[Added 5-16-1996 by L.L. No. 3-1996]
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[1] and as provided in §§ 150-29 and 150-30 of this chapter.
[1]
Editor's Note: Section 7-725 of the Village
Law was repealed by L. 1992, c. 694. See now § 7-725-a.
A.
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:
(1)
That all proposed structures, equipment and material
are readily accessible for fire and police protection.
(2)
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.
(3)
That, in addition to the above, in the case of any
use proposed to be located in or directly adjacent to a residential
district:
(a)
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.
(b)
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.
(c)
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.
[Added 6-19-1979 by L.L. No. 2-1979]
B.
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.
D.
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.
E.
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.
F.
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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
Effect of site development plan approval.
(1)
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.
(2)
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.
C.
Procedure.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.[1]
(6)
Amendments to a site development plan shall be acted
upon in the same manner as the approval of the original plan.
(7)
The Planning Board may require that site development
plan approval be periodically reviewed.
D.
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:
(1)
Legal data:
(a)
Lot, block and section numbers of the property,
taken from the latest tax records.
(b)
The name and address of the owner of record.
(c)
The name and address of the person, firm or
organization preparing the map.
(d)
The date, North point and written and graphic
scale.
(e)
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.
(f)
The locations, names and existing widths of
adjacent streets and curblines.
(g)
The locations and owners of all adjoining lands
as shown on the latest tax records.
(h)
The location, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to public use within or adjoining the property.
(i)
A complete outline of existing deed restrictions
or covenants applying to the property.
(j)
Existing zoning.
(2)
Natural features.
(a)
Existing contours at intervals of five feet
or less, referred to a datum satisfactory to the Board.
(b)
Approximate boundaries of any areas subject
to flooding or stormwater overflows.
(c)
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.
(3)
Existing structures and utilities.
(a)
The location of uses and outlines of structures,
drawn to scale, on the lot and within 100 feet of the lot line.
(b)
Paved areas, sidewalks and vehicular access
between the site and public streets.
(c)
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.
(d)
Other existing development, including fences,
landscaping and screening.
(e)
The location of historic buildings or structures
on or adjacent to the site.
[Added 9-15-1988 by L.L. No. 6-1988]
(4)
Proposed development.
(a)
The location of proposed buildings or structural
improvements.
(b)
The location and design of all uses not requiring
structures, such as off-street parking and loading areas.
(c)
The location and plans for any outdoor signs.
(d)
The location, direction, power and time of use
for any proposed outdoor lighting or public-address systems.
(e)
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.
(f)
Any proposed grading, screening and other landscaping,
including types and locations of proposed street trees.
(g)
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.
[Amended 9-15-1988 by L.L. No. 6-1988]
(h)
An outline of any proposed deed restrictions
or covenants.
(i)
Any contemplated public improvements on or adjoining
the property.
(j)
If the site development plan indicates only
a first state, a supplementary plan shall indicate ultimate development.
(k)
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.
[Added 9-15-1988 by L.L. No. 6-1988]
(l)
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.
[Added 9-15-1988 by L.L. No. 6-1988]
(5)
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.
E.
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:
(1)
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.
(2)
A certificate of occupancy was issued for the existing
building or structure prior to the date of adoption of this chapter.
[Added 5-29-2012 by L.L. No. 1-2012]
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.
[Added 5-16-1996 by L.L. No. 3-1996]
A state environmental quality review determination
is required on all actions.
