Village of Groton, NY Article XVI Site Plan Review

[Added 7-18-2011 by L.L. No. 4-2011[1]]

[1] Editor's Note: This local law also provided for the renumbering of former Arts. XVI, XVII and XVIII as Arts. XVII, XVIII, and XIX, respectively.

§ 200-77 Purpose.

A review of the arrangement, layout, and design of the use of individual lots for other than single-family and two-family residential uses is in the public interest. It is the goal of the Village of Groton to minimize ecological disturbances, provide a means to separate parking and loading arrangements where necessary, ensure pedestrian safety, and the aesthetic relationship of the proposed structures to the site, and other such elements as may be reasonably be related to the health, safety, and general welfare of the Village.

§ 200-77.1 Authority.

The Planning Board is hereby empowered to grant site plan approval in accordance with the provisions of § 7-725-a of the Village Law. The Village Board hereby further empowers the Planning Board to, when reasonable, waive any requirement for approval, approve with modifications or disapprove site plans submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in this article, may be exercised in the event that any such requirements are found not to be requisite in the interest in the public health, safety, or general welfare, or inappropriate to a particular site plan. Those identified applications requiring site plan approval as a prerequisite and all special permits (which require site plan approval) shall be regulated as set forth in this article. The application procedures for special permits are contained in Article X of this chapter.

§ 200-77.2 When required.

A. In all zoning districts and parcels within the Village of Groton, site plan approval by the Planning Board shall be required for:

(1) All uses of vacant land other than uses customarily accessory to one-family or two-family residences;

(2) Any change in building footprint or change in site in terms of parking, loading, access, drainage, utilities or other Village services, landscaping, buffering, architectural features, location of structures, or other elements related to the health, safety, and general welfare of the community.

B. In all cases where any amendment of any such plan is proposed, the applicant must also secure the approval of the amendment by the Planning Board. No building permit may be issued for any building within the purview of this section until an approved site plan or amendment of any such plan is secured by the applicant and presented to the Board. No certificate of occupancy may be issued for any building or use of land within the purview of this section unless the building is constructed or used, or the land is developed or used, in conformity with an approved site plan, or an amendment of any such plan.

§ 200-77.3 Objectives.

A. In reviewing site plans, consideration shall be given to the public health, safety, and welfare; and the comfort and convenience of the public in general, of the residents of the proposed development, and of the immediate neighborhood in particular. Appropriate conditions and safeguards as may be required to further the expressed intent of this chapter and the accomplishments of the following objectives in particular may be prescribed by the Planning Board:

(1) All proposed traffic access ways are adequate but not excessive in number; adequate in width, grade, alignment, and visibility; and in proximity to street corners or other places of assembly; and other similar safety considerations.

(2) 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, loading bays and building services.

(3) 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 as to enhance the character of the Village and is in character with that generally prevailing in the neighborhood.

(4) All existing trees over eight inches in diameter, measured at three feet above the base of the trunk, shall be retained to the maximum extent possible.

(5) All plazas and other paved areas intended for use by pedestrians shall use aesthetic considerations and plant materials so as to prevent the creation of vast expanses of pavement.

(6) All outdoor lighting is of such nature and so arranged as to preclude the diffusion of glare onto adjoining properties and streets.

(7) Building facades are compatible with surrounding area.

(8) The drainage system and layout proposal will afford an adequate solution to on-site and off-site drainage problems.

(9) Plans for internal water and sewer systems are adequate and that connections to Village systems are in accordance with Village standards.

(10) The site plan is in conformance with such portions of the Comprehensive Plan of the Village that may be in existence.

(11) Appropriateness and quality of design in the exterior appearance of buildings or land developments.

(12) Avoidance of repetitive or near identical facades or structures and/or structures arranged without respect to natural features.

(13) Compatibility with historically and architecturally significant structures identified in the Village of Groton.

B. In reviewing site plans for lots adjacent to the Owasco Lake Inlet, consideration shall be given to the public health, safety, and welfare. Appropriate conditions and safeguards as may be required to further the expressed intent of this article and the accomplishments of the following objectives in particular may be prescribed by the Planning Board:

(1) To aid in stabilizing the environment's ecological balance by contributing to the process of air purification, oxygen regeneration, groundwater recharge, stormwater runoff retardation, and improvement of water quality, while at the same time aiding in noise, glare and heat abatement.

(2) To provide visual buffering between land uses of differing character by placing screening vegetation.

(3) To enhance the beauty of the Village by expanding and strengthening the forest and providing a diversity of vegetation within the Village.

(4) To protect the character and stability of residential, business, institutional, and industrial areas.

