Greenwood Lake City Zoning Code
ARTICLE IX
Site Plans
§ 120-46 Authority to approve site plans.
Pursuant to § 7-725 of the Village Law, as amended, the Village Board of Trustees delegates final authority to the Planning Board for approval of any site plan.
§ 120-47 Applicability.
A.
Except for one-family and two-family dwellings, approval of a site plan by the Planning Board is required for:
(1)
The development or redevelopment of any property or structure for a new use.
(2)
The expansion or relocation of any existing use.
(3)
Any change of use of a property or structure for a permitted use where said use will increase traffic or the need for parking, water, sewer or other community services. Said determination shall be made by the Planning Board.
(4)
Any use or alteration of land located within the one-hundred-year floodplain.
(5)
Applications for special use permit approval.
(6)
Any other provision requiring site plan approval by the Planning Board.
B.
Where site plan approval is required, applications for the issuance of a building permit or certificate of occupancy must be accompanied by a copy of the approved site plan bearing the signature of the Planning Board Chairman. The continued validity of any certificate of occupancy shall be subject to continued conformity with such approved site plan and conditions. Revisions of approved site plans shall be subject to the same approval procedure.
§ 120-48 Special flood hazard areas.
[Amended 6-26-2009 by L.L. No. 5-2009]
Any proposed subdivision and/or development (man-made change to improved or unimproved real estate) of land within the purview of this article which is identified on the Flood Insurance Rate Map as an area of special flood hazard shall require the submission of site development plans which comply with all applicable provisions of Chapter 118 of the Code of the Village of Greenwood Lake in addition to the requirements of this chapter.
§ 120-49 Considerations.
In considering and acting upon site plans, the Planning Board shall take into consideration the recommendations of the Comprehensive Plan, the public health, safety and welfare, the comfort and convenience of the public in general and of the residents, employees, visitors and patrons of the proposed development and of the immediate neighborhood in particular, and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, encourage the most appropriate use of land, taking into account:
A.
The size, location, height, bulk, appearance, character, arrangement and suitability of all buildings and facilities.
B.
The safety, adequacy and convenience of vehicular and pedestrian thoroughfares, parking and loading areas, and areas related thereto.
C.
The topography, landscaping and open spaces in relation to each other, to the design of buildings and structures on the site, to pedestrian and vehicular traffic and to the protection of adjacent properties.
D.
Appropriate levels of lighting to assure the safe movement of vehicles and persons and their security, provided that such lighting shall not create an undesirable impact on neighboring properties and streets.
E.
Adequate design, construction and maintenance of stormwater drainage systems to prevent the occurrence of periodic or continuous downstream flooding.
F.
The adequate provision of water supply, sanitary facilities, drainage facilities and other similar services.
G.
The adequate provision of fire protection, police protection, emergency services and other community facilities and services.
H.
Adequate access to the handicapped.
I.
Adequate access to the rear of structures from public parking lots.
J.
Appropriately screened locations for the storage, collection and disposal of solid waste.
K.
The adequate identification of establishments through appropriate signage providing reasonable information to the public and in harmony with the design of the site and buildings and with neighboring properties.
L.
The physical constraints imposed by natural resources, ensuring that proper safeguards will be implemented to minimize impacts, including but not limited to soil erosion and sedimentation and air and water pollution.
§ 120-50 Procedures.
A.
Informal consultation; submission of plan.
(1)
Applications for site plan approval may be submitted prior to submitting and preparing a complete and detailed site plan. Its purpose is to afford the applicant the opportunity to consult early and informally with the Planning Board before preparation of a complete and detailed site plan. The applicant may come to the Planning Board as many times as may be necessary.
(2)
The plan shall be submitted to the Planning Board not less than 10 working days prior to the date of the Planning Board meeting at which it is to be considered and shall be accompanied by a narrative summary. The narrative summary shall provide a description of the project which the applicant desires to undertake, the purpose of said project, a characterization of the neighborhood in which the project is proposed to be located and the project's conformity with same and a list of approvals and/or variances and exceptions from this chapter required to develop said project. The narrative summary for subsequent submissions shall identify how prior comments have been satisfied.
B.
Site plan application.
(1)
A complete site plan application for site plan approval, including any information required, shall be submitted to the Planning Board not less than 10 working days in advance of the Planning Board meeting at which the site plan is to be reviewed.
