[Added 3-26-2001 by L.L. No. 2-2001[1]]
[1]
Editor's Note: This local law replaced former Article
XVI, Repealer; When Effective, which had provided an effective date
of 4-1-1972 for the Zoning Ordinance.
Prior to the issuance of a permit, the Zoning Enforcement Officer
shall require site plan approval by the Planning Board pursuant to
this article. The Zoning Enforcement Officer shall notify an applicant
and the Secretary of the Village Planning Board when site plan approval
is required in accordance with the provisions of this article.
A.
An application for detailed site plan approval shall be made in writing
and shall be accompanied by a detailed site plan and report prepared
by a licensed land surveyor and/or professional engineer along with
required site plan fees.
B.
The application, including the detailed site plan and fees, shall
be submitted to the Secretary of the Planning Board a minimum of 21
consecutive days before the scheduled Planning Board meeting at which
the detailed site plan is to be reviewed.
C.
Said detailed site plan application packet shall contain all information
as designated on the following checklist. If the applicant and Planning
Board discussed the project at a sketch plan conference (S.P.C.),
the required information shall be drawn from the following checklist
together with other elements as determined necessary by the Planning
Board at said S.P.C. All plans and specifications shall be drawn to
a scale of one inch equals 50 feet unless otherwise required by the
Planning Board at the S.P.C.
(1)
Title of drawing, including name and address of applicant and person
responsible for preparation of such drawing.
(2)
North arrow, graphic and numeric scale and date (initial plan date
and provisions for plan revision dates).
(3)
Metes and bounds dimensions of the property prepared by a New York
State licensed land surveyor.
(4)
All existing and proposed structures, features and land use activities.
(5)
Parcels immediately adjacent to the subject parcel, prepared by a
New York State licensed land surveyor, and, for each parcel, the owner's
name and address with current deed date and recording data.
(6)
Existing watercourses, flood hazard areas, flood insurance zones,
and New York State designated and Army Corps of Engineers wetland
areas, prepared by a licensed land surveyor.
(7)
Grading and drainage plan, showing existing and proposed contours
at a maximum of two-foot contour interval (USGS-NGVD datum for contour
information on the detailed site plan shall be taken from existing
USGS-NGVD vertical control monuments with their bench mark reference
designated on the site plan.) Planimetric and topographic information
shall extend a minimum of 50 feet beyond the property boundary.
(8)
Comparison of proposed project's NGVD elevations with elevations
designed on the public sanitary system. Results thereof shall appear
on the detailed site plan. (This applies only when a proposed site
plan project is within 2,000 feet of an existing public sanitary sewer
collection or treatment facility.)
(9)
Exterior dimensions of all existing and proposed structures, with
distances between all structures and distances between all structures
and property lines properly dimensioned.
(10)
Type of construction materials and exterior color(s), height
(eave and peak) and other exterior features for all existing and proposed
structures, properly dimensioned.
(11)
Elevations of all views for all existing and proposed structures.
(12)
Location, design and type of construction of all existing and
proposed parking, truck loading areas, vehicular access and egress,
with profile elevations and cross-section details provided at fifty-foot
intervals.
(13)
Existing and proposed provision for pedestrian access and movement.
(14)
Existing and proposed pedestrian and vehicular links to adjacent
lots and public rights-of-way.
(15)
Location of existing and proposed outdoor storage, if any, properly
dimensioned.
(16)
Location, design, construction materials and written specifications
of all existing and proposed site improvements including drains, culverts,
retaining walls and fences.
(17)
Method of sewage disposal, with location, design, construction
materials and written specifications of such facilities, properly
dimensioned, with profiles, elevations and cross-section details provided
at fifty-foot intervals.
(18)
Method of securing water, with location, design, construction
materials and written specifications of such facilities, properly
dimensioned with profiles, elevations and cross-section details provided
at fifty-foot intervals.
(19)
Location of existing and proposed fire and other emergency zones,
including the location of fire hydrants with fire flow test results
not more than 24 months old.
(20)
Location, design, construction materials and written specifications
of all energy distribution facilities, including electrical, gas and
solar energy, properly dimensioned.
(21)
Location, size, design and type of construction of all existing
and proposed signs;
(22)
Location of existing and proposed buffer areas, including existing
and proposed vegetative cover.
(23)
Location, design and written specifications of all existing
and proposed outdoor lighting facilities.
