[Added 6-13-2017 by L.L.
No. 4-2017]
A. Purpose. The purpose of this article is to standardize the procedure
for the review of site plans and the requirements for site plan applications,
regardless of district.
B. Authorization; approval required.
(1) The Village Board hereby authorizes the Planning Board, pursuant
to Village Law §§ 7-725-a and 7-725-b, to review and
approve, approve with modification or disapprove site plans, prepared
as hereinafter set forth in this chapter, and, where provided in this
chapter, the Planning Board is further authorized to issue special
use permits upon determining that the public health, safety and welfare
shall be served and neighboring properties will not be affected. The
procedure for a special use permit shall be the same as a site plan.
(2) Further, the Planning Board is authorized to implement its architectural review responsibilities, as provided in §
200-73 of this article, as part of the site plan review process.
C. Applicability.
(1) In all districts, site plan approval by the Planning Board shall
be required for:
(a)
The erection or enlargement of all buildings in all districts other than single-family dwellings in SR-10 and SR-20 Districts, except that single-family dwellings shall be subject to site plan approval where they exceed the thresholds of §
200-25.1 (Out of character dwellings) or are located in the areas of special flood hazard as defined in §
107-4 of the Flood Damage Prevention Chapter of the Village of Monroe Code.
[Amended 9-14-2023 by L.L. No. 17-2023]
(c)
Any change in use from one principal permitted or accessory
use to another principal permitted or accessory use, including changes
in use within a permitted multiple use, e.g., a shopping center. Where
no exterior alterations or additions are proposed, the Code Enforcement
Officer shall determine if a formal application to the Planning Board
is required based on a completed Land Use Determination Form, as well
as any significant impact the change in use will have on the site
including, but not limited to, traffic volume, access, parking, circulation,
noise, the need for landscaping or screening, environmental uses,
loading, access, drainage, utilities or other municipal services or
character of the neighborhood.
(d)
Any application for a special use permit.
(e)
Earthwork or earthmoving activities, such as excavation, clearing,
stripping, filling, grading or removal such that any of the following
thresholds are met whether or not such activities are proposed individually
or as part of an application involving building construction. Where
building construction is involved, site plan approval will be required
for the entire proposed construction and shall not be limited to the
earthwork activities.
[Added 9-14-2023 by L.L. No. 11-2023]
[1]
A change in proposed grade that involves the use of any tracked
construction equipment or equipment in excess of 1,000 pounds.
[2]
A change in the finished grade by more than three vertical feet
at any single point on the lot.
[3]
A change in the average finished grade by more than one vertical
foot of any horizontal area exceeding 100 square feet.
[4]
A change in the average finished grade adjoining the foundation
of a principal building or use by more than one vertical foot.
[5]
A change in the grade plane as defined by the building code
of a principal structure by more than one vertical foot.
(2) In any cases where an amendment of any such plan is proposed, the
applicant must also secure the approval of the amendment by the Planning
Board.
(3) Site plan approval shall be obtained prior to the issuance of a building
permit, and no certificate of occupancy or certificate of use shall
be issued unless all requirements of the site plan approval have been
fully met. No lot or parcel of land shall be used except in conformity
with an approved site plan, when required. Where required, site plans
shall be referred to the Orange County Department of Planning and
other agencies.
D. Objectives and design requirements. In reviewing site plans, consideration
shall be given to the public health, safety and welfare; the comfort
and convenience of the public in general and of the residents or users
of the proposed development as well as of the immediate neighborhood;
and appropriate conditions and safeguards as may be required to further
the expressed intent of this chapter and the accomplishment of the
following objectives:
(1) That the site plan is in conformance with any relevant portions of
the Comprehensive Plan of the Village.
(2) That the design of all structures is compatible with that of surrounding
structures. Compatibility shall be determined by a review of the proposed
use of materials, scale, mass, height, color, texture, architectural
style and the location of the structure or structures on the site.
(3) That all proposed traffic and accessways are adequate but not excessive
in number; adequate in width, grade, alignment and visibility; and
not located too near street corners or other places of public assembly;
and other similar safety considerations.
(4) That adequate off-street parking and loading spaces are provided
to prevent parking in public streets of vehicles of any persons connected
with or visiting the use. The interior circulation system will be
adequate to provide safe accessibility to all required off-street
parking lots, loading bays and building services.
(5) That all playground areas, recreation areas, parking and service
areas are reasonably screened at all seasons of the year from the
view of adjacent residential lots and streets. In addition, the Planning
Board shall require such other landscaping and screening as may be
required to protect the aesthetic environment of the surrounding properties
and neighborhood.
