It is the intent of this article to promote
the health, safety, and general welfare of the Village through project
review. A clean, wholesome, attractive environment is declared to
be of importance to the health and safety of the inhabitants of the
Village, and in addition, such an environment is deemed essential
to the maintenance and continued development of the economy of the
Village and the general welfare of its inhabitants. It is intended
for the Planning Board to attach reasonable safeguards and conditions
to those uses that might otherwise produce deleterious effects on
the environment, the rural and scenic character of the Village or
the Village residents' health, safety and welfare.
A.
Authority. Pursuant to authority delegated in accordance
with § 7-725-a of the Village Law of the State of New York,
the Village Board hereby authorizes the Planning Board to review and
approve, approve with modification or disapprove site plans.
B.
Applicability. Site plan review uses shall be controlled
by the regulations in this article in addition to the regulations
that apply in each district or for specific uses. No zoning permit
or certificate of compliance shall be issued for any use or structure
requiring site plan review until approval has been granted by the
Planning Board.
A.
Authority. Pursuant to authority delegated in accordance
with § 7-725-b of the Village Law of the State of New York,
the Village Board hereby authorizes the Planning Board to grant special
use permits as set forth in this chapter.
B.
Applicability. Uses requiring a special use permit
shall be controlled by the regulations in this article in addition
to the regulations which apply in each district or for specific uses.
No zoning permit or certificate of compliance shall be issued for
any use or structure requiring a special use permit until approval
has been granted by the Planning Board.
An application for project review shall be made
on forms prescribed by the Village. Five copies, minimum, of all materials
shall be submitted to the Board by the applicant. Extra copies as
may be deemed necessary by the Planning Board may be required. The
following information shall be required of all applications, unless
specifically waived by the Planning Board:
A.
Name and address of applicant and owner, if different,
and of the person responsible for the preparation of such drawing;
B.
Date, North arrow, written and graphic scale;
C.
Boundaries of the area plotted to scale, including
distances, bearings, and areas;
D.
The current zoning classification of the property,
including the exact zoning boundary if in more than one district;
E.
A complete outline of existing or proposed deed restrictions
or covenants applying to the property;
F.
Location and ownership of all adjacent lands as shown
on the latest tax records;
G.
A written description of all proposed uses and activities
on the site, including the number and distribution by type of all
dwelling units;
H.
Location, name, and existing width and right-of-way
of adjacent roads, including traffic circulation patterns;
I.
Location, width, and purpose of all existing and proposed
easements, setbacks, reservations, and areas dedicated to public use
adjoining the property;
J.
Location, size, and design of the following: existing,
proposed, and alterations to buildings, driveways, parking and loading
areas, outdoor storage areas, sidewalks or pedestrian paths, drainage
facilities, sewage facilities, water facilities, signs, outdoor lighting,
landscaping or screening, buffer areas, snow storage areas; walls
and fences, energy distribution facilities, fire lanes and other emergency
zones;
K.
Plans for controlling soil erosion and sedimentation
during development;
L.
Plans for grading and drainage showing existing and
proposed contours of five-foot intervals;
M.
Significant or outstanding natural features of the
property (e.g., wetlands, streams, high-water lines, cliffs, dense
vegetation, etc.);
N.
Designation of the amount of gross floor area and
gross leasable area proposed for each nonresidential use;
O.
Project construction schedule and staging phases,
if applicable;
P.
An environmental assessment form (EAF) or draft environmental
impact statement (EIS), pursuant to 6 NYCRR Part 617, where required;
Q.
An agricultural data statement, pursuant to Village
Law § 7-739, when applicable;
R.
A statement with the name, address and the nature
and extent of the interest of any state employee, or any officer or
employee of the Village in the application pursuant to General Municipal
Law § 809, when applicable;
S.
Other elements integral to the proposed development
as considered necessary by the Planning Board, including identification
of any federal, state, or county permits required for the project's
execution;
T.
Application fee as stated in the fee schedule adopted
by the Village.
A.
Presubmission conference. The applicant is encouraged
to request and attend a presubmission conference with the Planning
Board prior to formal submission of an application. This conference
may be used to discuss rough conceptual drawings, proposed uses, the
possible waiver of submission requirements, the review procedure and
the criteria that the project must meet.
B.
