Tivoli Village City Zoning Code
ARTICLE IX
Site Plan Approval
§ 231-61 Requirement; costs.
A.
The Planning Board is authorized to review and approve, approve with modifications or disapprove site plans. Site plan approval by the Planning Board is required for all uses permitted in the General Business District (GB) and the Residential Business District (RB), except for one-family dwellings and agriculture, and for all special permit uses in all districts. Site plan approval is also required for multifamily and row or townhouse dwellings in the Pine Street Overlay District (PS-O).
[Amended 11-17-2010 by L.L. No. 1-2010; 9-19-2012 by L.L. No. 3-2012]
B.
The Planning Board shall also determine the applicability of the State Environmental Quality Review Act (SEQR). An environmental assessment form (EAF), to be completed by the applicant, is required if the proposed project is classified as Type I or unlisted according to SEQR.
C.
Reasonable and necessary costs incurred by the Planning Board for professional review of a site plan application shall be charged to the applicant pursuant to Chapter 226 of the Tivoli Village Code.
[Added 3-19-2003 by L.L. No. 3-2003]
§ 231-62 Procedure.
A.
Application to Zoning Enforcement Officer. As provided by § 231-55, application for a permit shall be made to the Zoning Enforcement Officer prior to the commencement of the excavation for, or the construction of, any building or structure or the use of land. If, upon receipt of such application, the Zoning Enforcement Officer determines the permit for the excavation, construction or use of land shall not be issued without the approval of a site plan by the Planning Board, the ZEO shall provide the applicant with an application for site plan approval. Upon receipt of the completed application, the ZEO shall, within five days of its receipt, forward the application to the Planning Board.
§ 231-63 Facts to be considered in site plan approval.
A.
In acting on any proposed site plan of development, the Planning Board shall take into consideration the requirements of the Village Development Plan adopted by said Board and the Official Map as it may be adopted by the Village Board. The Planning Board shall also consider the proposed location of main and accessory buildings on the site and their relation to one another; traffic circulation within the site; height and bulk of buildings; provision of off-street parking space; provision of buffer areas and other open spaces on the site; signs; means of access; and screening, landscaping and architectural features so that the development will adequately handle pedestrian and vehicular traffic within the site in relation to the street system adjoining and will harmoniously and satisfactorily fit in with contiguous land and buildings and adjacent neighborhoods.
B.
In addition, the Planning Board shall consider facts, such as drainage, road alignment and other engineering aspects of such site plan, and may require the review of such factors by engineering authorities appointed by the Village.
C.
In reviewing site plan applications for uses that provide public accommodation, including but not limited to retail businesses, cultural facilities, and multifamily dwellings, the Planning Board shall consider whether the proposed project is consistent with the requirements of the Americans with Disabilities Act ("ADA") as implemented by Chapter 11 of the Uniform Code (as defined in § 98-2 of the Village of Tivoli Code). For uses proposed in existing buildings, the Planning Board shall consider whether there is an opportunity to achieve or improve ADA compliance. Proposals for changes in use, new buildings or alterations that increase, expand or extend gross floor area or height shall be referred to the Village Engineer and/or Code Enforcement Official for review to ensure that the buildings and their associated sites and facilities meet Uniform Code requirements for accessibility for individuals with disabilities to the maximum extent practicable.
[Added 8-14-2024 by L.L. No. 1-2024]
§ 231-64 Material to be submitted by applicant.
A.
Site plan. The applicant shall submit a map of the property on which the use for which application is made is proposed to be situated. This map shall be drawn at the scale of 100 feet to the inch or larger and shall show the location of all automobile parking and all parking for commercial vehicles while loading and unloading; the location and width of all driveways, exits and entrances; the location of any outdoor storage areas; the location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; provide a description and the location of sewage disposal facilities; show the location and size of all signs, the location of proposed buffer areas and the design of lighting facilities; and such other information as the Planning Board may require.
B.
Additional information. At the discretion of the Planning Board, the applicant may be required to submit the following data:
(1)
Vicinity map. This map shall be drawn at the scale of 2,000 feet to the inch or larger and show the relationship of the proposal to existing community facilities that may affect or service it, such as roads, shopping areas, schools, etc. It shall also show all properties, subdivisions, streets and easements within 500 feet of the property on which the use for which application is made is proposed to be situated. Such a sketch may be superimposed on a United States Geological Survey (USGS) map of the area.
(2)
Topographic map. A map of the property on which the use for which application is made is proposed to be situated; such map shall be drawn at the scale of 100 feet to the inch or larger and shall show existing topography at a contour interval of not more than five feet. This map shall also show the location of pertinent natural features that may influence the design of the proposed use, such as watercourses, wetlands, rock outcrops and single trees eight or more inches in diameter.
