The purpose of this article is to allow the proper integration in the community of uses and actions listed in Schedule 1, Allowed Uses, in districts listed in Part 2, Article VII,[1] Because of their characteristics, or the special characteristics of the area in which they are to be located, these uses require special consideration so that they may be properly located and planned with respect to:
A. 
The objectives of this code;
B. 
Their effect on surrounding properties;
C. 
The ability of the Village to accommodate the growth resulting from the proposed use without undue adverse effect on the Village and its citizens and taxpayers, and the protection of health, safety and welfare of the Village and its citizens; and
D. 
The goals and objectives of the Comprehensive Plan, the 2012 Village Bicycle, Pedetrian and Trail Master Plan, and the LWRP.
[1]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
In accordance with Village Law § 7-725-a, the Development Board is hereby authorized to review and approve, approve with conditions or modifications, or disapprove site plans for new development within the Village as hereinafter designated pursuant to and in accordance with the standards and procedures set forth in this code.
All land use activities which meet one or more of the criteria below shall, prior to the issuance of a building permit or certificate of use or occupancy, receive site plan approval from the Development Board, pursuant to the procedures and standards of this article:
A. 
Any land use activities listed as requiring site plan review in Schedule 1, Allowed Uses;[1]
[1]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
B. 
Any land use activities requiring site plan review in Schedule 1, Allowed Uses, for which site plan approval was previously obtained from the Development Board more than seven years before a current building permit application;
C. 
Any changes in existing land uses requiring site plan review in Schedule 1, Allowed Uses, which are determined to be material changes. (See definition in § 106-6).
D. 
All uses granted a variance by the Development Board and required by the Development Board to undergo site plan review pursuant to Part 2, Article XVI; and
E. 
Any new land use or development or renovations which will not comply with the design standards of Part 2, Article XIII, and is not otherwise subject to special use permit review pursuant to Part 2, Article XII.
A. 
Application shall be made to the Development Board using forms supplied by the Director.
B. 
Preapplication conference. Prior to formal submission of a detailed site plan, applicants are encouraged to schedule a preapplication conference with the Director. The purpose of the preapplication conference is to provide review of the basic site design concept, provide the applicant with constructive suggestions and, generally, to determine the information to be required for the site plan application. Applicants associated with the review of larger projects with complex site plans are encouraged to participate in a presubmission conference. In order to accomplish the objectives as listed above, applicants are encouraged to provide the following:
(1) 
A brief narrative and preliminary concept showing the locations and dimensions of principal and accessory structures, parking areas, and other planned features and any anticipated changes in the existing topography and natural features;
(2) 
A drawing or map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements and other pertinent features within 200 feet; and
(3) 
A topographic or contour map of adequate scale and detail to show site topography.
C. 
If the Director determines that the information submitted for the concept plan is sufficient, he/she may, at his/her discretion, recommend the applicant to proceed with submission of a preliminary or final application.
D. 
If additional information is requested by the Director after the presubmission conference, a complete application, inclusive of the information requested during the presubmission conference, shall be provided to the Development Board as part of the preliminary or final application submittal.
A. 
After the preapplication conference with the Director, and in accordance with the published submittal schedule, the applicant shall provide three paper copies and one digital copy of a preliminary site plan application. Scale of the site plan is preferred to be one inch equals 50 feet, or at a scale that is suitable for the proposed development relative to its size and is sufficiently legible for the required review to occur. The preliminary application shall be accompanied by a fee as determined by the Board of Trustees and posted in the Village offices.
B. 
The application shall be accompanied by the information listed below as determined necessary by the Director. The Director may require any or all of the following items, as he determines appropriate for the nature and scale of the proposed project. The preapplication conference may be used to determine the application requirements. A licensed professional engineer, landscape architect or land surveyor shall prepare the preliminary site plan, unless waived by the Development Board.
C. 
Site plan checklist: existing conditions.
(1) 
Legal data:
(a) 
Title of drawing, date, North arrow, scale, name and address of applicant, and person responsible for the preparation of such drawing;
(b) 
Boundaries of the property, plotted to scale;
(c) 
Property lines and names of owners of adjoining parcels;
(d) 
Current zoning district classification of property, including exact zoning district boundary if in more than one district;
(e) 
Locations, widths, elevations and names of existing and proposed adjacent streets;
(f) 
Locations, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within and adjoining the property; and
(g) 
Status of existing uses as registered or contributing historic properties.
(2) 
Natural features:
(a) 
Topographic features, including a map showing existing slope at two-foot contour intervals;
(b) 
Vegetative cover, including existing wooded areas, significant isolated trees and similar features;
(c) 
Hydrologic features should include drainage and runoff patterns, existing watercourses, wetlands, Federal Emergency Management Agency (FEMA) floodplains, and depth to groundwater; and
(d) 
Geologic features, such as depth to bedrock and the location of rock outcrops.
(3) 
Existing development and infrastructure:
(a) 
Location, use and height of all existing buildings and structures and their use;
(b) 
All existing means of vehicular ingress and egress to and from the site from and onto public streets; and
(c) 
Location of other existing development and uses, including parking and loading areas, fences, trees and landscaping.
D. 
