A.
Authority and purpose; recreation fees.
(1)
Purpose. In order to ensure that development and use of land within
the Village of Brewster will have a harmonious relationship with the
existing or permitted use of contiguous land and of adjacent neighborhoods,
and so to ensure that the health, safety, general welfare, comfort
and convenience of the public is fully considered, this article, entitled
"Site Plan Approval," is hereby enacted in accordance with § 7-725-a
of the Village Law of New York State.
(2)
The Planning Board shall also have the power to pass finally upon
any site plan submitted in connection with any proposed development
upon which it is empowered to take final action under any provision
of this chapter. The Planning Board is hereby authorized, among other
things, to review and approve, approve with modifications or disapprove
any such site plan as to the size, location, character, architectural
features and suitability of all buildings and facilities relating
thereto, including the safety, adequacy and convenience of public
and private ways, walks, streets and highways, required off-street
parking and loading areas, access drives and turning areas related
thereto, yards, landscaping, shrubbery screens, signs and required
open spaces in relation to each other and to pedestrian and vehicular
traffic and to the proposed use and the use and enjoyment of adjacent
properties. In addition, the Planning Board shall consider the factors
of drainage, road alignment, availability of sewer and water facilities
and other engineering aspects of such site plan, and may require the
review of such factors by engineering authorities, technical personnel
or commissions which may be concerned with any proposed site plan.
The Planning Board shall have the power to waive site plan requirements
pursuant to § 7-725-a of the Village Law of New York State.
(3)
In passing upon the location, character and suitability of buildings
and the facilities relating thereto, the Planning Board shall consider
the design and proposed construction of all buildings and related
developments to the extent that such design and construction shall
conform to and not detract from the architecture of the surrounding
neighborhood.
(4)
Site plan recreation fees. Upon final approval of a site plan which
shows an increase in bedrooms, the Planning Board, as a condition
of approval, shall require either the setting aside of parkland or
the payment by the applicant to the Village of a sum to be determined
from time to time by resolution of the Village of Brewster Board of
Trustees, which sum shall constitute a trust fund to be used by the
Village of Brewster Board of Trustees exclusively for neighborhood
park, playground or recreational purposes, including the acquisition
or improvement of land. The Planning Board may, where appropriate,
require the provision of parkland and the payment of a sum to the
Village.
B.
Uses for which approval is required.
(1)
Site plan approval by the Planning Board is required, unless otherwise excepted, for the use of land or the issuance of building permits pertaining to such use, for any permitted use, any use permitted by special exception use permit, signs, and for any nonconforming use changed in accordance with Article I of Chapter 263. Site plan approval shall not be required for one single-family dwelling.
(2)
Site plan approval by the Planning Board shall also be required for
any structures, driveways, drainage improvements or other improvements
made to any lot created pursuant to a subdivision of land approved
subsequent to the adoption of this chapter, including single- or two-family
dwellings, subject to the following requirements and limitations.
Approval of a site plan showing one or more lots shall not be considered
approval of a subdivision of land as defined pursuant to this chapter.
(a)
Site plan approval shall not be required for any individual accessory building with a building coverage of less than 400 square feet, nor any fence which conforms to the dimensional requirements of this chapter and Chapter 263 of the Code, either of which are located on a lot for which site plan approval must otherwise be obtained.
(b)
Approval of architecture shall not be required for any single-family
dwelling for which site plan approval is required pursuant to this
section, nor its accessory buildings and structures, excepting that
any such accessory buildings or structures shall conform in general
appearance to the principal structure on the lot.
(c)
The location or size of any improvements on a lot used as a
single-family dwelling for which a site plan has been approved by
the Planning Board shall not be changed as to size or location except
that upon review and approval by the Village Code Enforcement Officer
a change may be authorized, in writing, provided that:
[1]
The change does not significantly increase the volume of stormwater
runoff or affect the drainage improvements on the site.
[2]
The change does not create any substantial adverse environmental impact, or is contrary to any provision of this chapter or Chapter 263 of the Code.
[3]
The change is not in conflict with any condition placed on the
site plan or contained in any resolution approving the site plan.
C.
Conditions for which approval is required.
(1)
No building permit shall be issued until the site plan approval,
as required pursuant to this chapter, shall have been obtained from
the Planning Board.
(2)
The owner of any building or site is required to notify the Code
Enforcement Officer and the Planning Board of any proposed change
of use in said building, or any change in the site plan or improvement
shown thereon. For any change in use of a building or site, the Planning
Board shall issue notice, in writing, within 60 days, that the change
of use conforms with the requirements of the Brewster Code and no
changes to the site improvements are required or that the change or
use will require a change to the site plan or the improvements shown
thereon.
(3)
No certificate of occupancy for any structure or use upon or within the site shall be issued until all of the required conditions of the site plan approval have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with the approved site plan and conditions attached thereto. A temporary certificate of occupancy may be issued prior to the completion of all the required conditions of the site plan approval in accordance with § 263-21 of the Code.
(4)
Any and all changes to an existing site plan shall be subject to
the approval procedure as provided herein.
D.
Application for approval.
