The intent of this Article is to set forth additional
general standards applying to certain uses and activities. The nature
of these uses and activities require special consideration of their
impacts upon surrounding properties, the environment, community character
and the ability of the Village to accommodate development consistent
with the objectives of this chapter.
All applications for zoning permits, zoning
variances or special permits, except for one- and two-family dwellings,
their permitted accessory uses and any addition to a single- or two-family
dwelling, shall be accompanied by a site plan. No zoning permit or
building permit shall be issued until all the requirements of this
Article and all other applicable provisions of this chapter have been
met.
A.
Each application for a building permit or zoning permit,
variance or special permit for any structure, building or use, other
than one- or two-family dwellings, their permitted accessory uses
or any addition to a single- or two-family dwelling, shall be referred
to the Village Planning Board. The application shall be made to the
Planning Board by filing it with the Code Enforcement Official. The
Code Enforcement Official shall present it to the Planning Board at
the Planning Board's next regularly scheduled meeting. The applicant
may attend the Planning Board meeting to answer questions concerning
the application.
B.
Within 45 days of the receipt of the application,
or within 60 days in those cases for which the application is referred
to the County Planning Board, the Planning Board shall render a decision
to approve, approve with conditions or deny the site plan and shall
forward the decision to the Code Enforcement Official. Any extension
of this forty-five-day period may be granted upon consent of both
the applicant and the Village Planning Board. If the Planning Board
fails to act within the forty-five-day period or the extension period
that has been granted, the site plan shall be considered approved.
C.
A full written record of the Planning Board minutes
and decisions together with all documents pertaining to the case shall
be filed in the office of the Village Clerk and shall be mailed to
the applicant.
A preapplication conference may be held between
the Planning Board and the applicant to review the basic site design
concept and to determine the information to be submitted with the
site plan.
An application for site plan approval shall
be made in writing to the Code Enforcement Official and shall be accompanied
by information drawn from the following checklist. The Planning Board
may require additional information if necessary to complete its review.
A.
Plan checklist for all site plans:
(1)
Title of drawing, including name and address of applicant
and person responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Boundaries of the property, plotted to scale.
(4)
Existing watercourses and bodies of water.
(5)
Location of any slopes of 5% or greater.
(6)
Proposed grading and drainage.
(7)
Location, proposed use and height of all buildings
and site improvements, including culverts, drains, retaining walls
and fences.
(8)
Location, design and construction materials of all
parking and truck loading areas, showing points of entry and exit
from the site.
(9)
Location and design of all driveways and interior
roads and sidewalks.
(10)
Location of outdoor storage, if any.
(11)
Location of proposed water and sewer connections.
(12)
Location, size and design and construction materials
of all proposed signs.
(13)
Location and proposed development of all buffer
areas, including existing vegetation cover.
(14)
Location and design of outdoor lighting facilities.
(15)
Location and design of all refuse collection
and disposal facilities.
(16)
General landscaping plan.
(17)
Copy of property deed and a listing of all deed
restrictions.
The Planning Board's review of the site plan
shall include, as appropriate, the following:
A.
General considerations:
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, pavement surfaces,
dividers and traffic controls. This includes the maximum feasible
redesign of private roads to conform to public access and rights-of-way.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Location, arrangement, size and design and general
site compatibility of buildings, lighting and signs.
(5)
The effect on views/vistas of existing properties
due to the height, bulk or orientation of any proposed structure.
(6)
Adequacy of stormwater and drainage facilities.
(7)
Effect on available water supply and sewage disposal
facilities.
(8)
Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or noise buffer between
the applicant's and adjoining lands, including the maximum feasible
retention of existing vegetation.
(9)
In the case of an apartment complex or other multiple
dwelling, the adequacy of usable open space for play areas and informal
recreation.
(10)
Protection of adjacent or neighboring properties
against noise, glare, unsightliness or nuisances.
(11)
Protection of solar access on adjacent or neighboring
properties.
(12)
Adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
(13)
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(14)
Special attention to the productive use and
access with backlot areas, indicating present and future intended
uses.
(15)
Consistency with the general intent of the Village's
Comprehensive Plan.
B.
Consultant review. The Planning Board may consult
with the Village Code Enforcement Official, Fire Marshal, highway
departments, County Planning Department and other local and county
officials, in addition to representatives of federal and state agencies,
including but not limited to the Soil Conservation Service, the State
Department of Transportation and the State Department of Environmental
Conservation.
C.
Optional public hearing. The Planning Board may conduct
a public hearing on the proposed site plan. If a public hearing is
considered desirable by a majority of the Planning Board, such public
hearing shall be conducted within 45 days of the receipt of the complete
application and shall be advertised in the official newspaper of the
town at least 10 days before the public hearing. If a public hearing
is held, a decision on the site plan shall be rendered within 45 days
after the public hearing.
D.
