Pursuant to the authority enumerated herein, the Planning Board
of the Village of Hillburn is hereby empowered to review and approve,
approve with modifications, or disapprove site plans in order to ensure
that proposed development and use of land within the Village of Hillburn
will have a harmonious relationship with the existing or permitted
use of contiguous land and of adjacent neighborhoods and that the
health, safety, welfare, comfort and convenience of the public is
fully considered. No building permit shall be issued except upon approval
of a site plan as required herein.
In considering and approving site plans, the Planning Board
shall take into consideration the public health, safety and general
welfare and the comfort and convenience of the public in general,
and of the residents, employees, tenants, customers, or users of the
proposed development and the immediate neighborhood in particular,
and shall prescribe appropriate conditions and safeguards in harmony
with the general purpose and intent of this chapter and the Comprehensive
Plan, and the following objectives:
A. The opportunity for safe, adequate and convenient vehicular and pedestrian
traffic circulation both within and without the site. The proposed
traffic accessways shall be sufficient, but not excessive, in capacity;
are adequate in width, grade, alignment and visibility; are not located
too near street corners or places of public assembly; are designed
with due regard to other similar safety considerations; and are provided
with all traffic safety devices needed for the protection of motorists,
cyclists and pedestrians. At least the following aspects of the site
plan shall be evaluated to determine conformity to this standard:
(1) The effect of the proposed development on traffic conditions on existing
streets.
(2) The number, locations and dimensions of vehicular and pedestrian
entrances, exits, drives and walkways.
(3) The adequacy of safe visibility at all exit points of the site. The
driver of a motor vehicle should have an unobstructed view of the
street for the distance necessary to allow safe entrance into the
traffic stream.
(4) The location, arrangement and adequacy of off-street parking and
loading facilities.
(5) Interconnection of parking facilities via access drives between adjacent
lots, designed to provide maximum safety, convenience and efficiency
of traffic circulation, and to minimize curb cuts on neighboring streets.
(6) Patterns of vehicular and pedestrian circulation both within the
boundaries of the development and in relation to the adjoining road
and sidewalk system.
(7) The location, arrangement and adequacy of facilities for the physically
handicapped, such as ramps, depressed curbs and reserved parking spaces.
(8) The location, arrangement and adequacy of landscaping within and
bordering parking facilities and loading spaces.
(9) The adequacy of fire lanes and other emergency facilities and services.
The applicant shall be required to allow enforcement of parking and
traffic circulation restrictions by local police, fire and Village
officials, as determined appropriate.
B. The protection of environmental quality and the preservation and
enhancement of property values. At least the following aspects of
the site plan shall be evaluated to determine conformity to this standard:
(1) The location, height and materials of walls, fences, hedges and plantings
so as to ensure harmony with adjacent development, screen parking
facilities and loading spaces and to conceal storage areas, refuse
areas, utility installations and other such features.
(2) The prevention of dust, erosion and drainage onto adjacent properties
both during and after construction, through the planting of ground
cover or the installation of other appropriate protective devices
and/or ground surfaces.
(3) The preservation of natural features such as wetlands, unique wildlife
habitats, historic structures, major trees and scenic views both to
and from the site.
(4) The arrangement, type and design of signage and exterior lighting;
that all outdoor lighting is of such nature and so arranged as to
harmonize with the character of the neighborhood and preclude the
diffusion of glare onto adjoining properties and streets.
(5) The design and arrangement of buildings, structures and accessory
facilities (such as air-conditioning systems, public address systems,
etc.) so as to achieve minimum and acceptable noise levels at the
property boundaries.
(6) The provision of adequate stormwater and surface water drainage facilities
so as to properly drain the site while maximizing groundwater recharge,
minimizing downstream flooding and preventing the degradation of water
quality.
(7) Access to sunlight as related to building siting, orientation and
landscaping, as well as present and potential future solar energy
systems. The site plan and building design shall conserve energy to
the maximum extent.
(8) The design and arrangement of facilities to accommodate both refuse
and recycling storage containers.
C. That, wherever possible, areas set aside for play and other active
use by residents or users of the site are located with due regard
for their safety and welfare.
D. That all playground, parking and service areas are reasonably screened
at all seasons of the year from the view of adjacent residential lots
and streets where practical and needed for the protection of such
lots and streets; that the general landscaping of the site is in character
with or superior to that generally prevailing in the neighborhood
and will enhance the aesthetic aspect of the abutting street or streets;
and that all existing trees over eight inches in diameter, measured
three feet above the base of the trunk, are retained to the maximum
extent possible.
E. That all areas not paved or improved with buildings be landscaped
so as to avoid the creation of expanses of pavement.
F. That the drainage and sewerage systems are adequate to accommodate
any expected loads, and that all runoff from stormwater and subsurface
water is carried into approved watercourses and drainage systems shown
on official maps, and that all connections to Village systems are
in accordance with Village standards, and, where appropriate, that
such drainage improvements be installed on easements to be granted
to the Village of Hillburn.
G. That all proposed structures, equipment or materials will be readily
accessible for fire and emergency protection and will not constitute
a fire hazard for adjacent structures, and that adequate provision
be made for emergency services, including the provision of water to
meet fire safety requirements, based on recommendations or requirements
of the Hillburn Fire Department.
H. That the site layout and overall appearance of buildings on the site
will not have any reasonably avoidable adverse impact upon the desirability
of adjacent properties by impairing the established character or value
thereof.
In accordance with § 239 et seq. of the General Municipal Law of the State of New York, any site plan meeting the requirements of §
250-51 shall be referred to the Rockland County Department of Planning.
The Planning Board may request a review of the site plan by the Village Engineer or other department, official or agency of the Village or by outside experts or the County Highway Department, which opinion shall be rendered within the period set forth in §
250-58G above.