(1)
Application for site plan approval must be in writing on forms provided
by the Village, subscribed to and verified by the owner of the property
or by the agent of the owner duly authorized as an instrument in writing,
executed and acknowledged, as in the case of a deed, by the owner
of the aforesaid property. The number of copies required for submission
shall be determined by the Planning Board. A fee schedule shall be
established by resolution of the Village of Brewster Board of Trustees.
Such fee schedule may thereafter be amended from time to time by like
resolution. The fee schedule will be on file with the Clerk of the
Village of Brewster. No application for site plan approval shall be
reviewed or approved if any condition exists on the subject property
which is in violation of the Village Code or the New York State Uniform
Fire Prevention and Building Code, or if any outstanding balance is
owed to the Village for professional consultant review fees relating
to the subject property.
(2)
Application for such approval must be filed with the Village Engineer
and the Village Code Enforcement Officer, together with the appropriate
review fee by the owner of record or by his agent or other authorized
person acting on his behalf. The date by which an application, a site
plan and other supporting materials must be submitted in order for
such application to be considered at such regularly scheduled Planning
Board meeting shall be established by the Planning Board, subject
to a public hearing, which shall have been advertised in a newspaper
of general circulation not less than five days prior to the date of
the public hearing.
(3)
Preliminary site plan review. Prior to the submission of a formal
site plan, the applicant may meet in person with the Planning Board
and/or its designated representative to discuss the proposed site
plan so that the necessary subsequent steps may be undertaken with
a clear understanding of the Planning Board's requirements in
matters relating to the development of the site.
(4)
Application procedures for site plan approval. At least 15 business
days in advance of the Planning Board's meeting at which a site
plan or any amendment to it is to be presented, the information enumerated
below must be submitted to the Village Engineer along with a letter
of application addressed to the Secretary of the Planning Board for
forwarding to the Planning Board. Ten copies of all materials shall
be submitted, including the necessary application forms and SEQRA
documentation. This information in total shall constitute the site
plan application and shall be the same information, drawings and supplementary
material normally understood to be completed working drawings and
be the same material by which the building permit will be issued.
Such plans shall be prepared and signed by a professional engineer,
land surveyor or architect licensed to practice in the State of New
York. The information submitted, which in total shall constitute a
site plan application, shall be as follows:
(a)
The title of the development; the date; a North arrow; a scale
of not less than one inch equals 50 feet; a location map at a scale
of not less than one inch equals 500 feet showing the location of
the proposed project with respect to all streets and property within
1,000 feet of the applicant's tract and identifying all property
in the area held by the applicant or any corporation or partnership
in which the applicant is a party; the name and address of the record
owner and of the architect, engineer, surveyor or planner preparing
the site plan; and the lot, block and section number of the property.
(b)
The existing zoning of the property and all property within
150 feet of all lot lines of the premises and a narrative describing
conformity to applicable zoning regulations, including variances.
(c)
Statement of use.
[1]
A written statement of use describing in detail the nature and
extent of the proposed use and occupancy; the provisions to be made
for water supply, sewage disposal, solid waste disposal, drainage
and other utilities; the anticipated vehicular traffic generation;
and the impact upon adjoining property, the neighborhood and community
facilities and services. A statement that there are no outstanding
violations on the property, unless the application is to cure the
violation.
[2]
The statement of use shall include a zoning schedule indicating
the area of the lot; the floor area of buildings and structures; the
ground coverage by buildings and structures; the total ground coverage
by buildings, other structures, paving and outside storage areas;
and the computations of required off-street parking and loading spaces.
Should any variances for any requirement identified in this article
be required, they should be explicitly identified in this table.
(d)
The boundaries of the property; building and setback lines;
lines of existing streets, lots, easements and areas dedicated to
public use; and an existing pedestrian and vehicular circulation diagram
for the site and immediate area.
(e)
The location and dimensions of existing buildings on the applicant's
entire property and approximate location of all neighboring structures
within 50 feet of all lot lines of the premises, including the approximate
location and dimensions of all existing structures.
(f)
The location of all existing and proposed water mains, sanitary
sewer service connections, culverts and drains on the property, with
pipe sizes, grades and direction of flow, and other underground utilities
to the extent relevant and the location of all utilities in the adjacent
street and connections to structures on the premises.
(g)
Existing contours with intervals of two feet or less extended
at least 10 feet into adjoining properties, referenced to a datum
satisfactory to the Planning Board; locations of existing watercourses,
marshes, rock outcrops, vegetative cover, wooded areas, trees with
eight-inch diameter or more and other significant features and the
location, depth and results of soils samples, test borings, test pits
and seepage tests.
(h)
Existing and proposed fences, landscaping and screening and
all other existing and proposed improvements.
(i)
Identification of all slopes in excess of 15% within a fifty-foot
radius of the site.
(j)
The boundaries of any area subject to flooding or stormwater
overflows, including flood hazard areas established by the United
States Department of Housing and Urban Development, and the locations
of all proposed and existing water hydrants.
(k)
The proposed stormwater drainage system.
(l)
The locations and specifications of all proposed exterior site
illumination, including lighting for public walkways, parking areas
and other public spaces. The proposed location, direction, intensity
and timing of proposed outdoor lighting shall be highlighted.
(m)
The location, type, size, wording, design, color and illumination
of all signs.
(n)
The location, layout, finished grade pavement specifications
and curbing proposed for all parking and loading areas, driveways
and access roads and sidewalks, including profiles.