(6) That all existing trees over 12 inches in diameter, measured three
feet above the base of the trunk, shall be retained to the maximum
extent possible.
(7) That all plazas and other paved areas intended for use by pedestrians
utilize decorative pavements and plant materials so as to prevent
the creation of vast expanses of pavement.
(8) That all outdoor lighting is of such nature and so arranged as to
preclude glare onto adjoining properties and streets.
(9) Signs and lights will be compatible and in scale with building elements
and will not dominate the overall visual impact of the project.
(10)
Textures of buildings and paved areas will be sufficiently varied
to prevent a massive or monolithic appearance, particularly areas
of asphaltic paving for parking.
(11)
That no sound from a public-address system should be audible
on adjoining properties or on the adjacent street.
(12)
That all mechanical equipment necessary to operate the buildings
services, which equipment is located on the roof of a structure, shall
be screened in a manner approved by the Planning Board.
(13)
That the stormwater system is adequate and has been designed in accordance with the latest Village and state standards and, if applicable, a stormwater pollution prevention plan has been prepared in accordance with Chapter
168, Article
II, and that all internal water and sewer systems are adequate and that all wells and sewage treatment systems are in accordance with Village, state, federal and county standards.
(14)
That the site plan and building design accommodate the needs
of the handicapped and are in conformance with the state standards
for construction concerning the handicapped.
(15)
Adequate provision shall be made for emergency services, including
but not limited to fire, police, ambulance, and protection against
environmental hazards, through placement of building, roadway access,
building access, internal circulation, protective systems such as
sprinklers or other appropriate measures as may be determined by the
Planning Board.
E. Procedure.
(1) Land use determination. Prior to the application for site plan approval,
special use permit review or any land use application, the applicant
shall complete and submit a Land Use Determination Form to the Code
Enforcement Officer for review in order to determine land use, necessary
permits and additional approvals required, if any, in accordance with
Village Code.
(2) Applications for site plan and/or special permit review shall be
made on forms prescribed by the Planning Board and shall be accompanied
by a fee in accordance with the Fee Schedule of the Village of Monroe,
as well as all supporting documents and plans. Such application shall
be submitted to the Secretary of the Planning Board in accordance
with the submission deadlines outlined in the yearly approved Planning
Board calendar. The Secretary shall refer the application to such
Village departments, agencies and consultants as are necessary to
evaluate the proposal and a consolidated packet shall be prepared
for the Planning Board meeting. Applications not complying with the
requirements of the site plan and special permit rules and regulations
shall be rejected. The applicant may, at its option, submit an informal
plan for discussion prior to a formal application for site plan review.
The site plan rules and regulations provide detailed specifications
as to application materials and requirements. For purposes of informal
discussion, the applicant should provide as much information as possible,
keeping in mind the specific criteria required in the site plan rules
and regulations. The informal discussion shall not constitute a formal
application and no approval can be granted based upon it.
(3) Submissions. Five paper copies as well as a PDF or digital copy of
the site plan or an amendment of a site plan, along with a cover letter
and any other supporting documents is to be submitted to the Secretary
of the Planning Board in accordance with the submission deadline as
outlined on the Yearly Planning Board Calendar.
(4) Public hearing; decision.
(a)
The Chairman of the Planning Board shall certify when all of
the necessary materials have been submitted, including all required
fees payable to the Village of Monroe. If all of the required materials
and fees have not been received, the application shall not be considered
as officially submitted. The Planning Board shall act to approve or
disapprove the site plan within 62 days after receiving the required
information or within 62 days after the close of the public hearing,
whichever date is later. The decision of the Planning Board shall
be immediately filed in the offices of the Building Inspector and
Village Clerk and a copy thereof mailed to the applicant. The period
may be extended by mutual agreement between the applicant and the
Planning Board.
(b)
Notice of public hearing shall be by publication in the official
newspaper of the Village at least 10 days before the date of said
hearing. In addition, the applicant shall be responsible for a mailing
of such notice to the owners of all properties abutting that property
held by the applicant and all other owners within 300 feet, or such
additional distance as the Planning Board may deem advisable, from
the exterior boundaries of the land involved in such application as
the names of said owners appear on the last completed tax assessment
roll of the Village. Such notice shall be given by regular first class
mail with a certificate of mailing, and the applicant shall furnish
to the Planning Board prior to the start of the public hearing such
certificates of mailing as proof of compliance with the notification
requirement. The notice for publication required by this section shall
be issued and published in the newspaper by the Secretary of the Planning
Board on order of the Planning Board or upon order of the Chairman
of said Board so as to expedite the public hearing on the application.
