Fort Edward Village
City Zoning Code
City Zoning Code
ARTICLE IX
Site Plan Review
§350-9-1 Introduction.
This article is enacted and to be construed in accordance with § 7-725-a of the Village Law.
A.
Intent and purpose. The overall purpose of the site plan review is to plan for the design of commercial, residential and industrial development when it occurs on a single parcel of land and to assess the suitability of the proposed development to the natural conditions of the site and compatibility with surrounding uses. Through site plan review, it is the intent of this article to promote the health, safety and general welfare of the inhabitants of the Village. It is also the intent of this article to ensure the conservation, protection, preservation, development and use of the natural and man-made resources of the Village through the review and approval of site plans. Toward that end, this article provides a means for the Village to:
(1)
Conserve its resources and promote the Village's economy;
(2)
Preserve water and air quality;
(3)
Minimize traffic congestion and intrusive development impacts on nearby properties;
(4)
Ensure access for emergency vehicles (police, fire protection and ambulance service);
(5)
Provide adequate water supply and sanitary means for sewage and solid waste disposal;
(6)
Support positive economic development from the proposed use without any undue or adverse impact effect on the Village, its inhabitants and the economic resources of the Village;
(7)
Ensure the protection of open space, natural resources and preserve historic characteristics of the Village; and
(8)
Ensure overall conservation, protection, development and use of the unique scenic, aesthetic, wildlife, recreational, historic, architectural, ecological and natural resources of the Village.
B.
Applicability: land uses subject to site plan approval.
(1)
Site plan approval shall be required for those uses designated in this chapter, and to any alteration, expansion, or modification of any previously approved site plan application, and to any alteration, expansion, or modification of any use requiring site plan approval as set forth in this chapter
§350-9-2 Site plan review procedures.
A.
General. Before commencing any land use activity requiring site plan review as set forth in this chapter, the owner of the property where the activity is proposed to take place or where a person authorized in writing to act for such owner shall, in accordance with the provisions stated herein, submit a site plan application together with appropriate supporting data to the Planning Board for review.
B.
Site plan. A sketch plan conference shall be held between the Planning Board and the applicant prior to the preparation and filing of a formal site plan with the Planning Board. The purposes of such a conference are: 1) to enable the applicant to inform the Planning Board of a proposal prior to the preparation of a detailed site plan; and 2) for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns; and 3) to generally determine the information to be required on the site plan and for a complete application. In order to accomplish these objectives, the applicant shall provide the following:
(1)
A statement and rough sketch map based on a Tax Map or other survey map showing the locations and dimensions of principal and accessory structures, parking areas, access signs, existing and proposed vegetation and other proposed features, anticipated changes in the existing topography and natural features;
(2)
A site location map showing the parcel that is the subject of the application for site plan review and surrounding properties, subdivisions, public and private roads, streets, right-of-way, easements and other pertinent features, e.g., Washington County highway map; and
(3)
A topographic or contour map to show site topography from a United States Geological Survey (USGS) sheet or map.
C.
Application for site plan approval. To apply for site plan approval, an applicant shall complete a site plan application form. The application shall be submitted to the Village Clerk at least 15 days prior to the regularly scheduled meeting and shall be accompanied by all fees and data required by the applicable schedule of Village of Fort Edward fees. Application, payment and all supporting documentation are to be submitted by the 4:00 p.m. on the first business day of the month.
D.
Site plan submission requirements. The site plan submitted for approval and supporting documentation shall include, at a minimum, all of the following information:
(1)
Site map. The plat to be filed with the Village Clerk. The size of the sheets shall be 11 inches by 17 inches or larger, including a margin for binding of two inches, outside of the border, along the left side and a margin of one inch outside of the border along the remaining sides. It is the preference that such plans be 11 inches by 17 inches, provided that if the applicant or the Planning Board determine that the project cannot be adequately reviewed due to the size of such plans, such larger plans as the applicant or the Planning Board may request or require shall be submitted. This shall be drawn at a scale of one inch to equal 50 feet or larger and shall show existing topography at contour intervals of not more than five feet. This map shall show the site area and any pertinent natural features that may affect the proposed use such as watercourses, wetlands, wooded areas, areas subject to flooding, flood zones, etc. The plat shall show:
(a)
The title of the site plan, including name and address of applicant and person responsible for preparing such drawing.
(b)
North arrow, scale and date.