(o)
The extent and amount of cut and fill for all disturbed areas,
including before and after profiles of typical development areas,
parking lots, roads and retaining walls.
(p)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Part 1, Articles I and II, of Chapter 209 of the Code of the Village of Brewster shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Part 1, Article II, of Chapter 209 of the Code of the Village of Brewster. The approved site plan shall be consistent with the provisions of Chapter 209 of the Code of the Village of Brewster.
(q)
The proposed use or uses and locations of buildings, including
proposed grades.
(r)
All proposed lots, easements and public community areas; all
proposed streets, with profiles indicating grading and cross sections
showing the width of proposed sidewalks and locations and sizes of
utility lines and/or pipes and proposed curbs.
(s)
A proposed screening and landscaping plan, including a planting
plan prepared by a landscape architect or architect. Included in the
plan shall be an indication of all existing vegetation to be retained
and the methods to be used to protect such vegetation during the course
of construction as well as the location, design and proposed screening
of outdoor storage areas.
(t)
Location, width and approximate grade of all proposed streets,
showing center line, radii, high and low points and sags.
(u)
Profiles showing existing and proposed elevations along the
center line of all proposed streets or driveways and the elevations
of existing streets for a distance of 200 feet on either side of their
intersection with a proposed street or driveway.
(v)
Approximate location and dimensions of all property proposed
to be reserved for park or public use.
(w)
The boundaries of all wetlands, watercourses, water bodies and
their associated control areas within 100 feet of all lot lines of
the premises.
(x)
In the Light Manufacturing and Wholesale District (LMW), the
specific uses proposed, the number of employees for which buildings
are designed, the type of power to be used for any manufacturing process,
the type of wastes or by-products to be produced by any manufacturing
process and the proposed method of disposal of such wastes or by-products
shall be identified.
(y)
The stages of development or construction proposed and a statement
from the applicant on steps the applicant will take to protect the
surrounding neighborhood from noise, pollution, traffic or disruption
is required.
(z)
Schematic architectural plans of all proposed buildings, structures,
signs and outdoor storage facilities, which may be preliminary in
form but shall include exterior elevation drawings in sufficient detail
to indicate the exterior building materials, color, height, bulk,
roofline, ornamentation, interior uses and general character and,
with the exception of signs and outdoor illumination of facilities,
shall bear the seal of a registered architect or professional engineer
licensed to practice in the State of New York.
(aa)
The application shall be signed by the applicant and the owner
of record if the owner is not the applicant.
(bb)
A statement from the applicant's engineer indicating the
estimated cost of construction of all new public streets and sidewalks
and of the water supply, sanitary sewerage and storm drainage systems
upon submission of a final site plan is required.
(cc)
All applications shall be reviewed, considered and approved
in accordance with the State Environmental Quality Review Act.
E.
Notations.
(1)
Each site plan shall contain an endorsement block for the Planning
Board stating: "Approved by resolution of the Planning Board of the
Village of Brewster, New York, on the _____ day of ___________ 20
_____. Any change, erasure, modification or revision of the plan,
as approved, shall void this approval.
Signed this ______________ day of ______________20 _____, by
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Chairman
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Secretary"
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(2)
Each site plan shall contain the endorsement of the property owner
and the applicant stating: "The undersigned owner of the property
hereon states that he is familiar with these drawings, their contents
and their legends and hereby consents to all their said terms and
conditions as stated hereon."
(3)
Each site plan shall contain the signature and seal of the design
professional who prepared the plan.
F.
Additional submissions. Any other information determined necessary
or appropriate by a majority of the members of the Planning Board
in order to provide for the proper administration and enforcement
of this section shall be submitted.
G.
Exceptions. In appropriate circumstances, the Planning Board, upon application by the applicant, may waive the provision of any items of information listed in Subsection D(4).
H.
Guiding principles. No building permit may be issued for any building
within the purview of this section except in conformance with an approved
site plan. 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 development plan.
(1)
All site plans, including site plans necessary for special exception
use permits or variances, shall require approval by the Planning Board
and shall be required in all districts for:
(a)
The erection, enlargement or change of use of any building or
structure, other than one single-family dwelling. Any building or
structure requiring a building permit, variance or special exception
use permit for a building other than single-family dwellings shall
be referred by the Zoning Board of Appeals to the Planning Board for
the Planning Board's review and recommendation as to the adequacy
of the site plan.
(b)
All uses of open land for which a certificate of occupancy is
required.
(c)
Any amendment of a previously approved site plan.
(2)
The following criteria and standards shall be used by the Planning
Board in reviewing applications for site plan approval:
(a)
Comprehensive Plan. The site plan shall be in conformance with
the vision statement, purpose and intent of the current Comprehensive
Plan of development or supplement or amendment thereto adopted by
the Village of Brewster Board of Trustees pertaining to the area in
which the use is to be located.
(b)
Neighborhood. The use of land, buildings and other structures,
the location and bulk of buildings and other structures and the development
of the lot shall be of a character as to harmonize with the neighborhood,
to accomplish a transition in character between areas of unlike character,
to protect property values in the neighborhood and to preserve and
enhance the appearance, scale and beauty of the neighborhood.
