[Added 5-15-1978 by L.L. No. 3-1978]
In all districts, approval of an original or
amended site development plan (referred to hereinafter as "site plan")
by the Planning Board shall be required for:
A.
The erection or enlargement of all buildings other
than one- and two-family residences in all districts.
B.
All uses of vacant land,
C.
Any change in use or intensity of use which will affect
the characteristics of the site in terms of parking, loading, access,
drainage, utilities or other Village services.
D.
The erection of all one- and two-family residences
in all districts.
[Added 3-2-2004 by L.L. No. 7-2004]
E.
The enlargement or other alteration of a one- or two-family
residence in all districts, which results in a new building area in
excess of 50% of the original building area or a total new building
area in excess of 1,000 square feet more than the original building
area. For purposes of interpretation and enforcement of this subsection,
the term "original" shall be deemed the size of the residence on the
date when the construction of the residence was first completed or
on the date five years before the instant application, whichever was
the last date to occur, and the term "new" shall include all enlargements
since the date when the construction of the residence was first completed
or the date five years before the instant application, whichever was
the last date to occur.
[Added 3-2-2004 by L.L. No. 7-2004;
amended 5-18-2004 by L.L. No. 13-2004]
Any amendment of a previously approved site
plan shall be subject to approval by the Planning Board, pursuant
to the same procedure as that applicable to an original site plan.
No building permit may be issued for any building
within the purview of this section until approval of a site plan has
been secured by the applicant and presented to the Building Inspector.
No certificate of occupancy 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 plan.
In considering and reviewing site plans, the
Planning Board shall take into consideration the public health, safety
and welfare, the comfort and convenience of the public in general
and of the residents of the proposed development and of the immediate
neighborhood in particular, and may prescribe such appropriate conditions
and safeguards as may be required in order that the result of its
action shall, to the maximum extent possible, further the expressed
intent of this chapter and the accomplishment of the following objectives
in particular:
A.
That all proposed traffic accessways 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.
B.
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, loading bays and building services.
C.
That all playground, parking and service areas are
reasonably landscaped and screened at all seasons of the year from
the view of any adjacent residential lots and streets and that the
general landscaping of the site is such as to enhance the character
of the Village and is in character with that generally prevailing
in the neighborhood.
D.
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 and that all other important natural features
are properly protected.
E.
That all plazas and other paved areas intended for
use by pedestrians use decorative pavements and use plant materials
so as to prevent the creation of vast expanses of pavement.
F.
That all outdoor lighting is of such nature and so
arranged as to preclude the diffusion of glare onto adjoining properties
and streets.
G.
That the site plan is in conformance with such portions
of the Comprehensive Plan of the Village as may be in existence.
H.
That the existing and proposed drainage system will
afford the best solution to any drainage problems.
A.
Applications for site plan approval shall be made
on forms adopted by the Planning Board for that purpose. An original
and seven copies of the application, together with eight copies of
the proposed site plan and eight copies of the survey which served
as the basis for the site plan, shall be filed with the Village Clerk.
[Amended 9-2-1980 by L.L. No. 5-1980]
B.
The Chairman of the Planning Board shall schedule
the Board's consideration of the applications for site plan review
in such a manner as will permit an orderly and expeditious disposition
of these applications with due regard to the Board's other duties
and responsibilities. Prior to formal consideration of the application
by the Board, the Chairman may direct or the applicant may request
that a preliminary conference be held wherein the applicant shall
meet in person with the Board or such representatives of it as are
designated by the Chairman to discuss the site plan submitted so that
the necessary subsequent steps may be undertaken with a clear understanding
of the Board's requirements in matters relating to the development
of the site and recommendations with respect to the plan submitted.
[Amended 9-2-1980 by L.L. No. 5-1980]
C.
The Building Inspector shall certify on each site
plan whether or not such plan meets the requirements of all Zoning
Law provisions other than those of this article regarding site plan
review.
D.
The Planning Board shall act to approve, disapprove
or approve with conditions or modifications any such site plan within
65 days after the filing of the application is complete. Disapproval
or conditional approval by the Planning Board shall include written
findings upon any site plan element found contrary to the provisions
or intent of this chapter. In reviewing the application, the Planning
Board may hold a public hearing and may secure the advice or assistance
of one or more expert consultants qualified to advise as to whether
a proposed use will conform to the requirements of this chapter.
[Amended 9-2-1980 by L.L. No. 5-1980]
E.
Following approval of the site plan by the Planning Board, the developer shall file with the Village Clerk a performance bond, to cover the full cost of any required public improvements, in an amount set by the Planning Board. Such bond shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety. A period of one year or such other period as the Planning Board may deem appropriate, not to exceed three years, within which required public improvements must be completed shall be set forth in the bond. If the bond is not filed within 45 days of the approval granted in Subsection D above, the site plan shall be deemed disapproved.
Approval of a site plan by the Planning Board
shall be valid for a period of six months from the date thereof for
the purpose of obtaining a building permit. If substantial construction
is commenced within the six-month period and diligently prosecuted
thereafter, such approval shall be valid until the completion of all
proposed improvements on the site or for a period of not more than
two additional years.
