Dundee Village City Zoning Code
ARTICLE VIIA
Site Plan Review
[Added 9-14-2021 by L.L. No. 2-2021]
§ 138-39.14 Purpose.
A.
Through site plan review, it is the intent of this article to promote the health, safety and general welfare of the Village. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Village, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the village and the general welfare of its inhabitants.
B.
It is further the intent of this article to ensure the optimum overall conservation, protection, preservation, development and use of the natural and man-related resources of the Village by regulating land use activity within the Village through review and approval of site plans. It is not the intent of this chapter to prohibit per se any land use activity but to allow all land use activities which will meet the standards set forth in this chapter.
C.
The Board of Trustees is hereby charged with carrying out the review and approval functions provided in § 7-725-a of New York State Village Law: to review and approve, disapprove or approve with modifications and/or conditions site plan applications and the establishment of specified activities by resolution which shall constitute the Board of Trustees' decision. The applicant for a site plan review shall have the burden of demonstrating that the proposed regulated activity will be conducted in accordance with the standards and requirements set forth in the Code of the Village of Dundee.
(1)
All new land use activities within the Village shall require site plan review and approval before being undertaken, except the following:
(a)
Construction of one-family dwellings and ordinary accessory structures and related land use activities.
(b)
Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this chapter.
(c)
Ordinary repair or maintenance or interior alterations to existing structure or uses.
(d)
Exterior alterations or additions to existing structures which would not increase the square footage by more than 20%.
(e)
Nonstructural agricultural or gardening uses not involving substantial timber cutting (10 trees or more).
(f)
Garage, lawn and porch sales, flea markets, outdoor barbecued meat concessions, not exceeding five days per calendar year, not including Dundee Yard Sale Saturday.
(2)
Any person uncertain of the applicability of this article to a given land use activity may apply, in writing, to the Village Zoning Board of Appeals for a written jurisdictional determination.
§ 138-39.15 Applicability.
A.
Whenever the approval of a site plan is required by any provision of the State Law or the Code of the Village of Dundee, a proposed site plan must be submitted to the Board of Trustees for its review and approval, prior to issuance of any building permit.
B.
The above notwithstanding, no building permit shall be issued for any proposed improvements that would be in violation of use restrictions, required yard setbacks, lot coverage limits or any other provisions of this chapter or the New York State Fire Prevention and Building Construction Code or its successors or New York State Public Health Law.
§ 138-39.16 Site plan information required.
A.
Application for site plan review shall be made in writing to the Code Enforcement Officer on forms available from the Code Enforcement Office. Any additional forms required will be adopted by the Board of Trustees from time to time as needed. Such an application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the Code Enforcement Officer, including, but not limited to, a scaled site plan prepared to a scale of not smaller than one inch to 50 feet, and in sufficient detail and accuracy so as to accurately depict the placement of all component parts of project (including guy wires or enclosures) that contains the following minimum information:
(1)
All property lines including metes and bounds, rights of way and easements;
(2)
Any additional phases of the project;
(3)
Any other information deemed reasonable and necessary by the Board of Trustees in its consideration of the site plan application;
(4)
Existing and proposed contour levels at intervals of one foot or two feet for the property, the interval to be determined by the Board of Trustees based upon the size of the project site;
(5)
Existing and proposed overhead and underground utilities;
(6)
Location and type of all proposed utilities, including on-site water (wells) and wastewater facilities;
(7)
Location of public and private streets, roads and highways, rights-of-way and easements within and adjacent to the facility site;
(8)
Location of access drives, parking and pedestrian facilities, and off-street loading facilities;
(9)
Location of all existing streams or drainage ways, water bodies and wetlands;
(10)
Location of all state lands within 500 feet of this site;
(11)
Location of any floodplain areas designated by the National Flood Insurance Program;
(12)
Location of existing vegetation on the site of proposed landscaping;
(13)
Proposed landscaping, size, height and location of all signs and exterior lighting;
(14)
Proposed stormwater facilities;
(15)
The location of all existing and proposed buildings, structures, utility lines, sewers, water and storm drains on the property or within 200 feet of the proposed work site together with any proposed improvements on the site;
(16)
The location of all existing and proposed drainage patterns, drainage ways, swales, etc., within and/or adjacent to the property;
(17)
The location of all existing and proposed impervious surfaces, such as driveways, sidewalks, etc., on the property or within 200 feet of the proposed work site;
(18)
The location of all Town, county or state land or other similar areas within and/or adjacent to the property and the proposed access thereto;
(19)
The title of the drawing, including the name and address of the applicant and of the person responsible for preparation of such drawing;
(20)
The North arrow, scale and date.
B.