(c)
Existing streets. Where the lot has frontage on an existing
street, proper provision shall be made for grading and improvement
of shoulders and sidewalk areas within the right-of-way of the street
and for provision of curbs and sidewalks in accordance with the pattern
of development along the street.
(d)
Vehicular access. Provision shall be made for vehicular access
to the lot in such a manner as to safeguard against hazards to traffic
and pedestrians in the street and on the lot and to avoid traffic
congestion on any street. Access shall also conform to the following:
[1]
Where alternate access is available, the vehicular access to
the lot shall be arranged to avoid traffic use of local residential
streets situated in or bordered by existing residential neighborhoods.
[2]
Where a lot has frontage on two or more streets, the access
to the lot shall be provided to the lot across the frontage and to
the street where there is lesser potential for traffic congestion
and for hazards to traffic and pedestrians.
[3]
The street giving access to the lot shall have traffic-carrying
capacity to accommodate the amount and types of traffic generated
by the proposed use.
[4]
Where necessary to safeguard against hazards to traffic and
pedestrians and/or to avoid traffic congestion, provision shall be
made for turning lanes, traffic directional islands, frontage road
driveways and traffic controls within the street.
[5]
Vehicular access shall be of a design and have sufficient capacity
to avoid backup of entering vehicles within any street.
[6]
Vehicular access shall achieve maximum practicable distance
from street intersections and from existing and proposed access connections
to adjacent properties. The Planning Board shall have the right to
restrict access to one point or to require shared vehicular access
in order to minimize curb cuts.
[7]
Vehicular access into the lot shall not exceed a grade of 10%
and shall meet the street line and travelway of the street in such
a manner as to conform to the standard cross section for the street
as may be specified by this chapter.
(e)
Pedestrian safety. Insofar as practicable, pedestrian and bicycle
circulation shall be separated from motor vehicle circulation. Safe
and convenient pedestrian circulation, including appropriate sidewalks,
shall be provided on the site and its approaches. The pedestrian circulation
plan shall be designed to minimize adverse effects of vehicular traffic
upon sidewalks and bicycle paths.
(f)
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with the provisions of § 263-18 and the landscape standards of this chapter. The location, width and layout of interior drives shall be appropriate for the proposed interior circulation. The location and layout of accessory off-street parking and loading spaces shall provide for efficient circulation and the safety of pedestrians and vehicles. Insofar as practicable, separate rows or aisles in parking areas shall be divided by trees, shrubbery and other landscaping devices. The location of parking areas shall not detract from the design of proposed buildings and structures or from the appearance of the existing neighboring buildings, structures and landscape. Provision shall be made for access by police, fire and emergency vehicles.
(g)
Sanitation. Proper provision shall be made for the water supply
and sewage disposal requirements of the proposed use. Connections
to Village water and sewer shall be designed and constructed in accordance
with Village ordinances and as directed by the Village Water and Wastewater
Superintendent. In addition, provision shall be made for the collection,
storage and disposal of solid wastes accumulated in connection with
the proposed use and for the control of litter by means of receptacles,
fences or other means and the screening of such storage receptacles.
(h)
Fire protection. Proper provision shall be made for fire protection,
taking into account any recommendations of the Village Code Enforcement
Officer or the Village Fire Inspector, including the following:
[1]
A suitable location for and access to fire hydrants and/or fire
ponds and other water storage.
[2]
Suitable access to buildings and storage areas for the operation
of fire protection vehicles and equipment.
[3]
Sufficient controls on traffic and parking to permit access
by fire protection vehicles in emergencies.
[4]
Adequate circulation driveways within the lot, coordinated with
access to other lots, to permit access by fire protection vehicles.
(i)
Utility services. Electric, telephone and other wire served
by utility lines and service connections shall be underground insofar
as feasible and subject to state public utility regulations. Any utility
installations remaining aboveground shall be located so as to have
a harmonious relation to neighboring properties and to the site. Utility
services, such as air-conditioning units, that are located on building
rooftops shall be adequately screened from the views from adjacent
properties and abutting streets.
(j)
Ecological considerations. The development shall comply with
the following requirements insofar as practicable:
[1]
Stormwater. The site plan shall comply with the current state,
county and Village ordinances pertaining to stormwater handling, treatment
and discharge.
[2]
Critical areas. Development shall result in minimal degradation
of unique or irreplaceable land types and have minimal adverse impact
upon the critical areas such as streams, wetlands, areas of aquifer
recharge and discharge, steep slopes, highly erodible soils, areas
with a high water table, mature stands of vegetation and extraordinary
wildlife nesting, feeding or breeding grounds.
[3]
Erosion and sedimentation. Provision shall be made for control
of erosion and sedimentation and for avoiding siltation of streams
and wetlands both during construction and upon completion thereof.
[4]
Landscape. The landscape shall be preserved in its natural state,
insofar as practicable and environmentally desirable, by minimizing
tree and soil removal. If development of the site necessitates the
removal of established trees, special attention shall be given to
the planting of replacements or to other landscape treatment. Any
grade changes shall be in keeping with the general appearance of neighboring
developed areas.
[5]
Relation of proposed structures to environment. All proposed
nonresidential structures shall incorporate "Leadership in Energy
and Environmental Design" (LEED) standards to the maximum extent practicable.
