Hudson Falls City Zoning Code
ARTICLE IV
Site Plan Review
§ 215-14 Applicability; exemption.
[Amended 12-10-2012 by L.L. No. 3-2012]
The establishment of any new land use, or the construction or expansion of any building or structure, or the expansion of any services in a health-related facility or community facility shall not be undertaken unless and until site plan approval has been granted by the Planning Board in accordance with all of the requirements of this chapter, § 215-13, Schedule of Uses, and the Code Enforcement Officer has issued a building permit, except the following:
A.
The conversion of an existing use to a similar allowed use. Whether such use is similar would be determined by the Code Enforcement Officer.
B.
The construction of one-family and two-family dwellings.
C.
Construction of ordinary accessory or appurtenant structures to a single-family dwelling or two-family dwelling.
D.
Ordinary repair and maintenance of existing structures and uses.
E.
Exterior expansions not to exceed 1,000 square feet.
F.
Incidental landscaping.
G.
Any uses and structures that are lawfully in existence as of the date this chapter becomes effective. Any use or structure shall be considered to be in existence, provided that physical construction of such use or structure has started prior to the effective date of this chapter and is fully constructed and completed within one year after the effective date of this chapter. Completion shall be determined by the date of issuance of a certificate of occupancy.
§ 215-15 Authority to approve and disapprove.
In accordance with § 7-725-a of the Village Law, the Planning Board is authorized to review and approve, approve with modifications or disapprove site plans, prepared to specifications set forth in this chapter and in the regulations of the Planning Board. Site plans shall show the arrangement, layout and design of the proposed use of the land on such plan. The Planning Board is also authorized to impose reasonable conditions and restrictions as are directly related to a proposed site plan.
§ 215-16 Preapplication conference.
Prior to making application for a site plan review, an applicant must schedule and attend a preapplication meeting with the Code Enforcement Officer or designee. The purpose of the meeting is to review the applicable regulations and application requirements, as well as the procedure for review and policies and procedures of the Planning Board. No application will be accepted for review by the Planning Board until the preapplication conference is held.
§ 215-17 Application for site plan review.
Application for project approval shall be made to the Planning Board no later than 15 days prior to the regularly scheduled meeting of the Planning Board using forms approved by the Planning Board. Applications shall include reasonably sufficient information for the Board to make its findings under §§ 215-20 through 215-22 below. Determination of the completeness of the application will be made by the Code Enforcement Officer or designee within five days of submission. In determining the content of these application forms, the Planning Board may provide for different informational requirements for different classes or types of projects, but with each certain class or type of project, the same information required by these various application forms may include any or all of the following:
A.
A detailed description of the natural and man-made features of the project and its components, including all proposed roads and accesses, water supply and sanitary disposal systems, and their existing relationship to natural features.
B.
An analysis, with supporting data, on the impact of the project on the environment, both during construction and thereafter.
C.
An analysis with supporting data of any benefits that might derive from the project.
§ 215-18 Technical review fees.
In addition to any application fees identified in § 215-118, Fees, the Planning Board may charge fees to developers of projects requiring legal and technical review, provided that the fees charged reflect the actual cost of legal and technical assistance to the Planning Board. These fees are not to exceed $1,000 without notice to the applicant.
§ 215-19 Site plan review procedures.
A.
Upon receipt of an application for a site plan review, the Planning Board shall initiate an environmental review pursuant to the applicable provisions of SEQRA, 6 NYCRR Part 617.
B.
Public hearing requirement. The Planning Board shall fix a time, within 62 days from the day a complete application for site plan approval is received, for the hearing of any matter referred to under this section if a public hearing is deemed necessary by the Planning Board. In determining whether a public hearing is necessary, the Planning Board shall be guided by the expected level of public interest in the project. The Village Clerk shall mail notice of said hearing to the applicant(s) and adjacent landowners at least 10 days before such hearing and shall give public notice thereof by publication in the newspaper of general circulation at least five days prior to the date thereof.
C.
Applications may be subject to referral to the Washington County Planning Board in accordance with General Municipal Law § 239-l and Village Law § 7-725-b and the rules and deadlines of the Washington County Planning Department.
D.
The Planning Board shall decide on the application within 62 days after such hearing or after the application is filed if no hearing has been held; provided, however, that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.
E.
Filing of decisions. 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. The decision shall contain such findings of fact as are required by § 215-20 hereof. The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings (whether by deed restriction, restrictive covenant or other similar appropriate means to ensure that guidelines as to intensity or development as provided in this chapter shall be respected) and the imposition of reasonable conditions (to ensure that the project will be adequately supported by services and improvements made necessary by the project and to ensure that the project will be completed in accordance with the terms of the application and any permit) and including, without limitation, the requirements and conditions authorized under §§ 215-20 through 215-22. In addition, the Planning Board may require the Code Enforcement Officer to incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.
F.
Expiration of approvals.
