Montour Falls Village
City Zoning Code
City Zoning Code
ARTICLE VII
Site Plan Review Procedures
The Village of Montour Falls Planning Board is authorized, in accordance with the New York State Village Law, to review and approve, approve with modifications or disapprove site plans connected therewith. Site plan review shall be required for all new nonresidential uses, nonagricultural changes of use and such other uses as the Village Board may from time to time designate by local law. The purpose of site plan review is to provide for the review and approval of development plans to ensure that land development occurs in harmony with surrounding uses without adversely impacting neighboring parcels, property values, public facilities, infrastructure, or the natural environment. Site plan review allows for discretionary review of the site configuration and architectural design of projects which, due to their magnitude, are more likely to have significant impacts on their surroundings. The following procedures shall apply:
§ 160-49 Preliminary site plan.
An applicant may submit a preliminary site plan for review and advice by the Planning Board. Such a preliminary site plan should provide locations and dimensions of the proposed use in relation to the property boundaries and adjacent uses. It should also indicate all accesses and improvements both existing and proposed and any site features which could have a bearing on the project including the general topography and existing ground cover. Should such preliminary site plan involve one-time additions of less than 10% and 200 square feet in floor area or accessory uses or structures, the Village Code Enforcement Officer may review and approve the site plan on its own. If these thresholds are exceeded, however, the site plan shall be referred to the Planning Board. If referred to the Planning Board, this preliminary plan shall be used by such Board as a basis for advising the applicant regarding information it shall require on the site plan before it conducts a public hearing or takes any action with respect to the plan. The Planning Board shall give no approval or disapproval regarding any preliminary site plan but may use it to schedule a public hearing if sufficient data is available, determine if any provisions of this article should be waived or begin its review of the application under the New York State Environmental Quality Review Act ("SEQRA").[1]
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
§ 160-50 Application and site plan required.
The Planning Board shall be under no obligation to schedule a public hearing or take any action with respect to a site plan review application until formal application has been made on forms provided by the Board and a detailed site plan providing the following information has been submitted:
A.
The location of all existing watercourses, wooded areas, rights-of-way, roads, structures or any other significant man-made or natural feature, if such feature has an effect upon the use of said property.
B.
The location, use and floor or ground area of each proposed building, structure or any other land use, including sewage disposal and water supply systems.
C.
The location of all significant landscaping and ground cover features, both existing and proposed, including detailed planting plans and a visual depiction or rendering of the final appearance of the property after all landscaping and other physical improvements are completed.
D.
The location, dimensions and capacity of any proposed roads, off-street parking areas or loading berths, including typical cross-sections for all paving or regrading involved.
E.
The location and treatment of proposed entrances and exits to public rights-of-way, including traffic signals, channelization, acceleration and deceleration lanes, widenings or any other measure having an impact on traffic safety conditions.
F.
The location and identification of proposed open spaces, parks or other recreation areas.
G.
The location and design of buffer areas and screening devices to be maintained.
H.
The location of trails, walkways and all other areas proposed to be devoted to pedestrian use.
I.
The location of public and private utilities, including maintenance facilities.
J.
The specific locations of all signs existing and proposed, including a visual depiction of the latter.
K.
Preliminary architectural plans for the proposed buildings or structures, indicating typical floor plans, elevations, height and general design or architectural styling.
L.
A completed SEQR Environmental Assessment form.
M.
Any other information required by the Planning Board which is clearly necessary to ascertain compliance with the provisions of this chapter and limited to such information.
§ 160-51 Waivers.
The Village of Montour Falls Planning Board shall, pursuant to the aforementioned Village Law, have the right to waive, when reasonable, any of the requirements of this article for the approval, approval with modifications or disapproval of and site plans submitted for approval. This waiver authority may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety, or general welfare or are inappropriate to a particular site plan. Any such waiver shall be subject to the following conditions:
A.
No waiver shall result in allowing a use not permitted within the applicable Zoning District.
B.
No waiver shall be given with respect to standards outside the scope of this article which would otherwise require a variance from the Zoning Board of Appeals.
C.
Waivers shall be limited to those situations where the full application of the requirements contained herein would generate unnecessary data and create unnecessary costs with regard to deciding the matter at hand, due to the scope or nature of the project involved. The proposed enclosure of a deck or a simple change of use with no significant structural modifications in the case of a commercial property, for example, might not require typical cross-sections for proposed regrading or water supply data.
D.
An applicant for site plan approval who desires to seek a waiver of certain of the above-referenced requirements pertaining to such applications shall submit a preliminary site plan as provided above. The Planning Board shall review the preliminary site plan, advise the applicant as to potential problems and concerns and determine if any additional site plan information is required. The Planning Board shall consider such site plan as adequate when, in its judgment, the information submitted is sufficient to make a determination of compliance with the development standards contained herein and the intent of site plan review criteria found below.
E.
The Village of Montour Falls Planning Board, following a public hearing in conjunction with other matters before the Board, shall be permitted to modify the standards of this chapter to the extent of 10% of the stated criteria where the circumstances otherwise meet the tests for an area variance as set forth herein.
F.
Nothing herein shall authorize the Planning Board to waive State Environmental Quality Review requirements.
§ 160-52 Hearing and decision.
The Planning Board shall fix a time, within 62 days from the day an application for site plan approval is made, for the hearing of any matter referred to under this section. It shall give public notice of such hearing at least five days prior to it in a newspaper of general circulation in the Village and decide upon the application within 62 days after such hearing. It shall not, however, grant approval before a decision has been made with respect to environmental impacts pursuant to SEQR. The decision of the Planning Board shall be filed in the office of the Village Clerk and a copy thereof mailed to the applicant within five business days after such decision is rendered.
§ 160-53 Conditions.
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit or site plan. Upon approval of said permit and/or plan, any such conditions shall be met prior to the actual issuance of permits by the Village. These conditions may include requirements of the applicant to provide parkland or to provide fees in lieu thereof pursuant to § 7-725-a, Subdivision 6, of the New York State Village Law. The Planning Board shall also be authorized to require financial guarantees to ensure applicant performance with respect to any conditions of site plan review or subdivision approval. Such financial guarantees shall comply with applicable provisions of the New York State Village Law and be subject to review by the Village Attorney and approval by the Village Board. The preferred form of such guarantees shall be a letter of credit.
§ 160-54 Referrals.
The Planning Board is authorized to refer site plans to other agencies, groups or professionals employed or used by the Village for review and comment and to charge the applicant fees for any reasonable expenses connected therewith. The Board shall, in particular, ensure that the requirements of §§ 239-m and 239-nn of the General Municipal Law regarding review by the Schuyler County Planning Department and adjoining communities are met. It shall also comply with all requirements of the New York State Environmental Quality Review Act.
§ 160-55 Appeals.
Any person aggrieved by any decision of the Planning Board or any officer, department, board or bureau of the Village may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
§ 160-56 Effect of site plan approval.
The site plan as approved by the Planning Board shall be binding upon the applicant. Any changes from the approved plan shall require resubmission and reapproval by the Planning Board. The site plan shall remain effective, as an authorization to establish the use, for a maximum of two years from the date of approval unless the Planning Board shall have granted an extension in writing.