The purpose of site plan review is to implement the recommendations
of the Comprehensive Plan. Specifically, site plan review is intended
to determine compliance with the objectives of this chapter where
inappropriate development may cause a conflict between uses in the
same or adjoining zoning district by creating conditions which could
adversely affect the public health, safety or general welfare.
Prior to the issuance of a building permit, conditional use permit, variance or other discretionary approval required from the Joint Planning Board or Joint Zoning Board of Appeals for construction, alteration or change of use in any district, except for a single-family or two-family dwelling and related accessory uses, or a nonintensive agricultural operation permitted by right, but including all proposals for construction on property designated as land conservation areas under § 155-69, the Code Enforcement Officer shall require the preparation of a site plan. The Code Enforcement Officer shall refer the site plan to the Joint Planning Board for its review and approval in accordance with the standards and procedures set forth in this article.
A.
Applicants are encouraged to meet with the Code Enforcement Officer and/or the Joint Planning Board to review the basic site design concept and determine the information to be required on the preliminary site plan. The purpose of the sketch plan conference is to discuss with the applicant the project's conformity with the Livonia Comprehensive Plan, to determine whether the activity is subject to the performance standards of § 155-68 or the land conservation standards of § 155-69, and to advise the applicant of other issues or concerns. The sketch plan conference provides an opportunity to indicate whether the proposal, in its major features, is acceptable or whether it should be modified before expenditures for more detailed plans are made.
B.
Required data. Information to be included on the sketch plan is as
follows:
(1)
An area map showing the parcel under consideration for site
plan review and all parcels, structures, subdivisions, streets, driveways,
easements and permanent open space within 200 feet of the boundaries
thereof or at the discretion of the Building and Zoning Department.
(2)
A map of site topography at no more than five-foot contour intervals
or at the discretion of the Building and Zoning Department. If general
site grades exceed 5% or if portions of the site have susceptibility
to erosion, flooding or ponding, a soils overlay and topographic map
showing contour intervals of not more than two feet of elevation should
also be provided.
(3)
General identification of all existing natural features and
utilities on the site and in the area.
(4)
The location of all existing and proposed structures on the
site and designated uses for each.
(5)
Identification of existing zoning classification(s) of the property
and all adjacent properties and any restrictions on land use of the
site.
A.
Application for preliminary site plan approval. An application for
preliminary site plan approval shall be made in writing to the Code
Enforcement Officer and shall be accompanied by information drawn
from the following checklist, as determined necessary by the Code
Enforcement Officer at the sketch plan conference. All site plan information
and building designs shall be prepared by a licensed architect or
engineer.
B.
Preliminary site plan checklist. Additional design standards and
directions regarding the items to be shown on specific plan sheets
may be found in the administrative checklist and Livonia Design Criteria
and Construction Specifications for Land Development available from
the Building and Zoning Department. The preliminary site plan shall
include:
(1)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing.
(2)
North arrow, graphic scale and date.
(3)
Boundaries of the property, plotted to scale.
(4)
The location of existing property lines, easements, structures, streets, driveways and natural features within 200 feet of the proposed site or at the discretion of the Building and Zoning Department. Natural features shall include but are not limited to those features designated as conservation areas in accordance with § 155-69 or subject to other state or federal regulations which may restrict development.
(5)
Grading and drainage plan, showing existing and proposed contours.
The drainage plan shall also clearly explain the methodology used
to project stormwater quantities and the resultant peak flow conditions.
(6)
Location, proposed use, hours of operation and height of all
buildings; summary of the amount of square footage devoted to each
use requiring off-street parking or loading.
(8)
Provision for pedestrian access.
(9)
Size, type, location and screening of all facilities used for
recycling and disposal of solid waste.
(10)
Location, dimensions and vehicle capacity of drive-in facilities
and related queuing lanes.
(11)
Building elevation(s) showing building massing, window and door
spacing and treatments and other architectural features; and indication
of building materials suitable to evaluate architectural compatibility.
(12)
Location, purpose and holder of all proposed easements or dedications
for utilities, recreation, conservation or other purpose.
(13)
Location, size, screening and type of material for any proposed
outdoor storage.
(14)
Location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
(15)
Description of the type and quantity of sewage expected, the
method of sewage disposal and the location, design and construction
materials of such facilities.
(16)
Description of the type and quantity of water supply needed,
the method of securing water supply, and the location, design and
construction materials of such facilities.
