Village of South Glens Falls, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of South Glens Falls as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 67.
Uniform Fire Prevention and Building Code — See Ch. 69.
Zoning — See Ch. 153.
[Adopted 7-18-1990 by L.L. No. 2-1990]

§ 119-1 Applications requiring site plan review.

[Amended 10-28-1992 by L.L. No. 1-1992; 7-5-2007 by L.L. No. 4-2007]
The following applications shall require site plan review:
A. 
Any application for a building permit to construct, improve, renovate or convert a building which shall be used for any nonresidential principal purpose or use and/or any application for supplementary use where new construction for the use will disturb 10,000 square feet of land or increase impervious surface by 2,000 square feet or more.
B. 
Any application for a building permit to construct a new multiple dwelling, including but not limited to townhouses, condominiums, apartments of greater than four units, timeshares and clustering and/or any application for supplementary use where the new construction will disturb 10,000 square feet of land or increase impervious cover by 2,000 square feet or more.
C. 
Any application for a special use permit pursuant to Article VI of Chapter 153, Zoning, that may require additional site review, as determined by the Zoning Board of Appeals, Article VIII, § 153-27, Powers and duties, as a condition for a final action.
D. 
Any application for an area or use variance which is nonconforming pursuant to Chapter 153, Zoning, that may require additional site review, as determined by the Zoning Board of Appeals, Article VIII, § 153-27, Powers and duties, as a condition for final action.

§ 119-2 Adoption of procedures authorized; review and approval.

A. 
The Village Planning Board is hereby authorized to adopt by resolution site development review plan procedures.
B. 
The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove of site plans prepared to specifications set forth in regulations hereinafter adopted by the Planning Board.
[Adopted 9-12-1990]

§ 119-3 Review prior to building permit.

Prior to the issuance of a building permit for any use requiring site plan review, the Planning Board shall conduct a site plan review of the proposal. The site plan review will be conducted in strict compliance with this section.

§ 119-4 Intent.

It is the intent of this article to promote and encourage good design standards, adequate site amenities and visual and physical qualities in residential, commercial and industrial development. It is further the intent of this article to promote compatible land uses.

§ 119-5 Function of site plan.

It is the function of the site plan to illustrate the intended design, arrangement and uses of the land to be improved and to describe the effect the proposal will have on the physical, social and economic environment of the community.

§ 119-6 Costs to be charged to applicant/developer.

[Amended 11-6-2002 by L.L. No. 7-2002]
A. 
The Planning Board may, on complex matters, require an applicant/developer, at the time of application for any review, permit or approval, to deposit with the Village Clerk/Treasurer in an escrow account a fund in an amount established by the Planning Board to satisfy the fees and/or costs of any licensed engineer, licensed land surveyor, consultant or attorney designated by the Planning Board to review such application for the Planning Board. The sums collected shall be for fees or other extraordinary expenses based upon actual expenditure for the anticipated services. A schedule of reasonable costs that may be anticipated for this purpose shall be established from time to time by request of the Planning Board to be confirmed and established by resolution of the Village Board.
[Amended 3-21-2007 by L.L. No. 1-2007]
B. 
The Village of South Glens Falls reserves the right to require the applicant/developer to fund an escrow account for a project if that project has received a positive declaration according to the State Environmental Quality Review Act (SEQRA). Due to the direct relationship between the costs of preparing an environmental impact statement (EIS) and the specific characteristics of the lands to be used, exact costs per unit or per project cannot be specifically ascertained. Should a project application before the Planning Board obtain a SEQRA positive declaration, the Planning Board shall estimate the cost of any additional review and inform the applicant/developer. Upon complete review of the EIS, should funds remain available in the account at the conclusion of the Village Engineer's and/or Village Consultant/Attorney's final billing, those remaining funds shall be refunded to the applicant/developer. If funds on deposit are insufficient for completion of the Planning Board's review of the EIS, the applicant/developer may be required to deposit additional funds to pay anticipated increased costs as they may be required for final review.
C. 
The fees and/or costs reasonably charged by the engineer, licensed land surveyor, other consultant or attorney in connection with such review for the Planning Board shall be deducted and paid from the funds deposited by the applicant/developer in escrow with the Planning Board. Any surplus remaining in the escrow fund shall be returned to the applicant/developer within 45 days after final action on the application. Funds deposited in escrow shall not accrue interest for the benefit of the applicant/developer.
D. 
If the Planning Board determines that additional and/or special review may be required, the Planning Board may in its sound discretion require an independent engineering firm and/or consultant. The firm or consultant, prior to commencing any further review on the application, shall furnish an estimate of technical review fees which may supplement the standard and initial review requirements. The applicant/developer shall have the option of depositing the technical review fee estimated amount with the Planning Board in the escrow account or, in the alternative, withdraw the application or appeal to the Village Board of Trustees for mediation on any amount of funding required to be placed in escrow by the Planning Board. Any decision after mediation by the Village Board of Trustees with respect to the issue shall be considered final and binding upon the applicant/developer and the Planning Board.
E. 
Satisfaction of all fees provided for under this section shall be due in full from the applicant/developer prior to the signing of any mylar maps or the issuance of a building permit by the Village of South Glens Falls.

