Intent. See
§ 106-56: Intent for details.
Authorization to approve or disapprove site plan uses.
In accordance with Village Law § 7-725-a, the Development Board is hereby authorized to review and approve, approve with conditions or modifications, or disapprove site plans for new development within the Village as hereinafter designated pursuant to and in accordance with the standards and procedures set forth in this code.
Applicability. See
§ 106-58: Applicability for details.
Site plan review procedure.
A. Application shall be made to the Development Board using forms supplied by the Director.
B. Preapplication conference. Prior to formal submission of a detailed site plan, applicants are encouraged to schedule a preapplication conference with the Director. The purpose of the preapplication conference is to provide review of the basic site design concept, provide the applicant with constructive suggestions and, generally, to determine the information to be required for the site plan application. Applicants associated with the review of larger projects with complex site plans are encouraged to participate in a presubmission conference. In order to accomplish the objectives as listed above, applicants are encouraged to provide the following:
(1) A brief narrative and preliminary concept showing the locations and dimensions of principal and accessory structures, parking areas, and other planned features and any anticipated changes in the existing topography and natural features;
(2) A drawing or map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements and other pertinent features within 200 feet; and
(3) A topographic or contour map of adequate scale and detail to show site topography.
C. If the Director determines that the information submitted for the concept plan is sufficient, he/she may, at his/her discretion, recommend the applicant to proceed with submission of a preliminary or final application.
D. If additional information is requested by the Director after the presubmission conference, a complete application, inclusive of the information requested during the presubmission conference, shall be provided to the Development Board as part of the preliminary or final application submittal.
Site plan review application. See
§ 106-60: Site plan review application for detailed information.
Filing of decision.
The decision of the Development Board shall be filed in the office of the Village Clerk and a copy thereof mailed to the applicant. The decision shall contain such findings of fact and conditions as are required by this code.
Criteria for site plan review.
In reviewing site plans, the Development Board shall give consideration to the health, safety, and welfare of the public in general, and the residents or users of the proposed development and of the immediate neighborhood in particular. In addition, the Development Board shall ensure that the proposed project conforms with the goals and objectives of the Comprehensive Plan and the LWRP. More specifically, the Development Board shall ensure:
A. A positive relationship, including visual compatibility, to adjacent and nearby land uses, both public and private, with the understanding that in all cases new development should conform to the requirements of the design standards and supplementary standards, regardless of the type or quality of adjacent buildings and land uses;
B. The adequacy and arrangement of access and circulation, including but not limited to road widths, grade, alignment, sight distance, elements of "complete streets," location, surfaces, traffic control, walkways and pedestrian/bicycle trail connectivity, and the extent that these elements meet the goals and objectives of the Village's 2012 Bicycle, Pedestrian and Trail Master Plan;
C. A suitable location, arrangement, size, design and general site compatibility of buildings, lighting and signs;
D. The adequacy of stormwater and drainage facilities in preventing flooding, erosion, and improper obstruction of drainageways;
E. The adequacy of water supply and sewage disposal facilities;
F. The adequacy, type and arrangement of trees, shrubs and other landscaping and the retention of existing trees, wooded areas, watercourses and other natural features to the maximum extent possible;
G. The protection of adjacent or neighboring properties against noise, glare, dust, air pollution, unsightliness or other objectionable features;
H. The adequacy of fire lanes and other emergency zones and the provisions of fire hydrants;
I. The adequacy, arrangement, and appearance of exterior storage and parking and loading areas and their screening at all seasons of the year from the view of adjacent residential lots and streets; and
J. The project's impact on the community's ability to provide adequate recreation, education, fire protection and similar facilities and services to its residents and visitors.
K. The project's impact on the exterior appearance of any historic building or historic district.
Conditions.
The Development Board, in conjunction with its approval of any site plan review project, may impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. No permit shall be issued by the Director until all conditions are met. The Development Board may require, as a condition, that the applicant submit as-built drawings and/or other written certification, signed and stamped by a New York State licensed engineer, surveyor, landscape architect, or architect of record (or the contractor/owner if no design professional was used), to verify that the project was completed in accordance with the approved site plan. This requirement ensures that the project will be completed according to the terms and conditions of the application and approval, including, without limitation, the requirements and conditions authorized by Article
XI of this code.
Waiver of procedural requirements.
The Development Board, when reasonable, may waive any requirements for the approval, approval with modifications, or disapproval of site plans submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in this code adopted pursuant to §
106-63, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or appropriate to a particular site plan.
A use listed in
Schedule 1, Allowed Uses, hereof as a site plan review use for a given district within this code shall be permitted in that district when approved in accordance with Part
2, Article
XI, Site Plan Review, hereof, provided that all other requirements of this code are met.