(17)
Location of fire and other emergency zones, including the location
of fire hydrants.
(18)
Location, design and construction material of all energy-distribution
facilities, including electrical, gas and wind power and solar energy
and other public utility facilities, such as cable or phone service.
(19)
Location, size, design and construction materials of all proposed
signs.
(20)
Location of proposed buffer areas, including existing vegetative
cover.
(21)
Location, type, height, brightness and control of outdoor lighting
facilities.
(22)
Size, location and use of recreational areas for multifamily dwellings as required by § 155-59.
(23)
Identification of permanent open space or other amenity provided
in conjunction with cluster or incentive zoning provisions.
(24)
A table summarizing each building footprint, total size in square
feet and number of stories; the number of dwelling units and the amount
of square feet devoted to each use type; size, in square feet or acres,
of access, parking and circulation areas and the number of loading,
queuing and parking spaces; size in square feet of landscaped and
natural open space; and size in square feet and text of all signs.
(26)
Other elements integral to the proposed development as considered
necessary by the Joint Planning Board, to include showing railroads
or any other type of transportation facilities not specified.
(27)
All forms and information pursuant to New York State Environmental
Quality Review Act (SEQR).
(28)
An agricultural data statement if the proposed use is located
on or within 500 feet of a farm operation in a county agricultural
district.
C.
Required fee. The fee will be established by the governing board
and paid when the application is made.
The Joint Planning Board's review of a preliminary site plan
shall include, as appropriate, but is not limited to, the following:
A.
General considerations as to:
(1)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls for parking, loading and drive-in facilities.
Conformance with access management standards, including but not limited
to driveway spacing and provision of shared driveways and cross-access
easements.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience. In general, sidewalks shall be
required along all dedicated roads on lots within 1,000 feet of a
school, park or residential concentration.
(3)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(4)
Location, arrangement, size, design and general architectural
and site compatibility of buildings, lighting, signs and landscaping.
(5)
Adequacy of stormwater calculation methodology and stormwater
and drainage facilities to eliminate off-site runoff and maintain
water quality.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Size, location, arrangement and use of required open space and
adequacy of such open space to preserve scenic views and other natural
features; to provide wildlife corridors and habitats; to provide suitable
screening and buffering; and to provide required recreation areas.
(8)
Suitability of proposed hours of operation.
(9)
Protection of adjacent or neighboring properties against noise,
glare, unsightliness or other similar nuisances.
(10)
Adequacy of community services, including fire, ambulance and
police protection, and on-site provisions for emergency services,
including fire lanes and other emergency zones, fire hydrants and
water pressure.
(11)
Adequacy and unobtrusiveness of public utility distribution
facilities, including those for gas, electricity, cable television
and phone service. In general, all such utility distribution facilities
shall be required to be located underground.
(12)
Making provision for, so far as conditions may permit, the accommodation
of solar energy systems and equipment and access to sunlight necessary
therefor.
(13)
Conformance with the Livonia Comprehensive Plan and other planning
studies.
(14)
Conformance with density, lot size, height, yard and lot coverage
and all other requirements of district regulations.
B.
Applicant to attend Joint Planning Board meeting. The applicant and/or
duly authorized representative shall attend the meeting of the Joint
Planning Board.
C.
Site plans shall also provide conformance with the performance standards of § 155-68 and the Livonia Design Criteria and Construction Specifications for Land Development.[1]
[1]
Editor's Note: The Design Criteria and Construction Specifications
for Land Development are on file in the Building and Zoning Department
office.
D.
Consultant review. The Joint Planning Board may consult with the
Code Enforcement Officer, Fire Commissioners and other appropriate
local and county officials and departments and their designated private
consultants, in addition to representatives of federal and state agencies,
including but not limited to the Natural Resources Conservation Service,
the State Department of Transportation and the State Department of
Environmental Conservation.[2]
E.
Public hearing. The Joint Planning Board may conduct a public hearing
on the preliminary site plan. If a public hearing is considered desirable
by a majority of the members of the Joint Planning Board, such public
hearing shall be conducted within 62 days of the receipt of the application
for preliminary site plan approval and shall be advertised in a newspaper
of general circulation in Livonia at least five days before the public
hearing.
A.
Within 62 days after public hearing or within 62 days after the application
was filed if no hearing was held, the Joint Planning Board shall act
on the application for preliminary site plan approval. The Joint Planning
Board's action shall be in the form of a written statement to the
applicant stating whether or not the preliminary site plan is approved,
disapproved or approved with modifications.
