A.
The Village of Bloomfield Planning Board is hereby empowered to grant
site plan approval in accordance with the provisions of § 7-725
of the New York State Village Law.[1] Those identified zoning permit applications or special use permits requiring site plan approval as a prerequisite shall be regulated as set forth in this section. The application procedures for zoning permits or special use permits are contained in Articles IV and IX of this chapter.
[1]
Editor's Note: Section 7-725 of the Village Law was repealed
7-1-1993 by L.1992, c. 694, § 3. See now § 7-725-a,
Site plan review.
B.
To determine whether site plan approval is to be required by the
Village Planning Board, refer to the specific zoning district and/or
overlay zoning sections of this chapter. Generally speaking, site
plan approval is required for site developments of permitted uses
occurring within the following districts:
(1)
MR, Multiple Residence.
(2)
MH, Manufactured Home Park.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
LI, Light Industrial.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
GI, General Industrial.
(5)
RB-1, Restricted Business.
(6)
CC, Community Commercial.
(7)
VC, Village Center.
Generally speaking, site plan approval is required for site
developments of special permit uses occurring within the following
districts:
(8)
MR, Multiple Residence.
(9)
MH, Manufactured Home Park.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(10)
LI, Light Industrial.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(11)
GI, General Industrial.
(12)
RB-1, Restricted Business.
(13)
CC, Community Commercial.
(14)
VC, Village Center.
C.
In conducting its review and approval of any site plan application,
the Village Planning Board shall require that all provisions of this
chapter are complied with.
A.
Site plan approval shall be required as a prerequisite prior to the
issuance of a building permit for proposed actions which meet one
or more of the thresholds defined in this section. The Code Enforcement
Officer shall notify an applicant for a building permit where site
plan approval is required.
B.
The thresholds which determine the need for site plan approval are
as follows:
(1)
Any new principal permitted use.
(2)
Any new special permit use.
(3)
The legal conversion of the use of an existing structure from
one type of use to another.
(4)
An addition to a legally existing use, or the legal conversion
of the use of an existing structure which would require five or more
new parking spaces.
(5)
An addition or the alteration of a legally existing structure
which would increase the gross floor area by 15% or more, and having
a construction cost of more than $5,000.
C.
The Code Enforcement Officer (CEO) shall determine if an applicant
meets one or more of the thresholds listed above. If the applicant
does not meet any of the thresholds, the CEO shall issue a building
permit and/or certificate of zoning compliance, provided that the
proposed action is consistent with the applicable regulations of this
chapter.
D.
If the CEO determines that site plan approval by the Planning Board
is required, the CEO will advise the applicant as to applicable procedures
and requirements.
A.
An application for site plan approval shall initially be made in
writing to the Code Enforcement Officer and shall contain the following
information:
(1)
Nature of proposed development.
(2)
Section of chapter requiring site plan approval.
(3)
Location of proposed development.
(4)
Description of property involved, including tax account number.
(5)
A complete and signed environmental assessment form (Part 1).
(6)
Request to appear before the Village Planning Board at a regularly
scheduled meeting.
B.
Upon review of said application letter, the Code Enforcement Officer
shall prepare a written response to the applicant containing the following
information:
(1)
Date of Planning Board meeting at which the application for
site plan approval will be discussed.
(2)
A preliminary indication under SEQR as to the type of action
involved and appropriate SEQR forms to be completed by the applicant
or agent.
(3)
A tentative time schedule for conceptual, preliminary, and final
site plan approval (See Schedule III for format[1]).
[1]
Editor's Note: Schedule III, Development Review Procedures,
is included as an attachment to this chapter.
(4)
Criteria for site plan preparation, fees, and any other information
the Code Enforcement Officer deems appropriate.
(5)
A notification by the CEO of the potential need for variances
does not constitute a denial of the site plan zoning permit, or building
permit which action would otherwise serve as the basis for appeal
to the Zoning Board of Appeals. Only upon the Planning Board's denial
of a preliminary site plan may an applicant either then have standing
to appeal the Planning Board's decision or seek the variances necessary.
C.
The Planning Board shall, for each preliminary site plan application,
determine whether a public hearing would serve a community benefit.