Waiver of requirements. The Planning Board is empowered
to waive, when reasonable, any application requirements for the approval,
approval with modifications or disapproval of site plans or special
use permits submitted for approval. Such waiver may be exercised in
the event requirements are found not to be requisite in the interest
of the public health, safety or general welfare and inappropriate
to a particular site plan or special use permit. The reasons for,
and the scope of, any such waiver granted by the Planning Board shall
be in writing and entered into the minutes of the Board.
C.
Public hearing.
(1)
Once a completed application has been formally accepted
by the Planning Board at a public meeting of the Board, the Board
shall have a maximum of 62 days to hold a public hearing on the application
to entertain public comment, unless the hearing is waived. This time
period may be extended upon the mutual consent of the Planning Board
and the applicant.
(2)
A waiver of the hearing shall not be allowed in any
one of the following circumstances:
(a)
The use requires a special use permit pursuant
to this chapter;
(b)
The use is a Type I action according to the
State Environmental Quality Review Act;
(c)
The use is over 2,000 square feet of floor or
ground area;
(d)
The use is over 35 feet in height;
(e)
The use requires an increase or change in public
water supply facilities, sewerage facilities, drainage facilities,
sidewalks, roads, curbs, gutters, or other public improvements;
(f)
The applicant has requested a public hearing.
D.
Public hearing notice. At least five days' advance
public notice of the hearing shall be published in a newspaper in
general circulation in the Village. A notice of the hearing shall
be mailed to the applicant at least 10 days before the hearing. The
notice shall also be mailed to any farm operations listed on the agriculture
data statement.
E.
County Planning Board review.
(1)
Pursuant to General Municipal Law § 239-m,
at least 10 days before the hearing, or where the hearing has been
waived, before final action, the Planning Board shall refer all site
plan reviews or special use permits to the County Planning Board that
fall within 500 feet of the following:
(a)
The boundary of the town/village or any village
within the town;
(b)
A state or county park or recreation area;
(c)
A state or county highway or expressway;
(d)
A state- or county-owned drainage channel;
(e)
State or county land where a public building
or institution is located; or
(f)
The boundary of a farm operation located within
an agricultural district.
(2)
If the County Planning Board does not respond within
30 days from the time it received a full statement on the referral
matter, then the Planning Board may act without such report. However,
any County Planning Board report received after such 30 days but two
or more days prior to final action by the referring body shall be
subject to the provisions of an extraordinary vote upon recommendation
of modification of disapproval. If the County Planning Board recommends
modification or disapproval of a proposed action, the referring Board
shall not act contrary to such recommendation except by a vote of
a majority plus one of all the members.
F.
State environmental quality review. The Planning Board
shall be responsible for the completion of an environmental assessment
form (EAF) for each application, and for compliance with 6 NYCRR Part
617 (State Environmental Quality Review Act[1] regulations) in cooperation with other involved agencies
in the review of any application. The Planning Board shall complete
its environmental review and make an environmental determination prior
to final action on the application.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
G.
Final decision. The final decision by the Planning
Board must be made within 62 days following the close of the public
hearing, or where the public hearing has been waived, within 62 days
of the official submission date. The decision shall be in writing,
specifying any conditions that may be attached to an approval, the
reasons that the Planning Board approved, approved with modifications
or disapproved the proposal, and the motions/vote of the Planning
Board. This time period may also be extended upon the mutual consent
of the Planning Board and the applicant.
H.
Filing of decision. All decisions shall be filed in
the office of the Village Clerk within five business days of final
action, and a copy mailed to the applicant. Within 30 days of final
action on any matter referred to the County Planning Board, the Planning
Board shall file a report of the final action with the County Planning
Board.
I.
Conditions on approval. In its approval, the Planning
Board shall have the authority to impose such reasonable conditions
and restrictions on the issuance of a zoning permit for the application
as are directly related to and incidental to a proposed site plan.
Upon approval of the project, any such conditions must be met in connection
with the issuance of permits by applicable Enforcement Officers of
the Village.
J.
Area variance. Notwithstanding any provisions of law
to the contrary, where a proposed project contains one or more dimensional
or physical features which do not comply with this Zoning Chapter,
application may be made to the Zoning Board of Appeals for an area
variance without the necessity for a decision or determination of
the Enforcement Officer.
K.
Expiration of site plan reviews and special use permits.
