[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.