Scotia City Zoning Code
ARTICLE XIIIA
Site Plan Approval
§ 250-59.1 Authorization.
In accordance with § 7-725-a of New York Village Law, the Planning Board is authorized to review and approve, approve with modifications, or disapprove all site plans for uses required by § 250-59.3 of this article.
§ 250-59.2 Purposes and review criteria.
It is the purpose of this site plan authorization procedure to provide a means for the village review of the criteria listed in this section. Further, the Planning Board's review of each site plan application shall be guided by the following:
A.
The full conformance of the site plan with the standards and requirements of this chapter, Chapter 219, Subdivision of Land, and other applicable local laws and ordinances.
B.
The adequacy and arrangement of vehicular and pedestrian traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and control devices.
C.
The impact of traffic generated on adjacent properties and roads.
D.
The location, arrangement, appearance (including visual breaks) and sufficiency of off-street parking and loading zones.
E.
The location, arrangement, site design and compatibility of buildings, structures, lighting and signs.
F.
The adequacy, type, maturity and arrangement of landscaping, screening, buffer zones, open space and maintenance thereof.
G.
In the case of multiple-family dwellings, the adequacy of common property or open space for play areas and informal recreation.
H.
The adequacy and means for complete disposal of stormwater, sanitary waste, water supply for fire protection and consumption, fire and emergency vehicle access, solid waste disposal and snow removal.
I.
The adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
J.
The protection of adjoining or nearby properties against noise, vibration, dust, odor, glare, unsightliness or other objectionable features.
K.
The retention of existing trees to as great a degree as is practicable.
L.
The character and appearance of proposed buildings, uses and signs. Such consideration may include, among other things, the color, type, style and texture of building materials and the relation of buildings on the site to each other and to buildings on adjacent or neighboring lots.
M.
The location, arrangement, site design and compatibility of trash storage facilities.
§ 250-59.3 Applicability.
Site plan approval shall be required prior to the issuance of a building permit or certificate of occupancy, construction or commencement of any proposal, structure, use or action in accordance with Table I, § 250-59.3.[1]
[1]
Editor's Note: Table I, Site Plan Approval Uses, is included at the end of this chapter.
§ 250-59.4 Application and transmittal.
Applications for site plan approval shall be filed with the Building Inspector and must include the material and information as required by § 250-59.5. Upon receipt of such complete application, the Building Inspector shall transmit 10 copies of such application and material, which must be provided by the applicant, to the Planning Board. Applications must be submitted at least 10 days prior to the regular meeting of the Planning Board. Every complete application for site plan approval shall be accompanied by a fee in the amount established by the Village Board of Trustees.
§ 250-59.5 Material to be submitted.
A.
Preliminary plans. Application for preliminary site plan approval shall be accompanied by the following information unless expressly waived by the Planning Board:
(1)
The applicant's name and address and his interest in the subject property; if a corporation, the names and addresses of corporation principals.
(2)
The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application.
(3)
The street address or legal description of the property.
(4)
The zoning classification and present use of the subject property.
(5)
The proposed use or uses and a general description of the proposed development.
(6)
A site plan drawn to scale of not less than 50 feet to the inch on one or more sheets, illustrating the proposed development and use and including the following:
(a)
The boundary lines and dimensions of the subject property; existing subdivision lots; available utilities; and easements, roadways, railroads, rail lines and public rights-of-way crossing and adjacent to the subject property.
(b)
Any proposed regrading of the subject property and any significant natural, topographical or physical features of the property, including, at least, watercourses, marshes, trees in excess of six inches in diameter and existing contours in excess of four feet in 100 feet.
(c)
The location, size, use and arrangement of existing and proposed structures (including height in stories and feet, floor area ratio, total floor area, total square feet of ground area coverage and number and size of dwelling units by number of bedrooms) which will remain, if any.
(d)
Yard dimensions and, where relevant, the relation of yard dimensions to the height of any building or structure.
(e)
The location, dimensions and number of all vehicular and pedestrian circulation elements, including streets and roadways, driveways, entrances, curbs, curb cuts, parking spaces, loading spaces and access aisles, sidewalks, walkways and pathways.
(f)
All existing and proposed surface and subsurface drainage facilities.
(g)
The location, size and arrangement of all outdoor signs and lighting.
(h)
Proposed landscaping, including the type, location and quantity of all plant materials, location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening.
(i)
The location, designation and total area of all usable open space or common property and the extent to which it is to be improved.
(j)
In the case of any use requiring a special use permit pursuant to this chapter, any information necessary to demonstrate compliance with all conditions imposed on the proposed special use permit by this chapter.
(k)
Compliance with state environmental quality review required.
(7)
A map, at an appropriate scale, showing the larger vicinity in which the site is located, the parcel under consideration for site plan review and all properties, subdivisions, streets, rights-of-way and other pertinent features in the vicinity of the site.
(8)
An economic analysis of the project indicating, as applicable, such information as cost of construction and development, proposed rental or sales prices, market area, cost and manner of providing public utilities, etc.
B.
Additional information. The Planning Board may require other and further information or documentation as the Board may deem to be necessary and appropriate to a full consideration and disposition of a particular application.
C.
