The Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove site plans pursuant to Village Law § 7-725-a in accordance with the standards and procedures set forth in this chapter.
§ 201-910 Applicability.
All uses designated as requiring site plan review shall have a site plan approved by the Planning Board prior to the issuance of a zoning permit and a certificate of compliance by the Zoning Officer.
§ 201-915 Application.
The Zoning Officer shall refer any application for a zoning permit which also requires a site plan review to the Planning Board. An application for a site plan review shall be filed with the Planning Board, and the appropriate fee as determined by the fee schedule adopted by Village Board resolution shall be paid to the Village Clerk. Three copies of the application and site plans shall be provided which shall include the following:
Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use or adjoining the property;
Location, proposed use, and height and dimensions of all buildings including the number and distribution by type of all proposed dwelling units, and the designation of the amount of gross floor area and gross leasable area proposed for retail sales and services, office and other commercial or industrial activities;
Erosion and sediment control plan conforming to the standards and practices contained in the USDA Soil Conservation Service Engineering Field Manual (EFM) and New York Guidelines for Urban Erosion and Sediment Control, or other erosion and sediment control manual recognized by the Planning Board;
A statement of the nature and extent of the interest of any state employee, or officer or employee of the Village in the applicant pursuant to General Municipal Law § 809, when applicable;
Other elements integral to the proposed development as considered necessary by the Planning Board.
§ 201-920 Waiver of submission requirements.
The Planning Board may waive any of the submission requirements listed in § 201-915 above where it deems that the information is either not applicable or is unnecessary to a particular site plan review.
§ 201-925 Environmental impact review.
The Planning Board shall be responsible for the completion of an environmental assessment form (EAF) for each application for site plan review. The Planning Board shall be responsible for compliance with 6 NYCRR Part 617 (State Environmental Quality Review Act regulations) in cooperation with other involved agencies in the review of any site plan.
§ 201-930 Review.
Upon a determination by the Planning Board that the application for a site plan review is complete, the board shall review the site plan taking into consideration the objectives for site plan review as outlined in Section 935 and the general standards for all uses as outlined in Article 5 of this chapter.
§ 201-935 General review criteria.
The Planning Board shall require that all site plans comply with the following general review criteria:
That the site is designed in the interests of the public health, safety, welfare, and comfort and convenience of the public in general, the residents of the proposed development, and the residents of the immediate surrounding area;
That access to the site is safe and convenient and relates in an appropriate way to both the internal circulation on the site as well as the Village street system;
That the site is suitably landscaped, and appropriately screened from adjacent properties and the street so as to protect the visual character of the area and to minimize negative impacts on adjacent properties and the neighborhood;
That any activities on the site which are incompatible with adjacent properties are suitably buffered so as to minimize negative impacts on such adjacent properties;
That development activity complies with all other standards and requirements of this chapter.
§ 201-940 Area variance.
During the course of the review, should the Planning Board determine that a site plan approval may not be feasible without the granting of an area variance as defined by Village Law § 7-712, the Planning Board may, at its discretion, refer the application and site plans to the Zoning Board of Appeals for the consideration of such variance.
§ 201-945 Public hearing.
The Planning Board shall conduct a public hearing. Such public hearing shall be conducted within 62 days of the receipt of the completed application for a site plan review and shall be advertised at least five days before the hearing in a newspaper in general circulation in the Village. A notice of the hearing shall be mailed to the applicant at least 10 days before the hearing.
§ 201-950 Referral to County Planning Board.
At least 10 days before the hearing, the Planning Board shall refer all site plan review matters that fall within those areas specified under General Municipal Law § 239-m to the County Planning Board. This shall include any use that falls within 500 feet of the following: the boundary of the Village; a state or county park or recreation area; a state or county highway or expressway; a state- or county-owned drainage channel; state or county land where a public building or institution is located; or a farm operation in an agricultural district. If the County Planning Board does not respond within 30 days from the time it received a full statement on the referral matter, then the Planning Board may act without such report.
§ 201-955 Waiver of public hearing.
The Planning Board may waive the public hearing. Such waiver shall not be allowed in any one of the following circumstances:
The use requires an increase or change in public water supply facilities, sewerage facilities, drainage facilities, sidewalks, streets, curbs, gutters, or other public improvements;
Within 62 days of the public hearing, or within 62 days of the acceptance of a complete application by the Planning Board where such hearing has been waived pursuant to § 201-955 above, the Planning Board shall act on the site plans. The time within which the Planning Board must render its decision may be extended upon mutual consent of the applicant and the Planning Board. The action of the Planning Board shall be in the form of a written statement to the applicant stating whether or not the site plans are approved, approved with modifications, or disapproved. In its approval, the Planning Board shall have the authority to impose such reasonable conditions and restrictions on the issuance of a zoning permit for the application as are directly related to and incidental to a proposed site plan. The decision of the Planning Board shall immediately be filed in the office of the Village Clerk and a copy mailed to the applicant.
If the site plans are approved, and upon payment by the applicant of all fees and reimbursable costs due the Village, the Planning Board shall endorse its approval on a copy of the application and site plans.
If the site plans are approved with modifications, the Planning Board shall specify in the statement all modifications to be made. Upon payment by the applicant of all fees and reimbursable costs due to Village, and upon approval of the modified application and site plans, the Planning Board shall endorse its approval on a copy of the application and site plans.
If the site plans are disapproved, the statement shall contain the reasons for such findings. In such case, the Planning Board may recommend further study of the application and resubmission after it has been revised or redesigned.
§ 201-965 Report to County Planning Board.
Within seven days of final action on any matter referred to the County Planning Board pursuant to § 201-950 above, the Planning Board shall file a report of the final action it has taken with the County Planning Board.
