In all cases where this chapter requires approval of site development
plans by the Planning Board, no building permit shall be issued by
the Code Enforcement Officer except upon authorization of and in conformity
with the plans approved by the Planning Board.
A. Procedure. No building permit may be issued for any building or use
of land within the purview of this section unless the building is
constructed or used, or the land is developed or used in conformity
with an approved site development plan. The following.
(1) All subdivisions shall require site plan approval.
(2) All special use regulated in this chapter shall require site plan
approval.
(3) All permitted uses in the Residential Office, Central Shopping, General
Commercial, Industrial Park Districts, and Environmental Conservation
Overlay shall require site plan approval.
B. Submission.
(1) Presubmission. Prior to the development of detailed plans and the
submission of a formal site development plan, the applicant should
meet in person with the Planning Board and/or its designated representative
to discuss the proposed site development plan in order to determine
which of the subsequent requirements shall be necessary in developing
and submitting the required site development plan.
(2) Final submission. At least 15 days in advance of the Planning Board
meeting at which a site development plan or an amendment of it is
to be presented, the information enumerated herein must be submitted
in the number of copies set forth by the Planning Board, to the Secretary
of the Planning Board along with a letter of application and payment
of professional and administrative fees. All maps submitted must be
at a scale of not less than 30 feet to the inch.
C. Fees shall be paid based on Chapter
8 of the Village of Florida Code or as otherwise set forth by the Village Board by resolution.
D. The Planning Board may request that the applicant provide the information
requested at the presubmission conference and may further request
all the items listed below. The Planning Board is not limited to this
list and may request any additional information it deems necessary
or appropriate. In determining the amount of information required,
the Planning Board will consider the type of use, its location, and
the size and potential impact of the project. The Planning Board may
waive any items listed below if it feels that they do not apply to
the application submitted.
(1) Site plan checklist.
(a)
Title of development, date, North arrow, scale, name and address
of record owner, engineer, architect, land planner or surveyor preparing
the site development plan.
(b)
The names of all owners of record of all adjoining property,
or properties within 300 feet of the site.
(c)
Existing zoning and special district boundaries.
(d)
A survey showing the boundaries of the property, building or
setback lines and lot lines, and lines of existing streets as shown
on the Village's Official Map. Reservations, easements and areas
dedicated to public use, if known and a vicinity map at a scale not
smaller than one inch equals 400 feet.
(e)
Existing conditions including watercourses, wetlands, vegetation,
rock walls, rock outcrops and topographic contours of at least five
feet or less as required by the Planning Board.
(f)
Location of all uses not requiring a structure.
(g)
Existing watercourses and wetlands.
(h)
Grading and drainage plan showing existing and proposed contours.
(i)
Location, design and type of construction, proposed use and
exterior dimensions of all buildings.
(j)
Location, design and type of construction of all parking and
truck-loading areas showing access and egress.
(k)
Provisions for pedestrian access.
(l)
Location, type and screening details of waste disposal containers
and outdoor storage areas.
(m)
Location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
(n)
Description of the method of sewage disposal and location.
(o)
Description of the method of securing public water and location,
design and construction materials of such facilities.
(p)
Location of fire and other emergency zones, including the location
of fire hydrants.
(q)
Location, design and construction materials of all energy distribution
facilities, including electrical, gas and solar energy.
(r)
Location, height, size, materials and design of all proposed
signage.
(s)
Location and proposed development of all buffer areas, including
existing vegetation cover.
(t)
Location, design, height, intensity and bulb type of all external
lighting fixtures. Direction of illumination and methods to eliminate
glare onto adjoining properties.
(u)
Identification of the location and amount of building area proposed
for each proposed use.
(v)
Proposed limit of clearing, showing existing vegetation including
individual trees with a DBH of eight inches or greater within the
clearing line.
(w)
Landscaping plan and planting schedule.
(x)
Estimated project construction schedule.
(y)
Record of application for and approval status of all necessary
permits from state and county agencies.
(z)
Identification of any state or county permits required for the
project's execution.
(aa)
Other elements integral to the proposed development as considered
necessary by the Planning Board.
(bb)
Stormwater management plan.
(2) The developer or property owner will be responsible to extend all
waterlines and sewer lines to the property at their sole cost and
expense. All lines on Village property or off site will be dedicated
to the Village prior to use. All alternative services must be approved
by the Village Board.