The applicant shall pay the actual and necessary costs of advertising
and holding a public hearing.
(c)
Before affixing official stamp and signature indicating approval,
the Planning Board Chairman shall require that a note appear on the
site plan stating that no change, alteration or modification shall
be made to the site plan, or in the work undertaken to accomplish
the objectives of the site plan, without a resubmission to, and approval
by, the Planning Board.
(d)
Concurrent with site plan approval, the applicant shall be required
to file with the Village Board a performance bond, letter of credit
or cash deposit, sufficient to cover the full cost of all improvements
and treatment, whether to be dedicated or maintained by the Village
or not, as outlined on the site plan. The sufficiency of such bond,
letter of credit or deposit shall meet the requirements of the Village
Engineer's cost estimate.
(e)
Concurrent with site plan approval, the applicant shall be required
to provide a cash deposit with the Village Board of Trustees for engineering
inspection fees. The amount of deposit shall be 5% of the total cost
of all improvements and treatment, whether to be dedicated or maintained
by the Village or not. The cost of improvements shall be as established
in the Village Engineer's estimate of the cost of improvements.
(f)
Upon submission of the approved site plan, and upon satisfaction
of any conditions imposed in such approval, and after review by the
appropriate Village departments, agencies and consultants, the Chairman
of the Planning Board shall sign the approved site plan and file one
copy with the Planning Board Secretary and one copy with the Building
Department. No site plan shall be signed, however, until all fees,
bonding and administrative actions are paid, and the final site plan
is reviewed and approved by the Village Engineer.
F. Expiration of site plan approval. Final site plan approval shall
expire one year from the date it is granted unless the applicant shall
secure a building permit or site work permit prior to the one-year
expiration date. The Planning Board may extend site plan approval
for a reasonable period not to exceed one year where the circumstances
are such that the applicant is unable to begin on-site work. In the
event that final site plan approval expires, then the applicant shall
be required to file a new application with the Planning Board. If
a governmental agency has imposed a moratorium that prevents the developer
from either starting construction or continuing construction on the
project, then the year or that portion of the year remaining as required
by this section shall be suspended until the moratorium is removed.
Once a building permit is issued, if on-site work ceases for a period
of more than six months, then the applicant shall be required to secure
an extension of the site plan approval from the Planning Board for
a reasonable period not to exceed one year.
G. Special permit. Where the Planning Board is authorized to issue a
special permit, the same procedure as site plan review shall be utilized,
and said review may be carried out simultaneously with the site plan
review. The Planning Board is authorized to require as a condition
to the issuance of a special permit that such special permit be renewed
at a specified period and after a public hearing.
H. Site improvements.
(1) No certificate of occupancy or use shall be issued for the site until
all the improvements shown on the site development plan, including
off-site improvements, have been duly installed and approved and all
easements and property interests granted or offered for dedication.
(2) The site shall be developed in strict conformity with the approved
site development plan except a field change may be instituted by the
Building Inspector or other appropriate Village consultant, upon request
of the applicant in writing and upon approval of the Planning Board.
No field change shall be valid unless the requested change has been
approved by the Planning Board, and details and/or drawings of the
approved field change are to be attached to the approved site development
plan.
(3) It shall be the duty of every property owner to maintain his/her
property in conformity with the approved site development plan. Failure
to do so shall constitute a violation of this chapter.
I. Required site plan information.
(1) The site plan shall be prepared, sealed and signed by a legally qualified
engineer, architect or surveyor and shall contain the following information:
(a)
General location. A location map at as minimum scale of one
inch equals 100 feet to indicate the relationship of the proposed
development to significant existing community facilities which will
serve or influence the layout, such as shopping areas, schools, parks,
employment centers, churches, firehouses, etc.; also, the relationship
of the proposed development to the nearest public roads on all four
sides, and the relationship to adjacent parcels, as well as all streams,
drainage and watercourses. This map (which may be based on the pertinent
Tax Map) shall be set into the site plan and shall include a North
point and indication of scale.
(b)
Development plan. Five print copies for original and subsequent
submissions. For final submission only: three print copies and two
reproducible Mylars. Plans should be of the entire contiguous holding
at a scale of one inch equals 100 feet or larger scale, and measuring
24 inches by 36 inches in size, indicating the location of that portion
which is to be developed in relation to the entire tract and the distance
to the nearest existing street intersection, and showing the following:
[1]
Acreage of each distinct land use and the proposed density of
each (if residential uses are proposed).
[2]
The names of all owners of record of adjacent property.
