The intent of site plan review is to provide an additional review
by communities of uses and activities which have a greater impact
on surrounding properties, the environment, community character and
the ability of the Village to accommodate them.
Pursuant to Village Law § 7-725-a, the Hancock Village
Planning Board shall administer site plan review.
[Amended 9-14-1992 by L.L. No. 4-1992; 7-19-1993 by L.L. No.
2-1993]
Application for site plan review shall be made to the Code Enforcement
Officer. The Code Enforcement Officer shall act to certify the application
as complete and in compliance with this chapter or return it to the
applicant for completion and/or revision within 10 days of submission.
The Code Enforcement Officer shall forward a certified application
to the Planning Board no later than 10 days prior to its next meeting.
A.
Prior to submittal of a formal application to the Code Enforcement
Officer, a sketch plan conference may be held between the Planning
Board and the applicant to review the basic site design concept and
generally determine the information to be required on the site plan.
At the sketch plan conference the applicant should provide the data
discussed below in addition to a statement or rough sketch describing
what is proposed.
(1)
An area map showing the parcel under consideration for site plan
review and all properties, subdivisions, streets and easements within
200 feet of the boundaries thereof.
(2)
A map of site topography at no more than five-foot contour intervals.
If general site grades exceed 5% or portions of the site have susceptibility
to erosion, flooding or ponding, a soils overlay and a topographic
map showing contour intervals of not more than two feet of elevation
should also be provided.
B.
Application for site plan approval. An application for site plan
approval shall be made in writing to the Code Enforcement Officer
and shall be accompanied by information drawn from the following checklist:
(1)
Title of drawing, including the name and address of the applicant
and the person responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Boundaries of the property plotted to scale.
(4)
Existing watercourses.
(5)
Grading and drainage plan, showing existing and proposed contours.
(6)
Location, proposed use and height of all buildings.
(7)
Location, design and construction materials of all parking and truck-loading
areas, showing access and egress.
(8)
Provision for pedestrian access.
(9)
Location of outdoor storage, if any.
(10)
Location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
(11)
Description of the method of sewage disposal and the location,
design and construction materials of such facilities.
(12)
Description of the method of securing public water and the location,
design and construction materials of such facilities.
(13)
Location of fire and other emergency zones, including the location
of fire hydrants.
(14)
Location, design and construction materials of all energy distribution
facilities, including electrical, gas and solar energy.
(15)
Location, size and design and construction materials of all
proposed signs.
(16)
Location and proposed development of all buffer areas, including
existing vegetative cover.
(17)
Location and design of outdoor lighting facilities.
(18)
Designation of the amount of building area proposed for retail
sales or similar commercial activity.
(19)
General landscaping plan and planting schedule.
(20)
Other elements integral to the proposed development as considered
necessary by the Planning Board, including identification of any state
or county permits required for the project's execution.
C.
Planning Board review of site plan. The Planning Board's review of
a site plan shall include, as appropriate, but is not limited to,
the following:
(1)
General considerations.
(a)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(b)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(d)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
(h)
In the case of an apartment complex or other multiple dwelling,
the adequacy of usable open space for play areas and informal recreation.
(i)
Protection of adjacent or neighboring properties against noise,
glare, unsightliness or other objectionable features.
(j)
Adequacy of fire lanes and other emergency zones and the provision
for fire hydrants.
(k)
Special attention to the adequacy of structures, roadways and
landscaping in areas with susceptibility to ponding, flooding and/or
erosion.
(2)
Consultant review. The Planning Board may consult with the Village
Code Enforcement Officer, Fire Commissioners, Conservation Council,
Superintendent of Public Works, other local and county officials and
its designated private consultants, in addition to representatives
of federal and state agencies, including but not limited to the Natural
Resources Conservation Service, the State Department of Transportation
and the State Department of Environmental Conservation.[1]
(3)
Public hearing. The Planning Board may conduct a public hearing on
the site plan. If a public hearing is considered desirable by a majority
of the members of the Planning Board, such public hearing shall be
conducted within 62 days of the receipt of the application for site
plan approval and shall be advertised in a newspaper of general circulation
in the Village at least five days before the public hearing.
D.
Planning Board review of site plan. Within 62 days of the hearing,
or within 62 days of receipt of a certified application if no hearing
is held, the Planning Board shall act upon the application. Upon mutual
consent of the applicant and the Planning Board, the time within which
the Planning Board must act may be extended an additional 30 days.
Upon failure to act within the required time periods, or extensions
thereof, the site plan shall be considered approved. The Planning
Board's action shall be in the form of a written statement to the
applicant stating approval, approval with conditions or disapproval
of the site plan.
(1)
Upon approval of the site plan and payment by the applicant of all
fees and reimbursable costs due to the Village, the Planning Board
shall endorse its approval on a copy of the site plan and shall forward
such copy to the Code Enforcement Officer and to the applicant.
(2)
Upon disapproval of a site plan, the Planning Board shall so inform
the Code Enforcement Officer, and the Code Enforcement Officer shall
deny a building permit to the applicant. The Planning Board shall
also notify the applicant in writing of its decision and its reasons
for disapproval.
E.
Required referral.[2]
(1)
Prior
to taking action on the site plan, the Planning Board shall refer
the plan to the County Planning Board for advisory review and a report
in accordance with § 239-m of the General Municipal Law.
(2)
As
required by § 239-nn of the General Municipal Law, notice
shall also be given to an adjacent municipality (town or village)
whenever a public hearing is held by the Planning Board regarding
a site plan on property that is within 500 feet of such adjacent municipality.
Such notice shall be given by mail to the clerk of the adjacent municipality
at least 10 days prior to any such hearing. Such adjacent municipality
may appear and be heard.
F.
Reimbursable costs. Costs incurred by the Planning Board for consultation
fees or other extraordinary expense in connection with the review
of a proposed site plan shall be charged to the applicant, not to
exceed $100 per acre or fraction thereof.
G.
Performance guaranty. No certificate of occupancy shall be issued
until all improvements shown on the site plan are installed or a sufficient
performance guaranty has been posted for improvements not yet completed.
The sufficiency of such performance guaranty shall be determined by
the Planning Board after consultation with the Code Enforcement Officer,
Superintendent of Public Works and Village Attorney.
H.
Inspection of improvements. The Code Enforcement Officer shall be
responsible for the overall inspection of site improvements, including
coordination with the Superintendent of Public Works and other officials
and agencies, as appropriate.