(3) Reservation of parkland on site plans containing residential units.
(a)
Before the Planning Board may approve a site plan containing
residential units, such site plan shall also show a park or parks
suitably located and equipped for playground or other recreational
purposes.
(b)
Land for park, playground or other recreational purposes may
not be required until the Planning Board has made a finding that a
proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Village. Such findings shall include an evaluation of the present
and anticipated future needs for park and recreational facilities
in the Village based on projected population growth to which the particular
site plan will contribute. In making such determination of suitability,
the Board shall assess the size and suitability of lands shown on
the site plan which could be possible locations for park or recreational
facilities, as well as practical factors including whether there is
a need for additional facilities in the immediate neighborhood.
(c)
In the event the Planning Board makes a finding that the proposed
site plan presents a proper case for requiring a park or parks but
that a suitable park or parks of adequate size to meet the requirements
cannot be properly located on such site plan, the Planning Board may
require a fee established by the Village Board of Trustees for each
approved residential unit on said site plan. Any monies required by
the Planning Board in lieu of land for park, playground or other recreational
purposes, pursuant to the provisions of this section, shall be deposited
into a trust fund to be used by the Village exclusively for park,
playground or other recreational purposes, including the acquisition
of property. In making such determination of suitability, the board
shall assess the size and suitability of land shown on the subdivision
plat which could be possible locations for park or recreational facilities,
as well as practical factors including whether there is a need for
additional facilities in the immediate neighborhood. Any moneys required
by the planning board in lieu of land for park, playground or other
recreational purposes, pursuant to the provisions of this section,
shall be deposited into a trust fund to be used by the village exclusively
for park, playground or other recreational purposes, including the
acquisition of property.
(d)
If the land included in a site plan under review is a portion
of a subdivision plat which has been reviewed and approved, the Planning
Board shall credit the applicant for any land set aside or money donated
in lieu thereof under such subdivision plat approval. In the event
of resubdivision of such plat, nothing shall preclude the additional
reservation of parkland or money donated in lieu thereof.
(4) Stormwater, erosion and sediment control measures.
(a)
No application for approval of a land development activity which
involves the disturbance of land equal to or greater than one acre,
shall be approved until the Planning Board has received a stormwater
pollution prevention plan (SWPPP) prepared consistent with NYS DEC
State Pollutant Discharge Elimination System and required permits.
The Board may request the following information:
[1]
Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show the
total site area; all improvements; areas of disturbance; existing
vegetation; on-site and adjacent off-site surface water(s); wetlands
and drainage patterns that could be affected by the construction activity;
existing and final slopes; locations of off-site material, waste,
borrow or equipment storage areas; and location(s) of the stormwater
discharge(s); site map should be at a scale no smaller than one inch
equals 100 feet (e.g., one inch equals 500 inches is smaller than
one inch equals 100 inches).
[2]
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP.
[3]
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff.
[4]
Description of construction and waste materials expected to
be stored on site, with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater and
spill prevention and response.
[5]
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project closeout.
[6]
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice.
[7]
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins.
[8]
Temporary practices that will be converted to permanent control
measures.
(b)
Plan certification. The SWPPP shall be prepared by a licensed
professional or the property owner and must be signed by the property
owner, who shall certify that the design of all stormwater management
practices meets the requirements and technical standards to receive
the required permits from NYS DEC.
(c)
Technical standards. For the purpose of this section, stormwater
management practices that are designed and constructed in accordance
with the following technical documents shall be presumed to meet the
standards imposed by this chapter:
[1]
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
[2]
New York Standards and Specifications for Erosion and Sediment
Control (Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
(d)
Water quality standards. Any land development activity shall
not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York or the Village of Florida.
E. Duties of the Planning Board. In approving the site development plan
for any particular use, the Planning Board shall give specific consideration
to the design of the following:
(1) Traffic access. That all proposed traffic access and ways are adequate
but not excessive in number; adequate in width, grade, alignment and
visibility; not located too near street corners or other places of
public assembly; and other similar safety considerations.
(2) Circulation and parking. That adequate off-street parking and loading
spaces are provided to prevent parking in public streets of vehicles
of any persons connected with or visiting the use and that the interior
circulation system is adequate to provide safe accessibility to all
required off-street parking lots.