§ 119-7 Review procedure.

[Amended 10-28-1992 by L.L. No. 1-1992]
The review of residential, commercial and industrial site plans is divided into three phases: presubmission, preliminary application and final application.
A. 
Presubmission conference.
(1) 
The Building Inspector shall refer the applicant to the Chairman of the Planning Board, who shall schedule a presubmission conference for the next regularly scheduled Planning Board meeting. The purpose of the presubmission conference is to give the Planning Board and the applicant an opportunity to gain a perspective of the proposal's ramifications. This conference is beneficial to both parties because the community will gain knowledge of the applicant's intent, and the applicant will learn his/her responsibilities before either is committed to significant outlays of time or capital.
(2) 
At the presubmission conference, the applicant shall provide the Planning Board with basic data regarding the proposal. At a minimum, the applicant shall provide a map showing the important existing natural and man-made features in and around the site and a sketch plan showing the major features of the proposal.
B. 
Preliminary application for site plan approval.
(1) 
One original and nine additional copies of the application and all required exhibits for preliminary site plan approval shall be presented in writing by the applicant to the Planning Board. The application shall be presented no fewer than five working days prior to the next regularly scheduled Planning Board meeting following the presubmission conference, or sooner if the Planning Board deems it appropriate. The preliminary application will not be accepted for review unless all requirements outlined at the presubmission conference have been satisfied. The preliminary application shall be submitted and charged an application fee in an amount established by resolution of the Village Board.
[Amended 3-21-2007 by L.L. No. 1-2007]
(2) 
The application shall be accompanied by copies of the information drawn from the following checklist, as determined necessary by the Planning Board at the presubmission conference. The required preliminary site plan shall be prepared by a licensed professional engineer, architect, land surveyor or landscape architect.
(a) 
Preliminary site plan checklist.
[1] 
Title of the drawing, including name and address of the applicant and person responsible for preparation of such drawing.
[2] 
North arrow, scale and date.
[3] 
Boundaries of the property plotted to scale, encroachments and boundary line trees six inches caliper or greater.
[4] 
Existing watercourses, wetlands and floodplains.
[5] 
Grading and drainage plan, showing existing and proposed contours. The preparation of a stormwater pollution prevention plan (SWPPP) is required for a disturbance of one acre or more. Where supplementary use project descriptions inclusive of parking lot projects of five or more spaces creating 2,000 or more square feet of impervious surface or with land disturbances of 10,000 square feet, but less than one acre, the project shall be required to implement design standards and erosion and control guidelines. See § 153-17D(4), Grading and drainage for stormwater management objectives.
[Amended 7-5-2007 by L.L. No. 4-2007]
[6] 
Location, proposed use and height of all buildings and structures.
[7] 
Location, design and construction materials of all parking and truck loading areas, with access and egress drives thereto.
[8] 
Provision for pedestrian access.
[9] 
Location of outdoor storage, requiring or not requiring structures, if any.
[10] 
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
[11] 
Description of the method of sewage disposal and location of design and construction materials of such facilities.
[12] 
Description of the method of securing public water and location, design and construction materials of such locations.
[13] 
Location of fire and other emergency zones, including the location of fire hydrants.
[14] 
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
[15] 
Location, size and design and construction materials of all proposed signage.
[16] 
Location and proposed development of all buffer areas, including indication of existing vegetative cover.
[17] 
Location and design of outdoor lighting facilities.
[18] 
Designation of the percentage amount of building area proposed for the site.
[19] 
General landscaping plan and planting schedule.
[20] 
State Environmental Quality Review Act assessment (short environmental assessment form is the minimum required).
[21] 
Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution.
(b) 