Site plan review decisions and special use permits shall expire six
months from the date of issue unless substantial progress has been
made towards carrying out the terms of Planning Board decision. The
applicant shall have two years to complete the terms of the decision,
or all work shall cease at the site. An extension may be allowed by
the Enforcement Officer upon proof of necessity submitted by the applicant
due to conditions unusual or beyond the control of the applicant.
[Amended 3-1-2011 by L.L. No. 1-2011]
A.
Uses subject to special use permits are generally appropriate in
the district in which they are allowed but may not be suitable for
a particular parcel of property within the district. The purpose of
special use permit review is to allow the Planning Board to assess
a use for its suitability for the specific site on which it is proposed.
B.
The Planning Board may approve, approve with modifications or disapprove
an application for a special use permit based on the criteria of this
chapter.
C.
The Planning Board is hereby authorized to waive any requirements
of this chapter pertaining to special use permit review and approval
when such waiver is reasonable and where the requirements of this
chapter are not requisite in the interest of the public health, safety
or general welfare or are inappropriate to a particular special use
permit.
D.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed special use permit.
E.
In considering and acting on special use permits, the Planning Board
shall consider the following:
(1)
Whether the proposed use is consistent with the Comprehensive
Plan for the community and that the public health, safety, welfare,
and comfort and convenience of the public in general are safeguarded.
(2)
Whether the public facilities to service the proposed use, including
water supply, sewage disposal, drainage facilities, road and pedestrian
facilities and solid waste facilities, and any other utilities and
public services are adequate for the intended level of use.
(3)
Whether the proposed use is of a character, scale and intensity
of use compatible with the surrounding neighborhood, will not conflict
with neighboring uses, and will not impair the value of properties.
(4)
Whether the proposed use shall not have a deleterious effect
on the site or the surrounding neighborhood with regard to natural
resources; aesthetic resources; scenic, historic or archaeological
sites or structures; or the quality of air or water.
(5)
Whether the proposed use shall not cause undue noise, vibration,
odor, glare, smoke, dust, fumes, unsightliness or electrical disturbance,
nor pose a danger to neighboring properties or the general neighborhood
due to hazardous or volatile substances.
[Amended 3-1-2011 by L.L. No. 1-2011]
A.
Uses subject to site plan review are appropriate in the district
in which they are allowed but require the review of the Planning Board
to ensure the adequacy and proper arrangement of the proposed improvements
to the site.
B.
The Planning Board may approve, approve with modifications or disapprove
an application for a site plan based on the criteria of this chapter.
C.
The Planning Board is hereby authorized to waive any requirements
of this chapter pertaining to site plan review and approval when such
waiver is reasonable and where the requirements of this chapter are
not requisite in the interest of the public health, safety or general
welfare or are inappropriate to a particular site plan review.
D.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed site plan.
E.
The Planning Board shall require that all site plans comply with
the following general review criteria:
(1)
The site is designed so as to be consistent with the Comprehensive
Plan for the community;
(2)
Parking, queuing and loading areas are adequate for the intended
level of use and arranged so as to minimize negative impacts on adjacent
properties and the public road system;
(3)
Access to the site is safe and convenient and relates in an
appropriate way to both the internal circulation on the site as well
as the public road system;
(4)
The internal circulation of the site is arranged so as to provide
safe access to parking, queuing and loading areas, provide access
for emergency and service vehicles, provide adequate separation of
pedestrian and vehicular movements, and minimize impacts on the public
road system;
(5)
Pedestrianways are safe and adequate and are properly integrated
with the pedestrianways of adjacent properties and the neighborhood;
(6)
Site lighting is adequate for the intended use of the property,
is designed to minimize impact on neighboring properties, and is appropriate
for the character of the neighborhood;
(7)
The designs, locations, dimensions and architectural styles
of buildings, structures and signs are in keeping with the character
of the neighborhood;
(8)
The site is suitably landscaped and appropriately screened from
adjacent properties and the public road at all seasons of the year
so as to protect the visual character of the area and to minimize
negative impacts on adjacent properties and the neighborhood;
(9)
Activities which are incompatible with adjacent properties are
suitably buffered so as to minimize negative impacts on such adjacent
properties;
(10)
Changes to existing drainage patterns, or increased drainage,
due to development activity have no negative impacts on adjacent property,
community drainage systems, or streams and wetlands;
(11)
On-site activities are designed and conducted so as to minimize
soil erosion and sedimentation;
(12)
Water supply and sewage disposal facilities are safe and adequate;
(13)
Existing vegetation, natural features and landform are preserved
to the extent practical;
(14)
Residential sites contain adequate and appropriate open space
and recreation areas for the residents of the site;
(15)
The integrity of scenic, historic and archeological sites are
preserved where practical.