(3) Landscaping and screening. That all playgrounds, parking, refuse
disposal and service areas are reasonably screened at all seasons
of the year from the view of adjacent residential lots and streets
and that the general landscaping of the site is in character with
that generally prevailing in the neighborhood. Existing trees over
eight inches in diameter, measured at the diameter at breast height
(DBH), shall be retained to the maximum extent possible.
(4) Environmental impacts. Disturbance to environmental resources including
the area of special flood hazard; freshwater wetlands and watercourses
and any buffer area that may be regulated by the NYS DEC; and steep
slopes shall be avoided to the extent practicable. If avoidance of
environmental resources is not possible, proper plans and permits
shall be submitted to the satisfaction of the Village Engineer.
(5) Hours of operation for construction at a site or the operation of
the use that is subject to site plan approval shall be regulated by
the Planning Board at the time of approval. Construction hours shall
be limited to the period between 7:00 a.m. and sunset or 6:00 p.m.,
whichever is later, daily including Saturdays. No outdoor construction
shall occur on Sunday or holidays. Hours of operation of a use may
be established by the Planning Board based on the use, except that
outdoor operations and activities shall be limited to 7:00 a.m. to
sunset or 6:00 p.m., whichever is later, or sunset on Sundays and
holidays.
(6) Clearing and grading. Upon submission of a site plan application,
no clearing or grading may occur unless otherwise approved by the
Village Board until the site plan has been approved. No grading shall
occur within five feet of a property line and all grades shall be
properly stabilized to the satisfaction of the Village Engineer. Driveway
grades shall not exceed 15%, but all driveway grades in excess of
10% shall be paved. Parking lot grades shall generally not exceed
3%. However, dependent on the use and need for shopping carts, the
Planning Board may allow grades up to 6%.
(7) Fire lanes and proper turning radii for fire and emergency apparatus
shall be required within all drives and parking areas based on the
proposed use.
(8) Noise decibel levels for proposed on-site uses shall be limited to
the existing ambient decibel levels within 200 feet of a property.
If a use is proposed which, in the opinion of the Planning Board,
may generate or caused to be generated higher decibel levels than
currently exist, they shall require the predevelopment noise decibel
levels be defined as a base line for future development of the site.
F. Conditions. The Planning Board shall have the authority to impose
reasonable conditions and restrictions as are directly related and
incidental to a site plan. The Planning Board may require that site
plan approval be periodically reviewed if the intensity of the projected
use and other impacts of the project are uncertain. Upon approval
of the site plan, any conditions attached to said approval must be
met prior to the signing and filing of the site plan map.
G. Approval. The Planning Board shall render a decision within 62 days
of the close of a public hearing, or within 62 days after receipt
of a complete site plan application if no public hearing is held.
The Planning Board may approve, conditionally approve, or disapprove
a site plan. The time within which the Planning Board must render
its decision may be extended by mutual consent of the applicant and
the Planning Board. The date of the decision shall be the date on
which the Planning Board meets and votes and renders the decision.
The decision of the Planning Board shall be filed in the office of
the Village Clerk within five business days after such decision is
rendered, and a copy thereof mailed to the applicant.
H. Site plan amendments. Amendments to a site plan shall be acted upon
in the same manner as the approval of the original plan.
I. Site plan approval; maintenance a continuing obligation.
(1) Expiration of approval. Site plan approval, with or without conditions,
shall expire no later than 12 months from the date of the approval,
unless a building permit has been issued by the Code Enforcement Officer,
or unless a certificate of occupancy has been issued by the Code Enforcement
Officer in the event a building permit is not required. The Planning
Board may, in its sole discretion, grant additional extensions of
the site plan approval, each for a period not to exceed six months.
Each extension may only be granted upon written request and showing
of good cause by the applicant, delivered to the Planning Board no
less than 10 days prior to expiration of the site plan approval.
(2) If no certificate of occupancy has been issued, site plan approval
shall be effective for a total period of three years from the date
the resolution of approval is adopted by the Board, notwithstanding
any extension granted. If, at the end of the three-year period, the
applicant has not completed construction, final site plan approval
shall automatically expire, and the applicant must reapply for site
plan approval pursuant to this zoning chapter.
(3) Site maintenance. It shall be a continuing obligation and requirement
to maintain a property in conformity with the approved site plan.
Failure to do so shall constitute a violation of this zoning chapter.