The purpose of site plan approval is to determine compliance with the objectives of this chapter in those zoning districts where inappropriate development may cause a conflict between uses in the same or an adjoining zoning district by creating unhealthful or unsafe conditions and thereby adversely affect the public health, safety and general welfare.
[Amended 11-12-1997 by L.L. No. 17-1997; 4-28-2009 by L.L. No. 7-2009]
The power to review and approve, or approve with conditions, site plans as required by this article is vested in the Planning Board.
The following actions shall be subject to the review and approval of the Planning Board:
Creation of new or additional lots.
Combining two or more parcels into one lot.
The changing of one or more lot lines on one or more lots.
The construction of a building in a commercial district.
The construction of an accessory structure in a commercial district.
The construction of a fence, screening, berm, patio, or deck in a commercial district.
The installation or altering of a stormwater drainage system in a commercial district.
The installation of exterior lighting in a commercial district, except where such lighting is decorative in nature and not intended to illuminate site features. All exterior luminaires in a commercial district shall be reviewed and approved by the Architectural Preservation and Review Board.
[Amended 10-14-2014 by L.L. No. 13-2014]
Decorative luminaires are luminaires designed for their lighted as well as their unlighted appearance and aesthetic contribution to the space. Such luminaires are typically intended for use where a decorative accent or aesthetic appearance, not a specified amount of luminaire light output, is desired. The maximum permitted light output of a decorative luminaire shall not be sufficient to independently light a space or task.
High-intensity lamps, such as metal halide, high-pressure sodium, and others of a similar nature, shall not be all in decorative luminaires.
The demolition of a structure in a commercial district.
The installation or alteration of landscaping in a commercial district.
The construction, alteration or reconfiguration of a parking area or a driveway in a commercial district.
Any addition to or alteration of a building in a commercial district that adds to the footprint, height, or interior or exterior commercial floor space of the building.
Any use that requires a special permit or special exception use permit where any alteration to the site is proposed.
The construction of any residential unit or units.
The construction of an addition to a residential unit where the total floor area exceeds 400 square feet.
The construction of a residential detached garage where the total floor area exceeds 400 square feet or the structure exceeds one story.
The construction of a residential driveway where the existing curb cut is altered or a new curb cut is proposed.
The location of utility poles for overhead utility lines.
The addition of a patio, deck, porch, roof overhang or outside seating area to a commercial property.
[Amended 4-23-2013 by L.L. No. 3-2013]
Preliminary application. Application for preliminary site plan approval shall be made in writing to the authorized official, who shall refer the application, when complete in all respects, to the Planning Board for its review and approval. All applications shall be accompanied by the following information:
An economic analysis of the project indicating, when applicable, but not limited to, the following: costs, rentals, taxes, market area and utilities. In addition, the applicant shall provide a full disclosure statement concerning the project.
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, their ownership, uses thereon, subdivisions, streets, zoning districts, easements and adjacent buildings within 100 feet of the applicant's property. The preliminary application shall include a topographic survey of that portion of the applicant's property under consideration.
A preliminary site plan, to include the following information:
Title of the preliminary layout, including the name and address of the developer(s).
North point, scale, date and general location map, and the names of the owners of adjacent land or the names of the adjacent subdivisions. The North point should be in the upper right-hand corner of each sheet, and the direction of North should be either to the top of each page or to the right-hand side of each page.
Boundaries of the project, plotted to scale. If the developer intends to develop the project in stages, the entire project shall nevertheless be included in the preliminary layout with anticipated stages and timing indicated. The location of proposed land uses and their area in acres and the location, proposed use and height of all buildings and estimates of population and dwelling units by type shall be provided for each layout or stage and an equivalent population estimate for areas not proposed for residential development.
A topographic survey showing ground contours for the parcels and parcels adjacent to and within 200 feet of the project at intervals of not more than five feet of elevation, and all pertinent topographic and planimetric features within the site and the adjoining tract, including existing buildings, watercourses and their one-hundred-year flood limits, water bodies, swamps, wooded areas and individual large trees. Features to be retained in the project should be so indicated.
A detailed location map showing the boundaries of the project in relation to adjoining streets; schematically, the locations of the nearest elementary schools, water and sewer lines, parks and playgrounds within 1/2 mile of the proposed development and other public facilities such as shopping, churches and public transportation routes, as appropriate, and land uses adjacent to the proposal.
A system for a stormwater drainage system using the following design levels for stormwater engineering:
Existing streets immediately adjoining and within the project and the distance to the nearest major street intersection.
Existing drains, waterlines and sanitary sewers nearby and within the project, with their location, size, type and approximate elevations and gradients, using mean sea level as datum plane. Also shown should be existing easements for such facilities.
A statement as to the proposed source of water supply and method of sewage disposal, to include a conceptual layout of each system, the lines, dimensions and purpose of all utility easements, including properly placed fire hydrants, and preliminary design of bridges and culverts.
A separate drainage report, which will clearly indicate the basis of design and the intended method of all stormwater disposal and flood hazard prevention, how all runoff will be handled during grading and development operations and erosion and sedimentation prevention measures.
The approximate lines and gradients of proposed streets and sidewalks and names of proposed streets.
A preliminary grading plan of the site showing locations and approximate size of cuts and fills and a cross section for any final grading steeper than 3:1 or where the cut or fill will be deeper than five feet.
The approximate lines of proposed lots, the acreage or square footage contained in each lot and the individual lot numbering. If a proposed lot contains one or more existing buildings, the proposed yard dimensions for such buildings shall be indicated.
