[HISTORY: Adopted by the Board of Trustees
of the Village of Waterford 1-24-2007 by L.L. No. 3-2007. Amendments noted where
applicable.]
This chapter shall be known as the "Village
of Waterford Site Plan Review Law." The Village of Waterford is hereinafter
referred to as the "Village."
A.
Through site plan review, it is the intent of this
chapter to promote the health, safety and general welfare of the Village.
A clean, wholesome attractive environment is declared to be of importance
to the health and safety of the inhabitants of the Village, and, in
addition, such an environment is deemed essential to the maintenance
and continued development of the economy of the Village and the general
welfare of its inhabitants.
B.
It is also the intent of this chapter to ensure the
optimum overall conservation, protection, preservation, development
and use of the natural and man-related resources of the Village by
regulating land use activity within the Village through review and
approval of site plans.
A.
Applicability of review requirements. All new land
use activities within the Village shall require site plan review and
approval before being undertaken, except the following:
(1)
Ordinary landscaping or grading that is not conducted
in connection with land use reviewable under the provisions of this
chapter.
(2)
Construction of one- or two-family dwellings and ordinary
accessory structures and related land use activities.
(3)
Ordinary repair or maintenance or interior alterations
to existing structures or uses.
(4)
Exterior alterations or additions to existing structures
that would not increase the square footage of the existing structure
by more than 25%.
B.
Effect on existing uses. This chapter does not apply
to uses and structures that are lawfully in existence as of the date
this chapter becomes effective. Any use which would otherwise be subject
to this chapter that has been discontinued for a period of one year
or more or abandoned shall be subject to review pursuant to the terms
of this chapter before such use is resumed. Any use or structure shall
be considered to be in existence, provided that the same has been
substantially completed as of the effective date of this chapter and
fully constructed and completed within one year from the effective
date of this chapter.
C.
Relationship of this chapter to other laws and regulations.
To the extent that this chapter conflicts with any site plan rules
previously adopted by the Planning Board, this chapter shall control.
The Village of Waterford Planning Board shall
review, approve, approve with modifications or disapprove site plans
for land uses within the Village, pursuant to and in accordance with
the standards and procedures set forth in this chapter.
A sketch plan conference may be held between
the Planning Board and the applicant prior to the preparation and
submission of a formal site plan. The purpose of the conference is
for the applicant to inform the Planning Board of the proposal prior
to the preparation of a detailed site plan; it is also for the Planning
Board to review the basic site design concept, advise the applicant
of potential problems and to generally determine what information
will be required on the site plan. To accomplish these objectives,
the applicant should provide the following documents, except as otherwise
directed by the Planning Board:
A.
A sketch, drawn to scale, showing the locations and
dimensions of principal and accessory structures, parking areas, access
signs (with descriptions), existing and proposed vegetation, and other
planned features; anticipated changes in the existing topography and
natural features; and, where applicable, measures and features to
comply with flood hazard and flood insurance regulations;
B.
A sketch or map of the area that clearly shows the
location of the site with respect to nearby streets, rights-of-way,
properties, easements and other pertinent features; and
C.
A topographic or contour map of adequate scale and
detail to show site topography.
A.
An application for site plan approval shall be made in writing to the Planning Board on a form prescribed by it. It shall be accompanied by information contained in the "site plan checklist" set out in Subsection B of this section insofar as applicable to the proposed project. 1f a sketch plan conference was held, the information that shall be provided will be that required by the checklist prepared at the conference.
B.
Site plan checklist:
(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;
(5)
Grading and drainage plan, showing existing and proposed
contours;
(6)
Location, design, type of construction, proposed use
and exterior dimensions of all buildings;
(7)
Location, design and type of construction of all parking
and truck loading areas, showing access and egress;
(8)
Provision for pedestrian access including sidewalks
and street furniture;
(9)
Location of outdoor storage, 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 securing public water
and location, design and construction materials of such facilities;
(12)
Location of fire and other emergency zones, including
the location of fire hydrants;
(13)
Location, design and construction materials of all
energy-distribution facilities, including electrical, gas and solar
energy;
(14)
Location, size and design and type of construction
of all proposed signs;
(15)
Location and proposed development of all buffer areas,
including existing vegetative cover;
(16)
Location and design of outdoor lighting facilities;
(17)
Identification of the location and amount of building
area proposed for retail sales or similar commercial activity;
(18)
General landscaping plan and planting schedule;
(19)
An estimated project construction schedule;
(20)
Record of application for and approval status of all
necessary permits from state and county officials;
(21)
Identification of any state or county permits required
for the project's execution;
(22)
Other elements integral to the proposed development
as considered necessary by the Planning Board.
