Buchanan City Zoning Code
ARTICLE VII
Site Development Plan Approval
§ 211-25 Plan required; exceptions; conformance to approved plan.
A.
Site development plan required. The Building Inspector shall not issue a building permit for the construction or alteration of any structure or for the use of any land in accordance with § 211-48 of this chapter and no certificate of occupancy for the construction or alteration of any structure or for the use of any land in accordance with § 211-49 of this chapter, until the Planning Board has approved a final site development plan or an amendment to a final site development plan in accordance with this article, other than the exceptions noted below.
B.
Exception to plan requirement. No such site development plan approval called for in Subsection A above shall be required for:
(1)
The erection, alteration or occupancy of one-family dwellings.
(2)
The erection and alteration of structures accessory to one-family dwellings or the use of structures and land as a use accessory to such dwellings.
(3)
The erection, alteration or occupancy of structures or the use of land identified as a special permit use in § 211-10 of this chapter.
(4)
The installation, construction or operation of any safety/security improvement.
[Added 12-15-2003 by L.L. No. 1-2003]
§ 211-26 Standards for review.
In considering the approval of the site development plan or an amendment to a final site development plan, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and shall make any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter and, particularly, in regard to achieving:
A.
Design. Harmonious relationships of principal and accessory structures and uses with the site, with each other and with adjacent properties and streets. Consideration shall be given to architectural design of buildings, signs and other structures and to the provision of off-street parking and loading areas, landscaping, buffering, open areas and exterior lighting.
B.
Access. Maximum safety and convenience of vehicular and pedestrian access to and egress from the site, as well as circulation within the site.
C.
Utilities. Water supply, stormwater drainage, sewage and solid waste disposal systems and layouts which afford the best solution to any potential problems.
D.
Environment. The avoidance or minimization of disturbance to wetlands and floodplains, air and water pollution and other potential environmental, engineering or aesthetic impacts.
E.
Conformance. Conformance of the proposed site development plan with the Master Plan and Official Map of the Village, with all applicable provisions of this chapter and with all other regulations and statutes governing the development of the proposed site.
§ 211-27 Contents of plan.
[Amended 8-5-2025 by L.L. No. 6-2025]
An application for approval of a site development plan or an amendment to a final site development plan shall be accompanied by a site development plan. The plan shall be drawn at a scale and on sheets of a size satisfactory to the Village Engineer and shall include the following information:
A.
Legal data.
(1)
The names and addresses of the owner and applicant and signed authorization of the owner.
(2)
The names of all owners of record of all adjacent property and the lot, block and section numbers of the site and adjacent property.
(3)
Existing school, zoning and special district boundaries.
(4)
The size of the property to be developed, as well as site boundaries showing dimensions and bearings as determined by a current survey; dimensions of yards along all property lines; and lines of existing streets, lots, reservations, easements and areas dedicated to public uses.
(5)
Reference to the location and conditions of any covenants, easements or deed restrictions that cover all or any part of the tract, as well as identification of the document where such covenants, easements or deed restrictions are legally established.
(6)
A schedule of minimum zoning requirements, as well as the plan's proposed compliance to them, including lot area, lot width, lot depth, lot coverage, yards, off-street parking and off-street loading.
(7)
A key map showing the location of the site with reference to surrounding properties, streets, etc., within 500 feet of the site.
(8)
A North arrow, written and graphic scales and date of original plan and all revisions, with notations identifying the revisions.
B.
Existing conditions.
(1)
The location of existing buildings, identifying first floor elevations and other structures.
(2)
The location of existing water supply, sanitary sewage disposal, stormwater, gas and electric facilities with pipe sizes, grades, direction of flow, etc., on the site.
(3)
The location of all the above utilities which are near the site and will be used or affected by development of the site.
(4)
Existing contours with intervals of two feet or less, referred to a Village datum.
(5)
The location of existing wetlands, regulatory floodplains, wooded areas, rock outcrops, single trees with a diameter of eight inches or more measured 4 1/2 feet above the ground and other significant existing features.
C.
Development data.
(1)
The title of the development and the name, address, telephone number, signature and seal of the engineer, architect or other qualified professional who prepared the site development plan.
(2)
The proposed use of land and structures and their proposed location, including proposed grades and first floor elevations.
(3)
All proposed lots, streets, easements and public and community areas.
(4)
All proposed means of pedestrian and vehicular access to and egress from the site onto adjacent streets.
