Brownville Village City Zoning Code
ARTICLE V
Site Plan Review
§ 88-23 Purpose; statutory authorization.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It is recognized that there are certain land uses that are likely to result in adverse impacts upon the surroundings unless certain design features are employed. The purpose of the site plan review procedure is to allow flexibility in both the review and development of those uses specified for such review in Schedule I, Use Controls, and Schedule II, Dimensional Controls,[1] of this chapter, while simultaneously ensuring that the above-mentioned adverse impacts can be successfully avoided.
[1]
Editor's Note: Schedule I, Use Controls, and Schedule II, Dimensional Controls, are included as attachments to this chapter.
Pursuant to the authority of § 7-725-a of the 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 procedure 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.
§ 88-24 Procedure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Application for site plan review shall be made to the Village Planning Board on a form prescribed by the Village. This form shall contain enough information to apprise the Board of Appeals of the character and intent of the proposal and may include the following:
The name and address of the applicant and authorization of owner if different from applicant.
The name and address of the person or firm preparing the plan and map.
The current zoning classification of the property, including exact zoning boundary if in more than one district.
The property boundary line plotted, with distances, angles and area shown.
North arrow, scale and date.
Locations, widths, construction types and names of existing and proposed adjacent streets, walkways, etc. Traffic circulation directions shall be plotted.
A written description of the proposed use, including all activities.
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.
Listing (and map plotting) of significant or outstanding natural features of property (e.g., wetlands, creeks, high-water lines, cliffs, dense vegetation, etc.).
Listing of other local, state and federal permits necessary to have the development completely operational, as proposed.
Utility standards to be used (i.e., water, sewer, electric, etc.).
Location of all proposed and existing drainage facilities.
Type of construction materials to be used.
Curb cuts and other traffic accessways plotted on the map.
Location and type of signs.
Landscaping plan.
Project construction schedule and staging phases, if applicable.
Type of outdoor lighting and any public address system.
Height of buildings/structures and location of fences, walls, etc.
Other features required by the Planning Board to ensure complete understanding.
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 or criteria and other zoning matters. The Planning Board shall honor this request and convene such a conference.
Once a completed application has been formally received by the Planning Board the Board shall have a maximum of 124 days (from the date of receipt) to review and approve, approve with conditions or disapprove the proposal. If no decision has been rendered by the Board within that time the action will be deemed approved.
Within 62 days from the application receipt by the Planning Board, a public hearing shall be held on the proposal to entertain public comment. At least five days advance public notice of the hearing shall be published in the official newspaper.
The final decision by the Planning Board must be made within 62 days following the hearing, 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.
The Planning Board shall refer all site plan review matters that fall within those areas specified under General Municipal Law, Article 12-B, § 239-m, to the County Planning Board prior to their hearing and vote thereon. All filing provisions of General Municipal Law Article 12-B, § 239-m, shall be adhered to.
Notification of adjoining municipalities of site plan review and approval for property within 500 feet shall be given where required by General Municipal Law § 239-nn.
The Planning Board may require a performance bond to cover the development impact on Village public improvement costs, bond approval and other Village liabilities incurred.
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.
§ 88-25 General criteria.
The following is a list of performance site plan review criteria against which the quality of the development proposal must be assessed. The Planning Board may specify certain standards in line with these criteria, with which the developer must comply. The Board shall not be limited to reviewing and setting criteria only in the following areas. For additional guidance, use-specific criteria are found in § 88-26 of this article.
Adequacy and arrangement of safe vehicular traffic access and circulation, including intersections, road widths, curb cuts, channelization structures and traffic controls. Such facilities must be constructed to Village specifications and standards.
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrians 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.
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 III, as a guide.
Location, arrangement, size and design of buildings, lighting and signs.
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 ensure a sightly appearance. This shall ensure adequate vegetative ground cover to eliminate erosion and promote aesthetics. Trees shall be retained where possible.
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.
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding, ponding and/or erosion. Construction specifications may be required.
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features from conflicting uses.
Conformance with other specific intents of this chapter.
All uses subject to site plan review must conform to the dimensional requirements outlined in Schedule II, Dimensional Controls.[1]
[1]
Editor's Note: Schedule II, Dimensional Controls, is included as an attachment to this chapter.
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.
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.
Architectural design compatibility with surrounding areas.
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.
A draft stormwater prevention plan (SWPPP) as defined by and consistent standards of the Village of Brownville Stormwater Management and Erosion and Sediment Control Law, where required.