A.
An application for site plan review shall be accompanied by the fee set forth in Subsection C hereof.
[Amended 9-14-2011 by L.L. No. 5-2011]
B.
Reasonable costs incurred by the Planning Board for
consultation fees or other extraordinary expenses in connection with
the review of a proposed site plan may be charged to the applicant.
The Planning Board may require that the applicant pay part or all
of the anticipated fees in advance into a Village escrow account.
The Planning Board's review of the site plan
shall include, as appropriate, but is not limited to, the following
general considerations:
A.
Location, arrangement, size, design and general site
compatibility of buildings, lighting and signs;
B.
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, pavement surfaces,
dividers and traffic controls;
C.
Location, arrangement, appearance and sufficiency
of off-street parking and loading;
D.
Adequacy and arrangement of pedestrian traffic access
and circulation, sidewalks or walkways and overall pedestrian convenience;
E.
Adequacy of stormwater and drainage facilities;
F.
Adequacy of water supply and sewage disposal facilities;
G.
Adequacy, type and arrangement of trees, shrubs and
other landscaping between the applicant's and adjoining lands, including
the maximum retention of existing vegetation;
H.
Adequacy of fire lanes and other emergency zones and
the provisions of fire hydrants;
I.
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding or erosion; and
J.
Overall impact on the neighborhood, including compatibility
of building architecture and design considerations and potential effects
on existing neighborhood quality of life.
Before determining whether an application for
a site plan is complete, the Planning Board shall decide whether [under
the State Environmental Quality Review Act ("SEQRA"); Environmental
Conservation Law Art. 8 and Part 617 of Title 6 of the Official Compilation
of Codes, Rules and Regulations of the State of New York or 6 NYCRR
617] the application requires the preparation of an environmental
impact statement ("EIS"). No application for site plan review shall
be deemed complete until either the project has been determined to
be a Type II action; a "negative declaration" (the Board's determination
that the project does not have any potentially significant adverse
environmental impacts and therefore does not require the preparation
of a draft environmental impact statement) has been issued; or a draft
EIS has been accepted by the Planning Board or the lead agency as
satisfactory with respect to scope, content and adequacy. In making
a determination of "significance," the Planning Board shall follow
the procedures described in 6 NYCRR 617.6 and 617.7. With respect
to the preparation of the environmental assessment form ("EAF"), the
applicant shall submit the EAF with Part I completed; the Planning
Board shall complete Part II, and Part III, if required, prior to
making a determination of significance. Where the Planning Board has
prepared or caused to be prepared a draft EIS and the draft EIS has
been accepted as satisfactory with respect to scope, content and adequacy,
the time frames for review of the application and decision-making
shall be governed by 6 NYCRR 617.9 and 617.11 (or any successor regulations)
in place of the time frames specified in this chapter.
The Planning Board shall conduct a public hearing
on the site plan. Such hearing shall be held within 62 days of the
date that the Planning Board determines that the application for site
plan review is complete and shall be advertised in the Village's official
newspaper or, if there is none, in a newspaper of general circulation
in the Village at least five days before the public hearing. Where
the Planning Board has prepared or caused to be prepared a draft EIS,
the public hearing shall commence no less than 15 calendar days and
no more than 60 calendar days after the filing of the notice of completion
of the draft EIS by the Planning Board or the lead agency pursuant
to 6 NYCRR 617.12(a). Where the Planning Board has prepared or caused
to be prepared a draft EIS, the notice of public hearing shall be
published at least 14 calendar days in advance of the public hearing.
A.