(5)
The proposed location and design of any pedestrian circulation on the site and off-street parking areas and loading areas, including handicapped parking and ramps and including details of construction, surface materials, pavement markings and directional signs.
(6)
All proposed streets, with profiles indicating grading and cross sections showing the width of the roadway, the location and width of sidewalks and the location and size of utility lines, according to the standards and specifications contained in the street improvement specifications of the Village.
(7)
The location of all proposed waterlines, valves and hydrants and of all sewer lines.
(8)
Proposed erosion and sediment controls and stormwater drainage system.
(9)
The type, location, direction, power and time of operation of proposed outdoor lighting.
(10)
The proposed screening and landscaping, including a planting plan that identifies the type (scientific and common names), location, size and amount of plantings.
(11)
The location, height, materials, color and design, including construction details, of any proposed fences or walls.
(12)
The location, type, illumination, size, materials, color and design, including construction details, of proposed signs.
(13)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article XIV of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards set forth therein. The approved site plan shall be consistent with the provisions of this chapter.
§ 211-27.1 Reservation of parkland.
[Added 5-5-2014 by L.L. No. 3-2014]
A.
General standards.
(1)
Pursuant to the Village Law, the Planning Board may require that a site plan containing residential units also contain a park or parks suitably located for playground or other recreational purposes.
(2)
Before the Planning Board may require that land be reserved for park, playground or other recreational purposes, the Planning Board must make a finding that such requirement is warranted. Such a finding shall include an evaluation of the present and anticipated future needs for park and recreational purposes in the Village, based on the projected population growth to which the particular site plan will contribute.
B.
Ownership of park area. The ownership of reservations for park purposes shall be clearly indicated on the site plan and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance.
C.
Cash payment in lieu of reservation.
(1)
Where the Planning Board makes a finding that the proposed site plan presents a proper case for requiring a park or parks suitably located for playground or other recreational purposes, but that a suitable park or parks of adequate size cannot be properly located on such site plan, the Planning Board may require, as a condition to approval of the site plan, a payment to the Village of a sum of money determined by the Board of Trustees.
(2)
In making the determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood.
(3)
Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes pursuant to this section shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
(4)
Credit for land set aside in subdivision approval. Notwithstanding Subsections A through C of this section, if the land included in a site plan under review is a portion of a subdivision plat that has been reviewed and approved, the Planning Board shall credit the applicant for any land set aside for parkland or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
(5)
Where money in lieu of recreation land is accepted, the amount shall be calculated based on the per-dwelling-unit rate as set from time to time by resolution of the Board of Trustees.
§ 211-28 Inspection fees and bonds.
A.
As a condition of approval under this article, an inspection fee shall be paid to the Village of Buchanan in an amount determined necessary by the Planning Board, but not in excess of 5% of the estimated cost of constructing all private roads, sidewalks, water supply, sewerage and storm drainage systems, grading, landscaping and all other site improvements, not including building construction. Such fee shall be used to cover costs incurred by the Village in conducting inspections of such development as it progresses and upon completion.
B.
Before the site plan is signed by the Chairman of the Planning Board, the applicant shall be required to post a performance bond or other type of acceptable monetary guaranty which shall be in an amount determined by the Planning Board and Village Engineer and in a form satisfactory to the Village Attorney. Said bond or other monetary guaranty shall be sufficient to secure to the Village the satisfactory construction and installation of all required improvements. Said bond or other monetary guaranty shall comply with the performance bond requirements set forth in § 7-730, Subdivision 9, of the Village Law. The period within which required improvements must be completed shall be specified by the Planning Board and expressed in the bond or other monetary guaranty, but in no case for a period of more than three years unless the period is extended by the Planning Board with the consent of the parties. In those cases where the required improvements have not been completed within the specified time, the Planning Board or Village Board may thereafter declare said bond or other monetary guaranty to be in default and require that all improvements be completed regardless of the extent of the site development at the time the default is declared.
C.
In addition to the performance security, the Planning Board shall require the posting of a maintenance security. Said security shall guarantee the upkeep of the landscaping, screening and safety devices and ensure the general cleanliness and proper housekeeping of the grounds and environment of the site development plan. After a period of two years from the effective date of said maintenance security, if the applicant has satisfactorily complied with the above requirements, he shall be eligible, upon request, for the release of the security posted.
D.