The process for site plan approval, including the time frames for
making decisions, shall coincide with that set forth in Schedule III
of this chapter.[2]
[2]
Editor's Note: Schedule III, Development Review Procedures,
is included as an attachment to this chapter.
A.
Upon receipt of said Code Enforcement Officer's report, the applicant
may prepare a concept site plan for review by the Planning Board,
which contains the following information:
(1)
Title of drawing.
(2)
An area map showing the parcel under consideration for site
plan review, and all properties, subdivisions, streets, and easements
within 500 feet of the boundaries thereof.
(3)
Internal street pattern, if any, of the proposed development.
(4)
Location of all existing structures and vegetation on the site
and the future use of the same.
(5)
Existing zoning classification(s) of the property and all properties
within 500 feet, and any restrictions on land use of the site.
(6)
Existing natural features on the site and the future use of
the same.
(7)
Contour intervals at the five-foot interval, unless the Planning
Board specifies otherwise.
(8)
Names of owner and owners of adjacent properties.
B.
The Planning Board shall consider all concept site plans at its regularly
scheduled meeting and may, at this stage, suggest changes in the plan
involving the street layout, traffic patterns, lot size or shape,
preservation of natural features, or other matters, and suggest redesign
to comply with zoning requirements or reduce the need for variance,
which, in the Board's opinion, will improve the layout in keeping
with the best interests of the Village.
C.
The Planning Board shall be permitted a reasonable time to review
a concept site plan and make comments, but in no instance longer than
60 days from the time of Planning Board's receipt.
D.
The Planning Board shall inform the applicant of the State Environmental
Quality Review (SEQR) procedural requirements that must be resolved
prior to any action on a preliminary site plan application.
Application for preliminary site plan approval shall be made,
in writing, to the Code Enforcement Officer and shall be accompanied
by information drawn from the following checklist, as determined necessary
by the Planning Board at the concept plan review:
A.
Title of drawing, including name and address of applicant and person
responsible for preparation of such drawing (NYS registered architect,
engineer, or surveyor).
B.
North arrow, scale (i.e., one inch equals 50 feet) and date.
C.
Boundaries of the property plotted to scale.
D.
Existing watercourses.
E.
Grading and drainage plan, showing existing and proposed contours.
F.
Location, proposed use, and height of all buildings.
G.
Location, design and construction materials of all parking and truck-loading
areas, showing access and egress.
H.
Provision for pedestrian access.
I.
Location of outdoor storage, if any.
J.
Location, design, and construction materials of all existing or proposed
site improvements, including drains, culverts, retaining walls, and
fences.
K.
Description of the method of sewage disposal, and location, design,
and construction materials of such facilities.
L.
Description of the method of securing public water, and location,
design, and construction materials of such facilities.
M.
Location of fire and other emergency zones, including the location
of fire hydrants.
N.
Location, design, and construction materials of all energy distribution
facilities, including electrical, oil, gas, and solar energy.
O.
Location, size, design, and construction materials of all proposed
signs.
P.
Location and proposed development of all buffer areas, including
existing vegetative cover.
Q.
Location and design of outdoor lighting facilities.
R.
Designation of the amount of building area proposed for retail sales
or similar commercial activity.
S.
General landscaping plan and planting schedule.
T.
Other elements integral to the proposed development as considered
necessary by the Planning Board, including identification of any state
or county permits required for the project's execution, and SEQR documents.
U.
A map or tracing overlay showing all soil areas and their classifications
and those areas, if any, with moderate to high susceptibility to flooding
and moderate to high susceptibility to erosion. The overlay shall
also include an outline and description of existing and planned vegetation
for areas with potential erosion problems.
V.
A map detailing the proposed stormwater drainage system.
W.
Appropriate fees must be submitted with the application.
A.
The Planning Board's review and approval of a preliminary site plan
shall include, as appropriate, but is not limited to, the following:
(1)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers,
and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic,
and overall pedestrian convenience.
(3)
Location, arrangement, appearance, and sufficiency of off-street
parking and loading.
(4)
Location, arrangement, size, design, and general site compatibility
of buildings, lighting, and signs.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type, and arrangement of trees, shrubs, and other
landscaping constituting a visual and/or noise buffer between the
applicant's and adjoining lands, including the maximum retention of
existing vegetation.