(2)
The applicant shall submit all application materials outlined below in as much detail as necessary to enable the Planning Board to come to a conclusion as to the merits of the application:
(a)
One copy of site plan application with an affidavit of ownership which must be notarized.
(b)
Ten copies of the narrative summary of the proposed plan and history of the property, including identification of any changes made from the preliminary plan.
(c)
A letter from the Building Inspector not less than 60 days old stating whether or not any violations exist on the property.
(d)
Ten copies of the site plan prepared by a New York State licensed surveyor, with the information listed in § 120-51 of this article, in addition to any other information required by the Planning Board. More copies may be required depending on the number of referrals to be made for review and recommendations of approval.
(e)
Ten copies of single-line building floor plans and elevations.
(f)
Long Environmental Assessment Form, Part 1, pursuant to State Environmental Quality Review Act (SEQRA), and other SEQRA documentation which may be required by the Planning Board as determined to be applicable during preliminary review.
(g)
A list of any covenants, deed restrictions, easements or other reservations of land relative to the site, in addition to that not able to be shown on the final site plan.
(h)
A list of all required federal, state, county and Village permits (United State Army Corps of Engineers, New York State Department of Environmental Conservation, New York State Department of Transportation, Orange County Planning Department, Orange County Department of Public Works, Orange County Health Department, Orange County Soil Conservation Service, Village Engineer approvals, Village Board approval of water connections, drains, runoff and flood control, where applicable).
(i)
Site plan fee, in accordance with the Village of Greenwood Lake Schedule of Fees.
(3)
Upon certification by the Planning Board that the site plan is complete, the Planning Board will review the proposed plan and may grant approval in accordance with § 120-50G with such conditions as are necessary to ensure conformity of said plan with the general and specific criteria set forth in this chapter (the Zoning Law) and other applicable rules and regulations of the Village of Greenwood Lake.
C.
Public hearing. A public hearing may be held on a site plan application unless said hearing if required by the Planning Board. If a hearing is held, said hearing shall be held within 62 days of the date of receipt of a complete application.
D.
Public hearing notice. The applicant shall publish notice of the public hearing in the official newspaper not less than 10 days or more than 30 days prior to the date of the public hearing. The applicant shall mail said notice not less than 10 days prior to the hearing to owners of property abutting or across the street from said property. The form of such notices shall be prescribed by the Planning Board, and the cost of such notice shall be paid by the applicant. The applicant shall submit an affidavit of mailing at the public hearing which shall include a list of the property owners to whom the notice of hearing was sent.
E.
Referrals. The Planning Board may submit copies of the site plan application to the following agencies for information, review and comment regarding facilities under their jurisdiction and to any other Village, county, state or federal agency with jurisdiction:
(1)
Village of Greenwood Lake Building Inspector.
(2)
Village of Greenwood Lake Village Engineer.
(3)
Village of Greenwood Lake Board of Trustees.
(4)
Village of Greenwood Lake Zoning Board of Appeals.
(5)
Greenwood Lake Fire Department.
(6)
Orange County Planning Department.
(7)
Orange County Department of Public Works.
(8)
New York State Department of Transportation.
(9)
New York State Department of Environmental Conservation.
(10)
United States Army Corps of Engineers.
(11)
Town of Warwick.
F.
Compliance with the State Environmental Quality Review Act. Prior to the approval of the site plan, the Planning Board shall have determined whether the action it is reviewing may have a significant effect on the environment in accordance with the regulations adopted pursuant to § 8-0113 of the Environmental Conservation Law to implement the provisions of the State Environmental Quality Review Act (SEQRA). Fees for preparation or review of SEQRA documents are in addition to other fees required by these regulations as set forth in the Standard Schedule of Fees of the Village of Greenwood Lake.
G.
Planning Board decision. The Planning Board shall approve, approve with conditions or deny the final site plan application within 62 days of the date of the hearing or, if no hearing is held, within 62 days of the date of receipt of an application accepted as complete. Planning Board approval, approval with conditions or disapproval shall be in written form and shall include specific findings with respect to the standards as contained in § 120-53 of this article. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days of the date the decision is rendered, and a copy thereof shall be mailed to the applicant.
H.
