Any person, before undertaking any new land use activity at any location within the Village for which this chapter requires site plan, shall submit a site plan together with the appropriate supporting data to the Planning Board for review and approval in accordance with the standards and procedures set forth in this chapter.
The applicant is strongly encouraged to meet with the Planning Board prior to submission of a site plan application. This informal meeting is suggested to prevent unnecessary expenses to the applicant. At the conference, the applicant shall provide either a verbal or written statement and rough sketch describing what is proposed together with a U.S.G.S. topographic map showing the location of the building site and its relationship to the surrounding area. The Board will review the sketch plan and list all necessary information needed by the applicant to complete the site plan approval.
Each application for site plan approval shall be submitted to the Village Clerk 10 days prior to the Planning Board's regular scheduled meeting. The Village Clerk shall immediately notify the Planning Board that such application has been filed and the date thereof. Application shall include the application, signed by the current owner or representative thereof; seven copies of the site plan with the information outlined in Article IV, § 134-11; an environmental assessment form, as required by the State Environmental Review Act, and the appropriate fee.
All site plans shall be prepared by a registered architect, landscape architect, licensed land surveyor or professional engineer duly licensed by the State of New York, unless this requirement is waived by the Planning Board because of the simplicity of the proposal. Site plans shall be prepared at a scale of one inch equals 20 feet or less, on standard 24 inches by 36 inches sheets, with continuation on 8 1/2 inches by 11 inches sheets as necessary for written information.
Items required for submission include:
Title of site plan, boundaries, location maps showing site's location in the Village, date, North arrow and scale of the plan.
Name and address of the owner of record, developer, and seal of the engineer, architect, surveyor or landscape architect.
Name and address of all owners of record of abutting parcels and those within 500 feet of the property line.
All existing lot lines, easements and rights-of-way. Include areas in acres or square feet, abutting land uses, and the location and size of structures within 500 feet of the site.
The location of existing and proposed personal wireless telecommunication facilities structures (plan and elevation of facility) and improvements, including roads, buildings, tower, guy wire anchors, parking and landscaping, and will include grading plans for new facilities and roads.
The applicant shall submit documentation on the intent and capacity of use as well as justification for the height of any tower or antenna and justification for any clearing required.
Structural engineering report. A report prepared by a New York State licensed professional engineer specializing in structural engineering as to the structural integrity of the personal wireless service facility. In the case of a tower or monopole, the structural engineering report shall describe the structure's height and design including a cross section of the structure, demonstrates the structure's compliance with applicable structural standards and describes the structure's capacity, including the number of antennas it can accommodate and the precise point at which the antenna shall be mounted. In the case of an antenna mounted on an existing structure, the structural engineering report shall indicate the ability of the existing structure to accept the antenna, the proposed method of affixing the antenna to the structure, and the precise point at which the antenna shall be mounted.
Engineering analysis of radio emissions. An engineering analysis of radio emissions and a propagation map for the proposed personal wireless service facilities is required. The analysis shall be prepared and signed by a New York State licensed professional engineer specializing in electrical engineering with expertise in radio communication facilities. The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility are within the allowable limits established by the FCC which are in effect at the time of the application. If the proposed personal wireless service facilities would be co-located with an existing facility, the cumulative effects of the facilities must also be analyzed. The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy at a power level equal to the maximum antenna power rating specified by the antenna manufacturer.
Map of proposed coverage and existing facilities. A map showing the area of coverage of the proposed facility and listing all personal wireless service facilities in the Village and bordering municipalities containing personal wireless service facilities used by the applicant, and a detailed report indicating why the proposed personal wireless service facilities is required to provide service to locations which the applicant is not able to serve with existing facilities which are located within and outside the Village by co-location and otherwise.
Shared use of existing towers. At all times shared use of existing towers shall be preferred to the construction of new towers. An applicant shall be required to present an adequate report, including an inventory of existing structures within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed tower.
An environmental assessment form (either short or long form, depending upon the nature of the proposal) shall be submitted with the site plan to insure compliance with the New York State Environmental Quality Review Act (6 NYCRR 617), to identify the potential environmental, social and economic impacts of the project.
Agriculture data statement. The applicant must submit an agriculture data statement (ADS) if the proposed project occurs on property within an agricultural district containing a farm operation or on property with boundaries within 500 feet of a farm operation located within an agricultural district.