The approximate locations and dimensions of areas proposed for neighborhood parks or playgrounds or other permanent open space.
The location of any municipal boundary lines, existing special service district lines and zoning district lines within the project.
The location of all parking and truck-loading areas, with access and egress drives thereto.
An indication of the type and location of any potentially hazardous materials of any nature.
The location and quality of water bodies directly affected by and adjacent to the project and finish or design water levels.
Will there be any request, or is there now a need, to obtain a variance or special permit, and, if so, why; does the proposal require any state or federal permit, and, if so, what type of permit; does the proposal require an environmental impact statement?
An indication of the location of buffers required either during or after construction is completed and the reason for the buffer and the location of other proposed vegetation and the location of all other site improvements, whether public or private.
The proposal's relationship to Village plans or open space plans.
The location, size and type of proposed lighting and any anticipated signs.
The name or names of the landscape architect and/or licensed professional engineer and licensed land surveyor responsible for the preparation of the preliminary layout and preliminary information.
The delineation of the various residential areas, if applicable, indicating for each such area its general extent, size and composition in terms of the total number of dwelling-unit types, a general description of the intended market structure and a calculation of the residential density in dwelling units per gross acre for each such area.
When applicable, a general description of the provisions of other community facilities, such as schools, fire protection services and cultural facilities, if any, and an indication of how these needs are proposed to be accommodated.
In addition, the following documentation shall accompany the preliminary site plan:
Whether or not the development is to be staged, the preliminary plan shall show the intended total project. Any project that requires more than 24 months to complete shall be staged.
The Planning Board may require such additional information that appears necessary for a complete assessment of the project.
Upon receipt of a certified complete preliminary site plan application from the authorized official, the Planning Board shall act on it. 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 has been approved, conditionally approved, or denied.
The Planning Board's statement may include recommendations as to desirable revisions to be incorporated in the final site plan, conformance with which shall be considered a condition of approval. If the preliminary site plan is conditionally approved, the Planning Board's statement shall 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. 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 moderate to high susceptibility to erosion or excavation for and construction of site improvements shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of the Zoning Ordinance, and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
Final application. 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 final site plan and apply in writing to the authorized official who shall refer the application, when complete in all respects, to the Planning Board for its review and approval. However, 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 conform to the approved preliminary site plan and shall incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. All compliances shall be clearly indicated by the applicant.
Within 62 days of receipt of the certified complete final site plan application from the authorized official, the Planning Board shall hold a public hearing as required by § 210-111 of this Code. The Planning Board shall make a decision on the application within 62 days after the close of such hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and such Board.
[Amended 4-23-2013 by L.L. No. 3-2013]
Upon approval the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Building Inspector, who shall then approve a building permit if the project conforms to all other applicable requirements. Building permits shall be issued in accordance with § 210-104.
Requirement for improvements shown on the site plan shall be those set forth in this chapter and in other ordinances, rules and regulations or in construction specifications of the municipality.
Adequate stormwater drainage shall be provided and shall be based on a ten-year rainfall frequency for interior drainage design. A project shall be in or part of a drainage district.
The storage or accumulation of refuse shall not be permitted in any area outside of a building.
Any project with only one access road shall have an alternate clear accessway available for the use of emergency vehicles.
All projects shall be suitably landscaped including the provision of vegetation of suitable species and at appropriate levels of maturity in order to screen effectively dissimilar uses from one another, both visually and acoustically, and to protect and enhance the overall quality of the environment. A landscaping plan shall be prepared by a licensed landscape architect and shall show his seal and signature.
All projects shall have landscaping equal to a minimum expenditure of 1% of the total project cost. Landscaping shall be considered as any living plant but shall not include excavating, earthmoving, fill, grading or paving associated with the normal requirements of building. In addition, all projects shall contain on the site, on or in the building, but not to include the inside of an apartment, employee space, assembly or storage area, artwork of a minimum expenditure of 1/2 of 1% of the total project cost. Artwork may be paintings, sculptures, gardens, fountains, pools or other artwork approved by the Village.
The following special provisions apply only to multifamily developments or to multifamily, townhouse and other multiresidential unit structures or portions of a planned unit development:
Every development shall have within it suitable open space available for the use of the residents. Four hundred square feet of such open space per resident family is an adequate reservation. Development of this open space for passive and/or active recreational uses shall be provided in a manner suitable to the prospective occupants of the development. Area devoted to swimming pools and other such formal recreation areas shall be considered in meeting this requirement. Yard areas may also be so considered as long as access to them is not prohibited by fencing or other means; but parking areas shall not be included in such assessment.
No part of any basement shall be used for living units.
All living units shall have a storage area in the same building, but not in the apartment, of at least 7% of the living unit, and the smallest dimension shall not be less than four feet.
Buildings shall be located so that the privacy of individual units is protected, so that their arrangement creates usable open spaces, avoids monotonous, undifferentiated silhouettes and produces a satisfactory microclimate.
Sidewalks shall be provided and be integrally designed so as to provide safe and convenient access between buildings and between buildings and internal recreation, parking and service areas.
A school bus loading area, if necessary, shall be provided that meets the necessary safety standards and locational needs.
[Amended 12-9-2014 by L.L. No. 17-2014]
Any person aggrieved by a decision of the Planning Board may apply to the supreme court for review by a proceeding under Article 78 of the Civil Practice Law and Rules, as set forth in § 7-725-a(11) of the New York Village Law.