Dryden Village City Zoning Code
ARTICLE XV
Site Plan Review
§ 350-99 Site Plan Review Board (SPRB).
[Amended by L.L. No. 3-1990]
A.
Establishment.
(1)
There is hereby established a Site Plan Review Board (herein sometimes referred to as SPRB).
(2)
The Site Plan Review Board function is hereby delegated to the Village Planning Board.
B.
Purpose.
[Amended by L.L. No. 3-1996; 4-24-2003 by L.L. No. 2-2003; 9-21-2006 by L.L. No. 1-2006]
(1)
The purpose of this subsection is to assure that commercial and industrial development and development for multiple residence purposes within the Village is accomplished in an orderly fashion and to provide a review and approval process for the layout and design of proposed commercial and industrial development and multiple residences within the Village.
(2)
This section shall apply to the following parcels located in areas zoned for commercial, industrial and/or multiple residence purposes and to parcels in residential zones on which are located preexisting, nonconforming ("grandfathered") uses:
(a)
Vacant and/or unimproved parcels;
(b)
Parcels on which an existing building has been damaged by fire and/or other causes to the extent of more than 75% of its assessed value;
(c)
Parcels on which it is proposed to remove or demolish an existing building, buildings and/or any other related site improvements (including landscaping) and to reconstruct new facilities;
(d)
Parcels on which an existing building, buildings and/or any other related site improvements (including landscaping) is/are proposed to be altered or expanded;
(e)
Parcels on which the use of an existing building, buildings and/or any other related site improvements is proposed to be changed, altered or expanded; and
(f)
Parcels on which one or more multiple dwellings are proposed.
(3)
This section shall also apply to all properties in residential zones for which a use variance is sought to authorize commercial, industrial and/or multiple residence purposes.
(4)
No building permits for such development shall be issued without compliance with the provisions of this section.
C.
Decisions.
(1)
The Site Plan Review Board has the authority under this section to review and approve, approve with modifications, or disapprove site plans submitted to it under the provisions of this section. The site plan review process applies to allowed uses in Commercial Business Districts, Industrial Districts and Multiple-Residence Districts.
(2)
Within five days of rendering of a decision, the SPRB shall file one copy of that decision with the Village Clerk and one copy shall be mailed to the applicant.
D.
Actions directed by the site plan review board.
(1)
Within five days after a decision by the Site Plan Review Board, the Zoning Officer and Code Enforcement Officer must take the action as directed by the Board.
(2)
Those actions are to issue or to issue with modifications or disapprove a building permit.
(3)
A letter from the Site Plan Review Board notifying the applicant that issuance of a permit has been directed serves as an interim permit.
E.
Appeals of decisions by the Site Plan Review Board.
(1)
Any person aggrieved by any decision of the Site Plan Review Board may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
(2)
Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the Village Clerk.
F.
Site plan review and approval.
(1)
Applicability. The procedures set forth in this section apply to certain facilities and activities identified in Subsection B above.
(2)
Sketch plan conference. A sketch plan conference shall be held between the Zoning Officer and the Director of Public Works and the applicant to review the basic site design concept and generally determine the information to be required on the preliminary site plan. At the sketch plan conference, the applicant shall provide the following data:
(a)
A statement or rough sketch describing what is proposed.
(b)
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.
(c)
A map of site topography at no more than five-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 shall also be provided. Immediately following the sketch plan conference, copies of the above materials shall be provided to the Site Plan Review Board.
(3)
Application for site plan approval. An application for site plan approval shall be made in writing to the Zoning Officer and the Code Enforcement Officer on a form supplied by the Village Clerk and shall include the following:
(a)
Site plan checklist.
[1]
Title of drawing, including name and address of applicant and person responsible for preparation of the drawing;
[2]
North arrow, scale, and date;
[3]
Boundaries of the property plotted to scale;
[4]
Existing watercourses, including floodway and 100-year floodplain;
[5]
Grading and drainage plan, showing existing and proposed contours;
[6]
Location, design, construction materials, proposed use, and height of all buildings and structures;
[7]
Location, design, and construction materials of all parking and truck loading areas, showing access and egress;
[8]
Provision for pedestrian access and handicapped access;
[9]
Location of outdoor storage, if any;
[10]
Location, design, and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls, and fences;
[11]
Description of the methods of waste disposal and the location, design, and construction materials of such facilities;
[12]
Description of the method of securing water and the location, design, and construction materials of such facilities;
[13]
Location of fire and other emergency zones, including the location of fire hydrants;
[14]
Location, design, and construction materials of all energy collection and distribution facilities, including but not limited to electrical, gas, solar and wind energy;
[15]
Location, design and construction materials of all communication facilities, including but not limited to telephone, cable, radio, satellite and microwave;
[16]
Location, size, and design and construction materials of all proposed signs;
[17]
Location and proposed development of all buffer areas, including existing vegetative cover;
[18]
Location and design of outdoor lighting facilities;
[19]
Designation of the amount and location of building area proposed for each activity type;
[20]
General landscaping plan and planting schedule;
[21]
Other elements integral to the proposed development as considered necessary by the Zoning Officer and Code Enforcement Officer, including identification of any federal, state, or county permits required for the project's execution and proximity to designated historic sites;
[22]
Detailed sizing and material specifications for all required improvements;
[23]
Estimated project construction schedule;
[24]
The names and addresses of all owners of real property within 200 feet of the boundaries of the proposed facility and/or activity;
[25]
Proposed hours of operation.
(b)
Required fee. An application for site plan review and approval shall be accompanied by a fee set forth on the Village of Dryden Fee Schedule, which Fee Schedule may be established by resolution and thereafter amended from time to time by resolution of the Village Board of Trustees.