(5) To preserve the value of land and buildings by protecting and enhancing the aesthetic character of the community.

(6) To conserve energy by providing wind breaks, shade and temperature moderation.

(7) To retard the spread of noxious weeds by encouraging a vigorous desirable plant community within the Village.

§ 200-77.4 Procedure.

A. Presubmission conference.

(1) Prior to the submission of a formal site plan, an optional presubmission conference may be held with the Planning Board to discuss the proposed site plan so that the necessary subsequent steps may be undertaken with a clear understanding of the Village's requirements in matters relating to the development of the site. The applicant shall submit a map showing the important existing natural and man-made features in and around the site and a sketch plan showing the major features of the proposed development. The Planning Board may request that the sketch plan include, without limitation:

(a) The general location of the proposed development;

(b) Approximate boundaries of parcels involved;

(c) Existing and proposed land use;

(d) Approximate location of existing and proposed buildings, or significant structures;

(e) Approximate location of adjacent or nearby highways;

(f) General topography of the area;

(g) General indication of potentially significant natural or cultural features on or adjacent to the site (e.g. wetlands, creeks, steep slopes, or historic structures);

(h) Existing land uses of adjacent properties;

(i) Written explanation of the purpose and character of the proposed development including type and density of development, water and sewer systems proposed and general timetable for development.

(2) At this time, the Planning Board may indicate those requirements for approval that can be waived.

B. Within six months following the optional presubmission conference, seven copies of the site plan and any related information shall be submitted to the Village Clerk's Office, accompanied by a fee in accordance with the schedule of fees of the Village of Groton, payable to the Village Clerk. If not submitted within this six-month period, another presubmission conference may be necessary.

C. The applicant shall also complete and submit Part I of the appropriate State Environmental Quality Review Act form for the purposes of an environmental review. The Long Environmental Assessment Form (Long EAF) is required for Type I actions under the SEQRA.

D. The Code Enforcement Officer or Chair of the Planning Board shall verify for each site plan or amendment whether or not the application is complete in accordance with § 200-77.5 and whether the plan meets the requirements of all Zoning Ordinance provisions other than those of this article regarding site plan review. The Code Enforcement Officer or Chair of the Planning Board shall act to certify the application or return it to the applicant for completion or revision within 10 days of submission by the applicant.

E. The Planning Board shall hold a public hearing on the site plan application. Such hearing shall be held within 62 days from the day an application is received by the Planning Board and shall be duly advertised in accordance with the New York State Village Law.

F. The Planning Board shall make a decision to either approve, approve with conditions, or disapprove the application within 62 days of the close of the public hearing. Such sixty-two-day period maybe extended by mutual consent of the applicant and the Planning Board.

G. Before taking action on certain site plan review applications, such applications shall be referred to the Tompkins County Planning Department for review and report in accordance with the provisions of § 239-m of the General Municipal Law.

H. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village of Groton.

I. Improvements and performance bond.

(1) Following approval of the site plan by the Planning Board, the applicant shall file with the Village Clerk a performance bond to cover the full cost of any required improvements in an amount set by the Planning Board upon advice of the consultant to the Planning Board or Village Engineer. If the value of improvements is less than $25,000, unless the Planning Board determines that improvements of lesser costs are important to the health and welfare of the Village or the immediate area, the Planning Board may waive the bonding requirements.

(2) Said bond shall be in a form satisfactory to the Municipal Attorney of the Village of Groton and may be in cash or in the form of surety company bonds and, if a surety company bond, shall be in the amount of 100% of the estimated cost or, if a cash bond, 50% of the estimated cost, as certified by the consultant to the Planning Board or Village Engineer, of proposed screening and landscaping, including planting and maintenance thereof for a minimum of one year and a maximum of three years at the discretion of the Planning Board, stormwater drainage systems, public and private streets and drives, water and sanitary sewer systems, outdoor lighting and off-street parking areas, loading areas, means of vehicular access and egress to and from the site onto public streets and recreation areas, including playgrounds and garbage collection stations and fire alarm systems (if any).

(3) Said bond shall be conditioned upon the property owner's or developer's completing said work enumerated herein and set forth on the approved site plan in a manner satisfactory to the Village Engineer or other enforcement agent or officer of the Village of Groton and upon the proper functioning of said systems for a period of one year from their completion. In default thereof, said bond or deposit shall be forfeited, and the Village shall use the amount thereof to complete any incomplete portion of said work or to make repairs as are necessary to assure proper functioning of said improvements; provided, however, if any amount of money remains after the Village has completed said work, such excess money will be returned to the surety or the person putting up the required deposit.

