A.
Purpose. This article is enacted under the authority of Article 7
of the New York State Village Law to protect the health, safety, convenience
and general welfare of the inhabitants of the Village. Site plan review
regulates the development of structures and sites in a manner which
considers the following concerns and, where necessary, requires modification
of development proposals to eliminate or minimize potential problems
and nuisances. The principal areas of concern are:
(1)
The balancing of landowners' rights to use their land,
with the corresponding rights of abutting and neighboring landowners
to live without undue disturbances (e.g., noise, smoke, fumes, dust,
odor, glare, stormwater runoff, etc.);
(2)
The convenience and safety of vehicular and pedestrian movement
within the site and in relation to adjacent areas or roads;
(3)
The adequacy of waste disposal methods and protection from pollution
of surface water or groundwater; and
(4)
The protection of historic and natural environmental features
on the site under review and in adjacent areas.
B.
Intent. The intent of the site plan review process is to preserve
and enhance the character of a neighborhood, achieve compatibility
with adjacent development, mitigate potentially negative impacts on
traffic, parking, drainage and similar environmental concerns, improve
the overall visual and aesthetic quality of the Village, and increase
the capability of the Zoning Code to adapt to a variety of unique
circumstances.
A.
Approval required. No building permit may be issued or site improvement
work commence until site plan approval has been granted by the ZBA.
B.
Minor site plan review. Minor site plan review shall be required
for the following actions:
C.
Major site plan review. Major site plan review shall be required
for the following actions:
D.
Exempt actions. The following actions are exempt from major and minor
site plan review:
(1)
Construction of a single-family dwelling on a single lot or
exterior alterations or additions to single-family dwelling.
(2)
Construction or alteration of any building or structure no more
than 150 square feet in total floor area. However, the CEO shall review
such structure with respect to stormwater management prior to issuing
a building permit.
(3)
Interior alterations or renovations and the ordinary repair
or maintenance of existing structures or uses.
(4)
Maintenance or replacement of existing sign structures or placement
of signs in any district.
A.
It is recommended that applicants schedule a concept plan conference
prior to submitting a formal application to discuss the nature of
the proposed site plan and receive preliminary guidance on the application
review and approval process. A concept plan conference may be held
at any scheduled meeting of the ZBA.
B.
The purpose of the concept plan conference is to provide the applicant
with the opportunity to inform the ZBA of the proposal and seek nonbinding,
advisory direction from the Village. A concept plan conference provides
the ZBA with an opportunity to review the basic site design concept,
to advise the applicant as to potential problems and concerns, and
to generally determine the information to be required on the site
plan.
C.
In order to accomplish these objectives, the applicant shall provide
all relevant concept plan materials at least two weeks prior to the
date of the regular meeting of the ZBA at which the concept plan is
to be discussed.
D.
All discussion and comment with respect to a concept plan shall not
be construed as a formal decision by the Village or be legally binding
in any way.
E.
Materials presented during the concept plan conference may be incomplete
and/or conceptual in design. In order for such concept plan to be
considered for review and approval, a formal site plan application
will still be required in accordance with this chapter.
F.
The ZBA, upon review of the concept plan, and with the concurrence
of the CEO and/or Village Engineer, may waive requirements for application
materials for developments for which, due to character, size, location
or other special circumstances, such information is not anticipated
to be necessary for a proper review of the site plan. This shall not
preclude the ability of the ZBA to request such waived information
if found to be pertinent in the future review of the formal site plan
application.
A.
Application submittal. Minor site plan review applications shall be submitted, processed, and reviewed in accordance with Article XVI of this chapter.
B.
Administrative action. Minor site plan review shall be an administrative
action under the authority of the CEO. If desired, the CEO may refer
a minor site plan to the ZBA for review and recommendation prior to
issuing a decision.
C.
Public hearing optional. No public hearing shall be required for a minor site plan. However, upon referral from the CEO, the ZBA may elect to hold a public hearing as part of its review. See § 190-146 for additional information regarding public hearings.