Proposed structures shall be related harmoniously to themselves, the
terrain and to existing buildings and roads in the vicinity that have
a visual relationship to the proposed structures. The achievement
of such harmonious relationships may include the enclosure of space
in construction with other existing buildings or other proposed buildings
and the creation of focal points with respect to avenues of approach,
terrain features or other buildings.
[a]
Proposed structures shall be so sited as to minimize
any adverse impact upon the surrounding area, and particularly upon
any nearby residences, by reason of the following characteristics
of any proposed structures:
[b]
Appropriate natural or artificial screening may
be required to minimize any such adverse impact.
[6]
Scenic, historic, archaeological and landmark sites. Scenic,
historical, archaeological and landmark sites and features that are
located on or adjacent to the proposed development shall be preserved
and protected insofar as practicable.
[7]
Noise. All applicable federal, state and local regulations dealing
with the control of outside noise which is expected to be generated
at the site shall be complied with.
[8]
Advertising features. The size, location, height, design, color, texture, lighting and materials of permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures or of the surrounding properties. Signs shall be in accordance with Chapter 199 of the Code of the Village of Brewster.
[9]
Lighting. The location, height, design, arrangement and intensity
of outside lighting, including the illumination of signs, shall avoid
unreasonable glare and veiling glare on the lot, on any other lot
and in any street. Such lighting shall also avoid hazards to traffic
and shall harmonize with the neighborhood.
(k)
Outside storage. Outside storage areas, machinery and structures,
service areas, truck loading areas, utility buildings and structures
and similar accessory areas and structures shall be subject to such
setbacks, screen plantings or other screening methods as shall reasonably
be required to prevent any adverse effect upon the environment or
nearby property. Any permitted outside storage areas shall not extend
into the required yards for setback from a property line, street line
or residence district boundary line and shall not exceed a minimum
of 25% of the area of the lot.
(l)
Handicapped persons. The site plan for any use to which the
public is invited or expected to visit shall comply with Americans
with Disabilities Act (ADA) requirements in effect at time of approval.
I.
Referral to other agencies. Site plans within 500 feet of state or
county facilities shall be immediately referred by the Village Planning
Board to the Putnam County Planning Department through the Village
Clerk. Notice shall be mailed to the Putnam County Planning Department
pursuant to § 239-m of the General Municipal Law and § 7-725-a
of the Village Law. Any plans showing access to a state road shall
be referred to the State Department of Transportation. Sites, including
state-designated wetlands or abutting state wetlands, shall be referred
to the State Department of Environmental Conservation. Sites that
include or abut the New York City Watershed as identified on the Environmental
Assessment Form (EAF) shall be referred to the New York City Department
of Environmental Protection, Bureau of Water Supply and Wastewater
Collection for the Croton System Water Supply. Recommendations shall
be requested from these agencies within 30 days from the time of submission
of the site plan to the Village. Sites that include historic structures
shall be referred to the Village Historian for review.
J.
Landscape standards and submission requirements for parking lots
and screening and buffer areas. The objective of this subsection is
to preserve the natural character of off-street parking areas and
certain other setback and yard areas of multifamily and nonresidential
developments and adjacent areas. Landscape plans prepared by a New
York State-registered landscape architect shall be submitted that
comply with the following specific goals:
(1)
To provide natural visual screening of parking areas and along property
boundaries to preserve the existing visual quality of adjacent lands.
(2)
To reduce surface runoff and minimize soil erosion through the natural
filtering capability of landscaped areas, and through the use of pervious
devices wherever impervious surfaces are proposed.
(3)
To provide natural buffers that reduce glare and noise.
(4)
To moderate the microclimate of parking areas by providing shade,
absorbing reflected heat from paved surfaces and creating natural
windbreaks.
(5)
To enhance the overall visual quality of new development by providing
a variety of plant materials that are consistent and compatible with
the existing natural vegetation of the area.
(a)
Parking lot standards.
[1]
Off-street parking and loading areas, where the physical setting
is appropriate, shall be curbed and landscaped with appropriate trees,
shrubs and other plant materials and ground cover, as approved by
the Planning Board, based upon consideration of the adequacy of the
proposed landscaping, to assure the establishment of a safe, convenient
and attractive parking facility needing a minimum amount of maintenance,
including plant care, snowplowing and the removal of leaves and other
debris. These standards shall apply to all proposed site plans.
[2]
At least one tree, of not less than three-inch caliper measured
three feet above ground level at the time of planting, shall be provided
within such parking area for each 10 parking spaces. In all off-street
parking areas containing 25 or more parking spaces, at least 10% of
the interior of the parking area shall be curbed and landscaped with
trees, shrubs and other plant material.
[3]
Raised or partially raised planting islands, at least four feet
in width, shall be provided to guide vehicle movement and to separate
opposing rows of parking spaces so as to provide adequate space for
plant growth, pedestrian circulation and vehicle overhang. The islands
shall be tailored to conform with the size of the lot under consideration.
Such raised planting islands and the landscaping within them shall
be designed and arranged in such a way as to provide vertical definition
to major traffic circulation aisles, entrances and exits, to channel
internal traffic flow and prevent indiscriminate diagonal movement
of vehicles and to provide relief from the visual monotony and shadeless
expanse of a large parking area. Curbs of such islands shall be designed
so as to facilitate surface drainage and prevent vehicles from overlapping
sidewalks and damaging landscaping materials.