(c)
Boundaries of property plotted to scale.
(d)
Location, size and existing use of buildings and other structures on premises.
(e)
Location and ownership identification of all adjacent lands including across roadways and waterways.
(f)
Location, name and width of existing adjacent roads.
(g)
Location, width and identification of all existing and proposed rights-of-way, easements, setbacks, reservations and areas dedicated to public use on site or on an adjoining the property.
(h)
Location of steep slopes, wetlands, flood- and erosion-prone areas, watercourses and natural drainage patterns.
(i)
Location of significant trees, shrubs and/or edge of wooded areas.
(j)
Location of all structures, significant environmental features and utilities within 100 feet of the property line.
(k)
Development plan map. This is a detailed plan for the proposed development, drawn to scale of one inch to equal 50 feet or larger and may be on one or more sheets. The site development plan illustrates the location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; provides a description or shows the location of proposed buffer areas; the design of lighting facilities and signs; all automobile parking and all parking for commercial vehicles while loading and unloading; and the location and width of all driveways, exits and entrances. In addition, the site development plan shall set forth the following:
[1]
Grading and drainage plan, showing existing and proposed contours and watercourses if a change in topography is proposed.
[2]
Locations, type of construction and exterior dimensions of all buildings and other structures.
[3]
Identification of the amount of gross floor area (GFA) proposed for retail sales and services, offices and other commercial or industrial facilities.
[4]
Location, type of construction and area of all parking and truck loading areas, showing access and egress points to the site.
[5]
Provision for pedestrian access and circulation, including public and private sidewalks, if applicable.
[6]
Location and intended use of outdoor storage, if any.
[7]
Location and construction materials of all existing or proposed site improvements including drains, culverts, berms, retaining walls, fences, patios, paved areas and decks.
[8]
Description of the method of sewage disposal and the location of such facilities.
[9]
Location of waste storage containers, including proposed solid waste and hazardous waste collection, storage and staging areas.
[10]
Description of the method of securing water, location of such facilities and approximate quantity of water required.
[11]
Location of fire lanes and other emergency zones, including the location of fire hydrants, if required.
[12]
Location, design and construction materials of all energy generation and distribution facilities, including electrical, gas, hydro, solar and wind energy.
[13]
Location, size, design and type of all proposed temporary and permanent signs.
[14]
Location and development of all proposed buffer areas, including indication of existing and proposed vegetative cover.
[15]
Location and design of existing and proposed outdoor lighting, including height, type, bulb type/style and hours of operation.
[16]
Proposed planting plan, including screening and buffer areas with the planting and general landscaping schedule.
[17]
Record of applications and approval status of all necessary permits from federal, state, county and local offices and agencies.
[18]
Estimated project construction schedule.
[19]
Other elements integral to the proposed development as may be specified by the Planning Board at the sketch plan conference, such as contour intervals or licensed survey, etc.
[20]
Elevations or cross-sections of proposed buildings.
(l)
Elevations and/or cross-sections, illustrating front, rear and side profiles drawn to the scale of 1/8 inch equals one foot, may be required by the Planning Board. The elevations and/or cross-sections shall clearly delineate dimensions of all buildings, building materials and other permanent structures included in the proposal, including the dimensions and height of lighting facilities and signs.
(m)
The Planning Board shall require, as appropriate, engineering plans prepared by a licensed professional to illustrate and describe such development aspects as: road improvements, drainage systems, grading plan, public or private utility systems, sewer and water facilities and such other supporting data as may be necessary.
(n)
The Planning Board shall have the authority to require such additional information as it may deem reasonably necessary to adequately and properly review the site plan application.
(o)
SEQRA compliance. In addition to the above list, the applicant shall prepare and file with the site plan application, the New York State Environmental Assessment Form (EAF) to allow the Planning Board to determine the applicability of the State Environmental Quality Review Act. (SEQRA). The Planning Board shall determine compliance and comply with SEQRA prior to site plan approval.
(p)
Verification of ownership. If the person filing the site plan application is the owner of the property on which the land use activity is proposed, a notarized statement to that effect shall be filed, giving the name(s) of the owner(s) of the property.
(q)
Designated agent. For non-owner applicants, a notarized written permission of the owner(s) that references the proposed land use shall be filed with the Planning Board.
