The location and size of the use.

The size, configuration and topography of the site in relation to the use.

The location of the site with respect to the capacity of access streets to accommodate the volume and concentration of traffic generated by the use.

The location and nature of the structures.

The height, bulk, density, coverage and setback of the structures.

The number, location, and design of the access.

Only the occupants and a maximum number of 2 non-resident assistants or employees may conduct the activity.

The activity shall be conducted entirely within the dwelling and/or accessory structures.

The area devoted to the home occupation shall not exceed fifty percent (50%) of the total floor area of the principal structure, with this amount not exceeding five hundred (500) feet.

The number of home occupations per dwelling shall be limited to one (1).

Significant alteration not customarily to residential areas is prohibited.

Maintenance of a commodities display visible outside the residence is prohibited.

The carrying or selling of goods or articles not produced on the premises is prohibited.

Storage of materials or equipment outside of the principal or accessory structures is prohibited.

The generation of traffic in greater volumes than would normally be expected in the neighborhood is prohibited.

Fences shall be designed to prevent undue restriction of light and views of neighboring properties.

The development shall demonstrate that on a long term basis, staggered hours of usage of the off-street parking spaces by the various uses allows a reduction in the number of required spaces.

The space shall be located within five hundred (500) feet of the use to which the parking is accessory.

The space shall be located on a lot either in the same ownership or leased for a period consistent with the nature of the use to which the parking is accessory.

The sign shall extend out from the building no further than three (3) feet.

The sign shall not exceed nine (9) square feet in area.

The sign shall be suspended essentially perpendicular to the building facade, except for corner building, where suspension at an angle other than perpendicular may occur to allow visibility of the sign from both streets.

Special attention shall be paid to the design of the individual sign and its relation to other nearby projecting signs to minimize the visual confusion and clutter associated with projecting signs.

One sign shall be permitted per lot.

A sign shall not be located within any minimum yard required in the district and shall be erected substantially parallel or perpendicular to lot lines.

Each individual sign shall not exceed six (6) square feet in area or ten (10) feet in height.

The aggregate total area of directional signs per use shall not exceed twenty-four (24) square feet.

The arrangement and design of the storage facilities and location in relation to adjacent residences and other uses shall be adequate to insure public safety.

Mobile home parks shall be subject to the "Mobile Home Park Ordinance of the Village of Hoosick Falls."

No more than six (6) bedrooms may be rented on a lot.

The relative transience of the occupants shall not disrupt the residential character of residential neighborhoods.

The enforcing Board shall determine that the water supply and sewage disposal systems have adequate capacity under normal and emergency conditions to serve the number and density of units and height of the structure at the location.

Emergency access shall be adequate under year round traffic and weather conditions.

No facilities used by the children shall be located above the second floor.

Activities located outdoors or in accessory structures shall be properly screened and fenced to provide for the safety of children and to minimize disturbance to neighboring properties.

No vending machine, merchandising or commercial activity shall be conducted except as required generally for the membership and accessory purposes of the club.

The adequacy of off-street parking during peak load shall be a special concern, and the enforcing Board shall in each case consider requiring additional space beyond that required in the Parking Schedule.

Activities located outdoors or in accessory structures shall be properly screened and fenced to minimize disturbance to neighboring properties.

Exterior lighting and public address systems shall be properly located and regulated to minimize disturbance to neighboring properties.

The use shall be reasonably necessary for the service, convenience or welfare of the public and cannot be located in another less restrictive district.

Adequate fences and other devices to promote safety shall be provided in addition to adequate screening and landscaping to buffer neighboring properties.

The use shall be designed primarily to serve the surrounding neighborhood.

The adequacy and configuration of access and off-street parking during peak load shall be a special concern to prevent disruption of residential neighborhoods.

The use shall not cause nuisance to neighboring residential uses due to noise, activities or schedule.

Adequate screening and fencing shall buffer the use from surrounding residential uses.

Adequate fences and other devices to protect safety shall be provided in addition to adequate screening and landscaping to buffer neighboring properties.