Site plan checklist: proposed development conditions:
(1) 
Grading and drainage plan showing existing and proposed contours with intervals of five feet or less;
(2) 
Location, proposed use and height of all proposed buildings and other structures, such as retaining walls, fences, outdoor storage tanks, air-conditioning units and waste disposal units, as well as drains and culverts;
(3) 
Location, proposed use, design and construction materials of improvements not requiring structures, such as parking, loading and outdoor storage areas;
(4) 
Location and arrangement of site access and egress, including all paths for pedestrian and vehicular travel within the site;
(5) 
Location and size of water and sewer lines and appurtenant structures. Any means of water supply or sewage disposal other than extensions of existing systems should be described, including location, design and construction materials;
(6) 
Location of fire and other emergency zones, including the location of fire hydrants;
(7) 
Location, size, design and construction materials of all proposed signage;
(8) 
The proposed location, direction, power and hours of operation of proposed outdoor lighting;
(9) 
Designation of the amount of building area proposed for each use;
(10) 
Location, size, design of proposed drainage and stormwater control infrastructure;
(11) 
Landscaping plan and planting schedule, including areas of natural vegetation to remain, the treatment of buffer areas, and the location and type of trees to be planted;
(12) 
Conformance with the Village's 2012 Bicycle, Pedestrian and Trail Master Plan. The site plan application shall specify how the proposed project incorporates pertinent recommendations of the referenced Master Plan;
(13) 
Other elements integral to the proposed development, as considered necessary by the Director, including identification of any required county, state or federal permits; and
(14) 
Environmental review. Applications for site plan review shall be accompanied by a short-form or a full environmental assessment form (EAF) or a draft environmental impact statement, as required by SEQR.
E. 
Following the receipt of an application, the Director shall determine its completeness. The Director shall notify the Adirondack Park Agency ("APA") of such receipt, as required, and furnish to the APA such pertinent information as the APA may deem necessary.
F. 
Compliance with SEQR and the LWRP. The Development Board shall comply with the requirements of SEQR and the LWRP consistency review as provided for in Article XV of this code. If the time schedule for compliance with SEQR is different, the schedule should be modified to comply with SEQR for projects that are subject to an environmental impact statement ("EIS").
G. 
Public hearing and notice. After an application is determined to be complete by the Director, the Development Board shall fix a reasonable time and place for a public hearing on any such site plan review application if it deems such action would be in the public interest. Notice of the public hearing shall be provided in accordance with Part 1, § 106-20.
H. 
Development Board review of site plan application.
(1) 
Within 62 days of the receipt of a site plan application determined to be complete by the Director, the Development Board shall approve, disapprove, or approve with modifications the application. Three paper copies and one digital copy of the complete site plan application are required. A licensed professional engineer, architect, landscape architect, or land surveyor shall prepare the site plan and associated supporting materials, unless waived by the Development Board.
(2) 
Upon approval of the site plan application, the Development Board shall certify its approval on three copies of the site plan and shall forward one copies to the Director and provide one copy to the applicant. The Development Board will retain one copy as the site plan of record, and the applicant is responsible for sending the other copy to the Essex County Development Board, as applicable. Upon disapproval of a site plan, the Development Board shall notify the applicant, in writing, of its decision and its reasons for disapproval.
The decision of the Development Board shall be filed in the office of the Village Clerk and a copy thereof mailed to the applicant. The decision shall contain such findings of fact and conditions as are required by this code.
In reviewing site plans, the Development Board shall give consideration to the health, safety, and welfare of the public in general, and the residents or users of the proposed development and of the immediate neighborhood in particular. In addition, the Development Board shall ensure that the proposed project conforms with the goals and objectives of the Comprehensive Plan and the LWRP. More specifically, the Development Board shall ensure:
A. 
A positive relationship, including visual compatibility, to adjacent and nearby land uses, both public and private, with the understanding that in all cases new development should conform to the requirements of the design standards and supplementary standards, regardless of the type or quality of adjacent buildings and land uses;[1]
[1]
Editor's Note: See Article XIII, Design Standards, and Article XIV, Supplemental Standards.
B. 
The adequacy and arrangement of access and circulation, including but not limited to road widths, grade, alignment, sight distance, elements of "complete streets," location, surfaces, traffic control, walkways and pedestrian/bicycle trail connectivity, and the extent that these elements meet the goals and objectives of the Village's 2012 Bicycle, Pedestrian and Trail Master Plan;
C. 
A suitable location, arrangement, size, design and general site compatibility of buildings, lighting and signs;
D. 
The adequacy of stormwater and drainage facilities in preventing flooding, erosion, and improper obstruction of drainageways;
E. 
The adequacy of water supply and sewage disposal facilities;
F. 
The adequacy, type and arrangement of trees, shrubs and other landscaping and the retention of existing trees, wooded areas, watercourses and other natural features to the maximum extent possible;
G. 
The protection of adjacent or neighboring properties against noise, glare, dust, air pollution, unsightliness or other objectionable features;
H. 
The adequacy of fire lanes and other emergency zones and the provisions of fire hydrants;
I. 
The adequacy, arrangement, and appearance of exterior storage and parking and loading areas and their screening at all seasons of the year from the view of adjacent residential lots and streets; and
J. 
The project's impact on the community's ability to provide adequate recreation, education, fire protection and similar facilities and services to its residents and visitors.
K. 
The project's impact on the exterior appearance of any historic building or historic district.
[Amended 11-8-2021 by L.L. No. 3-2021]
The Development Board, in conjunction with its approval of any site plan review project, may impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. No permit shall be issued by the Director until all conditions are met. The Development Board may require, as a condition, that the applicant submit as-built drawings and/or other written certification, signed and stamped by a New York State licensed engineer, surveyor, landscape architect, or architect of record (or the contractor/owner if no design professional was used), to verify that the project was completed in accordance with the approved site plan. This requirement ensures that the project will be completed according to the terms and conditions of the application and approval, including, without limitation, the requirements and conditions authorized by Article XI of this code.
The Development Board, when reasonable, may waive any requirements for the approval, approval with modifications, or disapproval of site plans submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in this code adopted pursuant to § 106-63, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or appropriate to a particular site plan.