[Amended 12-15-1986 by L.L. No. 5-1986; 5-21-1990 by L.L. No.
2-1990]
A.
Site development plan required. The Building Inspector shall not issue a building permit for the construction or alteration of any structure or for the use of any land in accordance with § 211-48 of this chapter and no certificate of occupancy for the construction or alteration of any structure or for the use of any land in accordance with § 211-49 of this chapter, until the Planning Board has approved a final site development plan or an amendment to a final site development plan in accordance with this article, other than the exceptions noted below.
B.
Exception to plan requirement. No such site development plan approval called for in Subsection A above shall be required for:
(1)
The erection, alteration or occupancy of one-family dwellings.
(2)
The erection and alteration of structures accessory to one-family
dwellings or the use of structures and land as a use accessory to
such dwellings.
(3)
The erection, alteration or occupancy of structures or the use of land identified as a special permit use in § 211-10 of this chapter.
(4)
The installation, construction or operation of any safety/security
improvement.
[Added 12-15-2003 by L.L. No. 1-2003]
In considering the approval of the site development plan or
an amendment to a final site development plan, the Planning Board
shall take into consideration the public health, safety and general
welfare and the comfort and convenience of the public in general and
the residents of the immediate neighborhood in particular and shall
make any appropriate conditions and safeguards in harmony with the
general purpose and intent of this chapter and, particularly, in regard
to achieving:
A.
Design. Harmonious relationships of principal and accessory structures
and uses with the site, with each other and with adjacent properties
and streets. Consideration shall be given to architectural design
of buildings, signs and other structures and to the provision of off-street
parking and loading areas, landscaping, buffering, open areas and
exterior lighting.
B.
Access. Maximum safety and convenience of vehicular and pedestrian
access to and egress from the site, as well as circulation within
the site.
C.
Utilities. Water supply, stormwater drainage, sewage and solid waste
disposal systems and layouts which afford the best solution to any
potential problems.
D.
Environment. The avoidance or minimization of disturbance to wetlands
and floodplains, air and water pollution and other potential environmental,
engineering or aesthetic impacts.
E.
Conformance. Conformance of the proposed site development plan with
the Master Plan and Official Map of the Village, with all applicable
provisions of this chapter and with all other regulations and statutes
governing the development of the proposed site.
An application for approval of a site development plan or an
amendment to a final site development plan shall be accompanied by
a site development plan. The plan shall be drawn at a scale and on
sheets of a size satisfactory to the Village Engineer and shall include
the following information:
A.
Legal data.
(1)
The names and addresses of the owner and applicant and signed authorization
of the owner.
(2)
The names of all owners of record of all adjacent property and the
lot, block and section numbers of the site and adjacent property.
(3)
Existing school, zoning and special district boundaries.
(4)
The size of the property to be developed, as well as site boundaries
showing dimensions and bearings as determined by a current survey;
dimensions of yards along all property lines; and lines of existing
streets, lots, reservations, easements and areas dedicated to public
uses.
(5)
Reference to the location and conditions of any covenants, easements
or deed restrictions that cover all or any part of the tract, as well
as identification of the document where such covenants, easements
or deed restrictions are legally established.
(6)
A schedule of minimum zoning requirements, as well as the plan's
proposed compliance to them, including lot area, lot width, lot depth,
lot coverage, yards, off-street parking and off-street loading.
(7)
A key map showing the location of the site with reference to surrounding
properties, streets, etc., within 500 feet of the site.
(8)
A North arrow, written and graphic scales and date of original plan
and all revisions, with notations identifying the revisions.
B.
Existing conditions.
(1)
The location of existing buildings, identifying first floor elevations
and other structures.
(2)
The location of existing water supply, sanitary sewage disposal,
stormwater, gas and electric facilities with pipe sizes, grades, direction
of flow, etc., on the site.
(3)
The location of all the above utilities which are near the site and
will be used or affected by development of the site.
(4)
Existing contours with intervals of two feet or less, referred to
a Village datum.
(5)
The location of existing wetlands, regulatory floodplains, wooded
areas, rock outcrops, single trees with a diameter of eight inches
or more measured 4 1/2 feet above the ground and other significant
existing features.
C.
Development data.
(1)
The title of the development and the name, address, telephone number,
signature and seal of the engineer, architect or other qualified professional
who prepared the site development plan.
(2)
The proposed use of land and structures and their proposed location,
including proposed grades and first floor elevations.
(3)
All proposed lots, streets, easements and public and community areas.
(4)
All proposed means of pedestrian and vehicular access to and egress
from the site onto adjacent streets.
