[Amended 9-6-1993 by L.L.
No. 4-1993; 7-16-1996 by L.L. No. 4-1996; 9-30-2010 by L.L. No. 4-2010; 3-15-2011 by L.L. No. 5-2011; 3-20-2018 by L.L. No. 3-2018]
A.
Through site plan review, it is the intent to promote the health,
safety and general welfare of the Village, its residents and property
owners. A clean, wholesome, attractive environment is declared to
be of importance 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 further the intent to ensure the optimum overall conservation,
protection, preservation, development and use of the natural and man-related
resources of the Village by regulating land use activities within
the Village through review and approval of site plans.
The Planning Board of the Village of Penn Yan is hereby authorized
to review and approve 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.
A.
All new land use activities within the Village, whether by zoning
district classification, variance granted by the ZBA or otherwise,
shall require site plan review and approval before being undertaken,
except the following uses:
(1)
Construction of one-family dwellings and ordinary accessory
structures and related land use activities.
(2)
Landscaping or grading which is not intended to be used in connection
with a land use reviewable under the provisions of this chapter.
(3)
Ordinary repair or maintenance of interior alterations to existing
structures or uses.
(4)
Exterior alterations or additions to existing structures which
would not increase the square footage of the floor space of the structure
by more than 5% or 500 square feet, whichever is less.
(5)
Nonstructural agricultural, landscaping or gardening uses not
involving substantial changes to topography.
(6)
Garage, lawn and porch sales, flea markets, outdoor barbequed
meat concessions, not exceeding five days per calendar year.
B.
Any person uncertain of the applicability of this chapter to a given
land use activity may apply, in writing, to the Code Enforcement Officer
for a written jurisdictional determination.
This article does not apply to uses and structures which are
lawfully in existence as of the date of effectiveness. Any use which
would otherwise be subject to this chapter that has been discontinued
for a period of two years or more shall be subject to review pursuant
to the terms hereof before such use is resumed. Any use or structure
shall be considered to be in existence, provided that the same has
been substantially commenced as of the date of this chapter and fully
constructed and completed within one year subsequent to that date.
The provisions hereof shall in no way affect the requirements
of any other federal, state or local law or regulation. Where this
chapter is in conflict with any other such law or regulation, the
more restrictive shall apply.
A.
Approval required; recommended procedures. Prior to undertaking any
new land use activity, except uses specifically exempted of this chapter,
a site plan approval by the Planning Board is required. Applicants
for site plan approval shall follow the recommended procedures related
to the sketch plan conference as hereinafter set forth. Applicants
must comply with all other procedures and requirements of the chapter.
B.
Applicability of Village Law § 7-725-a, Site plan review.
All site plan reviews shall comply with the provisions of Village
Law § 7-725-a, Site plan review, or any law which is a successor
thereto.
C.
Site plan conference. A site plan conference may be held between
the Planning Board and the applicant prior to the preparation and
submission of a formal site plan. The intent of such a conference
is to enable the applicant to inform the Planning Board of his proposal
prior to the preparation of a detailed site plan and for the Planning
Board to review the basic site design concept, to advise the applicant
as to potential problems and concerns and to generally determine the
information to be required on the site plan. In order to accomplish
these objectives, the applicant shall provide the following:
(1)
A statement and rough sketch showing the locations and dimensions
of principal and accessory structures, parking areas, access signs
(with descriptions), existing and proposed vegetation and other planned
features; anticipated changes in the existing topography and natural
features; and, where applicable, measures and features to comply with
flood hazard and flood insurance regulations.
(2)
An area map showing the parcel under consideration for site
plan review and all properties, subdivisions, streets, rights-of-way,
easements and other pertinent features.
(3)
A topographic or contour map of adequate scale and detail to
show site topography.
D.
