Victor Village City Zoning Code
ARTICLE V
Site Plan Review
§ 170-15 Planning Board authorized to review, approve site plans.
A.
The Planning Board is hereby authorized, pursuant to § 7-725-a of the Village Law, to review and approve, approve with modifications, or disapprove site plans for land uses and development within the Village as designated pursuant to and in accordance with the standards and procedures set forth in this chapter. The Village Board hereby further authorizes the Planning Board to, when reasonable; waive any requirement set forth in §§ 170-18, 170-19, 170-25, 170-26, 170-27 or 170-28 for the approval, approval with modifications or disapproval of site plans submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in this article, may be exercised in the event that any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan.
B.
Site preparation or the commencement of construction prior to the termination of proceedings under this article is prohibited. No building permit or certificate of occupancy shall be issued except in compliance with the standards and procedures set forth in this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 170-16 Applicability.
A.
When required.
(1)
In all districts, site plan review and approval shall be required for:
(a)
The erection or development of all buildings in all districts other than one- or two-family residences or uses accessory thereto;
(b)
All uses of vacant land other than uses customarily accessory to one- or two-family residences;
(c)
Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, landscaping, or utilities;
(d)
Any plan to alter or improve a building facade in the Village Center Business District, Gateway Corridor Business District, or Industrial District; such improvements or alterations may include but not be limited to sandblasting, painting, installing awnings, lighting, doors, windows, and signs;
(e)
Uses requiring a special use permit.
B.
Development of land shall be in accordance with the development regulations of the Village of Victor. Regulations are available from the Village Clerk.
C.
Site plan applications within the Village Center Business District and Gateway Corridor Business District must reflect and demonstrate the architectural preservation and design standards, as noted in this chapter of the Village of Victor Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 170-17 Exceptions.
A.
The following are not subject to site plan review:
(1)
The construction or alteration of a one- or two-family dwelling.
(2)
Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this chapter.
(3)
Ordinary repair or maintenance or interior alterations to existing structures or uses.
(4)
Nonstructural agricultural or gardening uses not involving substantial timber cutting.
(5)
Signs in compliance with Chapter 130, Signs.
(6)
The sale of agricultural produce and temporary structures related to the sale of agricultural produce (requires vendor's permit).
(7)
Garage, lawn and porch sales not exceeding three consecutive days. If such sales take place more often than two times in any calendar year, site plan approval will be required.
§ 170-18 Preapplication conference.
A sketch plan conference shall be held between the Village staff, Planning Board Chair or Vice Chair and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of their proposal prior to the preparation of a detailed site plan and for the Planning Board to review and provide preliminary feedback on the basic site design concept, advise the applicant as to community planning and development goals, concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant shall provide the following:
A.
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, and other planned features.
B.
An area map showing the parcel under consideration for site plan review, and adjacent properties, streets or rights-of-way.
§ 170-19 Application requirements; fees.
A.
An application for site plan approval shall be made, in writing, to the Code Enforcement Officer and shall be accompanied by information contained on the following checklist. Eight copies of the site plan application package shall be provided, which shall include the following information:
[Amended 9-16-2019 by L.L. No. 5-2019; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
The title of the drawing, including the name and address of the applicant and the person responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Boundaries of the property, plotted to scale.
(4)
Existing buildings.
(5)
Grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses.
(6)
The location, design, type of construction, proposed use and exterior dimensions of all buildings.
(7)
The location, design and type of construction of all parking and truck loading areas, showing access, sight distances, and connection spacing in compliance with Chapter 40, Access Management.
(8)
Provision for pedestrian access, including but not limited to sidewalks and streetlighting, as per Village Development Regulations.[1]
[1]
Editor's Note: See Ch. A174, Subdivision of Land.
(9)
Location of outdoor storage, if any.
(10)
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(11)
A description of the method of sewage disposal and location, design and construction materials of such facilities.
(12)
A description of the method of securing public water and the location, design and construction materials of such facilities.
(13)
The location of fire and other emergency zones, including the location of fire hydrants.
(14)
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(15)
The location, size and design and type of construction of all proposed signs.
(16)
The location and proposed development of all buffer areas, including existing vegetative cover.
(17)
The location and design of outdoor lighting facilities.
(18)
Identification of the location and amount of building area proposed for retail sales or similar commercial activity.
