[HISTORY: Adopted by the Board of Trustees of the Village
of Baxter Estates 4-3-2014 by L.L. No. 1-2014; amended in its entirety 10-5-2017 by L.L. No. 4-2017. Subsequent amendments noted where applicable.]
A.
Approval of an original or amended site development plan (referred
to hereinafter as "site plan") by the Board of Jurisdiction shall
be required for each of the following proposed projects, uses or activities
on any parcel of real estate within the Village, in any zoning district:
(1)
The erection of any building.
(2)
The demolition of any building or structure, except in instances
where such demolition is undertaken in order to comply with an order
or direction from the Superintendent of Buildings or any authorized
Village enforcement officer or agency for the purpose of remedying
conditions determined to be unsafe or dangerous to the life, health,
safety or property of any person.
[Amended 3-7-2019 by L.L.
No. 1-2019]
(3)
All uses of vacant land.
(4)
Any change in use or intensity of use which will affect the characteristics
of the site in terms of parking, loading, access, drainage, utilities
or other Village services, to the extent that the Board of Trustees
determines, by resolution duly adopted, that all relevant facts and
circumstances warrant site plan review.
(5)
The enlargement of any building, other than a one-family or a two-family
residence.
(6)
The enlargement or other alteration of a one-family or a two-family
residence that results in new building area in excess of 50% of the
original building area or total new building area in excess of 1,000
square feet more than the original building area. For purposes of
this subsection, the term "original" shall mean the size of the residence
on the later of the date when the construction of the residence was
first completed or the date five years before the instant application,
and the term "new" shall include all enlargements since the later
of the date when the construction of the residence was first completed
or the date five years before the instant application.
(8)
All
structures or uses that abut a residential district and that are required
to provide more than 15 parking spaces.
[Added 11-2-2022 by L.L. No. 3-2022]
B.
Board of Jurisdiction. The Board of Jurisdiction, for purposes of
this chapter, shall mean:
(1)
Subject to Subsection B(3) below, the Village Planning Board, with respect to any parcel located entirely within the Residence A zoning district of the Village;
(3)
Notwithstanding the foregoing, to the extent that any of the projects, uses or activities described in Subsection A of this § 147-1 occur within or upon any historic district or historic site, as those terms are defined for purposes of Chapter 118, Historic Preservation, of the Village Code, then the Landmarks Preservation Commission shall be the Board of Jurisdiction with jurisdiction to consider applications for and grant, grant with conditions or deny any and all approvals required under this § 147-1 with respect to any such project, use or activity.
Any amendment of a previously approved site plan shall be subject
to approval by the Board of Jurisdiction, pursuant to the same procedure
as that applicable to an original site plan.
[Amended 3-7-2019 by L.L.
No. 1-2019]
No building permit or demolition permit may be issued for any
building or structure within the purview of this section until approval
of a site plan has been secured by the applicant from the Board of
Jurisdiction and presented to the Superintendent of Buildings. No
certificate of occupancy may be issued for any building or use of
land within the purview of this section unless the building is constructed
or used or the land is developed or used in conformity with an approved
site plan.
In considering and reviewing site plans, the Board of Jurisdiction
shall take into consideration the public health, safety and welfare,
the comfort and convenience of the public in general and of the residents
of the proposed development and of the immediate neighborhood in particular,
and may prescribe such appropriate conditions and safeguards as may
be required in order that the result of its action shall, to the maximum
extent possible, further the expressed intent of this chapter and
the accomplishment of the following objectives in particular:
A.
That all proposed traffic accessways are adequate but not excessive
in number; adequate in width, grade, alignment and visibility; not
located too near street corners or other places of public assembly;
and adequate with respect to other similar safety considerations.
B.
That adequate off-street parking and loading spaces are provided
to prevent parking in public streets of vehicles of any person connected
with or visiting the site, and that the interior circulation system
is adequate to provide safe accessibility to all required off-street
parking spaces or lots, loading bays and building services.
