The purpose of this article is to provide regulations governing
the applicability, submission requirements, and standards for review
and design of uses required to obtain site plan approval. The intent
is to ensure that the development and use of land does not have an
adverse effect on adjacent lands or on the character of the community.
Such regulations are designed to protect the community from traffic
congestion and conflicts, noise, lighting, odor and other forms of
pollution, inappropriate design, flooding, and excessive soil erosion,
to ensure that the proposed use will be in harmony with the appropriate
and orderly development of the district in which it is proposed, and
that its impacts can be mitigated by compliance with reasonable conditions.
The regulations are also designed to ensure that new development conforms
with the Village's planning goals and objectives, as expressed
in its Comprehensive Plan.
A.
The Planning Board is authorized to review and approve, approve with modifications or disapprove site plans. Where site plan approval is required, it shall be obtained prior to the issuance of a building permit or (if no building permit is required) a certificate of occupancy and prior to the commencement of excavation for construction activities. For all uses identified as requiring site plan approval in the District Schedule of Uses in Article III[1] of this chapter, the Code Enforcement Officer shall refer
the applicant to the Planning Board for site plan review and approval
in accordance with § 7-725-A of NYS Village Law and the
more specific design standards and review procedures set forth in
this article. Site plan approval by the Planning Board is required
for:
(1)
The establishment of new uses, a change of use, a change of the intensity
of a use, or a change to principal site elements. For example, replacing
an existing restaurant with a new restaurant, without changing the
intensity of the use, would not be a change of use, but replacing
a restaurant with an office would be a change of use. A change of
the intensity of a use shall include, but not be limited to: an increase
in gross floor area, number of dwelling units, guest rooms, or seating
capacity; an increase in any unit of measurement which creates the
need for an increase in the total number of parking spaces; or a significant
increased demand on water supply, sanitary sewage disposal, or stormwater
management, as determined by the Village Water Board or Board of Trustees.
A change to principal site elements shall include, but not be limited
to, the location, number and configuration of parking spaces; the
location and configuration of access and egress points; the location,
height, type and intensity of outdoor lighting; the location, type
and extent of site landscaping; the location, number, and size of
signs; and the location and height of fences, walls and similar improvements.
(2)
The decision regarding whether site plan review is required shall
be made by the Code Enforcement Officer.
(3)
Site plan approval shall not be required for a change of ownership
or tenancy or lessee, or the replacement of an existing use with the
same use as long as such change or replacement will result in no increase
in intensity or principal site elements as discussed above.
(4)
Site plan approval shall also be required for any development that
is the functional equivalent of a land subdivision but which is structured
for ownership purposes as a condominium project or leasehold. In such
cases, the Planning Board shall apply all relevant review criteria
contained in § 7-728, 7-730, 7-732, and 7-738 of NYS Village
Law as well as the provisions of this chapter.
[1]
Editor's Note: The District Schedule of Uses is included
as 151 Attachment 2 of this chapter.
B.
The Village Board may, in consultation with the Planning Board, adopt
a Pattern Book or architectural guide with additional illustrations
and information on development patterns and architectural character
to supplement the design standards of this chapter and aid in its
administration. In such case, conformance with the standards of the
Pattern Book shall be required for all development in the H-O District.
In all other cases, applicants are strongly encouraged to consult
the Pattern Book for appropriate architectural design.
A.
A sketch plan conference between the Planning Board and applicant
shall be held to initially review the basic site design concept and
to generally determine the extent of site plan review necessary for
the intended project and the information to be required on the site
plan and in accompanying reports.
B.
Prior to the sketch plan conference, the applicant shall provide
the following information:
(1)
A written statement describing what is proposed and, if any physical
changes are proposed to the site, a sketch plan, which may be based
on either an aerial photograph or a survey, depicting the locations
of all existing and proposed buildings, structures, uses, parking
areas and other features on the site, and any significant anticipated
changes to the existing topography and natural features.
(2)
An area map, which may be obtained from Dutchess County Parcel Access,
keyed to the real property Tax Maps, showing the parcel under consideration
for site plan review and all properties, structures, subdivisions,
streets and easements within 200 feet of the boundaries thereof.
(3)
Address of the property and Tax Parcel ID number.
(4)
Name and address of the applicant and of the owner of record, if
different. If the applicant is not the owner of record, a letter of
authorization from the owner shall be required.