In addition to the above, the Board of Trustees may require other information related to the proposal, including, but not limited to:
(1)
A separate area map showing existing roads and highways adjacent to the project site, and including buffer areas and any Town Zoning District boundaries;
(2)
An historic and cultural resources study completed to standards set forth by the State Historic Preservation Office;
(3)
A separate elevation plan at a scale of 1/8 inch = one foot for all exterior facades of the proposed structure(s) and/or existing facades, plus addition(s) showing design features and indicating type and color of materials to be used;
(4)
A New York State Environmental Quality Review Act (SEQRA) Environmental Assessment Form, as determined at the sketch conference, with Part 1 filled out;
(5)
For projects that will disturb an acre or more of soil, a stormwater pollution prevention plan (SWPP) prepared by a qualified professional engineer and following the guidelines and regulations of New York State Department of Environmental Conservation;
(6)
Identification of any federal, state, or county permits required for the project's execution.
C.
The Board of Trustees reserves the right to request additional information related to the above submission materials as considered reasonably necessary and may choose to waive specific requirements in certain situations. Any waiver shall be noted in the minutes together with the reason(s) for such waiver. The application shall not be complete until so indicated by a motion duly adopted by the Board of Trustees.
D.
The Board of Trustees shall make a determination under SEQRA (see Environmental Conservation Law, Section 8-0013) and comply with the State Environmental Quality Review Act.
E.
Each application for a site plan review shall be accompanied by an application fee, as established from time to time by the Board of Trustees. This fee shall be in addition to any other fee required.
§ 138-39.17 Review criteria.
In granting or conditioning any approval for proposed site plans, the Board of Trustees shall consider (as appropriate), but shall not be limited to, the following:
A.
The location size, design and general site compatibility of proposed buildings, landscaping, lighting, open spaces and buffers and outdoor waste facilities;
B.
The location and adequacy of vehicular access and circulation, including intersections, road widths, pavement surfaces, off-street parking and loading areas, and traffic controls;
C.
The location and adequacy of pedestrian and bicycle access and circulation, and appropriate provisions for persons with disabilities;
D.
The potential effect of the proposed development on environmentally sensitive features within the site, such as stream courses, steep slope areas, mature woodlands, views, wetlands and other bodies of water;
E.
The potential effect of the proposed development on the drainage patterns on and off site, especially the impact of stormwater runoff from cleared forest areas, fields, steep slopes, roofs, parking areas, driveways, and other impervious surfaces;
F.
In the case of multiple residence site plans, location and adequacy of any proposed open space and recreational facilities;
G.
Protection of adjacent neighboring properties from any undue disturbance, such as may be caused by excessive or unreasonable noise, glare, shadow flicker, vapors, smoke, fumes, dust, odors and stormwater runoff;
H.
Compliance with this article and any other applicable laws, rules, regulations and policies;
I.
The adverse impact that the proposed development may have on existing views by that development requiring any daytime white-strobe or nighttime red-flashing illumination/marker aviation warning lights that would be visible;
J.
The proposed use is compatible with the character of land uses in the surrounding area and will not adversely impact the existing or anticipated future character of the surrounding neighborhood including viewsheds and scenic districts.
§ 138-39.18 Review process.
A.
Consultation. At their sole discretion, the Board of Trustees may consult with/retain agencies or individuals, including but not limited to the CEO, fire commissioners, highway superintendent, the Village's legal counsel, the Town's consulting engineer, the Village's consulting planner, individual professional consultants and/or engineers, other local, county, and regional officials in addition to representatives of federal and state agencies, including but not limited to, Yates County Soil and Water Conservation, the New York State Department of Transportation, the New York State Department of Environmental Conservation and the New York State Department of Health. Any expenses incurred by any consultation or professional services required by the Town for the review process shall be paid by the applicant. Applicant will be informed in advance, and made aware of the estimated cost. No permit or approval may be issued until such costs have been paid in full.
B.
Sketch plan conference. A sketch plan conference may be held between the Board of Trustees and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Board of Trustees of his proposal prior to the preparation of a detailed site plan and for the Board of Trustees to review the basic site design concept, to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant shall provide the following:
(1)
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features; anticipated changes in the existing topography and natural features; and where applicable, measures and features to comply with flood hazard and flood insurance regulations.
(2)
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, street, rights-of-way, easements and other pertinent features.
(3)
A topographic or contour map of adequate scale and detail to show site topography.
C.
Determination of complete application. The Board of Trustees will conduct a preliminary review of the proposed site plan no later than 62 business days from the receipt by the Village Clerk or their designee, of an application. The application will not be deemed complete until an adoption of a motion so stating by the Board of Trustees.
D.
Public hearing. Upon its determination that an application is complete by motion of the Board of Trustees, entered in the record the Board of Trustees shall hold a public hearing no later than 62 business days from said determination. The notice of public hearing shall be advertised by publication in a newspaper of general circulation within the Village upon five days' notice before the date of the hearing and posting at least five business days before the date of the public hearing.
E.
Decision. The Board of Trustees shall render a decision on the proposed site plan, within 62 days after the closing of the public hearing. The Board of Trustees' action shall be in the form of a written decision stating whether or not the proposal is approved, approved with modifications and/or conditions or disapproved. Such decision shall be executed by the Mayor. The decision may be in the format of a resolution.
