Hillburn City Zoning Code
ARTICLE XII
Site Plan Approval
§ 250-54 Purpose.
Pursuant to the authority enumerated herein, the Planning Board of the Village of Hillburn is hereby empowered to review and approve, approve with modifications, or disapprove site plans in order to ensure that proposed development and use of land within the Village of Hillburn will have a harmonious relationship with the existing or permitted use of contiguous land and of adjacent neighborhoods and that the health, safety, welfare, comfort and convenience of the public is fully considered. No building permit shall be issued except upon approval of a site plan as required herein.
§ 250-55 Applicability.
A.
Table A, Schedule of General Use and Bulk Requirements, sets forth the uses which are subject to site plan approval.[1] Except for a one-family residence which is exempted from these regulations, site plan approval by the Planning Board shall be required for the following:
(1)
Any special use permit, unless specifically exempted under the use type column in Table A.
(2)
Any use in the LS, GC, RED, LI, VC, or TOD Zoning Districts.
(3)
Any nonresidential use located within a residential zoning district.
[1]
Editor's Note: Table A is included as an attachment to this chapter.
B.
Change of use.
(1)
Any change of use or intensity of use of an existing building or lot which has previously received site plan approval, and which does not involve any area variance, does not involve any enlargement or alteration, but which will result in a change in occupancy or tenancy, require a modification of existing means of access or egress, parking or loading facilities, drainage, utilities, landscaping or screening or outdoor lighting shall be reviewed by the Code Enforcement Officer, and the Code Enforcement Officer shall determine whether said change of use shall require Planning Board site plan approval. The following data shall be provided by the applicant in order for the Code Enforcement Officer to render a determination:
(a)
Description of the proposed use, including: the type of use as set forth for the zoning district within which the change of use is located; number of employees, including by shift; number of required parking spaces for the use; hours of operation; anticipated vehicular and truck trips per week; amount of storage, type of material stored, and location of storage; water and sewer demand; amount of refuse disposal;
(b)
In a multitenant building, a floor plan showing the location of the occupant's or tenant's space relative to the building within which it will be located.
(2)
The Code Enforcement Officer shall review the existing site plan, and a determination shall be made as to whether the proposed change of use involves changes which alter the approved site plan to an extent that requires a site plan amendment or other approvals.
(3)
The data shall be provided on forms supplied by the Village, and the determination of the Code Enforcement Officer shall be placed in the files for the relevant property.
(4)
Where the Code Enforcement Officer determines that site plan approval is not required, a certificate of use shall be issued.
(5)
The Code Enforcement Officer shall have the authority to refer any application involving a change of use to the Planning Board for site plan approval.
§ 250-56 Standards.
In considering and approving site plans, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general, and of the residents, employees, tenants, customers, or users of the proposed development and the immediate neighborhood in particular, and shall prescribe appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter and the Comprehensive Plan, and the following objectives:
A.
The opportunity for safe, adequate and convenient vehicular and pedestrian traffic circulation both within and without the site. The proposed traffic accessways shall be sufficient, but not excessive, in capacity; are adequate in width, grade, alignment and visibility; are not located too near street corners or places of public assembly; are designed with due regard to other similar safety considerations; and are provided with all traffic safety devices needed for the protection of motorists, cyclists and pedestrians. At least the following aspects of the site plan shall be evaluated to determine conformity to this standard:
(1)
The effect of the proposed development on traffic conditions on existing streets.
(2)
The number, locations and dimensions of vehicular and pedestrian entrances, exits, drives and walkways.
(3)
The adequacy of safe visibility at all exit points of the site. The driver of a motor vehicle should have an unobstructed view of the street for the distance necessary to allow safe entrance into the traffic stream.
(4)
The location, arrangement and adequacy of off-street parking and loading facilities.
(5)
Interconnection of parking facilities via access drives between adjacent lots, designed to provide maximum safety, convenience and efficiency of traffic circulation, and to minimize curb cuts on neighboring streets.
(6)
Patterns of vehicular and pedestrian circulation both within the boundaries of the development and in relation to the adjoining road and sidewalk system.
(7)
The location, arrangement and adequacy of facilities for the physically handicapped, such as ramps, depressed curbs and reserved parking spaces.
(8)
The location, arrangement and adequacy of landscaping within and bordering parking facilities and loading spaces.
