[Adopted 3-5-2007 by L.L. No. 1-2007]
The Village Board finds that the Village Code
should include provisions to allow for the harmonious development
of commercial and industrial properties within the Village of Akron.
The historical development of the Village has placed commercial and
industrial zones in close proximity and development requires detailed
review. The following site plan provisions are intended to secure
compliance with the requirements of the Village Code regarding site
development and with accepted professional design practice for such
site improvements as grading, drainage, means of access, signs, architectural
features, screens, sidewalks, curbs, parking, landscaping, fences,
driveways, location and dimension of buildings in proposed single
parcel development.
A.
SITE PLAN
Definitions. As used in this article, the following
terms shall have the meanings indicated:
A rendering, drawing or sketch prepared to specifications
and containing necessary elements, as set forth in this section, which
shows the arrangement, layout and design of the proposed use of a
single parcel of land as shown on said plan. Plats showing lots, blocks
or sites which are subject to review pursuant to authority provided
for the review of subdivisions under § 7-728 of the Village
Law shall continue to be subject to such review and shall not be subject
to review as site plans under this article.
B.
Approval of site plans. The Planning Board shall review
and recommend to the Village Board, recommend with modifications,
or not recommend site plans prepared to specifications set forth in
this article and in regulations of the Planning Board. Other than
a single- or two-family dwelling or its accessory buildings or structures,
a building permit or certificate of occupancy shall not be issued
by the Code Enforcement Officer unless a site plan showing such building
or use has been recommended by the Planning Board and approved by
Village Board resolution.
C.
Building permit and certificate of occupancy applications
for any building or structure or use, other than a single- or two-family
dwelling or its accessory buildings or structures, shall be submitted
to the Code Enforcement Officer, together with three copies of a site
plan drawn to scale and showing the following items in the detail
specified:
(1)
Title of the drawing, including name of the owner
and person responsible for the drawing; North arrow, scale and date;
an area map showing all properties, streets, and easements within
200 feet of the proposed site; property lines and related street,
right-of-way and easement lines with dimensions shown as determined
by a licensed land surveyor.
(2)
Locations, dimensions and construction materials of
existing and/or proposed buildings, structures, and other site improvements,
including drains, culverts, retaining walls, and fences.
(3)
The layout of existing and proposed parking and truck
loading areas showing the details and dimensions of aisles, driveways
and each parking space, including access and egress drives and clear
indication of traffic patterns on site.
(4)
Existing topography of the site and immediately adjacent
property as revealed by contours or key elevations as may be required
by the Planning Board and any proposed regrading of the site, including
watercourses, wetlands, and floodplains with data sources.
(5)
Grading and drainage plan, showing existing and proposed
contours at two foot intervals and soil data generally required on
that portion of any site proposed for development or where general
site grades exceed 5%.
(6)
Existing and proposed street trees, and landscaping
and a plan for the replacement trees which will be removed during
the construction process.
(7)
Size, location and height of all existing and proposed
outdoor lighting and sign locations.
(8)
The location, size, and design of all gas, electric,
water, sewage, communications and other utility lines planned to service
the site.
(9)
Location of fire and other emergency zones.
A.
Within five business days of its receipt, the Code
Enforcement Officer shall forward one copy of the site plan to the
Planning Board for its approval and one copy to the Superintendent
of Public Works for his or her review and recommendations. Any recommendations
of the Superintendent of Public Works shall be transmitted, in writing,
to the Planning Board and the Code Enforcement Officer within two
weeks of the Superintendent's receipt of the site plan. If the Superintendent
of Public Works has no recommendation with regard to the site plan
submitted, he or she shall report that fact, in writing, within the
same time period to the Planning Board and the Code Enforcement Officer.
B.
Application for area variance. Notwithstanding any
provisions of law to the contrary, where a proposed site plan contains
one or more features which do not comply with the zoning regulations,
applications may be made to the Zoning Board of Appeals for an area
variance pursuant to § 7-712-b of the Village Law, without
the necessity of a decision or determination of the Code Enforcement
Officer or other administrative official charged with the enforcement
of the zoning regulations. Any time requirements under the site plan
review process shall toll during the period of review and approval
by the Zoning Board of Appeals.
C.
Notice to County Planning Agency. At least 10 days
before any public hearing, the Planning Board shall mail notices thereof
to the County Planning Agency, as required by § 239-m of
the General Municipal Law, which notice shall be accompanied by a
full statement of the matter under consideration, as defined in Subdivision
1 of § 239-m of the General Municipal Law. In the event
that a public hearing is not required, the matter shall be referred
to the County Planning Agency before final action is taken thereon,
if required by § 239-m of the General Municipal Law.
D.
Compliance with State Environmental Quality Review
Act. The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations as codified in 6
NYCRR 617.
E.
Decision on site plans. The Planning Board shall make
a recommendation to the Village Board of Trustees on the application
for site plan approval within 62 days after the day the application
is received. The time within which the Planning Board must render
its decision may be extended by mutual consent of the applicant and
such Board. A site plan shall not be considered received by the Planning
Board until it has received the established site plan review fee together
with an application and three copies of a plan that conforms to the
requirements of this section and any reasonable rules of procedure
adopted by the Planning Board. The decision of the Planning Board
shall immediately be filed in the office of the Village Clerk and
a copy thereof mailed to the applicant. Nothing herein shall preclude
the holding of a public hearing by the Planning Board or Village Board
on any site plan approval application. Upon the filing of the recommendation
with the Village Clerk, the Clerk shall place the site plan on the
agenda of the next Village Board meeting and the Village Board will
have 45 days from that meeting to render a written decision to the
applicant. In the event that the site plan is not approved, the Board
shall notify the applicant, in writing, of its decision and its reasons
for disapproval.
F.
In the event a public hearing is held, such hearing
must be held within 62 days of the receipt of the application for
site plan approval. Notice of such hearing must be mailed to the applicant
10 days prior to the hearing, and publication must be at least five
days prior to the hearing.
G.
Conditions attached to the approval recommendation
of site plans. The Planning Board shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to a proposed site plan. Upon its approval recommendation
of said site plan, any such conditions will be filed with the recommendation
to the Village Board.
The reviewing bodies shall consider in reviewing
the site plan the following matters, but are not limited to the following:
A.
Zoning and compliance with the Comprehensive Plan.
B.
Adequacy and flow of vehicular and pedestrian traffic
with emphasis on general safety.
C.
Location, arrangement, appearance and sufficiency
of parking and loading.
D.
Adequacy of fire and emergency zones.
E.
Location, arrangement, size, design and general site
compatibility of buildings, lighting, signs and lighting.
F.
Adequacy of the stormwater and drainage facilities,
water and sewage disposal, and other utility supply.
G.
Adequacy and design of the landscape as visual or
noise buffers and adequacy of the retention of existing vegetation
and plans to replace vegetation and trees destroyed during construction.
H.
Protection of neighboring properties against noise,
glare, or other features that might impact on the environment of surrounding
properties.
I.
Protection of solar access on neighboring properties.
