[Amended 1-10-2023 by L.L. No. 2-2023; 7-9-2024 by L.L. No. 7-2024]
A.
Whenever any nonresidential building or any multifamily dwelling is proposed to be erected or enlarged or altered or whenever any dwelling or other structure is proposed to be erected, enlarged or altered on a lot at a distance from the street or on a lot approved by the Planning Board under the provisions of § 7-738 of the Village Law, a site plan for such building shall be submitted to the Planning Board for review and approval, approval with modifications, or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
B.
Whenever any land-disturbing activity within the adjoining property buffer area, as defined in § 254-4, is proposed, a site plan shall be submitted to the Planning Board pursuant to § 254-10.1 for review and approval, approval with modifications, or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
C.
Whenever any site disturbance, as defined in § 310-2 of this Code, exceeds the thresholds set forth in § 251-1C(1) below, a site plan shall be submitted to the Planning Board for review and approval, approval with modifications, or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
(1)
Site disturbance thresholds for site plan review in the following zoning districts shall be as follows:
Zoning District | Thresholds for Site Plan Review |
|---|---|
A-5: 5,000 sf min. | 50% of lot area |
A-4: 7,500 sf min. | 45% of lot area |
A-3: 10,000 sf min. | 40% of lot area |
A-2a: 15,000 sf min. | 40% of lot area |
A-2: 20,000 sf min. | 35% of lot area |
A-1: 1 acre | 30% of lot area |
AA-1: 2 acres | 30% of lot area |
(2)
The following activities are exempt from the site disturbance thresholds set forth in § 251-1C(1) above.
(a)
Repairs to any stormwater management practice or facility deemed necessary by the Village Engineer;
(b)
Routine landscaping maintenance activity in areas that have already been cultivated, including, but not necessarily limited to, the stripping of existing lawn areas followed by the immediate replacement in kind where there are no proposed changes in grade;
(c)
Repair in kind or repaving of existing walls, driveways, patios, walkways, tennis courts, and swimming pools, provided the parcel is not regraded in the process; and
(d)
Emergency activity necessary to protect life, property, or natural resources.
D.
For all construction and other development ("development" as defined in § 167-4 of this Code) to be undertaken within a special flood hazard area (SFHA), as identified in Flood Insurance Rate Maps (FIRMs) and/or Flood Hazard Boundary Maps (FHBM) published by the Federal Emergency Management Agency (FEMA), a site plan shall be submitted to the Planning Board for review and approval, approval with modifications or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
(1)
The Village Engineer, in its sole discretion, may grant a waiver from receiving site plan approval under this Subsection D, as follows:
(b)
The proposed construction or development would not result in an increase in stormwater surface runoff within a SFHA or FHBM; or
(c)
The proposed construction or development would not result in an increase in impervious surface coverage within a SFHA or FHBM; or
(d)
The proposed construction or development would not result in an adverse impact on a wetland, watercourse, water body, or environmentally critical area; or
E.
For any corner lot within a residential zoning district, where a newly constructed home is proposed, a site plan shall be submitted to the Planning Board for review and approval, approval with modifications, or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
F.
A demolition site plan, in accordance with § 251-5D, shall be submitted to the Planning Board for review and approval, approval with modifications, or disapproval for i) the demolition, removal, or structural alteration of more than 50% of a one-family dwelling's total exterior walls (measured in linear feet) or ii) the demolition, removal, or structural alteration of more than 50% of a one-family dwelling's total front-yard-facing exterior walls (measured in linear feet). Exterior walls will be deemed to be the subject of "structural alteration" if, in the judgment of the Building Official, there is reasonable cause to believe that the walls will be, or will have to be, substantially replaced during the construction process, or the walls will not survive the construction process intact. Demolition site plan approval shall only be granted after the Committee for Historic Preservation, or the Board of Trustees on appeal, has issued a certificate of appropriateness and, if applicable, such demolition site plan shall be approved at the same time as any other site plan approval required under this Code. If a demolition site plan is required, no demolition permit shall be issued except in conformity with a demolition site plan approved by the Planning Board.
G.
The construction or enlargement of any residential property in a Residence A Zoning District with a proposed gross floor area of 15,000 square feet or more shall require site plan approval from the Planning Board. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
H.
Applications for a cluster site plan, pursuant to Village Law § 7-738, shall require site plan approval from the Planning Board. In addition to the requirements and standards set forth in this chapter, such applications shall also comply with § A319-45 of this Code. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
I.
In accordance with § 310-19 of this Code, site plan approval shall be required for any legal nonconforming interior lot, commonly referred to as a "flag lot." No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
J.
Site disturbances in the aggregate. For the purposes of Subsections C and F above, demolition, construction, alteration, or improvements proposed in all building permit applications within any thirty-six-month period shall be aggregated to determine if any of the thresholds for "site disturbance" or "structural alteration" have been met.