Planning Board review of preliminary site plan application. The Planning Board's review of the preliminary site plan application shall include, but not be limited to, the following:
[1] 
The need of the proposed use.
[2] 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, channelization structures and traffic controls.
[3] 
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
[4] 
Location, arrangement, appearance and sufficiency of off-street parking and loading. (Note: requirements as per Chapter 153, Zoning).
[5] 
Location, arrangement, size, design and general site compatibility of buildings, lighting and signage.
[6] 
Adequacy of stormwater and drainage facilities.
[7] 
Adequacy of water supply and sewage disposal facilities.
[8] 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
[9] 
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
[10] 
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
[11] 
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(c) 
Consultant review. The Planning Board may consult with the Village Building Inspector, Fire Commissioners, environmental organizations, Village Department of Public Works Superintendent, Village Engineer, other local and county officials, the New York State Health Department, Department of Environmental Conservation and Department of Transportation.
(d) 
Referral to the County Planning Board. Prior to taking action on the preliminary site plan application, the Planning Board shall refer a copy of the application to the Saratoga County Planning Board for its review in accordance with § 239 of the General Municipal Law.
(e) 
Public hearing. In accordance with Village Law, a public hearing shall be held if required under Article XII, Powers of Planning Board.
[Amended 7-5-2007 by L.L. No. 4-2007]
(f) 
Planning Board action upon preliminary site plan application. Within 45 days after the receipt of a complete application for site plan review, the Planning Board shall conduct a review and give consideration to the applicant’s project. Upon conclusion of the Planning Board’s review, such Planning Board shall determine the application upon its merits, providing a decision for approval, approval with conditions, or a denial. Should any site plan application be disapproved, prior to such determination, the Planning Board shall conduct a public hearing and support such determination upon findings of fact and conclusions of law.
[Amended 10-19-1994 by L.L. No. 3-1994; 7-5-2007 by L.L. No. 4-2007]
C. 
Planning Board review of final site plan application. After receiving approval, with or without modifications, of the preliminary site plan application, the applicant shall submit a final detailed site plan application to the Planning Board for approval. The final site plan application shall conform substantially to the approved preliminary site plan and shall include any modifications that were required as a result of the preliminary site plan review.
(1) 
Planning Board action of final site plan application. Within 45 days of the receipt of the final site plan application or 62 days for subdivisions, the Planning Board shall approve or disapprove the final site plan application. Three copies of the final site plan application are required. The final site plan shall be prepared and sealed by a licensed professional engineer, architect, landscape architect or land surveyor.
[Amended 10-19-1994 by L.L. No. 3-1994]
(a) 
Upon approval of the final site plan, the Planning Board shall endorse its approval on all three copies of the final site plan and shall forward one copy to the Building Inspector and provide a second for filing with the County Planning Board, when applicable, for the applicant. The third copy will be retained by the Village Planning Board.
(b) 
Upon disapproval of the final site plan, the Planning Board shall so inform the Building Inspector, and the Building Inspector shall deny the applicant a building permit. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval.
(2) 
If the preliminary site plan application is approved without modifications, the final site plan application procedure may be waived by the Planning Board.
D. 
Performance guaranty. No certificate of occupancy shall be issued until all improvements shown on the approved site plan are installed. The sufficiency of such performance guaranty shall be determined by the Building Inspector after consultation with the Planning Board and/or the Village Department of Public Works Superintendent.
E. 
Incorporation by reference. All further changes, amendments or modifications to this chapter which are mandated by statute, rule or regulations of the State of New York are hereby incorporated by reference and shall not require further amendment of this chapter by local law.
[Added 10-19-1994 by L.L. No. 3-1994]