[HISTORY: Adopted by the Board of Trustees
of the Village of Phoenix 10-1-1996 by L.L. No. 7-1996 (Ch. 42 of the 1993
Code). Amendments noted where applicable.]
[1]
Editor’s Note: Local Law No. 3-2012, adopted 6-5-2012, provided that this chapter be amended to provide for reservation of special permit and site plan review jurisdiction under § 205-24.1 only in the Village Board, removal of any such authority from the Planning Board and Zoning Board of Appeals, and, however, requiring review and advisory recommendation by the Planning Board in relation to the site plan component thereof. See § 205-24.1B(3).
Pursuant to the provisions of § 7-725-a
of the Village Law of the State of New York, the Planning Board of
the Village of Phoenix shall have the full authority as provided therein
to review and approve, approve with modifications or disapprove site
plans prepared to specifications to be determined by the Planning
Board showing the arrangement, layout and design of the proposed use
of the land shown on such plan.
A.
The land uses that require site plan approval are designated in Table A, Schedule of Uses, of Chapter 205, Zoning, and the elements to be included on plans submitted for approval are:
[Amended 2-16-1999 by L.L. No. 1-1999]
(1)
The proposed site plan name or identifying title and
the tract in which the site is located.
(2)
The name and address, personally signed, of the record
owner, developer and designer of the preliminary layout.
(3)
A deed description and map of survey of the tract
boundary, made and certified by a licensed surveyor, to be a closed
and balanced traverse, and the location of property lines, existing
easements, buildings, watercourses and other essential features.
(4)
The names of owners of record for adjacent acreage.
(5)
Sanitary sewers, to be detailed as follows:
(a)
Plan and profile of all sewers showing all special
features, such as inverted siphons, extra-strength pipe, sewer bridges,
stream crossings, etc.
(b)
Figures showing the manhole stationing, size
of sewers and surface and sewer invert elevations at manholes, and
the grade of all sewers between two adjacent manholes must be shown
on the profiles. Where there is any question of the sewer being sufficiently
deep to serve any residence, the elevations and location of the basement
floor shall be plotted on the profile of the sewer which is to serve
the house in question. The subdivider's engineers shall certify that
all sewers are sufficiently deep to serve adjacent basements, except
where otherwise noted on the plans.
(c)
Details of all ordinary sewer appurtenances,
such as manholes, drop manholes, inspection chambers and inverted
siphons, as well as of any special appurtenances or structures, such
as regulators, tide gates, sewer bridges, pumping stations, etc.
(d)
Detailed plans of all sewer sections, except
standard pipe, clearly shown as such, must accompany the plans. Details
of cradling and encasement must also be shown.
(e)
A summary of design data for all sewers and
for pumping stations or any similar facilities must accompany the
plans.
(6)
Storm drainage and sewers, to be detailed as follows:
(a)
All details required for sanitary sewers shall
be required for the collection and disposal of surface drainage.
(b)
Details of catch basins, open channels, culverts,
conduits, ditches and headwalls.
(c)
Design and construction details for the ultimate
disposal of stormwaters.
(d)
Design and construction details for any method
of lowering the groundwater table with a drainage system.
(e)
A summary of design data for all storm drainage
must accompany the plans.
(f)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 164 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in §§ 164-7 through 164-10. The approved site plan shall be consistent with the provisions of Chapter 164.
[Added 4-17-2007 by L.L. No. 1-2007]
(7)
Location, names and widths of present and proposed
streets, highways, easements, building lines, alleys, parks and other
public open spaces.
(8)
The grades and street profiles of all proposed streets
or other public ways.
(9)
Typical cross sections of the proposed grading of
the roadways and sidewalks and of the topographic conditions and additional
cross sections at points where cut or fill exceeds three feet or multiples
of three feet.
(10)
Zoning regulations for the area with zoning
district boundaries affecting the area and all parcels of land proposed
to be dedicated to public use and the conditions of such dedication.
(11)
Date, scale and true North point.
(12)
All proposed lot lines with approximate dimensions
and all building setback lines.
(13)
The proposed location of and type of sidewalks
and the location and species of street trees; the location, size and
types of curbs, gutters and water mains and lines; the character,
width and depth of pavement and subbase; and the location and details
of street signs.
(14)
All necessary easements to service public areas.
(15)
Waterworks system(s) showing water main location,
sizes, appurtenances, fire services, hydrants, meters, etc.
B.
When and if the development covers only a portion
of the developer's entire holding, a sketch of the prospective future
street system of the entire area shall accompany the preliminary layout.
In addition, the sketch shall show all prospective sewer and drainage
facilities with sizes, slope, location and area served.
C.
All preliminary plans must be submitted at one of
the following sizes or multiples of these sizes: 22 by 34 inches or
34 by 44 inches, and a suitable border line shall be placed on all
drawings with a margin of not less than 1/2 inch on all sides.
D.
The final plan shall also show, by proper designation
thereon, all public open spaces for which deeds of dedication are
included. All offers of dedication shall bear the certificate of approval
of the Village Attorney as to their legal sufficiency.
E.
Permanent reference monuments shall be shown thus:
"X." All lot corner markers shall be shown thus: "O."
F.
As-built drawings, certified by the developer's engineer,
shall be submitted showing plans, profiles and ground ties to sanitary
sewers, storm drainage facilities, manholes, house lateral stubs and
all other underground facilities constructed by the contractor.
The Village of Phoenix Board of Trustees may,
for good cause shown, waive any requirements for the approval, approval
with modifications or disapproval of site plans submitted for approval
so long as any such requirements are found to be not requisite in
the interest of the public health, safety or general welfare or inappropriate
to a particular site plan.
The Planning Board shall require, as a condition
of any approval, an irrevocable letter of credit from a bank located
and authorized to do business in New York State, a performance guaranty
or bond, a maintenance guaranty and/or liability insurance in such
amounts and terms as are necessary to protect the village.
A.
The Village of Phoenix Board of Trustees shall set,
and may from time to time amend, an application fee to be paid with
the filing of each application for site plan approval.
B.
The Village of Phoenix Board of Trustees shall set,
and may from time to time amend, a minimum deposit to be paid with
each such application for the payment of professional fees, costs
and related expenses for engineers, attorneys and other consultants
or experts retained by the village in conjunction with the review
of applications, review of related submissions and the inspection
of infrastructure construction and improvements therein and other
consulting services rendered to the Planning Board or the Village
Board of Trustees in connection with the review and follow-up inspection
processes.
C.
The Board of Trustees may at any time after receipt of an application, including at its initial review of said application, determine that the deposit paid to date is insufficient to cover the anticipated professional fees, costs and related expenses referred to in Subsection B above and thereafter may require an additional deposit, which additional deposit shall be paid by the applicant within the time set by the Planning Board.
D.
In the event that any deposits for said professional
fees, costs and related expenses are not expended upon the completion
of the review and inspection process, the balance of said deposit
shall be refunded to the applicant.
E.
The failure to make any deposit payment when due shall
be grounds for denying the application.
F.
For good cause shown, the Board of Trustees may waive
or modify the required payment of deposits for said professional fees,
costs and related expenses.
[Added 12-2-2008 by L.L. No. 5-2008]
The Board of Trustees shall establish, by resolution,
the means of calculating the sum of money to paid by the person seeking
site plan approval in lieu of reserving parks or parklands in accordance
with the provisions of New York State Village Law § 7-725-a,
Subdivision 6, including any amendments thereto.
