Coxsackie Village City Zoning Code
ARTICLE X
Site Plan Approval
§ 155-61 Authority of Planning Board.
The Village Planning Board is hereby empowered to grant site plan approval in accordance with the provisions of § 7-725-a of the New York State Village Law and pursuant to the powers vested in the Village under the Municipal Home Rule Law. The Planning Board may review and approve, approve with modifications or disapprove site plans prepared to specifications set forth in this article.
Where it is deemed appropriate, the Village Planning Board may waive any submission criteria requirements for the approval, approval with modifications or disapproval of site plans submitted for approval. Such waiver may be exercised by the Planning Board in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan. The Planning Board shall make a written finding stating the reasons that the regulations were waived.
The Planning Board may impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met prior to the issuance of zoning permits or building permits by the Building Inspector/Code Enforcement Officer.
The Planning Board is hereby authorized to promulgate such rules, regulations and procedures as it deems reasonably necessary to administer the duties and responsibilities delegated to it by this article and any amendments thereto. Any such rules, regulations and procedures promulgated by the Planning Board must first be adopted by resolution of the Village Board and then filed in the Village Clerk's office before they shall become effective.
An eligible applicant for site plan review must be the owner, lessee or purchaser under contract for the involved parcel. A lessee and purchaser under contract must have the written permission of the current property owners to submit an application for site plan review.
§ 155-62 Land use activities requiring review.
Applicability or review requirements. All new land use activities within the Village shall require site plan review and approval before being undertaken, except the following:
Ordinary landscaping or grading that is not conducted in connection with land use reviewable under the provisions of this chapter.
Construction of ordinary accessory structures and related land use activities.
Ordinary repair or maintenance or interior alterations to existing structures or uses.
Exterior alterations or additions to existing structures that would not increase the square footage of the existing structure by more than 25%.
Effect on existing uses. This chapter does not apply to uses and structures that are lawfully in existence as of the date this chapter becomes effective. Any use which would otherwise be subject to this chapter that has been discontinued for a period of one year or more or abandoned shall be subject to review pursuant to the terms of this chapter before such use is resumed. Any use or structure shall be considered to be in existence, provided that the same has been substantially completed as of the effective date of this chapter and fully constructed and completed within one year from the effective date of this chapter.
Relationship of this chapter to other laws and regulations. To the extent that this chapter conflicts with any site plan rules previously adopted by the Planning Board, this chapter shall control.
§ 155-63 Sketch plan.
A sketch plan conference shall be held between the Planning Board and the applicant to review the basic site design concept and generally determine the information to be required on the site plan. At the sketch plan conference, the applicant should provide the data discussed below in addition to a statement or rough sketch describing what is proposed:
Area map: an area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
Topographic map: a map of site topography at no more than two-foot contour intervals. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two feet of elevation is recommended.
Aerial photograph showing the parcel under consideration for site plan review and all properties within 200 feet of the boundaries thereof.
§ 155-64 Application for site plan approval.
An application for site plan approval shall be made, in writing, to the Building Inspector/Code Enforcement Officer and shall be accompanied by information drawn from the following checklist, as determined necessary by the Planning Board at the sketch plan conference. All site plans shall be prepared by an engineer or architect licensed in New York State, unless specifically waived by the Planning Board pursuant to § 155-61B. Plans shall also be submitted electronically in GIS or CAD format.
Site plan checklist:
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
North arrow, scale and date.
Boundaries of the property, plotted to scale.
Existing watercourses.
Grading and drainage plan, showing existing and proposed contours.
Location, design, type of construction, proposed use and exterior dimensions of all buildings.
Location, design and construction materials of all parking and truck-loading areas, showing access and egress.
Provision for pedestrian access, including sidewalks and street furniture.
Location of any outdoor storage, loading areas and/or dumpsters.
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
Description of the method of sewage disposal and location, design and construction materials of such facilities.
Description of the method of securing public water and the location, design and construction materials of such facilities.
Location of fire and other emergency zones, including the location of fire hydrants.
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
Location, size and design and construction materials of all proposed signs.
Location and proposed development of all buffer areas, including existing vegetative cover.
Location and design of outdoor lighting facilities.
Designation of the amount of building area proposed for retail sales or similar commercial activity.
General landscaping plan and planting schedule.
An estimated project construction schedule and phasing sequences.
Record of application for and approval status of all necessary permits from state, federal and county officials.
Identification of any state or county permits required for the project's execution.
Other elements to the proposed development as considered necessary by the Planning Board, including, within reason, engineering plans to illustrate grading plan, public or private utilities systems, sewer and water facilities, and such other supporting data as may be necessary, and identifications of any federal, state or county permits required for the project's execution.
Additional requirements. In addition to the above, the Planning Board may require the applicant to submit additional information to aid in rendering a decision. Additional information may include, but is not limited to:
Traffic study to show impact of project on existing traffic patterns.
On-site testing for water quantity and/or quality.
Study to review the potential for air pollution when a use is identified as releasing possible pollutants.
Study to indicate the project's impact on groundwater and adjacent watercourses in regard to increased water runoff and/or release of effluent to a nearby stream.
Project's impact on existing public services such as ambulance services, fire service, hospitals, utilities and schools.
Required fee. An application fee shall be required for site plan review and approval as set by the Village of Coxsackie Fee Schedule.
§ 155-65 Planning Board review.
General considerations. The Planning Board's review shall include, as appropriate, but not be limited to, the following:
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
Location, arrangements, appearance and sufficiency of off-street parking and loading.