Signing and filing. Upon submission of the final site plan with any conditions required by the Planning Board in its final approval, and upon satisfaction of any conditions imposed by such approval, the Chairman of the Planning Board shall sign the approved site plan and file it with the Village Clerk. One copy shall also be filed with the Building Inspector, who may thereafter issue a building permit or certificate of occupancy in reliance thereon.
I.
Issuance of certificate of occupancy; surety.
(1)
The Planning Board shall require that on- or off-site improvements be installed, including but not limited to on- or off-site drainage systems, to ensure that all drainage, storm runoff and subsurface waters are carried into approved watercourses and drainage systems. The Planning Board shall further require that all off-site improvements and/or drainage systems be installed on property granted to the Village by fee, easement or otherwise, as determined by the Planning Board.
(2)
No certificate of occupancy shall be issued for the site until all improvements shown on the site plan, including off-site requirements as required by site plan approval, have been duly installed and all easements and property interests have been granted or dedicated to the Village. A performance bond or other surety shall be posted in an amount that shall cover the cost of completing all on- and off-site improvements. Said bond or surety shall be set and held by the Village Board of Trustees, upon the advice of the Planning Board and the Village Engineer, and in such form as meets the approval of the Village Attorney. The Building Inspector shall report to the Planning Board when the requirements, construction, installation and all other items of the site plan have been completed, at which time the Planning Board may authorize the release of the surety.
(3)
A temporary certificate of occupancy may be granted by the Building Inspector prior to the completion of any required landscaping, concrete work or other improvements which may not be installed due to seasonal constraints, upon the approval of the Planning Board, provided that a bond or surety is posted in such amount as shall be set and held by the Village Board of Trustees, upon the advice of the Village Engineer and with the approval of the Planning Board, and in such form as meets the approval of the Village Attorney. The Planning Board may recommend release of the performance bond or surety upon recommendation of the Building Inspector.
J.
Field changes. During construction, the Village Engineer may authorize or require, at his own determination or, upon the request of the applicant, minor adjustments to the approved site plan when such adjustments are necessary due to unforeseen site conditions first discovered during actual construction. The Village Engineer may refer said request to the Building Inspector or project architect for their review. Minor adjustments shall be consistent with the spirit and intent of the approved site plan. Approval of such adjustment, with the reasons therefor, shall be in writing and a copy provided to the Planning Board.
K.
Site plan amendments. Where unforeseen conditions are encountered which require any material change to an approved site development plan, or where the developer wishes to modify the approved plan for other reasons, an amended site plan shall be filed with the Planning Board for review and approval in accordance with the same procedures required for site plan applications.
L.
Site maintenance. It shall be the duty of every property owner to maintain his or her property in conformity with the approved site plan. Failure to do so shall constitute a violation of these regulations.
§ 120-51 Site plan specifications.
The site plan shall be drawn by a licensed design professional on a series of sheets of uniform size containing the information listed below. The applicant shall be required to submit all information listed below, except as otherwise indicated by the Planning Board:
A.
General information:
(1)
An area map taken from the Zoning Map.
(2)
Existing zoning district boundaries within 500 feet, to be shown on the area map. If such a boundary goes through the site in question, it shall also be shown on the site plan.
(3)
The applicant's entire holdings. If the applicant is other than the owner of record, then the owner of record's entire contiguous holdings shall be shown.
(4)
Property boundaries and existing tax lot lines.
(5)
Existing public streets abutting or crossing the site.
(6)
Existing structures and uses located on the site.
(7)
Approximate locations of wooded areas and existing structures within 200 feet of site lot lines.
(8)
Proposed location and use of any new building or structure, including all aboveground mechanical, electrical and other utility equipment.
(9)
Proposed location of walkways, benches, recreation facilities, garbage dumpster and/or receptacle enclosures and facilities for recycling.
(10)
Existing and proposed vehicular access to and from the site.
(11)
Location and layout of driveways, parking areas and loading areas.
(12)
Proposed location, type and height of fencing.
(13)
Proposed location of outdoor lighting facilities.
(14)
Site plan of the ultimate development, if the project is to be staged.
(16)
Location of the curb cuts or points of access and egress for the properties immediately abutting and across the street from the access point(s) to the site.
(17)
Bulk table, identifying noncomplying items or those needing a variance.
