[HISTORY: Adopted by the Board of Trustees of the Village
of Ravena 4-5-2011 by L.L. No. 1-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted
as Ch. 21 but was renumbered to preserve the alphabetical organization
of the Code.
This chapter shall be known as the "Site Plan Review Law of
the Village of Ravena" and may be referred to in the short form as
"SPR."
The Board of Trustees of the Village of Ravena, Albany County,
New York, does hereby ordain and enact the Village of Ravena Site
Plan Review Law pursuant to the authority and provisions of § 10
of the Municipal Home Rule Law and Chapter 21 of the Village Law.
A.
This chapter shall be known as the "Village of Ravena Site Plan Review
Law."
B.
The Village of Ravena is hereinafter referred to as the "Village."
The Village of Ravena Zoning Board of Appeals/Planning Board is hereinafter
referred to as the "Zoning Board of Appeals/Planning Board." The Village
of Ravena Code Enforcement Officer is hereinafter referred to as the
"Code Enforcement Officer."
[Amended 4-21-2015 by L.L. No. 3-2015]
A.
Through site plan review, it is the intent of this chapter to promote
the health, safety and general welfare of the Village. A clean, wholesome,
attractive environment is declared to be important to the health and
safety of the inhabitants of the Village, and in addition, such an
environment is deemed essential to the maintenance and continued development
of the economy of the Village and the general welfare of its inhabitants.
B.
It is the further intent of this chapter to ensure that new development
does not create an excessive burden on the existing infrastructure
or public facilities and services.
C.
It is further the intent of this chapter to ensure optimal overall
conservation, protection, preservation, development and use of the
natural and built resources of the Village by regulating land use
activity within the Village through review and approval of site plans.
It is the intent of this chapter to allow land use activities which
will meet the standards set forth in the Village Zoning Code.
[Amended 4-21-2015 by L.L. No. 3-2015]
A.
The Zoning Board of Appeals/Planning Board is hereby authorized to
review and approve, approve with conditions or disapprove site plans
for land uses within the Village as hereinafter designated pursuant
to and in accordance with the standards and procedures set forth in
this chapter.
B.
The Zoning Board of Appeals/Planning Board is hereby authorized to
impose such reasonable conditions and restrictions as are directly
related to and incidental to a proposed site plan. Such conditions
must be met in connection with the issuance of permits by the Code
Enforcement Officer.
C.
No building permit shall be issued for uses or structures requiring
site plan review unless said permit is conditioned upon conformity
with the final site plan as approved by the Zoning Board of Appeals/Planning
Board.
Relocation or change in use of any commercial building or structure.
All new land use activities within the Village (including the addition
of drive-through facilities to existing buildings) shall require site
plan review and approval before being undertaken, except the following:
A.
Construction of one-family dwellings and ordinary accessory structures
and related land use activities. This exemption does not apply to
a residential condominium, townhouse, or apartment housing cooperative,
or conversion of existing uses to use as a residential condominium,
townhouse, or apartment housing cooperative, all of which shall be
subject to site plan review.
B.
Landscaping or grading which is not intended to be used in connection
with a land use variable under the provisions of this chapter.
C.
Ordinary repair, maintenance or interior alterations to existing
structures or uses.
D.
Nonstructural agriculture and gardening uses.
E.
The sale of agriculture produce and temporary structures related
to the sale of agriculture produce.
[Amended 4-21-2015 by L.L. No. 3-2015]
A.
The Zoning Board of Appeals/Planning Board shall hold a conceptual review conference with each applicant. The intent of such a conference is to enable the applicant to explain the proposal prior to preparation of a detailed site plan and for the Zoning Board of Appeals/Planning Board to review the basic site design concept, advise the applicant in writing within five business days as to potential problems and concerns, to determine whether the activity is subject to the performance standards of § 119-32 and generally to determine the information to be required on the site plan. At minimum, the following materials shall be submitted for conceptual review:
(1)
An area map showing the parcel under consideration for site plan
review and all parcels, structures, subdivisions, streets, driveways,
easements and permanent open space within 200 feet of the boundaries
thereof or at the discretion of the Code Enforcement Officer.