[4]
No obstruction to driver vision shall be erected or maintained
on any lot within the triangle formed by the street line of such lot,
the outer edge of the access driveway to the parking area and a line
drawn between points along such street line and access drive 30 feet
distant from their point of intersection.
[5]
All self-propelled maintenance equipment, including accessories,
shall be stored in enclosed structures only, which structures shall
conform to the architectural theme of the development.
(b)
Exterior lighting standards. All exterior lighting accessory
to multifamily or nonresidential uses and all exterior lighting of
recreation facilities accessory to a residential use, including the
lighting of signs, shall be of such type and location and shading.
No exterior lighting shall be located at a height exceeding 14 feet
unless manufacturer's specifications require otherwise and indicate
that the standards stated herein shall be met.
(c)
Screening and buffer area standards.
[1]
All disturbed portions of multifamily and nonresidential properties
which are not used for buildings, structures, off-street parking and
loading areas, sidewalks or similar purposes shall be suitably landscaped
and permanently maintained with planting of trees and shrubbery, as
approved by the Planning Board as part of the site plan, so as to
minimize erosion and stormwater runoff and harmoniously blend such
uses with the character of the Village as a whole.
[2]
On all multifamily and nonresidentially developed properties,
a landscaped buffer area shall be required to screen and protect neighboring
residential properties from the view of uses and parking areas on
the site, provided that a wall or fence, whose height and design has
been approved by the Planning Board, has not been substituted for
the required planting. A buffer area shall:
[a]
Be at least 20 feet in depth along any lot line
abutting or directly across the street from a lot in a residential
district.
[b]
Be of plantings of such type, height and spacing
as, in the judgment of the Planning Board, will effectively screen
the activities on the lot from view of persons standing on adjoining
properties. The plan and specifications for such planting shall become
part of the approved site plan, shall be filed with the approved plan
for the use of the lot, and shall be complied with prior to issuance
of a certificate of occupancy.
(d)
Modifications. Where the existing topography and/or landscaping
provides adequate screening, the Planning Board may modify the planting
and/or buffer area requirements.
(e)
Maintenance. All plantings shown on an approved site plan shall
be maintained in a vigorous growing condition throughout the duration
of the use, and plants not so maintained shall be replaced with new
plants at the beginning of the next growing season.
(f)
New plantings. All new plant materials shall be consistent and
compatible with the existing vegetation of the site and the surrounding
area. Plant materials judged to be inappropriate by the Planning Board
will not be approved. New plantings should be compatible with native
vegetation and this growing region. New plantings must meet the soil
needs of the site and adhere to erosion control and runoff needs.
(g)
Submission requirements. Landscaping plans shall be included
with the site plan submissions and shall consist of the following:
[1]
Preliminary landscaping plan:
[a]
A general concept of the landscaping both in written
and graphic form.
[b]
A list of existing vegetation, with the location,
type and size of existing trees.
[c]
Proposals to preserve and protect existing vegetation
during and after construction.
[d]
The location of existing natural features, such
as streams, wetlands and rock outcroppings.
[2]
Final landscaping plan:
[a]
All proposed physical improvements, such as buildings,
walls, parking areas, sidewalks, etc.
[b]
Proposed landscaping materials, including:
[i]
Existing vegetation to remain.
[ii]
Types of new plant materials, identified by common
name and botanical name.
[iii]
Sizes of all new plant materials by height and/or
diameter.
[iv]
Quantities of each of the planting materials.
[v]
Treatment of ground surfaces (paving, seeding and
ground cover).
K.
Variances in conjunction with site plan application.
(1)
No application will be deemed complete unless it complies with all the requirements of this chapter and Chapter 263 of the Code, and any necessary variances have been granted by the Zoning Board of Appeals.
(2)
In cases where an application requires one or more variances, the
applicant shall be advised by the Code Enforcement Officer that such
variances may be obtained by submitting an application to the Zoning
Board of Appeals who shall also advise the applicant of the procedures
and requirements to be followed in obtaining any necessary variances
from the Zoning Board of Appeals. No further actions shall be taken
with respect to the application unless and until all required variances
have been approved by the Zoning Board of Appeals.
(3)
After approval by the Zoning Board of Appeals of any necessary variances,
an application for site plan approval may be submitted and processed
in accordance with this section.
L.
Compliance. Upon completion of construction, an as-built plan shall
be submitted to the Village Code Enforcement Officer which shall show
all elements of the site as actually constructed. Except as provided
by the Building Codes,[1] no certificate of occupancy may be issued until the as-built
site plan has been reviewed by the Village Code Enforcement Officer
and Village Engineer and found to be in compliance with the approved
site plan.
M.
Amendments to approved site plan.
(1)
Minor amendments. During construction, the Village Code Enforcement
Officer, upon consultation with the Village Engineer, may authorize
minor adjustments to the approved site plan when such adjustments
appear necessary in the light of technical or engineering consideration,
the existence or materiality of which was first discovered during
actual construction. Such minor adjustments shall be consistent with
the concepts of the approved site plan.