(5)
Current zoning classification(s) of the property.
C.
At the sketch plan conference, the Planning Board may waive one or more of the site plan submission requirements, as set forth in the checklist found in § 151-84A of this chapter. The Planning Board may also require that the applicant seek pre-application input from one or more of the persons and agencies cited in § 151-86F of this section.
D.
If the Planning Board determines that the information submitted for
sketch plan review is sufficient, it may, at its discretion, accept
and approve a site plan application at the sketch plan meeting without
requiring additional information.
Within six calendar months of the sketch plan conference, a
complete application for site plan approval shall be submitted to
the Planning Board, in writing, on forms prescribed by the Village,
and shall be accompanied by hard copies of all required materials,
including all accompanying reports, drawings and the Environmental
Assessment Form, in a number as required by the Planning Board, together
with an electronic file of all submitted materials in a format prescribed
by the Village. Additional copies may be required due to review and
referral requirements set forth in NYS Village Law, General Municipal
Law, or Environmental Conservation Law. Such plans shall include the
information drawn from the following checklist of items, as determined
by the Planning Board, which shall be provided on a drawing certified
by a Registered Architect, Professional Engineer, Landscape Architect,
or Land Surveyor licensed to practice in New York State, unless such
requirement is waived by the Planning Board. The Planning Board is
not limited to this list and may request any additional information
it deems necessary or appropriate for the review of the application.
A.
Site plan checklist.
(1)
Name of the project, including names and addresses of the applicant
and the owner of record, if different; name, address, and seal of
the person or firm preparing the plan; and a signature block for the
Planning Board and, if applicable, the Dutchess County Department
of Behavioral and Community Health. If the applicant is not the owner
of record, a letter of authorization from the owner shall be required.
(2)
North arrow, date and scale of the plan, with the scale to be not
less than one inch equals 50 feet.
(3)
An area map keyed to the real property Tax Maps, showing the parcel
under consideration for site plan review and all properties, subdivisions,
streets and easements within 200 feet of the boundaries thereof.
(4)
Accurate boundaries of the property plotted to scale, including reference
to the specific data sources.
(5)
The zoning classification(s) of property and within 200 feet of the
site's perimeter shall be drawn and identified on the site plan,
as well as any overlay districts that apply to the property, including
exact zoning boundary if the property is in more than one district.
(6)
The names of all owners of record of lands adjacent to or directly
opposite the applicant's property.
(7)
The location of structures, uses and facilities on adjacent properties
within 100 feet of the subject property boundary.
(8)
The location and boundaries of existing natural features, including
soil types and soil characteristics; steep slopes in excess of 15%;
depth to bedrock and the location of rock outcrops; depth to groundwater;
single trees eight or more inches in diameter at breast height (dbh)
located within any area where clearing will occur; existing vegetation
and forest cover; lakes, ponds, watercourses, wetlands, floodplains,
aquifers; and drainage and runoff patterns.
(9)
The location and use of all existing and proposed structures within
the property, including all dimensions of height and floor area, setback
measurements, all exterior entrances, frontage types, and all proposed
additions and alterations.
(10)
A zoning legend indicating the required and proposed dimensional standards for the district(s) in which the property is located in accordance with Article IV, Building Design and Infill Standards.
(11)
Floor plans.
(12)
Building elevations at a scale of one-quarter inch equals one foot for all exterior facades of the proposed structure(s) and/or alterations or expansions of existing facades, showing design features, including the additional design features as outlined in Article V, Building Design and Infill Standards, and indicating the type and color of materials to be used. Building elevations shall depict the location of roof-mounted mechanical equipment.
(13)
Visual simulations showing proposed buildings in the context
of the neighborhood.
(14)
A table containing the following information:
(a)
Estimated area of structure used and intended to be used for
particular uses, such as dwelling units, retail, office, storage,
etc.;
(b)
Number of dwelling units and bedrooms;
(c)
Estimated number of current and future employees;
(d)
Maximum seating capacity, where applicable; and
(e)
Number of parking spaces existing and required for existing
and proposed uses.
(15)
The location of all existing and proposed public and private
ways, off-street parking and loading areas, access and egress drives,
snow storage areas, sidewalks, ramps, curbs, paths, bicycle racks,
walls and fences. Information should include profiles and cross sections
of roadways and sidewalks showing grades and widths.
(16)
Pedestrian, bicycle and vehicle connections to adjoining properties.