(2)
Anticipated changes to the existing topography and natural features.
(3)
General identification of all existing natural features and utilities
on the site and in the area.
(4)
The location of all existing and proposed structures on the site
and designated uses for each.
(5)
Identification of existing zoning classification(s) of the property
and all adjacent properties and any restrictions on land use of the
site.
B.
The Zoning Board of Appeals/Planning Board shall hold a conceptual
review conference within 10 business days of receipt of conceptual
review materials from the Code Enforcement Officer.
C.
If possible, the need for professional consultants to assist the
Zoning Board of Appeals/Planning Board in its review will be determined
during conceptual review. At this time, the Zoning Board of Appeals/Planning
Board may apply to the Board of Trustees for funding for professional
consultation.
[Amended 4-21-2015 by L.L. No. 3-2015]
The Zoning Board of Appeals/Planning Board, and any such persons
as it may designate, may conduct such examinations, tests and other
inspections of the site which is the subject of such application,
as the Zoning Board of Appeals/Planning Board deems necessary and
appropriate.
[Amended 4-21-2015 by L.L. No. 3-2015]
Any person uncertain of the applicability of this chapter to a given land use activity shall apply in writing to the Code Enforcement Officer for a written jurisdictional interpretation. All appeals of interpretation may be made to the Zoning Board of Appeals/Planning Board, as per § 119-44 of the Code of the Village of Ravena.
This chapter does not apply to uses and structures which are
lawfully in existence as of the date this chapter becomes effective.
Any use which would otherwise be subject to this chapter that has
been discontinued for a period of one year or more shall be subject
to review pursuant to the terms of this chapter before such use is
resumed. Any use or structure shall be considered to be in existence
provided the same has a valid building permit as of the effective
date of this chapter.
[Amended 4-21-2015 by L.L. No. 3-2015]
This chapter is not intended to in any way affect the provisions
or requirements of any other federal, state or local law or regulation.
Where another law or regulation governs the same issues and/or procedures
as this chapter, the more restrictive shall apply and be followed
by the Zoning Board of Appeals/Planning Board in its review and determination
of a site plan review application. Unless otherwise provided, the
State Environmental Quality Review Act (SEQRA) shall apply to all
projects reviewable under this chapter.
[Amended 4-21-2015 by L.L. No. 3-2015]
Prior to undertaking any new land use activity, except for those uses specifically excepted in § 96-6 of this chapter, a site plan review by the Zoning Board of Appeals/Planning Board is required. Applicants for site plan review shall follow the procedures as hereinafter set forth. Applicants must comply with all other procedures and requirements of this chapter. If a proposed land use activity requires site plan review, approval must be obtained prior to the issuance of a building permit by the Code Enforcement Officer.
The Village Board of Trustees shall establish and from time
to time amend by resolution, as necessary, a fee for site plan review
applications. Said fee shall be available with the Village Clerk.
[Amended 4-21-2015 by L.L. No. 3-2015]
Costs incurred by the Zoning Board of Appeals/Planning Board
for consultation fees or other extraordinary expenses in connection
with the review of a proposed site plan shall be charged to the applicant.
Estimated review fees as established by the Zoning Board of Appeals/Planning
Board shall be deposited into an escrow account when making application
for preliminary site plan approval. Estimated inspection fees shall
be deposited into an escrow account prior to Zoning Board of Appeals/Planning
Board endorsement of final site plan approval.
A.
