Hilton City Zoning Code
ARTICLE V
Site Plan Approval
§ 275-31 Site plan approval purpose.
The purpose of site plan approval is to determine compliance with the objectives of this chapter in those zoning districts where inappropriate development may cause a conflict between uses in the same or adjoining zoning district by creating unhealthful or unsafe conditions and thereby adversely affect the public health, safety and general welfare.
§ 275-32 Compliance required, applicability.
A.
The following actions are exempt from the requirement for site plan review pursuant to this article, unless site plan is otherwise required as a condition of a separate Village approval or as determined by the Village Code Enforcement Officer that site plan review would be useful and appropriate to further the purposes and intent of this Zoning Ordinance or otherwise serve the public interest:
(1)
The construction or alteration of or addition to a one- or two-family dwelling and their accessory structures.
C.
Site plan review is required prior to issuing a building permit or prior to the issuance of a certificate of occupancy if no permit is required.
D.
Site preparation or the commencement of construction prior to the termination of proceedings under this article is prohibited.
E.
Except for those actions exempt from site plan review, no building permit or certification of occupancy shall be issued except in compliance with the standards and procedures set forth in this article.
F.
If the project value is $20,000 or more, in accordance with NYS Education Law, then the site plan information and dwelling designs shall be prepared by a licensed architect or engineer.
§ 275-33 Authorization to grant or deny.
The power to approve, approve with conditions or deny site plan, as required by this article, is vested in the Zoning Board of Appeals.
§ 275-34 Preliminary site plan application and approval.
A.
Preliminary application. Application for preliminary site plan approval shall be made in writing to the Code Enforcement Officer who shall refer the application, when complete in all respects, to the Zoning Board of Appeals for its review and decision. All applications shall be accompanied by the following information:
(1)
Five copies of an area map showing applicant's entire holding, that portion of the applicant's property under consideration and all properties, their ownership, uses thereon, subdivisions, streets, zoning districts, easements and adjacent buildings within 500 feet of applicant's property.
(2)
If grades exceed 10%, or portions of the site have a moderate to high susceptibility to erosion, or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than two feet of elevation shall be provided with an overlay outlining the above susceptible areas, if any.
(3)
A preliminary site plan shall include the following information in existing and proposed conditions:
(a)
Title of the drawing, including the name, phone number, email, and address of the applicant.
(b)
Name, contact information, and any professional licensure of whomever created the plan.
(c)
North point, scale and date.
(d)
Boundaries of the project, plotted to scale.
(e)
Location map.
(f)
Existing watercourses, floodplains, wetlands, and other natural features.
(g)
Location of proposed land uses and their area in square feet and location, proposed use and height of all buildings.
(h)
Location, sizes, and design of all existing or proposed site improvements including streets, drains, culverts, retaining walls, fences and easements, whether public or private.
(i)
Location, material, and design of all parking and truck loading areas, with access and egress drives thereto including bike parking.
(j)
Location, sizes, and design sewage disposal and water systems.
(k)
Location, design, and size of all signs and lighting facilities including a photometric plan for outdoor lighting.
(l)
Location and proposed development of vegetation, buffer areas, and other landscaping including a landscape planting schedule.
(m)
Grade contours at intervals of not more than two feet of elevation.
(n)
Delineation of the various residential, commercial, or other use areas, if applicable, indicating for each such area its general extent, size and composition in terms of the total number of dwelling or other unit types, a general description of the intended market structure and a calculation of the residential density in dwelling units per gross acre for each such area.
(o)
When applicable, a general description of the provision of other community facilities, such as parks, schools, fire protection services and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
(p)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 215, Stormwater Management, of the Hilton Code, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Articles I and III of Chapter 215, Stormwater Management.
(q)
Location, size and design of sidewalks and cycling infrastructure on any internal facilities and those on abutting roadways.
(r)
Location of school bus and transit routes and stops within or adjacent to the site including a description of any stop shelters or benches.
(s)
Streets within or adjacent to the site include material and design (widths, radius, etc.)
(4)
In addition, the following documentation shall accompany the preliminary site plan:
(a)
Evidence that the proposal is compatible with the goals of the Comprehensive Plan.
(b)
If the development is to be staged, a general indication of how the staging is to proceed.
(c)
Whether or not the development is to be staged, the preliminary plan shall show the intended total project.
(d)
Any project that requires more than 24 months to complete shall be staged.
(5)
The Zoning Board of Appeals may require such additional information that appears necessary for a complete assessment of the project.
B.
Preliminary approval.
(1)
Within 90 days of the receipt of a certified complete preliminary site plan application, the Zoning Board of Appeals shall act on it. If no decision is made within said 90-day period, the preliminary site plan shall be considered conditionally approved. If the Zoning Board of Appeals acts before the 90-day period, it shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved and any conditions imposed. A copy of the appropriate minutes of the Zoning Board of Appeals shall be a sufficient report.
(2)
Notice of such proposed action shall be referred to the County Planning Board in accordance with Village Law § 7-725-a. The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
(3)
The Zoning Board of Appeals review of a preliminary site plan shall include, but is not limited to the following considerations:
(a)
Adequacy and arrangement of vehicular traffic access and circulation.
(b)
Adequacy and arrangement of pedestrian and other transportation access and circulation.
(c)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d)
Location, arrangement, size and design of buildings, lighting and signs.