[Added 3-14-2017 by L.L. No. 2-2017]
§ 88-26 Standards for specific uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Multifamily dwellings.
Site plan specifications. Application for multiple dwellings shall require the submission of a site development plan to the Planning Board (hereafter referred to as the "Board"). Said plan or plans as submitted to the Board are required to show all structures, roadways, pathwalks, parking areas, recreation areas, utility and exterior lighting installations and landscaping on the site. All existing structures and usages within 200 feet of site boundaries and any other elements as may be deemed essential by the Board shall also be depicted. The sketch plan shall show dimensions of the buildings on the lot, the lot boundaries and the distances from the buildings to all lot lines.
Before approving the site plan, the Board shall ensure that the following criteria are observed;
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 local Board. Any of these conditions may be waived or altered by the Board.
Circulation and parking. The interior circulation system shall not be congested and shall allow the concurrent flow of entering and exiting traffic. As stated above, the surface shall be of all-weather material, as specified by the Village Highway Department. All such areas shall be constructed to Village 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 20 feet to any building. Any of these conditions may be waived or altered by the Board.
Arrangement of buildings. Adequate provision shall be 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.
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.
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.
Motels.
Traffic access. Roads adequate in grade, width, alignment, visibility and properly related to other nearby traffic circulation considerations to meet Village standards shall be provided.
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.[1]
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.
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.
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.
Such uses shall have a minimum area of 150 square feet of rentable space for each unit, exclusive of bathroom facilities.
Each rentable unit shall include a minimum of one bedroom and a shower or bathroom with toilet.
(Reserved)
Large equipment sales and rental.
Such sales and rental operations shall be located at least 50 feet from the nearest residential lot line.
When within 200 feet of a residential structure, such operations shall be screened from adjacent residential property by a fence, hedge or other planting or structure so as not to be visible from the adjacent property.
The lot where the products are displayed and the parking spaces on-lot shall be constructed of all-weather (e.g., gravel, paved, etc.) materials.
Building supply sales and storage yards.
Such operations shall be at least 50 feet from the nearest residential lot line.
When within 200 feet of a residential structure, such operations shall be screened from adjacent residential property by a fence, hedge or other planting or structure so as not to be visible from the adjacent property.
The lot where products are stored and parking is situated shall be constructed of all-weather (e.g., gravel, paved, etc.) materials.
Public and private recreation facilities.
They shall be located at least 50 feet from a lot or street line.
If it is a commercial facility and is intended to serve a membership or clientele over 25 people on a regular basis the facility shall not be closer than 100 feet from a residential lot line.
Appropriate screening to reduce noise and dust shall be required when such a commercial use is adjacent to a residential lot. This screening may include fencing or hedges of appropriate density.
Off-street parking spaces shall be provided in compliance with the off-street parking requirements of this chapter.
Drive-in theaters.
Each drive-in theater shall consist of at least three acres.
Each theater shall be attractively landscaped.
Each theater shall be so located that the noise, lights and traffic will not adversely impact neighboring residential areas.
Each screen shall be at least 500 feet from the nearest residential lot line.
Traffic access and egress from the theater shall be by separate driveways. Interior roadways shall be appropriately marked for traffic direction.
Light industrial operations.
Such uses shall meet the off-street parking and loading requirements.
Such uses shall not employ more than 25 people.
Such uses shall not produce high volumes of polluting wastes, as identified under State Environmental Conservation Law.
Any manufacturing, fabricating or servicing relating to the operation must take place within a building designed to accommodate the use.
Materials used in the manufacturing, fabricating or servicing operation may be stored outside the building accommodating the use; however, they must be arranged in a neat and orderly fashion and not be randomly scattered around the lot. 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 use shall be at least 200 feet from the nearest residential property line.
Small retail and service establishments.
Any manufacturing, fabricating, or servicing related to the operation must take place within a building designed to accommodate the use.
Materials used in the manufacturing, fabricating or servicing operation may be stored outside the building accommodating the use; however, they must be arranged in a neat and orderly fashion and not be randomly scattered around the lot. The outside storage area shall not be larger than the square footage of the first floor of the building used to house the operation.
One identification sign shall be permitted and shall not exceed nine square feet in area. It shall meet all other pertinent sign regulations found elsewhere in this chapter.
The small commercial use must be at least 100 feet from the nearest neighboring residential lot (off-premises from the small commercial lot).