An application for site plan approval shall be made in writing to
the Code Enforcement Officer and shall be accompanied information
drawn from the following checklist, as determined necessary by the
Code Enforcement Officer at the conceptual review conference. All
site plan information and building designs shall be prepared by a
licensed architect or engineer:
(1)
Application with the name and address of the property owner, applicant
and agent, the existing zoning district and description of the type
and extent of the proposed use;
(2)
Six copies of a site plan map drawn to scale in ink on a minimum
sheet size of 8 1/2 inches by 11 inches and at a minimum scale
of one inch equals 20 feet, showing the following:
(a)
Title of drawing, including name, site address, tax map number,
owner name and address and person responsible for preparation of such
drawing;
(b)
North arrow, scale (including bar scale) and date;
(c)
Boundaries of the property plotted to scale, including zoning
district boundaries;
(d)
Location and size of existing and proposed buildings;
(e)
Topographic data based on the United States Geological Survey
or equivalent with contour intervals suitable to the terrain;
(f)
Grading and drainage plan, showing existing and proposed contours,
rock outcrops, depth to bedrock, soil characteristics and watercourses
as per available Soil Conservation Service data. The drainage plan
shall also clearly explain the methodology used to project stormwater
quantities and the resultant peak and flow conditions;
(g)
Location, dimension and purpose of any existing or proposed
easement within 200 feet or at the discretion of the Board;
(h)
Locations, design, type of construction and exterior construction
materials;
(i)
Proposed use and exterior dimensions of all proposed buildings
and outdoor storage and sales areas;
(j)
Location and screening of trash and recycling receptacles;
(k)
Street and driveway layout, including right-of-way and improved
surface widths within 200 feet or at the discretion of the Board;
(m)
Provisions for pedestrian access to site, to buildings and to
parking areas;
(n)
Location, design and construction materials of all existing
and proposed site improvements, including drains, culverts, stormwater
retention or detention structures, retaining walls and fences;
(o)
Location of fire and other emergency zones, including the location
of fire hydrants;
(p)
Location, design and construction materials of all utilities,
energy and communications distribution facilities, including electrical,
gas, solar, and wind energy, telephone, cable, water and sewer;
(q)
Location, size, design and type of construction of all proposed
signs;
(r)
Location and proposed development of all buffer areas (including those required under § 119-31 of the Code of the Village of Ravena, including existing or proposed vegetative cover, screening or fencing; and
(s)
Location, light cast area illuminated and design of outdoor
lighting facilities, including proposed hours of illumination;
(t)
Location, dimension, and vehicle capacity of drive-in facilities
and related queuing lines;
(u)
Building elevation(s) showing building massing, window and door
spacing and treatments and other architectural features; and indication
of building;
(v)
Identification of permanent open space or other amenities provided
in conjunction with cluster or incentive zoning provisions;
(3)
Estimated project construction schedule;
(4)
Record of application for and status of all necessary permits from
other governmental agencies;
(5)
Estimated number of occupants or clientele at any one time;
(6)
Other elements integral to the proposed development as may be considered
necessary in the particular case by the Zoning Board of Appeals/Planning
Board, including elements required by the State Environmental Quality
Review (SEQRA) Law;
[Amended 4-21-2015 by L.L. No. 3-2015]
(7)
Any proposed or required performance guaranty;
(8)
For all developments disturbing more than one acre, the New York
State Department of Environmental Conservation (NYSDEC) requires that
municipalities receive a copy of the stormwater pollution prevention
plan (SWPPP) prior to plan approval. The owner is required to comply
with the NYSDEC's SPEDES General Permit for Stormwater Discharge
from Construction Activity, Permit # G-P-02-01;
(9)
Location, proposed use and hours of operation;
(10)
A landscaping plan and planting schedule; and
(11)
The application submitted to the Zoning Board of Appeals/Planning
Board shall be accompanied by a receipt stating that payment has been
made in full to the Village Clerk.
[Amended 4-21-2015 by L.L. No. 3-2015]
[Amended 4-21-2015 by L.L. No. 3-2015]
Upon review of a written request by the applicant, the Zoning
Board of Appeals/Planning Board shall have the authority to waive
any or all of the above informational requirements. Said waiver may
be granted upon a finding by the Zoning Board of Appeals/Planning
Board that the site plan review requirement is not requisite to the
interest of the public health, safety and general welfare or is otherwise
unnecessary to a particular site plan. The Zoning Board of Appeals/Planning
Board shall state the basis for said waiver in writing as part of
the public record.
[Amended 4-21-2015 by L.L. No. 3-2015]
A.