(2)
Substantial amendments. Where unforeseen conditions are encountered
which require any change to an approved site plan which the Village
Code Enforcement Officer considers substantial or where the applicant
wishes to modify the approved plan for other reasons, an amended site
plan shall be filed with the Code Enforcement Officer and Village
Engineer for review and approval in accordance with the same procedures
required for initial applications.
N.
Performance bonds or financial guaranty. The applicant may be required
to post performance bonds or similar financial guaranties in sufficient
amounts and duration to assure that all streets or other public places
shown on the site plan shall be suitably graded and paved and that
street signs, sidewalks, streetlighting standards, curbs, gutters,
street trees, water mains, fire alarm signal devices, including necessary
ducts and cables or other connecting facilities, sanitary sewers and
storm drains shall all be installed in accordance with standards,
specifications and procedures acceptable to the Village Engineer.
Such bond shall be posted in accordance with § 7-730, Subdivision
9, of the Village Law of New York State.
(1)
Legislative intent. In order to ensure that once a project has been
started it shall not be abandoned, partially completed or left in
a state which will cause erosion of the soil, improper drainage or
any other condition which will result in the deterioration or devaluation
of the surrounding land or neighborhood, and in order to ensure that,
while under construction, the workmanship and materials used shall
promote the long life of the project and the health, safety and welfare
of the future users of the subject premises and surrounding areas,
the Village of Brewster Board of Trustees has determined it to be
a proper exercise of authority conferred upon it by the laws of the
State of New York to require the posting of adequate security for
the performance of required infrastructure and improvements contemplated
in connection with a residential or commercial site development.
(2)
Procedure.
(a)
Prior to the grant of final site plan approval for a particular
project, the Planning Board, in considering the recommendation of
the engineering authorities available to it, shall recommend the amount
of performance security to cover the full cost of the required site
improvements as shown on such final site plan. The Planning Board
shall make a referral of the matter regarding the establishment of
the amount of performance security of a particular project to the
Village of Brewster Board of Trustees, which referral shall include
its recommendation as to the amount of such performance security.
The performance security shall become effective only if and when the
Village of Brewster Board of Trustees shall have approved it as to
form, sufficiency of surety and manner of execution.
(b)
The performance security shall be in the amount approved by
the Village of Brewster Board of Trustees in the form permitted by
§ 7-730, Subdivision 9, of the Village Law of the State
of New York.
(c)
Such performance security, if in the form of a performance bond
or letter of credit, shall run for a term to be fixed by the Planning
Board, but in no event for a term longer than three years; provided,
however, that the term of such security may be extended by the Planning
Board with the consent of the parties thereto. In the event that such
security is in the form of an irrevocable letter of credit, such a
letter of credit shall contain a provision requiring automatic renewal
thereof unless, not less than 30 days prior to its expiration, the
Village of Brewster is given written notice of the issuing institution's
intention not to renew such letter of credit.
(d)
The performance security in the full amount established by the
Village of Brewster Board of Trustees shall be posted with the Village
Clerk upon grant of final site plan approval. No building permits
shall be issued for and no site preparation work shall be commenced
on the subject premises unless and until the necessary performance
security has been posted.
(e)
A duly designated official of the Village shall inspect the
improvements during construction to assure their satisfactory completion.
(f)
During the course of construction, the performance security
may be reduced, in the sole discretion of the Village of Brewster
Board of Trustees upon the recommendation of the Planning Board, to
an amount certified by the Village Engineer or consulting engineer
to be the probable cost of completion of the remainder of the required
site improvements, but in no event shall such amount be reduced to
less than 50% of the original amount of the performance security until
all work is completed.
(g)
The performance security shall be released or reduced only by
the Village of Brewster Board of Trustees and only upon recommendation
of the Planning Board after certification by the Village Engineer
or consulting engineer that all or part of the required site improvements
have been completed in conformance with the approved final site plan
and all applicable regulations.
(3)
Site improvements subject to bonding. The following items are considered
essential to the principles stated above and shall be included in
the amount of the performance security to be set:
(a)
Site grading, including replacement of topsoil and seeding,
and including necessary structural features such as retaining walls
and ground cover.
(b)
Drainage, including waterways, conduits and all necessary appurtenances
and structures.
(c)
Water, stormwater and sanitary sewer systems, including all
wells, conduits, structures and appurtenances as may be required by
those government agencies having final jurisdiction for approval of
those systems.
(d)
Foundation course, pavement, curbs and sidewalks for all roads,
drives, parking areas and walkways.
(e)
Lighting, including all necessary wiring, structures and appurtenances.
(f)
Landscaping, including all shrubs, trees and screening as may
be required to ensure that the final site condition meets with the
site plan approved by the Planning Board.
(4)
Phased projects. In the event that a particular site plan is to be
constructed in sections or phases, the Planning Board, in its sole
discretion, taking into consideration the importance of the entirety
of the site improvements on the section or phase to be constructed,
may recommend to the Village of Brewster Board of Trustees that the
performance security be posted for only so much of the project as
is going to be constructed in a particular phase or section; provided,
however, that no building permits shall be issued for and site work
shall be conducted on any future phase or section unless and until
the required performance security is established for such future phase
or section and properly posted in accordance with the provisions of
this section.
