The Village of Walton Planning Board is hereby authorized to
review and approve, approve with conditions, or disapprove site plans
prepared to the specifications set forth in this article. Before the
issuance of a building permit, approval by the Planning Board shall
be required of site development plans for all of the following:
A.
All new buildings and accessory uses, other than one-family and two-family
dwellings, in all districts.
B.
Parking areas for four or more vehicles.
C.
Off-street loading facilities.
D.
Required screening or buffer treatment.
E.
Building alterations which significantly affect exterior appearance
as determined by the Code Enforcement Official or which require additional
parking.
F.
Conditional uses for all zoning districts.
G.
Extension, enlargement or expansion of existing structures, other
than one-or two-family dwellings, exceeding 10% of the existing square
footage, provided that there have been no more than three expansions
and that said building or structure can meet all other requirements
of this chapter.
In general, a site plan shall comprise a development plan for
an entire project on a single parcel of land, showing the use or uses,
dimensions and locations of proposed and existing structures and of
areas to be reserved for vehicular and pedestrian circulation, parking,
signs, landscaping, screening and other spaces, and architectural
sketches and drawings demonstrating the design and character of the
proposed uses and the physical relationship of such uses.
The site plan is to be submitted to the Code Enforcement Official at least 14 days before the regularly scheduled meeting of the Village Planning Board, but the Code Enforcement Official may waive this provision in his discretion. The Code Enforcement Official shall review said application to determine whether it is complete and conforms to the provisions of the Zoning chapter. A complete application includes all data listed below in § 260-70. Upon request of the applicant, the Code Enforcement Official may waive certain requirements as listed in § 260-70 when in his discretion such information is not material to the project under review. The Code Enforcement Official should notify the applicant in writing within 14 days of receipt of the application if the application is incomplete or not in conformance with applicable zoning requirements. However, in no case shall an application be processed if it is incomplete or does not comply with zoning requirements. When the application is deemed complete and complies with zoning requirements, the Code Enforcement Official shall submit seven copies of the application to the Clerk-Treasurer of the Village Planning Board at least seven days before the regularly scheduled Village Planning Board meeting.
A.
In addition to referral of site plans to other agencies as required
by law, the Planning Board may refer site plans to other federal,
state, county, local, private or quasi-public agencies for their recommendations
within their particular fields of expertise. The Planning Board shall
receive written reports by other agencies that have been requested
to submit a report, provided that such agencies shall report within
30 days from the submission to said agency to review and comment on
same. Failure of any agency to respond within the prescribed time
period shall constitute approval of said application by the agency.
B.
When required by § 239-m of General Municipal Law, copies
of the application will be sent to the Delaware County Planning Board
for review. In the event that a public hearing is scheduled, the Planning
Board shall mail notices to the Delaware County Planning Board as
required by § 239-m of the General Municipal Law. The Delaware
County Planning Board must be sent notice of the public hearing at
least 10 days before the public hearing. The notice shall be accompanied
by a full statement of the matter under consideration, as defined
in § 239-m of the General Municipal Law. If the Delaware
County Planning Board submits a report that recommends disapproval
or conditional approval, then the Village Planning Board may override
that agency's decision by a vote of a majority plus one. If the
Village Planning Board votes to override the Delaware County Planning
Board recommendation, the Village Planning Board shall provide a written
statement explaining the reasons for the overriding vote. The Delaware
County Planning Board must be notified of the final action taken by
the Village Planning Board within seven days.
Upon receipt of a site plan application by the Village Planning
Board, the application fees, if any, shall be paid. Application fees
shall be set by resolution of the Village Board of Trustees.
B.
The review timetable commences the day the site plan application
is accepted at the official Planning Board meeting. Within 62 days
of receipt of all required reports and applications, the Planning
Board may hold a public hearing on the proposal. Within 62 days of
the public hearing, the Planning Board shall render a decision. If
no public hearing is held, the Planning Board shall render a decision
within 62 days of receipt of an application for site plan approval.
The time period in which the Planning Board must render a decision
may be extended by written consent of the applicant and the Planning
Board.
C.
Public hearing.
(1)
If a public hearing is required, the Clerk of the Planning Board
shall mail notice of said hearing to the applicant at least 14 days
before the hearing and shall give public notice of the hearing in
the official newspaper. The public notice shall be published at least
five days before the public hearing.
(2)
In addition to the public notice of hearings, the applicant shall
give notice, in writing, by certified mail, within 10 days of the
public hearing, to all property owners of land adjacent to the property.