If review by the County Planning Agency [or Board]
is required under General Municipal Law § 239-m, the Planning
Board shall mail notice of the hearing to the County Planning Agency
[or Board] at least ten calendar days before the hearing.
B.
Pursuant to General Municipal Law § 239-nn,
if a site plan application concerns property within 500 feet of the
Village's municipal boundaries, a copy of the public hearing notice
shall be provided to the Clerk of the adjoining municipality.
The Planning Board shall make a decision on
the application for a site plan review within 62 calendar days after
the public hearing or adjourned hearing date. For an application that
is the subject of a final EIS, the Planning Board shall make a decision
on the application within 30 calendar days after the filing of the
final EIS. In making a decision on the application, the Planning Board
may approve the application, approve the application with conditions
or modifications, or both, or deny the application. The decision may
consist of the draft minutes, or the Planning Board may prepare a
separate decision document, which shall be filed within five business
days of its decision on the application. The Planning Board shall
mail or cause to be mailed to the applicant and any other party to
the hearing a copy of its draft minutes constituting the decision
or the separate written decision. The time within which the Planning
Board must render its decision may be extended by agreement of the
Board and the applicant.
A.
Criteria for approval. In approving an application
or approving an application with modifications or conditions, or both,
the Planning Board shall find that the application meets the following
criteria:
(1)
That the application conforms with any site development
or design standards adopted by the Village;
(2)
That the application is consistent with the land use
goals and objectives of the Comprehensive Plan of the Village of Waterford;
(3)
That the application is consistent with other long-range
planning documents adopted by the Village of Waterford.
B.
Approval. Upon approval of the site plan and payment
by the applicant of all fees and reimbursable costs due the Village,
the Planning Board shall endorse its approval on a copy of the site
plan and shall immediately file it and a written statement of approval
with the Village Clerk. A copy of the written statement of approval
shall be mailed to the applicant by certified mail, return receipt
requested.
C.
Approval with modifications. The Planning Board may
conditionally approve the final site plan. A copy of the written statement
containing the modifications required by the conditional approval
will be mailed to the applicant by certified mail, return receipt
requested. After adequate demonstration to the Planning Board that
all conditions have been met and payment by the applicant of all fees
and reimbursable costs due the Village, the Planning Board shall endorse
its approval on a copy of the site plan and shall immediately file
it and a written statement of approval with the Village Clerk. A copy
of the written statement of approval shall be mailed to the applicant
by certified mail, return receipt requested.
D.
Disapproval. Upon disapproval of the site plan, the
decision of the Planning Board shall immediately he filed with the
Village Clerk and a copy thereof mailed to the applicant by certified
mail, return receipt requested, along with the Planning Board's reasons
for disapproval.
At least 10 days before the hearing on an application
for site plan review, the Planning Board shall mail a notice thereof
to the Saratoga County Planning Board if required by § 239-m
of the General Municipal Law, which notice shall be accompanied by
a full statement of such proposed action, as defined in § 239-m(1)
of the General Municipal Law.
No certificate of occupancy shall be issued
until all improvements shown on the site plan are installed or a sufficient
performance guarantee has been posted for improvements not yet completed.
The sufficiency of such performance guarantee shall be determined
by the Village Board but may include a letter of credit or performance
bond. The Zoning Inspector, or, if not the Zoning Inspector, then
such other duly authorized person or persons as designated by the
Village Board, shall be responsible for the overall inspection of
site improvements, including coordination with the Planning Board
and other officials and agencies, as appropriate.
All proposed amendments to the site plan review
law not originating with the Planning Board originating by petition
or by motion of the Village Board shall be referred to the Planning
Board for a report and recommendation thereon. The Planning Board
shall submit its report within 30 days after receiving such referral.
Failure of the Planning Board to report within the required time shall
be deemed to constitute a recommendation for approval of the proposed
amendment.
Whenever the circumstances of proposed development
require compliance with this chapter and with any other local law,
ordinance or requirement of the Village, the Planning Board shall
attempt to integrate, as appropriate, site plan review as required
by this chapter with the procedural and submission requirements for
such other compliance.