(3)
Elevations and/or sections. Elevations and/or section drawings shall be drawn in sufficient detail to delineate clearly the bulk and height of all buildings and other structures included in the proposal for which application for permit is made.
§ 231-65 Landscape treatment.
A.
Requirement.
(1)
The provisions of this section shall apply to all multifamily complexes with five or more dwelling units and all nonresidential uses. A complete plan of existing and proposed landscaping shall be submitted to and approved by the Planning Board in the site plan approval process. This plan shall detail the type, number, size and location of each new plant species.
(2)
To minimize erosion and stormwater runoff and to maintain and improve the aesthetics of the Village, all portions of the lot not used for buildings, structures, off-street parking and loading, permitted outdoor storage, driveways and walkways shall be landscaped and maintained in accordance with the provision of this section.
B.
General provisions. Where existing natural features and terrain is of a character, location, size and type that supports a landscaping plan, the Planning Board may modify the standards of this section.
(1)
Unique natural areas and open spaces, such as streams, ponds, marshes, steeply sloped areas, woodlands, and historic assets which would add value to the development or to the Village as a whole, shall be preserved.
(2)
Where deemed appropriate, the Planning Board may require a landscaped buffer area of sufficient width between the paved road and any structure or parking area.
(3)
Refuse storage. All outside trash receptacles (except those intended for use by customers) shall be so designed, constructed and maintained as to allow no view of the trash storage from the street, and shall be located within an enclosure constructed of opaque masonry materials and shall be provided with opaque gates of the same height. The height of the enclosure shall be at least as high as the trash receptacles.
(4)
Lighting. Exterior lighting proposed for use on the site shall be planned, erected and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way. The light source shall not be higher than 15 feet from the ground.
[Amended 9-19-2012 by L.L. No. 3-2012]
(5)
All plantings shown on an approved site development plan or special permit plan shall be natural and shall be maintained in a vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.
(6)
All shrubs and trees shall be protected from possible damage inflicted by vehicles using the parking area or access drives by means of a raised concrete curb placed at the edge of the pavement or other methods deemed appropriate for this purpose by the Planning Board.
(7)
In connection with the review of any site plan application for a nonresidential use abutting or directly across a street from a residence district, a buffer strip of landscaping shall be required along all such property lines. Such buffer strips shall comply with at least the following additional minimum standards:
[Amended 11-17-2010 by L.L. No. 1-2010]
(a)
It shall be at least 25 feet wide.
(b)
It shall be of evergreen planting of such type, height, spacing and arrangements as, in the judgment of the Planning Board, will effectively screen the activity of the lot from the neighboring residential area. Nonevergreen planting may be included to supplement evergreen planting, but not to take its place.
(c)
Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.
C.
New plantings.
(1)
When planted, each new tree for screening and buffer areas shall have a caliper of at least 1 1/2 inches diameter measured at a height of four feet.
(2)
No permanent impervious surfacing or subsurfacing shall be located around the base of any tree or shrub which may impede the growth of the tree or shrub.
(3)
No new tree, as measured from its center, shall be located within 10 feet from a fire hydrant or light standard or within five feet of a public sidewalk or vehicular accessway unless planted in a tree lawn between the sidewalk and the street curb or pavement edge.
[Amended 11-17-2010 by L.L. No. 1-2010]
§ 231-66 Disposition of application by Planning Board.
The Planning Board shall fix a time within 62 days from the day an application for site plan approval is made for hearing of any matter referred to under this section, if a public hearing on any such matter is required by decision of the Board of Trustees. The Planning Board shall also give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof, and shall decide the same within 60 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. The decision of the Planning Board shall immediately be filed in the office of the Village Clerk and the ZEO, and a copy thereof mailed to the applicant. Nothing herein shall preclude the holding of a public hearing on any such matter on which a public hearing is not so required.
§ 231-67 Referral to Dutchess County Department of Planning and Development.
[Amended 11-18-2009 by L.L. No. 1-2009]
A.
Site plan applications shall be referred to the Dutchess County Department of Planning and Development pursuant to § 239-m of the General Municipal Law for review, as required.
B.
Within 30 days after final action by the Planning Board on a matter referred to it pursuant to Subsection A, or such shorter period as may be prescribed by the General Municipal Law, the Planning Board shall file a report of the final action it has taken with the Dutchess County Department of Planning and Development.
§ 231-68 Fees.
Site plan application fees shall be determined by the Village Board of Trustees.