(2)
Acceptance of application. The Planning Board shall, within 45 days of the filing of a site plan application, or at its next regular meeting after such filing, whichever is sooner, decide whether to accept the application as complete and begin the review process, or to reject the application as incomplete. If the Planning Board deems the application incomplete, rather than rejecting the application, the Planning Board may request such additional information that it deems necessary to complete the application, and provide for such time as it deems sufficient for the applicant to submit such additional information. If the Planning Board requires a draft environmental impact statement (DEIS) or if one is filed by the applicant(s), then the application shall not be deemed complete until the DEIS is filed and accepted by the Planning Board. If the Planning Board deems an application incomplete, it shall then notify the applicant(s), in writing, of the deficiencies.
(3)
Segmentation. The site plan applications and associated maps shall include all proposed phases of development. Site plan approval shall be based on the total planned project in order to facilitate the assessment of all potential development impacts. The Planning Board shall consider applications incomplete where there is reason to believe the application applies to only a segment of the total planned development. In such situations, the Planning Board shall return such application to the applicant together with a letter stating the basis for its determination.
(4)
Referral to other agencies and boards. After determining an application complete, the Planning Board, if required by § 239-m of General Municipal Law, shall refer the site plan application to the Washington County Planning Board. If a public hearing is required or deemed necessary by the Planning Board, then notice of the proposed action accompanied with a full statement must be sent to the Washington County Planning Board at least 10 days before public hearing. The Planning Board may also coordinate its review (if not otherwise required by state law) or consult with federal, state and local agencies and boards. The Planning Board will also comply with any other requirements of General Municipal Law §§ 239-n and 239-nn, as applicable.
(5)
Public hearing. The Planning Board shall conduct a public hearing on site plan applications within 62 days after it has determined an application to be complete. It shall then advertise such hearing at least 10 days in advance of the public hearing in a local newspaper of general circulation. The Planning Board shall also mail a notice of the hearing to the applicant(s) and adjoining landowners at least 10 days before the hearing and the costs of such mailing shall be borne by the applicant(s).
(6)
Decision. Within 62 days of the close of the public hearing or acceptance of the application, the Planning Board shall render a decision to approve, approve with conditions or modifications, or disapprove the site plan application.
(a)
Approval. Upon approval of the site plan and payment by the applicant(s) of all fees and reimbursable costs due to the Village, the Planning Board shall endorse its approval on a copy of the site plan and immediately file a copy of the site plan with a written statement of approval with the Village Clerk. A copy of the written statement of approval shall be mailed to the applicant(s) by mail.
(b)
Approval with modifications. The Planning Board may approve the site plan and require specific modifications be made. A copy of the written statement shall be mailed to the applicant(s) by mail. The Planning Board shall endorse its approval on a copy of the site plan containing the required modifications and immediately file the site plan and a written statement of approval with the Village Clerk.
(c)
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall be immediately filed with the Village Clerk and a copy thereof mailed to the applicant(s) with a letter stating the Planning Board's reason(s) for disapproval.
(7)
Extension of time to render decision. Any time limitation in this article may be extended by mutual consent of the applicant(s) and the Planning Board.
(8)
Less intensive review. The Planning Board may conduct a less intensive review for projects that do not have significant potential adverse impact on neighboring properties and uses. The Planning Board may waive certain requirements of Subsection C above for such projects. The Planning Board, however, must state the application requirements being waived, its grounds for waiving such application requirements and file such statement along with the site plan application and supporting documents.
(9)
Reimbursable costs. The Planning Board may engage its own consultants in the review of a site plan application and ask the applicant(s) to pay its reasonable and actual costs of doing so. Such costs shall not exceed $3,500 without notification to the applicant.
(10)
All application fees shall be set as outlined in section § 350-7-10 of this chapter.
§350-9-3 Design objectives.
A.
General objectives. Sites to be developed shall be of such character that they can be safely used for building purposes without danger to the public health or safety, or peril from fire, flood, or other causes. New development shall be compatible with the rural, small Village character of the community.
(1)
Location, arrangement, size, construction materials and overall design of the project, including but not limited to structures, lighting, signs, fences and all landscaping must be compatible with the natural surroundings and existing structures.
(2)
Consideration of aesthetics in the project design.
(3)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(4)
Location, arrangement, appearance and sufficiency of off-street parking; and loading for commercial facilities.
(5)
Adequacy of snow storage, stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy of site design for fire protection with particular attention to access for emergency vehicles.
(8)
Adequacy and arrangement of pedestrian access and circulation.
