[Amended 4-14-1980 by L.L. No. 2-1980; 11-23-1981 by L.L. No. 3-1981; 6-9-1994 by L.L. No. 2-1994; 2-24-2000 by L.L. No. 1-2000; 12-11-2014 by L.L. No. 2-2014; 6-9-2022 by L.L. No. 7-2022]
A.
The Zoning Board of Appeals is hereby authorized, pursuant to § 7-725-a
of the Village Law, to review and approve, approve with modifications
or disapprove preliminary site plans and final site plans.
B.
Prior to issuing a building permit for the construction of a building,
or for the alteration of a building if the area of any floor would
be increased 25% thereby, or where two or more parcels of land are
to be combined into one parcel, and prior to the issuance of a zoning
permit or certificate of occupancy for a change of use or occupancy
of land or a building, the Building Inspector or Code Enforcement
Officer shall refer the site plans of the parcel to the Zoning Board
of Appeals for its review and approval. Site preparation or the commencement
of construction prior to the termination of proceedings under this
article is prohibited. The construction or alteration of a one- or
two-family dwelling is hereby exempted from this article; and, except
for a one- or two-family dwelling, no zoning permit, building permit
or certification of occupancy shall be issued except in compliance
with the standards and procedures set forth in this article.
A.
Any preliminary application for site plan approval shall be made,
in writing, to the Building Inspector or Code Enforcement Officer
and shall be accompanied by the following information prepared by
a licensed engineer, architect, landscape architect or surveyor, drawn
to a scale of not greater than one inch equals 20 feet or smaller
than one inch equals 100 feet, submitted on a sheet not less than
18 inches by 24 inches:
(1)
One area map shall be provided showing the applicant's entire holding,
that portion of the applicant's property under consideration, and
all properties, subdivisions, streets and easements within 500 feet
of the applicant's property.
(2)
If grades exceed 3% or if portions of the site have a moderate to
high susceptibility to erosion or a moderate to high susceptibility
to flooding and ponding, one topographic map, showing contour intervals
of not more than two feet of elevation, shall be provided.
(3)
Fifteen copies of a preliminary site plan shall be provided, which
shall include the following information:
(a)
The title of the drawing, including the name and address of the applicant.
(b)
The North point, scale and date.
(c)
The boundaries of the property plotted to scale.
(d)
The existing watercourses.
(e)
A site plan showing the location, proposed use and height of all
buildings; the location of all parking and truck loading areas, with
access and egress drives thereto; the location of outdoor storage,
if any; the location of all existing or proposed site improvements,
including drains, culverts, retaining walls and fences; a description
of the method of sewage disposal and the location of such facilities;
the location and size of all signs; the location and proposed development
of buffer areas; the zoning setback requirements, a table that shows
required setbacks, parking spaces and other requirements and what
is proposed, and the location and design of lighting facilities. In
addition, the site plan must state the gross floor area and net floor
area for each building and delineate and state the area of each use
therein, including flex space, if any.
(4)
A tracing overlay shall be provided showing all soil areas and their
classifications and those areas, if any, with a moderate to high susceptibility
to erosion. For areas with potential erosion problems, the overlay
shall also include an outline and description of existing vegetation.
B.
The Village Code Enforcement Officer or the Zoning Board of Appeals
may, in its discretion, waive such of the foregoing as may not be
necessary in the interest of the public health, safety or general
welfare, or for proper review of the application.
C.
The Zoning Board of Appeals shall comply with the provisions of the
State Environmental Quality Review Act (SEQRA)[1] and implementing regulations thereunder. An application
for preliminary site plan approval shall not be considered complete,
and the review period shall not begin to start, until either a negative
declaration has been made or a draft environmental impact statement
has been filed.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
D.
A letter of intent prepared by the applicant or his designated representative
or agent shall accompany the preliminary site plan application and
shall include a statement outlining the proposed project, the owner
of the property and any proposed building, the project builder or
contractor, if known, a proposed construction schedule, the principals
involved in the financing of the project and any other information
deemed necessary by the Village Department of Public Works. Such additional
information may include data on the nature and legal status of existing
or proposed easements, a description of all deed restrictions or covenants
applicable to the property, etc.
E.
Appropriate
fees to cover the costs of processing the application for preliminary
site plan approval shall accompany the application and shall be paid
to the Village Clerk upon filing with the Village Zoning Board of
Appeals. Such fees shall be established by the Village Board by resolution,
may from time to time be changed by the Board and shall not be refundable.