D.
Required application materials. A minor site plan application shall
include the following materials, as applicable:
(1)
Site plan review application form, including the name, address,
and signature of the applicant, owner of record, and developer.
(2)
Description or narrative of all proposed uses and structures.
(3)
A certified land survey, or other document deemed acceptable
by the CEO.
(4)
A site plan showing the following:
(a)
Property lines and dimensions of the lot(s) in question.
(b)
Environmental Protection Overlay District boundary lines, as
applicable.
(c)
Complete footprints of all existing and proposed structures
with dimensions.
(d)
Setback dimensions from property boundaries to all existing
and proposed structure(s), driveways, and parking areas.
(e)
Exterior building elevations (existing and proposed) showing
all sides exposed to view and showing the location and size of all
windows, doors, trim, architectural details and indicating the type
of all exterior materials to be used for the proposed structure.
(f)
Location, height, intensity and bulb type of all external lighting
fixtures.
(5)
Plans for disposal of construction and demolition waste, either
on site or at an approved disposal facility.
(6)
Plans to prevent the pollution of surface water or groundwater,
erosion of soil both during and after construction, excessive runoff,
excessive raising or lowering of the water table, and flooding of
other properties, as applicable.
(7)
All NYS SEQR documentation as required by law.
(8)
The application fee, as established by the Village Board.
E.
Additional requirements. The CEO may request additional information
beyond what is listed in this section and may ask that be presented
in graphic form accompanied by a written text if such additional materials
are deemed necessary for a complete assessment of the site plan. The
CEO may require application materials to be prepared by a licensed
engineer, architect, or other such professional if deemed necessary
for the adequate review of the proposal.
F.
Waived requirements. The CEO may waive site plan application requirements,
as it deems appropriate. All waived requirements shall be noted in
the Board's resolution determining the application to be complete.
A.
Application submittal. Major site plan review applications shall be submitted, processed, and reviewed in accordance with Article XVI of this chapter.
B.
ZBA review. Major site plans shall be subject to review by the ZBA.
C.
Public hearing required. A public hearing shall be held by the ZBA prior to issuing a decision on any major site plan application. See § 190-146 for additional information regarding public hearings.
D.
Required application materials. An application for site plan review
shall include the following materials, as applicable. A licensed professional
engineer or registered land surveyor shall prepare all site plan materials
unless otherwise approved by the ZBA.
(1)
Site plan review application form, including the name, address,
and signature of the applicant, owner of record, and developer, and
seal(s) of the engineer, architect, or landscape architect who prepared
the site plan materials.
(2)
Description or narrative of all proposed uses and structures,
including but not limited to hours of operation, number of employees,
maximum seat capacity, and proposed number of off-street vehicle and
bicycle parking spaces.
(3)
A site plan drawn at a scale of one inch equals 40 feet or such
other scale as the ZBA may deem appropriate, on standard twenty-four
inch by thirty-six inch sheets, with continuation on eight and one-half
inch by eleven inch sheets as necessary for written information.
(4)
A certified land survey showing the boundaries of the applicant's
property under consideration in its current state plotted to scale
with the North point, scale, and date clearly indicated, or other
document deemed acceptable by the CEO.
(5)
Plans indicating the following with regard to the property in
question, where applicable:
(a)
The location of all properties, their ownership, uses thereon,
subdivisions, streets, easements, and adjacent buildings within 300
feet of the property in question.
(b)
The location and use of all existing and proposed structures
on the property in question, including all dimensions of height and
floor area, exterior entrances, and anticipated future additions and
alterations.
(c)
The location of all existing and proposed topography features,
including but not limited to site grading, open spaces, woodlands,
watercourses, steep slopes, wetlands, floodplains, and watersheds.
(d)
The location of existing and proposed landscaping, screening,
walls, and fences, including information regarding the size and type
of plants and building materials proposed.