The Planning Board may elect to conduct a less intensive review. The Planning Board must state its grounds for waiving certain submission requirements, in writing, and file such statement along with the site plan application and supporting documents.
The Planning Board shall, within 30 days of a site plan application being filed, begin the review process. If the application is inadequate or lacking information as outlined in Article IV, §§ 134-10 and 134-11, then the Planning Board may, in writing, request further information from the applicant. The time period in which the Planning Board must make a recommendation may be extended by written consent of the applicant and the Planning Board.
The site plan and associated maps shall include all proposed phases of development. Site plan approval shall be based on the total planned project in order to facilitate the assessment of all potential development impacts. The Planning Board shall consider applications incomplete where there is a reason to believe the application applies only to a segment of the total planned development. In such situations, the Board shall return such application to the applicant together with a letter stating the basis for its determination.
Coordinated review. The Planning Board may refer the site plan for review and comment to local and county officials or their designated consultants, and to representatives of federal, state and county agencies, including, but not limited to, the Natural Resources Conservation Service, the New York State Department of Transportation, the State Department of Environmental Conservation, and the state or county Department of Health, whichever has jurisdiction.
Whenever any site plan involves real property in an area described in § 239-m of the General Municipal Law, said site plan shall be referred to the Montgomery County Planning Board for their review and approval pursuant to § 239-m of the General Municipal Law.
The concurring vote of a majority plus one of the Village Planning Board shall be necessary to override County Planning Board recommendations of approval with modifications or disapproval. In the event that the County Planning Board recommends modifications or disapproval of a referred matter and the Village Planning Board acts to the contrary, the Village Planning Board shall file a report of its action with the County Planning Board within 30 days after final action. The report shall set forth the reasons for the contrary action.
After the site plan has been accepted as complete, the applicant shall demonstrate compliance for any actions subject to SEQR prior to site plan approval. The Planning Board shall classify the application according to the New York State Environmental Quality Review Act, and review the environmental assessment form and decide:
If additional information is needed to render a determination of significance. The Planning Board will specify exactly what the applicant needs to supply; or
If the information is provided and the project is identified as having small to moderate impacts with little significance, then a negative declaration can be given; or
If an action has been identified as having a large and significant impact, then a positive declaration shall be determined and a full EIS will be provided.
The Planning Board may, at its discretion, hold a public hearing on the application. Said hearing shall be held within 62 days of receipt of the accepted site plan application. The Planning Board shall mail notice of the public hearing to the applicant at least 10 days before the public hearing and shall give public notice of said hearing in a newspaper of general circulation in the Village at least five days prior to the date of the hearing; if the application requires a public hearing, to the County Planning Board 10 days prior to said public hearing.
The time limitations of this section shall not apply until the conclusion of the SEQR process as discussed in § 134-16. The Board shall make a decision on the application within 62 days after the public hearing. If no public hearing is held, a decision on the application shall be made within 62 days of the receipt of a complete site plan application. The time within which the Board must render a decision may be extended by mutual consent of the applicant and the Board. The Board shall render its decision to either approve, approve with modifications, or disapprove the site plan. The decision of the Board shall be filed in the office of the Village Clerk immediately and a copy mailed to the applicant.
Approval. Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the Village, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file the site plan and a written statement of approval with the Village Clerk. A copy of the written statement of approval shall also be sent to the Code Enforcement Officer.
Approval with modifications. The Planning Board may approve the site plan and require that specific modification be made. A copy of the written statement of approval containing the modifications required by the Planning Board shall be mailed to the applicant by certified mail. Upon approval, and after payment by the applicant of all fees and reimbursable costs due to the Village, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file the site plan and a written statement of approval with modifications with the Village Clerk. A copy of the written statement of approval with modifications shall also be sent to the Code Enforcement Officer.
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed with the Village Clerk and a copy thereof mailed to the applicant by certified mail along with a letter stating the Planning Board's reasons for disapproval. A copy of the written statement of disapproval shall also be sent to the Code Enforcement Officer.
The time period which the Planning Board must render its decision on the site plan may be extended by mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within the time specified or agreed upon between the applicant and the Planning Board shall constitute Planning Board approval of the site plan as submitted or last amended.