Application requirements. At least three weeks in advance of the
Planning Board meeting at which a site plan is to be considered, the
requisite number of copies of the site plan, at a scale of not less
than one inch equals 20 feet for multifamily residential development
and one inch equals 40 feet for all other development, and three copies
of the application for site plan approval shall be submitted to the
Village Planning Office and shall be accompanied by the information
contained on the following checklist. The Planning staff shall determine
the number of copies of the site plan that the applicant must submit
and shall inform the applicant or the applicant's representative of
the number of copies required.
[Amended 5-19-2020 by L.L. No. 5-2020]
(1)
The title of the drawing, including the name and address of
the applicant and of the person responsible for preparation of such
drawing.
(2)
The North arrow, scale and date.
(3)
The boundaries of the property plotted to scale.
(4)
Existing buildings.
(5)
A grading and drainage plan, showing existing and proposed contours,
rock outcrops, depth to bedrock, soil characteristics and watercourses.
(6)
The location, design, type of construction, proposed use and
exterior dimensions of all buildings.
(7)
The location, design and type of construction of all parking
and truck loading areas, showing ingress and egress.
(8)
Provisions for pedestrian access.
(9)
The location of outdoor storage, if any.
(10)
The location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
(11)
A description of the method of sewage disposal and the location,
design and construction materials of such facilities.
(12)
A description of the method of securing public water and the
location, design and construction materials of such facilities.
(13)
The location of fire and other emergency zones, including the
location of fire hydrants.
(14)
The location, design and construction materials of all energy
distribution facilities, including electrical, gas, wind and solar
energy.
(15)
The location, size and design and type of construction of all
proposed signs.
(16)
The location and proposed development of all buffer areas, including
existing vegetative cover.
(17)
The location and design of outdoor lighting facilities.
(18)
The identification of the location and amount of building area
proposed for retail sales or similar commercial activity.
(19)
The general landscaping plan and planting schedule.
(20)
An estimated project construction schedule.
(21)
A record of application for and status of all neccessary permits
from other governmental bodies.
(22)
Identification of any permits from other governmental bodies
required for the project's execution.
(23)
Other elements integral to the proposed development as may be
considered necessary in the particular case by the Planning Board.
E.
Site plan filing fee. An application for site plan review shall be
accompanied by a fee in an amount set by resolution duly adopted by
the Board of Trustees.
F.
Expenses incurred by Planning Board. Any expenses 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
and paid for by the applicant.
G.
Determination that application is complete.
(1)
For every site plan review application the Planning Board shall
make a determination on the record, based upon an affirmative vote
of the majority of the Planning Board membership, whether the application
is complete.
(2)
The Planning Board shall not determine that an application is
complete until it has received all of the requisite documentation
and information required for the site plan review.
(3)
In the event that the application is not complete the Planning
Board shall expeditiously notify the applicant, in writing, of the
documentation and/or information required in order for the application
to be complete.
(4)
For purposes of computation of time limits, a site plan application
shall not have been deemed received until the Planning Board determines
that such application is complete.
(5)
In the event of disagreement between the Planning Board and
the applicant as to whether the application is compete the Planning
Board may proceed with the review process and make such decision with
respect to the application as the Planning Board deems appropriate
under the circumstances.
The Planning Board's review of the site plan shall include,
but is not limited to, the following, if applicable:
A.
The location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
B.
The adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
C.
The location, arrangement, appearance and sufficiency of off-street
parking and loading.
D.
The adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience and safety.
E.
The adequacy of stormwater and drainage facilities.
F.
The adequacy of water supply and sewage disposal facilities.
G.
The 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.
The adequacy of fire lanes, other emergency zones and the provision
of fire protection infrastructure.
I.
Special attention to the adequacy and impact of structures, roadways
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
J.
The overall impact of the project on the neighborhood, including
compatibility of design considerations.
A.
In the event that the application under review is approved by the
Planning Board and it is wholly or partially in a historic preservation
district or is a Village landmark, then no building permit, special
permit or sign permit shall be issued with respect to any building,
sign, sign structure or other structure until the application has
been approved by the Historic Preservation Commission.
