[HISTORY: Adopted by the Board of Trustees
of the Village of South Glens Falls as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-18-1990 by L.L. No. 2-1990]
[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.
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]
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.
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.
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.
[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.
[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]