C.
That all playground, parking and service areas are reasonably landscaped
and screened at all seasons of the year from the view of any adjacent
residential lots and streets and that the general landscaping of the
site enhances the character of the Village and is in character with
that generally prevailing in the neighborhood.
D.
That all existing trees having a trunk 10 inches or greater in diameter,
measured five feet above the base of the trunk, are retained to the
maximum extent possible, and that all other important natural features
are properly protected.
E.
That all plazas and other paved areas intended for use by pedestrians
are constructed with decorative pavements and use plant materials
so as to prevent the creation of vast expanses of pavement.
F.
That all outdoor lighting is of such nature and so arranged as to
preclude the diffusion of glare onto adjoining properties and streets.
G.
That the site plan conforms with such portions of the Comprehensive
Plan of the Village as may be in existence.
H.
That the existing and proposed drainage system will afford an effective
solution to any drainage problems.
A.
Applications for site plan approval shall be made on forms adopted
by the Board of Jurisdiction for that purpose. An original and seven
copies of the application, together with eight copies of the proposed
site plan and eight copies of the survey which serves as the basis
for the site plan, shall be filed with the Village Clerk.
B.
The Chairman of the Board of Jurisdiction shall schedule the Board's
consideration of the applications for site plan review in such a manner
as will permit an orderly and expeditious disposition of these applications
with due regard to the Board's other duties and responsibilities.
Prior to formal consideration of the application by the Board, the
Chairman may direct or the applicant may request that a preliminary
conference be held wherein the applicant shall meet in person with
the Board or such representatives of it as are designated by the Chairman
to discuss the site plan submitted so that the necessary subsequent
steps may be undertaken with a clear understanding of the Board's
requirements in matters relating to the development of the site and
recommendations with respect to the plan submitted.
C.
The Superintendent of Buildings shall certify on each site plan whether
or not such plan meets the requirements of all Village Zoning Code
provisions.
[Amended 3-7-2019 by L.L.
No. 1-2019]
D.
Disapproval or conditional approval by the Board of Jurisdiction
shall include written findings upon any site plan element found contrary
to the provisions or intent of this chapter. In reviewing the application,
the Board of Jurisdiction may hold a public hearing and may secure
the advice or assistance of one or more expert consultants qualified
to advise as to whether a proposed development or use will conform
to the requirements of this chapter.
E.
Following approval of the site plan by the Board of Jurisdiction, the applicant shall file with the Village Clerk a performance bond to cover the full cost of any required public improvements, in an amount set by the Board of Jurisdiction. Such bond shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety. A period of one year or such other period as the Board of Jurisdiction may deem appropriate, not to exceed three years, within which required public improvements must be completed shall be set forth in the bond. If the bond is not filed within 45 days of the approval granted in Subsection D above, the site plan shall be deemed disapproved.
Approval of a site plan by the Board of Jurisdiction shall be
valid for a period of six months from the date thereof for the purpose
of obtaining a building permit. If substantial construction is commenced
within the six-month period and diligently prosecuted thereafter,
such approval shall be valid until the completion of all proposed
improvements on the site or for a period of not more than two additional
years.
The applicant shall cause a Site Plan Map to be prepared by
an architect, landscape architect, civil engineer, surveyor, or land
planner, in each case duly licensed as such in the State of New York,
at a scale of not less than one inch equals 30 feet and not more than
one inch equals 10 feet. The site plan shall include the elements
listed below unless one or more thereof are waived by the Board of
Jurisdiction or the Board of Jurisdiction's representative at a preliminary
conference.
A.
Legal data:
(1)
Name and address of the owner of record.
(2)
Name and address of person, firm, organization preparing the map.
(3)
Date, North point and written and graphic scale.
(4)
Sufficient description or information to define precisely the boundaries
of the property. All distances shall be in feet and tenths of a foot.