A.
The
Zoning Board's review of a preliminary site plan shall include but
is not limited to the following considerations:
(1)
The adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, channelization structures and
traffic controls.
(2)
The adequacy and arrangement of pedestrian traffic access and circulation,
including the separation of pedestrian from vehicular traffic, walkway
structures, control of intersections with vehicular traffic and pedestrian
convenience.
(3)
The location, arrangement, appearance and sufficiency of off-street
parking and loading areas.
(4)
The location, arrangement, size and design of buildings, lighting
and signs.
(5)
The adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or a noise deterring buffer between these
and adjoining lands.
(6)
In the case of an apartment house, townhouse or multiple dwelling,
the adequacy of usable open space for playgrounds and informal recreation.
(7)
The adequacy of stormwater and sanitary waste disposal facilities.
(8)
The adequacy of structures, roadways and landscaping in areas with
a moderate to high susceptibility to flooding and ponding and/or erosion.
(9)
The protection of adjacent properties against noise, glare, unsightliness
or other objectionable features.
B.
In its
review, the Zoning Board may consult with the Village Engineer and
other Village, town and county officials, as well as with representatives
of federal and state agencies, including the Soil Conservation Service
and the New York State Department of Environmental Conservation. The
Zoning Board may require that the exterior design of all structures
be made by or under the direction of a registered architect, whose
seal shall be affixed to the plans.
C.
When
reviewing a site plan because of a change in the use or occupancy
of land, a building or any portion thereof, the Zoning Board shall
consider the impact of the proposed change upon other uses within
the same building or parcel. To the extent practical, the Zoning Board
may require such modification thereto as will promote the most efficient
use of land consonant with compliance with the provisions of this
chapter. In no event shall the Zoning Board waive the direct application
of a local law provision to the changed use or occupancy under review
without the approval of an appropriate variance.
D.
The
Zoning Board may require such additional provisions and conditions
that appear necessary for the public health, safety and general welfare.
E.
Site
approval standards for multiple dwellings, townhouses and condominiums.
(1)
Arrangement of buildings. The arrangement of buildings on the site
shall be subject to approval of the Zoning Board of Appeals after
meeting the following standards: access for residents; access for
safety vehicles and firefighters; and suitable provisions for light,
air and green areas surrounding buildings for residents and for the
preservation of the pleasant and uncrowded residential character of
the area. The layout of units shall not form long unbroken lines of
exterior walls. Groups shall be arranged to make efficient, comfortable
and convenient use of land and open space.
(2)
Parking. There shall be furnished space for parking automobiles sufficient
for two automobiles per living unit. There must be space furnished,
completely off the highway and with proper access, in paved areas,
large enough for one automobile per living unit. These areas must
be properly screened by plantings. The balance of the required parking
area, where not required to be enclosed, may be in paved areas beyond
the concrete gutters of the streets and adjacent to them. These shall
be screened by low plantings. All parking areas shall be agreed to
by the Village but shall be maintained by the owner of the apartment
building. Multiple-family dwellings shall provide at least one garage
or carport for a minimum of 1/4 of the apartments, townhouses, or
condominiums.
A.
The
Zoning Board of Appeals shall conduct a public hearing on the proposed
preliminary site plan. Such public hearing shall be conducted within
62 days of the date of receipt of the application for preliminary
site plan approval.
(1)
Proper notice of the public hearing shall be given by legal notice
published in the official newspaper of the Village of Webster at least
five days before the date set for a public hearing, as required by
§ 7-725-a, Subdivision 8, of the Village Law.
(2)
Those submitting site plan applications before the Zoning Board shall
be required to post a Village-provided sign in a publicly conspicuous
location on or in front of the front property line of the property
affected. Said sign shall notify the public of a pending application
and hearing and shall be posted not less than 10 days prior to and
up to the date of the hearing. Such sign shall be provided by the
Village and/or its designee and shall be removable by the Village
and/or designee within five days after the hearing is concluded.
B.
Upon
receipt of an application for preliminary site plan approval, the
Zoning Board shall refer such application to the Monroe County Department
of Planning and Development in accordance with General Municipal Law
§ 239-m.
C.
Within
62 days after the public hearing, the Zoning Board shall act on it.
The Zoning Board's action shall be in the form of a written statement
to the applicant stating whether the preliminary site plan is conditionally
approved or not. A copy of the appropriate minutes of the Zoning Board
shall be a sufficient report.
D.