(e)
Relationship of the various uses to one another and their scale.
(f)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between adjacent uses and adjoining lands.
(g)
Adequacy of stormwater and sanitary waste disposal.
(h)
Adequate of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(4)
The Zoning Board of Appeals statement may include recommendations as to desirable revisions to be incorporated in the final site plan, of which conformance with shall be considered a condition of approval. If the preliminary site plan is disapproved, the Zoning Board of Appeals' statement shall contain the reasons for such findings. In such a case, the Zoning Board of Appeals may recommend further study of the site plan and resubmission of the preliminary site plan to the Zoning Board of Appeals after it has been revised or redesigned. No modification of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with moderate to high susceptibility to erosion, or excavation for and construction of site improvements, shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of this Zoning Law and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
§ 275-35 Final site plan application and approval.
A.
Final application. After receiving conditional approval from the Zoning Board of Appeals on a preliminary site plan, and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final site plan (five copies) and apply in writing to the Code Enforcement Officer, who shall refer the application, when complete in all respects, to the Zoning Board of Appeals for its review and approval. However, if more than one year has elapsed between the time of the Zoning Board of Appeals report on the preliminary site plan and if the Zoning Board of Appeals finds that conditions have changed significantly in the interim, the Zoning Board of Appeals may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review. The final site plan shall conform to the approved preliminary site plan and shall incorporate any revisions or other features that may have been recommended by the Zoning Board of Appeals at the preliminary review. All compliances shall be clearly indicated by the applicant.
B.
Final approval. Within 62 days of receipt of the certified complete final plan application from the Code Enforcement Officer, the Zoning Board of Appeals shall render a decision to the Code Enforcement Officer. If no decision is made within the 62-day period, the final site plan shall be considered approved. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and such Board. Notice of such proposed action shall be referred to the County Planning Board in accordance with Village Law § 7-725-a.
(1)
Upon approval, the Zoning Board of Appeals shall endorse its approval on a copy of the final site plan and shall forward it to the Code Enforcement Officer, who shall then issue a building permit if the project conforms to all other applicable requirements.
(2)
Upon disapproval, the Zoning Board of Appeals shall so inform the Code Enforcement Officer, and they shall deny a building permit. The Zoning Board of Appeals shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
(3)
Requirement for improvements shown on the site plan shall be those set forth in this chapter and in other local laws, ordinances, rules and regulations or in construction specifications of the municipality.
C.
Site plan termination. Final site plan approval shall be valid for a period of 60 months from the date thereof for the purpose of obtaining building permits. Failure to secure, without subsequent revocation or termination, a building permit during this period, or revocation or termination of a building permit subsequent to this period, shall cause the site plan approval to become null and void. Upon application, the Zoning Board of Appeals may extend this period not more than 84 months from the date of final site plan approval. Nothing herein shall prohibit a new application for site plan approval following such termination in accordance with the requirements of this chapter.
§ 275-36 Special provisions.
A.
If the project value is $20,000 or more, in accordance with NYS Education Law, then the site plan information and dwelling designs shall be prepared by a licensed architect or engineer.
B.
Adequate stormwater drainage shall be provided and shall be based on a 10-year rainfall frequency for interior drainage design. A project shall be in or part of a drainage district.
C.
The storage or accumulation of refuse shall be subject to Village approval.
D.
All projects shall be suitably landscaped; including the provision of vegetation of suitable species and at appropriate levels of maturity in order to screen effectively dissimilar uses from one another, both visually and acoustically, and to protect and enhance the overall quality of the environment.
E.
The following special provisions apply only to multifamily developments:
(1)
Every development shall have within it suitable open space available for the use of the residents. Development of this open space for passive and/or active recreational uses shall be provided in a manner suitable to the prospective occupants of the development. Area devoted to swimming pools and other such formal recreation areas shall be considered in meeting this requirement. Yard areas may also be so considered as long as access to them is not prohibited by fencing or other means, but parking areas shall not be included in such assessment. This requirement may be waived by the Zoning Board of Appeals where the applicant can demonstrate that existing, nearby park facilities are adequate substitutes and accessible to the future residents.
(2)
Buildings shall be located so that the privacy of individual units is protected, so that their arrangement creates usable open space, avoids monotonous, undifferentiated silhouettes, and produces a satisfactory microclimate.
(3)
Sidewalks shall be provided and be integrally designed so as to provide safe and convenient access between buildings, internal recreation, parking and service areas, and to surrounding areas of the Village.
(4)
A school bus loading area may be required that meets necessary safety standards and locational needs.
F.
All exterior lighting shall comply with the Recommended Practices (RP-33) Lighting for Exterior Environments, and (RP-20) Parking Lots, of the Illuminating Engineering Society of North America, as may be amended or modified from time to time.
§ 275-37 Single stage review.
Where a development is to occur in a single phase, the application may be reviewed in a single stage. The site plan shall be provided in a final form and include all information required for preliminary and final site plans as specified herein.
§ 275-38 Public hearing required.
Before a site plan is approved, the proposed site plan shall be considered by the Zoning Board of Appeals at a public hearing. Notice of said hearing shall be given as provided in § 275-68.
§ 275-39 Appeal.
The applicant, or any interested person, may appeal a decision of the Zoning Board of Appeals to the Courts as provided by the laws of the State of New York. Reference is made to § 275-61.