[HISTORY: Adopted by the Board of Trustees of the Village of Newark 5-17-1973; amended in its entirety 12-20-2022 by L.L. No. 11-2022. Subsequent amendments noted where applicable.]
The intent of site plan review is to provide standards and authority for Planning Board review of proposed new uses and development in order to:
A. 
Ensure the proper arrangement and development of uses and site improvements to minimize negative impacts to the natural environment, neighboring properties and the community.
B. 
Ensure new uses, developments and redevelopments are established in accordance with the objectives of Village's adopted plans and the stated intent of the respective zoning district.
C. 
Require mitigation of impacts not already addressed through enforcement of:
(1) 
The New York State Uniform Fire Prevention and Building Code (Uniform Code) and the New York State Energy Conservation Construction Code (Energy Code).
(2) 
New York State Environmental Quality Review (SEQR).
(3) 
Applicable Village of Newark Code requirements.
Prior to issuing a building permit for the construction of a building in any district, except a one- or two-family dwelling and accessory uses, the Code Enforcement Officer shall examine for compliance with the site plan review; and, if in his or her opinion, the site plan should be reviewed by the Planning Board for any reason, including but not limited to that such use may not be in the interest of the health, safety and general welfare of the residents of the Village, the Code Enforcement Officer shall refer the site plans for such construction to the Planning Board for its review and approval.
A. 
Application fee. The filing of an application for site plan approval shall be accompanied by a fee as set forth from time to time by resolution of the Board of Trustees.
B. 
Number of copies. Fourteen copies of the application package shall be presented to the Code Enforcement Officer by the predetermined application deadline, approximately one month before the Village Planning Board meeting. If the application also includes variances, then an additional six copies are required. Electronic versions of the site plans shall also be submitted (PDF, GIS shapefile, and AutoCAD). This should include, if possible, delivery of as-built surveys for infrastructure and building footprints in CAD and GIS formats.
Submission of a sketch plan may be requested on the behalf of the applicant or the Planning Board may require submission of a sketch plan. The Planning Board's purpose in reviewing sketch plans shall be solely to provide an opportunity for informal discussions concerning a proposed development and to determine the information to be required on the preliminary site plan.
A. 
The sketch plan shall be clearly designated as such and shall identify all existing and proposed:
(1) 
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, street, and easements within 200 feet of the boundaries thereof.
(2) 
Zoning classifications and required dimensional data, such as setbacks and lot coverage.
(3) 
Development, including buildings, pavement and other improvements.
(4) 
Land uses.
(5) 
Utilities.
B. 
Drawn to scale.
C. 
The Planning Board and the Code Enforcement Officer shall review the sketch plan to determine the total area of soil disturbances. Disturbance of more than one acre would require coverage under SPDES General Permit GP-10-15-002.D. Planning Board members may suggest modifications to, but shall not approve or disapprove, the sketch plan. Comments made by individual Board members during sketch plan review shall not be interpreted as constituting approval or disapproval by the Board, nor shall be interpreted to limit the scope of any subsequent review or approval of a derivative plan.
Any preliminary application for site plan approval shall be made in writing to the Code Enforcement Officer and shall be accompanied by the following information prepared by a New York State licensed professional engineer, architect, and/or surveyor:
A. 
An area map showing the applicant's entire holdings, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements adjacent to the applicant's property, within 200 feet of the boundaries thereof.
B. 
If grades exceed 3%, or portions of the side have a moderate-to-high susceptibility to erosion or a moderate-to-high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than two feet of elevation shall be provided.
C. 
Name, address, phone number and seal of the New York State licensed professional engineer or surveyor responsible for the plan.
D. 
The preliminary site plan shall be clearly marked as preliminary and show all of the following existing conditions and general information:
(1) 
Title of drawing, including name and address of applicant.
(2) 
All dimensions shall be shown in feet and in hundredths of a foot.
(3) 
Date, North point and scale. The site plan shall be at a scale of no more than 100 feet to the inch.
(4) 
The names of owners of all adjacent property (within 200 feet) of the boundaries thereof.
(5) 
Existing property lines, building setback lines, easements, deed restrictions and right-of-way lines, with dimensions.
(6) 
Proposed use.
(7) 
All monuments, iron pipes and bench marks.
(8) 
Map revision box.
(9) 
Location map.
(10) 
Legend/key.
(11) 
Signature block for the Planning Board Chairperson (others may be required).
(12) 
Zoning data table (proposed and existing dimensional data).