(24)
Identification of each land use activity and the numerical amount
of building area for all existing and proposed structures and land
use activities within the project.
(25)
Location, design and written specifications of all materials
to be used in the landscaping plan and planting schedule for the proposed
project.
(26)
Information for landscaping and planting schedule previously
approved for the site relative to approved planting and planting existing
at the time of the new detailed site plan approval.
(27)
An estimated project site plan improvement construction cost
sheet (excluding building cost).
(28)
Project schedule for all site plan improvements and proposed
buildings or structures.
(29)
Identification of all federal, state, county or other local
permits required for the project's execution.
(30)
Record of all other applications and approval status of all
necessary permits from federal, state, county and local officials.
(31)
A stormwater management report, prepared by a licensed engineer,
providing, at a minimum, the following information:
(a)
Narrative of proposed stormwater management system and basis
of design.
(b)
Basis of closed stormwater conveyance systems to be a ten-year-storm
event; provide computations for flow, size and scope of each pipe
section.
(c)
Predevelopment and post-development runoff generation. Detention
facilities shall be based upon a twenty-five-year post-development
runoff with peak discharge limited to the predevelopment runoff from
a ten-year-storm event at the discharge point.
(32)
The applicable fee as established from time to time by the Village
Board.
(33)
Information to demonstrate that the length and width of drive-through
lanes, both before and after the drive-through window or other feature
is sufficient to provide enough stacking need for the vehicles entering
and exiting the facility, along with adequate bypass lanes.
(34)
Other elements integral to the proposed site plan development
as considered necessary by the Planning Board.
The Planning Board's review of the detailed site plan shall
include, but not be limited to, the following general considerations:
A.
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
B.
Adequacy and arrangement of vehicular traffic access, circulation
and safety therein, including intersections, pavement widths, pavement
surfaces, dividers, traffic control devices and links to adjoining
lots and access rights-of-way.
C.
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
D.
Adequacy and arrangement of pedestrian traffic access and circulation,
including connections to adjacent lots and public rights-of-way, walkway
structures, control of intersections with vehicular traffic and overall
pedestrian convenience.
E.
Adequacy of proposed stormwater detention/retention basins, and engineering
hydraulic report, and other proposed drainage facilities, including
impact upon adjoining properties and downstream structures.
F.
Adequacy of existing and proposed water supply and sewage disposal
facilities.
G.
Adequacy, type and arrangement of existing and proposed trees, shrubs
and other planting and landscaping plans constituting a visual and/or
noise buffer between the applicant's project and adjoining lands,
including the maximum retention of existing vegetation.
H.
Adequacy, type and arrangement of existing and proposed trees, shrubs
and other landscaping constituting a visually aesthetic project.
I.
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
J.
Adequacy and impact of structures, roadways and landscaping in areas
with susceptibility to ponding, flooding and/or erosion.
K.
Adequacy of lighting, including the functionality, efficiency, aesthetic
appearance and impact on adjacent properties, pedestrian and vehicular
travelways and the skies.
Proposed projects are actions subject to the provisions of SEQRA.
Prior to rendering its decision, the Planning Board shall follow all
applicable procedures in accordance with Article 8 of the Environmental
Conservation Law and Part 617 NYCRR.
Within 62 days of the receipt of a complete site plan application
for site plan approval, the Planning Board shall grant preliminary
approval, preliminary approval with modifications, preliminary approval
with conditions, or disapproval of the site plan. The Planning Board
shall file said decision with the Village Clerk and mail such decision
to the applicant with a copy to the Zoning Enforcement Officer. The
time within which a decision must be rendered may be extended by mutual
consent of the applicant and Planning Board.
A.
Upon the Planning Board's review of the detailed site plan application
and related material and the adoption of a Planning Board resolution
granting the preliminary approval, preliminary approval with modifications,
or preliminary approval with conditions of the detailed preliminary
site plan, and upon the applicant meeting all the conditions of the
Planning Board as stated in the Planning Board's resolution granting
the preliminary approval, if any, and the payment by the applicant
of all fees and reimbursable costs due to the Village, the Planning
Board Chair shall endorse the Planning Board's preliminary approval
on a copy of what is hereinafter referred to as the "approved detailed
preliminary site plan" (ADPSP) and shall forward a copy of the Planning
Board's resolution with supporting materials and the ADPSP executed
by the Planning Board Chair to the applicant. The Planning Board shall
forward a copy of the Planning Board's resolution granting approval
of the detailed preliminary site plan to the Zoning Enforcement Officer
and file same with the Village Clerk. Upon the applicant's and
Zoning Enforcement Officer's receipt of the ADPSP and Planning
Board's resolution, the Zoning Enforcement Officer shall process
a permit for the proposed buildings, structures, utilities and other
site-plan-related improvements as shown on the ADPSP on file with
the Village. The applicant shall construct all site plan improvements
in accordance with and as shown on the ADPSP.
