A.
Purpose. The physical form of the Village of Hamburg contributes
to its aesthetic character, charm, quality of life, function, economic
vitality, and historic integrity. The intent of the site plan review
process is to preserve and enhance the physical form of the Village,
achieve compatibility with adjacent development, mitigate potentially
negative impacts on traffic, parking, drainage and similar environmental
concerns, improve the overall visual and aesthetic quality of the
Village, and increase the capability of the Zoning Code to adapt to
a variety of unique circumstances.
B.
Applicability. No building permit may be issued, or site improvement
work commence, until minor or major site plan approval has been granted.
Site plan review applications shall be submitted, processed, and reviewed
in accordance with Article 40 of this chapter.
C.
Exempt actions. The following actions are exempt from site plan review:
(1)
Ordinary repair or maintenance or interior alterations to existing
structures or uses.
(2)
Construction of decks, porches, or patios ancillary to a residential
use.
(3)
Ordinary repair, maintenance, or replacement of landscaping,
fencing, exterior lighting, decks, patios, porches, parking areas,
or driveways.
(4)
Installation, maintenance, or replacement of permitted signs.
D.
Demolition requirements.
(1)
Demolition of structures shall require the issuance of a demolition permit as required in Chapter 126 of the Village of Hamburg Code.
(2)
No demolition permit shall be issued until a redevelopment site
plan for such property has been approved, pursuant to this article.
The Village Board may authorize the issuance of a demolition permit
without an approved redevelopment plan by majority vote.
A.
Sketch plan meeting. Applicants are encouraged to request a sketch
plan meeting with the CEO prior to submitting a site plan application.
B.
Planning Commission. All site plan applications shall be referred
to the Planning Commission for review and recommendation.
C.
Architectural Review Committee. The CEO, at its discretion, may refer
any site plan application, major or minor, to the ARC for review and
recommendation. ARC review shall be required for development applications
within the LCR, VCC, NCC, GC, MU-R, and MU-I Districts.
D.
Village Board. The Village Board shall hear and decide all site plan
applications, upon receipt of recommendation by the Planning Commission
and ARC, where applicable.
E.
Public hearings.
(1)
Minor site plan. No public hearing shall be required for a minor
site plan. However, the Village Board may elect to hold a public hearing
as part of their review if deemed necessary.
(2)
Major site plan. A public hearing shall be held by the Village
Board prior to issuing a decision on any major site plan application.
F.
Action upon approval.
(1)
Upon approval by the Village Board, the Chairman of the Planning
Commission shall endorse the approval via signature on a copy of the
approved site plan.
(2)
For conditionally approved plans, the Village Board shall endorse
its approval only after adequate demonstration to the Village Board
that all conditions have been met.
A.
Special use permits.
(1)
Where a special use permit is required, the provisions of Article
43 shall also apply. Duplicate application materials may be combined
to satisfy submittal requirements.
(2)
Site plan review approval shall be contingent upon the issuance
of a special use permit by the Village Board. In the event that the
special use permit is denied, the site plan decision shall be null
and void.
B.
Certificates of appropriateness. Where a site plan application also
requires a certificate of appropriateness, site plan approval shall
be contingent upon the issuance of such certificate by the HPC. In
the event that the certificate of appropriateness is denied, the site
plan decision shall be null and void.
A.
Minor actions. Minor site plan review shall be required for:
(1)
Siting, constructing, or demolishing any structure in nonresidential
districts, including Limited Commercial Residential (LCR).
(2)
Constructing, altering, reconfiguring, or demolishing structures
and additions not exceeding 250 square feet in gross floor area and
one story in height in nonresidential districts, including LCR.
(3)
Siting, planting, erecting, or reconfiguring landscaping, fencing,
screening, or exterior lighting on lots in all districts, except for
properties containing single- or two-family dwellings in residential
districts.
(4)
Constructing, altering, reconfiguring, or demolishing decks,
patios, porches, or other outside seating areas accessory to a nonresidential
use.