(13) 
Wetlands, streams, and other drainage corridors, flood hazard areas (FEMA - Flood Insurance Rate Map), ponds, canals, open spaces environmental sensitive areas and any other natural features.
(14) 
Existing significant man-made features, including but not limited to:
(a) 
Building with property line setbacks.
(b) 
Width, location, and sight distances for private driveways.
(c) 
Limits of pavement and parking areas.
(d) 
Sanitary and storm sewers.
(e) 
Wastewater treatment systems.
(f) 
Water mains and fire hydrants.
(g) 
Drainage features, including stormwater facilities, culverts and swales.
(h) 
Utility lines and related facilities, including gas, electric and telephone.
(i) 
Existing contours, at vertical intervals of no more than five feet.
(15) 
Proposed conditions:
(a) 
Proposed location, boundaries and uses of all buildings.
(b) 
The proposed building setback from each property line and other buildings on the same lot.
(c) 
Proposed contours, at vertical intervals of no more than five feet.
(d) 
The boundaries and nature of all proposed easements, deed restrictions and other encumbrances.
(e) 
Location and dimension of all areas to be protected as open space.
(f) 
Location and dimensions of all public buildings, public areas and other parcels of land proposed to be dedicated to or reserved for public use.
(g) 
Site improvements, such as drains, culverts, water mains, laterals, hydrants, meters and valves.
(h) 
Limits of pavement and parking areas; truck-loading areas.
(i) 
Delineation of limits of any land to be disturbed in any manner including areas to be cleared of vegetation, cut, filled, excavated, or graded. The delineation shall include dimensions and other references needed to allow efficient field verification.
(j) 
Proposed landscaping, lighting, signage, fencings, dumpster enclosures and outdoor storage areas.
[1] 
Screening of refuse collection areas.
[a] 
All refuse containers or receptacles shall be screened or enclosed on all sides.
[b] 
Refuse containers or receptacles shall be located to the side or rear of buildings and shall meet the accessory structure setbacks of the applicable zoning district.
[c] 
Areas shall be screened with an opaque material, which may include fences, walls, plantings or a combination thereof not to exceed six feet in height.
[d] 
Natural vegetation shall form an opaque screen and attain six feet in height within two years of planting.
[2] 
Landscaping.
[a] 
The Planning Board may require that landscape plans be prepared and stamped by a professional New York State registered landscape architect, certified nursery and landscape professional or landscape designer, pending the size of the project site.
[b] 
A landscape plan shall be filed by any person seeking a site plan approval.
[c] 
A landscape plan shall be drawn to scale and include the following:
[i] 
The location, number, and description of all landscaping materials proposed.
[ii] 
The location and size of any structures, parking areas, and drives proposed.
[iii] 
Landscaping is encouraged around all freestanding signs.
[d] 
The Planning Board shall review and approve any landscape plans as part of its review of any site plan, subdivision plat, or zoning amendment.
[e] 
After a period of three years, it is expected that the landscaping be maintained according to standards that were set forth at site plan approval.
(k) 
Location, size and invert elevations of all proposed sanitary and storm sewers and location of all manholes inlets and culverts.
E. 
Completed application and associated fees, as set forth from time to time by resolution of the Board of Trustees.
F. 
SEQR: All applications will require at a minimum a short environmental assessment form (EAF) in accordance with the State Environmental Quality Review Act and regulations. Larger projects may require a full EAF. Consult with the Code Enforcement Officer to determine the scope of the project.
G. 
A letter of intent explaining the project.
A. 
The Planning Board's review of a preliminary site plan shall include, but is not limited to, the following considerations:
(1) 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(2) 
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(3) 
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4) 
Location, arrangement, size and design of buildings, lighting and signs.
(5) 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between these and adjoining lands.
(6) 
In the case of an apartment house or multiple dwelling, the adequacy of usable open space for playgrounds and informal recreation.
(7) 
Adequacy of stormwater and sanitary waste disposal facilities.
(8) 
Adequacy of structures, roadways and landscaping in areas with moderate-to-high susceptibility to flooding and ponding and/or erosion.
(9) 
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
B. 
In its review, the Planning Board may consult with the Village and county officials, as well as with representatives of federal and state agencies, including the Soil Conservation Service and the New York State Department of Conservation, New York State Department of Transportation, and New York State Department of Health. The Planning Board may require that 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. Any additional costs for engineering or professional services incurred by the Planning Board or Village of Newark in the review of the application shall be borne by the applicant as determined by the Village of Newark Fee Schedule[1] which is set forth from time to time by resolution of the Board of Trustees.
