This article is enacted and to be construed in accordance with
§ 7-725-a of the Village Law.
A.
Intent and purpose. The overall purpose of the site plan review is
to plan for the design of commercial, residential and industrial development
when it occurs on a single parcel of land and to assess the suitability
of the proposed development to the natural conditions of the site
and compatibility with surrounding uses. Through site plan review,
it is the intent of this article to promote the health, safety and
general welfare of the inhabitants of the Village. It is also the
intent of this article to ensure the conservation, protection, preservation,
development and use of the natural and man-made resources of the Village
through the review and approval of site plans. Toward that end, this
article provides a means for the Village to:
(1)
Conserve its resources and promote the Village's economy;
(2)
Preserve water and air quality;
(3)
Minimize traffic congestion and intrusive development impacts
on nearby properties;
(4)
Ensure access for emergency vehicles (police, fire protection
and ambulance service);
(5)
Provide adequate water supply and sanitary means for sewage
and solid waste disposal;
(6)
Support positive economic development from the proposed use
without any undue or adverse impact effect on the Village, its inhabitants
and the economic resources of the Village;
(7)
Ensure the protection of open space, natural resources and preserve
historic characteristics of the Village; and
(8)
Ensure overall conservation, protection, development and use
of the unique scenic, aesthetic, wildlife, recreational, historic,
architectural, ecological and natural resources of the Village.
B.
Applicability: land uses subject to site plan approval.
(1)
Site plan approval shall be required for those uses designated
in this chapter, and to any alteration, expansion, or modification
of any previously approved site plan application, and to any alteration,
expansion, or modification of any use requiring site plan approval
as set forth in this chapter
A.
General. Before commencing any land use activity requiring site plan
review as set forth in this chapter, the owner of the property where
the activity is proposed to take place or where a person authorized
in writing to act for such owner shall, in accordance with the provisions
stated herein, submit a site plan application together with appropriate
supporting data to the Planning Board for review.
B.
Site plan. A sketch plan conference shall be held between the Planning
Board and the applicant prior to the preparation and filing of a formal
site plan with the Planning Board. The purposes of such a conference
are: 1) to enable the applicant to inform the Planning Board of a
proposal prior to the preparation of a detailed site plan; and 2)
for the Planning Board to review the basic site design concept, advise
the applicant as to potential problems and concerns; and 3) to generally
determine the information to be required on the site plan and for
a complete application. In order to accomplish these objectives, the
applicant shall provide the following:
(1)
A statement and rough sketch map based on a Tax Map or other
survey map showing the locations and dimensions of principal and accessory
structures, parking areas, access signs, existing and proposed vegetation
and other proposed features, anticipated changes in the existing topography
and natural features;
(2)
A site location map showing the parcel that is the subject of
the application for site plan review and surrounding properties, subdivisions,
public and private roads, streets, right-of-way, easements and other
pertinent features, e.g., Washington County highway map; and
(3)
A topographic or contour map to show site topography from a
United States Geological Survey (USGS) sheet or map.
C.
Application for site plan approval. To apply for site plan approval,
an applicant shall complete a site plan application form. The application
shall be submitted to the Village Clerk at least 15 days prior to
the regularly scheduled meeting and shall be accompanied by all fees
and data required by the applicable schedule of Village of Fort Edward
fees. Application, payment and all supporting documentation are to
be submitted by the 4:00 p.m. on the first business day of the month.
D.
Site plan submission requirements. The site plan submitted for approval
and supporting documentation shall include, at a minimum, all of the
following information:
(1)
Site map. The plat to be filed with the Village Clerk. The size
of the sheets shall be 11 inches by 17 inches or larger, including
a margin for binding of two inches, outside of the border, along the
left side and a margin of one inch outside of the border along the
remaining sides. It is the preference that such plans be 11 inches
by 17 inches, provided that if the applicant or the Planning Board
determine that the project cannot be adequately reviewed due to the
size of such plans, such larger plans as the applicant or the Planning
Board may request or require shall be submitted. This shall be drawn
at a scale of one inch to equal 50 feet or larger and shall show existing
topography at contour intervals of not more than five feet. This map
shall show the site area and any pertinent natural features that may
affect the proposed use such as watercourses, wetlands, wooded areas,
areas subject to flooding, flood zones, etc. The plat shall show:
(a)
The title of the site plan, including name and address of applicant
and person responsible for preparing such drawing.
(b)
North arrow, scale and date.
(c)
Boundaries of property plotted to scale.
(d)
Location, size and existing use of buildings and other structures
on premises.
