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).
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]
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.
