§ 150-28Planning Board established.
§ 150-29Conditional uses.
§ 150-30Approval of site development
§ 150-30.1Notification procedures for public hearing.
§ 150-31Environmental authority determination.
A Planning Board, as formerly established , is hereby continued pursuant to § 7-718 of the Village Law, which Board shall have the powers as set forth in § 7-725 of the Village Law
Upon application and after public notice and hearing, the Planning Board may authorize the issuance by the Building Inspector of a permit for any of the conditional uses for which this chapter requires such permit in the district in which such use is proposed to be located. In approving any such use, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
That all proposed structures, equipment and material are readily accessible for fire and police protection.
That the proposed use is of such location, size and character as will, in general, be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
That, in addition to the above, in the case of any use proposed to be located in or directly adjacent to a residential district:
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets are such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the said residential district or conflict with the normal traffic of the neighborhood.
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
The number of buildings, structures or dwelling units, as the case may be, to ensure against overcrowding of land or the undue concentration of population.
Each application for a conditional use shall be accompanied by a proposed plan showing the size and location of the lot and the location of all buildings and proposed facilities, including access drives, parking areas and all streets within 200 feet of the lot.
Any use for which a conditional use permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.
The Planning Board may require that conditional use permits be periodically renewed. Such renewal shall be granted following due public notice and hearing and may be withheld only upon a determination by the Planning Board to the effect that such conditions as may have been prescribed by the Planning Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.
The proposed development shall be designed in a manner minimizing ecological deterioration and giving due regard to and protection of the natural resources of soil, air and water.
In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the plans approved by the Planning Board.
Objectives. In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
Traffic access. That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and meet other similar safety considerations.
Circulation and parking. 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 and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
Landscaping and screening. That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over 12 inches in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible.
That the proposed development is designed in a manner minimizing ecological deterioration and giving due regard to and protection of the natural resources of soil, air and water.
Effect of site development plan approval.
No building permit shall be issued for any structure covered by this section until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector.
No certificate of occupancy shall be issued for any structure or use of land covered by this section unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan.
Presubmission conference. Prior to the submission of a site development plan, the applicant shall meet in person with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements listed in Subsection D below shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter.
Within six months following the presubmission conference, the site development plan and any related information shall be submitted to the Building Inspector in triplicate at least 15 days prior to the Planning Board meeting at which approval is requested. If not submitted within this six-month period, another presubmission conference shall be required.
The Building Inspector shall certify on each site development plan or amendment whether or not the plan meets the requirements of all provisions of this chapter other than those of this section regarding site development approval.
The Building Inspector shall retain one copy and transmit two copies of the certified site development plan to the Secretary of the Planning Board at least seven days prior to the Planning Board meeting at which approval is requested.
The Planning Board shall act to approve or disapprove any such site development plan within 60 days after the meeting at which approval is requested. Failure to act within 60 days shall be deemed approval. However, the time period can be extended by mutual agreement between the applicant and the Planning Board. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this chapter. In reviewing the application, the Planning Board may secure the advice or assistance of one or more expert consultants as qualified to advise as to whether a proposed use will conform to the requirements of this chapter. The assistance of a consultant, if sought, must be obtained within 10 days of the receipt of the application. Such consultant shall report within 30 days after receipt of such request whether or not the use applied for will be operated in conformance with the performance standards and, if not, what modifications in design or operation would be necessary for conformance. A copy of the report of such consultants shall be furnished to the Planning Board, Building Inspector and applicant.
Amendments to a site development plan shall be acted upon in the same manner as the approval of the original plan.
The Planning Board may require that site development plan approval be periodically reviewed.
Site development plan elements. The applicant shall cause a site development plan map to be prepared by a civil engineer, surveyor, land planner, architect or other competent person. Site development plan elements shall include those listed below which are appropriate to the proposed development or use as indicated by the Planning Board in the presubmission conference:
Lot, block and section numbers of the property, taken from the latest tax records.
The name and address of the owner of record.
The name and address of the person, firm or organization preparing the map.
The date, North point and written and graphic scale.
A sufficient description of information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
The locations, names and existing widths of adjacent streets and curblines.
The locations and owners of all adjoining lands as shown on the latest tax records.
The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
A complete outline of existing deed restrictions or covenants applying to the property.
Existing contours at intervals of five feet or less, referred to a datum satisfactory to the Board.
Approximate boundaries of any areas subject to flooding or stormwater overflows.
The location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of 12 inches or more measured three feet above the base of the trunk and other significant existing features.
Existing structures and utilities.
The location of uses and outlines of structures, drawn to scale, on the lot and within 100 feet of the lot line.
Paved areas, sidewalks and vehicular access between the site and public streets.
The locations, dimensions, grades and flow direction of existing sewers, culverts and water lines as well as other underground and aboveground utilities within and adjacent to the property.
Other existing development, including fences, landscaping and screening.
The location of historic buildings or structures on or adjacent to the site.
The location of proposed buildings or structural improvements.
The location and design of all uses not requiring structures, such as off-street parking and loading areas.
The location and plans for any outdoor signs.
The location, direction, power and time of use for any proposed outdoor lighting or public-address systems.
The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of water and sewer lines.
Any proposed grading, screening and other landscaping, including types and locations of proposed street trees.
The location of all proposed water lines, valves and hydrants and of all sewer lines or alternated means of water supply and sewage disposal, including pump-out facilities, and treatment.
An outline of any proposed deed restrictions or covenants.
Any contemplated public improvements on or adjoining the property.
If the site development plan indicates only a first state, a supplementary plan shall indicate ultimate development.
A drainage plan which demonstrates the containment of surface water runoff on the site during and after construction to ensure that surface water runoff does not discharge into surface water bodies or wetlands or cause flooding.
The location of pedestrian walkways that provide public access to the waterfront in instances where a developer of a waterfront parcel has offered, and the Planning Board has accepted, such access for public use.
Any other information deemed by the Planning Board necessary to determine conformity of the site development plan with the intent and regulations of this chapter.
Exceptions to site plan approval. Notwithstanding any provisions of this chapter to the contrary, site plan approval need not be obtained for additions to a building or structure, provided that the following conditions are met and a building permit has been obtained:
The addition or additions shall not total more than 20% of the floor area of the existing structure or 1,000 square feet of floor area, whichever is less. With respect to further additions, site plan approval shall be required as provided in this chapter; this limitation shall apply regardless of whether the applicant or his predecessor in title made application for the building permit for the first addition.
A certificate of occupancy was issued for the existing building or structure prior to the date of adoption of this chapter.
In all instances in which the Village Planning Board conducts a public hearing on an application, the Village Planning Board shall follow the same notification procedures as the Zoning Board of Appeals pursuant to § 150-27 as to the mailing, publication, and posting of a placard notice. The mailing of notices to adjacent property owners and other property owners shall be as directed by the Village Planning Board.
A state environmental quality review determination is required on all actions.