The facility shall affirmatively demonstrate that the inherent danger and adverse visual impact associated with the height of the structure shall not unduly effect the surroundings.

In DC and C-I districts, no animal housing or related structures shall be located outdoors.

Setbacks, screening and fencing shall be sufficient to minimize the impact of inherent nuisances such as noise and odor.

No gas station shall be located within two hundred (200) feet of any school, church, public library, theater, hospital, park, playground or other public gathering place designed for occupation by more than fifty (50) people, the distance to be measured in a straight line between the nearest point of each lot.

All the premises in all districts shall be subject to the Area and Bulk Schedule applying generally to the Industrial district, except that the structure height shall be limited to one (1) story.

Accessory structures, including fuel pump islands and underground fuel storage tanks, shall not be located within any minimum required yard.

No parking of motor vehicles shall occur within five (5) feet of any lot line.

Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet nor more than twenty (20) feet; shall not be located nearer than ten (10) feet to any lot line; and shall be so laid out as to avoid the necessity of any vehicle backing into a public right of way.

Gasoline or flammable oils in bulk shall be stored fully underground.

All repair work and storage of equipment, materials, supplies, and parts shall be located within the structure completely enclosed on all sides.

The overnight, outdoor parking of vehicles is prohibited except where such vehicle is properly registered and is undergoing active repair or where such vehicles are for sale.

The permitted free standing sign may be erected less than ten (10) feet from the front lot line.

In residential districts, minimum required side and rear yards shall be landscaped, and adjacent properties shall be buffered by a fence.

In a residential district, no major motor vehicle repair shall be conducted.

All stations shall clearly display, in the pump area, signs indicating that smoking is not allowed in the pump area.

The Village Board of Trustees of the Village of Hoosick Falls, Rensselaer County, New York do hereby ordain and enact the Village of Hoosick Falls Site Plan Review Law pursuant to the authority and provisions of Section 10 of the Municipal Home Rule Law and Section 7-725 of the Village Law.

This section of this local law shall be known as the "Village of Hoosick Falls Site Plan Review Law." The Village of Hoosick Falls is hereinafter referred to as the "Village".

Through site plan review, it is the intent of this local law to promote the health, safety, and general welfare of the Village. A clean, wholesome attractive environment is declared to be of importance to the health and safety of the inhabitants of the Village and in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Village and the general welfare of its inhabitants. It is further the intent of this local law to ensure the optimum overall conservation, protection, preservation of resources of the Village, by regulation land use activity within the Village through review and approval of site plans. It is not the intent of this local law to prohibit per se any land use activity but to allow all land use activities which will meet the standards set forth in this local law.

The Planning Board is hereby authorized to review and approve or disapprove site plans for land uses with the Village hereinafter designated pursuant to and in accordance with the standards and procedures set forth in this local law.

All land use activities within the Village shall require site plan review and approval before being undertaken, except the following:

This law does not apply to uses and structures which are lawfully in existence as of the date of this local law becomes effective. Any use which would otherwise be subject to this law, that has been discontinued for a period of one (1) year or more shall be subject to review pursuant to the terms of this law before such use is resumed. Any use or structure shall be considered to be in existence the same has been substantially commenced as of the effective date of this local law and fully constructed and completed within two (2) years from the effective date of this local law.

A sketch plan conference shall be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of his proposal prior to the preparation of a detailed site plan, and for the Planning Board to review the basic site design concept advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan In order to accomplish these objectives, the applicant shall provide the following:

An application for site plan approval shall be made in writing to the chairman of the planning board and shall be accompanied by information contained on the following checklist. Where the sketch plan conference was held, the accompanying information shall be drawn from the following checklist as determined necessary by the planning board at said sketch plan conference.

An application for site plan review shall be accompanied by a fee to be set by the Village Board and located in the current Village Fee Schedule in effect at the time of Application.

Cost incurred by the planning board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan may be charged to the applicant.

The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general consideration.