(18)
The computation for the required number of parking spaces, as provided for in § 120-36A of this chapter.
(19)
Types of materials proposed to be used on the site, i.e., concrete curb, asphalt, pavement, etc.
(20)
On-site plans involving signs; the location of freestanding signs in relation to the designated street line.
(21)
All pertinent zoning setback and yard dimension lines.
(22)
Legends, North arrow, graphic scale and title block.
(23)
A three-and-one-half-inch blank square, in the lower right-hand corner, immediately above the title block for purposes of an approval block.
B.
Utilities and grading data.
(1)
Existing and proposed contours at a maximum two-foot vertical interval extended to 100 feet beyond the boundaries of the site.
(2)
Location and types, sizes and slopes, where pertinent, of existing and proposed waterlines, valves and hydrants, storm and sanitary sewer lines, electric lines, telephone lines, gas and other utility lines and utility poles. Typical cover should be indicated over all proposed underground utility lines.
(3)
Existing and proposed stormwater drainage and underdrain systems, including location, size and slopes of all pipes and swales, including invert and top elevations at each manhole, inlet, headwall or other appurtenant drainage structure; base width, side slope, inverts and lining of each swale (riprap, asphalt, concrete, grass, etc.); and inverts of underdrain systems at bends and outlets. Roof drains and footing drain runoff shall be directed to an existing storm drainage system in the street, if possible, and not directed to adjacent properties. Underground detention or percolation systems may be required.
(4)
In addition to the drainage items in Subsection B(3) above, the Planning Board may require the applicant to submit the following:
(a)
A map at appropriate scale showing the limits of the watershed in which the property is located; the development site should be shaded in.
(b)
Drainage computations for the runoff entering the site for a fully developed watershed and for the site itself after proposed development.
(c)
A marked-up grading plan showing tributary areas to each drainage structure illustrated.
(5)
Location of spot grades at top and bottom of retaining walls.
C.
A soil erosion and sediment control plan shall be submitted in accordance with Chapter 96, Stormwater Management, of the Code of the Village of Greenwood Lake.
D.
Landscaping and lighting data.
(1)
Location, direction, type and height of outdoor lighting facilities, including isolux curves.
(3)
Proposed location, design and type of screening and landscaping trees. A planting list should be provided on the drawing, keyed to the plan, showing botanical and common names, species, quantities, height and caliper of planting materials. The landscaping plan and schedule shall be prepared and certified by a landscape architect, at the discretion of the Planning Board.
(4)
Landscape notes related to maintenance.
E.
Profiles.
(1)
Profiles of roads, driveways, storm drainage pipes and channels.
(2)
Elevation view of any freestanding signs, showing dimensions and sign area; and on building fascia, the height of signs above grade, their overall height, dimensions and area.
(3)
Proposed septic system location, if applicable.
(4)
Construction details illustrating all site improvements and those required in other sections of these regulations, in accordance with Village construction standards and specifications, and conforming with all requirements of the Comprehensive Plan.
§ 120-52 Site plan revisions.
All site plans that are submitted to the Planning Board, which have been revised, shall have the revision number noted in a triangle along with a brief summary of the elements revised and the dates of revision. Additionally, this revision number (in triangle) is to be used to indicate on the plan those places where the changes have been made. Any plan submitted without this system shall be returned to the applicant and shall be subject to a resubmission fee.
§ 120-53 General standards.
The Planning Board shall not approve a site plan unless it shall find that such plan conforms to the requirements of this chapter and other applicable laws and regulations. In reviewing the site plan, the Planning Board shall also take into consideration the public health, safety and general welfare and shall set appropriate conditions and safeguards which are in harmony with the general purpose and intent of these regulations, particularly in regard to achieving the following standards:
A.
Traffic access. The number, location and design of all proposed driveways, in terms of their width, grade, alignment, visibility, sight distance and relationship to the existing street system and neighboring properties and land uses shall be such that maximum safety will be achieved and function properly provided for.
B.
On-site circulation and parking. Adequate and convenient off-street parking and loading spaces shall be provided to prevent parking in public streets of vehicles belonging to any persons connected with or visiting the proposed use, and the interior circulation system shall be adequate to provide safe access to all required off-street parking, including access for the handicapped.
C.
Pedestrian circulation. An adequate and safe pedestrian circulation system shall be provided to permit safe access to uses from the street and from all parking areas on the site.