(4) Said surety bond or cash deposit may be reduced by resolution of the Planning Board upon the certification of the consultant to the Planning Board or Village Engineer that one or more particular items required by the Planning Board have been satisfactorily completed. If a fifty-percent cash bond has been posted, such reduction shall be in the ratio that the completed item or items bear to the total estimated costs of the required improvements. The installation of all improvements shall be under the direct supervision of a registered architect or professional engineer.

J. Time limit on validity of approval. Approval of a site plan by the Planning Board shall be valid for a period of six months from the date thereof for the purposes of obtaining a building permit. Failure to secure a building permit during the period shall cause the site plan to become null and void. An additional six-month extension period may be granted by the Planning Board.

§ 200-77.5 Site plan elements.

A. The applicant shall cause a scaled site plan map to be prepared by an architect, landscape architect, civil engineer, surveyor, land planner, or other equally licensed professional. The site plan shall include the elements listed herein which are appropriate to the proposed development or uses as indicated by the Planning Board in the presubmission conference. This information, in total, shall constitute the site plan.

(1) Legal data.

(a) Name and address of the owner of record.

(b) Name and address of person, firm, or organization preparing the map.

(c) Date, north arrow, and written and graphic scale.

(2) Natural features (when applicable).

(a) Existing contours with intervals of five feet or less.

(b) Approximate boundaries of any areas subject to flooding or stormwater overflows.

(c) Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of either eight inches or more, measured three feet above the base of the trunk, and any other significant natural features.

(3) Existing structures and utilities.

(a) Outlines of all structures and location of all uses not requiring structures.

(b) Paved areas, sidewalks, and vehicular access between the site and public streets.

(c) Locations, dimensions, grades and flow direction of any existing sewers, culverts, and water lines, as well as other underground and above ground utilities within and adjacent to the property.

(d) Other existing development, including fences, landscaping, and screening.

(e) Sufficient description or information to define precisely the boundaries of the property.

(f) The locations and owners of all adjoining lands as shown on the latest tax records.

(g) The locations, names, and existing widths of adjacent streets and curblines.

(h) Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use within or adjacent to the property.

(i) A complete outline of existing deed restrictions or covenants applying to the property.

(j) Existing zoning.

(4) Proposed development.

(a) The location of proposed buildings or structural improvements. Refuse and waste removal areas, service yards, storage yards and exterior work areas shall be screened from view from public ways, using materials harmonious with the building.

(b) Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationships to one another. The pattern of placement, proportions and materials of windows and doors shall be considered. Metal or plastic frame windows are generally unacceptable unless they are anodized or painted. Shutters should be sized to match windows.

(c) Whenever possible, the use of natural materials is preferred.

(d) The location and design of all uses not requiring structures, such as off-street parking and loading areas.

(e) The location, direction, power, and time of use for any proposed outdoor lighting or public address systems. Exterior lighting shall be considered as part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with the building design.

(f) The location and plans for any outdoor signs, which must be in accordance with applicable sign regulations. Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and the surroundings. Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.

(g) The location, arrangement, and materials 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. Proposed direct pedestrian connection to public parking lots or structures will also be shown.

(h) Proposed screening and other landscaping, including a planting plan. Where fences are to be used, wood, stone, iron or plant materials are preferred.

(i) The location and connection to Village facilities of all proposed water lines, valves, and hydrants and all drainage and sewer lines or alternate means of water supply and sewage disposal and treatment facilities.

(j) An outline of any proposed easements, deed restrictions, or covenants and a notation of any areas to be dedicated to a public agency.

(k) Any contemplated public improvements on or adjoining the property.

(l) Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties or the street.

(m) Elevations of all proposed principal or accessory structures.

(n) If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.

(o) Any other information deemed by the Planning Board to be necessary to determine conformity of the site plan with the spirit and intent of this chapter.

§ 200-77.6 Planning Board consideration for site plan approval.

A. General considerations.

(1) Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.

(2) Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

(3) Location, arrangement, appearance and sufficiency of off-street parking and loading.

(4) Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.

(5) Adequacy of stormwater and drainage facilities.

(6) Adequacy of water supply and sewage disposal facilities.

(7) 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.

(8) In the case of an apartment complex or other multiple-family dwelling, the adequacy of usable open space for play areas and informal recreation.

(9) Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.

(10) Adequacy of emergency zones to accommodate emergency vehicles.

(11) Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

B. In its review, the Planning Board may consult with the Village consultant, the emergency services, County Planning Department, and any other Village or County officials, as well as with representatives of federal and state agencies.

C. The Planning Board may require that the exterior design of all structures be made by or under the direction of a registered architect, whose seal shall be affixed to the plans, and to submit landscape plans, together with an estimate of the cost of installing the same.