Additional public notice. If the Planning Board determines
that a public hearing shall be held, the applicant shall place one
sign on the property for which site plan review is requested. Said
sign shall be provided by the Code Enforcement Official. The sign
shall be placed in a location which is easily read from a public street.
The sign shall specify the date, time and place of the public hearing
and a telephone number to call for more specific information. Such
sign shall be placed on the site not less than five days prior to
the public hearing and shall be brought to the hearing by the applicant
or his designated representative.
E.
Action on site plan.
(2)
If the Planning Board grants final approval of the
site plan, the Planning Board shall direct the Planning Board Chairman
to endorse its approval on the original Mylar and one copy of the
final site plan. Once signed, the Planning Board shall forward the
Mylar and site plan to the Code Enforcement Official. The Code Enforcement
Official shall issue a zoning permit to the applicant if the project
conforms with all other applicable requirements and permits.
(3)
If the Planning Board disapproves the site plan, the
Planning Board shall so inform the Code Enforcement Official and the
applicant. The Code Enforcement Official shall deny a zoning permit
to the applicant. The Planning Board shall also notify the applicant,
in writing, of its decision and its reasons for disapproval. A copy
of the appropriate minutes may suffice for this notice.
(4)
If the Planning Board conditionally approves the site
plan, the site plan initially submitted shall be considered to be
the preliminary site plan, and the applicant may prepare his final
detailed site plan and submit it to the Planning Board for approval.
If more than six months have elapsed between the time of the Planning
Board's report on the preliminary site plan and if the Planning Board
finds that conditions have changed significantly in the interim, the
Planning Board may require a resubmission of the preliminary site
plan for further review and possible revision prior to accepting the
proposed final site plan for review.
A.
The final detailed site plan shall conform substantially
to the preliminary site plan that has received conditional approval.
It should incorporate any revisions or other features that may have
been recommended by the Planning Board during the preliminary review.
All such compliances shall be clearly indicated by the applicant on
the appropriate submission.
B.
The following additional information shall accompany
an application for final site plan approval:
(1)
Detailed sizing and final material specification of
all required improvements.
(2)
An estimated project construction schedule.
(3)
A detailed plan identifying all lands, easements and
rights-of-way which shall be commonly owned with the identification
of the association responsible for said ownership, the method of managing
commonly owned properties and requiring that the officers of said
association shall be identified to the Code Enforcement Official,
in writing, on an annual basis.
(4)
Information specifying the materials to be used and
information as to the character of the exterior design.
A.
Within 45 days of the receipt of a complete application
for final site plan approval, the Planning Board shall render a decision
to the applicant and the Code Enforcement Official.
B.
Upon approval by all involved agencies, an application
for final site plan approval by the Planning Board shall direct the
Planning Board Chairman to endorse its approval on the original Mylar
and one copy of the final site plan. Once signed, the Planning Board
shall forward the Mylar and site plan to the Code Enforcement Official.
The Code Enforcement Official shall issue a zoning permit to the applicant
if the project conforms with all other applicable requirements and
permits.
C.
Upon disapproving an application for a final site
plan, the Planning Board shall so inform the Code Enforcement Official
and the applicant. The Code Enforcement Official shall deny a zoning
permit to the applicant. The Planning Board shall also notify the
applicant, in writing, of its decision and its reasons for disapproval.
A copy of the appropriate minutes may suffice for this notice.
A.
Expiration of site plan approval. Such site plan approval
shall automatically terminate one year after the same is granted unless
significant work has been done on the project.
B.
Reimbursable costs. Reasonable costs incurred by the
Village for consultation fees or other extraordinary expenses associated
with the review of a proposed site plan shall be charged to the applicant
in accordance with the fee schedule.
C.
Performance guaranty. No zoning permit shall be issued
until all improvements shown on the site plan are installed or a sufficient
performance guaranty, approved by the Village Board, has been posted
for improvements. The sufficiency of such performance guaranty shall
be determined by the Village Board after consultation with the Code
Enforcement Official, Village Engineer, Planning Board and Village
Attorney.
D.
Inspection of improvements and development. The Code
Enforcement Official shall be responsible for the overall inspection
of site improvements, including coordination with the Village officials
and agencies, as appropriate. No certificate of occupancy shall be
granted prior to a final inspection and determination of conformity
to the site plan and the New York State Uniform Code and all other
applicable laws, codes and regulations.
E.
Integration of site plan approval procedure with other
Planning Board approvals. Whenever the particular circumstances of
a proposed development require compliance with either the special
use permit procedures or other requirements of this chapter, the Planning
Board shall attempt to integrate, as appropriate, site plan review
as required by this Article with the procedural and submission requirements
for such other compliances. In any case, all state permits and local
land use control approvals shall be procured prior to the issuance
of a building permit for a development project.
F.
Conflicts. If any conflicts exist between this site
plan review procedure and other land use controls of the Village,
this Article shall apply.
