[Amended by L.L. No. 3-1990]
B.
Purpose.
[Amended by L.L. No. 3-1996; 4-24-2003 by L.L. No. 2-2003; 9-21-2006 by L.L. No.
1-2006]
(1)
The purpose of this subsection is to assure that commercial and industrial
development and development for multiple residence purposes within
the Village is accomplished in an orderly fashion and to provide a
review and approval process for the layout and design of proposed
commercial and industrial development and multiple residences within
the Village.
(2)
This section shall apply to the following parcels located in areas
zoned for commercial, industrial and/or multiple residence purposes
and to parcels in residential zones on which are located preexisting,
nonconforming ("grandfathered") uses:
(a)
Vacant and/or unimproved parcels;
(b)
Parcels on which an existing building has been damaged by fire
and/or other causes to the extent of more than 75% of its assessed
value;
(c)
Parcels on which it is proposed to remove or demolish an existing
building, buildings and/or any other related site improvements (including
landscaping) and to reconstruct new facilities;
(d)
Parcels on which an existing building, buildings and/or any
other related site improvements (including landscaping) is/are proposed
to be altered or expanded;
(e)
Parcels on which the use of an existing building, buildings
and/or any other related site improvements is proposed to be changed,
altered or expanded; and
(f)
Parcels on which one or more multiple dwellings are proposed.
(3)
This section shall also apply to all properties in residential zones
for which a use variance is sought to authorize commercial, industrial
and/or multiple residence purposes.
(4)
No building permits for such development shall be issued without
compliance with the provisions of this section.
C.
Decisions.
(1)
The Site Plan Review Board has the authority under this section to
review and approve, approve with modifications, or disapprove site
plans submitted to it under the provisions of this section. The site
plan review process applies to allowed uses in Commercial Business
Districts, Industrial Districts and Multiple-Residence Districts.
(2)
Within five days of rendering of a decision, the SPRB shall file
one copy of that decision with the Village Clerk and one copy shall
be mailed to the applicant.
D.
Actions directed by the site plan review board.
(1)
Within five days after a decision by the Site Plan Review Board,
the Zoning Officer and Code Enforcement Officer must take the action
as directed by the Board.
(2)
Those actions are to issue or to issue with modifications or disapprove
a building permit.
(3)
A letter from the Site Plan Review Board notifying the applicant
that issuance of a permit has been directed serves as an interim permit.
E.
Appeals of decisions by the Site Plan Review Board.
(1)
Any person aggrieved by any decision of the Site Plan Review Board
may apply to the Supreme Court for review by a proceeding under Article
78 of the Civil Practice Law and Rules.
(2)
Such proceedings shall be instituted within 30 days after the filing
of a decision in the office of the Village Clerk.
F.
Site plan review and approval.
(1)
Applicability. The procedures set forth in this section apply to certain facilities and activities identified in Subsection B above.
(2)
Sketch plan conference. A sketch plan conference shall be held between
the Zoning Officer and the Director of Public Works and the applicant
to review the basic site design concept and generally determine the
information to be required on the preliminary site plan. At the sketch
plan conference, the applicant shall provide the following data:
(a)
A statement or rough sketch describing what is proposed.
(b)
An area map showing the parcel under consideration for site
plan review, and all properties, subdivisions, streets, and easements
within 200 feet of the boundaries thereof.
(c)
A map of site topography at no more than five-foot contour intervals.
If general site grades exceed 5% or portions of the site have susceptibility
to erosion, flooding, or ponding, a soils overlay and a topographic
map showing contour intervals of not more than two feet of elevation
shall also be provided. Immediately following the sketch plan conference,
copies of the above materials shall be provided to the Site Plan Review
Board.
(3)
Application for site plan approval. An application for site plan
approval shall be made in writing to the Zoning Officer and the Code
Enforcement Officer on a form supplied by the Village Clerk and shall
include the following:
(a)
Site plan checklist.