[3]
Existing school, zoning and special district boundaries within
100 feet of the tract.
[4]
Boundaries of the property with surveyed dimensions.
[5]
Location of all existing structures on the site.
[6]
The proposed location, height, spacing, area and use of all
proposed and existing buildings, structures and outdoor signs and
storage, if any.
[7]
The proposed location of any use not requiring a structure,
including walkways, benches, fences and recreational facilities.
[8]
Location of existing and proposed usable open spaces and recreational
areas and their landscaping.
[9]
All existing and proposed means of vehicular access and egress
from the site including details and calculations for turning radii.
[10] All streets which are proposed mapped or built.
[11] Location and design of all driveways, off-street
open and enclosed (if any) parking and loading areas, with the number
of stalls provided therewith; and curbing provided or to be provided.
[12] Location of all existing and proposed waterlines,
valves and hydrants, all sewer lines and other utilities.
[13] Existing drainage features (e.g., culverts, marshes,
ponds and streams) of the property and within 100 feet thereof and
the proposed storm drainage system.
[14] Existing and proposed fencing, landscaping, buffer
strips and screening, where required.
[15] A detailed lighting plan showing proposed location,
direction and type of outdoor lighting.
[16] Existing and proposed contours with intervals
of two feet.
[17] Location of existing rocky outcrops, trees (on
a separate tree plan), orchards, hedges and other ornamental landscaping,
wooded areas, stone walls, roads or lanes, power lines, easements
and other natural features and improvements thereto on the property.
[18] Where the applicant wishes to develop the project
in stages, a site plan indicating ultimate development shall be presented.
[19] Boundaries and identification of existing soil
types as may be found in the Soil Survey of Orange County, New York.
[20] Detailed drawings at an appropriate scale of all
public, common and community-type improvements to be constructed,
including, but not limited to, streets, driveways, parking lots, curbs,
sidewalks, drainage systems, water distribution, sanitary sewers,
guide rails, lighting, traffic control devices, soil erosion and sediment
control, parks and playgrounds, fencing, retaining walls and survey
monuments.
[21] A separate landscape plan showing both existing
and proposed landscaping, retaining walls and tree plantings, including
a note on the plan indicating that all approved landscaping will be
maintained in perpetuity.
[22] Profile drawings at an appropriate scale of streets,
drainage systems, sanitary sewers and water mains.
[23] Profile drawings at an appropriate scale of dumpster
enclosure(s).
[24] Designation, location and elevation of lands in
a floodway or subject to periodic flooding.
[25] Parking calculations for the intended use pursuant
to Village of Monroe Zoning Code.
[26] A Table of District Uses and Bulk Requirements
for the property.
[27] A note specifying hours of operation.
(2) Supporting materials.
(a)
Plans and plan elevations, except structural and mechanical
plans, of all proposed or proposed to be altered buildings or structures
or accessory structures, including all proposed freestanding signs.
(b)
Completed SEQRA Assessment Form.
(c)
Such other architectural, landscaping and engineering data as
may be required to evaluate the site plan. The applicant shall be
responsible for the costs of the same.
(d)
Drainage system calculations prepared by a New York State-licensed
professional engineer.
[Added 6-13-2017 by L.L.
No. 4-2017]
A. Findings and purpose. The Board of Trustees of the Village of Monroe
hereby finds that excessive uniformity, dissimilarity, inappropriateness
or poor quality of design in the exterior appearance of buildings
or other structures erected or altered can adversely affect the desirability
of the immediate and neighboring areas and, by so doing, impair the
benefits of occupancy of existing property in such areas, impair the
stability in value of both improved and unimproved real property in
such areas, prevent the most appropriate development and use of such
areas, produce degeneration of property in such areas with attendant
deterioration or conditions affecting the health, safety, comfort
and general welfare of the inhabitants thereof, and contribute to
the diminution of the taxable value of real property in such areas
and their ability to support municipal services provided therefor.
It is the purpose of this chapter to prevent these and other potentially
harmful effects resulting from such unattractive exterior appearance
of buildings and other structures erected or altered, and thus to
promote the public health, safety and welfare, to conserve the value
of buildings, to encourage the most appropriate use of land and to
improve the physical and visual appearance of the Village of Monroe.
B. Designation of Board. The Planning Board of the Village of Monroe
is hereby designated as the Architectural Review Board and may adopt
such rules not inconsistent with this chapter.