(17)
Traffic flow patterns within the site and within 100 feet of
the site. The Planning Board may require a detailed traffic study
for large developments or for those in heavy traffic areas.
(18)
A landscaping plan and planting schedule, including the number, size (at time of planting), type, and location of all proposed trees, shrubs, ground covers, and other vegetation, as required by § 151-45 of this chapter.
(19)
Location and proposed planting of all buffer areas, including existing vegetative cover and that portion that will be preserved, as required by § 151-45 of this chapter.
(22)
The location of outdoor storage for equipment and materials,
if any, and the location, type, design, and screening details of all
refuse enclosures.
(23)
The location and screening details of roof-mounted and ground-mounted
mechanical equipment.
(24)
The location and size of water and sewer lines and appurtenances.
Any means of water supply or sewage disposal other than extensions
of existing systems shall be described, including location, design
and construction materials.
(25)
The location of all existing and proposed utility systems, including
telephone, cable, and internet, and all energy distribution facilities,
including oil, electric, gas, geothermal, wind, solar, and other alternative
systems.
(26)
The location, size and design of the storm drainage system,
including existing and proposed drain lines, culverts, catch basins,
headwalls, endwalls, manholes, and drainage swales.
(27)
The location of fire and other emergency zones, including the
location of fire hydrants or the nearest alternative water supply
for fire emergencies.
(28)
Grading and drainage plan, showing existing and proposed contours
at an appropriate interval specified by the Planning Board, with two-foot
contour intervals and soils data generally required on that portion
of any site proposed for development or where general site grades
exceed 5% or there may be susceptibility to erosion, flooding or ponding.
All elevations shall refer to the nearest United States Coastal and
Geodetic Bench Mark. If any portion of the parcel is within the 100-year
floodplain, the area will be shown and base flood elevations given.
Areas shall be indicated within the proposed site and within 50 feet
of the proposed site where soil removal or filing is required, showing
the approximate volume in cubic yards.
(29)
Erosion and sedimentation control plan to prevent the pollution
of surface or groundwater, erosion of soil both during and after construction,
excessive runoff, excessive raising or lowering of the water table,
and flooding of other properties, as applicable.
(30)
Where appropriate, the Planning Board may require soil logs,
percolation test results, and storm runoff calculations.
(31)
Plans for disposal of construction and demolition waste, either
on site or at a New York State approved solid waste management facility.
(33)
Location, width and purpose of all existing and proposed easements,
setbacks, reservations and areas dedicated to public use within and
adjoining the property.
(34)
Measures proposed to reduce energy consumption and greenhouse
gas emissions.
(35)
Other information that may be deemed necessary by the Planning
Board.
B.
Waivers. The Planning Board may waive or allow deferred submission of any of the information required in Subsection A above, as it deems appropriate to the application. Such waivers shall be discussed in the course of regular meetings. The Planning Board shall include a written record of waivers granted by the Board in the permanent record of the property.
C.
Required fee and supporting materials. An application for site plan review and approval shall not be considered complete until accompanied by the applicable fee in accordance with the Fee Schedule established by the Village Board, the escrow deposit in accordance with Chapter 72, Escrow Deposits, of the Village Code, and the following supporting materials:
(1)
A copy of the deed to the property as most recently filed and/or
a copy of the executed contract of sale.
(2)
A copy of each covenant, easement or deed restriction in effect or
intended to cover all or part of the tract.
(3)
Written offers of easement to the Village of Wappingers Falls or
other public agencies for purposes of stormwater drainage, utility
rights-of-way, etc.
(4)
Identification of all necessary permits and approvals from federal,
state, county or local agencies, and proof of Special Permit and/or
variance approvals if applicable.
(5)
A Short or Full Environmental Assessment Form as required by the
Planning Board pursuant to SEQRA, Article 8 of the Environmental Conservation
Law, and 6 NYCRR Part 617.
A.
In reviewing site plans, the Planning Board shall consider whether
the project complies with criteria set forth below. The Planning Board
shall also consider whether the proposed project is consistent with
the Village of Wappingers Falls Comprehensive Plan, the Greenway Compact
Program and Guides for Dutchess County, and any Pattern Book or architectural
guide that may be adopted by the Village Board to supplement the design
standards of this chapter and aid in its administration.
(1)
General considerations. The Planning Board shall consider:
(a)
Compatibility of building design with existing characteristics
of the neighborhood, including consideration of nearby historic or
architecturally significant properties.
