Cornwall On Hudson City Zoning Code
ARTICLE VI
Site Plan Review
§ 172-26 Submission of and compliance with site plan required.
In all cases of uses requiring the approval of site plans, no building permit or certificate of occupancy shall be issued, except in conformity with an approved site plan for the lot, and no certificate of occupancy for such use or structure shall be issued until all the requirements of such a plan and any conditions attached thereto have been met. Continued conformance with such a plan and such requirements shall be a condition of the continued validity of any certificate of occupancy issued. Revisions of such plans shall be subject to the same approval procedure.
§ 172-27 Meeting required prior to submission.
Prior to the submission of a site plan, the applicant shall meet in person with the Planning Board for the purpose of discussing proposed uses or development and to determine conformity with the provisions and intent of this chapter.
§ 172-28 Submission of plan and fees.
[Amended 11-17-1986 by L.L. No. 2-1986; 10-15-2007 by L.L. No. 4-2007]
Within six months following said meeting, the applicant shall submit for site plan review by the Planning Board the site plan, any supporting materials and a fee, in accordance with the fee schedule established by resolution of the Board of Trustees, except that if more than six months have elapsed, the Planning Board will require the applicant to attend another presubmission meeting. At least eight days prior to the submission of the site plan to the Planning Board, the applicant shall cause to be posted a notice of the pendency of an application before the Planning Board on the property subject to the application. Such posting shall include the date, time and place of the hearing, and any adjourned date thereof, and shall be near the public right-of-way so as to be visible and legible from the street or sidewalk.
§ 172-29 Contents and preparation of plan.
A.
The site plan submitted to the Planning Board shall be prepared by a legally qualified engineer, architect, landscape architect or surveyor and shall contain the following information:
(1)
A detailed development plan showing the applicant's entire property and adjacent properties and streets, at a convenient scale.
(2)
Location, width and purpose of all existing and proposed easements, restrictions, covenants, reservations and setbacks.
(3)
The proposed location, use and exterior design of all buildings and structures.
(4)
Any proposed division of buildings or structures into units of separate occupancy.
(5)
Existing topography and proposed grade elevations, watercourses, marshes, areas subject to flooding, wooded areas, rock outcrops and other existing features.
(6)
Location of all parking and truck loading areas, with access and egress drives thereto.
(7)
Location of outdoor storage areas, if any.
(8)
Location of all existing or proposed site improvements, including drains, culverts, retaining walls, fences and sidewalks.
(9)
Description of method of sewage disposal and water supply and the location of such facilities.
(10)
Location and size of all signs.
(11)
Location and proposed development of landscaping, screening and buffer areas.
(12)
Location and design of lighting facilities.
(13)
If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(14)
Any other pertinent information as may be necessary to determine conformity of the site plan with the intent and regulations of this chapter.
§ 172-30 Certification of submission of complete plan.
The Chairman of the Planning Board shall certify when all of the necessary materials have been submitted, including all required fees payable to the Village of Cornwall-on-Hudson. If all of the required materials and fees have not been received, the application shall not be considered as officially submitted.
§ 172-31 Approval procedure.
[Amended 10-15-2007 by L.L. No. 4-2007]
The Planning Board shall not act to approve or disapprove any site plan without first holding a public hearing within 60 days from the time that the Chairman of the Planning Board certifies that all necessary materials have been submitted. Such public hearing shall be subject to the following notice provision:
A.
Public notice shall be by publication in the official newspaper of the Village at least 15 days before the date of such hearing. In addition, the applicant shall cause to be posted a notice of the pendency of an application before the Planning Board on the property subject to the application. Such posting shall include the date, time and place of the hearing, and any adjourned date thereof, and shall be near the public right-of-way so as to be visible and legible from the street or sidewalk.
B.
In addition to such public notice, the applicant shall be required to mail notices at least 15 days before the date of said hearing to the owners of all properties abutting that held by the applicant and all other owners within 300 feet, or such additional distance as the Planning Board may deem advisable, from the exterior boundaries of the land involved in such application in the names of said owners appearing on the last completed assessment roll of the Village. Such notice shall be by certified mail, and the applicant shall furnish proof of compliance with the notification procedure. The published notice required by this section shall be issued by the Secretary of the Planing Board on order of the Planning Board or upon order of the Chairman of said Board, so as to expedite the public hearing on the application. The applicant shall pay the actual and necessary costs of advertising and holding a public hearing.
§ 172-32 Time limit for decision; filing.
The Planning Board shall act to approve or disapprove the site plan within 60 days after such public hearing. The decision of the Planning Board shall be immediately filed in the office of the Village Clerk and a copy thereof mailed to the applicant. The period may be extended by mutual agreement between the applicant and the Planning Board.
§ 172-33 Periodic review may be required.
The Board may require that site plan approval be periodically reviewed.
§ 172-34 Specifications to be considered.
In considering and acting upon any site plan, the Planning Board shall consider the site layout and overall appearance of all buildings in the proposed development so that they will have harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods; so that they will have no material adverse effect upon the desirability of such neighborhoods; and so that the purpose and intent of this chapter will be met, to the end that the value of buildings will be conserved and the most appropriate use of land will be encouraged. The following objectives, in particular, shall be accomplished:
A.
That all proposed traffic access and ways 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 and unloading berths are provided to prevent parking on public streets of vehicles of any person connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all off-street parking lots.
C.
That there is adequate space between structures on the lot and of setbacks from private driveways, if any, so as to assure ample light and air in the interests of the public health, safety and general welfare.
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 in character with that generally prevailing in the neighborhood. The Planning Board shall also consider public safety in determining the application of this standard.
§ 172-35 Required bond or cash deposit.
[Amended 11-28-1983 by L.L. No. 4-1983]
Prior to site plan approval, the applicant shall file with the Village Board a performance bond and/or cash deposit sufficient to cover the full cost of all improvements and treatment outlined on the site plan. The sufficiency of such bond or deposit shall be supported by estimates from contractors deemed reliable by the Village Engineer and/or Code Enforcement Officer.
§ 172-36 Changes to plan during construction.
[Amended 11-28-1983 by L.L. No. 4-1983]
If, during the course of construction, any conditions or other unusual circumstances are encountered which were not foreseen in the original planning, construction shall cease and such shall be reported to the Planning Board by the Village Engineer or Code Enforcement Officer for further review. The Planning Board shall, without unnecessary delay and after consultation with the Village Engineer, permit a modification thereof or issue specifications for the correction of the condition or conditions. The applicant shall then be permitted to resume construction. If, on the other hand, the Planning Board determines that such unforeseen conditions require major changes to an approved site plan, the applicant shall be required to file an amended site plan in accordance with the procedures required for initial applications. Any other unusual circumstances or conditions observed by the Village Engineer or Code Enforcement Officer shall be similarly treated, and all work to be done shall be in accordance with the approved site plan. No certificate of occupancy shall be issued for any development which has not been constructed in accordance with said site plan.
§ 172-37 Time limit for obtaining building permit.
Site plan approval shall become null and void if a building permit to effectuate such use or development is not obtained within six months. An extension may be granted by the Planning Board for a period not to exceed six months.