[Amended 11-21-1984 by L.L. No. 3-1984; 11-18-1986 by L.L. No.
11-1986; 11-17-1987 by L.L. No. 5-1987; 4-5-1988 by L.L. No.
1-1988; 1-7-1992 by L.L. No. 2-1992; 2-7-1995 by L.L. No.
2-1995; 2-7-1995 by L.L. No. 5-1995; 4-2-1996 by L.L. No.
3-1996; 10-1-1996 by L.L. No. 10-1996; 7-11-2000 by L.L. No.
14-2000; 3-27-2007 by L.L. No. 3-2007; 3-27-2007 by L.L. No.
5-2007; 9-25-2007 by L.L. No. 12-2007; 10-21-2008 by L.L. No.
5-2008; 1-20-2009 by L.L. No. 1-2009; 2-8-2011 by L.L. No.
1-2011]
A.
No building permit or certificate of occupancy shall be issued for
construction in any zoning district, except for a building or structure
that complies with and meets the requirements of the definition of
"buildable lot" as set forth in this chapter and that is in conformity
with a site development plan previously approved by the Planning Board,
the Village Engineer, and the Village Building Inspector.
B.
At least 10 days prior to site plan review by the Planning Board,
written notice shall be sent by the Clerk of the Planning Board to
all property owners abutting that owned by the applicant and all other
owners within 200 feet from the exterior boundaries of the land involved
in such application.
C.
Notwithstanding the provisions of Subsection A of this section, in any instance when the Board of Trustees is the lead agency in accordance with State Environmental Quality Review Act, site plan approval shall rest solely with the Board of Trustees. The Planning Board, Village Engineer and Village Building Inspector shall, upon request, render advisory opinions to the Village Board.
D.
The requirements set forth in Subsections A and B may be waived by the Planning Board Chairperson upon the recommendation of the Building Inspector for applications involving one-family detached dwellings and where the construction sought is deemed minor by the Building Inspector, pursuant to regulations adopted by the Planning Board. The Planning Board is authorized to draft such regulations as may be necessary to effectuate the provisions of this section. Nothing in this section shall prevent the Chairperson from determining that the proposal has special features which require standard consideration under Subsections A and B before the full Planning Board.
E.
Site plan approval.
(1)
Unless construction is commenced and diligently prosecuted within
one year from the date of approval of a site plan by either the Village
Board or the Planning Board, such site plan approval shall be null
and void unless extended in accordance with the procedure hereinafter
set forth. Site plan approvals granted prior to the adoption of this
section shall be null and void one year after the adoption of this
section unless construction has commenced and is being diligently
prosecuted, or unless the approval has been extended as hereinafter
set forth.
(2)
Site plan approvals may be extended for an additional period of one
year, provided that an application for an extension is filed with
the Board granting the original site plan approval not less than 30
days prior to the expiration of the date of the original site plan
approval. The granting Board shall not unreasonably refuse an extension
but in considering the reasons for the requested extension may establish
reasonable conditions precedent to the granting of an extension.
(3)
In the event that site plan approval lapses due to the inaction of
the applicant, site plan approval may be granted only by a new application
in accordance with the laws, rules and regulations of this chapter
and the Village of Piermont and upon the repayment of all required
fees and charges.
An application for site development plan approval shall be referred
to the Planning Board or the Board of Trustees by the Building Inspector
within 10 days after the Building Inspector shall have received said
application. Said application shall include:
A.
A plan of the site, drawn to a scale of not less than 100 feet to
the inch, showing the location and description of:
(1)
Property boundaries.
(2)
Site acreage.
(3)
Existing natural and man-made features on site and within 500 feet
outside of the site boundary, including street rights-of-way, railroads,
structures, water sources, utilities and topography, including existing
contours with intervals of not more than five feet where the slope
is 10% or greater and not more than two feet where the slope is less
than 10%.
(4)
Soil characteristics.
(5)
Location of wooded areas.
(6)
The depth to seasonal high-water table.
(7)
A copy of the Soil Conservation District soil survey, where available.
(8)
Boundaries of any area subject to flooding, stormwater overflows
and mountain or hillside areas subject to downslope flooding, including
Flood Hazard Areas as established by the Federal Emergency Management
Agency Flood Insurance Rate Map (FIRM) for Rockland County, New York.
B.
The location and description of proposed changes to the site and
existing development on the site, which includes:
(1)
The locations, dimensions and uses of all proposed buildings and
structures.
(2)
The locations and dimensions of parking and loading areas and access
and egress thereto.
(3)
The locations and dimensions of all roads, driveways, sidewalks and
walkways.
(4)
The locations of all utilities, outdoor lighting facilities, fences,
walls and signs.
(5)
The locations of all principal and accessory buildings and structures,
and recreation areas (e.g., trampolines, swing sets, jungle gyms).
(6)
All excavation, filling and grading proposed to be undertaken, identified
as to the depth, volume and nature of the materials involved.
(7)
All areas requiring clearing, identified as to the nature of vegetation
affected.
(8)
All areas where topsoil is to be removed and stockpiled and where
topsoil is to be ultimately placed.
(9)
All temporary and permanent vegetation to be placed on the site,
identified as to planting type, size and extent.
(10)
All temporary and permanent erosion and sediment control measures,
including soil stabilization techniques and stormwater drainage and
storage systems, including ponds and recharge and sediment basins
(identified as to the type of facility, the materials from which it
is constructed, its dimensions and its capacity in gallons).
(11)
The anticipated pattern of surface drainage during periods of
peak runoff, upon completion of site preparation and construction
activities.