D.
Landscaping and buffering. All parking, loading and service areas shall be screened in a reasonable manner, at all seasons of the year, from the view of adjacent residential lots and streets. The general landscaping of the site shall be designed in an attractive manner and, wherever possible, desirable natural features existing on the site shall be protected and retained.
E.
Lighting. Outdoor lighting shall be provided on the site to assure the safe movement of vehicles and persons and for security. Such lighting shall not create an undesirable impact on neighboring properties and streets.
F.
Drainage. The proposed stormwater drainage system shall be adequate to prevent any increase in the rate of surface runoff or otherwise contribute to downstream flooding during a storm of any magnitude up to and including a one-hundred-year frequency storm.
G.
Water and sewage. The proposed systems for water supply and sewage collection and disposal on the site shall be adequate and Village facilities shall be sufficient to handle the increase in service and shall conform to Chapter 85, Sewers, of the Code of the Village of Greenwood Lake.
H.
Solid waste. Adequate provisions shall be made for the storage, collection and disposal of solid waste, and such facilities shall not be permitted to adversely affect neighboring properties or public facilities.
I.
Building design. The height, location and size of the proposed buildings shall be in conformity with the requirements of this chapter, and all such buildings and other structures shall harmoniously relate to each other, the site and neighboring properties and shall be in accordance with Village plans and programs.
J.
Signage. All proposed signs, including on-site directional signs and building signs, shall meet the requirements of these regulations, shall be adequate to provide reasonable information to the public and shall be in harmony with the design of the site and buildings and with neighboring properties.
K.
Recreation.
(1)
For residential uses, land for park, playground or other recreational purposes is required when the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes in the Village of Greenwood Lake. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute.
(2)
If a park cannot be properly located on the site plan, the Planning Board may require a sum of money in lieu thereof to be established by the Village Board of Trustees. In making such a determination, the Planning Board shall assess the size and suitability of lands shown which could be possible locations for parks or recreational facilities, as well as practical factors, including whether there is a need for recreational facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playgrounds or other recreational purposes shall be deposited in a trust fund to be used by the Village of Greenwood Lake exclusively for parks or other recreational purposes, including the acquisition of property.
L.
Other public needs. Other public needs and requirements, including the protection of the environment, shall be properly and adequately provided for.
§ 120-54 Off-street parking, loading and access.
A.
Number and location of spaces. The number and location of off-street parking and loading spaces to be provided on the site shall conform to the requirements of this chapter. (Refer to § 120-36.)
B.
Table of Minimum Parking Dimensions.
(1)
Length of stall.
Parking Configuration | Length (feet) | |
|---|---|---|
Parallel Perpendicular | 20.0 18.0 | |
* NOTE: | ||
*The length of perpendicular parking stalls may be reduced by two feet where curb design permits vehicle overhang. | ||
C.
Parking area standards.
(1)
Poured-in-place concrete curbing shall be provided to outline all parking areas and to prevent any vehicle parking within the facility from overhanging a property line or projecting over any sidewalk, other walkway or public road.
(2)
No vehicle shall be forced or encouraged by the nature of the design of the parking area to back out of the parking facility onto a public road.
(3)
Suitable walkways may be required for the safety of pedestrians moving to or from their vehicles.
(4)
All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of their use to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum gradient within parking areas shall not exceed 5%.
(5)
Suitable markings shall be provided to indicate individual parking spaces, maneuvering areas, entrances, exits, directions of traffic flow and other similar requirements.
D.
Special parking standards.
(1)
Employee parking. In parking areas designated for employees, the Planning Board may permit a reduction in the width of such spaces to 8.5 feet.
(3)
Compact car parking. The Planning Board may require an applicant to provide compact car parking spaces subject to the following requirements:
(a)
Compact car parking spaces shall be not less than 7.75 feet wide and 15 feet long.
(b)
Compact car parking spaces shall be permitted only for long-term parking use, such as for commuters or employees.
(c)
No more than 1/3 of the total off-street parking spaces required by this chapter shall be designated for compact cars.
(d)
Compact car parking spaces shall be appropriately signed.