(9)
Compatibility with and protection of adjacent uses, particularly residential uses, through landscaping, vegetative and other screening, buffering, planting and buffer zones, procedures used during construction and restrictions on outside activities.
(10)
Proposed fences shall be of sufficient height to screen visually from adjacent uses, but shall not be of such a height or placed in such a manner as to interfere with sight distance related to traffic and well as access to any thoroughfare.
(11)
Buffering, screening and fencing materials shall be of such a character and be placed so as to be in character with the surrounding areas.
(12)
Protection of environmentally sensitive areas.
(13)
Mitigation of the adverse effects of smoke, noise, glare, vibration, odors emissions or noxious and offensive uses. No land use shall generate excessive audible sound at the lot line, taking into consideration the surrounding land use.
(14)
Absence of dangerous or hazardous activities and materials.
(15)
Natural resource considerations. In general, sites to be developed should avoid areas where the following conditions are present:
(a)
Slopes greater than 15%.
(b)
Bedrock less than five feet from the surface and areas of frequent rock outcrops.
(c)
Areas of high groundwater (seasonal or permanent).
(d)
Soils with excessively slow or fast percolation.
(e)
Flood hazard areas.
(f)
Regulated freshwater wetlands (New York State Department of Environmental Conservation and Army Corps of Engineers.
(g)
Shores of water bodies, banks of watercourses or the headwaters of a watershed.
(16)
Village design guidelines. To help insure that new development is compatible with the character of the Village, the Planning Board shall apply the following design guidelines to its review of site plans:
(a)
Whenever feasible, retain and reuse streets and driveways instead of constructing new roads and driveways.
(b)
Whenever feasible, new buildings should be placed on the lot in similar locations to buildings located on adjacent parcels.
(c)
Color schemes should be such that they will complement the neighborhood and adjoining land uses and building materials should be similar to and compliment those in the neighborhood where the use is to be located or modified.
(d)
Minimize clearing of vegetation.
(e)
Whenever feasible, situate parking lots to the side and rear of buildings, and parking lots should contain islands or other planting schemes acceptable to the Planning Board to prevent large expanses of pavement.
(f)
Lighting should be designed and arranged so as to minimize glare on adjacent properties and onto public places.
(17)
Site access standards. Site plan approval should be conditional upon the applicant(s) obtaining any necessary curb-cut permits. In addition, site plans should comply (if applicable) with the following site access guidelines:
(a)
Access drives shall be constructed and maintained so as to provide for year-round access.
(b)
In cases where sites have frontage on more than one street, the principal point of access shall be from the secondary street (whenever feasible).
(c)
Driveways shall be combined (whenever feasible) to minimize the number of access points onto streets.
(d)
There shall be a maximum of one driveway entrance per developed lot.
(e)
Driveway grade and width shall be such that adequate and safe access is provided for emergency and service vehicles during all seasons.
§350-9-4 Required improvements.
A.
Performance guarantees. A certificate of occupancy shall only be issued when all improvements shown on the site plan are installed in accordance with site plan approval or a performance guarantee has been provided by the applicant(s) for uncompleted improvements. Such guarantees may include one or a combination of the following:
(1)
A bond executed by a surety company equal to the cost of such improvements. Any such bond shall require the approval of the Village Board in consultation with the Attorney for the Village as to form, sufficiency, manner of execution and surety;
(2)
A certified check in a sufficient amount up to the cost of the improvements. The certified check shall be placed in an escrow account established by the Village for this purpose;
(3)
A letter of credit that is of sufficient amount to cover 110% of the costs of the improvements. Letters of credit shall require the approval of the Village Board in consultation with the Attorney for the Village as to form, sufficiency and manner of execution and shall be duly notarized;
(4)
A waiver under appropriate certain circumstances.
§350-9-5 Schedule and approval of improvements.
The Planning Board shall specify the time frame for completion of improvements in its decision on the application. When a certified check or performance bond is issued, the Village and the applicant(s) shall enter into a written agreement itemizing the schedule of improvements in sequence with the cost opposite each phase of construction or installation. Each cost as listed shall be repaid to the applicant(s) upon completion and approval after inspection by the Village of the improvement. The Planning Board shall send a letter to the applicant(s) that provides sufficient evidence for the release by the Village of the portion of the performance bond or certified check as designated in the contract to cover the cost of the completed improvement.