(5)
The proposed location and design of any pedestrian circulation on
the site and off-street parking areas and loading areas, including
handicapped parking and ramps and including details of construction,
surface materials, pavement markings and directional signs.
(6)
All proposed streets, with profiles indicating grading and cross
sections showing the width of the roadway, the location and width
of sidewalks and the location and size of utility lines, according
to the standards and specifications contained in the street improvement
specifications of the Village.
(7)
The location of all proposed waterlines, valves and hydrants and
of all sewer lines.
(8)
Proposed erosion and sediment controls and stormwater drainage system.
(9)
The type, location, direction, power and time of operation of proposed
outdoor lighting.
(10)
The proposed screening and landscaping, including a planting
plan that identifies the type (scientific and common names), location,
size and amount of plantings.
(11)
The location, height, materials, color and design, including
construction details, of any proposed fences or walls.
(12)
The location, type, illumination, size, materials, color and
design, including construction details, of proposed signs.
[Added 5-5-2014 by L.L. No. 3-2014]
A.
General standards.
(1)
Pursuant to the Village Law, the Planning Board may require
that a site plan containing residential units also contain a park
or parks suitably located for playground or other recreational purposes.
(2)
Before the Planning Board may require that land be reserved
for park, playground or other recreational purposes, the Planning
Board must make a finding that such requirement is warranted. Such
a finding shall include an evaluation of the present and anticipated
future needs for park and recreational purposes in the Village, based
on the projected population growth to which the particular site plan
will contribute.
B.
Ownership of park area. The ownership of reservations for park purposes
shall be clearly indicated on the site plan and established in a manner
satisfactory to the Planning Board so as to assure their proper future
continuation and maintenance.
C.
Cash payment in lieu of reservation.
(1)
Where the Planning Board makes a finding that the proposed site
plan presents a proper case for requiring a park or parks suitably
located for playground or other recreational purposes, but that a
suitable park or parks of adequate size cannot be properly located
on such site plan, the Planning Board may require, as a condition
to approval of the site plan, a payment to the Village of a sum of
money determined by the Board of Trustees.
(2)
In making the determination of suitability, the Planning Board
shall assess the size and suitability of lands shown on the site plan
which could be possible locations for park or recreational facilities,
as well as practical factors, including whether there is a need for
additional facilities in the immediate neighborhood.
(3)
Any moneys required by the Planning Board in lieu of land for
park, playground or other recreational purposes pursuant to this section
shall be deposited into a trust fund to be used by the Village exclusively
for park, playground or other recreational purposes, including the
acquisition of property.
(4)
Credit for land set aside in subdivision approval. Notwithstanding Subsections A through C of this section, if the land included in a site plan under review is a portion of a subdivision plat that has been reviewed and approved, the Planning Board shall credit the applicant for any land set aside for parkland or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
(5)
Where money in lieu of recreation land is accepted, the amount
shall be calculated based on the per-dwelling-unit rate as set from
time to time by resolution of the Board of Trustees.
A.
As a condition of approval under this article, an inspection fee
shall be paid to the Village of Buchanan in an amount determined necessary
by the Planning Board, but not in excess of 5% of the estimated cost
of constructing all private roads, sidewalks, water supply, sewerage
and storm drainage systems, grading, landscaping and all other site
improvements, not including building construction. Such fee shall
be used to cover costs incurred by the Village in conducting inspections
of such development as it progresses and upon completion.
B.
Before the site plan is signed by the Chairman of the Planning Board,
the applicant shall be required to post a performance bond or other
type of acceptable monetary guaranty which shall be in an amount determined
by the Planning Board and Village Engineer and in a form satisfactory
to the Village Attorney. Said bond or other monetary guaranty shall
be sufficient to secure to the Village the satisfactory construction
and installation of all required improvements. Said bond or other
monetary guaranty shall comply with the performance bond requirements
set forth in § 7-730, Subdivision 9, of the Village Law.
The period within which required improvements must be completed shall
be specified by the Planning Board and expressed in the bond or other
monetary guaranty, but in no case for a period of more than three
years unless the period is extended by the Planning Board with the
consent of the parties. In those cases where the required improvements
have not been completed within the specified time, the Planning Board
or Village Board may thereafter declare said bond or other monetary
guaranty to be in default and require that all improvements be completed
regardless of the extent of the site development at the time the default
is declared.
C.
In addition to the performance security, the Planning Board shall
require the posting of a maintenance security. Said security shall
guarantee the upkeep of the landscaping, screening and safety devices
and ensure the general cleanliness and proper housekeeping of the
grounds and environment of the site development plan. After a period
of two years from the effective date of said maintenance security,
if the applicant has satisfactorily complied with the above requirements,
he shall be eligible, upon request, for the release of the security
posted.