(8)
In the case of an apartment complex or other multiple dwelling,
the adequacy of usable open space for play areas and informal recreation.
(9)
Protection of adjacent or neighboring properties against noise,
glare, unsightliness, or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones, and the provision
of fire hydrants.
(11)
Special attention to the adequacy of structures, roadways, and
landscaping in areas with susceptibility to ponding, flooding, and/or
erosion.
B.
In its review, the Planning Board may consult with the Village Engineer,
the Fire Chief of the East Bloomfield-Holcomb Volunteer Fire Department,
Ontario County Planning Department, and other town and county officials,
as well as with representatives of federal and state agencies.
C.
The Planning Board may require the exterior design of all structures
be made by or under the direction of a registered architect, whose
seal shall be affixed to the plans, and to submit landscape plans
made by or under the direction of a registered landscape architect,
together with an estimate of the cost of installing same.
D.
The process for site plan approval, including the time frames for
making decisions, shall coincide with that set forth in Schedule III
of this chapter.[1]
[1]
Editor's Note: Schedule III, Development Review Procedures,
is included as an attachment to this chapter.
E.
The Planning Board shall, for each preliminary site plan application,
determine whether a public hearing would serve a community benefit.
When the Planning Board decides to conduct a public hearing on preliminary
site plan, said public hearing shall be conducted within 60 days of
the receipt of the complete application for preliminary site plan
approval and shall be advertised in the official newspaper of the
Village at least 10 days before the public hearing. The Planning Board,
by resolution, can waive the right to public hearing on final plans
if changes are not substantial. All landowners within a 200-foot radius
of the proposed project shall be notified by the applicant by mail
at least 10 days before the public hearing.
A.
Within 60 days of the Planning Board's publication of a complete
application for preliminary site plan approval, the Planning Board
shall act on it. If no decision is made within said sixty-day period,
the preliminary site plan shall be in considered approved and the
applicant so notified. The Planning Board's action shall be in the
form of a written statement to the applicant stating whether or not
the preliminary site plan is approved, disapproved, approved with
modifications, or approved by default when not reaching a timely decision
within the time period specified, or in Schedule III.[1]
[1]
Editor's Note: Schedule III, Development Review Procedures,
is included as an attachment to this chapter.
B.
The Planning Board's statement may include recommendations of modifications
to be incorporated in the final site plan, and conformance with said
modifications shall be considered a condition of approval. If the
preliminary site plan is disapproved, the Planning Board's statement
shall contain the reasons for such findings. In such a case, the Planning
Board may recommend further study of the site plan and resubmission
to the Planning Board after it has been revised or redesigned.
C.
If the preliminary site plan identifies the need for dimensional
variances, then the Planning Board shall notify the Board of Appeals
and the applicant of what variance(s) the Board believes would be
appropriate based on their review of the preliminary site plan. The
Planning Board report shall be considered by the Board of Appeals
in its deliberation on any variance request(s). Once variances have
been granted by the Board of Appeals, the applicant may proceed for
final site plan approval. If the variances are denied, the applicant
shall submit a revised site plan complying with the dimensional requirements
of the zoning district.
D.
No modifications of existing stream channels, filling of lands, grading,
or removal of vegetation in areas with a moderate to high susceptibility
to erosion, or excavation for construction of site improvements shall
begin until the developer has received final site plan approval. Failure
to comply shall be construed as a violation of this chapter and, where
necessary, final site plan approval may require the modification,
restoration, or removal of unapproved site changes.
A.
After receiving conditional approval from the Planning Board on a
preliminary site plan, the applicant may prepare his final detailed
site plan and submit it to the Planning Board for approval. If more
than six months have elapsed between the time of the Planning Board's
report on the preliminary site plan, and if the Planning Board finds
that conditions have changed significantly in the interim, the Planning
Board may require a resubmission of the preliminary site plan for
further review and possible revision prior to accepting the proposed
final site plan for review.
B.
The final detailed site plan shall conform substantially to the preliminary
site plan that received preliminary site plan approval. It should
incorporate any revisions or other features that may have been recommended
by the Planning Board at the preliminary review. All such compliances
shall be clearly indicated by the applicant on the appropriate submission.
C.
