[HISTORY: Adopted by the Board of Trustees of the Village of Upper
Brookville 5-15-2007 by L.L. No. 4-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 40.
Stormwater management and erosion and sediment control — See Ch. 175.
Subdivision of land — See Ch. 180.
Zoning — See Ch. 205.
[1]
Editor's Note: This local law was originally designated to be
added as Chapter 165, but was renamed and renumbered to maintain the organization
of the Code.
The Board of Trustees hereby finds that the proper and desirable development
of residential lots requires the retention of native trees, shrubs, flora,
fauna and ground cover, the preservation of animal habitat, protection of
slopes, strict compliance with drainage regulations in order to prevent pollution
and recharge aquifers, and the use of imaginative ways to create a balance
between reasonable enjoyment and improvement of land and the preservation
of dwindling natural resources and the Village. It is for these reasons that
the Board of Trustees hereby grants additional authority to the Planning Board
to review site plans as permitted by § 7-725-a of the Village Law.
The Planning Board, in addition to its authority set forth in Chapter 180 and Chapter 205 of this Code, is hereby authorized to review and approve, approve with modifications, or disapprove site plans prepared to specifications set forth herein relating to parking, means of access, screening, landscaping, location and dimension of buildings, adjacent land uses and physical features meant to protect the adjacent land uses and the protection of slopes, wetlands, water bodies and other natural resources of the Village as follows:
A.
For residential lots shown on any subdivision plat approved
after January 1, 2007, the Planning Board shall have concurrent authority
with the Architectural Site Plan Commissioner (ASPC) to approve a site plan
for any lot shown on such a plat that the Planning Board identifies as requiring
its site plan approval prior to the issuance of building permits for such
lot.
C.
No building permit for a building or structure subject
to site plan review shall be issued by the Building Department, except upon
authorization of and in conformity with the site plan approved pursuant to
this chapter.
A.
Submission of site plan, building plans and supporting
data. The owner or his agent shall submit a site plan with supporting data
that shall include the following information:
(1)
Topographical survey of property showing existing features,
existing and proposed buildings and structures, trees proposed to be removed
or affected having a circumference of over 20 inches at a height of four feet
above the ground, streets, utility easements, rights-of-way, water bodies,
wetlands, slope lands, and areas of native vegetation that are likely to be
used as natural habitat for wildlife.
(2)
Color aerial photo showing existing condition of the
premises. (Satellite photographs from sources on the Internet are acceptable.)
(3)
Proposed building size (footprint) and locations.
(4)
Traffic circulation, parking and open spaces.
(5)
Landscaping plans, including site grading and landscape
design.
(6)
Engineering plans for the construction of driveways,
drainage facilities and retaining walls.
(7)
Description of proposed uses, construction sequence and
time schedule for completion of each phase for buildings, parking spaces and
landscaped areas.
B.
In cases where the lot which is the subject of the application
appears on a subdivision plat that has been previously approved by the Planning
Board and where the Planning Board has indicated in its final decision approving
the plat that it wishes to retain site plan review for specifically identified
lots, no public hearing shall be required for the review of such site plan;
provided, however, that the Planning Board may, in its discretion, require
that a hearing be held.
C.
Hearing and referral procedure.
(1)
If a hearing is required by the Planning Board, at least
10 days before any hearing the Planning Board shall mail notices to the County
Planning Board or agency or Regional Planning Council as 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 Subdivision 1 of § 239-m
of the General Municipal Law. In the event a public hearing is not required,
such proposed action shall be referred before final action is taken.
(2)
If a public hearing is required by the Planning Board,
the Board shall conduct such hearing within 62 days from the day an application
is received. Notice of the hearing shall be sent to the applicant at least
10 days before such hearing and public notice shall be given of the hearing
in a newspaper of general circulation in the Village at least five days prior
to the date thereof. The Board shall make a decision on the application within
62 days after such hearing or after the day the application is received if
no hearing has been held. The time within which the Board must render its
decision may be extended by mutual consent of the applicant and the Board.
The decision of the 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.
(3)
The Planning Board shall comply with the provisions of
the State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.
(4)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 175, "Stormwater Management and Erosion and Sediment Control" shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards of Chapter 175, "Stormwater Management and Erosion and Sediment Control." The approved site plan shall be consistent with the provisions of Chapter 175, "Stormwater Management and Erosion and Sediment Control."
The Planning Board shall be required to follow and be guided by the
following standards:
A.
Structures, driveways, and paved areas shall be located
in open areas to the maximum extent possible to preserve native stands of
mature trees, slopes, and animal habitat.
B.
Natural areas of trees, foliage, and undergrowth shall
be preserved to maintain habitat for wildlife.
C.
New landscaping in the side and rear yards is to be discouraged
so that buffer zones of native trees, foliage, and animal habitat can be preserved
between properties.
D.
New landscaping should be encouraged to be installed
only in areas near the dwelling and accessory structures and front yard in
order to maintain buffer areas of natural trees and shrubs and native ground
cover between lots.
E.
Impervious surfaces such as driveways, parking areas
and terracing should be kept to a minimum to avoid excessive runoff of drainage,
and on-site drainage facilities should be required when feasible.
F.
The size of lawns should be limited to reduce the use
of water resources and minimize the use of fertilizers that pollute watercourses
and natural bodies of water.
G.
Fences (such as post-and-rail fences and open-slat fences)
that facilitate the migration of small animals between natural buffer areas
should be encouraged. Stockade, chain-link and other impervious fences should
only be used if there is a legitimate security or safety reason for their
use.
H.
The facilities and structures shown on the site plan
shall at least comply with the requirements of applicable zoning regulations.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related and incidental to a proposed
site plan. Upon its approval of a plan, any such conditions must be met in
connection with the issuance of permits by applicable enforcement agents or
officers of the Village. Where appropriate, the Board may impose the following
conditions:
A.
The property lines and location of buildings to be staked.
B.
The proposed location of future buildings and facilities.
C.
Hay bales be utilized to prevent excessive runoff and
erosion.
D.
Orange construction fence to be placed in such a manner
to protect land that is not to be disturbed.
E.
Submission of an agreement signed by a professional engineer
or architect that such professional will be responsible for the proper supervision
of the project.
F.
The Planning Board may require a performance bond or
security to be furnished to the Village by the owner sufficient to cover the
full cost of the proper installation of required improvements as estimated
by the Planning Board. Such security shall be provided to the Village pursuant
to the provisions of Subdivision 9 of § 7-730 of the Village Law.
G.
Any other condition that is appropriate to meet the purposes
of this chapter.
The Planning Board, when reasonable, may waive any requirements for
the approval, approval with modifications or disapproval of site plans submitted
for approval. Any such waiver shall be subject to appropriate conditions such
as the posting of security or a declaration of covenants and restrictions
running with the land in the event any such requirements are found not to
be requisite in the interest of public health, safety or general welfare or
inappropriate to a particular site plan.