(e)
The location of existing and proposed public and private streets,
off-street parking areas, loading areas, driveways, sidewalks, ramps,
curbs, and paths. Such plans shall include considerations for vehicular,
pedestrian, and bicycle traffic circulation, parking, and access.
(f)
The location of existing and proposed utility systems, including
sewage or septic, water supply, telephone, cable, electric, and stormwater
drainage. Stormwater drainage systems shall include existing and proposed
drain lines, culverts, catch basins, headwalls, endwalls, hydrants,
manholes, and drainage swales.
(g)
The location, height, intensity, and bulb type (sodium, incandescent,
etc.) of all external lighting fixtures. The direction of illumination
and methods to eliminate glare onto adjoining properties must also
be shown.
(h)
The location, height, size, material, and design of all existing
and proposed signs.
(6)
A detailed traffic study, upon request of the ZBA, to include:
(a)
The projected number of motor vehicle trips to enter or leave
the site, estimated for daily and peak hour traffic levels;
(b)
The projected traffic flow pattern, including vehicular movements
at all major intersections likely to be affected by the proposed use
of the site;
(c)
The impact of this traffic upon existing abutting public and
private ways in relation to existing road capacities. Existing and
proposed daily and peak hour traffic levels and road capacity levels
shall also be given.
(7)
Elevations at a scale of 1/4 inch equals one foot for all exterior
facades of the proposed structure(s) and/or alterations to or expansions
of existing facades, showing design features and indicating the type
and color or materials to be used.
(8)
Soil logs, test well, percolation test results, stormwater runoff
calculations, and tree surveys, upon ZBA request. This may include
but is not limited to plans that locate and show elevation, grades
and/or contours at intervals of not more than two feet for the existing
and proposed drainageways, drainage easements, drainage structures
and water bodies.
(9)
Plans for disposal of construction and demolition waste, either
on site or at an approved disposal facility.
(10)
Plans to prevent the pollution of surface water or groundwater,
erosion of soil both during and after construction, excessive runoff,
excessive raising or lowering of the water table, and flooding of
other properties, as applicable.
(11)
A schedule for completion of each construction phase for buildings,
parking, and landscaped areas.
(12)
Identification of any state or county permits required for the
project and record of application for and approval status of such
permits.
(13)
All NYS SEQR documentation as required by law.
(14)
The site plan application fee, as established by the Village
Board.
E.
Additional requirements. The ZBA may request additional information
beyond what is listed in this section and may ask that be presented
in graphic form accompanied by a written text if such additional materials
are deemed necessary for a complete assessment of the site plan.
F.
Waived requirements. The ZBA may waive site plan application requirements,
as it deems appropriate. All waived requirements shall be noted in
the Board's resolution determining the application to be complete.
A.
Where a special use permit is also required of a proposed site plan, the application requirements of Article XVII shall also apply. Duplicate application materials may be combined to satisfy submittal requirements.
B.
The applications may be considered concurrently; however, the ZBA
shall issue decisions for each action (special permit and site plan
review) separately.
C.
A subdivision application may be submitted in conjunction with a site plan application and processed concurrently. All subdivision applications related to a site plan must comply with Chapter 161 of the Village of Honeoye Falls Code[1] and shall be reviewed as outlined therein. Where the requirements of Chapter 161 may conflict with this chapter, the standards and procedures of this chapter shall take precedence.
All site plan applications shall be evaluated based on the following
criteria:
B.
Traffic.
(1)
Convenience, flow and safety of vehicular, pedestrian, and bicycle
movement within the site and in relationship to adjoining ways and
properties, which shall not be adversely affected to any unreasonable
degree.
(2)
Adequacy and arrangement of vehicular traffic and circulation,
including intersections, road widths, channelization structures and
traffic controls.
(3)
Adequacy and arrangement of pedestrian and bicyclist access
and circulation, including separation from vehicular traffic where
appropriate and connection both internally and externally to the site.
(4)
Adequacy of interior circulation for emergency vehicle access.
(5)
Provision of off-street loading and unloading of vehicles incidental
to the normal operation of the establishment with adequate lighting
and internal traffic control.