(e)
Location and ownership identification of all adjacent lands
including across roadways and waterways.
(f)
Location, name and width of existing adjacent roads.
(g)
Location, width and identification of all existing and proposed
rights-of-way, easements, setbacks, reservations and areas dedicated
to public use on site or on an adjoining the property.
(h)
Location of steep slopes, wetlands, flood- and erosion-prone
areas, watercourses and natural drainage patterns.
(i)
Location of significant trees, shrubs and/or edge of wooded
areas.
(j)
Location of all structures, significant environmental features
and utilities within 100 feet of the property line.
(k)
Development plan map. This is a detailed plan for the proposed
development, drawn to scale of one inch to equal 50 feet or larger
and may be on one or more sheets. The site development plan illustrates
the location of all existing or proposed site improvements, including
drains, culverts, retaining walls and fences; provides a description
or shows the location of proposed buffer areas; the design of lighting
facilities and signs; all automobile parking and all parking for commercial
vehicles while loading and unloading; and the location and width of
all driveways, exits and entrances. In addition, the site development
plan shall set forth the following:
[1]
Grading and drainage plan, showing existing and proposed contours
and watercourses if a change in topography is proposed.
[2]
Locations, type of construction and exterior dimensions of all
buildings and other structures.
[3]
Identification of the amount of gross floor area (GFA) proposed
for retail sales and services, offices and other commercial or industrial
facilities.
[4]
Location, type of construction and area of all parking and truck
loading areas, showing access and egress points to the site.
[5]
Provision for pedestrian access and circulation, including public
and private sidewalks, if applicable.
[6]
Location and intended use of outdoor storage, if any.
[7]
Location and construction materials of all existing or proposed
site improvements including drains, culverts, berms, retaining walls,
fences, patios, paved areas and decks.
[8]
Description of the method of sewage disposal and the location
of such facilities.
[9]
Location of waste storage containers, including proposed solid
waste and hazardous waste collection, storage and staging areas.
[10]
Description of the method of securing water, location
of such facilities and approximate quantity of water required.
[11]
Location of fire lanes and other emergency zones,
including the location of fire hydrants, if required.
[12]
Location, design and construction materials of
all energy generation and distribution facilities, including electrical,
gas, hydro, solar and wind energy.
[13]
Location, size, design and type of all proposed
temporary and permanent signs.
[14]
Location and development of all proposed buffer
areas, including indication of existing and proposed vegetative cover.
[15]
Location and design of existing and proposed outdoor
lighting, including height, type, bulb type/style and hours of operation.
[16]
Proposed planting plan, including screening and
buffer areas with the planting and general landscaping schedule.
[17]
Record of applications and approval status of
all necessary permits from federal, state, county and local offices
and agencies.
[18]
Estimated project construction schedule.
[19]
Other elements integral to the proposed development
as may be specified by the Planning Board at the sketch plan conference,
such as contour intervals or licensed survey, etc.
[20]
Elevations or cross-sections of proposed buildings.
(l)
Elevations and/or cross-sections, illustrating front, rear and
side profiles drawn to the scale of 1/8 inch equals one foot, may
be required by the Planning Board. The elevations and/or cross-sections
shall clearly delineate dimensions of all buildings, building materials
and other permanent structures included in the proposal, including
the dimensions and height of lighting facilities and signs.
(m)
The Planning Board shall require, as appropriate, engineering
plans prepared by a licensed professional to illustrate and describe
such development aspects as: road improvements, drainage systems,
grading plan, public or private utility systems, sewer and water facilities
and such other supporting data as may be necessary.
(n)
The Planning Board shall have the authority to require such
additional information as it may deem reasonably necessary to adequately
and properly review the site plan application.
(o)
SEQRA compliance. In addition to the above list, the applicant
shall prepare and file with the site plan application, the New York
State Environmental Assessment Form (EAF) to allow the Planning Board
to determine the applicability of the State Environmental Quality
Review Act. (SEQRA). The Planning Board shall determine compliance
and comply with SEQRA prior to site plan approval.
(p)
Verification of ownership. If the person filing the site plan
application is the owner of the property on which the land use activity
is proposed, a notarized statement to that effect shall be filed,
giving the name(s) of the owner(s) of the property.
(q)
Designated agent. For non-owner applicants, a notarized written
permission of the owner(s) that references the proposed land use shall
be filed with the Planning Board.