(4)
Motorcycle/bicycle parking. The Planning Board may require an applicant to provide motorcycle/bicycle parking depending upon the specific use proposed by an applicant and subject to the following Eno Foundation for Transportation guidelines:
(a)
One motorcycle and one bicycle parking space may be required for parking facilities containing 50 automobile spaces. For every additional 20 automobile parking spaces thereafter, a minimum of one motorcycle and one bicycle parking space may be required. The Planning Board shall consider the particular use proposed by an applicant in establishing the maximum number of parking spaces.
(b)
Bicycle and motorcycle parking facilities are to be located in an area of a parking lot convenient to destination entrances and in highly visible areas to minimize theft and vandalism. Wherever feasible, the parking should be visible to persons within the building.
(c)
Cycle parking facilities are to be placed on paved surfaces and be well lighted.
(d)
Cycle parking must not interfere with pedestrian traffic.
(e)
Cycle parking should be protected from potential damage by other vehicle traffic.
(f)
A bicycle space shall be at least two feet six inches wide by six feet zero inches long. Motorcycle and moped parking shall be at least three feet four inches wide by seven feet zero inches.
(g)
The Planning Board may require signs to identify cycle lots, instructions for the operation of unfamiliar kinds of bicycle racks and other requirements as the Board may deem necessary.
E.
Driveways. For reasons of traffic and pedestrian safety, both on and off street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of this chapter and shall be subject to building permit and approval by the Orange County Department of Public Works or New York State Department of Transportation for access onto Village, county or state roads, respectively.
(1)
Driveway width. Unobstructed access to and from a street shall be provided for all parking spaces. Such access shall consist of at least one twelve-foot-wide lane for parking areas with less than 10 parking spaces and at least two ten-foot-wide lanes for parking areas with 30 parking spaces or more. No entrance or exit to any off-street parking area shall exceed grades in excess of those permitted in Subsection E(2) below.
(2)
Driveway gradients.
(a)
The maximum gradient for new access driveways serving uses other than single-family dwellings shall be 5%.
(b)
Notwithstanding the maximum permitted gradient specified above, a driveway serving a use other than a single-family dwelling shall have a platform with a gradient not greater than 3% within 50 feet of the center line of the traveled way of the street or within 25 feet of the right-of-way line of the street, whichever distance is greater.
F.
Delivery and loading facilities. Separate access should be provided for delivery vehicles. Circulation systems for deliveries should be designed to avoid interference with automobile and pedestrian movements or with high turnover parking. Loading areas should be located preferably to the rear of buildings, away from areas of pedestrian movement, and screened from view of parking areas, adjacent properties or adjacent streets.
G.
The following parking area details are to be shown on site plans:
(1)
Parking spaces.
(2)
Parking end islands.
(3)
Parking for handicapped persons.
(4)
Fire lanes and zones. The applicant's professional licensed engineer or land surveyor shall meet with the Fire Inspector of the Village of Greenwood Lake and/or the Fire Department to determine their requirements which shall be shown on this drawing insofar as they are external to the building.
§ 120-55 Landscaping and buffering.
A.
General standards. All properties subject to site plan review shall be landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board, to assure the establishment of a safe, convenient, functional and attractive site plan requiring a minimum of maintenance. The following are general standards for landscaping:
(1)
Plant materials shall be nursery grown and selected according to hardiness and ability to withstand roadway salt conditions.
(2)
Spaces to receive plant materials shall have a minimum inside width of six feet, except that where vehicle overhang is permitted, a ten-foot inside width shall be required.
(3)
Loose materials, such as wood mulch and stone aggregate, shall be spread within a landscaped space at a level not to exceed 1 1/2 inches below the top of the curb.
(4)
Areas that will receive continued pedestrian movement shall be decoratively paved.
(5)
Upon the request of the Planning Board, a landscape plan shall be submitted for uses which will result in significant alteration of vegetation or of the existing land form or for uses which will have a potential large impact on the Village's aesthetic environment. Said landscape plan may be prepared by a landscape designer or, at the recommendation of the Planning Board, by a licensed landscape architect who shall certify the plan as to plant hardiness. The landscape designer or licensed landscape architect who prepared the plan shall supervise construction and installation of the landscape materials. Before the issuance of a certificate of occupancy, the landscape designer or licensed landscape architect shall certify that the landscaping has been installed in accordance with the landscaping plan, except where variations have been authorized by the Planning Board or Building Inspector.
