[Added 10-13-1993 by L.L. No. 4-1993; amended 3-10-1999 by L.L. No. 3-1999]
In accordance with § 7-725-a of New York Village Law, the Planning Board is authorized to review and approve, approve with modifications, or disapprove all site plans for uses required by § 250-59.3 of this article.
It is the purpose of this site plan authorization
procedure to provide a means for the village review of the criteria
listed in this section. Further, the Planning Board's review of each
site plan application shall be guided by the following:
A.
The full conformance of the site plan with the standards and requirements of this chapter, Chapter 219, Subdivision of Land, and other applicable local laws and ordinances.
B.
The adequacy and arrangement of vehicular and pedestrian
traffic access and circulation, including intersections, road widths,
pavement surfaces, dividers and control devices.
C.
The impact of traffic generated on adjacent properties
and roads.
D.
The location, arrangement, appearance (including visual
breaks) and sufficiency of off-street parking and loading zones.
E.
The location, arrangement, site design and compatibility
of buildings, structures, lighting and signs.
F.
The adequacy, type, maturity and arrangement of landscaping,
screening, buffer zones, open space and maintenance thereof.
G.
In the case of multiple-family dwellings, the adequacy
of common property or open space for play areas and informal recreation.
H.
The adequacy and means for complete disposal of stormwater,
sanitary waste, water supply for fire protection and consumption,
fire and emergency vehicle access, solid waste disposal and snow removal.
I.
The adequacy of structures, roadways and landscaping
in areas with susceptibility to ponding, flooding and/or erosion.
J.
The protection of adjoining or nearby properties against
noise, vibration, dust, odor, glare, unsightliness or other objectionable
features.
K.
The retention of existing trees to as great a degree
as is practicable.
L.
The character and appearance of proposed buildings,
uses and signs. Such consideration may include, among other things,
the color, type, style and texture of building materials and the relation
of buildings on the site to each other and to buildings on adjacent
or neighboring lots.
M.
The location, arrangement, site design and compatibility
of trash storage facilities.
Site plan approval shall be required prior to the issuance of a building permit or certificate of occupancy, construction or commencement of any proposal, structure, use or action in accordance with Table I, § 250-59.3.[1]
[1]
Editor's Note: Table I, Site Plan Approval Uses, is included at the end of this chapter.
Applications for site plan approval shall be filed with the Building Inspector and must include the material and information as required by § 250-59.5. Upon receipt of such complete application, the Building Inspector shall transmit 10 copies of such application and material, which must be provided by the applicant, to the Planning Board. Applications must be submitted at least 10 days prior to the regular meeting of the Planning Board. Every complete application for site plan approval shall be accompanied by a fee in the amount established by the Village Board of Trustees.
A.
Preliminary plans. Application for preliminary site
plan approval shall be accompanied by the following information unless
expressly waived by the Planning Board:
(1)
The applicant's name and address and his interest
in the subject property; if a corporation, the names and addresses
of corporation principals.
(2)
The owner's name and address, if different from
the applicant, and the owner's signed consent to the filing of the
application.
(3)
The street address or legal description of the
property.
(4)
The zoning classification and present use of
the subject property.
(5)
The proposed use or uses and a general description
of the proposed development.
(6)
A site plan drawn to scale of not less than
50 feet to the inch on one or more sheets, illustrating the proposed
development and use and including the following:
(a)
The boundary lines and dimensions of the subject
property; existing subdivision lots; available utilities; and easements,
roadways, railroads, rail lines and public rights-of-way crossing
and adjacent to the subject property.
(b)
Any proposed regrading of the subject property
and any significant natural, topographical or physical features of
the property, including, at least, watercourses, marshes, trees in
excess of six inches in diameter and existing contours in excess of
four feet in 100 feet.
(c)
The location, size, use and arrangement of existing
and proposed structures (including height in stories and feet, floor
area ratio, total floor area, total square feet of ground area coverage
and number and size of dwelling units by number of bedrooms) which
will remain, if any.
(d)
Yard dimensions and, where relevant, the relation
of yard dimensions to the height of any building or structure.
(e)
The location, dimensions and number of all vehicular
and pedestrian circulation elements, including streets and roadways,
driveways, entrances, curbs, curb cuts, parking spaces, loading spaces
and access aisles, sidewalks, walkways and pathways.
(f)
All existing and proposed surface and subsurface
drainage facilities.
(g)
The location, size and arrangement of all outdoor
signs and lighting.
(h)
Proposed landscaping, including the type, location
and quantity of all plant materials, location and height of fences
or screen plantings and the type or kind of building materials or
plantings to be used for fencing or screening.
(i)
The location, designation and total area of
all usable open space or common property and the extent to which it
is to be improved.
(j)
In the case of any use requiring a special use
permit pursuant to this chapter, any information necessary to demonstrate
compliance with all conditions imposed on the proposed special use
permit by this chapter.
(k)
Compliance with state environmental quality
review required.
(7)
A map, at an appropriate scale, showing the
larger vicinity in which the site is located, the parcel under consideration
for site plan review and all properties, subdivisions, streets, rights-of-way
and other pertinent features in the vicinity of the site.
(8)
An economic analysis of the project indicating,
as applicable, such information as cost of construction and development,
proposed rental or sales prices, market area, cost and manner of providing
public utilities, etc.
B.
Additional information. The Planning Board may require
other and further information or documentation as the Board may deem
to be necessary and appropriate to a full consideration and disposition
of a particular application.
C.
Other sources. The Planning Board may consult with
appropriate town, county, state and federal personnel and/or the Board's
private consultants, as may be necessary and appropriate for a proper
consideration of a particular application.