Adjacent properties shall be all properties that directly abut the
property on which the action for site plan review is being proposed.
This includes all properties directly across a street, watercourse
or right-of-way.
D.
The reasons for action taken on the application shall be set forth
in the written minutes of the Planning Board. The Planning Board decision
shall be filed within five business days after such decision is rendered
in the office of the Village Clerk-Treasurer and a copy mailed to
the applicant.
All proposed improvements or development indicated on the approved
site plan map shall meet the requirements of all applicable codes
and laws of the Village, county, state or federal governments and
other agencies with jurisdiction over matters pertaining to site development.
The site plan, as approved by the Planning Board, shall be binding
upon the applicant. Any changes from the approved plan shall require
resubmission and reapproval by the Planning Board. Site plan approval
shall remain in effect for a period of one year following the date
of approval. The Planning Board, upon request from the applicant,
may, for good and sufficient reason, extend this period for not more
than one additional year.
A.
Plans submitted to the Code Enforcement Official shall be considered
as being ready for review if the following data and information are
submitted at the appropriate scale:
(1)
Name and address of the owner of the plot.
(2)
Lot and block number of the assessment map.
(3)
Name(s) of owners of record of all adjacent property.
(4)
Existing zoning.
(5)
Boundaries of property.
(6)
Building and setback lines.
(7)
Location of existing buildings.
(8)
Type and location of easements.
(9)
Copy of covenants and deed restrictions.
(10)
Contours with five-foot intervals or less.
(11)
Location of existing watercourses, marshes, rock outcrops, wooded
areas.
(12)
Single trees eight inches or more as measured three feet above
the base of the trunk.
(13)
Location of features on property or beyond which affect property,
i.e., watercourse, wooded areas, easements, rights-of-way, streets,
road, highway, freeways, railroads, canals, rivers, buildings and
structures.
(14)
Name of development.
(15)
Date.
(16)
North arrow.
(17)
Scale.
(18)
Name and address of record owner, engineer, architect, land
planner or surveyor responsible for the preparation of the plan.
(19)
Proposed use(s) for land and buildings.
(20)
Proposed location of buildings and accessory structures.
(21)
Dimensions of buildings(s).
(22)
Location and treatment of all entrances and exits.
(23)
Finished grades of all open spaces.
(24)
Proposed grades of interior walks and sidewalks, walkways and
all others for pedestrian use.
(25)
Driveways and parking or other paved areas.
(26)
Buildings shall indicate type of construction.
(27)
Floor area and height.
(28)
Access and egress onto public streets.
(29)
Traffic signals, channelization, acceleration and deceleration
lanes, additional width.
(30)
Off-street loading and/or parking areas.
(31)
Parking spaces, number of spaces provided.
(32)
Aisles, spaces and driveways with dimensions.
(33)
Lighting: location, color, direction, type of fixture, power,
and timing.
(34)
Signs: location, dimension, elevation, and drawings of all signs.
(35)
Utilities: location on plan of existing and/or proposed public
and private utilities.
(36)
Stormwater drainage: location, size, and type of temporary and
permanent facilities.
(37)
Sanitary sewer lines located.
(38)
Open spaces and recreation: location and identification.
(39)
Existing landscaping and forestry features.
(40)
Buffer areas and screening; if a wall, indicate material to
be used.
(41)
Floor plans, elevations, heights, general design and styling.
(42)
SEQRA (State Environmental Quality Review): environmental assessment
form or environmental impact statement.
(43)
Plans for the control of soil erosion.
(44)
Other documents required by the Planning Board.
A.
Standards generally. In considering and approving the site development
plan, the Planning Board shall take into consideration the public
health, safety and general welfare, comfort and convenience of the
public in general and of the residents of the immediate neighborhood
in particular, and it may attach such conditions and safeguards as
a precondition to approval of such plan as, in its opinion, will further
the general purpose and intent of this Zoning chapter and be in harmony
therewith.
B.
Conditions and standards. The Planning Board may impose appropriate
conditions and safeguards with respect to the following aspects of
the proposed development but shall not be limited solely to these
aspects:
(1)
Traffic and circulation.
(a)
Adequacy of the location and design of driveways providing vehicular
ingress to and egress from the site, in relation to streets giving
access to the site and traffic patterns thereon and in relation to
pedestrian traffic.
(b)
That all proposed traffic accessways to and from the public
street are adequate in width, grade, alignment and visibility; not
located too near street corners, schools or other places of public
assembly; and other similar safety considerations.