B.
The Code Enforcement Officer shall forward to the Historic Preservation
Commission said approved site plans signed by the Planning Board Chairman.
It shall then be the responsibility of the Historic Preservation Commission
to review the site plan following its procedures of compliance and,
if approved, to forward the final plans to the Code Enforcement Officer
to carry out duties assigned pursuant to this Code.
The Planning Board shall conduct a public hearing on the site
plan. Such hearing shall be held and conducted pursuant to Village
Law § 7-725-a.
The Planning Board shall act on the site plan no later than
60 days subsequent to closing of the public hearing on the application
and shall render a decision thereon. In its decision, the Planning
Board may approve, approve with modifications or disapprove the site
plan application. The decision shall be pursuant to a majority vote
of the entire Planning Board at a duly held meeting thereof. The time
period in which the Planning Board must render its decision may be
extended by mutual consent of the applicant and the Planning Board
in writing or on the record of the Planning Board proceedings.
A.
Approval. Upon approval of the site plan application and payment
by the applicant of all fees and reimbursable costs due the Village,
the Planning Board Chairperson shall endorse the Planning Board approval
on a copy of the site plan and shall immediately file it and a written
statement of approval with the Village Clerk and the Code Enforcement
Officer. A copy of the written statement of approval shall be mailed
to the applicant by certified mail, return receipt requested.
B.
Approval with modifications. The Planning Board may conditionally
approve the site plan application. A copy of the written statement
containing the modifications required by the conditional approval
shall be mailed to the applicant by certified mail, return receipt
requested. After adequate demonstration to the Planning Board that
all conditions have been met and payment by the applicant of all fees
and reimbursable costs due the Village, the Planning Board Chairperson
shall endorse the Planning Board approval on a copy of the site plan
and shall immediately file it and a written statement of approval
with the Village Clerk and the Code Enforcement Officer. A copy of
the written statement of approval shall be mailed to the applicant
by certified mail, return receipt requested.
C.
Disapproval. Upon disapproval of a site plan application, the written
decision of the Planning Board shall immediately be filed with the
Village Clerk and the Code Enforcement Officer and a copy thereof
mailed to the applicant by certified mail, return receipt requested.
The written decision shall set forth in full the reasons for disapproval.
D.
No timely action. Absence of a decision within the time frame herein
specified shall constitute approval thereof. The Code Enforcement
Officer shall proceed on that basis.
Any person aggrieved by a decision of the 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 proceedings shall be instituted
within 30 days after the filing of a decision in the office of the
Village Clerk.
The Code Enforcement Officer shall carry out the duties assigned
by local law or by any additional regulations adopted pursuant to
this chapter. The Code Enforcement Officer shall be responsible for
the overall inspection of site improvements, including coordination
with the Planning Board, the Historic Preservation Commission and
other officers and agencies as prescribed and necessary.
Whenever the circumstances of proposed development require compliance
with this article or with any local law, ordinance or requirement
of the Village, the Planning Board shall attempt to integrate, as
appropriate, site plan review as required herein with the procedural
and submission requirements for such other compliance.
No certificate of occupancy shall be issued until all improvements
shown on the site plan are completed or a sufficient performance guaranty
in the form of a bond or cash escrow has been posted for improvements
not yet completed. The sufficiency of such performance guaranty shall
be determined by the Planning Board after consulting with the Code
Enforcement Officer, Village Attorney and any other appropriate party
or entity.
A site plan approval shall expire one year from the date of
such approval unless actual physical construction has commenced on
the work which was subject to the site plan approval. No work may
commence on any portion of the project subsequent to expiration of
the site plan approval without a new site plan approval based upon
a further application for same. Such further application shall be
subject to all the code provisions and site plan requirements in effect
at the time of the further application. Such further application for
site plan approval shall also be subject to payment of applicable
fee(s) pertaining thereto, without any credit being granted for any
prior fee(s) or costs paid by applicant.