A.
Following the declaration of a completed application,
the Planning Board shall have 62 days to approve, approve with modifications,
or disapprove the application or hold a public hearing if deemed necessary
and appropriate by the Planning Board. In the event that a public
hearing is held, the Planning Board shall have 62 days from the public
hearing to approve, approve with modifications, or disapprove the
application. The Planning Board shall mail notice of said hearing
to the applicant at least 10 days before such hearing and shall give
public notice of said hearing in a newspaper of general circulation
in the village at least five days prior to the date thereof. The time
within which the Planning Board may render its decision may be extended
by mutual consent of the applicant and the Planning Board. At any
time during the review procedure the Planning Board may suspend the
review pending the submission of additional material. The decision
of the Planning Board shall be filed in the office of the Village
Clerk within five business days after such decision is rendered and
a copy thereof mailed to the applicant. A copy of the site plan, if
approved, shall be signed by the Planning Board Chairman and filed
with the Village Clerk's office within five days after such decision
is rendered.
B.
Criteria for disapproval. The Planning Board may disapprove
site plans submitted pursuant to this article on the basis of specific
written findings directed to one or more of the following:
(1)
The application is incomplete in specified particulars
or contains or reveals violations of this chapter or other applicable
local laws, ordinances, regulations or requirements of the village
which the applicant has failed to address or correct.
(2)
The applicant has failed to supply other and
further information deemed necessary and appropriate.
(3)
In the case of a site plan submitted in conjunction with a Planned Area Development District, the proposed site plan fails to meet one or more of the provisions listed in Article XII of this chapter.
(4)
The proposed site plan interferes in specified
particulars with easements, roadways, rail lines, utilities and public
or private rights-of-way.
(5)
The proposed site plan in specified particulars
destroys, damages or interferes with the enjoyment of significant
natural, topographic or physical features of the site or surrounding
property.
(6)
The proposed site plan in specified particulars
creates hazards to safety on or off the site, disjointed pedestrian
or vehicular circulation paths on or off the site, undue dependence
on automobile travel or undue interferences and inconveniences to
pedestrian travel.
(7)
The screening of the site does not provide adequate
shielding from or for nearby uses which may be incompatible with the
proposed use.
(8)
The proposed structures or landscaping in specified
particulars are lacking amenity in relation to or are incompatible
with nearby structures and uses.
(9)
The proposed site plan makes inadequate provision
for the creation or preservation of open space or for its continued
maintenance.
(10)
The proposed site plan in specified particulars
creates drainage or erosion problems.
(11)
The proposed site plan in specified particulars
creates an undue burden on existing transportation, water, sewer drainage
or utilities or on natural features.
(12)
The proposed site plan in specified particulars
exhibits excessive uniformity, dissimilarity and inappropriateness
or poor quality of design in the exterior appearance of buildings
or other structures erected or altered, thereby adversely affecting
the desirability of the immediate and neighboring areas and, by so
doing, impairs the benefits of occupancy of existing real property
in such areas, impairs the stability in value of both improved and
unimproved real property in such areas, prevents the most appropriate
development and use of such areas, produces degeneration of conditions
affecting the health, safety, comfort and general welfare of the inhabitants
thereof and contributes to the diminution of the taxable value of
real property in such areas and their ability to support municipal
services provided therefor.
Site plan approval shall be valid for a period
of one year from the date of approval unless a building permit is
issued and construction has actually begun within that period and
is thereafter diligently pursued to completion or when a building
permit is not required, construction or commencement of the proposal
has actually begun within that period and is thereafter diligently
pursued to completion.
A.
Prior to the issue of building permits or zoning certification,
the applicant may be required to post performance bond(s) or letter
of credit pursuant to and in accordance with the same procedures as
provided for in § 7-730 of the New York State Village Law,
in sufficient amounts and duration to assure that all street or other
public places shown on the site plan shall be suitably graded and
paved and that street signs, sidewalks, streetlighting standards,
curbs, gutters, street trees, water mains, fire alarm signal devices,
including necessary ducts and cables or other connecting facilities,
sanitary sewers and storm drains or other improvements shall all be
installed in accordance with standards, specifications and procedure
acceptable to the appropriate village departments.
B.
Costs or fees incurred for necessary consultant services
or other extraordinary expense in connection with the review of a
proposed site plan shall be paid by the applicant, provided that the
necessity of such services has been determined by the Planning Board.
Such costs shall be in addition to any application fee schedule and
shall be paid prior to final approval.
C.
In connection with its site plan review, the Planning
Board may require a performance bond in an amount it shall determine
to insure that, upon completion of the project, all the public improvements
shown on the site plan are completed and, furthermore, to ensure that,
in the event that the project is abandoned, the project is either
completed or the site is restored to its condition prior to the commencement
of the project. The project shall be deemed abandoned if no substantial
work is performed on the site for a period of one year and the site
plan approval has expired.
An approved site plan may be amended at any
time subject to the same criteria and limitations as provided in this
section for original site plan approval, including application fee.
Whenever the particular circumstances of a proposed development or redevelopment require compliance with this article and any other local law, ordinance or requirement of the village, including but not limited to either the zoning amendment review procedures, Article XII, Planned Area Development District, or the requirements of Chapter 219, Subdivision of Land, the Planning Board may integrate site plan review as required by this article with the procedural and submission requirements for such other compliance.
Should any section or provision of this article
be declared to be unconstitutional or invalid by the courts, such
decision shall not affect the validity of the balance of this article.