Lowville City Zoning Code
ARTICLE IX
Site Plan Reviews
§ 201-905 Authority.
The Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove site plans pursuant to Village Law § 7-725-a in accordance with the standards and procedures set forth in this chapter.
§ 201-910 Applicability.
All uses designated as requiring site plan review shall have a site plan approved by the Planning Board prior to the issuance of a zoning permit and a certificate of compliance by the Zoning Officer.
§ 201-915 Application.
The Zoning Officer shall refer any application for a zoning permit which also requires a site plan review to the Planning Board. An application for a site plan review shall be filed with the Planning Board, and the appropriate fee as determined by the fee schedule adopted by Village Board resolution shall be paid to the Village Clerk. Three copies of the application and site plans shall be provided which shall include the following:
Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use or adjoining the property;
Location, proposed use, and height and dimensions of all buildings including the number and distribution by type of all proposed dwelling units, and the designation of the amount of gross floor area and gross leasable area proposed for retail sales and services, office and other commercial or industrial activities;
Erosion and sediment control plan conforming to the standards and practices contained in the USDA Soil Conservation Service Engineering Field Manual (EFM) and New York Guidelines for Urban Erosion and Sediment Control, or other erosion and sediment control manual recognized by the Planning Board;
A statement of the nature and extent of the interest of any state employee, or officer or employee of the Village in the applicant pursuant to General Municipal Law § 809, when applicable;
Other elements integral to the proposed development as considered necessary by the Planning Board.
§ 201-920 Waiver of submission requirements.
The Planning Board may waive any of the submission requirements listed in § 201-915 above where it deems that the information is either not applicable or is unnecessary to a particular site plan review.
§ 201-925 Environmental impact review.
The Planning Board shall be responsible for the completion of an environmental assessment form (EAF) for each application for site plan review. The Planning Board shall be responsible for compliance with 6 NYCRR Part 617 (State Environmental Quality Review Act regulations) in cooperation with other involved agencies in the review of any site plan.
§ 201-930 Review.
Upon a determination by the Planning Board that the application for a site plan review is complete, the board shall review the site plan taking into consideration the objectives for site plan review as outlined in Section 935 and the general standards for all uses as outlined in Article 5 of this chapter.
§ 201-935 General review criteria.
The Planning Board shall require that all site plans comply with the following general review criteria:
That the site is designed in the interests of the public health, safety, welfare, and comfort and convenience of the public in general, the residents of the proposed development, and the residents of the immediate surrounding area;
That access to the site is safe and convenient and relates in an appropriate way to both the internal circulation on the site as well as the Village street system;
That the site is suitably landscaped, and appropriately screened from adjacent properties and the street so as to protect the visual character of the area and to minimize negative impacts on adjacent properties and the neighborhood;
That any activities on the site which are incompatible with adjacent properties are suitably buffered so as to minimize negative impacts on such adjacent properties;
That development activity complies with all other standards and requirements of this chapter.
§ 201-940 Area variance.
During the course of the review, should the Planning Board determine that a site plan approval may not be feasible without the granting of an area variance as defined by Village Law § 7-712, the Planning Board may, at its discretion, refer the application and site plans to the Zoning Board of Appeals for the consideration of such variance.
§ 201-945 Public hearing.
The Planning Board shall conduct a public hearing. Such public hearing shall be conducted within 62 days of the receipt of the completed application for a site plan review and shall be advertised at least five days before the hearing in a newspaper in general circulation in the Village. A notice of the hearing shall be mailed to the applicant at least 10 days before the hearing.
§ 201-950 Referral to County Planning Board.
At least 10 days before the hearing, the Planning Board shall refer all site plan review matters that fall within those areas specified under General Municipal Law § 239-m to the County Planning Board. This shall include any use that falls within 500 feet of the following: the boundary of the Village; a state or county park or recreation area; a state or county highway or expressway; a state- or county-owned drainage channel; state or county land where a public building or institution is located; or a farm operation in an agricultural district. If the County Planning Board does not respond within 30 days from the time it received a full statement on the referral matter, then the Planning Board may act without such report.
§ 201-955 Waiver of public hearing.
The Planning Board may waive the public hearing. Such waiver shall not be allowed in any one of the following circumstances:
The use requires an increase or change in public water supply facilities, sewerage facilities, drainage facilities, sidewalks, streets, curbs, gutters, or other public improvements;
Within 62 days of the public hearing, or within 62 days of the acceptance of a complete application by the Planning Board where such hearing has been waived pursuant to § 201-955 above, the Planning Board shall act on the site plans. The time within which the Planning Board must render its decision may be extended upon mutual consent of the applicant and the Planning Board. The action of the Planning Board shall be in the form of a written statement to the applicant stating whether or not the site plans are approved, approved with modifications, or disapproved. In its approval, the Planning Board shall have the authority to impose such reasonable conditions and restrictions on the issuance of a zoning permit for the application as are directly related to and incidental to a proposed site plan. The decision of the Planning Board shall immediately be filed in the office of the Village Clerk and a copy mailed to the applicant.
If the site plans are approved, and upon payment by the applicant of all fees and reimbursable costs due the Village, the Planning Board shall endorse its approval on a copy of the application and site plans.
If the site plans are approved with modifications, the Planning Board shall specify in the statement all modifications to be made. Upon payment by the applicant of all fees and reimbursable costs due to Village, and upon approval of the modified application and site plans, the Planning Board shall endorse its approval on a copy of the application and site plans.
If the site plans are disapproved, the statement shall contain the reasons for such findings. In such case, the Planning Board may recommend further study of the application and resubmission after it has been revised or redesigned.
§ 201-965 Report to County Planning Board.
Within seven days of final action on any matter referred to the County Planning Board pursuant to § 201-950 above, the Planning Board shall file a report of the final action it has taken with the County Planning Board.