[Amended 12-10-2012 by L.L. No. 3-2012]
(1)
Site plan approval shall expire after one year from the date of approval of the site plan if actual construction has not been begun by the applicant. "Actual construction" is hereby defined as the placing of construction materials in their permanent position, fastened in a permanent manner, except that where a basement or cellar is being excavated, such excavation shall be deemed to be actual construction; where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such demolition and removal shall be deemed to be actual construction. An applicant whose site plan approval has expired may resubmit a new site plan application.
(2)
The Planning Board may, in its sole discretion, at the applicant's written request and, in any event, at least 30 days prior to the expiration of the initial one-year approval, grant the applicant an extension of time within which to comply with the site plan, provided that the applicant has made reasonable good-faith efforts to complete construction and implement the site plan as provided within the aforesaid one-year period, and further provided that such extension shall in no event exceed one year. No further extension will be permitted.
§ 215-20 Requirements for approval.
The Planning Board shall not approve an application unless it first determines that such site plan review use meets all applicable standards. In order to approve any site plan review use, the Planning Board shall find that:
A.
The use complies with all other requirements of this chapter, including the site plan review standards as set forth in Subsection F of this section, and the dimensional, bulk, and density regulations of the zoning district in which it is proposed to be located.
D.
The use would be in harmony with the general purpose or intent of this chapter, specifically taking into account the location, character and size of the proposed use and the description and purpose of the district in which such use is proposed, the nature and intensity of the activities to be involved in or conducted in connection with the proposed use and the nature and rate of any increase in the burden on supporting public services and facilities which will follow the approval of the proposed use.
E.
The establishment, maintenance or operation of the proposed use would not create public hazards from traffic, traffic congestion or the parking of vehicles and/or equipment or be otherwise detrimental to the health, safety or general welfare of persons residing or working in the neighborhood or to the general welfare of the Village. In the review of such projects, the Planning Board shall consider and make a finding that traffic access and circulation, road intersections, road and driveway widths, and traffic controls are adequate. Additionally, the Board should find that the off-street parking and loading facilities are appropriately located and arranged and sufficient to meet traffic anticipated to be generated by the new use. In the review of commercial and industrial development, where internal roadways are not provided, the Planning Board shall determine if it is feasible to link parking areas to allow for an internal flow of traffic. Where it is feasible, a twenty-foot connection way must be provided. If the adjacent property is undeveloped, then a connection way shall be identified on the site plan for future linkage. The Planning Board shall also consider interconnection of commercial use areas or other properties to allow for pedestrian access and circulation.
F.
The project would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Village or upon the ability of the public to provide supporting facilities and services made necessary by the project, taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the project. In making the determination hereunder, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein under § 215-22 of this chapter, and in so doing, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth below.
G.
The Planning Board review of the site plan shall include, as appropriate, but not be limited to, the following general standards:
(1)
The location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(2)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(3)
The location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(5)
Conformance of all temporary stormwater management and erosion and sediment control measures for all disturbed areas during construction with the technical standards, specifications and planning guidelines set forth in the "New York Standards and Specifications Erosion & Sediment Control," published by the Soil and Water Conservation Society, 2004, most current version or its successor.
(6)
Conformance of all post-construction stormwater management practices and facilities with the technical standards, specifications and planning guidelines set forth in the New York State Stormwater Management Design Manual available through the New York State Department of Environmental Conservation, most current version or its successor.
(7)
The adequacy of water supply and sanitary disposal systems.
(8)
The adequacy, type and arrangement of trees, shrubs and other suitable plantings, landscaping and screening constituting a visual and/or noise buffer between the applicants and adjoining lands, including the maximum retention of existing vegetation and maintenance, including replacement of dead or diseased plants.
(9)
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(10)
The adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(11)
Conformance with any design guidelines, landscaping standards and performance standards.
(12)
In reviewing and approving, approving with modifications or disapproving site plans, the Planning Board shall at all times comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law.
§ 215-21 Financial security.
The Planning Board may require the posting of financial security in the form of a bond, letter of credit or other instrument in order to ensure that improvements are carried out as specified in the plans and approvals. The Board shall follow the procedures contained in § 7-725-a, Subdivision 7, of the New York State Village Law for such financial security.
§ 215-22 Development considerations.
The following are those factors which relate to the potential for adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Village of Hudson Falls. These factors, listed below, shall be considered, as provided in this chapter, before any site plan review project is undertaken in the Village. Any burden on the public in providing facilities and services made necessary by such land use and development or subdivisions of land shall also be taken into account, as well as any commercial, industrial, residential, recreational or other benefits which might be derived therefrom.
A.
Natural resource considerations shall be as follows:
(5)
Critical resource areas.
(a)
Rivers and corridors of rivers designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law.
(b)
Water bodies and streams and their floodplains and corridors.
(c)
Rare plant communities.
(d)
Habitats of rare and endangered species and key wildlife habitats.
(e)
Wetlands.
(f)
Unique features, including gorges, waterfalls and geologic formations.
§ 215-23 Waiver of requirements.
The Planning Board may, whenever reasonable, waive any requirement listed in this chapter, provided that any such waiver is exercised upon the determination of the Board that the requirement is not necessary in the interest of the public health, safety or general welfare or is inappropriate to a particular site plan application.