(b)
Adequacy and arrangement of pedestrian access and circulation,
walkways, control of intersections with vehicular traffic and overall
pedestrian safety and convenience.
(c)
Location, arrangement, size, design and general site compatibility
of principal and accessory buildings, lighting, landscaping, and signage.
(d)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between the applicant's
and adjoining lands, including concern for the maximum retention of
existing vegetation.
(e)
Protection of adjacent or neighboring properties against noise,
glare, unsightliness or other objectionable features.
(f)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, roads widths, pavement surfaces, dividers,
channelized structures and other controls.
(g)
Location, arrangement, appearance and sufficiency of off-street
parking and loading facilities.
(h)
Adequacy of stormwater and drainage facilities.
(i)
Adequacy of water supply and sewage disposal facilities.
(j)
Adequacy of fire lanes and other emergency zones and water supply
for fire emergencies.
(k)
Special attention to the adequacy of structures, roadways and
landscaping in areas with susceptibility to ponding, flooding and/or
erosion or in the vicinity of wetlands or similar natural features.
(l)
Adequacy of energy efficiency and energy conservation measures
proposed to reduce energy consumption and greenhouse gas emissions.
(2)
Layout and design.
(a)
To the maximum extent practicable, development shall be located
to preserve the natural features of the site and to avoid wetlands,
steep slopes, significant wildlife habitats and other areas of environmental
sensitivity.
(b)
All structures in the plan shall be integrated with each other
and with adjacent structures and shall have convenient access between
adjacent uses.
(c)
Structures that are visible from public roads shall be compatible
with each other and with traditional structures in the surrounding
area in layout and placement of buildings, architecture, design, massing,
materials, proportion, texture and color, and shall harmonize with
traditional elements in the architectural fabric of the area. Building
components such as windows, rooflines and pitch, doors, eaves and
cornices shall be compatible with historic structures in the Village.
(d)
Roof-mounted and ground-mounted mechanical equipment shall be
screened from public view using materials harmonious with the building
or shall be located where they are not visible from any public ways.
(e)
The Planning Board shall encourage the creation of landscaped
parks or squares easily accessible by pedestrians.
(f)
Trademarked architecture which identifies a specific company
by building design features shall be prohibited, unless the applicant
can demonstrate that the design is compatible with the historic architecture
of the Village and any Pattern Book or architectural guide adopted
by the Village Board.
(g)
Adverse impacts on historic and cultural resources shall be
minimized.
(h)
Newly installed utility service systems, and service modifications
necessitated by exterior alterations, shall be installed underground.
When feasible, existing aboveground utility service systems shall
be placed underground.
(3)
Landscape, buffering and site treatment.
(a)
Where possible, natural or existing topographic patterns which
contribute to the beauty and character of a development shall be preserved.
(b)
Existing trees eight or more inches in diameter at breast height
shall be protected and preserved to the maximum extent possible to
retain valuable community natural resources and promote energy conservation
by maximizing the cooling and shading effects of trees. The preservation
of mature plant species, hedgerows, wetlands and woodlots shall be
encouraged and included as a design element in the development of
the site.
(c)
Landscape plantings of shrubs, ground cover and shade trees,
as well as perennials and annuals and other materials such as rocks,
water, sculpture, art, walls, fences, paving materials and street
furniture, shall be encouraged to create pedestrian-scale spaces and
to maintain landscape continuity within the community.
(d)
Grades of walks, parking spaces, patios and other paved areas
shall provide an inviting appearance.
(e)
Landscaped treatment shall be provided to enhance architectural
features, to strengthen vistas and visual corridors, and to provide
shade.
(f)
Unity of design shall be achieved through repetition of certain
plant varieties and other materials and by coordination with adjacent
developments.
(g)
Plant material shall be selected for interest in its structure,
texture and color, and in consideration of its ultimate growth pattern.
(h)
In locations where plants may be susceptible to injury by pedestrian
or motor traffic, they shall be protected by appropriate curbs, tree
guards or other devices.
(i)
All plantings shown on an approved site plan shall be maintained
in a vigorous growing condition throughout the duration of the use.
(4)
Lighting. Outdoor lighting shall conform to the requirements set forth in § 151-46 of this chapter.
(5)
Signs.