Location, arrangement, size, design and general site compatibility of buildings as required in § 155-47, Design standards.
Adequacy of stormwater and drainage facilities.
Adequacy of water supply and sewage disposal facilities.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation as required in § 155-48, Landscaping and buffering.
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
Adequacy of fire lanes and other emergency zones and the provisions of fire hydrants.
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
Adequacy of protection for and compatibility with any adjacent historic resources as identified by the Village of Coxsackie and the New York State and federal registers of historic places.
Consultant review. The Planning Board may consult with the Building Inspector/Code Enforcement Officer, fire commissioners, Conservation Council, Highway Superintendent, other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation. The cost of private consultants retained to assist in the review of applications, excluding the cost of an environmental impact statement, up to 1% of the final proposed cost of the project under consideration, shall be charged to the applicant.
§ 155-66 Determination of complete application and SEQRA.
Before determining whether an application for a site plan is complete, the Planning Board shall decide whether [under the State Environmental Quality Review Act ("SEQRA"), Environmental Conservation Law, Article 8; and Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York or 6 NYCRR Part 617] the application requires the preparation of an environmental impact statement ("EIS"). No application for site plan review shall be deemed complete until the project has been determined to be a Type II action, a negative declaration (the Board's determination that the project does not have any potentially significant adverse environmental impacts and therefore does not require the preparation of a draft environmental impact statement) has been issued or a draft EIS has been accepted by the Planning Board or the lead agency as satisfactory with respect to scope, content and adequacy. In making a determination of significance, the Planning Board shall follow the procedures described in 6 NYCRR 617.6 and 617.7. With respect to the preparation of the environmental assessment form ("EAF"), the applicant shall submit the EAF with Part I completed; the Planning Board shall complete Part II, and Part III, if required, prior to making a determination of significance. Where the Planning Board has prepared or caused to be prepared a draft EIS and the draft EIS has been accepted as satisfactory with respect to scope, content and adequacy, the timeframes for review of the application and decisionmaking shall be governed by 6 NYCRR 617.9 and 617.11 (or any successor regulations) in place of the timeframes specified in this chapter.
§ 155-67 Public hearing; notice.
Public hearing.
[Amended 3-14-2016 by L.L. No. 1-2016]
The Planning Board shall conduct a public hearing on the site plan. Such hearing shall be held within 62 days of the date that the Planning Board determines that the application for site plan review is complete and shall be advertised in the Village's official newspaper or, if there is none, in a newspaper of general circulation in the Village at least five days before the public hearing. Where the Planning Board has prepared or caused to be prepared a draft EIS, the public hearing shall commence no less than 15 calendar days and no more than 60 calendar days after the filing of the notice of completion of the draft EIS by the Planning Board or the lead agency pursuant to 6 NYCRR 617.12(a). Where the Planning Board has prepared or caused to be prepared a draft EIS, the notice of public hearing shall be published at least 14 calendar days in advance of the public hearing.
The applicant is responsible for mailing notices of the public hearing to interested landowners of the affected property so that the notice is received at least 10 days prior to the public hearing. "Interested landowners" are those persons who own properties located within 500 feet of the affected property and all adjoining property owners. Notices must be sent return receipt, and the green return cards must be filed with the Planning Board prior to the public hearing.
If review by the Greene County Planning Board is required under General Municipal Law § 239-m, the Planning Board shall mail notice of the hearing to the Greene County Planning Board at least 10 calendar days before the hearing.
§ 155-68 Planning Board action.
Within 62 days of the receipt of an application for site plan approval (including required information indicated in § 155-64), the Planning Board shall render a decision. In the event that a public hearing is held, the Planning Board shall render a decision within 62 days of the public hearing.
Approval. Upon approval of the site plan and payment of all fees and reimbursable costs due the Village, the Planning Board shall endorse its approval on a copy of the site plan and shall forward such copy to the Building Inspector/Code Enforcement Officer.
Approval with modification. Upon approval of the site plan, with modifications enumerated by the Planning Board on an accompanying resolution, and payment of all fees and reimbursable costs due the Village, the Planning Board shall endorse its approval on a copy of the site plan and shall forward such copy to the Building Inspector/Code Enforcement Officer.
Disapproval. Upon disapproval of the site plan, the Planning Board shall so inform the Building Inspector/Code Enforcement Officer, and the Building Inspector/Code Enforcement Officer shall deny a building permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and the reasons for its disapproval.
§ 155-69 Referrals.
At least 10 days before the hearing on an application for site plan review, the Planning Board shall mail a notice thereof to the Greene County Planning Board, if required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law.
§ 155-70 Performance guarantee.
Performance guarantee and inspection of improvements. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Village Board but may include a letter of credit or performance bond. The Zoning Inspector, or, if not the Zoning Inspector, then such other duly authorized person or persons as designated by the Village Board, shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board and other officials and agencies, as appropriate.
§ 155-71 Amendments.
All proposed amendments to the site plan review law not originating with the Planning Board, originating by petition or by motion of the Village Board shall be referred to the Planning Board for a report and recommendation thereon. The Planning Board shall submit its report within 30 days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to constitute a recommendation for approval of the proposed amendment.
§ 155-72 Integration of procedures.
Whenever the circumstances of proposed development require compliance with this chapter and with any other local law, ordinance or requirement of the Village, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this chapter with the procedural and submission requirements for such other compliance.