(2)
Acceptance of application. The Planning Board shall, within
45 days of the filing of a site plan application, or at its next regular
meeting after such filing, whichever is sooner, decide whether to
accept the application as complete and begin the review process, or
to reject the application as incomplete. If the Planning Board deems
the application incomplete, rather than rejecting the application,
the Planning Board may request such additional information that it
deems necessary to complete the application, and provide for such
time as it deems sufficient for the applicant to submit such additional
information. If the Planning Board requires a draft environmental
impact statement (DEIS) or if one is filed by the applicant(s), then
the application shall not be deemed complete until the DEIS is filed
and accepted by the Planning Board. If the Planning Board deems an
application incomplete, it shall then notify the applicant(s), in
writing, of the deficiencies.
(3)
Segmentation. The site plan applications and associated maps
shall include all proposed phases of development. Site plan approval
shall be based on the total planned project in order to facilitate
the assessment of all potential development impacts. The Planning
Board shall consider applications incomplete where there is reason
to believe the application applies to only a segment of the total
planned development. In such situations, the Planning Board shall
return such application to the applicant together with a letter stating
the basis for its determination.
(4)
Referral to other agencies and boards. After determining an
application complete, the Planning Board, if required by § 239-m
of General Municipal Law, shall refer the site plan application to
the Washington County Planning Board. If a public hearing is required
or deemed necessary by the Planning Board, then notice of the proposed
action accompanied with a full statement must be sent to the Washington
County Planning Board at least 10 days before public hearing. The
Planning Board may also coordinate its review (if not otherwise required
by state law) or consult with federal, state and local agencies and
boards. The Planning Board will also comply with any other requirements
of General Municipal Law §§ 239-n and 239-nn, as applicable.
(5)
Public hearing. The Planning Board shall conduct a public hearing
on site plan applications within 62 days after it has determined an
application to be complete. It shall then advertise such hearing at
least 10 days in advance of the public hearing in a local newspaper
of general circulation. The Planning Board shall also mail a notice
of the hearing to the applicant(s) and adjoining landowners at least
10 days before the hearing and the costs of such mailing shall be
borne by the applicant(s).
(6)
Decision. Within 62 days of the close of the public hearing
or acceptance of the application, the Planning Board shall render
a decision to approve, approve with conditions or modifications, or
disapprove the site plan application.
(a)
Approval. Upon approval of the site plan and payment by the
applicant(s) of all fees and reimbursable costs due to the Village,
the Planning Board shall endorse its approval on a copy of the site
plan and immediately file a copy of the site plan with a written statement
of approval with the Village Clerk. A copy of the written statement
of approval shall be mailed to the applicant(s) by mail.
(b)
Approval with modifications. The Planning Board may approve
the site plan and require specific modifications be made. A copy of
the written statement shall be mailed to the applicant(s) by mail.
The Planning Board shall endorse its approval on a copy of the site
plan containing the required modifications and immediately file the
site plan and a written statement of approval with the Village Clerk.
(c)
Disapproval. Upon disapproval of the site plan, the decision
of the Planning Board shall be immediately filed with the Village
Clerk and a copy thereof mailed to the applicant(s) with a letter
stating the Planning Board's reason(s) for disapproval.
(7)
Extension of time to render decision. Any time limitation in
this article may be extended by mutual consent of the applicant(s)
and the Planning Board.
(8)
Less intensive review. The Planning Board may conduct a less intensive review for projects that do not have significant potential adverse impact on neighboring properties and uses. The Planning Board may waive certain requirements of Subsection C above for such projects. The Planning Board, however, must state the application requirements being waived, its grounds for waiving such application requirements and file such statement along with the site plan application and supporting documents.
(9)
Reimbursable costs. The Planning Board may engage its own consultants
in the review of a site plan application and ask the applicant(s)
to pay its reasonable and actual costs of doing so. Such costs shall
not exceed $3,500 without notification to the applicant.
(10)
All application fees shall be set as outlined in section § 350-7-10
of this chapter.
A.
General objectives. Sites to be developed shall be of such character
that they can be safely used for building purposes without danger
to the public health or safety, or peril from fire, flood, or other
causes. New development shall be compatible with the rural, small
Village character of the community.
(1)
Location, arrangement, size, construction materials and overall
design of the project, including but not limited to structures, lighting,
signs, fences and all landscaping must be compatible with the natural
surroundings and existing structures.
(2)
Consideration of aesthetics in the project design.
(3)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(4)
Location, arrangement, appearance and sufficiency of off-street
parking; and loading for commercial facilities.
(5)
Adequacy of snow storage, stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy of site design for fire protection with particular
attention to access for emergency vehicles.
