A.
The purpose of this article is to allow the proper
integration of uses into the community based on their characteristics,
or the special characteristics of the area in which they are to be
located; to allow the Village to accommodate growth without creating
an adverse effect on the Village and its citizens and taxpayers; to
protect the health, safety and welfare of the citizens; and to promote
consistency with the goals and objectives of the Village of Lake George
Comprehensive Plan.
B.
Applicability. This provision applies to all permit
applications.
C.
Modifications which materially change the use or appearance of land or a structure or the intensity of the use of the land on a previously approved site plan application/permit must be resubmitted as a new site plan application. As part of the application, the applicant must provide what was previously approved and as a separate plan the changes that are being requested. All other provisions of Article VII, Site Plan Review, apply.
[Added 6-15-2009 by L.L. No. 6-2009]
D.
Any application
that is being reviewed by the Planning Board, which has not yet been
approved or disapproved by the Planning Board, which becomes inactive
for a period of six months will become null and void. A new application
process must commence and will be subject to all current laws and
regulations.
[Added 6-20-2011 by L.L. No. 3-2011]
A.
Application shall be made to the Planning Board using
forms supplied by the Village Clerk and delivered to the Zoning Administrator.
B.
Prior to formal submission of a detailed site plan,
applicants shall schedule a sketch plan conference.
C.
All applicants shall refer to the Village of Lake
George Design Guidelines prior to scheduling a sketch plan conference.
D.
The purpose of the sketch plan conference is to allow
the Planning Board to review the basic site design concept, provide
the applicant with constructive suggestions and, generally, to determine
the information to be required for the site plan. In order to accomplish
these objectives, the applicant must provide the following:
(1)
A brief narrative and preliminary concept showing
the locations and dimensions of principal and accessory structures,
parking areas, and other planned features and any anticipated changes
in the existing topography and natural features.
(2)
A sketch or map of the area which clearly shows the
location of the site with respect to nearby streets, rights-of-way,
properties, easements and other pertinent features within 200 feet.
(3)
A topographic or contour map of adequate scale and
detail to show site topography.
E.
If the Planning Board determines that the information
submitted for the sketch plan is sufficient, it may, at its discretion,
conduct site plan review at the sketch plan meeting without requiring
additional information or scheduling a separate site plan meeting.
F.
If additional information is requested by the Planning
Board after the sketch plan conference, a complete application shall
be submitted to the Zoning Administrator. The Zoning Administrator
shall notify the Planning Board and the Adirondack Park Agency of
a Class A regional project within 10 days and shall provide a copy
to each interested body.
A.
The Planning Board may request that the applicant
provide the information requested at the sketch plan conference and
may further request all of the items from the following list. The
Planning Board is not limited to this list and may request any additional
information it deems necessary or appropriate. In determining the
amount of information it will require, the Planning Board will consider
the type of use, its location, and the size and potential impact of
the project.
B.
Site plan checklist:
(1)
Title of drawing, including name and address of applicant
and person responsible for preparation of such drawing.
(2)
Boundaries of the property, plotted to scale, and
including North arrow, scale and date.
(3)
Identification of view to the lake from public streets.
(4)
Existing watercourses and wetlands.
(5)
Grading and drainage plan showing existing and proposed
contours.
(6)
Location, design and 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.
(9)
Location, type and screening details of waste disposal
containers and outdoor storage areas.
(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 sewage disposal
and location.
(12)
Description of the method of securing public
water and location, design and construction materials of such facilities.
(13)
Location of fire and other emergency zones,
including the location of fire hydrants.
(14)
Location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy.
(15)
Location, height, size, materials and design
of all proposed signage.
(16)
Location and proposed development of all buffer
areas, including existing vegetation cover.
(17)
Location and design of outdoor lighting facilities.
(18)
Location, height, intensity and bulb type of
all external lighting fixtures.
(19)
Direction of illumination and methods to eliminate
glare onto adjoining properties.
(20)
Identification of the location and amount of
building area proposed for retail sales or similar commercial activity.
(21)
Proposed limit of clearing showing existing
vegetation, including individual trees with a DBH of six inches or
greater within the clearing line.
(22)
Landscaping plan and planting schedule.
(23)
Estimated project construction schedule.
(24)
Record of application for and approval status
of all necessary permits from state and county agencies.
(25)
Identification of any state or county permits
required for the project's execution.