The
Zoning Board may recommend in its statement desirable revisions to
be incorporated in the final site plan, conformance with which shall
be a condition of approval. If the preliminary site plan is disapproved,
the Zoning Board's statement shall contain the reasons therefor. The
Zoning Board may recommend further study of the site plan and resubmission
of the preliminary site plan to the Zoning Board after it has been
revised or redesigned.
E.
No modifying
of existing stream channels, filling of lands with a moderate to high
susceptibility to flooding, grading or removal of vegetation in areas
with a moderate to high susceptibility to flooding, grading or removal
of vegetation in areas with a moderate to high susceptibility to erosion
or excavating for or constructing of site improvements shall begin
until the developer has received final site plan approval. Failure
to comply shall be construed as a violation of this chapter and, where
necessary, final site plan approval may require the modification or
removal of unapproved site plan improvements.
F.
The
Zoning Board shall have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to a preliminary
site plan. Such conditions must be met in connection with the issuance
of permits by applicable enforcement agents or officers of the Village.
A.
After
receiving conditional approval from the Zoning Board on a preliminary
site plan and approval for all necessary permits and curb cuts from
state and county officials, the applicant may prepare his final detailed
site plan and submit it to the Zoning Board for approval; except that
if more than six months has elapsed between the time of the Zoning
Board's report on the preliminary site plan and if the Zoning Board
finds that conditions have changed significantly in the interim, the
Zoning 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.
B.
The
final detailed site plan shall conform substantially to the preliminary
site plan that has received preliminary site plan approval. It should
incorporate any revision or other features that were recommended by
the Zoning Board at the preliminary review. All such compliances shall
be clearly indicated by the applicant on the appropriate submission.
A.
Within
62 days of the receipt of the application for final site plan approval
for a site plan in substantial conformity with the previously approved
preliminary site plan, the Zoning Board shall render a decision to
the Code Enforcement Officer or Building Inspector. If no decision
is made within the sixty-two-day period, the final site plan shall
be considered approved.
B.
If the final site plan is not in substantial conformity with the previously approved preliminary site plan, the Zoning Board may determine to treat the application as an application for preliminary site plan approval and act thereon pursuant to § 175-41.1.
C.
Upon
approving an application for final site plan approval, the Zoning
Board shall endorse its approval on a copy of the final site plan
and shall forward it to the Code Enforcement Officer or Building Inspector,
who shall then issue, or cause to be issued, a building permit to
the applicant if the project conforms to all other applicable requirements.
D.
Upon
disapproving an application, the Zoning Board shall so inform the
Code Enforcement Officer or Building Inspector, and he or she shall
deny, or cause to be denied, a building permit to the applicant. The
Zoning 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.
Reasonable
costs incurred by the Village Zoning Board of Appeals for consultation
fees or other extraordinary expenses in connection with the review
of a proposed site plan that are over and above the basic application
fee shall be charged to the applicant at whatever amount was paid
by the Village to the consultant or for the other extraordinary expense.
B.
As an
alternative to the installation of required infrastructure and improvements,
prior to approval by the Zoning Board of Appeals, a performance bond
or other security sufficient to cover the full cost of the same, as
estimated by the Zoning Board of Appeals, shall be furnished to the
Village by the owner.
(1)
Any performance bond or letter of credit shall be approved by the
Village Board as to form, sufficiency and manner of execution. The
bond or letter of credit shall assure the complete installation of
the required improvements within such period, not longer than three
years, as shall be fixed by the Zoning Board of Appeals. The Zoning
Board of Appeals, with the consent of all parties to the bond, may
extend such period upon written application of the owner filed with
the Village Clerk prior to the expiration of such period or upon its
own motion at any time prior to a declaration of a default in the
bond by the Village Board.
(2)
The Zoning Board of Appeals, with the approval of the Village Board,
and upon findings either that the extent of building development that
has taken place is not sufficient to warrant all the improvements
covered by such bond or that the required improvements have been installed
in sufficient amount to warrant reduction in the face amount of such
bond, may modify its requirements.
(3)
Except as provided in the preceding Subsection B(2), the bond or letter of credit shall be released only upon complete installation of the required improvements.
(4)
If the required improvements are not completely installed within
the period fixed or extended by the Zoning Board of Appeals, the Village
Board may declare the performance bond or letter of credit in default
and collect the amount payable thereunder. Upon receipt of such amount,
the Village shall install such improvements as were covered by the
bond and are commensurate with the extent of building development
that has taken place, not exceeding in cost the amount collected upon
the bond.
