Horse Heads City Zoning Code
ARTICLE XIX
Special Uses and Site Plan Review
§ 245-119 Special use and site plan approval.
A.
Special uses as enumerated in this chapter shall be permitted only upon authorization of the Board of Trustees after review by the Planning Board, provided that such uses shall be found to comply with this article and other applicable requirements set forth in this chapter.
B.
The purpose of site plan review 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 districts by creating unhealthful or unsafe conditions and thereby adversely affecting the public health, safety and general welfare.
C.
Authorization to grant or deny site plan approval. The power to approve, approve with conditions or deny site plans, as required by this chapter, is vested in the Village Board of Trustees after review by the Planning Board. Prior to issuing a building permit or special use permit, the Code Enforcement Officer shall refer the site plan and supporting documentation of such project to the Planning Board for its review and recommendation. All site plan information and building designs shall be prepared by a New York State licensed architect or engineer. All plans shall show the seal and signature of said architect or engineer. In addition, the architect or engineer shall submit to the Village a signed affidavit that the plans for the project were prepared by said architect or engineer, or his or her employees. No building permit under a special use permit shall be issued except in accordance with the standards and procedures set forth in this chapter.
D.
Copies. All submissions required under this article shall be provided in six copies.
§ 245-120 Preliminary 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 Planning Board for its review and recommendation.
(1)
All applications shall be accompanied by the following information:
(a)
A certified or notarized economic analysis of the project indicating the profit and loss of the project and including, but not limited to, the following: income, costs, rentals, taxes, market area and utilities. In addition, the applicant shall provide a full disclosure statement concerning the project.
(b)
For proposed projects exceeding $100,000 in construction costs, documented evidence shall be provided of the applicant's financial ability to undertake and successfully complete the proposed project within the specified project construction period. Such evidence may be in the form of bank deposits, financing commitments, or the like.
(c)
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration, and all properties, their ownership and uses thereon, subdivisions, streets, zoning districts, easements and adjacent buildings within 500 feet of the applicant's property.
(d)
If grades exceed 3% 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, with an overlay outlining the above susceptible areas, if any.
(e)
A preliminary site plan, to include the following information:
[1]
The title of the drawing, including the name and address of the applicant.
[2]
The North point, scale and date.
[3]
The boundaries of the project, plotted to scale.
[4]
Existing watercourses.
[5]
The location of proposed land uses and their area, in acres, and the location, proposed use and height of all buildings.
[6]
The location of all existing or proposed site improvements, including streets, drains, culverts, retaining walls, fences and easements, whether public or private.
[7]
The location of all parking and truck loading areas with access and egress drives thereto. There shall be adequate parking spaces for each professional and his or her clientele, plus staff. Adequate off-street parking (see § 245-113) will be of significant consideration for site plan approval.
[8]
Description of the sewage disposal and water systems and the location of such facilities.
[9]
The location, design and size of all signs and outdoor lighting facilities.
[10]
The location and proposed development of buffer areas and other landscaping.
[11]
Existing vegetation.
[12]
Existing and proposed contours at intervals of not more than two feet of elevation.
[13]
Delineation of the various residential areas, if applicable, indicating for each such area its general extent, size and composition in terms of total number of dwelling unit types, a general description of the intended structure and a calculation of the residential density, in dwelling units per gross acre, for each such area.
[14]
When applicable, a general description of the provision of other community facilities, such as schools, fire protection services and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
(2)
In addition, the following documentation shall accompany the preliminary site plan:
(a)
Evidence of how the developer's particular proposal or mix of land uses meets existing community needs.
(b)
Evidence that the proposal is compatible with the goals of the Comprehensive Plan of the Village.
(c)
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the preliminary plan shall show the intended total project. Any project that requires more than 24 months to complete shall be staged.
(3)
The Planning Board and/or Board of Trustees may require such additional information as appears necessary for a complete assessment of the project.
B.
Preliminary approval.
(1)
Within 90 days of its receipt of a certified complete preliminary site plan application from the Code Enforcement Officer, the Planning Board shall act on it. If no decision is made within said ninety-day period, the preliminary site plan shall be considered conditionally recommended for approved. The Planning Board's action shall be in the form of a written statement to the Board of Trustees, with a copy to the applicant, stating clearly its approval, or its conditional approval with the conditions enumerated, or its denial with its reasons therefor. A copy of the appropriate minutes of the Planning Board will be considered a sufficient written statement.