[Added 3-1-2011 by L.L. No. 1-2011]
A.
Architectural design.
(1)
The architectural design, layout and function of uses and structures
must not conflict with that of neighboring uses or the district.
B.
Buffering.
(1)
Commercial, small commercial and industrial uses and parking
lots shall be buffered from adjacent residential uses.
(2)
Additional setbacks from lot lines may be required, if necessary,
to buffer adverse effects of a proposed use on adjacent properties.
(3)
The adequacy, type and arrangement of trees, shrubs and other
landscaping which constitutes a visual and/or a noise-deterring buffer
between competing adjacent uses and adjoining lands shall be reviewed
and approved.
C.
Drainage.
(1)
To the extent practicable, all development shall conform to
the natural contours of the land and natural and preexisting man-made
drainageways shall remain undisturbed.
(2)
All developments shall be provided with a drainage system that
is adequate to prevent the undue retention of surface water on the
development site. Surface water shall not be regarded as unduly retained
if the retention results from a technique, practice or device deliberately
installed as part of an approved sedimentation or stormwater runoff
control plan; or the retention is not substantially different in location
or degree than that experienced by the development site in its predevelopment
state, unless such retention presents a danger to health or safety.
(3)
No surface water may be channeled or directed into a sanitary
sewer.
(4)
Whenever practicable, the drainage system of a development shall
be coordinated with the connections to the drainage systems or drainageways
on surrounding properties or roads.
(5)
Private roads and accessways within unsubdivided developments
shall utilize curb and gutter and storm drains to provide adequate
drainage if the grade of such roads or accessways is too steep to
provide drainage in another manner or if other sufficient reasons
exist to require such construction.
(6)
All developments shall be constructed and maintained so that
adjacent properties are not unreasonably burdened with surface waters
as a result of such developments. More specifically:
(a)
No development may be constructed or maintained to unreasonably
impede the natural flow of water from higher adjacent properties.
(b)
No development may be constructed or maintained so that surface
waters are unreasonably collected and channeled onto lower adjacent
properties at such locations or at such volumes as to cause substantial
damage to lower adjacent properties.
D.
Electrical disturbance.
(1)
Electrical disturbances shall not be caused so as to disrupt
radio or television communications in the immediate area.
E.
Erosion and sediment control.
(1)
All earthmoving activities shall be conducted in such a way
as to prevent accelerated erosion and the resulting sedimentation.
To accomplish this, any person engaged in earthmoving activities shall
effectively develop, implement and maintain erosion and sedimentation
control measures. These erosion and sedimentation measures must be
set forth in a plan as described below and must be available at all
times at the site of the activity.
(2)
The erosion and sedimentation control plan shall include but
not limited to the following:
(a)
The topographic features of the project area;
(b)
Types, depth, slope, and extent of the soils;
(c)
The proposed alteration to the area;
(d)
The amount of runoff from the project area and the upstream
watershed area;
(e)
The staging of earthmoving activities;
(f)
Temporary control measures and facilities for use during earthmoving;
(g)
Permanent control measures and facilities for long-term protection;
and
(h)
A maintenance program for the control facilities, including
disposal of materials removed from the control facilities or project
area.
(3)
During and upon completion of the project, all areas which were
disturbed by the project shall be stabilized so that accelerated erosion
shall be prevented.
(4)
Any erosion and sedimentation control facility required or necessary
to protect areas from erosion during the stabilization period shall
be maintained until stabilization is completed.
(5)
Upon completion of stabilization, all unnecessary or unusable
control facilities shall be removed, the areas shall be graded, and
the soils shall be stabilized.
F.
General nuisance effects.
(1)
The site shall be designed so that any excessive noise, vibration,
lighting glare, dust, fumes, smoke or odor caused by the use shall
be prevented from adversely affecting and depreciating neighboring
properties.
G.
Hazardous materials.
(1)
All buildings, structures or areas used in the production, handling,
and storage of hazardous materials shall be located at least 500 feet
from any lot or street line.