The Planning Board may, in its discretion, upon good and sufficient cause, waive any of the requirements as set forth in this local law, except for the payment of required fees.

Any request for waivers shall be made in writing to the planning board by the applicant, or may be made by the planning board upon its own initiative.

The planning board, before it engages the services of professional consultants for the purposes of reviewing any application for site plan approval, shall submit either the site plan or any questions concerning the site plan to the Village Engineer, Village Attorney, Rensselaer County Planning Board, Rensselaer County Bureau of Planning, or other Rensselaer County officials or boards for their recommendation.

The Planning Board may conduct a public hearing on the preliminary site plan if a public hearing is considered desirable by a majority of the members of the planning board, such public hearing shall be conducted within forty-five (45) calendar days of the receipt of the application for preliminary site plan approval and shall be advertised in the official newspaper the Village at least five (5) calendar days prior to the public hearing.

Within sixty (60) days of the receipt of any application for preliminary site plan approval, the planning board shall act on it. If no decision is made by the Planning Board within said sixty (60) day period, the preliminary site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant, stating whether or not the preliminary site plan is approved, disapproved, or approved with modifications. A copy of the appropriate minutes of the planning board shall be a sufficient statement. The time period in which the planning board must render its decision can be extended by mutual consent of the applicant and the planning board.

After receiving approval, with or without modification, from the Planning Board for a preliminary site plan, the applicant may prepare a final detailed site plan and submit it to the planning board for approval. If more than six (6) months have elapsed between the time of the planning board's action on the preliminary site plan and if the planning board finds that conditions have changed significantly in the interim, the planning board may require a resubmission of the preliminary site plan for further revision and possible revision prior to accepting the proposed final site plan review.

The final detailed site plan shall conform substantially to revisions and other features that may have been recommended by the planning board in its preliminary review. Also such compliances shall be clearly indicated by the applicant on the appropriate submission.

The following additional information shall accompany an application for final detailed site plan approval:

Within forty-five (45) days of receipt of the application for final site plan approval, the planning board shall render a decision to the building inspector. If no decision is made with forty-five (45) day period, the final site plan shall be considered approved.

Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due to the Village, the planning board shall endorse its approval on a copy of this final site plan and shall forward said copy to the building inspector who may then issue a building permit, if the project conforms to all applicable zoning law requirements.

Upon disapproval of a final site plan, the planning board shall inform the applicant in writing of its decision and its reason for disapproval. The planning board shall also inform the building inspector who may deny a building permit or certificate of occupancy to the applicant.

Supreme Court Review: Any person aggrieved by any decision of the planning board or any officer, department, board of bureau of the Village, may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted with thirty (30) days after the filing of a decision on the office of the Village Clerk.

The planning board may, after a public hearing, adopt such further rules and regulations as it deems reasonably necessary to carry out the provisions of this local law.

The Village Board of Trustees may on its own motion, on petition, or on recommendation of the planning board, after public notice and hearing, amend this local law pursuant to all applicable requirements of law.

All proposed amendments originating by petition or by motion of the Village Board of Trustees shall be referred to the planning board for a report and recommendation thereon. The planning board shall submit its report within thirty (30) days after receiving such referral. Failure of the planning board to report within the required time shall be deemed to constitute a recommendation for approval of the proposed amendment.

Whenever the circumstances of proposed development require compliance with this Site Plan Review Law and with any other local law, ordinance or requirement of the Village, or State Environmental Quality Review Act, the planning board shall attempt to integrate, as appropriate, site plan review as required by this local law with procedural and submission requirements such other compliance.

Any person, corporation, partnership, association, or other legal entity who shall violate any of the provisions of this law, or any conditions imposed by a permit pursuant hereto, shall be guilty of any offense and subject to a fine of not more than two hundred fifty dollars, ($250.00) or by penalty of two hundred fifty dollars, ($250.00) to be recovered by the Village in a civil action.

Every such person or entity shall be deemed guilty of a separate offense for each day such violation, disobedience, omission, neglect or refusal shall continue.