The Planning Board, in its review of an application for preliminary layout or final subdivision approval, or preliminary or final site development plan approval as described in Chapter 171 or Chapter 211, may refer any such application to such engineering, environmental or other technical consultant as the Planning Board shall deem reasonably necessary to enable it to review such application as required by law. The charges made by such consultants shall be in accordance with charges usually made for such services in the metropolitan New York region or pursuant to an existing contractual agreement between the Village and such consultant. The applicant shall reimburse the Village for the cost of such consultant services upon submission of a copy of the voucher therefor. Such reimbursement shall be made prior to any Board action on the preliminary or final subdivision or site development plan application. Any reimbursement of fees for professional consultant services rendered may be extended for one period of 90 days upon written request made by the applicant demonstrating good cause as may be determined by the Planning Board. However, in no event shall any action or approval on any such pending application be determined until any and all such reimbursements have been made in full by the applicant.
[Added 4-18-2005 by L.L. No. 1-2011]
§ 211-29 Submission and review procedure.
A.
Presubmission. Prior to the submission of a formal site development plan, the applicant should meet with the Planning Board to discuss the proposed site development, its conformance with the Village Master Plan and Official Map, its compliance with Village regulations and its potential environmental impacts, if any. A sketch plan showing property boundaries, significant man-made and natural features on the site, such as buildings and wetlands, and the proposed development should be submitted, along with a nonrefundable sketch site development plan review fee, payable to the Village of Buchanan, in an amount as set from time to time by resolution of the Board of Trustees.
[Amended 2-7-2011 by L.L. No. 9-2011]
B.
Preliminary site development plan.
(1)
At least 14 days in advance of the Planning Board meeting at which a preliminary site development plan or an amendment of an approved final site development plan is to be submitted, 10 copies of the information enumerated in § 211-27 must be submitted to the Secretary of the Planning Board, along with 10 copies of the completed application form and related forms and a nonrefundable application fee, payable to the Village of Buchanan, in an amount as set from time to time by resolution of the Board of Trustees for each off-street parking space required for the proposed use as set forth in § 211-10, Schedule of Use Regulations,[1] but in no case less than an amount as set from time to time by resolution of the Board of Trustees when fewer than three parking spaces are required.
[Amended 2-7-2011 by L.L. No. 9-2011]
[1]
Editor's Note: The Schedule of Use Regulations, § 211-10, is included at the end of this chapter.
(2)
Within 60 days of receipt of the preliminary application and all accompanying material, the Planning Board shall call a public hearing on the preliminary application. Public notice of the hearing shall be given by publication in the official newspaper at least 10 days prior to the date of the hearing. Public notice shall also include the mailing, by certified mail, at least 10 days prior to the hearing, of the notice of hearing to all owners of property abutting and within 500 feet of the property which is the subject of the hearing. The applicant shall furnish stamped (certified mail) envelopes, addressed with each such property owner at the time of application. Public notice shall also include the display of a notice sign, provided by the Village, on all street frontages of the property at least 10 days prior to the hearing. Within 60 days after the closing of the public hearing, the Planning Board shall decide to approve, approve with modifications or disapprove the preliminary application. The decision of the Planning Board shall be filed in the office of the Village Clerk, and a copy of the decision shall be mailed to the applicant.
(3)
Any Planning Board decision to approve or approve with modifications a preliminary site development plan shall expire six months from the date of such decision, unless an application for final site development plan approval is submitted within that time period.
C.
Final site development plan.
(1)
An application for approval of a final site development plan or an amendment to an approved final site development plan, including a nonrefundable fee, shall be submitted in accordance with Subsection B(1). The application shall also include any formal offers of dedication to the Village of streets, recreation areas, public access, drainage, slope, sight and other easements in a form satisfactory to the Village Attorney. In addition, the application shall include proof of application to all federal, state and county agencies for any approvals by such agencies required for the submitted final site development plan or amendment.
(2)
The time periods within which the Planning Board shall hold a duly noticed public hearing and render a decision shall be the same as those established in Subsection B(2). The decision of the Planning Board on the final site development plan application shall be filed in the office of the Village Clerk, and a copy of the decision shall be mailed to the applicant.