[1]
Title of drawing, including name and address of applicant and
person responsible for preparation of the drawing;
[2]
North arrow, scale, and date;
[3]
Boundaries of the property plotted to scale;
[4]
Existing watercourses, including floodway and 100-year floodplain;
[5]
Grading and drainage plan, showing existing and proposed contours;
[6]
Location, design, construction materials, proposed use, and
height of all buildings and structures;
[7]
Location, design, and construction materials of all parking
and truck loading areas, showing access and egress;
[8]
Provision for pedestrian access and handicapped access;
[9]
Location of outdoor storage, if any;
[10]
Location, design, and construction materials of
all existing or proposed site improvements, including drains, culverts,
retaining walls, and fences;
[11]
Description of the methods of waste disposal and
the location, design, and construction materials of such facilities;
[12]
Description of the method of securing water and
the location, design, and construction materials of such facilities;
[13]
Location of fire and other emergency zones, including
the location of fire hydrants;
[14]
Location, design, and construction materials of
all energy collection and distribution facilities, including but not
limited to electrical, gas, solar and wind energy;
[15]
Location, design and construction materials of
all communication facilities, including but not limited to telephone,
cable, radio, satellite and microwave;
[16]
Location, size, and design and construction materials
of all proposed signs;
[17]
Location and proposed development of all buffer
areas, including existing vegetative cover;
[18]
Location and design of outdoor lighting facilities;
[19]
Designation of the amount and location of building
area proposed for each activity type;
[20]
General landscaping plan and planting schedule;
[21]
Other elements integral to the proposed development
as considered necessary by the Zoning Officer and Code Enforcement
Officer, including identification of any federal, state, or county
permits required for the project's execution and proximity to designated
historic sites;
[22]
Detailed sizing and material specifications for
all required improvements;
[23]
Estimated project construction schedule;
[24]
The names and addresses of all owners of real
property within 200 feet of the boundaries of the proposed facility
and/or activity;
[25]
Proposed hours of operation.
(b)
Required fee. An application for site plan review and approval
shall be accompanied by a fee set forth on the Village of Dryden Fee
Schedule, which Fee Schedule may be established by resolution and
thereafter amended from time to time by resolution of the Village
Board of Trustees.
[Amended 2-16-2012 by L.L. No. 2-2012]
(4)
Review of site plan. The Zoning Officer and the Code Enforcement
Officer shall review the preliminary site plan. The review shall include,
as appropriate, the following:
(a)
General considerations.
[1]
Adequacy of stormwater and drainage facilities;
[2]
Special attention to the adequacy of structures, roadways and
landscaping in areas with susceptibility to ponding, flooding, and/or
erosion;
[3]
Location, arrangement, size, design and general site compatibility
of buildings, lighting, and signs;
[4]
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers,
and traffic controls;
[5]
Location, arrangement, appearance and sufficiency of off-street
parking and loading;
[6]
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic,
and overall pedestrian convenience and safety;
[7]
Adequacy of water supply and sewage disposal facilities;
[8]
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants;
[9]
Protection of adjacent or neighboring properties against noise,
glare, unsightliness or other objectionable features;
[10]
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;
[11]
The impact of the facility and/or activity on
structures designated as landmarks by either the federal, state or
county governments or structures of locally recognized historical
or architectural significance.
(b)
Consultant review. The Site Plan Review Board may consult with
the local fire departments, local and county officials, private consultants,
the Natural Resources Conservation Service, the State Department of
Transportation, the State Department of Environmental Conservation
and other agencies as needed.
(c)
Referral to county planning agency. When required by General
Municipal Law § 239-m and prior to making their recommendation
to the SPRB, the Zoning Officer and Code Enforcement Officer shall
refer the Site Plan to the County Planning Agency for advisory review
and report in accordance with § 239-m of the General Municipal
Law. When referral is required under this section, the time in which
the Zoning Officer and Code Enforcement Officer must make their recommendation
to the SPRB shall be 35 days of the acceptance of receipt of the application
and site plan.
(d)
Action after review.
[1]
After review of the application and site plan and after consultation with the appropriate representatives pursuant to Subsection F(4)(b) and after referral to the County Planning Agency when required, the Zoning Officer and Code Enforcement Officer shall make a recommendation to the SPRB with respect to the issuance of a zoning permit and a building permit.
[2]
Such recommendation shall be made in writing within 20 days
of the acceptance of the application containing all required information,
the required fee and the required site plan. The recommendation shall
include a copy of the application and site plan together with any
conditions for approval or modifications deemed appropriate by the
Zoning Officer and Code Enforcement Officer.