B.
Upon disapproval of a detailed site plan application, the Planning
Board shall so inform the Zoning Enforcement Officer, and the Zoning
Enforcement Officer shall deny a permit to the applicant. The Planning
Board shall also notify the applicant, in writing, of its decision
and its reasons for disapproval. Such disapproval shall be filed with
the Village Clerk.
Costs incurred by the Planning Board for consultation fees,
staff review costs or other expenses in connection with the review
of a detailed site plan application shall be charged to the applicant.
The Zoning Enforcement Officer shall be responsible for the
general inspection of the ADPSP improvements, including coordination
with the Planning Board and other officials and agencies, as appropriate.
The applicant shall submit as-built plans, prepared and certified
to by a licensed land surveyor or professional engineer, to the Zoning
Enforcement Officer. Said as-built plans shall show to scale all improvement(s)
as they were built, as compared to the way they were submitted and
approved on the detailed site plan. As-built plans shall be reviewed
by the Village and, when necessary, revised by the licensed land surveyor
or professional engineer, to show "as-built data" and then be resubmitted
for review. The as-built plan submittal process shall be repeated
until all ADPSP improvements are shown thereon and the information
is in compliance with the ADPSP. If the as-built site plan data does
not comply with the ADPSP conditions, the applicant shall correct
the condition and cause a new as-built plan to be submitted for review.
All costs associated with the preparation and submittal of the as-built
plans or any reconstruction of the site plan improvements to comply
with the ADPSP shall be the responsibility of the applicant.
No certificate of occupancy for any portion of the proposed
project shall be issued until all improvements shown on the site plan
are installed and found to be in compliance with the ADPSP by the
Zoning Enforcement Officer, with the final as-built plans, or a sufficient
performance guaranty has been posted for site plan improvements not
yet completed. The sufficiency of such performance guaranty shall
be determined by the Village Board after consultation with the Planning
Board, Zoning Enforcement Officer, Village Attorney and other appropriate
parties.
A.
A temporary certificate of occupancy may be issued by the Zoning
Enforcement Officer for up to 80% of the building area or complex
of structure area within the ADPSP, provided that the following items
are provided by the applicant and accepted by a resolution of the
Village Planning Board:
(1)
All building improvements for the area to be occupied have been completed,
inspected and found to meet the minimum life safety requirements of
the New York State Uniform Fire Prevention and Building Code by the
Zoning Enforcement Officer.
(2)
As-built plans, as required above, have been prepared and submitted
and show all site plan improvement data for site plan improvements
completed to date.
(3)
A list of uncompleted but required site plan improvements shown on
the ADPSP, together with a cost estimate representing the costs associated
with the work necessary to complete all required site plan improvements
as shown on the ADPSP.
(4)
A performance guaranty, in an amount equal to 150% of the cost estimate submitted in Subsection A(3) above, in the form of cash, bank check or irrevocable letter of credit from a local bank or such other form acceptable to the Village Attorney in an amount acceptable to the Village Planning Board, for all uncompleted site plan improvements, including the as-built site plan preparation and submittal process.
(5)
A site plan certificate of occupancy agreement prepared by the Village
Attorney, signed by the applicant, and reviewed and approved by a
resolution of the Village Board.
B.
A temporary certificate of occupancy shall not be issued by the Zoning
Enforcement Officer until he/she has received a signed copy of the
site plan certificate of occupancy agreement.
Whenever the particular circumstances of proposed development
require compliance with other requirements of the Village, the Planning
Board shall attempt to integrate, as appropriate, site plan review
as required by this article with the procedural and submission requirements
for such other compliance.
Any person aggrieved by a decision of the Planning Board may
apply to the Supreme Court for a review by a proceeding under Article
78 of the Civil Practice Law and Rules. Such proceedings shall be
instituted within 30 days after the filing of a decision by such Board
in the office of the Village Clerk.