D.
The Planning Board, in its review of an application for preliminary layout or final subdivision approval, or preliminary or final site development plan approval as described in Chapter 171 or Chapter 211, may refer any such application to such engineering, environmental or other technical consultant as the Planning Board shall deem reasonably necessary to enable it to review such application as required by law. The charges made by such consultants shall be in accordance with charges usually made for such services in the metropolitan New York region or pursuant to an existing contractual agreement between the Village and such consultant. The applicant shall reimburse the Village for the cost of such consultant services upon submission of a copy of the voucher therefor. Such reimbursement shall be made prior to any Board action on the preliminary or final subdivision or site development plan application. Any reimbursement of fees for professional consultant services rendered may be extended for one period of 90 days upon written request made by the applicant demonstrating good cause as may be determined by the Planning Board. However, in no event shall any action or approval on any such pending application be determined until any and all such reimbursements have been made in full by the applicant.
[Added 4-18-2005 by L.L. No. 1-2011]
A.
Presubmission. Prior to the submission of a formal site development
plan, the applicant should meet with the Planning Board to discuss
the proposed site development, its conformance with the Village Master
Plan and Official Map, its compliance with Village regulations and
its potential environmental impacts, if any. A sketch plan showing
property boundaries, significant man-made and natural features on
the site, such as buildings and wetlands, and the proposed development
should be submitted, along with a nonrefundable sketch site development
plan review fee, payable to the Village of Buchanan, in an amount
as set from time to time by resolution of the Board of Trustees.
[Amended 2-7-2011 by L.L. No. 9-2011]
B.
Preliminary site development plan.
(1)
At least 14 days in advance of the Planning Board meeting at which a preliminary site development plan or an amendment of an approved final site development plan is to be submitted, 10 copies of the information enumerated in § 211-27 must be submitted to the Secretary of the Planning Board, along with 10 copies of the completed application form and related forms and a nonrefundable application fee, payable to the Village of Buchanan, in an amount as set from time to time by resolution of the Board of Trustees for each off-street parking space required for the proposed use as set forth in § 211-10, Schedule of Use Regulations,[1] but in no case less than an amount as set from time to
time by resolution of the Board of Trustees when fewer than three
parking spaces are required.
[Amended 2-7-2011 by L.L. No. 9-2011]
[1]
Editor's Note: The Schedule of Use Regulations, § 211-10, is included at the end of this chapter.
(2)
Within 60 days of receipt of the preliminary application and all
accompanying material, the Planning Board shall call a public hearing
on the preliminary application. Public notice of the hearing shall
be given by publication in the official newspaper at least 10 days
prior to the date of the hearing. Public notice shall also include
the mailing, by certified mail, at least 10 days prior to the hearing,
of the notice of hearing to all owners of property abutting and within
500 feet of the property which is the subject of the hearing. The
applicant shall furnish stamped (certified mail) envelopes, addressed
with each such property owner at the time of application. Public notice
shall also include the display of a notice sign, provided by the Village,
on all street frontages of the property at least 10 days prior to
the hearing. Within 60 days after the closing of the public hearing,
the Planning Board shall decide to approve, approve with modifications
or disapprove the preliminary application. The decision of the Planning
Board shall be filed in the office of the Village Clerk, and a copy
of the decision shall be mailed to the applicant.
(3)
Any Planning Board decision to approve or approve with modifications
a preliminary site development plan shall expire six months from the
date of such decision, unless an application for final site development
plan approval is submitted within that time period.
C.
Final site development plan.
(1)
An application for approval of a final site development plan or an amendment to an approved final site development plan, including a nonrefundable fee, shall be submitted in accordance with Subsection B(1). The application shall also include any formal offers of dedication to the Village of streets, recreation areas, public access, drainage, slope, sight and other easements in a form satisfactory to the Village Attorney. In addition, the application shall include proof of application to all federal, state and county agencies for any approvals by such agencies required for the submitted final site development plan or amendment.
(2)
The time periods within which the Planning Board shall hold a duly noticed public hearing and render a decision shall be the same as those established in Subsection B(2). The decision of the Planning Board on the final site development plan application shall be filed in the office of the Village Clerk, and a copy of the decision shall be mailed to the applicant.