(9)
The adequacy of fire lanes and other emergency facilities and services. The applicant shall be required to allow enforcement of parking and traffic circulation restrictions by local police, fire and Village officials, as determined appropriate.
B.
The protection of environmental quality and the preservation and enhancement of property values. At least the following aspects of the site plan shall be evaluated to determine conformity to this standard:
(1)
The location, height and materials of walls, fences, hedges and plantings so as to ensure harmony with adjacent development, screen parking facilities and loading spaces and to conceal storage areas, refuse areas, utility installations and other such features.
(2)
The prevention of dust, erosion and drainage onto adjacent properties both during and after construction, through the planting of ground cover or the installation of other appropriate protective devices and/or ground surfaces.
(3)
The preservation of natural features such as wetlands, unique wildlife habitats, historic structures, major trees and scenic views both to and from the site.
(4)
The arrangement, type and design of signage and exterior lighting; that all outdoor lighting is of such nature and so arranged as to harmonize with the character of the neighborhood and preclude the diffusion of glare onto adjoining properties and streets.
(5)
The design and arrangement of buildings, structures and accessory facilities (such as air-conditioning systems, public address systems, etc.) so as to achieve minimum and acceptable noise levels at the property boundaries.
(6)
The provision of adequate stormwater and surface water drainage facilities so as to properly drain the site while maximizing groundwater recharge, minimizing downstream flooding and preventing the degradation of water quality.
(7)
Access to sunlight as related to building siting, orientation and landscaping, as well as present and potential future solar energy systems. The site plan and building design shall conserve energy to the maximum extent.
(8)
The design and arrangement of facilities to accommodate both refuse and recycling storage containers.
C.
That, wherever possible, areas set aside for play and other active use by residents or users of the site are located with due regard for their safety and welfare.
D.
That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets where practical and needed for the protection of such lots and streets; that the general landscaping of the site is in character with or superior to that generally prevailing in the neighborhood and will enhance the aesthetic aspect of the abutting street or streets; and that all existing trees over eight inches in diameter, measured three feet above the base of the trunk, are retained to the maximum extent possible.
E.
That all areas not paved or improved with buildings be landscaped so as to avoid the creation of expanses of pavement.
F.
That the drainage and sewerage systems are adequate to accommodate any expected loads, and that all runoff from stormwater and subsurface water is carried into approved watercourses and drainage systems shown on official maps, and that all connections to Village systems are in accordance with Village standards, and, where appropriate, that such drainage improvements be installed on easements to be granted to the Village of Hillburn.
G.
That all proposed structures, equipment or materials will be readily accessible for fire and emergency protection and will not constitute a fire hazard for adjacent structures, and that adequate provision be made for emergency services, including the provision of water to meet fire safety requirements, based on recommendations or requirements of the Hillburn Fire Department.
H.
That the site layout and overall appearance of buildings on the site will not have any reasonably avoidable adverse impact upon the desirability of adjacent properties by impairing the established character or value thereof.
§ 250-57 Referral to Rockland County Department of Planning.
§ 250-58 Procedure.
A.
Site plan approval required. In all cases where this Zoning chapter requires site plan approval as set forth in herein, no building permit or certificate of occupancy shall be issued by the Code Enforcement Officer except upon authorization of, and in conformity with, site plan approval of the Planning Board. The Code Enforcement Officer shall review all land development applications, determine whether the use is allowed in the zoning district where proposed, and whether the application shall require site plan review and approval from the Planning Board.
B.
Application. The site plan application and any necessary accompanying drawings or maps shall contain those items required by the Planning Board as are listed in site plan specifications below and shall be provided in 10 copies. The Planning Board may vary or waive the provision of any of the required information listed in § 250-61 hereof only where it finds it to be inappropriate or unnecessary due to special conditions peculiar to the site. The Board shall assure that the granting of such variance or waiver will not have a detrimental effect on the public health, safety or general welfare.
C.
Application for area variance. Notwithstanding any provisions of law to the contrary, where a proposed site plan contains one or more features which do not comply with the zoning regulations, applications may be made to the Zoning Board of Appeals for an area variance without the necessity of a decision or determination of the Code Enforcement Officer.
D.
Payment of fee. The applicant shall pay a fee in accordance with the schedule of fees of the Village of Hillburn.
E.
