The purpose of site development plan review
is to determine that all land uses and new construction of buildings,
structures and facilities and expansion of existing buildings, structures
and facilities is in compliance with this article in those zoning
districts where inappropriate development may cause a conflict between
uses in otherwise unsuitable conditions and thereby adversely affect
the public health, safety, comfort, convenience and general welfare.
All new construction of buildings, structures
and facilities and all expansion of any existing buildings, structures
and facilities for the following land uses shall be subject to site
development plan review by the Village Planning Board:
A.
All new residential and accessory structures containing
three or more housing units.
B.
All business uses permitted in a B-2 General Business
District and a B-3 Highway Business District.
C.
All uses permitted in an I-1 Light Industrial District
and in an I Industrial District.
D.
All uses permitted in an L-C Land Conservation District.
E.
All uses proposed in a P-D Planned Development District.
F.
All conditional uses permitted in any of the above
districts.
G.
All use variances not already included above.
A.
An applicant seeking a zoning permit for a use requiring
site plan review by the Planning Board shall be so advised by the
Code Enforcement Officer. The applicant's next step will be to schedule
a presubmission conference with the Planning Board prior to the preparation
and submission of a formal site plan. The purpose of this conference
is to give both the Planning Board and the applicant an opportunity
to gain a better perspective on the ramifications of the proposal.
It should facilitate the formal site plan review process to follow.
B.
At this conference, the applicant shall provide the
Planning Board with basic data regarding the proposal. At a minimum,
this shall include a sufficiently large 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.
This information will form the basis with which the Board can advise
the applicant on the next steps required to gain final site plan approval
and of the necessary data that will have to be provided with the application.
A.
The applicant shall file an application for site development
plan review with the Village Clerk no later than six months following
the presubmission conference. A form is available at the village office
for this purpose. The Planning Board may require a second presubmission
conference if the application is not filed within this time frame.
B.
When filed, the application shall be accompanied by
information about the proposal, including legal data, impact on the
environs, natural features, existing development and infrastructure
and the site development proposal. The detailed specifics of this
required information are contained in a separate document entitled
"Site Development Plan Regulations," made a part of this chapter by
reference.[1]
[1]
Editor's Note: The Site Development Plan Regulations
are on file in the office of the Village Clerk.
C.
The application must also be certified by the Code
Enforcement Officer that the proposal meets all requirements of this
chapter.
Following official receipt and review of the
site plan by the Planning Board, the Board shall refer the application
to the Livingston County Planning Board, when applicable, for its
review and recommendations, in accordance with the requirements of
§§ 239-l and 239-m of the General Municipal Law, prior
to final action.
[Amended 6-6-2023 by L.L. No. 3-2023]
The Planning Board may exercise its discretion
to hold a public hearing on a site development plan when, in its judgment,
the characteristics of the proposal, such as size, complexity, potential
impact on the surrounding area, traffic generation, environmental
considerations, etc., warrant hearing. If a hearing is held, notice
of such hearing must be published in the official newspaper at least
five days in advance. Said hearing must be held within 62 days of
receipt of the application.
A.
The Planning Board must take final action on site
development plan proposals within 62 days following submission of
applications for final approval. However, if a public hearing is held,
a decision must be rendered within 62 days following the hearing.
B.
The Board must approve, approve with modifications
or disapprove the proposal within the specified time. The Board's
decision must be filed with the Village Clerk immediately and a copy
mailed to the applicant. If the Board fails to act within the prescribed
time or where any person is aggrieved by the Board's decision, the
aggrieved party may apply to the State Supreme Court for review under
Article 78 of the Civil Practice Law and Rules.
A.
Site plan improvements, such as roadways, water, sewer
and drainage facilities, landscaping, etc., required to be made by
the applicant as part of the approved final plan shall conform to
the standards contained in the document entitled "Design Criteria
and Construction Specifications for Land Development, Town and Village
of Caledonia, Livingston County, New York."[1] This document contains provisions whereby the Village
Board may require the developer to guarantee completion of such public
improvements through the posting of a letter of credit or similar
means of assurance and, being duly adopted by the Village of Caledonia,
is hereby made a part of this chapter by reference.
[1]
Editor's Note: The Design Criteria and Construction
Specifications for Land Development are on file in the office of the
Village Clerk.
B.
No certificate of zoning compliance shall be issued
by the Code Enforcement Officer until all improvements shown on the
site plan have been installed or a sufficient letter of credit has
been posted.
C.
The Code Enforcement Officer shall be responsible
for the overall inspection of site improvements, including coordination
with the Planning Board, the engineering consultant and other appropriate
concerned parties.
An engineering review and inspection fee shall
be paid by any applicant or his agent whenever the services of an
engineer are required to assist the Planning Board and the Code Enforcement
Officer in the review of submitted site development plans and/or inspection
of the construction of site improvements in conformance with approved
plans and specifications. The payment of said fee shall be a prerequisite
to the issuance of a letter from the Planning Board stating that all
construction work has been satisfactorily completed as per approved
plans or a sufficient letter of credit has been posted and the issuance
of a certificate of zoning compliance by the Code Enforcement Officer,
in that order.
Site plan approval shall automatically terminate
one year after the same is granted unless a zoning permit has been
issued and there is physical evidence to demonstrate that the project
is in progress.