[Amended 9-2-1980 by L.L. No. 5-1980]
The applicant shall cause a site plan map to
be prepared by an architect, landscape architect, civil engineer,
surveyor, land planner or other competent person at a scale of not
less than one inch equals 30 feet and not more than one inch equals
10 feet. The site plan shall include the elements listed below unless
one or more thereof are waived by the Planning Board's representatives
at a preliminary conference.
A.
Legal data:
(1)
Name and address of the owner of record.
(2)
Name and address of person, firm or organization preparing
the map.
(3)
Date, North point and written and graphic scale.
(4)
Sufficient description or information to define precisely
the boundaries of the property. All distances shall be in feet and
tenths of a foot. All angles shall be given to the nearest 10 seconds
or closer. The error of closure shall not exceed one in 10,000.
(5)
The lot lines and owners of all adjoining lands as
shown on the latest tax records.
(6)
The locations, names and existing widths of adjacent
streets and curblines.
(7)
The locations, widths and purposes of all existing
and proposed easements, setbacks, reservations and areas dedicated
to public use within or adjacent to the property.
(8)
A complete outline of existing deed restrictions or
covenants applying to the property.
(9)
Existing zoning.
B.
Natural features:
(1)
Existing contours with intervals of five feet or less,
referred to a datum satisfactory to the Planning Board.
(2)
Approximate boundaries of any areas subject to flooding
or stormwater overflows.
(3)
Location of existing watercourses, marshes, wooded
areas, rock outcrops, isolated trees with a diameter of either eight
inches or more, measured three feet above the base of the trunk, and
any other significant existing natural features.
C.
Existing structures and utilities:
(1)
Outlines of all structures and location of all uses
not requiring structures.
(2)
Paved areas, sidewalks and vehicular access between
the site and public streets.
(3)
Locations, dimensions, grades and flow direction of
any existing sewers, culverts and waterlines, as well as other underground
and aboveground utilities within and adjacent to the property.
(4)
Other existing development, including fences, landscaping
and screening.
D.
Proposed development:
(1)
The location of proposed buildings or structural improvements.
(2)
The location and design of all uses not requiring
structures, such as off-street parking and loading areas and any common
spaces and/or recreation areas.
(3)
The location, direction, power and time of use for
any proposed outdoor lighting or public address systems.
(4)
The location and plans for any outdoor signs.
(5)
The location, arrangement and materials of proposed
means of ingress and egress, including sidewalks, driveways or other
paved areas. Profiles indicating grading and cross sections showing
width of roadway, location and width of sidewalks and location and
size of water- and sewer lines. Any proposed direct pedestrian connection
to public parking lots or structures will also be shown.
(6)
A planting plan, prepared by a qualified landscape
architect or architect, showing any proposed screening and other landscaping.
(7)
The location of all proposed waterlines, valves and
hydrants and of all sewer lines or alternate means of water supply
and sewage disposal and treatment.
(8)
An outline of any proposed easements, deed restrictions
or covenants.
(9)
Any contemplated public improvements on or adjoining
the property.
(10)
Any proposed new grades, indicating clearly
how such grades will meet existing grades of adjacent properties or
the street.
(11)
Elevations of all proposed principal or accessory
structures.
(12)
If the site plan only indicates a first stage,
a supplementary plan indicating ultimate development.
(13)
Any other information deemed by the Planning
Board to be necessary for its determination that the site plan conforms
with the spirit and intent of this chapter.
[Amended 9-2-1980 by L.L. No. 5-1980; 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No. 17-2003]
On filing of an application under this article
with the Village Clerk, the applicant shall pay to the Village Clerk
such fees, costs, and deposits as shall be prescribed from time to
time by the Board of Trustees.
[Added 1-2-1996 by L.L. No. 3-1996;
amended 8-7-2012 by L.L. No. 14-2012; 2-18-2014 by L.L. No. 2-2014]
A.
The provisions of § 575-217 notwithstanding, whenever land use or development requires a permit, a local law revising the zoning regulations, an approval, or a variance from the Board of Trustees or the Board of Appeals, the responsibility of site plan review and approval under the provisions of this article may be assumed by such board, at such board's discretion, and if assumed, no separate application need be made to the Planning Board for such relief. In exercising such responsibility, the Board of Trustees and Board of Appeals shall have all the authority vested in the Planning Board by the provisions of this article, and cost and deposit requirements of § 575-224 shall apply, but not the fee requirement.
B.
The Board of Trustees, in reviewing the site plan for any project pursuant to this article, may elect to perform all or a part of the review otherwise required by the Committee of Architectural Review pursuant to Article XVIII of this chapter with regard to such project, and if it so elects, it shall acknowledge such election and the extent of such election in its determination, and to the extent of such election, it shall have all of the powers of the Committee of Architectural Review, and by its election, no separate application need be made to the Committee of Architectural Review to the extent of such election.