B.
The Joint Planning Board's statement may include recommendations
of desirable modifications to be incorporated in the final site plan,
and conformance with said modifications shall be considered a condition
of approval. If the preliminary site plan is disapproved, the Joint
Planning Board's statement will contain the reasons for such findings.
In such a case, the Joint Planning Board may recommend further study
of the site plan and resubmission to the Joint Planning Board after
it has been revised or redesigned.
A.
After receiving approval, with or without modifications, from the
Joint Planning Board on a preliminary site plan, the applicant shall
submit a final detailed site plan to the Joint Planning Board for
approval. If more than six months have elapsed since the time of the
Joint Planning Board's action on the preliminary site plan and if
the Joint Planning Board finds that conditions have changed significantly
in the interim, the Joint Planning Board 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 Joint
Planning Board may also require a new public hearing. The final site
plan shall conform substantially to the approved preliminary site
plan. It should incorporate any modifications that may have been recommended
by the Joint Planning Board in its preliminary review. All such compliance
shall be clearly indicated by the applicant on the appropriate submission.
B.
The following additional information shall accompany an application
for final site plan approval:
(1)
Record of application for and approval status of all necessary
permits from local, state and county officials.
(2)
Construction details and final material specification for all
required improvements and such improvements to be in conformance with
the Livonia Design Criteria and Construction Specifications for Land
Development.[1]
[1]
Editor's Note: The Design Criteria and Construction Specifications
for Land Development are on file in the Building and Zoning Department
office.
(3)
An estimated project construction schedule.
(4)
A legal description of all areas proposed for municipal dedication.
(5)
A conservation easement or other recordable instrument executed
by the owner for any permanent open spaces created and whether such
open space is the result of site plan review, clustering or incentive
zoning provisions.
C.
If no building permit is issued within one calendar year from the
date of final site plan approval, the final site plan approval shall
become null and void.
Prior to taking action on the final site development plan, the
Joint Planning Board shall refer the plan to the County Planning Board
for advisory review and a report in accordance with § 239-m
of General Municipal Law.
A.
Within 62 days of receipt of the application for final site plan
approval, the Joint Planning Board shall notify the Building and Zoning
Department, in writing, of its decision.
B.
Upon approval of the final site plan and payment by the applicant
of all fees and reimbursable costs due and letter of credit if required,
the Joint Planning Board shall endorse its approval on a copy of the
final site plan. A copy of the approved final site plan shall be filed
with the Building and Zoning Department and may be provided to the
applicant.
C.
Upon disapproval of a final site plan, the Joint Planning Board shall
so inform the Code Enforcement Officer, and the Code Enforcement Officer
shall deny a building permit to the applicant. The Joint Planning
Board shall also notify the applicant in writing of its decision and
its reasons for disapproval.
Costs incurred by the Joint Planning Board for consultation
fees or other extraordinary expense in connection with the review
of a proposed site plan or inspection of required improvements shall
be charged to the applicant. Estimated review fees shall be deposited
into an escrow account when making application for preliminary site
plan approval. Estimated inspection fees shall be deposited into an
escrow account prior to Joint Planning Board endorsement of final
site plan approval.
No certificate of occupancy shall be issued until all improvements
shown on the site plan are installed or an irrevocable letter of credit
has been posted for improvements not yet completed. The letter of
credit shall be in accordance with Livonia Design Criteria and Construction
Specifications for Land Development and shall be approved as to form
by the Municipal Attorney and as to amount by the Municipal Engineer.[1] The member of the Joint Planning Board designated to sign
site plans shall not sign until a letter of credit, if required, has
been received by the Building and Zoning Department and approved by
the governing board.
[1]
Editor's Note: The Design Criteria and Construction Specifications
for Land Development are on file in the Building and Zoning Department
office.
The Code Enforcement Officer shall be responsible for the overall
inspection of site improvements. The applicant shall be responsible
for advance notice for inspection coordination with officials and
agencies, as appropriate. The Code Enforcement Officer may retain
the services of a qualified private consultant to assist with inspection
of site improvements.
[Amended 5-27-1998 by L.L. No. 6-1998]
Whenever the particular circumstances of a proposed development require compliance with either the conditional use procedure pursuant to § 155-10B of this chapter, or the requirements for the subdivision of land in Chapter 130, the Joint Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.