(5)
Default. In the event that any required site improvements have not
been installed as provided in this section within the term of the
performance security, the Village of Brewster Board of Trustees may
thereupon declare said performance security to be in default and collect
the sum remaining payable thereunder, and, upon receipt of the proceeds
thereof, the Village shall install such improvements as are covered
by such security and are commensurate with the extent of building
development that has taken place on the site. In the event that no
building has taken place but site preparation has taken place, the
proceeds of the security shall be used, to the extent practicable,
to restore the site to its original state and avoid erosion and adverse
drainage conditions.
O.
Fees for site plan review. Fees for submission of an application
requesting site plan approval shall be in accordance with the current
schedule of fees adopted by resolution of the Village of Brewster
Board of Trustees.
P.
Public hearing. A public hearing shall be required prior to final
approval by the Planning Board in accordance with § 7-725-a,
Subdivision 8, of the Village Law of New York State.
(1)
A public hearing on a site plan application shall be scheduled and
conducted by the Planning Board within 62 days after receipt of a
properly completed application. Notice of the public hearing shall
be provided to a newspaper of general circulation in the Village such
that it may be advertised in the newspaper at least five days prior
to the date of the hearing.
(2)
Official submission. In order to determine the date of submission
from which a public hearing is required to be held, an application,
complete in every respect and accompanied by the required plans and
fees, shall be considered officially submitted to and received by
the Planning Board on the date of its regularly scheduled monthly
meeting following no less than 14 days the date on which the same
was submitted to the Secretary or Clerk of the Planning Board.
(3)
At least 10 days prior to the day of any public hearing, the Planning
Board shall give notice by mail to any adjacent municipality that
is within 500 feet of any property for which an application for a
site plan is being considered.
Q.
Notice to property owners.
(1)
The applicant shall mail notice of the public hearing to all property
owners whose property is within 500 feet of the site of the proposed
project or within 500 feet of any property contiguous to said site
that is owned partially or wholly by the applicant or property owner,
members of the applicant's and property owner's family(ies)
or firms in which the applicant or property owner owns a financial
interest.
(a)
Such notice shall be mailed, certified return-receipt requested,
not less than 15 calendar days prior to the date of the public hearing
scheduled by the Planning Board. Prior to the public hearing the applicant
shall provide to the Planning Board a copy of the required notice
and an affidavit listing all of the property owners to whom such notice
was mailed and copies of all mailing receipts.
(b)
Such notice shall be in a form approved by the Planning Board,
including no less than:
[1]
The name of the applicant.
[2]
The location of the site of the proposed site plan.
[3]
A brief description of the proposed use of the property including,
as a minimum, the total acreage involved, the total area of disturbance,
the location of proposed entrances and the proposed methods of providing
water supply and sewage disposal.
[4]
The date, time and place of the public hearing.
R.
Waiver of site plan approval.
(1)
Site plan approval as required in this section may be waived in whole or in part when the site plan is for a conforming or nonconforming use or occupancy that will not enlarge an existing building or if there is a proposed enlargement of an existing building for less than 10% of the minimum floor area for dwelling units or minimum floor area for other uses and where said conforming or nonconforming use or occupancy would also conform to all other requirements of this chapter and Chapter 263 of the Code.
(2)
For said waiver, the applicant shall submit to the Planning Board
a written request setting forth the following:
(a)
A detailed statement of the applicant's proposed use of
the building or property, including detailed information on the conformity
and adequacy of the on-site parking and loading facilities, signs
and all other applicable information required by this section and
other Village ordinances for the proposed use in the zone in which
said use is located.
(b)
The applicant's reasons for requesting a waiver of all
or part of the site development plan requirements of this chapter.
(3)
In considering a request for waiver of site development plan approval,
the Planning Board shall consider the standards and other requirements
for said site development plan approval as contained in this article.
The Planning Board shall make findings that the approval of the waiver
does not impair the intent and purposes of the site development plan
requirements of this chapter.
S.
The Planning Board's findings and written approval or disapproval
with or without conditions shall be forwarded to the applicant and
the Code Enforcement Officer or other Village agency or department,
where appropriate.
T.
Expiration of approval. The approval of any site plan by the Planning
Board, excepting a residential site plan, shall be deemed null and
void one year from the date thereof unless a building permit in compliance
therewith shall have been obtained and construction thereunder shall
have progressed such that structural improvements as shown on the
approved plan have been installed on the site. Expiration of the building
permit shall constitute an expiration of the approved site plan. In
the event that no building permit is required for a site plan, approval
of the site plan shall be deemed null and void one year from the date
of the approval unless the improvements shown thereon have been substantially
completed. The expiration of such approval of a site plan shall not
prevent the submission of a subsequent application and site plan,
which shall be considered without reference to the prior approval.
U.
Damage to conforming building. Any building or structure which conforms to the requirements of this chapter and Chapter 263 of the Code, and has also received site plan approval, and which has been destroyed or damaged from any cause to the extent, as determined by the Code Enforcement Officer, of over 50% of the volume of its structure above the foundation, the owner thereof, or authorized agent of the owner, shall apply for a permit from the Code Enforcement Officer to rebuild or restore the damaged portion of any building damaged or destroyed within six months of the day of such damage, and said application shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the provisions of this chapter in all respects.