(1)
Approval. Upon approval of the final proposal and payment by the applicant of all fees and reimbursable costs due to the municipality, the Board of Trustees shall adopt a resolution stating same and endorse its approval by signature or stamp on a copy of the final site plan and related supporting documents, and shall forward it to the Code Enforcement Officer. A copy of the resolution of approval shall be filed with the Village Clerk within five days of the adoption of the resolution by the Board of Trustees.
(2)
Conditional approval. The Board of Trustees' statement may include recommendations of desirable modifications to be incorporated in the final proposal, and conformance with specified modifications shall be considered a condition of approval.
(3)
Disapproval. Upon disapproval of a site plan, the Board of Trustees shall so inform the Code Enforcement Officer and the Code Enforcement Officer shall deny a permit to the applicant. The Board of Trustees shall also notify the applicant in writing of its decision and its reason for disapproval. Such disapproval shall be filed with the Village Clerk.
(4)
Every site plan review approved pursuant hereto shall include the following conditions:
(a)
The Village Code Enforcement Officer and/or other appropriate town official shall have the right to inspect the project at any time.
(b)
The constructed project approved by the site plan shall not deviate from said plan.
(c)
The permit holder shall notify the Code Enforcement Officer of the date on which project construction is to begin, at least five days in advance of such date.
(d)
The approved site plan shall be prominently displayed at the project site during the undertaking of the construction activities authorized by the plan's approval.
(5)
In the event that no decision is made within 62 calendar days following the conclusion of the public hearing, the proposal shall be considered approved as submitted.
(6)
In the event that the project has not been completed within one year, the site plan review approval shall terminate.
(7)
The decision of the Board of Trustees shall be filed with the Village Clerk within five days of that decision being executed by the Mayor.
§ 138-39.19 Submission of final detailed site plan.
A.
After receiving approval, with our without conditions, from the Board of Trustees on a site plan, the applicant shall submit the final, detailed site plan to the Code Enforcement Officer/CEO for verification before a building permit will be issued.
B.
The final site plan shall conform to the site plan that has been approved. It shall incorporate any conditions or modifications that were made by the Board of Trustees in its review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
C.
The following additional information must accompany a final site plan:
(1)
Record of application for and approvals of all necessary permits from federal, state and/or county officials;
(2)
Any changes or additions in sizing and final material specification of all required improvements; and
(3)
An estimated project construction schedule.
(4)
The Code Enforcement Officer shall be responsible for the overall inspection of site improvements.
§ 138-39.20 Waiver of requirements for site plan approval.
When considering a proposed site plan, whether it is a general site plan, preliminary site plan or final site plan, the Board of Trustees may waive one or more items or design details of the plan that are otherwise normally required to be shown on the plan, if in its discretion it is determined that the lack of such information is not a hindrance to the consideration of the proposed site plan. Any waiver shall be noted in the meeting minutes together with the reasons therefore.
§ 138-39.21 Modifications to approved site plans.
A.
If at any time subsequent to the approval of a final site plan by the Board of Trustees an applicant or property owner desires to modify the site plan as approved, an application with the revised site plan shall be submitted to the Code Enforcement Officer for consideration of approval by the Board of Trustees. The Board of Trustees shall hold a public hearing on said application of the proposed site plan modifications, and impose any conditions, modifications or additional requirements upon approval thereof as it may determine appropriate and the comprehensive plan.
B.
Notwithstanding the foregoing, if the proposed modifications of a site plan previously granted final site plan approval involves:
(1)
The shift of the location of one or more building or facility or structures a distance not exceeding 10 feet in any one direction from the location shown on the final site plan as approved, provided however that such a shift does not result in an encroachment on any required yard setback or buffer area; and
(2)
The proposed shift does not alter the location of any proposed points of ingress into or egress from the site, or proposed traffic flow within the site, or if the modification of final site plan approval involves:
(a)
Construction of or alteration to less than 500 square feet of interior space, or construction which results in the increase in the amount of square feet of an existing building or facility by less than 10%, whichever is less;
(b)
Construction, alteration or renovations to the exterior of a building or facility without any change in building footprint, provided said alterations do not affect the size and locations of windows or doorways, or are changes necessitated by the New York State Fire Prevention Code and Building Construction code or its successors;
(c)
Construction of or relocation of three or fewer parking spaces;
(d)
The proposed modification is not in violation of any conditions imposed by Board of Trustees in its original grant of final site plan approval, such modification may be made without approval by the Board of Trustees of a modified site plan.
§ 138-39.22 Performance guaranty.
No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. The sufficiency of such performance guaranty shall be determined by the Board of Trustees after consultations with the Code Enforcement Officer, Village Attorney and other appropriate parties.
§ 138-39.23 Appeals.
Any person aggrieved by any decision of the Board of Trustees or any officer, department, board or bureau of the Village may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of decision in the office of the Village Clerk.