(a)
Every sign shall conform to the requirements set forth in Article VII of this chapter, and shall be well-proportioned in its design and in its visual relationship to buildings and surroundings.
(b)
Every sign shall be designed as an integral architectural element
of the building and site to which it principally relates.
(c)
The colors, materials and lighting of every sign shall be restrained
and shall be harmonious with the building and site to which it principally
relates.
(d)
Signs of a prototype design and corporation logos shall conform
to the criteria for all signs within the Village of Wappingers Falls.
(6)
Parking, circulation, and loading.
(a)
Roads, driveways, sidewalks, off-street parking and loading
spaces shall be safe and shall encourage pedestrian movement.
(b)
Vehicular, pedestrian, and bicycle connections within and between abutting lots shall be provided as required by § 151-44K(9).
(c)
Pedestrian circulation shall be separated, to the maximum extent
practicable, from motor vehicle circulation. Appropriate sidewalks
or walkways shall be provided on the site and its approaches as deemed
necessary by the Planning Board.
(d)
Facilities shall be provided, where deemed applicable by the Planning Board, for bicycle travel within the site and to adjacent areas, and for short-term and long-term parking of bicycles, which shall conform to the requirements of § 151-44K(12).
(f)
All access from and egress to public highways shall be approved
by the appropriate highway department, including Village, county,
and state.
(g)
All "places of public accommodation," as defined in the ADA,
shall comply with the requirements of that act concerning on-site
circulation and access.
(h)
All buildings shall be accessible by emergency vehicles.
(i)
In developments where a link to places of worship, shopping
areas, trails, recreational areas and other public facilities is feasible,
or where a trail connection is recommended on the Wappingers Falls
Greenway Trails Map, a trail corridor shall be reserved on the approved
site plan for this purpose.
(7)
Reservation of parkland or fee in lieu thereof. For any site plan
containing new dwelling units, pursuant to NYS Village Law § 7-725-a,
Subdivision 6, the Planning Board shall determine whether suitable
park(s) of adequate size to meet the recreation requirements of the
new residents can be properly located on the site and if so, require
that land be reserved for this purpose. If the Planning Board finds
that suitable park(s) cannot be located on the site, it shall require
the payment of a recreation fee in accordance with the Village's
Fee Schedule. Prior to the Chair of the Planning Board signing the
approved site plan, the applicant must pay the requisite recreation
fee.
(8)
Storm drainage. The proposed development shall be so designed as
to provide for proper surface water management through a system of
controlled drainage. All drainage plans shall be reviewed and approved
by the Village Engineer. Drainage of the site shall recharge groundwater
to the extent practical. The rate of surface water flowing off site
shall not increase above pre-development conditions and shall not
adversely affect drainage on adjacent properties or public roads.
(9)
Miscellaneous standards.
(a)
Buildings and other facilities shall be designed, located, and
operated to avoid causing excessive noise on a frequent or continuous
basis.
(b)
Applicable requirements for proper disposal of construction
and demolition waste shall be satisfied, and any necessary permits
or agreements for off-site disposal shall be obtained.
(c)
No materials shall be placed below the finished grade of a site
other than utilities, sand, gravel, rocks, and soil that are uncontaminated
by any solid waste or hazardous materials. Materials that were previously
contaminated and have been reconditioned shall not be permitted under
this subsection, except that decontaminated material may be used as
a base for road or parking lot construction, provided that such decontaminated
material does not pollute groundwater or surface water.
(d)
Facilities to handle solid waste, including compliance with recycling requirements, shall be easily accessible, secure and property screened in accordance with § 151-68J.
(e)
The project shall not adversely impact the community's
ability to provide adequate recreation, education, fire protection
and similar facilities and services to its residents and visitors.
A.
Following review of submitted formal application items, the Planning
Board shall determine the application's completeness. Once the
application is determined to be complete by the Planning Board, it
shall be deemed received, and the Planning Board shall either schedule
a public hearing or render its decision in accordance with the time
frames below.
B.
If the Planning Board is conducting a special permit review as part of a site plan review, the Planning Board shall refer to additional criteria in Article X.
C.
Public hearing and notice.
(1)
Within 62 days of the receipt of a complete application, the Planning
Board shall hold a public hearing on the site plan if a public hearing
is deemed necessary by the Planning Board, unless the time period
is extended by mutual agreement between the applicant and the Planning
Board.
(2)
In determining whether a public hearing is necessary, the Planning
Board shall be guided by the expected level of public interest in
the project and/or the potential for environmental impact.
