Adams City Zoning Code
ARTICLE VII
Site Plan Review
§ 305-16 Introduction and authority.
The purpose of the site plan review procedure is to allow flexibility in both the review and development of those uses specified for such elsewhere in this chapter. Pursuant to authority delegated in accordance with Village Law of the State of New York, the Village Board hereby authorizes the Village Planning Board to review and approve site plans. Before starting development of structures or uses specified for site plan review, the developer shall submit a site plan together with any supporting data for review and approval in accordance with the standards and procedures set forth in this chapter and applicable administrative regulations. No permit shall be issued by the enforcement officer, except upon authorization by the Village Planning Board. The Planning Board shall review the proposed use in accordance with the procedures outlined herein and then applicability to the respective standards found in this article and Article V, Special Uses (when appropriate).
§ 305-17 Procedure.
A.
Application for site plan review shall be made to the Village Planning Board on a form prescribed by the Village. This form shall contain the following information.
(1)
Name and address of applicant and authorization of owner if different from applicant.
(2)
Name and address of person or firm preparing the plan and map.
(3)
Current zoning classification of property, including exact zoning boundary if in more than one district.
(4)
Property boundary line plotted; with distances, angles and area shown.
(5)
North arrow, scale and date.
(6)
Locations, widths, construction types and names of existing and proposed adjacent streets, walkways, etc. Traffic circulation directions shall be plotted.
(7)
Written description of the proposed use, including all activities.
(8)
Location of the use plotted on a map of the property with dimensions of the use, distances to lot and street lines, distances to outstanding natural features, distance to floodplains, distances to existing buildings and structures, etc.
(9)
Listing (and map plotting) of significant or outstanding natural features of property (e.g., wetlands, creeks, high water lines, cliffs, dense vegetation, etc.).
(10)
Listing of other local, state and federal permits necessary to have the development completely operational, as proposed.
(11)
Utility standards to be used (i.e., water, sewer, electric, etc.).
(12)
Location of all proposed and existing drainage facilities.
(13)
Type of construction materials to be used.
(14)
Curb cuts and other traffic accessways plotted on the map.
(15)
Location and type of signs.
(16)
Landscaping plan.
(17)
Project construction schedule and staging phases, if applicable.
(18)
Type of outdoor lighting and any public address system.
(19)
Height of buildings/structures and location of fences, walls, etc.
(20)
Other features required by the Planning Board to insure complete understanding.
B.
The applicant may request a presubmission conference with the Planning Board prior to formal application submittal. This conference can be used to discuss site plan review procedure/criteria and other zoning matters. The Planning Board shall honor this request and convene such a conference.
C.
Once a completed application has been formally received by the Planning Board, the Planning Board shall hold a public hearing and make a decision on the application in accordance with Village Law § 7-725-a.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
The final decision by the Planning Board must be made in writing, specifying any conditions that may be attached to an approval, the reasons that the Board approved or denied the proposal and the motions/vote by Board members. All decisions shall be filed in the office of the Village Clerk and a copy mailed to the applicant.
E.
The Planning Board may attach additional conditions to the proposed development, providing they are in keeping with the intent of these procedural regulations and the site plan review standards found in this article and Article V, Special Uses (when applicable).
F.
The Planning Board may grant a waiver to the uses which have to undergo site plan review criteria if they feel that the proposed use will not have a significant affect (from an economic, environmental and developmental stand-point) on the zoning district or community at large.
G.
The Planning Board shall refer all site plan review matters that fall within those areas specified under General Municipal Law, Article 12B, § 239 m to the County Planning Board prior to their hearing and vote thereon. All filing provisions of General Municipal Law Article 12B, § 239 m, shall be adhered to.
H.
The Planning Board may require a performance bond to cover the development impact on Village public improvement costs, local inspections, bond approval and other Village liabilities incurred.
I.
Appeals from any determination of the Planning Board under this Section shall be made in accordance with the provisions of Article 78 of the Civil Practice Law and Rules of the State of New York.
§ 305-18 General performance site plan review criteria.