[3]
Initial review.
[a]
The date on which the SPRB receives a recommendation
from the Zoning Officer and Code Enforcement Officer is the date of
completion of the initial review of the site plan.
[b]
At such time as the Zoning Officer and the Code
Enforcement Officer make their recommendations, they shall notify
by mail all the owners of real property within 200 feet of the boundaries
of the proposed facility and/or activity. Such notification shall
include a statement that the SPRB has accepted an application and
site plan for review and the recommendation of the Zoning and Code
Enforcement Officer with respect to that application and site plan,
and that the SPRB will make a decision on such application and site
plan within 62 days. Such notice shall also include such other information
as may help apprise the owners of the proposed facility and/or activity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(5)
Action on site plan recommendations.
(a)
Within 62 days after the date of completion of their initial
review of the accepted site plan, the Site Plan Review Board shall
present its findings. The SPRB's action shall be in the form of a
written statement to the applicant (with a copy to the Village Board)
stating whether or not the preliminary site plan is approved, disapproved
or approved with modifications, and/or conditions. If no decision
is made within the sixty-two-day period, unless an extension thereof
acceptable to the proposer and SPRB is agreed to, the site plan shall
be considered approved.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(b)
The Site Plan Review Board's statement may include conditions
or modifications, if any, to be incorporated as a condition of approval.
If the site plan is disapproved, the Site Plan Review Board's statement
shall contain the reason for such findings. In such a case, the Site
Plan Review Board may recommend further study of the site plan and
resubmission to the Site Plan Review Board after it has been revised
or redesigned.
(c)
The Site Plan Review Board may conduct a public hearing on the
preliminary site plan. If a public hearing is considered desirable
by the SPRB, the public hearing shall be conducted within 62 days
of the acceptance of the application for preliminary site plan approval.
The Site Plan Review Board shall mail notice of said hearing to the
applicant at least 10 days before such hearing, and shall give public
notice of said hearing in a newspaper of general circulation in the
village at least five days prior to the date thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(6)
Submission of final detailed site plan.
(a)
After receiving approval, with or without conditions and/or
modifications, from the SPRB on a site plan, the applicant shall submit
within 10 days of the decision by the SPRB a final, detailed site
plan to the Zoning Officer and Code Enforcement Officer for approval
and issuance of the zoning permit and building permit pursuant to
the direction of the SPRB.
(b)
The site plan submitted to the Zoning Officer and Code Enforcement
Officer shall conform to the site plan approved by the SPRB. It shall
incorporate any modifications or conditions that may have been included
by the SPRB in its approval.
(7)
Reimbursable costs. Costs incurred by the Site Plan Review Board
for consultation fees or other extraordinary expenses in connection
with the review of a proposed site plan shall be charged to the applicant
upon prior written notification. Payment shall be made to the Village
of Dryden prior to issuance of building permit. If the Village of
Dryden Fee Schedule, which Fee Schedule may be established by resolution
and thereafter amended from time to time by resolution of the Village
Board of Trustees, includes a maximum amount for the reimbursable
costs that can be charged to the applicant as provided for in this
subsection, such reimbursable costs charged to the applicant shall
not exceed such maximum amount set forth in the Village of Dryden
Fee Schedule.
[Amended 2-16-2012 by L.L. No. 2-2012]
(8)
Performance guarantee. No certificate of occupancy shall be issued
until all improvements shown on the site plan are installed or a sufficient
performance guarantee has been posted for improvements not yet completed.
The sufficiency of such performance guarantee shall be determined
by the SPRB after consultation with the Zoning Officer, Code Enforcement
Officer, Village Superintendent, or other competent persons. Such
performance guarantee shall be in a form sufficient to the Village
Attorney.
(9)
Inspection of improvements. The Zoning Officer and Code Enforcement
Officer shall be responsible for the overall inspection of site improvements,
including coordination with Public Works Officials and other officials
and agencies, as appropriate.
(10)
Integration of procedures. Whenever the particular circumstances
of a proposed development require compliance with either the special
use procedure in this section or the requirements of the subdivision
regulations, the SPRB shall attempt to integrate, as appropriate,
site plan review as required by this section with the procedural and
submission requirements for such other compliance.