(26)
Other elements integral to the proposed development
as considered necessary by the Planning Board.
(27)
Stormwater management plan.
C.
Environmental review. Applications for site plan review
and approval shall be accompanied by a short-form or a long-form EAF
or a draft EIS, as required by SEQRA.
A.
Site inspections. The Planning Board, and any such
persons as it may designate, may conduct such examinations, tests
and other inspections of the site(s) which is the subject of such
application, as the Planning Board deems necessary and appropriate.
B.
Public hearing.
(1)
The Planning Board may hold a public hearing. Any
such public hearing shall be held within 30 days following the receipt
by the Zoning Administrator of a complete application.
(2)
In determining whether a public hearing is necessary,
the Planning Board shall be guided by the expected level of public
interest in the project.
(3)
Applicants may request a public hearing. When an applicant
requests a public hearing, no site plan review project may be disapproved
without such a hearing.
(4)
Notice.
(a)
The Planning Board shall notice the public hearing
by publication in the official newspaper at least five days prior
to the date of the public hearing.
(b)
In the case of a Class A regional project, a
copy of the public notice shall be mailed to the Adirondack Park Agency.
The Agency shall be a full party in interest with standing to participate
in any and all proceedings conducted pursuant to this section.
(5)
Professional assistance. The Village finds that the
volunteer members may need professional assistance to make informed
decisions. The Planning Board may engage the services of professional
consultants during site plan review, at the expense of the applicant.
The cost is separate and apart from any other fees or costs associated
with SEQRA review.
[Amended 4-17-2006 by L.L. No. 6-2006]
D.
Planning Board decision.
(1)
The Planning Board shall render a decision within
62 days after a required public hearing or within 62 days after the
receipt of a complete application where no public hearing was required.
(2)
The Planning Board shall approve, approve with modifications,
or disapprove.
(3)
The Planning Board's review of the site plan shall
include, but is not limited to, the following 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, walkway structures, control of intersections
with vehicular traffic, 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 constituting a visual and/or noise buffer 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 provision of fire hydrants.
(i)
Special attention to the adequacy and impact
of structures, roadways and landscaping in areas with susceptibility
to ponding, flooding and/or erosion.
(4)
The Planning Board may alter the dimensional requirements
so that they are more restrictive than the minimums and maximums provided
in the Dimensional Table.[1]
[1]
Editor's Note: The Dimensional Table is included at the end of this chapter.
(5)
No approval or approval with conditions shall be granted
until the Planning Board determines that the applicant is in compliance
with all other provisions of this chapter.
E.
Filing of decision.
(1)
The Planning Board shall notify the applicant in writing
of its decision.
(2)
The decision of the Planning Board shall immediately
be filed in the office of the Village Clerk and a copy thereof mailed
to the applicant.
(3)
In the case of a Class A regional project, a copy
of the decision shall also be mailed to the Adirondack Park Agency.
(4)
The Planning Board, in conjunction with its approval
of any site plan review project, may impose such requirements and
conditions as are allowable within the proper exercise of the police
power, including the restriction of land against further development
of principal buildings, whether by deed restriction, restrictive covenant,
or other similar appropriate means, to ensure that guidelines as to
intensity of development as provided in this chapter shall be respected.
The Planning Board may impose reasonable conditions to ensure that
the project will be adequately supported by services and improvements
made necessary by the project and to ensure that the project will
be completed in accordance with the requirements and conditions authorized
under this chapter. In addition, the Planning Board may require that
the Zoning Administrator incorporate any such requirements and conditions
in any permit issued with regard to such site plan review project.
(5)
Upon approval of the site plan and payment by the
applicant of all fees and reimbursable expenses due to the Village,
the Planning Board shall endorse its approval on a copy of the final
site plan and shall forward a copy to the applicant and the Zoning
Officer, and file same with the Village Clerk. Upon disapproval of
a site plan, the Planning Board shall so inform the Zoning Officer,
and the Zoning Officer shall deny a zoning permit to the applicant.
F.
Major project site plan review - Class A regional projects. All plans meeting the thresholds of a Class A regional use or project shall be referred to the Adirondack Park Agency for Class A regional project review simultaneous to the site plan review process. (See Article X, Adirondack Park Agency Review.)
[Added 4-17-2017 by L.L.
No. 7-2017]
All sites reviewed by the Planning Board shall incorporate compliance with Article IX, Stormwater Regulations, of this chapter.