C. Applicability.
[Amended 9-14-2023 by L.L. No. 8-2023]
(1) The requirements of this chapter shall apply to any building or structure
requiring site plan or special permit approval and/or a building permit
application for exterior alterations or additions which change the
existing shape or design of a nonresidential building or structure,
or any application for a building permit for exterior changes to the
shape or design of a building previously approved by the Planning
Board; and any buildings, structures and alterations in subdivisions
consisting of five lots or more.
(2) The requirements of this chapter shall not apply to permits issued
for the construction of or alteration or addition to a single-family
or two-family dwelling, and construction of or alteration to any accessory
buildings or structures of a single-family or two-family dwelling,
except where the single-family or two-family dwelling is located within
the Village of Monroe Historic District or is listed or eligible to
be listed on the New York State Register of Historic Places.
(3) The Planning Board, in reviewing subdivisions, planned unit developments,
multiple-family dwellings and site plans, shall require the developer
or owner of the project to submit its plans for development of the
land, including the type of buildings to be constructed, the location
of the buildings on the proposed site, architectural renderings and
samples of the architectural materials to be used on the building
or structure, including impervious surface materials. After reviewing
the plans of the development and making an on-site inspection, the
Planning Board shall submit its recommendations for the development
to the developer or owner of the project, which architectural recommendations
may be made a condition of the Planning Board's final approval for
a given development.
D. Standards. The Planning Board may approve, conditionally approve
subject to special modifications or disapprove any application for
which a building permit has been applied, provided that such disapproval
is based on the fact that the building for which the permit was applied
would, if erected, be so detrimental to the desirability, property
values or development of the surrounding area as to provoke one or
more of the harmful effects as set forth in this chapter hereof by
reason of:
(1) Excessive similarity to any other structure existing or for which
a permit has been issued or to any other structure included in the
same permit application, facing upon the same street and within 300
feet of the proposed site, in respect to one or more of the following
features of exterior design and appearance:
(a)
Apparently identical facade.
(b)
Substantially identical size and arrangement of either doors,
windows, porticoes or other openings or breaks in the facade facing
the street, including reverse arrangement.
(c)
Other significant identical features of design, provided that a finding of excessive similarity shall state not only that such excessive similarity exists but further that it is of such a nature as to be expected to provoke beyond reasonable doubt one or more of the harmful effects set forth in §
200-73A above.
(2) Excessive dissimilarity or inappropriateness in relation to any other
structure existing or for which a permit has been issued or to any
other structure included in the same permit application, facing upon
the same street and within 300 feet of the proposed site, in respect
to one or more of the following features:
(c)
Height of building or height of roof.
(d)
Other significant design features, such as material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness shall state not only that such excessive dissimilarity or inappropriateness exists but further that it is of such a nature as to be expected to provoke beyond reasonable doubt one or more of the harmful effects set forth in §
200-73A hereof and that the finding is not based on personal preference as to taste or choice or architectural style.
E. Approval of plans and specifications required. In cases where the
Planning Board's review and approval is required hereby, the Planning
Board shall append the architectural renderings, materials and material
specifications approved and shall require conformance to same as a
condition of approval. Any deviation from the approved architectural
renderings or materials shall require an amendment to the approval
by the Planning Board. The Building Inspector shall not issue a building
permit until the Planning Board has approved the plans and specifications
for a building or alteration in accordance with this section. The
applicant for a building permit shall submit to the Building Inspector
such plans, renderings, materials and specifications as he may require
for the purposes hereof.
[Amended 9-14-2023 by L.L. No. 8-2023]
F. Certificate of occupancy. The Building Inspector shall not issue
a certificate of occupancy upon completion of the building or alteration
unless he finds that such building or alteration is completed in conformance
with the plans, renderings, materials and specifications approved
by the Planning Board for which issued the building permit.
[Amended 9-14-2023 by L.L. No. 8-2023]
G. Considerations in approving or disapproving plans and specifications.
In approving or disapproving plans and specifications for a building
or alteration, the Planning Board shall consider the purposes above
stated to promote architectural beauty and harmony of building design,
to prevent the monotony of residential housing in rows of buildings
which are identical or unduly similar in design or location in relationship
to streets, and to prevent buildings from being improperly designed
and located in relation to land contours, lot lines and street lines.
H. Waiver of requirements. The Planning Board may waive or vary any
requirements of this chapter where the layout of the neighborhood,
lot pattern, topography, observation of natural features used and
the siting of individual structures is such to avoid monotony of appearance
despite similarity of buildings.
Actions of the Planning Board shall be subject
to the procedures under the State Environmental Quality Review Act
(SEQRA). The Planning Board shall coordinate such procedures and shall
include a summary of all pertinent data in its findings, upon which
a determination is made.