(3)
Applicants may request a public hearing.
(4)
Public hearing notice:
(a)
The Planning Board shall mail notice of the public hearing to
the applicant at least 10 days before such hearing, and shall give
public notice of said hearing in an official newspaper of the Village
at least five days' prior to the date of the public hearing.
The Village shall charge the applicant the actual cost of mailing
and publishing the notice, or a reasonable fee related thereof, for
satisfying this requirement.
(b)
Additionally, the Planning Board shall provide notice of the
public hearing, including data regarding the substance of the application,
to the applicant, who shall mail the notice to the owners of all property
lying within 200 feet of the property lines of the property involved
in such application at least 10 calendar days' prior to the hearing.
The applicant shall provide a certificate of mailing to the Planning
Board prior to the public hearing.
[1]
The names and addresses of owners notified shall be taken as
such appear on the last completed tax roll of the Village.
[2]
Provided that there has been substantial compliance with this
provision, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate an action taken by the Planning
Board in either granting or denying a site plan application.
(5)
For applications that meet the criteria of § 239-nn of
the General Municipal Law, the Planning Board shall give notice, either
by mail or by electronic transmission, to the clerk of the adjacent
municipality at least 10 days' prior to any public hearing.
D.
Required referral. Prior to taking action on the site plan, the Planning
Board shall refer a complete site plan application that meets the
referral requirements of §§ 239-1 and 239-m of the
General Municipal Law to the Dutchess County Department of Planning
and Development for its review and recommendation. No action shall
be taken by the Planning Board on the site plan application until
a recommendation has been received from the County Planning Department
or 30 days have elapsed since said Department received the complete
application.
E.
The Planning Board shall comply with the State Environmental Quality
Review Act (SEQRA).
F.
Agency and consultant review. In its review of an application for site plan approval, the Planning Board may consult with Building Department Staff, the Superintendent of Highways, the Village Water Board, the Village Board, the Dutchess County Department of Behavioral and Community Health, other local and county officials, and its designated private planning and engineering consultants and legal counsel, in addition to representatives of state agencies, including, but not limited to, the State Department of Transportation, the State Health Department, the Department of Environmental Conservation, and the Office of Parks, Recreation, and Historic Preservation. Reasonable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be borne by the applicant and are in addition to any administrative fees charged by the Village, as outlined in Chapter 72, Escrow Deposits, of the Village Code.
A.
Within 62 days of the close of a required public hearing or within
62 days after the receipt of a complete application by the Planning
Board where no public hearing is required, the Planning Board shall
act by resolution to either approve, approve with modifications, or
disapprove the site plan application, unless the time period is extended
by mutual agreement between the applicant and the Planning Board.
B.
A resolution of either approval or approval with modifications shall
include authorization to the Planning Board Chairperson to sign the
site plan upon the applicant's compliance with the submission
requirements stated therein. If the Planning Board's resolution
includes a requirement that modifications be incorporated in the site
plan, conformance with said modifications shall be considered a condition
of approval. If the site plan is disapproved, the Planning Board's
resolution shall state specific reasons for such decision. In such
a case, the Planning Board may recommend further study of the site
plan and resubmission to the Planning Board after it has been revised
or redesigned.
C.
Filing of decision. A copy of the resolution shall be filed in the
Village Clerk's office and mailed to the applicant within five
business days of the Planning Board's action.
A.
Within six calendar months after receiving approval of a site plan,
with or without modifications, the applicant shall submit hard copies
of the site plan to the Planning Board in a number as required by
the Planning Board, together with an electronic file in a format prescribed
by the Village, for signing. The site plan submitted for signing shall
conform strictly to the site plan approved by the Planning Board,
except that it shall further incorporate any revisions or other modifications
required by the Planning Board and shall be accompanied by the following
additional information:
(1)
Record of application for and approval status of all necessary permits
from federal, state and county officials.
(2)
Detailed sizing and final material specification of all required
improvements.
(3)
An estimated project construction schedule and, if a performance
guarantee is to be provided by the applicant for all or some portion
of the work, a detailed site improvements cost estimate.
(4)
Proof of payment of all fees, including the recreation fee when required,
and of the Planning Board's reasonable review costs.
B.
