Avon Village City Zoning Code
ARTICLE XII
Site Plan Review
§ 30-121 Site plan review required for certain uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Prior to the issuance of a building permit for new development in any district, except for a one- or two-family dwelling and related accessory uses or a general farming or nursery use permitted by right, the Zoning Enforcement Officer shall require the preparation of a site plan. The Zoning Enforcement Officer shall refer the site plan to the Board of Trustees for its review and approval in accordance with the standards and procedures set forth in this article. Pursuant to Village Law § 7-725-a, the Planning Board is hereby authorized to review sketch plans and hold sketch plan conferences with applicants to review the basic site, design, concept and generally determine the information to be required in the preliminary site plan.
§ 30-122 Sketch plan requirements; conference.
A sketch plan conference shall be held between the Planning Board and applicant to review the basic site design concept and generally determine the information to be required on the preliminary site plan. At the sketch plan conference, the applicant should provide the data discussed below in addition to a statement or rough sketch describing what is proposed.
A.
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
B.
A map of site topography at contour intervals of no more than five feet. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and topographic map showing contour intervals of not more than two feet of elevation should also be provided.
§ 30-123 Application for preliminary site plan approval.
An application for preliminary site plan approval shall be made in writing to the Zoning Enforcement Officer and shall be accompanied by information drawn from the following checklist, as determined necessary by the Planning Board at the sketch plan conference.
A.
Preliminary site plan checklist. The Zoning Enforcement Officer shall forward a copy of the preliminary site plan to the Planning Board with a request that a report be submitted to the Board of Trustees as provided in § 30-124B.
(1)
Title of drawing, including name and address of applicant and person responsible for preparation of drawing;
(2)
North arrow, scale and date;
(3)
Boundaries of the property plotted to scale;
(4)
Existing watercourses;
(5)
Grading and drainage plan showing existing and proposed contours;
(6)
Location, proposed use and height of all buildings;
(7)
Location, design and construction materials of all parking and truck loading areas showing access and egress;
(8)
Provision for pedestrian access;
(9)
Location of outdoor storage, if any;
(10)
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences;
(11)
Description of the method of sewage disposal and location, design and construction materials of such facilities;
(12)
Description of the method of securing public water and location, design and construction materials of such facilities;
(13)
Location of fire and other emergency zones, including location of fire hydrants;
(14)
Location, design and construction materials of any energy distribution facilities, including electrical, gas and solar energy;
(15)
Location, size, design and construction materials of all proposed signs;
(16)
Location and proposed development of all buffer areas, including existing vegetative cover;
(17)
Location and design of outdoor lighting facilities;
(18)
Designation of the amount of building area proposed for retail sales or similar commercial activity;
(19)
General landscaping plan and planting schedule; and
(20)
Other elements integral to the proposed development as considered necessary by the Board of Trustees, including identification of any state or county permits required for the project's execution.
B.
Required fee. An application for preliminary site plan review and approval shall be accompanied by a fee. Fees should be determined by the Village Board of Trustees according to the fee schedule. No further fee is required at the final detailed site plan stage.
§ 30-124 Board of Trustees' review of preliminary site plan.
The Village Board of Trustees' review of a preliminary site plan shall include, as appropriate, but is not limited to, the following:
A.
General considerations.
(1)
The relation of the proposed project to the long-range, comprehensive, master or general plan of development of the Village.
(2)
The need for the proposed project at the present time.
(3)
The compatibility of the proposed project with adjoining land uses and with other proposed development, having particular reference to is probable effect on the value of other land and to the adequacy of features intended to promote public health, safety and welfare and the general purposes of this chapter.
(4)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(5)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(6)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(7)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(8)
Adequacy of stormwater and drainage facilities.
(9)
Adequacy of water supply and sewage disposal facilities.
(10)
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.
(11)
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(12)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(13)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(14)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
B.
Consultant review.
(1)
The Board of Trustees may consult with the Zoning Enforcement Officer, Planning Board, Superintendent of Highways and other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies including, but not limited to, the Natural Resources Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
(2)
The Planning Board shall submit a written report evaluating the preliminary site plan, which may include recommendations of desirable modifications, within 45 days of the receipt of the application for preliminary site plan approval.
C.
Public hearing. The Board of Trustees shall conduct a public hearing to the preliminary site plan. Such public hearing shall be within 62 days of the receipt of the application for preliminary site plan approval and shall be advertised in a newspaper of general circulation in the Village at least five days before the public hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 30-125 Board of Trustees' action on preliminary site plan.
A.