The following additional information shall accompany an application
for final site plan approval:
(1)
Detailed sizing and final material specification of all required
improvements; and
(2)
An estimated project construction schedule;
(3)
A detailed plan identifying all lands, easements, and rights-of-way
which shall be commonly owned, with the identification of the association
responsible for said ownership, the method of managing commonly owned
properties, and requiring that the officers of said association shall
be identified to the Code Enforcement Officer, in writing, on an annual
basis; and
(4)
Information specifying the materials to be used and information
as to the character of the exterior design.
A.
Within 60 days of the receipt of a complete application for final
site plan approval, the Planning Board shall render a decision to
the applicant and the Code Enforcement Officer.
B.
Upon approval by all involved agencies, an application for the site
plan approval by the Planning Board shall direct the Planning Board
Chairman to endorse its approval on the original Mylar and one copy
of the final site plan. Once signed, the Planning Board shall forward
it to the Code Enforcement Officer, who shall then issue a zoning
permit to the applicant if the project conforms to all other applicable
requirements and permits.
C.
Upon disapproving an application, the Planning Board shall so inform
the Code Enforcement Officer and the applicant. The Code Enforcement
Officer shall deny a zoning permit to the applicant. The Planning
Board shall also notify the applicant, in writing, of its decision
and its reasons for disapproval. A copy of the appropriate minutes
may suffice for this notice.
A.
Expiration of site plan approval. Such site plan approval will automatically
terminate one year after it is granted unless significant work has
been done on the project.
B.
Reimbursable costs/escrow.
(1)
The Village Board of Trustees, Board of Appeals, and Planning
Board, in the review of applications made to them as provided for
in this chapter, may refer any such application presented to them
to such engineering, architectural, historical, planning, technical,
environmental, or legal consultant, or attorney, as shall be necessary,
in the opinion of the respective Board, to enable them to review such
application as required by law. The amount of the fee shall be determined
by the respective Board and the professional consultant at the time
the application is made. Each of the consultants shall estimate his
fees based on the services to be rendered on behalf of the Village
from a review of the application, including such documents, maps,
plans, specifications, drawings and the like as may be a part of the
same.
(2)
When the amount of the fee or fees has been determined, the
applicant shall make an escrow deposit with the Village, equal to
the amount of the fees so determined. This escrow deposit shall be
utilized to pay the cost of the special consultant's fees involved.
The applicant's application shall not be deemed complete until such
time as said escrow deposit has been made. If during the course of
the review the need for further specialist consultation is deemed
reasonably necessary by the Board, the same cost estimate and escrow
deposit procedure shall be followed.
(3)
Upon completion of said review and within a period of 60 days
thereafter, the Board shall adopt a resolution specifying whether
the escrow deposit amount specified was sufficient, excessive, or
insufficient. In the event that a respective Board should determine
that said amount is excessive, then the balance shall be returned
to the applicant. In the event that the Board should determine that
the escrow deposit was insufficient, it shall so specify and the applicant
shall be required to make payment of such additional amount. Any permit,
approval, or other such consent granted by a Board shall be suspended
unless and until the Village has received payment in full of such
additional amount.
C.
Performance guarantee. No zoning permit shall be issued until all
improvements shown on the site plan are installed or a sufficient
performance guarantee, approved by the Village Board, has been posted
for improvements. The sufficiency of such performance guarantee shall
be determined by the Village Board after consultation with the Code
Enforcement Officer, Village Engineer, Planning Board, and Village
Attorney.
D.
Inspection of improvements and development. The Code Enforcement
Officer shall be responsible for the overall inspection of site improvements,
including coordination with the Village officials and agencies, as
appropriate. No certificate of occupancy shall be granted prior to
a final inspection and determination of conformity to the site plan
and New York State Building Code.
E.
Integration of site plan approval procedure with other Planning Board
approvals. Whenever the particular circumstances of a proposed development
require compliance with either the special use permit procedure or
the requirements of the Village's land subdivision regulations,[1] the Planning Board shall attempt to integrate, as appropriate,
site plan review as required by this section with the procedural and
submission requirements for such other compliances. In any case, all
state permits and local land use control approvals shall be procured
prior to the issuance of a Buildings Permit for a development project.
F.
Conflicts. If any conflicts exist between this site development plan
review procedure and other land use controls of the Village, this
section shall apply.