Following is a list of performance site plan review criteria that the quality of the development proposal must be assessed against. The Planning Board may specify certain standards in line with these criteria that the developer must then comply with. The Board shall not be limited to reviewing and setting criteria only in the following areas.
A.
Adequacy and arrangement of safe vehicular traffic access and circulation, including intersections, road widths, curb cuts, channelization structure and traffic controls. Such facilities must be constructed to Town specifications and standards.
B.
Adequacy and arrangement of pedestrian traffic access and circulation including: separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic, and pedestrian convenience. This shall also include specifications and standards to which such facilities shall be constructed.
C.
Location, arrangement, appearance and sufficiency of off-street parking and loading to meet the proposed uses. Construction specifications may be required by using the off-street parking and loading requirements (found in Article VI), as a guide.
D.
Location, arrangement, size and design of buildings, lighting and signs. All uses shall compliment each other and not be offensive to the district or adjacent areas.
E.
Adequacy, type and arrangement of trees, shrubs and other landscaping which constitutes a, visual and/or a noise deterring buffer between competing adjacent uses and adjoining lands. The proposed use shall be landscaped to insure a sightly appearance. This shall insure adequate vegetative ground cover to eliminate erosion and promote aesthetics. Trees shall be retained where possible. The Board may set minimum standards in this regard.
F.
In the case of apartment houses, mobile home parks, or multiple dwellings, the adequacy and availability of open space for playgrounds and informal recreation.
G.
Adequacy and quality of stormwater, drainageways, sanitary waste disposal facilities, and other utilities that will serve the site. The applicant shall assure that all water and sewer connections and installations are made in a timely fashion and prior to project approval and operation. Such connections and installation shall be made according to specifications of the Village.
H.
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding, ponding and/or erosion. Construction specifications may be required.
I.
Protection of adjacent properties against noise, glare, unsightliness, or other objectionable features from conflicting uses.
J.
Conformance with other specific intents of this chapter.
L.
Open space may be required for recreation, circulation and other reasons. The area shall be of sufficient size to accommodate these purposes in relation to the residential and nonresidential uses. Access to such areas will be considered. Such areas may be publicly or privately owned.
M.
Adequacy in preserving the scenic, historical and cultural attributes of the site. The integrity of existing historic sites or structures on the National Register of Historic Places shall not be endangered by the development.
N.
Architectural design compatibility with surrounding areas.
O.
The proposed use (either in operation or construction) shall not cause erosion or drainage problems. The Planning Board may specify conditions to alleviate such situations.
§ 305-19 Industrial and commercial site plan review criteria.
Commercial and Industrial uses shall meet the following site plan review criteria, in addition to the appropriate criteria listed above, when specified for site plan review in Article IV, Schedule I.
A.
Such uses shall meet the off-street parking and loading requirements of Article VI, Supplemental Regulations.
B.
Such uses shall not produce high volumes of polluting wastes as identified under State Environmental Conservation Law and specified by the New York State Department of Environmental Conservation.
C.
Any manufacturing, fabricating or servicing related to the operation must take place within a building designed to accommodate the use.
D.
Materials used in the manufacturing, fabricating or servicing operation may be stored outside the building accommodating the use; provided, they shall be arranged in a neat and orderly fashion and shall be enclosed by a fence at least five feet in height so as to prohibit unauthorized entrance by children and individuals. The outside storage area shall not be larger than the square footage of the first floor of the building used to house the operation. The Planning Board may require enclosure of such materials involved in such an operation if it deems the materials to be offensive, from a visual or health standpoint. The Board shall establish reasonable enclosure standards.
E.
The use shall be setback a sufficient distance from neighboring residential property to reduce any possibly land use conflicts, traffic problems, noise, dust, odors, unsightliness, or other unhealthy/objectionable conditions. The Board shall determine the status of these conditions and establish the setback requirement accordingly. The Board may also impose various screening techniques (i.e., plantings, fences, etc.) of such character that alleviates or reduces these conditions.
F.
The use shall not produce exterior noise levels that are detrimental to off-lot residential areas. Such levels shall not exceed 90 deb at off-lot locations.
G.
There shall be no on-lot burning or landspreading of solid or liquid wastes, unless in accordance with state and local laws.