(6)
The minimum landscape requirements for any use requiring site plan approval are a general guide only and may be modified by the Planning Board where, due to special characteristics of the project site, the proposed use, surrounding area or buildings and structures, such changes are necessary to ensure compatibility and conformance with other standards or criteria of these regulations.
B.
Traffic movement. In areas where landscape materials are used to define paths of traffic movement, the following guidelines shall be used:
(1)
Plants shall be selected to achieve not more than three feet mature height. Planting height shall be 18 to 24 inches.
(2)
Plants shall be spaced to create a compact hedge border at time of planting.
(3)
As an alternate, street trees may be used. Trees shall be approved by the landscape architect, three-and-one-half to four-inch caliper, nursery grade, spaced 20 feet on center. Street tree specimens shall be approved by the Planning Board.
[Amended 4-1-1999 by L.L. No. 1-1999]
C.
Parking areas. In areas where landscape materials are used to complement parking areas, the following guidelines shall be used:
D.
Entrance definition. Where landscape materials are used to define the point of entrance to a commercial facility, the following guidelines shall be used:
(1)
Plant materials shall consist of a carefully designed variety of evergreen shrubs selected by the Planning Board.
(2)
Design may be a natural or formal setting; however, plant height shall not interfere with required sight distance.
(3)
Planting beds shall be covered with mulch, stone or other aggregate to be approved by the Planning Board.
E.
Pedestrian areas. Where landscape materials are used to complement areas intended for pedestrian activity, the following guidelines shall be used:
(1)
Pedestrian areas shall be paved with concrete or paving block. Areas to be paved shall be tamped or underlain with gravel.
(2)
In order to minimize large areas of paving, landscape features, such as two- to three-foot earth mounds and planters, shall be used.
(3)
Plant materials shall consist of a variety of evergreen and deciduous shrubs and trees to be approved by the Planning Board.
(4)
Planting beds shall be covered with mulch, stone or other aggregate to be approved by the Planning Board.
F.
State highway rights-of-way. Where landscape materials are used to complement areas within a state highway right-of-way, the following guidelines shall be used:
§ 120-56 Outdoor lighting.
A.
General standards. Adequate lighting shall be provided on each site to ensure safe movement of persons and vehicles and for security purposes. Lighting fixtures and standards shall be of a type approved by the Planning Board. All lighting shall be designed and arranged so as to preclude or minimize glare and reflection on adjacent properties and streets. The Planning Board may impose reasonable hours of operation should lighting fixtures negatively impact adjacent properties. No floodlights in excess of 100 watts shall be installed without specific written permission from the Planning Board.
B.
Design standards. The following design standards shall be followed on all site plans:
(1)
The style of the light and light standard shall be consistent with the architectural style of the principal building.
(2)
The maximum height of freestanding lights shall be no higher than the height of the principal building but shall not exceed 18 feet. The maximum height may be increased to 25 feet in large parking areas where the Planning Board finds that such lighting is appropriate and where such increased height will not be a disturbance to neighbors.
(3)
The source of illumination shall be so shielded that it is not visible beyond the boundaries of the lot on which it is located.
(4)
Where lights may be visible from adjacent residences or public streets, the lights shall be appropriately shielded to minimize visual discomfort and impairment of driver and pedestrian vision due to glare.
(5)
Spotlight-type fixtures attached to buildings shall not be permitted.
(6)
Freestanding lights shall be so located and protected as to prevent damage by vehicles.
(7)
Lighting shall be located along streets, parking areas, at intersections and where various types of circulation systems merge, intersect or split, as required by the Planning Board.
(8)
Pathways, sidewalks and trails shall be lighted with suitable low- or pedestrian-type standards.
(9)
Exterior stairways, sloping or rising paths, building entrances and exits shall be suitably illuminated for safety purposes.
§ 120-57 Adjustment of regulations.
Where the Planning Board finds that, because of the special circumstances of a particular case, hardship may result from strict compliance with these regulations, it may adjust the regulations so that substantial justice may be done and the public interest secured, provided that any such adjustment will not have the effect of nullifying the intent and purpose of these regulations, this zoning chapter, the Comprehensive Plan or the Official Map of the Village. In granting any adjustment, the Planning Board shall attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the standards or requirements so adjusted.