Within 62 days of the date of the public hearing, the Board of Trustees shall act on the application for preliminary site plan approval. If no decision is made within said sixty-two-day period, the preliminary site plan shall be considered approved. The Board of Trustees' action shall be in the form of a written statement stating whether or not the preliminary site plan is approved, disapproved or approved with modifications. The written decision of the Board of Trustees shall immediately be filed in the office of the Village Clerk and a copy thereof mailed to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The Board of Trustees' statement may include recommendations of desirable modifications to be incorporated in the final site plan and conformance with said modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Board of Trustees' statement will contain the reasons for such findings. In such case, the Board of Trustees may recommend further study of the site plan and resubmission to the Board of Trustees after it has been revised or redesigned.
§ 30-126 Procedure for final site plan approval.
A.
Submission. After receiving approval, with or without modifications, from the Board of Trustees on a preliminary site plan, the applicant shall submit a final, detailed site plan to the Board of Trustees for approval. If more than six months has elapsed since the time of the Board of Trustees action on the preliminary site plan and if the Board of Trustees finds that conditions may have changed significantly in the interim, the Board of Trustees may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
B.
Conformance with preliminary site plan. The final site plan shall conform substantially to the approved preliminary site plan. It should incorporate any modifications that may have been recommended by the Board of Trustees in its preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
C.
Required additional information. The following additional information shall accompany an application for final site plan approval:
(1)
Record of application for and approval status of all necessary permits from state and county officials;
(2)
Detailed sizing and final material specification of all required improvements; and
(3)
An estimated project construction schedule.
D.
Required referral. Prior to taking action on the final site development plan, the Board of Trustees shall refer the plan to the County Planning Board for advisory review and a report in accordance with § 239-m of the General Municipal Law. Where required, notice will be provided to adjoining municipalities pursuant to General Municipal Law § 239-nn.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 30-127 Board of Trustees' action on final site plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Within 62 days of receipt of the application for final site plan approval, the Board of Trustees shall render a decision to the Zoning Enforcement Officer. If no decision is made within the sixty-two-day period, the final site plan shall be considered approved.
A.
Approval. Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due to the Village, the Board of Trustees shall endorse its approval on a copy of the final site plan and shall forward such copy to the Zoning Enforcement Officer.
B.
Disapproval. Upon disapproval of the final site plan, the Board of Trustees shall so inform the Zoning Enforcement Officer and the Zoning Enforcement Officer shall deny a building permit to the applicant. The Board of Trustees shall also notify the applicant in writing of its reasons for disapproval.
§ 30-128 Costs; performance guarantee.
A.
Reimbursable costs. Costs incurred by the Board of Trustees for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant, not to exceed $50 per acre or fraction thereof.
B.
Performance guarantee. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Board of Trustees after consultation with the Zoning Enforcement Officer, Superintendent of Highways or other competent authority.
§ 30-129 Inspection of improvements.
The Zoning Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Superintendent of Highways and other officials and agencies, as appropriate.
§ 30-130 Integration of procedures.
Whenever the particular circumstances of a proposed development require compliance with the special use procedure in this chapter, the requirements of Chapter 31, Subdivision Regulations, of the Village Code, or environmental quality review, the Board of Trustees shall attempt to integrate, as appropriate, site plan review as required by this article with the procedural and submission requirements for such other compliance.
§ 30-130.1 Use of improvements.
[Added by L.L. No. 3-1987]
No improvements constructed pursuant to a building permit issued after final site plan approval has been granted shall be used or occupied until the Zoning Enforcement Officer issues a certificate of occupancy.
§ 30-130.2 Failure to comply with site plan.
[Added by L.L. No. 3-1987]
The failure of the applicant to construct all required improvements in accordance with the final site plan within the time period and upon the terms and conditions stated in the decision of the Board of Trustees approval the final site plan or to comply with any provision of this article shall constitute a violation pursuant to Article XI of this chapter and the applicant shall be subject to the penalties provided therein in addition to such other remedies as provided by law.
§ 30-130.3 Amendment of final site plan.
[Added by L.L. No. 1-1988; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If the applicant can demonstrate good cause for the failure to construct all improvements in accordance with the final site plan or the necessity, based upon new evidence, to amend the final site plan, the Board of Trustees may permit the amendment of the final site plan. Prior to taking action on the amended final site plan, the Board of Trustees shall refer the amended plan to the County Planing Board for advisory review and a report in accordance with § 239-m of the General Municipal Law and to the Village Planning Board; in addition, notice will be provided to adjoining municipalities pursuant to General Municipal Law § 239-nn where required. If approved, the Board of Trustees shall endorse its approval on the amended final site plan and shall forward such copy to the Zoning Enforcement Officer. If disapproved, the Board of Trustees shall so inform the applicant in writing of its reasons for disapproval.