All angles shall be given to the nearest 10 seconds or closer. The
error of closure shall not exceed one in 10,000.
(5)
The lot lines and owners of all adjoining lands as shown on the latest
tax records.
(6)
The locations, names and existing widths of adjacent streets and
curblines.
(7)
The locations, widths and purposes of all existing and proposed easements,
setbacks, reservations and areas dedicated to public use within or
adjacent to the property.
(8)
A complete outline of existing deed restrictions or covenants applying
to the property.
(9)
Existing zoning.
B.
Natural features:
(1)
Existing contours with intervals of five feet or less, referred to
a datum satisfactory to the Planning Board.
(2)
Approximate boundaries of any areas subject to flooding or stormwater
overflows.
(3)
Location of existing watercourses, marshes, wooded areas, rocky outcrops,
isolated trees with a trunk diameter of at least ten inches, measured
five feet above the base of the trunk, and other significant existing
natural features.
C.
Existing structures and utilities:
(1)
Outlines of all structures and locations of all uses not requiring
structures.
(2)
Paved areas, sidewalks and vehicular access between the site and
public streets.
(3)
Locations, dimensions, grades and flow direction of any existing
sewers, culverts and waterlines, as well as other underground and
aboveground utilities within and adjacent to the property.
(4)
Other existing development, including fences, landscaping and screening.
D.
Proposed development:
(1)
The location of proposed buildings or structural improvements.
(2)
The location and design of all uses not requiring structures, such
as off-street parking and loading areas and any common spaces and/or
recreation areas.
(3)
The location, direction, power and time of use for any proposed outdoor
lighting or public address systems.
(4)
The location and plans for any outdoor signs.
(5)
The location, arrangement and materials of proposed means of ingress
and egress, including sidewalks, driveways or other paved areas. Profiles
indicating grading and cross sections showing width of roadway, location
and width of sidewalks and location and size of waterlines and sewer
lines. Any proposed direct pedestrian connection to public parking
lots or structures shall also be shown.
(6)
A planting plan, prepared by a qualified landscape architect or architect,
showing any proposed screening and other landscaping.
(7)
The location of all proposed waterlines, valves and hydrants and
of all sewer lines or alternate means of water supply and sewage disposal
and treatment.
(8)
An outline of any proposed easements, deed restrictions or covenants.
(9)
Any contemplated public improvements on or adjoining the property.
(10)
Any proposed new grades, indicating clearly how such grades
will meet existing grades of adjacent properties or the street.
(11)
Elevations of all proposed principal or accessory structures.
(12)
If the site plan only indicates a first stage, a supplementary
plan indicating ultimate development.
(13)
Any other information deemed by the Planning Board to be necessary
for its determination that the site plan conforms with the spirit
and intent of this chapter.
On filing of an application under this chapter with the Village
Clerk, the applicant shall pay to the Village Clerk such fees, costs,
and deposits as shall be prescribed from time to time by the Board
of Trustees pursuant to Chapter 60 of the Village Code.
A.
The provisions of §§ 147-1 and 147-2 notwithstanding, whenever land use or development requires a permit, approval or variance from the Board of Trustees or the Board of Appeals, site plan review and approval, and amendments thereof, under the provisions of this chapter shall be the responsibility of the Board designated by resolution of the Board of Trustees in such instance as responsible for same. In rendering such designation, the Board of Trustees shall have broad discretion. In any case in which the Board of Trustees determines that the Board of Appeals shall have such responsibility, no separate application need be made to the Board of Jurisdiction for such relief. In exercising such responsibility, the Board of Trustees and Board of Appeals, if so designated, shall have all the authority vested in the Board of Jurisdiction by the provisions of this chapter, and the fee and deposit requirements of § 147-8 shall not apply.
B.
Whenever a land use project requires multiple applications to different
Village land use boards, the Board of Trustees shall, by resolution,
determine the order in which such applications shall be heard.
