Menands Village City Zoning Code
ARTICLE 10
Site Plan Review
[1]
Editor's Note: This article supersedes Ch. A172, Site Plan Review Regulations, adopted 1-30-1978, as amended 4-2-1990 by L.L. No. 1-1990; 2-5-1996; 3-15-2010 by L.L. No. 2-2010; 4-19-2010 by L.L. No. 3-2010; 4-29-2011 by L.L. No. 1-2011; 9-6-2016 by L.L. No. 6-2016.
§ 169-50 Purpose; approval authority.
A.
Purpose. The purpose of this article is to establish clear procedures for review of site plans, establish standardized and clear requirements for site plan applications, assure functional and attractive development, and minimize adverse impacts on the natural and man-made environment. The Village of Menands considers the site plan to be a form of contract between the owner and the public (represented by the Village) in which the Village agrees to permit certain development in return for commitments on the part of the owner to fulfill and maintain all of the requirements of the approved site plan.
B.
Pursuant to Article 7 of the Village Law, the Board of Trustees of the Village of Menands shall review and approve, approve with modifications, or disapprove site plans showing the arrangement, layout, and design of the proposed use of land shown on such plan prepared in accordance with specifications set forth herein.
C.
Prior to the issuance of a building permit for the construction or the modification or alteration of an existing building or structure for a use requiring site plan review pursuant to this chapter, the Code Enforcement Officer shall require the preparation of a site plan showing the arrangement, layout, and design of the proposed use in conformance with the requirements of this article.
D.
The Code Enforcement Officer shall transmit a minimum of five copies of the site plan application and all related material to the Board of Trustees for its review and approval in accordance with the procedures and design and construction standards set forth in the following sections.
§ 169-51 Procedures for review.
A.
Preapplication conference.
(1)
A preapplication conference between the applicant and the Board of Trustees shall be held to review the basic design concept of the proposed project. The applicant shall submit six copies of a statement describing what is proposed and a sketch plan showing the arrangement, layout, and design of the proposed use of land.
(2)
The sketch plan shall be drawn to a scale of one inch equals 20 feet for properties of two acres or less and to a scale of one inch equals 50 feet for properties larger than two acres, unless the Board of Trustees determines a different scale would be more appropriate.
(3)
The sketch plan shall show the following:
(a)
The applicant's entire parcel and all properties, subdivisions, streets, watercourses and easements which pass through or are within 100 feet of the site boundaries.
(b)
The location and dimensions of buildings, structures, parking areas, access points, signs, landscaping, architectural features, and any other features commonly considered accessory to the type of facility proposed.
(4)
The preapplication conference may take place at any regularly scheduled meeting of the Board of Trustees. A preapplication conference, not being a public hearing, shall not require public notice as required by a hearing.
(5)
The Board of Trustees shall advise the applicant of the specific elements they must include, any special environmental or other considerations that they must address, and the design and construction standards they must follow in the preparation of the preliminary site plan.
B.
Preliminary site plan submission.
(1)
Except as may be modified by the Board of Trustees as a result of the preapplication conference, the preliminary site plan shall include the following:
(a)
The title of the drawing, including the name and address of the applicant or owner of record.
(b)
The North arrow, scale, and date.
(c)
The name and address of the person, firm or organization preparing the site plan.
(d)
Boundaries of the property plotted to scale as specified in Subsection A(2) above.
(e)
Existing watercourses and the direction of drainage flow.
(f)
A grading and drainage plan showing existing and proposed contours at two-foot intervals.
(g)
The location, proposed use, setback dimensions, and height of all principal and accessory buildings and structures.
(h)
The location of all existing or proposed site improvements, including storm drains, culverts, retaining walls and fences, water lines and sanitary sewers and connections thereto, permitted signs, lighting facilities, parking areas, access drives and roads, existing vegetation and trees over four inches in diameter.
(i)
Design and construction details of all the proposed site improvements cited in Subsection B(1)(h) above.
(j)
A designation of the amount of building area proposed for retail sales, offices or similar commercial activity in terms of gross floor area or gross leasable area in regard to a proposed shopping center.
(k)
A general landscaping plan and planting schedule.
(2)
Other elements integral to the proposed development, as considered necessary by the Board of Trustees, including identification of any required state or county permits.
(3)
Should the site be susceptible to flooding, ponding or severe erosion, the applicant shall propose an acceptable solution(s) to these problems as part of their overall preliminary site plan submission.
(4)
The preliminary site plan submission shall be accompanied by a written statement in which the impact of the proposed use on adjacent land uses and all other environmental considerations requested by the Board of Trustees are discussed and assessed by the applicant.