C.
Neighborhood.
(1)
Relationship of proposed uses to existing adjacent uses, including
but not limited to landscape transitions, buffering, and harmony of
uses.
(2)
Relationship of proposed buildings to the site, including but
not limited to building placement, access, pedestrian movement, parking,
and building scale.
(3)
Appropriateness of building design, including but not limited
to design quality and relationship to surrounding building scale,
style, materials, and sight lines.
(4)
Location, arrangement, size, design and general site compatibility
of lighting and signs.
D.
Vegetation.
(1)
Minimization of the area over which existing vegetation is to
be removed. Where tree removal is required, special attention shall
be given to planting of replacement trees.
(2)
Integration of the proposed development into the existing landscape
through design features such as vegetative buffers, roadside plantings
and the retention of open space and agricultural land.
(3)
Adequacy of landscaping and site treatment, including but not
limited to plant types and sizes, hardscape elements, lighting, setbacks,
and protection of adjacent residential uses.
E.
Stormwater, erosion, and sediment control.
(1)
Provisions shall be made to accommodate the increased runoff
caused by changed soil and surface conditions during and after development.
Stormwater management techniques and sediment basins may be required.
Such features shall be constructed prior to any on-site grading or
disturbance of existing surface material.
(2)
Ensure that stripping of vegetation, regrading or other development
will be done in such a way that will minimize soil erosion and drainage
issues. Temporary seeding and/or mulching may be required by the ZBA
to protect exposed critical areas during and after development.
F.
Open space. Provision of open spaces, yards and recreational areas
appropriate to the structure and use.
(1)
The ZBA may require a site plan containing dwelling units to
show a park or parks suitably located for playground or other recreational
purposes.
(2)
Land for park, playground or other recreational purposes may
be required where the ZBA deems that such reservations would be appropriate.
The ZBA shall determine the appropriateness of reserving lands for
park, playground or other recreational purposes pursuant to the provisions
of § 7-725-a of NYS Village Law.
(3)
Where the ZBA requires land to be set aside for parks, playgrounds
or other recreational purposes, the Board may require that the site
be graded, loamed and seeded and may require it to be fenced.
(4)
If the ZBA determines that a suitable park or parks of adequate
size cannot be properly located in any such site plan or is otherwise
not practical, the ZBA, pursuant to § 7-725-a of NYS Village
Law, shall require as a condition of approval of any such site plan
a payment to the Village of a sum to be determined by the Village
Board and set forth in a separate payment schedule, which sum shall
constitute a trust fund to be used by the Village exclusively for
neighborhood park, playground or recreation purposes, including the
acquisition of property. Such amount shall be paid to the Village
at the time of the issuance of a building permit. The payment required
herein shall be applicable to site plans for residential purposes
only.
G.
Services. Reasonability of demands placed on Village, town, and county
services and infrastructure relative to capacity.
H.
Pollution control. Adequacy of methods for sewage and refuse disposal
and the protection from pollution of both surface water and groundwater.
This includes minimizing soil erosion both during and after construction.
I.
Nuisances. Protection of abutting properties from any undue disturbance
caused by excessive or unreasonable noise, smoke, vapors, fumes, dust,
odors, glare, stormwater runoff, etc.
A.
The ZBA or CEO may impose conditions on or require modifications
of the site plan as necessary to satisfy the application review criteria
to the greatest extent practicable.
B.
Any conditions included as part of approval shall be expressly set
forth in the motion approving the site plan and incorporated into
the written decision.
Proposed amendments or revisions to an approved site plan shall
be subject to review and approval in accordance with this article.
The issuance of a new, updated site plan shall be required.
The ZBA or CEO may require the posting of a bond or other similar
performance guaranty to ensure compliance with the approved site plan
and stated conditions, as applicable. The CEO may suspend any permit
or license when work is not performed as required.
The CEO shall be responsible for the overall inspection of site
improvements, including coordination with the Village Engineer and
other officials and agencies, as appropriate.