(2)
The Planning Board's 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 traffic 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)
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(i)
Any other matter which may affect the health, welfare or safety of our community as a whole or the neighborhood affected in particular.
(3)
The Planning Board's statement may include recommendations as to desirable revisions to be incorporated in the final site plan, conformance with which shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons for such findings. In such case, the Planning Board may recommend further study of the site plan and resubmission of the preliminary site plan to the Planning Board 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 chapter, and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
§ 245-121 Final application and approval.
A.
Final application. After receiving conditional recommendation from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his or her final site plan and apply, in writing, to the Code Enforcement Officer, who shall refer the application for a building permit, when complete in all respects, to the Planning Board for its review and recommendation. 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 review and possible revision prior to accepting the proposed final site plan for review. The final site plan and application for a building permit shall conform to the approved preliminary site plan and shall incorporate any revisions or other features that may have been required by the Planning Board at the preliminary review. All compliances shall be clearly indicated by the applicant.
B.
Within 62 days of the receipt of the certified complete final site plan application from the Planning Board, the Village Board of Trustees shall hold a public hearing thereon and, within 62 days, shall render a decision to the Code Enforcement Officer.
(1)
Upon approval, the Village Board of Trustees 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 Village Board of Trustees shall so inform the Code Enforcement Officer, and he or she shall deny a building permit. The Village Board of Trustees 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)
Any person, firm, or corporation applying for a special use or site plan approval shall, at the time of applying, execute a guaranty to assume all the costs of advertising. The applicant shall pay all costs, charges, and expenses of advertising and readvertising in the event of adjournments or otherwise.
(4)
If a special use or site plan approval is requested, the applicant shall send notice of the same to all property owners within 200 feet of the boundaries of the lot or lots under construction. Such notice shall be by mail and shall state the time and day of the public hearing, the relief sought, the type of use contemplated, the applicant's name and the location of the property in question. Such notices shall be mailed so as to arrive at least five days prior to the public hearing date. An affidavit of mailing shall be submitted as proof in each case.
(5)
Whenever the Village Board of Trustees, after hearing all the evidence presented upon an application under the provisions of this chapter, denies the same, the Board of Trustees shall refuse to hold further hearings on said or a substantially similar application by the same applicant or his or her successor or assignee for a period of one year, except and unless the Board of Trustees shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of public health, safety, convenience, comfort, prosperity, and general welfare and that a reconsideration is justified. Such rehearing would be allowable only upon a motion initiated by a member of the Board of Trustees and adopted by the unanimous vote of the members present, but not less than a majority of all members.
§ 245-122 Special provisions.
A.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 217, the Stormwater Management and Erosion and Sediment Control Law of the Village of Horseheads, shall be required for site plan approval. The SWPPP shall meet performance and design criteria and standards set forth in the Stormwater Management and Erosion and Sediment Control Law of the Village of Horseheads. The approved site plan shall be consistent with the provisions of Chapter 217, the Stormwater Management and Erosion and Sediment Control Law of the Village of Horseheads.
[Amended 1-10-2008 by L.L. No. 2-2008]
B.
The storage or accumulation of refuse shall not be permitted in any area outside of a building unless containerized.
C.
Any project involving more than 20 persons which is subject to fire hazards with only one access road shall have an alternate clear accessway available for the use of emergency vehicles.
D.
All projects shall be suitably landscaped, including all 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. A landscaping plan shall be prepared by a New York State licensed landscape architect or one authorized to practice such profession and shall show his or her seal and signature.
E.
All projects shall have landscaping equal to a minimum expenditure of 1 1/2% of the total project cost. Landscaping shall be considered as any living plant but shall not include excavating, earth moving, fill, grading or paving associated with normal requirements of building. In addition, all projects shall contain on the site artwork of a minimum expenditure of 1/2 of 1% of the total project cost. Artwork may be sculptures, gardens, fountains, pools, or other artwork approved by the Planning Board.
F.
Buildings shall be located so that the privacy of individual units is protected and so that their arrangement creates usable open green spaces, avoids monotonous, undifferentiated silhouettes and produces a satisfactory microclimate. Sidewalks shall be provided and be integrally designed so as to provide safe and convenient access between buildings and internal recreation, parking and service areas.
§ 245-123 Public hearing; notice.
Before a final site plan is approved, the proposed final site plan shall be considered by the Village Board of Trustees at a public hearing. Notice of said hearing shall be given as provided in § 245-135.