[1]
Editor's Note: Said fee schedule is on file in the Village offices.
The Planning Board may require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.
A. 
Within 62 days of the receipt of the application for preliminary site plan approval, the Planning Board shall act on it. If no decision is made within said sixty-two-day period, the preliminary site plan shall be considered approved. 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 conditionally approved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report.
B. 
The Planning Board's statement may include recommendations as to desirable revisions to be incorporated in the final site plan, of which conformance with shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement will contain the reasons for such findings. In such a case the Planning Board may recommend further study of the site plan and resubmission of the preliminary site plan to the Planning Board after it has been revised or redesigned.
C. 
No modification of existing stream channels, filling of lands with a moderate-to-high susceptibility to flooding, grading or removal of vegetation in areas with a moderate-to-high susceptibility to erosion, or excavation for and 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 Chapter 170, Zoning, and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
A. 
After receiving conditional approval from the Planning Board on a preliminary site plan, and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his or her final detailed site plan and submit it to the Planning Board for approval; except that 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. The final site plan shall be clearly marked as Final Site Plan.
B. 
The final detailed site plan shall conform substantially to the preliminary site plan that has 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.
Within 62 days of the receipt of the application for final site plan approval, the Planning Board shall render a decision to the Code Enforcement Officer.
A. 
The Planning Board shall, by resolution, approve, approve with conditions, or disapprove a final site plan.
B. 
Within five business days of the Planning Board resolution approving, conditionally approving or disapproving a final site plan, said resolution shall be certified by the Secretary of the Planning Board, and a copy of the certified resolutions shall be filed with Village Clerk. The minutes shall be provided to the Village Clerk, the Village Board, and the applicant within two weeks of the Planning Board decision.
C. 
Upon approving an application, the Planning Board Chairperson shall endorse its approval on a copy of the final site plan and shall forward it to the Code Enforcement Officer, who shall then issue a building permit to the applicant if the project conforms to all other applicable requirements.
D. 
Upon disapproving an application, the Planning Board shall so inform the Code Enforcement Officer, and the Code Enforcement Officer shall deny a building 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.
E. 
Final site plan approval cannot be granted for any project until all necessary variances from the Village Zoning Board of Appeals have been granted, any letter of credit required by the Village Board executed and any required review referral has been received from the Wayne County Planning Board in accordance with the provisions of § 239-m of the General Municipal Law.
F. 
Final approved site plans shall be submitted to the Village in electronic format (PDF, GIS shapefile, and AutoCAD). This should include, if possible, delivery of as-built surveys for infrastructure and building footprints in CAD and GIS formats.
In approving the site plan, the Planning Board may require that the applicant first furnish a performance bond, letter of credit or certified check, with the amount to be determined by the Code Enforcement Officer, Village Engineer, Village Attorney, the head of the Department of Public Works, the Village Treasurer, or other competent persons for the purpose of guaranteeing the completion of such items as set forth in the site plan as will affect the public interest, such as but not limited to drainage, streets, recreational areas, shade trees or shrubbery and required landscaping, off-street parking, loading and unloading zones, artificial lighting, sidewalks, curbs and driveways.
The Planning Board may waive any of the requirements or details specified to be shown on the site plan in any given application if the Planning Board determines that certain requirements or specifications are not necessary to be shown in order to ensure that the said site plan conforms to the standards of good planning and will have no deleterious effect on the neighboring properties and indicates sufficient materials to assure adequate protection of the health, welfare and safety of the people of the Village. In permitting such a waiver, the Planning Board may require such conditions as will, in its sole discretion, substantially secure the objectives of the standard requirements so changed or modified.
A. 
Renewal of site plan approval.
(1) 
One year after the date of the Planning Board Chairperson signature on an approved final site plan, said plan shall expire if all permits required to begin construction have not been obtained. Upon request of the applicant, the Planning Board may grant individual extensions of one year each if, in its opinion, such extension is warranted.
(2) 
The Planning Board shall grant the request for said extension unless they made findings that field conditions on or around the subject property and/or applicable regulations in existence at the time of the Planning Board vote to approve have changed significantly and to such extent that reconsideration of the site plan is warranted.
(3) 
Upon approval of the extension request, the Planning Board Chairperson shall sign and date a copy of the final site plan.
(4) 
If an extension is not requested or the Planning Board votes to deny the applicant's request for an extension, the site plan approval shall be deemed to have expired.
(5) 
The applicant may reapply with the submittal of modified site plans and new site plan application, pursuant to Village of Newark meeting schedule and rates.