(5)
Siting, paving, altering, reconfiguring, or removing off-street
parking areas of 25 spaces or less.
(6)
Siting, erecting, reconfiguring, or removing mechanical equipment,
such as generators or HVAC systems, in nonresidential districts, or
any commercial or industrial use in a residential district.
B.
Minor application materials. A minor site plan application shall
include the following materials, as applicable.
(1)
Application form, including the name, address, and signature
of the applicant, property owner, and developer.
(2)
Description or narrative of all proposed uses and structures.
(3)
A certified land survey, or other document deemed acceptable
by the CEO.
(4)
A site plan showing the following:
(a)
Property lines and dimensions of the lot(s) in question;
(b)
Complete footprints of all existing and proposed structures
with dimensions.
(c)
Setback dimensions from property boundaries to all existing
and proposed structure(s), driveways, and parking areas.
(d)
Exterior building elevations (existing and proposed) showing
all sides exposed to view and showing the location and size of all
windows, doors, trim, architectural details and indicating the type
of all exterior materials to be used for the proposed structure.
(e)
Location, height, intensity and bulb type of all external lighting
fixtures.
(f)
Placement and type of all landscaping, vegetation, or other
natural features.
(5)
Plans for disposal of construction and demolition waste, either
on-site or at an approved disposal facility.
(6)
Plans to prevent the pollution of surface or groundwater, erosion
of soil both during and after construction, excessive runoff, excessive
raising or lowering of the water table, and flooding of other properties,
as applicable.
(7)
All NYS SEQR documentation as required by law.
(8)
The required application fee.
A.
Major actions. Major site plan review shall be required for:
(2)
Siting, constructing, or demolishing single-family dwellings
in nonresidential districts.
(3)
Siting, constructing, or demolishing two-family or multifamily
dwellings.
(4)
Constructing, altering, reconfiguring, or demolishing structures
occupied by a specially permitted use.
(5)
Constructing, altering, reconfiguring, or demolishing structures
and additions exceeding 250 square feet in gross floor area or one
story in height.
(6)
Siting, paving, altering, reconfiguring, or removing off-street
parking areas of more than 25 spaces.
(7)
Minor site plan review actions resulting in the erection, alteration,
reconfiguration, of removal public or private utility infrastructure.
B.
Major application materials. An application for major site plan review
shall include the following materials, as applicable. A licensed professional
engineer or registered land surveyor shall prepare all site plan materials
unless otherwise approved by the reviewing board.
(1)
Application form, including the name, address, and signature
of the applicant, property owner, and developer, and seal(s) of the
engineer, architect, or landscape architect who prepared the site
plan materials.
(2)
Description or narrative of all proposed uses and structures,
including but not limited to hours of operation, peak number of employees,
maximum seat capacity, and proposed number of off-street vehicle and
bicycle parking spaces.
(3)
A site plan drawn at a scale of 1/4 inch equals one foot or
such other scale as the reviewing board may deem appropriate, on standard
twenty-four-inch-by-thirty-six-inch sheets, with continuation on 8 1/2-by-eleven-inch
sheets as necessary for written information.
(4)
A certified land survey showing the boundaries of the applicant's
property under consideration in its current state plotted to scale
with the North point, scale, and date clearly indicated, or other
document deemed acceptable by the CEO.
(5)
Plans indicating the following with regard to the property in
question, where applicable.
(6)
The location of all properties, their ownership, uses thereon,
subdivisions, streets, easements, and adjacent buildings within 100
feet of the property in question.
(7)
The location and use of all existing and proposed structures
on the property in question, including all dimensions of height and
floor area, exterior entrances, and anticipated future additions and
alterations.
(8)
The location of all existing and proposed topography features,
including, but not limited to, site grading, open spaces, woodlands,
watercourses, steep slopes, wetlands, floodplains, and watersheds.
(9)
The location of existing and proposed landscaping, screening,
walls, and fences, including information regarding the size and type
of plants and building materials proposed.