Upon signing the site plan, the Planning Board shall forward a copy
of the approved site plan to the Village Clerk, the Code Enforcement
Officer, and the applicant. The Code Enforcement Officer may then
issue a Building Permit or (if no building permit is required) a Certificate
of Occupancy if the project conforms to all other applicable requirements.
No certificate of occupancy or certificate of compliance shall be issued until all improvements shown on the approved site plan are installed, or a sufficient performance guaranty has been posted for improvements not yet completed. Such performance guaranty shall be posted in accordance with the procedures specified within § 7-725-A of NYS Village Law, and shall generally cover limited elements of the work, e.g., final asphalt paving or landscaping, that cannot be completed due to seasonal constraints, and the applicant shall subsequently be prepare and submit the required list of features indicating compliance with the approved site plan or an as-built drawing, as required in § 151-90B. The amount and sufficiency of such performance guaranty shall be determined by the Planning Board after consultation with the Village Attorney, the Village Engineer, and other local officials or the Planning Board's designated private consultants.
A.
The Code Enforcement Officer shall be responsible for the inspection of site improvements, including coordination with the Village Engineer and other local officials and agencies, as may be appropriate, and shall grant a certificate of occupancy or certificate of compliance upon a finding that the project, as built, complies in all material respects with the site plan. Reasonable and necessary costs incurred by the Village for inspections by the Village Engineer or other appropriate professionals shall be in addition to the costs associated with site plan review, and shall be reimbursed to the Village by the applicant in accordance with Chapter 72, Escrow Deposits, of the Village Code.
B.
Within 60 days after the certificate of occupancy or certificate
of compliance has been issued, the applicant shall submit a list of
features indicating compliance with the approved site plan, or an
as-built drawing if required by the Code Enforcement Officer.
Planning Board approval of a site plan shall expire if any of
the following circumstances occurs:
A.
The site plan is not submitted for signature by the Planning Board
Chairperson within six months of the Planning Board's resolution
of site plan approval, with or without conditions.
B.
A complete application for either a building permit or (if no building
permit is required) a certificate of occupancy is not submitted to
the Code Enforcement Officer within one year of the signing of the
site plan by the Chairperson.
C.
Work authorized under a building permit is not commenced and diligently
pursued through the completion of construction within six months of
the issuance of the building permit, unless said time frame is extended
by the Code Enforcement Officer.
D.
Upon prior written request to the Planning Board, including a statement
of justification for the requested time extension, the Planning Board
may grant one or more extensions, of up to six months each, to:
(1)
Submit the site plan for signature by the Planning Board Chairperson,
upon a finding that an applicant is working toward completion of the
conditions of the Planning Board's resolution of site plan approval
with due diligence and has offered a reasonable explanation of its
inability to complete such conditions and submit a site plan within
six months of the approval. No further extensions may be granted if
the site plan is not submitted for signature by the Planning Board
Chairperson within two years following the approval; and
(2)
Submit a complete application for either a building permit or (if
no building permit is required) a certificate of occupancy to the
Code Enforcement Officer, upon a finding that an applicant has offered
a reasonable explanation of its inability to apply for a building
permit or certificate of occupancy. No further extensions may be granted
if the building permit or certificate of occupancy has not been applied
for within one year following signing of the site plan by the Planning
Board Chairperson.
E.
The Planning Board may impose such conditions as it deems appropriate
upon the grant of any extension. The granting of an extension of time
under this section shall not require a public hearing.
Whenever a particular application or proposed development requires
compliance with another procedure in this chapter, such as special
permit review and approval, or with the requirements of Village Code
or NYS Village Law relating to subdivisions, the Planning Board shall
integrate, to the extent of its authority under law, site plan review
as required by this article with the procedural and/or submission
requirements for such other compliance. Such integration of procedures
may require, upon mutual written consent of the Planning Board and
the applicant, reasonable modification of the time schedules otherwise
stated in this article or in said related regulations or requirements.
A.
Site plan approval shall be revoked if the permittee violates the
conditions of the site plan approval or engages in any construction
or alteration not authorized by the site plan approval.
Any person or persons jointly or severally aggrieved by any
decision of the Planning Board on a site plan approval application
may apply to the Supreme Court of the State of New York for relief
through a proceeding under Article 78 of the Civil Practice Law and
Rules of the State of New York. Such proceeding shall be governed
by the specific provisions of Article 78, except that the action must
be initiated as therein provided within 30 calendar days after the
filing of the Board's decision in the Office of the Clerk.