§ 305-20 Additional site plan review uses and criteria.
Following is a more specific list of uses which are identified for site plan review criteria. Particular criteria is associated with the respective uses and they must comply with these, in addition to the appropriate criteria previously listed in this article.
B.
Multiple dwellings.
(1)
Traffic access. All on-site traffic access roads shall be composed of all-weather materials and shall be built to Village Highway standards. The interior roadways shall enter or exit onto state, county or local highways only with the permission of those respective Highway Departments. Such entrances or exits shall not be closer than 50 feet to street corners. Visibility on interior roadways or at exits and entrances shall not be impeded so as to cause unsafe traffic conditions as determined by the Village Planning Board. Any of these conditions may be waived or altered by the Planning Board.
(2)
Circulation and parking. That the interior circulation system is not congested and allows the concurrent flow of entering and exiting traffic. As stated above, the surface shall be of all-weather material, as specified by the Town Highway standards. There shall be two parking spaces for each dwelling unit. All units shall have ready access to the interior roadways and parking spaces. No interior public roadway shall be closer than 10 feet to any building. Any of these conditions may be waived or altered by the Planning Board.
(3)
Arrangement of buildings. That adequate provision has been made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.
(4)
Proper landscaping. Within one month of such construction, or at least by September 1, the bare grounds must be seeded. Where construction takes place later than this date or it is impractical to seed the site shall be mulched to reduce erosion until seeding can take place. Where adjacent land use districts or uses are of a commercial, industrial or business nature the Board may require that proper screening and buffer zones be required to reduce noise, dust and disturbances.
(5)
Certificate of occupancy. No certificate of occupancy shall be issued for any such building or buildings, unless the proposed use conforms in all respects to the site plan and the conditions stated herein.
(7)
Recreation space. There shall be provided on the site of such a use an area or areas devoted to the joint recreational use of the residents thereof. Such recreation space shall consist of an area not less than 25% of the total living space of all dwelling units served.
(8)
Drainage. Drainageways on the lots and at the interior or public roadsides shall be constructed so as to handle the capacity flows at any given time. The Soil Conservation Service or the respective Highway Department may be contacted to provide technical assistance on the size of the drainageway or culverts therein.
(9)
Lighting. Exterior lighting shall be adequate to promote safety in the parking areas and on-lot adjacent to the multiple dwelling.
(10)
Each dwelling unit shall have at least 300 square feet of interior floor space.
C.
Hotels, motels and resorts.
(1)
Traffic access. Roads adequate in grade, width, alignment, visibility and properly related to other nearby traffic circulation considerations to meet Village standards.
(2)
Off-street parking. There shall be provided on the site of such development an area or areas devoted to the parking of automobiles. The required number of off-street parking spaces shall be determined from the Off-Street Parking Schedule.
(3)
Exterior lighting and signs. Illuminated signs and other exterior lighting shall be directed away, or shielded from, adjacent residential properties in such a manner as not to disturb the occupants thereof.
(4)
Proper landscaping. Where adjacent land use is residential in nature and within 50 feet of the property line buffer zones shall be required to eliminate visibility, noise, and dust from the use. The area shall be seeded before September 1, or if this is impossible, mulched until seeding can take place.
(5)
Open space. A minimum of 25% of the site shall be developed as open space. Parking areas and vehicle access facilities shall not be considered in calculating open space.
(6)
Such uses shall have a minimum area of 150 square feet of rentable space for each unit, exclusive of bathroom facilities.
(7)
Each rentable unit shall include a minimum of one bedroom and a shower or bathroom with toilet.
D.
Mobile home park.
(1)
An applicant who proposed to construct a mobile home park shall state that he, as agent or owner, shall be responsible for the proper maintenance and upkeep of the proposed park, and shall furnish the following information as part of the site plan review application:
(a)
Boundaries of plot areas.
(b)
Entrances, exits, walkways and parking spaces.
(c)
Mobile home sites or lots.
(d)
Method and plan of garbage disposal.
(e)
Electric lighting.
(f)
Owners and operators name and address.