(3)
Any Planning Board decision to approve or approve with modifications
a final site development plan application shall lapse and become null
and void unless a building permit shall be obtained within one year
of the date of the Board's decision. Failure of the applicant to complete
construction pursuant to the approved final site plan within three
years of the granting of said approval shall render the approval null
and void unless the conditions of approval have specifically provided
for a longer period of time. All final site plans approved prior to
the effective date of this section shall have no more than three years
from the effective date hereof to complete construction unless the
conditions of approval have specifically provided for a longer period
of time. However, if said final site development plan approval is
or has been rendered null and void in a shorter period of time by
any other provision of this chapter or by a condition of approval,
said shorter time period shall prevail, and this section shall not
be deemed to extend such shorter time period.
(4)
The Chairman or, in his absence, the Vice Chairman and the Secretary
of the Planning Board shall sign the final site development plan when
they have determined that the final site development plan complies
with the Planning Board's resolution of approval, including any modifications
noted in the resolution and all requirements of this article. If the
Chairman has not signed the final site development plan within six
months after final approval due to the failure of the applicant to
meet the requirements and conditions established by the Planning Board,
said final approval shall be null and void. The Planning Board, at
its discretion, may grant one additional period of time, not exceeding
six months, for the applicant to meet said requirements.
Upon findings by the Planning Board that, due to special conditions
peculiar to a site, certain of the procedures or information normally
required as part of the site development plan review is inappropriate
or unnecessary or that strict compliance with said requirements may
cause extraordinary and unnecessary hardships, the Board may modify
or waive such requirements, provided that such modification or waiver
will not have detrimental effects on the public health, safety or
general welfare or have the effect of nullifying the intent and purpose
of the site development plan submission, Official Map, Master Plan
or this chapter.
A.
Modifications of required time periods. Such modification of procedures
may include the reduction in the period of time for application submission
prior to a Planning Board meeting and the extension of review periods
and the length of the validity of a Board approval or approval with
modifications, by mutual consent of the Board and the applicant.
B.
Waiver of preliminary site development plan. Such waiver of procedures
may include the submission of a preliminary site development plan
and public hearing on a preliminary site development plan when an
applicant proposes an amendment to an approved site development plan
that results in:
(1)
No addition to the usable space of the building.
(2)
No change in the amount or location of parking spaces, loading spaces,
access to such spaces or buffers.
(3)
No change to the location, number, type, size or design of signs.
(4)
Continued compliance with all conditions of the final approval of
the original site development plan that are still pertinent under
the amended site plan.
C.
Waiver of public hearing on final plan. Such waiver of procedures may include the public hearing on the final site development plan application if the Planning Board deems the final site development plan to be in substantial agreement with the preliminary site development plan, as approved. Such waiver shall not be permitted if a waiver of the public hearing on the preliminary site development plan has been granted in accordance with Subsection B above.
D.
Modification of plan information requirements. Such modification
of plan information requirements may include the elimination of certain
information or the inclusion of additional information as deemed appropriate
by the Planning Board.
The Zoning Board of Appeals shall have jurisdiction on appeals from the decisions of the Planning Board in relation to site development plans in accordance with Article IX of this chapter.
Upon completion of construction, an as-built site development plan shall be submitted to the Secretary of the Planning Board which shall show all elements of the site as actually constructed. Except as provided in § 211-33 below, no certificate of occupancy shall be issued until the as-built plan has been reviewed by the Village Engineer and found to be in compliance with the approved final site development plan or amendment thereto.
Where, in the opinion of the Village Engineer, the elements
of an approved final site development plan or amendment thereto are
substantially complete and, in the opinion of the Code Enforcement
Officer, the structure or use meets the requirements of other applicable
codes and ordinances, the Building Inspector may issue a temporary
certificate of occupancy for a period of up to 45 days; such temporary
certificate shall be issued subject to a suitable assurance that all
required elements of the approved final site development plan or amendment
will be completed as soon as practicable. Where the Building Inspector
finds good cause, he may extend such temporary certificate of occupancy
for one additional period of not to exceed 45 days.
This article is hereby adopted pursuant to § 7-725
of the Village Law of the State of New York.[1] Under the authority of Municipal Home Rule Law § 22,
Subdivision 1, it is the intent of this section to supersede § 7-725
of the Village Law by expanding the powers and authority of the Planning
Board and Zoning Board of Appeals regarding review and approval of
site plans. However, nothing herein shall be construed to reduce or
limit the powers or authority granted to the Planning Board by § 7-725,
and it is the intent of this article that the Planning Board retain
all such powers and authority.
[1]
Editor's Note: Section 7-725 of the Village Law was repealed
by L. 1992, c. 694, § 3, effective 7-1-1993. See now § 7-725-a
of the Village Law.