(3)
Any Planning Board decision to approve or approve with modifications a final site development plan application shall lapse and become null and void unless a building permit shall be obtained within one year of the date of the Board's decision. Failure of the applicant to complete construction pursuant to the approved final site plan within three years of the granting of said approval shall render the approval null and void unless the conditions of approval have specifically provided for a longer period of time. All final site plans approved prior to the effective date of this section shall have no more than three years from the effective date hereof to complete construction unless the conditions of approval have specifically provided for a longer period of time. However, if said final site development plan approval is or has been rendered null and void in a shorter period of time by any other provision of this chapter or by a condition of approval, said shorter time period shall prevail, and this section shall not be deemed to extend such shorter time period.
(4)
The Chairman or, in his absence, the Vice Chairman and the Secretary of the Planning Board shall sign the final site development plan when they have determined that the final site development plan complies with the Planning Board's resolution of approval, including any modifications noted in the resolution and all requirements of this article. If the Chairman has not signed the final site development plan within six months after final approval due to the failure of the applicant to meet the requirements and conditions established by the Planning Board, said final approval shall be null and void. The Planning Board, at its discretion, may grant one additional period of time, not exceeding six months, for the applicant to meet said requirements.
§ 211-30 Waiver and modification of requirements.
Upon findings by the Planning Board that, due to special conditions peculiar to a site, certain of the procedures or information normally required as part of the site development plan review is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may modify or waive such requirements, provided that such modification or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site development plan submission, Official Map, Master Plan or this chapter.
A.
Modifications of required time periods. Such modification of procedures may include the reduction in the period of time for application submission prior to a Planning Board meeting and the extension of review periods and the length of the validity of a Board approval or approval with modifications, by mutual consent of the Board and the applicant.
B.
Waiver of preliminary site development plan. Such waiver of procedures may include the submission of a preliminary site development plan and public hearing on a preliminary site development plan when an applicant proposes an amendment to an approved site development plan that results in:
(1)
No addition to the usable space of the building.
(2)
No change in the amount or location of parking spaces, loading spaces, access to such spaces or buffers.
(3)
No change to the location, number, type, size or design of signs.
(4)
Continued compliance with all conditions of the final approval of the original site development plan that are still pertinent under the amended site plan.
C.
Waiver of public hearing on final plan. Such waiver of procedures may include the public hearing on the final site development plan application if the Planning Board deems the final site development plan to be in substantial agreement with the preliminary site development plan, as approved. Such waiver shall not be permitted if a waiver of the public hearing on the preliminary site development plan has been granted in accordance with Subsection B above.
D.
Modification of plan information requirements. Such modification of plan information requirements may include the elimination of certain information or the inclusion of additional information as deemed appropriate by the Planning Board.
§ 211-31 Appeals.
The Zoning Board of Appeals shall have jurisdiction on appeals from the decisions of the Planning Board in relation to site development plans in accordance with Article IX of this chapter.
§ 211-32 As-built plans.
Upon completion of construction, an as-built site development plan shall be submitted to the Secretary of the Planning Board which shall show all elements of the site as actually constructed. Except as provided in § 211-33 below, no certificate of occupancy shall be issued until the as-built plan has been reviewed by the Village Engineer and found to be in compliance with the approved final site development plan or amendment thereto.
§ 211-33 Temporary certificates of occupancy.
Where, in the opinion of the Village Engineer, the elements of an approved final site development plan or amendment thereto are substantially complete and, in the opinion of the Code Enforcement Officer, the structure or use meets the requirements of other applicable codes and ordinances, the Building Inspector may issue a temporary certificate of occupancy for a period of up to 45 days; such temporary certificate shall be issued subject to a suitable assurance that all required elements of the approved final site development plan or amendment will be completed as soon as practicable. Where the Building Inspector finds good cause, he may extend such temporary certificate of occupancy for one additional period of not to exceed 45 days.
§ 211-34 Legislative intent; supersession of Village Law.
This article is hereby adopted pursuant to § 7-725 of the Village Law of the State of New York.[1] Under the authority of Municipal Home Rule Law § 22, Subdivision 1, it is the intent of this section to supersede § 7-725 of the Village Law by expanding the powers and authority of the Planning Board and Zoning Board of Appeals regarding review and approval of site plans. However, nothing herein shall be construed to reduce or limit the powers or authority granted to the Planning Board by § 7-725, and it is the intent of this article that the Planning Board retain all such powers and authority.
[1]
Editor's Note: Section 7-725 of the Village Law was repealed by L. 1992, c. 694, § 3, effective 7-1-1993. See now § 7-725-a of the Village Law.