In the review of the applications under this chapter, the Zoning
Board of Appeals/Planning Board shall take into consideration the
public health, safety and welfare, and the benefits to the community
of good planning and may prescribe appropriate conditions and safeguards
to further the expressed intent of this chapter.
B.
The Zoning Board of Appeals/Planning Board shall, in making its decisions,
specifically consider the following and make written findings:
(1)
Safety and arrangement of vehicular access and circulation, including
intersections, road widths, pavement surfaces, dividers and traffic
controls.
(2)
Safety and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(3)
Location, arrangement, size and design and general compatibility
of buildings, lighting and signs to the site and adjacent and neighboring
properties.
(4)
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(5)
Stormwater and drainage facilities, adequacy of stormwater calculation
methodology and stormwater and drainage facilities to eliminate off-site
runoff and maintain water quality.
(6)
Solar access: no aspect of the development shall unreasonably block
other properties' access to sunlight or air circulation.
(7)
Water supply and sewage disposal systems.
(8)
Type and arrangement of trees, shrubs and other landscaping, constituting
a visual and/or noise buffer between the applicant's land and
adjoining lands, including the maximum feasible retention of existing
vegetation.
(9)
Protection of adjacent or neighboring properties against noise, glare,
unsightliness or noxious conditions.
(10)
Availability of usable open space for play areas and informal
recreation.
(11)
Location of fire lanes and other emergency zones and the provision
of fire hydrants, where feasible.
(12)
Special attention to structures, roadways and landscaping in
areas susceptible to ponding, flooding and/or erosion.
(13)
Adequacy of community services, including fire, ambulance and
police protection, and on-site provisions for emergency services,
including fire lanes and other emergency zones, fire hydrants and
water pressure.
(14)
Adequacy and unobtrusiveness of public utility distribution
facilities, including those for gas, electricity, cable television
and phone service. In general, all such utility distribution facilities
shall be required to be located underground.
(15)
Making provision for, so far as conditions may permit, the accommodation
of solar and wind energy systems and equipment and access to sunlight
or wind necessary therefor.
(16)
Suitability of proposed hours of operation.
[Amended 4-21-2015 by L.L. No. 3-2015]
A.
Whenever the circumstances of the proposed development require referral
to the County Zoning Board of Appeals/Planning Board under § 239-m
of the General Municipal Law, the Zoning Board of Appeals/Planning
Board shall coordinate the review procedures in order to provide timely
and efficient processing of the application.
B.
Whenever the circumstances of the proposed development require compliance
with this article and with any other local law, ordinance or requirement
of the Village, the Zoning Board of Appeals/Planning Board shall attempt
to integrate, as appropriate, site plan review with the procedural
and submission requirements for such other compliance.
C.
The Zoning Board of Appeals/Planning Board may consult with the Village
Code Enforcement Officer, Fire Department, Public Works Department,
County Planning Office and other local or county officials, in addition
to representatives of federal and state agencies, including but not
limited to the Soil Conservation Service, New York Department of Environmental
Conservation, New York State Department of Transportation or other
professional consultants as needed. If possible, the need for professional
consultation will be determined at conceptual review. Expenditures
for professional consultations require the approval of the Village
Board of Trustees.
D.
Any comments made under this section must be in writing and made
available to the applicant, property owner and Zoning Board of Appeals/Planning
Board for their consideration no less than 10 business days prior
to any scheduled Zoning Board of Appeals/Planning Board review of
the final application. Such comments shall become part of the application
file and be made available for public review upon request.
[Amended 4-21-2015 by L.L. No. 3-2015]
Site plan review applications and all required attachments shall
be submitted to the Village of Ravena Zoning Board of Appeals/Planning
Board. The Village Zoning Board of Appeals/Planning Board shall make
an initial determination of the completeness of any site plan review
application. The Village Zoning Board of Appeals/Planning Board shall
notify the applicant within seven business days of the date of application
submission if such application is incomplete or deficient in any way
and shall further specify the deficiencies. Complete applications
shall be submitted to the Chair of the Zoning Board of Appeals/Planning
Board.