(c)
That the interior circulation system is adequate to provide
safe accessibility to all required off-street parking and for fire
apparatus and police vehicles, and the adequacy of the location and
design of automobile parking areas and of loading areas.
(2)
Layout and screening.
(a)
Harmonious location of main and accessory buildings in relation
to the site and in relation to one another.
(b)
Satisfactory and harmonious relations between the development
on the site and existing and prospective development of contiguous
land and adjacent neighborhoods.
(c)
That all playground, parking and service areas are reasonably
screened, at all seasons of the year, from the view of adjacent residential
lots and streets; that the general landscaping of the site is in character
with that generally prevailing in the neighborhood; and that all other
required screening or buffering is adequate to fulfill its function.
(3)
Removal of trees.
(a)
That the development of any residential site does not contemplate
the removal of trees over 24 inches in circumference, measured three
feet above grade, except in the area of the building and in the marginal
area surrounding the building to a distance of 15 feet from exterior
walls or eaves of porches, and except for the purpose of creating
an improved landscape plan, opening vistas, the installing of site
structures such as walks, driveways, parking areas, swimming pools,
courts for games and sports and other such structures, and except
for reasons of safety, sanitation and the general welfare. Trees to
be removed to create an improved grading and landscaping plan shall
be indicated on grading or site development plans submitted in conjunction
with the site plan. Removal of diseased and dead trees is not prohibited,
except that girdling or poisoning of trees in order to avoid compliance
with approval plans shall constitute a violation. The removal of any
trees over 24 inches in circumference measured three feet above grade
for any reason, except safety, sanitation, control of disease or the
general welfare, prior to approval of the site plan shall constitute
a violation.
(b)
Violations of this section shall be subject to a fine of $250
plus $5 for each increment of one inch in circumference that the circumference
exceeds 24 inches.
(4)
Capital improvements: that drainage, sewer lines, relating walls,
culverts and other capital improvements are adequate, measured by
normal engineering design standards.
(5)
Maintenance: adequacy of plans for and likelihood of maintenance
of the foregoing.
(6)
In all R-R Districts, all development shall be designed so as to
prevent soil erosion, deterioration of the banks of public waterways
and to ensure that there is no major outside storage of vehicles (snowmobiles,
used cars, etc.).
(7)
Drainage certification. The Planning Board shall approve no site
plan until it has been certified by the Village Engineer with respect
to the adequacy of proposed facilities for sewerage and for drainage
of stormwater.
(9)
Flooding: that the site meets the requirements for development in
the state's flood hazard zone.
(10)
Solar access: that the applicable codes and laws governing the
installation and operation of solar energy systems and equipment be
met.
(11)
Large dish antenna in residential districts. The proposed dish
antenna will have a harmonious relationship with surrounding property
uses and shall be located so as not to diminish the value or use of
surrounding properties. Among other things, the Board of Trustees
shall consider the criteria listed below:
(a)
The dish antenna shall be located on the ground and must be
screened from the roadway and adjoining property owners by foliage
of such height and density so as to adequately screen said satellite
antenna from the road and adjoining property owners during the entire
year. The Board may condition any approval on receipt and approval
of a landscaping plan.
(b)
The dish antenna shall be located in the rear yard only and
shall be an accessory structure requiring compliance with all minimum
yard requirements as per the Zoning chapter. When a backyard is not
accessible or does not meet building specifications and a side yard
meets the Building Code, a dish antenna may be located there. If said
side yard borders on a street, a screen of foliage shall be provided
to adequately shield said satellite antenna from the street and adjoining
properties during the entire year.
(c)
The dish antenna shall not be connected to or placed upon any
roof, and no part of the antenna shall at any point be elevated to
or reach a height more than 15 feet above the natural grade of the
subject premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
Each lot may have a maximum number of one dish antenna.
(e)
The dish antenna shall not be located on any portable device.
This article in no way affects the provisions or requirements
of any other federal, state or local law or regulations. Where this
article is in conflict with any other such law or regulation, the
more restrictive shall apply.
Any person aggrieved by a decision of the Planning Board with
respect to site plan review may apply to the Supreme Court for 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.
Whenever any part of a proposed development is located within
1,000 feet of a border of the municipality and if there is in existence
a Planning Board in the adjacent municipality, then the developer
must notify that Planning Board of his plans and submit its written
comments as part of the application for site plan review. This requirement
applies only to commercial and industrial developments and residential
developments of more than 25 units.