(10)
The location of existing and proposed public and private streets,
off-street parking areas, loading areas, driveways, sidewalks, ramps,
curbs, and paths. Such plans shall include considerations for vehicular,
pedestrian, and bicycle traffic circulation, parking, and access.
(11)
The location of existing and proposed utility systems including sewage or septic, water supply, telephone, cable, electric, and stormwater drainage. Stormwater drainage systems shall include existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales, subject to the requirements of Chapter 200 of the Village Code.
(12)
The location, height, intensity, and bulb type (sodium, incandescent,
etc.) of all external lighting fixtures.
(13)
The location, height, size, material, and design of all existing
and proposed signs.
(14)
A detailed traffic study, upon request of the reviewing board,
to include:
(a)
The projected number of motor vehicle trips to enter or leave
the site, estimated for daily and peak hour traffic levels;
(b)
The projected traffic flow pattern including vehicular movements
at all major intersections likely to be affected by the proposed use
of the site; and
(c)
The impact of this traffic upon existing abutting public and
private ways in relation to existing road capacities. Existing and
proposed daily and peak hour traffic levels and road capacity levels
shall also be given.
(15)
Soil logs, test well, percolation test results, and/or stormwater
runoff calculations.
(16)
Natural resource inventories and/or tree surveys.
(17)
Elevations at a scale of 1/4 inch equals one foot for all exterior
facades of the proposed structure(s) and/or alterations to or expansions
of existing facades, showing design features and indicating the type
and color or materials to be used.
(18)
Plans for disposal of construction and demolition waste.
(19)
Plans to prevent the pollution of surface or groundwater, erosion
of soil both during and after construction, excessive runoff, excessive
raising or lowering of the water table, and flooding of other properties,
as applicable.
(20)
A schedule for completion of each construction phase for buildings,
parking, and landscaped areas.
(21)
Identification of any state or county permits required for the
project and record of application for and approval status of such
permits.
(22)
All NYS SEQR documentation as required by law.
(23)
The required application fee.
C.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP), if required for the proposed site plan under Chapter 200, Stormwater Management, shall be submitted with the site plan as supporting data. Any such SWPPP shall be submitted together with the written recommendation of the Stormwater Management Officer to approve, conditionally approve, or disapprove the SWPPP pursuant to § 200-4B of the Code of the Village of Hamburg. The SWPPP submitted shall conform to the substantive requirements of Chapter 200, Stormwater Management.
The reviewing board shall consider the following when reviewing
applications and shall include a statement of findings for such considerations
in any decision or recommendation rendered.
A.
Conformance with the Village of Hamburg Comprehensive Plan, and other
adopted plans, studies, and guidelines.
B.
Conformance with the district, building, use, and lot requirements, as provided by Part 2 of this chapter.
C.
Adequacy of building and site design and development features, as required by Part 3 of this chapter.
D.
Adequacy and arrangement of vehicular traffic and circulation, including
intersections, road widths, traffic controls, and traffic-calming
measures.
E.
Adequacy and arrangement of pedestrian and bicyclist access and circulation,
including separation from vehicular traffic and connections provided
internally and externally to the site.
F.
Compatibility of proposed uses to adjacent uses, including but not
limited to building orientation and scale, site design, and transitional
treatments.
G.
Location, arrangement, size, and design of proposed external lighting
and other incidental building or site amenities.
H.
Adequacy of existing and/or proposed stormwater, drainage, and erosion
management plans.
I.
Adequacy of existing and/or proposed water and sanitary sewer systems.
A.
The reviewing board may impose conditions on or require modifications
of a site plan as necessary to satisfy the application review criteria
to the greatest extent practicable.
B.
Any conditions or modifications included as part of approval shall
be expressly set forth in the motion approving the site plan and incorporated
into the written decision.
C.
Proposed amendments or revisions to an approved site plan shall be
subject to review and approval in accordance with this article. The
issuance of a new, updated site plan shall be required.