[Amended 4-21-2015 by L.L. No. 3-2015; 6-7-2016 by L.L. No. 1-2016]
The Planning Board may conduct a public hearing on all site
plans in final application form. Such hearing may be held within 30
days of the receipt of the complete application for site plan review.
Notice of such hearing shall be advertised in the Village's official
newspaper or, if there is none, in a newspaper of general circulation
in the Village at least five business days before the public hearing.
Written notice of the hearing shall also be made to the applicant
and all owners of adjacent properties as listed in the Village records
not less than 10 business days before the date of the hearing.
[Amended 4-21-2015 by L.L. No. 3-2015]
Within 62 days of the date of the receipt of the complete application
submission (as date stamped by the Code Enforcement Office), the Zoning
Board of Appeals/Planning Board shall approve, approve with conditions
or disapprove the application. An extension of the sixty-two-day period
may be granted upon mutual consent of both the Zoning Board of Appeals/Planning
Board and the applicant. If the Zoning Board of Appeals/Planning Board
fails to act within said sixty-two-day period or a granted extension,
the site plan shall be considered approved. All approvals or approvals
with conditions shall include payment by the applicant of all fees
and reimbursable costs due to the Village.
[Amended 4-21-2015 by L.L. No. 3-2015]
The Zoning Board of Appeals/Planning Board's final action,
rendered in writing, shall consist of either:
A.
Approval of the site plan based upon a determination that the proposed plan is compatible with the considerations set forth in § 96-17;
B.
Approval of the site plan subject to any conditions, modifications and restrictions as required by the Board resulting from findings made as per § 96-17; or
C.
Disapproval of the site plan based upon a determination that no conditions, modifications or restrictions are available and mutually agreeable that would mitigate adverse findings made pursuant to § 96-17.
D.
If no building permit is issued within six months from the date of
final site plan approval, the final site plan approval shall become
null and void. The applicant can request an additional six months'
extension, subject to the approval from the Zoning Board of Appeals/Planning
Board with good cause shown.
[Amended 4-21-2015 by L.L. No. 3-2015]
A copy of the Zoning Board of Appeals/Planning Board's
determination shall be attached to the final site plan and shall be
forwarded to the Code Enforcement Officer and filed with the Village
Clerk. A copy of such determination shall be posted publicly and mailed
to the property owner and/or applicant of record within five business
days of the Board's decision.
[Amended 4-21-2015 by L.L. No. 3-2015]
Any person aggrieved by any decision of the Zoning Board of
Appeals/Planning Board or any officer, department, board or bureau
of the Village may apply to the Supreme Court for a review by a proceeding
under Article 78 of the Civil Practice Law and Rules. Such proceeding
shall be instituted within 30 days after filing of a decision in the
office of the Village Clerk.
A.
Any person, corporation, partnership, association or other legal entity who or which shall be found in violation of any of the provisions of this chapter, or any conditions imposed by a permit pursuant hereto, shall be guilty of an offense and subject to a fine as listed in § 96-26. Every such person or entity shall be deemed guilty of a separate offense for each day such violation, disobedience, omission, neglect or refusal shall continue.
B.
The Zoning Board of Appeals/Planning Board may require the posting
of bond or other similar performance guaranty to ensure compliance
with the plan and stated conditions of approval and to cover any Village
costs involved in the project.
[Amended 4-21-2015 by L.L. No. 3-2015]
C.
The Code Enforcement Officer may suspend any permit when work is
found not in accordance with the final site plan approval.
D.
No certificate of occupancy shall be issued until all private improvements
shown on the approved site plan are installed or a sufficient performance
guaranty has been posted for required public improvements not yet
completed.
E.
The sufficiency of any performance guaranties shall be determined
by the Village Board of Trustees after consultations with the Zoning
Board of Appeals/Planning Board, Village Counsel and other appropriate
parties within 10 business days of the submittal.
[Amended 4-21-2015 by L.L. No. 3-2015]
Any person violating any of the provisions of this chapter shall
be subject to a fine of not more than $350 or imprisonment for not
more than 15 days, or both.
