Ballston Spa City Zoning Code
ARTICLE VI
Site Plan Review
§ 205-19 Purpose of site plan review.
In all districts, site development plan (referred to hereinafter as "site plan") approval by the Planning Board shall be required for:
A.
The erection or enlargement of all buildings in all districts other than one-, two- or three-family residences or uses accessory thereto.
B.
All uses of vacant land other than use customarily accessory to one-, two- or three-family residences.
C.
Any change in use, tenancy or intensity of use, except that of one-, two- or three-family residences, which will affect the characteristics of the site in terms of parking, loading, access, drainage, utilities or other Village services as determined by the Building Inspector.
(1)
In all cases where any amendment of any site plan is proposed, the applicant must also secure the approval of the amendment by the Planning Board. If the action is subject to site plan approval, no building permit may be issued until an approved site plan or amendment of any such plan is secured by the applicant and presented to the Planning Board. In the event that a building permit is denied, the application, therefore, shall be referred to the Planning Board who shall determine, in the first instance, whether or not the action is subject to site plan review. No certificate of occupancy may be issued for any building or use of land within the purview of this subsection unless the building is constructed or used or the land is developed or used in conformity with an approved site plan or an amendment of any such plan.
D.
Initial determination of whether any such erection, enlargement, uses or changes have occurred or will occur respecting any particular premises shall be made by the Building Inspector. If the Building Inspector finds the same will occur, he/she shall refuse issuance of any requested or necessary building permit. If the Building Inspector finds the same have already occurred, he/she shall issue appropriate notice and proceed with enforcement in the manner described in Article XII.
§ 205-20 Objectives.
In reviewing site plans, consideration shall be given to the public health, safety, welfare, comfort and convenience of the public in general, of the residents of the proposed development and of the immediate neighborhood in particular. Appropriate conditions and safeguards as may be required to further the expressed intent of this chapter and the accomplishment of the following objectives in particular may be prescribed by the Planning Board.
A.
That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
B.
That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use, and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services.
C.
That the drainage system and layout proposal will afford an adequate solution to any drainage problems.
D.
That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and that the general landscaping of the site is such as to enhance the character of the Village and is in character with that generally prevailing in the neighborhood.
E.
That sewage disposal facilities and water supply are adequate.
F.
That all living trees over eight inches in diameter, measured four feet above the base of the trunk, shall be retained to the maximum extent possible.
G.
That building facades are compatible with the surrounding area.
H.
That site lighting and signage are proper.
I.
That the site plan is in conformance with appropriate portions of this chapter.
J.
That the architectural features and the location of dimensions of buildings are compatible with those of the surrounding area.
[Added 6-22-1998 by L.L. No. 1-1998]
§ 205-21 Procedures.
A.
At least two weeks in advance of the Planning Board meeting, a complete site plan application shall be submitted to the Planning Board, together with the appropriate fee in accordance with the fee schedule established by the Village Board of Trustees.[1] The Board shall make a determination as to the completeness of the application. Until an application is deemed complete, the Planning Board shall take no action on the project. The Board shall act on the complete site plan application no later than the date of the second regular meeting after submission of the complete application.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
B.
Any approval issued by the Board shall be effective so long as the applicant secures a building permit within 120 days of such issuance.
§ 205-22 Submission requirements.
The applicant will be required to submit seven copies of a complete application for site plan approval with seven copies of the site plan. The site plan shall be drawn to a scale not smaller than one inch to 40 feet and shall show the following:
A.
The name of the development, date, North point, scale, name and address of the owner, name of persons responsible for preparation of the site plan, Tax Map lot and block number.
B.
The location, showing adjacent property owners, location, height and size of all existing and proposed buildings on the lot and immediately adjacent thereto, existing and proposed elevation of building and curbs and lot dimension.
C.
Provisions for off-street parking and off-street loading. All parking spaces shall be numbered, and the total number of spaces and total square footage of parking shall be shown on the site plan. The site plan shall identify both customer and off-street parking spaces.
D.
Boundaries of the property, building setback lines, easements and the location and type of utilities, both above and below ground, if any.
E.
Existing and proposed drainage facilities and sewer and waterlines, including dimensions and type of material.
F.
Proposed and existing highway, street and interior curbing, including type of construction materials.
G.
The location and width of proposed driveway and curb cuts.
H.
The location of all existing driveways within 200 feet of the lot.
I.
Directional arrows on pavement indicating flow of traffic.
J.
Proposed screening and landscaping, site lighting and commercial and direction signage (i.e., traffic control signs).
K.
The total area of the site and coverage of the site by all buildings.
L.
A written description of any commercial or industrial operations in sufficient detail to indicate the effects of those operations in producing noise, glare, vibration, smoke, fumes, gas, dust, odor, fire hazards and explosion hazards, including reference to applicable federal and state regulations.
M.
The proposed number of shifts to be worked and the maximum number of employees on each shift.
N.
Building elevations, which are necessary to demonstrate the height, bulk and architectural appearance of any structures.
O.
Any other data or evidence that the Planning Board may require in order to make a determination.
§ 205-23 Powers of Planning Board.
The Planning Board is hereby authorized and empowered to require any changes, additions and/or deletions to the plan submitted by an applicant or to impose any condition or to require any applicant to do anything to take any step with respect thereto that will bring the proposed plan into conformity with the expressed objectives of this chapter. The results of the Planning Board's decisions shall be submitted to the Zoning Board of Appeals and Building Inspector/Zoning Enforcement Officer for their information. The Planning Board may waive any submission requirement under § 205-22 which it may deem unnecessary or inappropriate to the particular application.