(12)
The final contours of the site at intervals of no greater than
two feet.
(13)
All applications for construction on unimproved (i.e., vacant) lots shall include a Tree Preservation, Protection and Landscaping Plan, as prescribed in Article II of Chapter 185 (§ 185-6 et seq.) of the Code of the Village of Piermont (Tree Preservation, Protection and Landscaping), drafted, and signed and sealed, by a New-York-State-licensed landscape architect.
C.
A schedule of the sequence of installation of all landscaping, including
planned soil erosion, sediment and runoff control measures, as related
to the progress of the project, including anticipated starting and
completion dates.
D.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 169, Stormwater Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 169, Stormwater Control. The approved site plan shall be consistent with the provisions of Chapter 169, Stormwater Control.
A.
Within 65 days of the receipt of a complete site development plan
application, or within such other further period of time that is mutually
agreeable to the applicant and the Planning Board or the Board of
Trustees, the Planning Board or the Board of Trustees shall render
a decision to the Building Inspector.
B.
When acting upon the site development plan application, the Planning
Board or the Board of Trustees shall consider the following standards
of development:
(1)
All proposed traffic access points and roads shall be adequate but not excessive in number, adequate in width, paving, grade, alignment and visibility and not located too near street corners or other places of public assembly. Necessary traffic signalization, signs, dividers and other safety controls, devices and facilities shall be given proper consideration and duly provided wherever appropriate or warranted. Roads shall be constructed in accordance with § 174-12 (Street Layout) and § 174-13 (Street design) of the Code of the Village of Piermont.
(2)
Safe, adequate and convenient pedestrian access and circulation shall
be provided both within the site and to adjacent streets with particular
attention to all intersections with vehicular traffic.
(3)
Off-street parking and loading spaces shall be arranged with consideration
given to their location, sufficiency and appearance and to prevent
parking in public streets of vehicles of persons connected with or
visiting the use. The interior circulation system shall be adequate
to provide safe accessibility to, from and within all required off-street
parking areas.
(4)
All structures, recreational, parking, loading, public and other
service areas shall be landscaped and/or screened by fencing so as
to provide adequate visual and noise buffers in all seasons from neighboring
lands and streets. The scale and quality of the landscaping and screening
on site shall be in keeping with the character of and serve to enhance
the neighborhood.
(5)
All major stands of trees, outstanding natural topography, significant
geological features and other areas of scenic, ecological and/or historic
value shall be preserved to the maximum extent practicable; soil erosion
shall be prevented to the maximum extent practicable; and all potentially
ecologically disruptive elements of site preparation, such as blasting,
diversion of watercourses and the like, shall be conducted according
to the highest standards of professional care.
(6)
All proposed structures, service areas, fire lanes, hydrants, equipment
and material shall be adequate and readily accessible for the protection
of the proposed uses from fire.
(7)
A stormwater drainage system shall be provided so as to limit surface
water runoff from the site to zero increase in the rate of runoff
from existing conditions. Natural vegetation and topography shall
be retained to stabilize soils and reduce the volume of stormwater
flow.
(8)
The public and/or private disposal systems shall be sufficient to
safely and adequately handle the type and volume of refuse and sewage
which can reasonably be anticipated to be generated by the land uses
on site.
(9)
The public and/or private delivery systems for bringing potable water
to each of the uses on site shall be shown to be sufficient.
(10)
Adjacent and neighboring properties shall be protected against
noise, lighting glare, unsightliness or other objectionable features
such as unsightly storage of garbage, refuse and recyclables.
(11)
Where a proposed use is a nonresidential use which would adjoin
residential areas, special consideration shall be given, by the land
use board exercising approval jurisdiction, to minimizing the impact
of the proposed use on the residential properties.
(12)
The applicable provisions of Article XIX of this chapter shall be abided, followed, and adhered and conformed to.
(13)
These standards shall also apply to accessory structures and
accessory buildings, and to accessory uses.
(14)
The Planning Board or the Board of Trustees shall consider such
other aspects as set forth in § 7-704 of the Village Law
of the State of New York, as the same may from time to time be amended.
(15)
Adverse impacts to neighboring properties' existing lines of
sight and viewscapes of the Hudson River, Sparkill Creek, Piermont
Marsh and/or Tallman Mountain, shall be avoided to the maximum extent
practicable.
(16)
The appearance, design and style of the exterior of buildings and structures, and the selection and installation of landscaping for screening and aesthetic purposes, shall be compatible, harmonious and complementary with the existing buildings and structures of the surrounding neighborhood and community. In reviewing said aesthetic aspects of the application, the Planning Board or Board of Trustees may consider all of those standards and criteria set forth in Chapter 4 of the Code of the Village of Piermont, and/or may request an advisory opinion from the Architectural Review Commission in accordance with said Chapter 4.
[Amended 10-20-2020 by L.L. No. 7-2020]
A.
The Planning
Board or the Board of Trustees may request a review and advisory opinions
on site development plans under review by:
(1)
The
Village Engineer (whose fees charged to the reviewing board shall
be reimbursed to the Village by the applicant);
(2)
The
Village Building Inspector;
(3)
The
Village Department of Public Works/Highway Department;
(4)
The
Village Fire Inspector;
(5)
The
Chief of the Piermont Fire Department; and/or
(6)
The
Piermont Waterfront Resiliency Commission [for properties located
within areas designated by FEMA as either "special flood hazard areas"
(all zones), or "coastal high hazard areas" (all zones)].
B.
Written
advisory opinions prepared under this section shall be submitted to
the reviewing board within 30 days of the request.