Review for completeness. Upon receipt of an application for site plan approval, the Planning Board shall review the application and accompanying maps for completeness. The Planning Board shall deem the application complete at a scheduled meeting.
F.
SEQRA. The Planning Board shall comply with the regulations implementing SEQRA under Article 8 of the Environmental Conservation Law.
G.
Public hearing and decision on site plans. The Planning Board, in its discretion, may hold a public hearing. In the event a public hearing is held, the Planning Board shall conduct a public hearing within 62 days from the date of the meeting at which the site plan application is deemed complete, and shall make a decision on the application within 62 days after such hearing, or after the date of the meeting at which it is deemed complete if no hearing is held. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and such Board. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant. Nothing herein shall preclude the holding of a public hearing on any matter on which a public hearing is not so required.
H.
Conditions attached to the approval of site plans. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by the Code Enforcement Officer or other officials of the Village.
I.
Signing and filing. Following approval by the Planning Board, the site plan shall be signed by the Planning Board Chairperson and filed with the Planning Board office and Building Department. The maps shall not be signed until all Planning Board conditions required prior to filing of the signed map are satisfied. Upon signing and filing, the Code Enforcement Officer may issue a building permit or certificate of occupancy in reliance thereon. No changes, erasures, modifications or revisions shall be made to any site plan after approval has been granted by the Board and endorsed, in writing, on the site plan; otherwise the site plan shall be deemed void.
J.
Site plan approval; maintenance a continuing obligation.
(1)
In the event a site plan is approved with conditions, the applicant shall have 180 days from the date of approval to satisfy such conditions. Failure of the applicant to satisfy such conditions within such 180-day period shall render the site plan approval void. The Planning Board, upon good cause shown, may extend the 180-day period for one additional 180-day period.
(2)
Site plan approval shall be effective for a period of three years from the date the resolution of approval is adopted by the Planning Board. If, at the end of the three-year period, the applicant has not commenced construction, site plan approval shall expire automatically, and the applicant must reapply for site plan approval pursuant to this Zoning chapter. If, at the end of five years from the date of approval, construction is not completed and a certificate of occupancy issued, site plan approval shall automatically expire and the applicant must reapply for site plan approval pursuant to this Zoning chapter.
(3)
Site maintenance. It shall be a continuing obligation and requirement to maintain a property in compliance with the approved site plan. Failure to do so shall constitute a violation of this Zoning chapter.
K.
Amendment to approved site plan. An application for an amendment to a previously approved site plan shall be acted upon in the same manner as the application for approval of the original site plan.
L.
Surety bond required. Following approval of the site plan by the Planning Board, in addition to any other fees required by the Village, the applicant shall file with the Village Clerk adequate surety in an amount set by the Planning Board in consultation with the Village Engineer, sufficient to cover the full cost of any required on- or off-site improvements. Said surety may consist of one or more of the following: cash; performance bond, passbook, or the completion of improvements prior to the issuance of the building permit or certificate of occupancy or use, as determined by the Planning Board. The form of the surety must be approved by the Village Attorney. If the value of improvements is less than $10,000, the Planning Board may waive the surety requirements.
M.
Surety. The surety bond may cover any of the following, among others: proposed screening and landscaping, including planting and maintenance thereof for a minimum of one year and a maximum of three years, at the discretion of the Planning Board; stormwater drainage system; streets and drives; water and sanitary sewer systems; outdoor lighting; off-street parking and loading areas; means of vehicular access and egress to and from the site onto public streets; recreation areas, including playgrounds; garbage collection stations; and fire alarm systems (if any). Release of the said surety shall be conditioned upon completion by the property owner or developer of all of the applicable work, as set forth on the approved site plan, in a manner satisfactory to the Village Engineer, and upon the proper functioning of said systems for a period of one year following their completion.
N.
Completion of improvements. No certificate of occupancy shall be issued for the property until the improvements shown upon the site plan and the off-site improvements, as required by the Planning Board, have been duly installed, and all easements and property interests granted or dedicated to the Village; except that, where an improvement bond has been required, a certificate of occupancy may be issued where the bond has been duly approved and filed.
§ 250-59 Referral.
The Planning Board may request a review of the site plan by the Village Engineer or other department, official or agency of the Village or by outside experts or the County Highway Department, which opinion shall be rendered within the period set forth in § 250-58G above.
