactory
microclimate.
(4)
Sidewalks shall be provided and be integrally designed so as to provide
safe and convenient access between buildings and between buildings
and internal recreation, parking and service areas.
(5)
A school bus loading area shall be provided that meets necessary
safety standards and locational needs.
G.
All exterior
lighting shall comply with the Recommended Practices (RP-33) Lighting
for Exterior Environments, and (RP-20) Parking Lots, of the Illuminating
Engineering Society of North America, as may be amended or modified
from time to time.
[Added 6-2-2015 by L.L.
No. 2-2015]
Before a site plan is approved, the proposed site plan shall be considered by the Zoning Board of Appeals at a public hearing. Notice of said hearing shall be given as provided in § 275-64.
[Amended 11-8-2011 by L.L. No. 5-2011]
The applicant, or any interested person, may appeal a decision of the Zoning Board of Appeals to the Courts as provided by the laws of the State of New York. Reference is made to § 275-62.