The small commercial use shall be in keeping with other similar uses permitted in the district and shall not conflict with neighboring residential and agricultural uses.
Automobile service stations and public garages.
All motor vehicle service stations shall be so arranged and all gasoline and/or fuel pumps shall be so placed as to require all servicing on the premises no closer to any street pavement edge than 10 feet. No gasoline pump shall be placed closer to any side property line than 30 feet.
All junk waste and servicing materials shall be stored within a structure or enclosed within fencing so as not to be visible from off the property.
Underground tanks shall be not less than 20 feet from the property line.
Entrance and exit driveways shall be located at least five feet from any side or rear property line.
Educational institutions.
All such institutions shall be located at least 100 feet from all neighboring property lines.
The use shall place screening between its use and adjacent to residential lots. This may be fencing or hedges and shall be of such density to reduce such conditions as mentioned above.
On-lot drainage shall not impact detrimentally on adjacent properties.
Traffic access to the site shall be of adequate capacity to handle exiting and entering traffic concurrently. All travel and parking surfaces shall be paved.
Adult uses.
All building openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic place.
Telecommunication tower site plan review.
[Added 10-6-1998 by L.L. No. 3-1998]
In addition to the other site plan review requirements described in § 88-25, an application for a telecommunications tower shall include the following information:
The location of all structures, trees exceeding four inches in diameter (measured at a height of four feet off the ground) and other significant and unusual features on the site and on any other adjacent property within 20 feet of the property line.
All information prepared by the manufacturer of the antenna or telecommunications tower, or the applicant for which the site plan review application is being sought, including, but not limited to, the following:
Documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antennas and justification for any land or vegetation clearing required.
A completed environmental assessment form (long form).
A completed visual environmental assessment form ("visual EAF"), and an analysis demonstrating that location of the telecommunications tower as proposed is necessary to meet the frequency, reuse and spacing needs of the applicant and to provide adequate service and coverage to the intended area. The Planning Board may require submission of a more detailed visual analysis based on the results of the visual EAF.
Shared use of existing towers shall be preferred to the construction of new towers. Where such shared use is unavailable, location of antenna on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to new construction.
The applicant shall be required to submit a report demonstrating its good faith efforts to secure shared use from existing towers as well as documenting capacity for future shared use of the proposed tower.
No site plan review application for the construction or modification of a telecommunications tower shall be approved unless the following criteria are satisfied:
Towers and antennas shall be set back a minimum of the height of the tower and any antennas or other fixture on top of the tower, plus 50 feet. All other structures, including guy wire anchors and accessory facilities, shall observe the required setbacks within the affected zone. Additional setbacks may be required by the Planning Board to contain on-site substantially all ice-fall or debris from tower failure and/or to preserve privacy of adjoining residential and public property.
All towers and accessory uses thereto shall be sited to have the least practical adverse visual effect on the environment. The use of any part of the telecommunications tower or any accessory use thereto for signs, promotional or advertising purposes is prohibited.
Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). All towers shall be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. Towers shall have a galvanized finish or be painted grey or green unless other standards are required by the FAA.
Accessory facilities shall maximize use of building materials, colors, and textures designed to blend with the surroundings.
Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the site plan application. Clear cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
The telecommunications tower and any accessory use thereto shall be screened, disguised or camouflaged to the extent that such alteration does not impair the ability of the facility to perform its designed function. The Planning Board shall require that the facility have appropriate vegetative buffering around the fences, accessory structures, and guy wire anchor points.
All telecommunication towers, accessory uses thereto, and guy anchors, if any, shall be enclosed by a fence not less than eight feet in height to protect them from trespassing and vandalism. The use of razor wire shall be prohibited.
A gated and locked road turnaround and two parking spaces shall be provided to assure adequate service and emergency vehicle access.
The applicant must comply with all applicable state and federal regulations, and must submit written evidence of such compliance.
The Board may request a review of the application by a qualified engineer in order to evaluate the need for, and the design of, any new tower.
The applicant shall agree, in writing, to remove the telecommunication tower if it becomes obsolete or ceases to be used for its intended purpose for 90 days, within 30 days of the receipt of a written notice from the Zoning Officer.
The applicant shall agree, in writing, to use its best efforts, within commercial reasonableness, to allow other entities to collocate antenna and other communication devices on the approved tower. Failure to commercially reasonably allow others such collocations shall be deemed a violation of this chapter and shall result in a revocation of the site plan approval and zoning permit.