(5)
An application for preliminary site plan review and approval shall be accompanied by a fee as established by resolution of the Village Board of Trustees, which fee may be amended from time to time by resolution.
C.
Factors considered in the review of a preliminary site plan.
(1)
The Board of Trustees' review of a preliminary site plan shall include but is not limited to the following considerations, where appropriate:
(a)
Full conformance with the requirements of these regulations and all applicable zoning provisions.
(b)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, channelization structures and traffic controls.
(c)
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(d)
The location, arrangement, appearance, and sufficiency of off-street parking and loading areas, including provision for bollards or other protective measures along the front building facade to minimize damage by vehicles.
(e)
The location, arrangement, size, design and general site compatibility of buildings and signs.
(f)
The location and arrangement of outdoor lighting and cameras for security purposes.
(g)
The adequacy of stormwater and drainage facilities.
(h)
The adequacy of water supply and sewage disposal facilities.
(i)
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(j)
The protection of adjacent properties against noise, glare, unsightliness, or other objectionable features.
(k)
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants as necessary.
(l)
Special attention to the design of buildings, structures and roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(m)
In the case of townhouses or a multifamily building or complex, the adequacy of usable open space for play areas and informal recreation.
(n)
Any additional applicable factors identified by the Village Board.
(2)
In its review, the Board of Trustees may consult with the Village Code Enforcement Officer, an engineer or engineering firm designated by the Board, the Superintendent of Public Works, the Fire Chief or other Village and county offices, agencies of the state and federal government, and private consultants.
(3)
The Board of Trustees may conduct a public hearing on the preliminary site plan. If a public hearing is conducted, such public hearing shall be conducted within 60 days of the date the Board of Trustees deems the application complete and shall be advertised in a newspaper of general circulation in the Village at least five days prior to the date of the hearing.
D.
Preliminary site plan approval.
(1)
The Board of Trustees shall render a decision on the preliminary site plan within 60 days after the public hearing or after the application is filed if no hearing has been held.
(2)
The Board's decision shall be in the form of a written statement to the applicant stating whether the preliminary site plan is approved, approved with modifications, or disapproved.
(3)
The Board's statement may include recommendations of desirable modifications to be incorporated in the final site plan. Conformance with such modifications shall be considered a condition of final site plan approval.
(4)
Should the applicant's submission contain the additional material required for final site plan approval as detailed in Subsection E of this section and this additional material is acceptable to the Board of Trustees, the Board may give concurrent preliminary and final site plan approval at this stage of the site plan review process. In such case, the Board shall endorse its approval on a copy of the site plan and shall forward such copy to the Building Inspector, who shall then issue the building permit to the applicant. Payment of the final site plan application fee will not be required in this instance.
(5)
If the preliminary site plan is disapproved, the Board's statement shall contain the reasons for disapproval. In such case, the Board may recommend further study of the site plan and resubmission of a preliminary site plan following revision or redesign.
E.
Submission of a final site plan.
(1)
After receiving approval, with or without modifications, from the Board of Trustees on a preliminary site plan, the applicant shall submit five copies of an application and the final detailed site plan to the Board for approval. If more than six months have elapsed since the time of the Board's action on the preliminary site plan and if the Board finds that conditions have changed significantly in the interim, the 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.
(2)
The final detailed site plan shall conform substantially to the approved preliminary site plan. It should incorporate any modifications that may have been recommended by the Board in its preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
(3)
The following additional information and certification shall accompany an application for final site plan approval:
(a)
A record of application for and approval status of all necessary permits from state and county officials.
(b)
Detailed material specifications and construction details for all proposed improvements.
(c)
An estimated project construction schedule.
(d)
The signature and seal of a licensed professional engineer, architect or surveyor or any combination thereof.
(4)
An application for final site plan review and approval shall be accompanied by a fee as established by resolution of the Board of Trustees, which fees may be amended from time to time by resolution.
F.
Final site plan approval. Within 60 days of receipt of the application for final site plan approval, the Board of Trustees shall render a decision to the Building Inspector.
(1)
Upon approval of the final site plan and payment by the applicant of all fees, disbursements, whether reimbursable or not, costs and expenses due to the Village, the Board shall endorse its approval on a copy of the final site plan and shall forward such copy to the Code Enforcement Officer. The Code Enforcement Officer shall then issue the building permit to the applicant.
(2)
Upon disapproval of a final site plan, the Board shall so inform the Code Enforcement Officer and the Code Enforcement Officer shall deny a building permit to the applicant. The Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval.
G.
Expiration.
