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.
A.
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.
B.
Items required for submission include:
(1)
Title of site plan, boundaries, location maps showing site's
location in the Village, date, North arrow and scale of the plan.
(2)
Name and address of the owner of record, developer, and seal of the
engineer, architect, surveyor or landscape architect.
(3)
Name and address of all owners of record of abutting parcels and
those within 500 feet of the property line.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
C.
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.
D.
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.
A.
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.
B.
Required referral.
(1)
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.
(2)
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.[1]
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:
A.
If additional information is needed to render a determination of
significance. The Planning Board will specify exactly what the applicant
needs to supply; or
B.
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
C.
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.
A.
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.
B.
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.
C.
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.