[Amended 2-16-2012 by L.L. No. 2-2012]
(4)
Review of site plan. The Zoning Officer and the Code Enforcement Officer shall review the preliminary site plan. The review shall include, as appropriate, the following:
(a)
General considerations.
[1]
Adequacy of stormwater and drainage facilities;
[2]
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding, and/or erosion;
[3]
Location, arrangement, size, design and general site compatibility of buildings, lighting, and signs;
[4]
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, and traffic controls;
[5]
Location, arrangement, appearance and sufficiency of off-street parking and loading;
[6]
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic, and overall pedestrian convenience and safety;
[7]
Adequacy of water supply and sewage disposal facilities;
[8]
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants;
[9]
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features;
[10]
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;
[11]
The impact of the facility and/or activity on structures designated as landmarks by either the federal, state or county governments or structures of locally recognized historical or architectural significance.
(b)
Consultant review. The Site Plan Review Board may consult with the local fire departments, local and county officials, private consultants, the Natural Resources Conservation Service, the State Department of Transportation, the State Department of Environmental Conservation and other agencies as needed.
(c)
Referral to county planning agency. When required by General Municipal Law § 239-m and prior to making their recommendation to the SPRB, the Zoning Officer and Code Enforcement Officer shall refer the Site Plan to the County Planning Agency for advisory review and report in accordance with § 239-m of the General Municipal Law. When referral is required under this section, the time in which the Zoning Officer and Code Enforcement Officer must make their recommendation to the SPRB shall be 35 days of the acceptance of receipt of the application and site plan.
(d)
Action after review.
[1]
After review of the application and site plan and after consultation with the appropriate representatives pursuant to Subsection F(4)(b) and after referral to the County Planning Agency when required, the Zoning Officer and Code Enforcement Officer shall make a recommendation to the SPRB with respect to the issuance of a zoning permit and a building permit.
[2]
Such recommendation shall be made in writing within 20 days of the acceptance of the application containing all required information, the required fee and the required site plan. The recommendation shall include a copy of the application and site plan together with any conditions for approval or modifications deemed appropriate by the Zoning Officer and Code Enforcement Officer.
[3]
Initial review.
[a]
The date on which the SPRB receives a recommendation from the Zoning Officer and Code Enforcement Officer is the date of completion of the initial review of the site plan.
[b]
At such time as the Zoning Officer and the Code Enforcement Officer make their recommendations, they shall notify by mail all the owners of real property within 200 feet of the boundaries of the proposed facility and/or activity. Such notification shall include a statement that the SPRB has accepted an application and site plan for review and the recommendation of the Zoning and Code Enforcement Officer with respect to that application and site plan, and that the SPRB will make a decision on such application and site plan within 62 days. Such notice shall also include such other information as may help apprise the owners of the proposed facility and/or activity.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(5)
Action on site plan recommendations.
(a)
Within 62 days after the date of completion of their initial review of the accepted site plan, the Site Plan Review Board shall present its findings. The SPRB's action shall be in the form of a written statement to the applicant (with a copy to the Village Board) stating whether or not the preliminary site plan is approved, disapproved or approved with modifications, and/or conditions. If no decision is made within the sixty-two-day period, unless an extension thereof acceptable to the proposer and SPRB is agreed to, the site plan shall be considered approved.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(b)
The Site Plan Review Board's statement may include conditions or modifications, if any, to be incorporated as a condition of approval. If the site plan is disapproved, the Site Plan Review Board's statement shall contain the reason for such findings. In such a case, the Site Plan Review Board may recommend further study of the site plan and resubmission to the Site Plan Review Board after it has been revised or redesigned.
(c)
The Site Plan Review Board may conduct a public hearing on the preliminary site plan. If a public hearing is considered desirable by the SPRB, the public hearing shall be conducted within 62 days of the acceptance of the application for preliminary site plan approval. The Site Plan Review Board shall mail notice of said hearing to the applicant at least 10 days before such hearing, and shall give public notice of said hearing in a newspaper of general circulation in the village at least five days prior to the date thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(6)
Submission of final detailed site plan.
(a)
After receiving approval, with or without conditions and/or modifications, from the SPRB on a site plan, the applicant shall submit within 10 days of the decision by the SPRB a final, detailed site plan to the Zoning Officer and Code Enforcement Officer for approval and issuance of the zoning permit and building permit pursuant to the direction of the SPRB.
(b)
The site plan submitted to the Zoning Officer and Code Enforcement Officer shall conform to the site plan approved by the SPRB. It shall incorporate any modifications or conditions that may have been included by the SPRB in its approval.
(7)
Reimbursable costs. Costs incurred by the Site Plan Review Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant upon prior written notification. Payment shall be made to the Village of Dryden prior to issuance of building permit. If the Village of Dryden Fee Schedule, which Fee Schedule may be established by resolution and thereafter amended from time to time by resolution of the Village Board of Trustees, includes a maximum amount for the reimbursable costs that can be charged to the applicant as provided for in this subsection, such reimbursable costs charged to the applicant shall not exceed such maximum amount set forth in the Village of Dryden Fee Schedule.
[Amended 2-16-2012 by L.L. No. 2-2012]
(8)
Performance guarantee. 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 SPRB after consultation with the Zoning Officer, Code Enforcement Officer, Village Superintendent, or other competent persons. Such performance guarantee shall be in a form sufficient to the Village Attorney.
(9)
Inspection of improvements. The Zoning Officer and Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with Public Works Officials and other officials and agencies, as appropriate.
(10)
Integration of procedures. Whenever the particular circumstances of a proposed development require compliance with either the special use procedure in this section or the requirements of the subdivision regulations, the SPRB shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.