(1)
A site plan shall expire for any of the following reasons:
(a)
The site plan use(s) ceases for more than 12 consecutive months for any reason.
(b)
The applicant fails to obtain the necessary building permit(s) for the approved use(s) within 12 months of the site plan approval.
(c)
The applicant fails to commence and diligently pursue construction within 12 months of the site plan approval.
(2)
The Village Board of Trustees may, in its sole discretion and at the applicant's request made at least 60 days prior to the expiration of the initial site plan approval, as provided for in Subsection G(1) above, grant the applicant a one-time extension of up to a maximum of 12 months within which to implement the site plan, provided that the applicant has made reasonable, good faith efforts to complete construction and implement the site plan. No further extensions shall be permitted.
§ 169-52 Design and construction standards.
A.
The Village of Menands Subdivision Design and Construction Standards (Chapter A173) shall govern for all paving, utility and miscellaneous construction indicated on final site plan submissions, both on private land and on public land. Construction not covered by these standards shall be in accordance with recognized good practice. All methods not covered by the above-cited standards require approval of the Village Building Department before construction begins.
B.
The design and construction standards for all buildings and other structures indicated on the final site plan shall be governed by the requirements of the Village of Menands Building Code[1] and all other applicable ordinances and local laws.
[1]
Editor's Note: See Ch. 71, Construction Code, Uniform, and Ch. 90 Fire Prevention and Building Construction.
C.
The Village Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Superintendent of Public Works and other officials and agencies, as appropriate.
D.
Vehicle impact protection devices. Vehicle impact protection devices shall be required for all parking spaces that front any sidewalk, outdoor pedestrian seating area, or building facade.
(1)
Location. The vehicle impact protection device shall be located between the parking space and the edge of the sidewalk, pedestrian seating area or the building facade.
(2)
Specifications. Vehicle impact protection devices may take the form of bollards, barriers, or a combination of both. Alternative forms of vehicle impact protection devices may be proposed to the satisfaction of the Village Board.
(3)
Spacing. Bollards shall be placed so that two bollards are provided for each parking space and shall be spaced between 54 and 64 inches apart from one another as measured from the outer perimeter of each bollard. In the case of parking spaces that are either compact or legally nonconforming in width, a distance of less than 54 inches may be permitted between the bollards; however, in no instance shall the distance from the bollard to the outside parking space limit line exceed 30 inches. Barriers shall be designed and located so as to provide protection that is equivalent or superior to that provided by bollards. Gaps between barriers shall not exceed 54 inches. Barriers may be placed in staggered or offset rows so long as any gap between barriers does not exceed 54 inches.
(4)
Design.
(a)
Performance standards. All vehicle impact protection devices shall be engineered and determined to be in compliance with low-speed vehicle impact testing standards prescribed by the American Society for Testing and Materials ASTM F3016. Compliance with the ASTM F3016 shall be confirmed and certified by a bollard manufacturer or structural engineer and reviewed for conformance by the Village Engineer or Code Enforcement Officer.
(b)
Height. Bollards shall be set with the top of the device not less than three feet and not greater than four feet in height as measured from the finished grade immediately adjacent to the perimeter of the bollard. Barriers shall be set with the top of the device not less than three feet in height as measured from the finished grade adjacent to the perimeter of the barrier.
(c)
Scale and design. The scale and design of the bollard or barrier shall be proportional to the size of the building so as not to detract from the appearance of the building. The devices shall not detract from the appearance of the adjacent building, where applicable, and shall be an earth-toned color, black, grey, or another color determined to be appropriate by the Village Board. Incorporation of plantings and other landscaping into the devices are strongly encourage and may be required at the discretion of the Village Board.
(5)
Minor adjustments. The Village Board may approve minor modifications to any of the vehicle impact protection standards contained in this section to accommodate for the location of aboveground or underground utilities, other existing or planned features of the development, or any other constraints or limitations towards compliance with the provisions established by this section, provided that the modifications achieve protections which are functionally equivalent to those intended by this section. The Code Enforcement Officer shall have the same discretion and authority to modify the vehicle impact protection standards herein when site plan approval is not required.
§ 169-53 Escrow.
The Village may require an applicant to deposit in escrow a reasonable amount established by the Village to pay for the fees and/or costs of any engineer, consultant or attorney designated or hired by the Village to review any application for a building permit or site plan review, or approval of such application. The fee and/or costs charged by such engineer, consultant, or attorney in connection with such review will be charged against the sum deposited in escrow. Any amount held in escrow will be at the sole discretion of the Village. Any amount remaining shall be returned to the applicant within 45 days of final action on the application.