(2)
All buildings, structures or areas used for producing, handling
or storing hazardous materials must be placed on a paved, concrete,
or similar solid surface and have in place walls, mounds, pits or
some similar devices which, in case of leakage or spills, will retain
the hazardous material on the site and prevent contamination of the
soil and groundwater.
(3)
No hazardous material shall be disposed of on site.
(4)
The entire lot on which the operation is located shall be enclosed
by a fence at least 10 feet high, and all entrances and exits shall
be locked, have security personnel available or employ some system
which restricts access to the area.
H.
Impervious surfaces.
(1)
Where no public storm sewers are available, no more than 65%
of the gross site area may be covered by impervious surfaces.
I.
Landscaping.
(1)
Landscaping shall be used to enhance the visual character of
the use, provide a more comfortable micro-climate, aid in traffic
circulation and drainage, eliminate erosion, and provide for visual
and noise barriers.
(2)
Consideration shall be given to seasonal needs for solar access,
wind screens and shading.
(3)
Natural vegetative features of the site shall be retained and
maintained when at all possible, and new vegetation shall be used
that is suitable for or native to the region.
(4)
Any proposed road that is part of a site plan shall have new
trees planted or retain existing trees.
(5)
Landscaping design should include consideration for basic site
maintenance such as lawn mowing and leaf removal and should not be
in conflict with snow removal and storage.
(6)
Landscaping shall involve grading, seeding and regular mowing
of the front yard area at a minimum.
J.
Lighting.
(1)
All developments shall have adequate lighting to ensure the
safety and security of persons using or occupying such development.
(2)
Lighting should be located along streets and parking areas,
at intersections and where various types of circulation systems merge,
intersect or split, along pathways, at stairways and building entrances
and exits, and where buildings are set back or offset.
(3)
Freestanding lights should be so located and protected to avoid
being easily damaged by vehicles.
(4)
All lighting shall be designed and arranged so as to minimize
glare and reflection on adjacent properties and roads; and where lights
along the property lines will be visible to adjacent residents, the
lights should be appropriately shielded.
(5)
All lights should be shielded to restrict the maximum apex angle
of the cone of illumination to 150 degrees.
(6)
The style of the light and light standard should be consistent
with the architectural style of the principal building.
(7)
The maximum height of freestanding lights should be the same
as the principal building but not exceeding 25 feet.
(8)
No floodlights in excess of 100 watts shall be installed without
specific written approval of the Planning Board, and spotlight-type
fixtures attached to buildings should be avoided.
K.
Recreation and open space.
(1)
In the case of residential developments, recreation areas (both
playgrounds and informal recreation areas) may be required where a
finding has been made that such recreation areas are necessary based
on the projected population growth which the particular site plan
will contribute.
(2)
Nonrecreational open spaces may be required for circulation
and other reasons.
L.
Scenic, historic and cultural attributes.
M.
Screening.
(1)
Every development shall provide sufficient screening so that
neighboring properties are shielded from adverse external effects
of that development and the development is shielded from negative
impacts of adjacent uses.
(2)
When a commercial use abuts a residential property, screening
may be required of sufficient height and density (i.e., fences, hedges,
etc.) to reduce or eliminate conflicting environmental conditions.
N.
Site layout.
(1)
The elements of a site plan include such things as structures,
vegetation, land forms, open space, drainage systems, and automobile
and pedestrian trafficways. Such elements shall be laid out in such
a way that they are integrated to work as a well-functioning system
which enhances the aesthetic quality of the site so that it is beneficial
and not detrimental to the use on the site or neighboring sites or
damaging or inconvenient to property or persons.
O.
Vehicular and pedestrian traffic.
(1)
The adequacy and arrangement of safe vehicular traffic access
and circulation, including intersections, road widths, curb cuts,
channelization structures and traffic controls, shall be reviewed.
Traffic access to and from the site, as well as on-site traffic circulation,
shall be designed and constructed so as to reduce traffic hazards.
(2)
No new vehicular entrances shall be provided within 50 feet
of an existing intersection.
(3)
The adequacy and arrangement of pedestrian traffic access and
circulation, including separation of pedestrian from vehicular traffic,
walkways, structures, control of intersections with vehicular traffic
and pedestrian convenience, shall be reviewed. Pedestrian and automobile
conflicts shall be minimized as much as possible, and safe passage
for pedestrians shall be provided.