Other sources. The Planning Board may consult with appropriate town, county, state and federal personnel and/or the Board's private consultants, as may be necessary and appropriate for a proper consideration of a particular application.
§ 250-59.6 Review and decision.
A.
Following the declaration of a completed application, the Planning Board shall have 62 days to approve, approve with modifications, or disapprove the application or hold a public hearing if deemed necessary and appropriate by the Planning Board. In the event that a public hearing is held, the Planning Board shall have 62 days from the public hearing to approve, approve with modifications, or disapprove the application. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before such hearing and shall give public notice of said hearing in a newspaper of general circulation in the village at least five days prior to the date thereof. The time within which the Planning Board may render its decision may be extended by mutual consent of the applicant and the Planning Board. At any time during the review procedure the Planning Board may suspend the review pending the submission of additional material. 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. A copy of the site plan, if approved, shall be signed by the Planning Board Chairman and filed with the Village Clerk's office within five days after such decision is rendered.
B.
Criteria for disapproval. The Planning Board may disapprove site plans submitted pursuant to this article on the basis of specific written findings directed to one or more of the following:
(1)
The application is incomplete in specified particulars or contains or reveals violations of this chapter or other applicable local laws, ordinances, regulations or requirements of the village which the applicant has failed to address or correct.
(2)
The applicant has failed to supply other and further information deemed necessary and appropriate.
(3)
In the case of a site plan submitted in conjunction with a Planned Area Development District, the proposed site plan fails to meet one or more of the provisions listed in Article XII of this chapter.
(4)
The proposed site plan interferes in specified particulars with easements, roadways, rail lines, utilities and public or private rights-of-way.
(5)
The proposed site plan in specified particulars destroys, damages or interferes with the enjoyment of significant natural, topographic or physical features of the site or surrounding property.
(6)
The proposed site plan in specified particulars creates hazards to safety on or off the site, disjointed pedestrian or vehicular circulation paths on or off the site, undue dependence on automobile travel or undue interferences and inconveniences to pedestrian travel.
(7)
The screening of the site does not provide adequate shielding from or for nearby uses which may be incompatible with the proposed use.
(8)
The proposed structures or landscaping in specified particulars are lacking amenity in relation to or are incompatible with nearby structures and uses.
(9)
The proposed site plan makes inadequate provision for the creation or preservation of open space or for its continued maintenance.
(10)
The proposed site plan in specified particulars creates drainage or erosion problems.
(11)
The proposed site plan in specified particulars creates an undue burden on existing transportation, water, sewer drainage or utilities or on natural features.
(12)
The proposed site plan in specified particulars exhibits excessive uniformity, dissimilarity and inappropriateness or poor quality of design in the exterior appearance of buildings or other structures erected or altered, thereby adversely affecting the desirability of the immediate and neighboring areas and, by so doing, impairs the benefits of occupancy of existing real property in such areas, impairs the stability in value of both improved and unimproved real property in such areas, prevents the most appropriate development and use of such areas, produces degeneration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof and contributes to the diminution of the taxable value of real property in such areas and their ability to support municipal services provided therefor.
§ 250-59.7 Limitation on site plan approval.
Site plan approval shall be valid for a period of one year from the date of approval unless a building permit is issued and construction has actually begun within that period and is thereafter diligently pursued to completion or when a building permit is not required, construction or commencement of the proposal has actually begun within that period and is thereafter diligently pursued to completion.
§ 250-59.8 Financial responsibilities.
A.
Prior to the issue of building permits or zoning certification, the applicant may be required to post performance bond(s) or letter of credit pursuant to and in accordance with the same procedures as provided for in § 7-730 of the New York State Village Law, in sufficient amounts and duration to assure that all street or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cables or other connecting facilities, sanitary sewers and storm drains or other improvements shall all be installed in accordance with standards, specifications and procedure acceptable to the appropriate village departments.
B.
Costs or fees incurred for necessary consultant services or other extraordinary expense in connection with the review of a proposed site plan shall be paid by the applicant, provided that the necessity of such services has been determined by the Planning Board. Such costs shall be in addition to any application fee schedule and shall be paid prior to final approval.
C.
In connection with its site plan review, the Planning Board may require a performance bond in an amount it shall determine to insure that, upon completion of the project, all the public improvements shown on the site plan are completed and, furthermore, to ensure that, in the event that the project is abandoned, the project is either completed or the site is restored to its condition prior to the commencement of the project. The project shall be deemed abandoned if no substantial work is performed on the site for a period of one year and the site plan approval has expired.
§ 250-59.9 Amendments.
An approved site plan may be amended at any time subject to the same criteria and limitations as provided in this section for original site plan approval, including application fee.
§ 250-59.10 Integration of procedures.
Whenever the particular circumstances of a proposed development or redevelopment require compliance with this article and any other local law, ordinance or requirement of the village, including but not limited to either the zoning amendment review procedures, Article XII, Planned Area Development District, or the requirements of Chapter 219, Subdivision of Land, the Planning Board may integrate site plan review as required by this article with the procedural and submission requirements for such other compliance.
§ 250-59.11 Severability.
Should any section or provision of this article be declared to be unconstitutional or invalid by the courts, such decision shall not affect the validity of the balance of this article.