§ 250-61 Site plan specifications.
A.
Required information. The following information must be submitted in conjunction with any application for site plan approval, except that the Planning Board may waive those items determined to be unnecessary in individual situations. The site plan shall be prepared and certified by a professional engineer, land surveyor or registered architect licensed in New York State.
(1)
An area map at a convenient scale, which shall include railroads, streams, street rights-of-way and street intersections; the location of the nearest public roads on all four sides; and all public improvements such as schools, firehouses, houses of worship, recreational areas, etc.
(2)
A map of the applicant's entire holding, at a convenient scale, and all surrounding properties.
(3)
The names of all owners of record of adjacent property.
(4)
Existing school, zoning and special district boundaries within 500 feet of the property.
(5)
Current survey of the boundaries of the property and existing lot lines as shown on the current tax map as well as tax map and lot numbers, and a zoning legend demonstrating compliance with the Table A, Schedule of General Use and Bulk Requirements.[1]
[1]
Editor's Note: Table A is included as an attachment to this chapter.
(6)
Existing public streets, easements or other reservations of land.
(7)
A copy of the deed and any covenants or deed restrictions that are intended to cover all or any part of the tract.
(8)
Location of all existing structures on the site, as well as those on adjacent properties within 100 feet of subject lot line.
(9)
The proposed location and use of any building or structure.
(10)
The proposed location of any use not requiring a structure, including walkways, benches, fences, and recreational facilities.
(11)
Floor plans and elevations of all proposed buildings or structures or accessory structures, and details of all proposed outdoor signs.
(12)
All existing and proposed means of vehicular access and egress to and from the site.
(13)
Location and design of all driveways, parking and loading areas, and parking legend with parking calculations to determined required number of parking and loading spaces.
(14)
Location of all existing and proposed waterlines, valves and hydrants and all sewer lines.
(15)
Proposed sewage disposal system or sewer connections.
(16)
Proposed stormwater drainage system, including physical details and engineering computations.
(17)
Proposed fencing, screening and landscaping.
(18)
Proposed location, direction and type of outdoor lighting.
(19)
Current boundary survey with existing contours, at two-foot intervals or less extending 50 feet beyond the property line.
(20)
Proposed grading plan with proposed contours at two-foot intervals or less extending 50 feet beyond the property line.
(22)
Where the applicant wishes to develop the project in stages, a site plan indicating ultimate development shall be presented for approval of the entire parcel.
(23)
Proposed limits of disturbance and soil erosion control plan.
(24)
The Planning Board, in its discretion, may require the following additional data in support of a development application:
(a)
Material data safety sheets.
(b)
Floor plans, elevations and renderings.
(c)
Visual and noise impact analyses.
(d)
Demographic analysis or data, describing the population to be generated by the proposed project, which shall consider, among other information, the anticipated household type and household size for residential subdivisions or site plans.
(e)
Ecological survey.
(f)
Cultural resource survey.
(g)
Traffic impact analysis.
(h)
Groundwater impact analysis.
(i)
Water supply demand and wastewater generation calculations.
(j)
Stormwater analysis.
(k)
Any other report or study deemed necessary to render a decision on the site plan application. The Planning Board may require additional data where it is warranted due to special conditions of the site or complexity of the proposed development.
B.
Amending specifications. These specifications may from time to time be amended or modified by the Planning Board. All amended or modified specifications shall be approved by the Village Board in conformity with the procedure for amendment of this chapter.
C.
Informal review. An applicant may submit, at his discretion and subject to the consent of the Planning Board, prior to a formal submission, an application to the Planning Board for informal site plan review. The applicant shall submit all items required, including payment of 1/2 the required fee, but need not submit a complete site plan as required for final application for site plan approval.
§ 250-63 Public and site improvements; recreation.
A.
All public and site improvements to be constructed pursuant to an approved site plan shall conform to Village standards.
B.
Reservation of parkland on site plans containing residential units. Before the Planning Board may approve a site plan containing residential units, such site plan shall also show, when required, a park or parks suitably located for playground or other recreational purposes.
(1)
Land for park, playground or other recreational purposes may not be required until 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 within the Village. 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)
In the event the Planning Board makes a finding that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such 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 determination of suitability, the Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
(3)
Notwithstanding the foregoing provisions of this section, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.