(g)
Compliance with New York State Health Department regulations.
(h)
On-lot drainage proposals.
(2)
A mobile home park must meet the following criteria:
(a)
A mobile home park shall have an area of not less than four acres, and no mobile home or service building shall be closer to a street line than 55 feet or other property line than 30 feet.
(b)
The park shall be located on a well drained site, properly graded to insure rapid drainage and free from stagnant pools of water.
(c)
The park shall have an adequate entrance road at least 24 feet wide. The roadway shall be constructed of all-weather materials as specified by the Village.
(d)
Individual mobile home lots shall have an area of not less than 5,000 square feet with a minimum width of 50 feet and a minimum depth of 100 feet.
(e)
The total number of mobile home lots shall not exceed seven per gross acre.
(f)
Side and rear property lines shall be densely planted with trees and shrubs.
(g)
Mobile home parks which accommodate 25 or more mobile homes shall provide at least one recreation area consisting of at least 10% of the gross site area of the mobile home park.
(h)
Refuse shall be disposed of in a manner acceptable to the Village and to the New York State Health Department or other appropriate State agency. There shall be no on-lot exposed garbage, junk or other wastes. Each lot shall have a garbage can and weekly refuse pickup shall be assured.
(i)
A mobile home shall be so placed on each lot that it shall be a distance of at least 20 feet from any mobile home in such park.
(j)
Each mobile home park shall provide weatherproof electric service connections and outlets for each lot, all such connections and outlets to be of a type approved by the New York State Fire Underwriters.
(k)
Lighting shall be provided along park roadways and walkways to insure safety for residents. It shall meet Village standards.
(l)
The entire park shall be landscaped to insure a sightly appearance. Individual lots shall be graded and seeded. They shall be mowed on a regular basis.
(m)
Requirements for individual mobile homes found elsewhere in this chapter shall be adhered to for mobile homes in parks as well.
(n)
All mobile homes or modular homes located in the park shall be placed on concrete pads or solid concrete/block foundation.
E.
Shopping centers. A proposed shopping center development shall be in accordance with a unified site plan and architectural scheme. A site plan proposal showing: layout of center, occupancy commitments, parking, drainage, utilities, landscaping, walkways, and other similar features shall be provided by applicant.
(1)
Off-street parking shall meet the requirements outlined for store groups in the off-street parking requirements of Article VI, Supplemental Regulations.
(3)
The Planning Board shall determine the appropriate set- back distance from adjacent residential property lines based upon such conditions as traffic, noise, odor, dust and other environmental characteristics of the use. The Board may require screening (i.e., plantings, fences, etc.) of such nature as to reduce or eliminate such unfavorable characteristics.
(4)
Access patterns (both on-lot and exiting/entering onto the public thoroughfares) shall not cause safety hazards. The Planning Board shall review and approve such plans.
F.
Public utility facility.
(1)
Such uses shall include the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies of: underground or overhead gas, electrical, steam or water transmission generation or distribution systems; electronic communications apparatus; solid waste transfer sites; sewage treatment plants, etc., and other similar equipment and accessories used in connection therewith for the furnishing of adequate services for the public health or safety or general welfare.
(2)
The location, design, noise and operation of such facility shall not adversely affect the character of any nearby residential area.
(3)
Adequate fences, barriers and other safety devices shall be provided around such new uses at a height of at least six feet.
(4)
Such new uses shall be setback at least 150 feet from the nearest residential lot line. This shall not apply to existing uses or additions thereto.
G.
Individual mobile homes (replacement of).
(1)
Mobile homes shall be skirted with an all-weather, solid material around the entire carriage base. This shall be so placed as to prevent the wind from circulating under the floor of the mobile home.
(2)
All mobile homes shall be anchored to at least six "tie-down points." The cable, strapping and other anchoring devices used for such tiedowns shall be of sufficient carrying strength to hold 4,800 pounds in place.
(3)
All mobile homes shall be placed on a concrete pad or permanent foundation.
(4)
The Planning Board must review replacement to insure appropriate screening, clearance to lot lines, fire protection safety, etc. If these safety conditions are not met the Board may reject such an application.