(19)
A landscaping plan and planting schedule shall be provided. All sites must be graded, seeded and trees planted according to the landscape and planting schedule prior to the issuance of a certificate of occupancy.
(20)
An estimated project construction schedule.
(21)
A record of application for and status of all necessary permits from other governmental bodies.
(22)
Identification of any permits from other governmental bodies required for the project's execution.
(23)
A letter of credit in an amount determined by the Village Engineer may be required to ensure the proper construction of public services such as sidewalks, drainage, landscaping, planting, streets and other elements of the site deemed necessary by the Planning Board.
(24)
Other elements integral to the proposed development as may be considered necessary in the particular case by the Planning Board.
(25)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 137, Article I, and Chapter 170. The approved site plan shall be consistent with the provisions of Chapter 137.
B.
An application for site plan review shall be accompanied by a fee as established by the Village Board.
§ 170-20 Responsibility for costs.
Costs incurred by the Planning Board for consultation fees, including but not limited to attorney and engineering fees or other extraordinary expenses in connection with review of a proposed site plan shall be charged to the applicant. In addition, the cost of any public hearing or hearing shall be charged to the applicant.
§ 170-21 General review standards.
The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations:
A.
The location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
B.
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls and compliance with sight distances, connection spacing, and other standards in Chapter 40, Access Management.
[Amended 9-16-2019 by L.L. No. 5-2019]
C.
The location, arrangement, appearance and sufficiency of off-street parking and loading.
D.
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
E.
Adequacy of stormwater and drainage facilities.
F.
Adequacy of water supply and sewage disposal facilities.
G.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
H.
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
I.
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
J.
Overall impact on the neighborhood, including compatibility of design considerations.
K.
Any site plan before the Planning Board that calls for the demolition of any building constructed prior to 1950 shall be reviewed for its impact on historic resources as presented by the Town/Village Historian.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 170-21.1 Performance bond or other security.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As an alternative to the installation of required infrastructure and improvements, prior to approval by the authorized board, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the authorized board or a Village department designated by the authorized board to make such estimate, where such departmental estimate is deemed acceptable by the authorized board, shall be furnished to the Village by the owner. Such security shall be provided to the Village pursuant to the provisions of Subdivision 9 of § 7-730 of NY Village Law.
§ 170-22 Public hearing.
The Planning Board shall conduct a public hearing on the site plan within 62 days of the receipt of a complete application for site plan review and shall be advertised in the Village's official newspaper.
§ 170-22.1 Notice to County Planning Board or agency or regional planning council.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
At least 10 days before such hearing, the authorized board shall mail notices thereof to the County Planning Board or agency or regional planning council, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law. In the event a public hearing is not required, such proposed action shall be referred before final action is taken thereon.
§ 170-22.2 Notice to adjacent municipality.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Planning Board shall conduct a public hearing on the site plan. When the application is for site plan review and approval on property that is within 500 feet of an adjacent municipality, notice shall be given, in accordance with § 239-nn of the General Municipal Law, to the Clerk of the adjacent municipality at least 10 days prior to the public hearing. When required by the General Municipal Law, the Planning Board shall submit notice of the public hearing, along with a complete description of the application, to the County Planning Board and to the clerk of an adjacent municipality.
§ 170-23 State Environmental Quality Review Act.
Prior to rendering a decision on the site plan, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.
§ 170-24 Planning Board decisions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Within 62 days of the close of the public hearing, the Planning Board shall render a decision. In its decision, the Planning Board may approve, approve with modifications or disapprove the site plan. All motions or resolutions approving a site plan with or without modifications shall include a finding by the Planning Board that the site plan is in compliance with Chapter 40, Access Management, and the Village Official Map, or that waivers have been granted in accordance with the provisions of Chapter 40, Access Management. The time period in which the Planning Board must render its decision can be extended by mutual consent of the applicant and the Planning Board.
A.
Approval. Upon approval of the site plan and 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 site plan and shall file it and a written statement of approval with the Village Clerk within five days after the decision is rendered, with a copy to the Code Enforcement Officer. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
B.
Approval with modifications. The Planning Board may conditionally approve the final site plan. A copied written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met and 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 site plan and shall file it and a written statement of approval with the Village Clerk within five days after the decision is rendered, with a copy to the Code Enforcement Officer. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
C.
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall be filed with the Village Clerk within five days after the decision is rendered and a copy thereof shall be mailed to the applicant by certified mail, return receipt requested, along with the Planning Board's reason for disapproval.