The Village of Montour Falls Planning Board is authorized, in
accordance with the New York State Village Law, to review and approve,
approve with modifications or disapprove site plans connected therewith.
Site plan review shall be required for all new nonresidential uses,
nonagricultural changes of use and such other uses as the Village
Board may from time to time designate by local law. The purpose of
site plan review is to provide for the review and approval of development
plans to ensure that land development occurs in harmony with surrounding
uses without adversely impacting neighboring parcels, property values,
public facilities, infrastructure, or the natural environment. Site
plan review allows for discretionary review of the site configuration
and architectural design of projects which, due to their magnitude,
are more likely to have significant impacts on their surroundings.
The following procedures shall apply:
An applicant may submit a preliminary site plan for review and
advice by the Planning Board. Such a preliminary site plan should
provide locations and dimensions of the proposed use in relation to
the property boundaries and adjacent uses. It should also indicate
all accesses and improvements both existing and proposed and any site
features which could have a bearing on the project including the general
topography and existing ground cover. Should such preliminary site
plan involve one-time additions of less than 10% and 200 square feet
in floor area or accessory uses or structures, the Village Code Enforcement
Officer may review and approve the site plan on its own. If these
thresholds are exceeded, however, the site plan shall be referred
to the Planning Board. If referred to the Planning Board, this preliminary
plan shall be used by such Board as a basis for advising the applicant
regarding information it shall require on the site plan before it
conducts a public hearing or takes any action with respect to the
plan. The Planning Board shall give no approval or disapproval regarding
any preliminary site plan but may use it to schedule a public hearing
if sufficient data is available, determine if any provisions of this
article should be waived or begin its review of the application under
the New York State Environmental Quality Review Act ("SEQRA").
The Planning Board shall be under no obligation to schedule
a public hearing or take any action with respect to a site plan review
application until formal application has been made on forms provided
by the Board and a detailed site plan providing the following information
has been submitted:
A. The location of all existing watercourses, wooded areas, rights-of-way,
roads, structures or any other significant man-made or natural feature,
if such feature has an effect upon the use of said property.
B. The location, use and floor or ground area of each proposed building,
structure or any other land use, including sewage disposal and water
supply systems.
C. The location of all significant landscaping and ground cover features,
both existing and proposed, including detailed planting plans and
a visual depiction or rendering of the final appearance of the property
after all landscaping and other physical improvements are completed.
D. The location, dimensions and capacity of any proposed roads, off-street
parking areas or loading berths, including typical cross-sections
for all paving or regrading involved.
E. The location and treatment of proposed entrances and exits to public
rights-of-way, including traffic signals, channelization, acceleration
and deceleration lanes, widenings or any other measure having an impact
on traffic safety conditions.
F. The location and identification of proposed open spaces, parks or
other recreation areas.
G. The location and design of buffer areas and screening devices to
be maintained.
H. The location of trails, walkways and all other areas proposed to
be devoted to pedestrian use.
I. The location of public and private utilities, including maintenance
facilities.
J. The specific locations of all signs existing and proposed, including
a visual depiction of the latter.
K. Preliminary architectural plans for the proposed buildings or structures,
indicating typical floor plans, elevations, height and general design
or architectural styling.
L. A completed SEQR Environmental Assessment form.
M. Any other information required by the Planning Board which is clearly
necessary to ascertain compliance with the provisions of this chapter
and limited to such information.
The Village of Montour Falls Planning Board shall, pursuant
to the aforementioned Village Law, have the right to waive, when reasonable,
any of the requirements of this article for the approval, approval
with modifications or disapproval of and site plans submitted for
approval. This waiver authority 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 are inappropriate
to a particular site plan. Any such waiver shall be subject to the
following conditions:
A. No waiver shall result in allowing a use not permitted within the
applicable Zoning District.
B. No waiver shall be given with respect to standards outside the scope
of this article which would otherwise require a variance from the
Zoning Board of Appeals.
C. Waivers shall be limited to those situations where the full application
of the requirements contained herein would generate unnecessary data
and create unnecessary costs with regard to deciding the matter at
hand, due to the scope or nature of the project involved. The proposed
enclosure of a deck or a simple change of use with no significant
structural modifications in the case of a commercial property, for
example, might not require typical cross-sections for proposed regrading
or water supply data.
D. An applicant for site plan approval who desires to seek a waiver
of certain of the above-referenced requirements pertaining to such
applications shall submit a preliminary site plan as provided above.
The Planning Board shall review the preliminary site plan, advise
the applicant as to potential problems and concerns and determine
if any additional site plan information is required. The Planning
Board shall consider such site plan as adequate when, in its judgment,
the information submitted is sufficient to make a determination of
compliance with the development standards contained herein and the
intent of site plan review criteria found below.
E. The Village of Montour Falls Planning Board, following a public hearing
in conjunction with other matters before the Board, shall be permitted
to modify the standards of this chapter to the extent of 10% of the
stated criteria where the circumstances otherwise meet the tests for
an area variance as set forth herein.
F. Nothing herein shall authorize the Planning Board to waive State
Environmental Quality Review requirements.
The Planning Board shall fix a time, within 62 days from the
day an application for site plan approval is made, for the hearing
of any matter referred to under this section. It shall give public
notice of such hearing at least five days prior to it in a newspaper
of general circulation in the Village and decide upon the application
within 62 days after such hearing. It shall not, however, grant approval
before a decision has been made with respect to environmental impacts
pursuant to SEQR. The decision of the Planning Board shall be filed
in the office of the Village Clerk and a copy thereof mailed to the
applicant within five business days after such decision is rendered.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed special use permit or site plan. Upon approval of
said permit and/or plan, any such conditions shall be met prior to
the actual issuance of permits by the Village. These conditions may
include requirements of the applicant to provide parkland or to provide
fees in lieu thereof pursuant to § 7-725-a, Subdivision
6, of the New York State Village Law. The Planning Board shall also
be authorized to require financial guarantees to ensure applicant
performance with respect to any conditions of site plan review or
subdivision approval. Such financial guarantees shall comply with
applicable provisions of the New York State Village Law and be subject
to review by the Village Attorney and approval by the Village Board.
The preferred form of such guarantees shall be a letter of credit.
The Planning Board is authorized to refer site plans to other
agencies, groups or professionals employed or used by the Village
for review and comment and to charge the applicant fees for any reasonable
expenses connected therewith. The Board shall, in particular, ensure
that the requirements of §§ 239-m and 239-nn of the
General Municipal Law regarding review by the Schuyler County Planning
Department and adjoining communities are met. It shall also comply
with all requirements of the New York State Environmental Quality
Review Act.
Any person aggrieved by any decision of the Planning Board or
any officer, department, board or bureau of the Village may apply
to the Supreme Court for review by a proceeding under Article 78 of
the Civil Practice Law and Rules.
The site plan as approved by the Planning Board shall be binding
upon the applicant. Any changes from the approved plan shall require
resubmission and reapproval by the Planning Board. The site plan shall
remain effective, as an authorization to establish the use, for a
maximum of two years from the date of approval unless the Planning
Board shall have granted an extension in writing.