Clyde Village City Zoning Code
ARTICLE VIII
Site Plan Review
§ 190-34 Uses requiring site plan review.
All other uses except one- and two-family dwellings and those explicitly stated in Article III for special permit shall require site plan approval by the Planning Board prior to the issuance of the building permit. The Code Enforcement Officer can request a site plan review by the Planning Board when he/she deems appropriate.
§ 190-35 General criteria and findings.
As a prerequisite to the approval of an application for site plan review, the following general findings shall be made:
A.
The proposed use is in compliance with all other applicable regulations of this chapter, inclusive of specific district controls and controls applicable to all districts and all other applicable local, state and federal regulations.
B.
The proposed use will not have an adverse impact upon the character or integrity of any land use within the immediate neighborhood having unique cultural, historical, geographical, architectural or other special characteristics.
C.
The proposed use is to be developed in such a way as to ensure maximum amenities available to the site based upon a consideration of the site plan and functional requirements of the proposed use.
D.
The proposed use is physically and visually compatible with and will not impede the development or redevelopment of the general neighborhood or adversely affect the existing land use in proximity to the subject site.
E.
The proposed use will be provided with adequate supporting services, such as fire and police protection, public and private utilities and all other supporting governmental services necessary and appropriate to the proposed use.
§ 190-36 Application for preliminary site plan approval.
Any preliminary application for site plan approval shall be made, in writing, to the Code Enforcement Officer and shall be accompanied by the following information prepared by a licensed engineer, architect, landscape architect or surveyor:
A.
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets, and easements adjacent to the applicant's property.
B.
If grades exceed 3%, or portions of the side have a moderate-to-high susceptibility to erosion or a moderate-to-high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided.
C.
A preliminary site plan, including the following information:
(1)
Title of drawing, including name and address of applicant.
(2)
North point scale and date.
(3)
Boundaries of the property plotted to scale.
(4)
Existing watercourses.
(5)
A site plan showing location, proposed use and height of all buildings; location of all parking and truck-loading areas, with access and egress drives thereto; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; description of method of sewage disposal and location of such facilities; location and size of all signs; location and proposed development of buffer areas; location and design of lighting facilities; and the amount of building area proposed for retail sales, if any.
§ 190-37 Factors for consideration.
A.
The Planning Board's review of a preliminary site plan shall include but is not limited to the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(2)
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.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Location, arrangement, size and design of buildings, lighting and signs.
(5)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between these and adjoining lands.
(6)
In the case of an apartment house or multiple dwelling, the adequacy of usable open space for playgrounds and informal recreation.
(7)
Adequacy of stormwater and sanitary waste disposal facilities.
(8)
Adequacy of structures, roadways and landscaping in areas with moderate-to-high susceptibility to flooding and ponding and/or erosion.
(9)
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(10)
Location, number and design of points of ingress and egress.
(11)
Provision for snow storage.
(12)
Age and mobility of all persons for whose benefit the use is intended.
B.
Controls for vehicular and pedestrian movement.
(1)
Controls for vehicular and pedestrian movement are designed to provide for the safety of the general public and the occupants, employees, attendants and other persons for whose benefit the use is intended. In making this determination, consideration shall be given to but need not be limited to the following:
(a)
Location and adequacy of parking and loading facilities.
(b)
Pedestrian right-of-way.
(c)
Traffic regulatory devices.
C.
In making a determination as to compliance with any one or more of the general findings set forth in § 190-35A above, consideration shall be given but need not be limited to the following elements:
(1)
Geometric characteristics of all structures and related improvements.
(2)
Aesthetic characteristics, including design, texture, materials, colors and illumination.
(3)
Physical attributes of the site, including size, shape, elevation, topography and natural vegetation.
D.
In its review, the Planning Board may consult with the Village Engineer and other Village and county officials, as well as with representatives of federal and state agencies, including the Natural Resources Conservation Service and the New York State Department of Environmental Conservation. The Planning Board may require that the exterior design of all structures be made by, or under the direction of, a registered architect whose seal shall be affixed to the plans.
§ 190-38 Modifications.
The Planning Board may require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.
§ 190-39 Action on application.
A.
The Planning Board's statement may include recommendations as to desirable revisions to be incorporated in the final site plan, of which conformance with shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission of the preliminary site plan to the Planning Board after it has been revised or redesigned.
B.
No modification of existing stream channels, filling of lands with a moderate-to-high susceptibility to flooding, grading or removal of vegetation in areas with a moderate-to-high susceptibility to erosion, or excavation for and construction of site improvements, shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of this chapter, and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
§ 190-40 Performance bond required.
In approving the site plan, the Planning Board shall require that the applicant first furnish a performance bond, letter of credit or certified check, to be approved by the Planning Board, for the purpose of guaranteeing the completion of such items as set forth in the site plan as will affect the public interest, such as but not limited to drainage, streets, recreational areas, shade trees or shrubbery and required landscaping, off-street parking, loading and unloading zones, artificial lighting, sidewalks, curbs and driveways.
§ 190-41 Waiver of requirements.
The Planning Board may waive any of the requirements or details specified to be shown on the site plan in any given application if the Planning Board determines that certain requirements or specifications are not necessary to be shown in order to ensure that the said plan conforms to the standards of good planning and will have no deleterious effect on the neighboring properties and indicates sufficient materials to assure adequate protection of the health, welfare and safety of the people of the Village.