(8)
Adequacy and arrangement of pedestrian access and circulation.
(9)
Compatibility with and protection of adjacent uses, particularly
residential uses, through landscaping, vegetative and other screening,
buffering, planting and buffer zones, procedures used during construction
and restrictions on outside activities.
(10)
Proposed fences shall be of sufficient height to screen visually
from adjacent uses, but shall not be of such a height or placed in
such a manner as to interfere with sight distance related to traffic
and well as access to any thoroughfare.
(11)
Buffering, screening and fencing materials shall be of such
a character and be placed so as to be in character with the surrounding
areas.
(12)
Protection of environmentally sensitive areas.
(13)
Mitigation of the adverse effects of smoke, noise, glare, vibration,
odors emissions or noxious and offensive uses. No land use shall generate
excessive audible sound at the lot line, taking into consideration
the surrounding land use.
(14)
Absence of dangerous or hazardous activities and materials.
(15)
Natural resource considerations. In general, sites to be developed
should avoid areas where the following conditions are present:
(a)
Slopes greater than 15%.
(b)
Bedrock less than five feet from the surface and areas of frequent
rock outcrops.
(c)
Areas of high groundwater (seasonal or permanent).
(d)
Soils with excessively slow or fast percolation.
(e)
Flood hazard areas.
(f)
Regulated freshwater wetlands (New York State Department of
Environmental Conservation and Army Corps of Engineers.
(g)
Shores of water bodies, banks of watercourses or the headwaters
of a watershed.
(16)
Village design guidelines. To help insure that new development
is compatible with the character of the Village, the Planning Board
shall apply the following design guidelines to its review of site
plans:
(a)
Whenever feasible, retain and reuse streets and driveways instead
of constructing new roads and driveways.
(b)
Whenever feasible, new buildings should be placed on the lot
in similar locations to buildings located on adjacent parcels.
(c)
Color schemes should be such that they will complement the neighborhood
and adjoining land uses and building materials should be similar to
and compliment those in the neighborhood where the use is to be located
or modified.
(d)
Minimize clearing of vegetation.
(e)
Whenever feasible, situate parking lots to the side and rear
of buildings, and parking lots should contain islands or other planting
schemes acceptable to the Planning Board to prevent large expanses
of pavement.
(f)
Lighting should be designed and arranged so as to minimize glare
on adjacent properties and onto public places.
(17)
Site access standards. Site plan approval should be conditional
upon the applicant(s) obtaining any necessary curb-cut permits. In
addition, site plans should comply (if applicable) with the following
site access guidelines:
(a)
Access drives shall be constructed and maintained so as to provide
for year-round access.
(b)
In cases where sites have frontage on more than one street,
the principal point of access shall be from the secondary street (whenever
feasible).
(c)
Driveways shall be combined (whenever feasible) to minimize
the number of access points onto streets.
(d)
There shall be a maximum of one driveway entrance per developed
lot.
(e)
Driveway grade and width shall be such that adequate and safe
access is provided for emergency and service vehicles during all seasons.
A.
Performance guarantees. A certificate of occupancy shall only be
issued when all improvements shown on the site plan are installed
in accordance with site plan approval or a performance guarantee has
been provided by the applicant(s) for uncompleted improvements. Such
guarantees may include one or a combination of the following:
(1)
A bond executed by a surety company equal to the cost of such
improvements. Any such bond shall require the approval of the Village
Board in consultation with the Attorney for the Village as to form,
sufficiency, manner of execution and surety;
(2)
A certified check in a sufficient amount up to the cost of the
improvements. The certified check shall be placed in an escrow account
established by the Village for this purpose;
(3)
A letter of credit that is of sufficient amount to cover 110%
of the costs of the improvements. Letters of credit shall require
the approval of the Village Board in consultation with the Attorney
for the Village as to form, sufficiency and manner of execution and
shall be duly notarized;
(4)
A waiver under appropriate certain circumstances.
The Planning Board shall specify the time frame for completion
of improvements in its decision on the application. When a certified
check or performance bond is issued, the Village and the applicant(s)
shall enter into a written agreement itemizing the schedule of improvements
in sequence with the cost opposite each phase of construction or installation.
Each cost as listed shall be repaid to the applicant(s) upon completion
and approval after inspection by the Village of the improvement. The
Planning Board shall send a letter to the applicant(s) that provides
sufficient evidence for the release by the Village of the portion
of the performance bond or certified check as designated in the contract
to cover the cost of the completed improvement.
