Village Of Albion City Zoning Code
ARTICLE X
Site Plan Review
§ 290-85 Purpose.
The intent of this Article is to set forth additional general standards applying to certain uses and activities. The nature of these uses and activities require special consideration of their impacts upon surrounding properties, the environment, community character and the ability of the Village to accommodate development consistent with the objectives of this chapter.
§ 290-86 Applications.
All applications for zoning permits, zoning variances or special permits, except for one- and two-family dwellings, their permitted accessory uses and any addition to a single- or two-family dwelling, shall be accompanied by a site plan. No zoning permit or building permit shall be issued until all the requirements of this Article and all other applicable provisions of this chapter have been met.
§ 290-87 Procedure.
A.
Each application for a building permit or zoning permit, variance or special permit for any structure, building or use, other than one- or two-family dwellings, their permitted accessory uses or any addition to a single- or two-family dwelling, shall be referred to the Village Planning Board. The application shall be made to the Planning Board by filing it with the Code Enforcement Official. The Code Enforcement Official shall present it to the Planning Board at the Planning Board's next regularly scheduled meeting. The applicant may attend the Planning Board meeting to answer questions concerning the application.
B.
Within 45 days of the receipt of the application, or within 60 days in those cases for which the application is referred to the County Planning Board, the Planning Board shall render a decision to approve, approve with conditions or deny the site plan and shall forward the decision to the Code Enforcement Official. Any extension of this forty-five-day period may be granted upon consent of both the applicant and the Village Planning Board. If the Planning Board fails to act within the forty-five-day period or the extension period that has been granted, the site plan shall be considered approved.
C.
A full written record of the Planning Board minutes and decisions together with all documents pertaining to the case shall be filed in the office of the Village Clerk and shall be mailed to the applicant.
§ 290-88 Preapplication conference.
A preapplication conference may be held between the Planning Board and the applicant to review the basic site design concept and to determine the information to be submitted with the site plan.
§ 290-89 Application for site plan approval.
An application for site plan approval shall be made in writing to the Code Enforcement Official and shall be accompanied by information drawn from the following checklist. The Planning Board may require additional information if necessary to complete its review.
A.
Plan checklist for all site plans:
(1)
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Boundaries of the property, plotted to scale.
(4)
Existing watercourses and bodies of water.
(5)
Location of any slopes of 5% or greater.
(6)
Proposed grading and drainage.
(7)
Location, proposed use and height of all buildings and site improvements, including culverts, drains, retaining walls and fences.
(8)
Location, design and construction materials of all parking and truck loading areas, showing points of entry and exit from the site.
(9)
Location and design of all driveways and interior roads and sidewalks.
(10)
Location of outdoor storage, if any.
(11)
Location of proposed water and sewer connections.
(12)
Location, size and design and construction materials of all proposed signs.
(13)
Location and proposed development of all buffer areas, including existing vegetation cover.
(14)
Location and design of outdoor lighting facilities.
(15)
Location and design of all refuse collection and disposal facilities.
(16)
General landscaping plan.
(17)
Copy of property deed and a listing of all deed restrictions.
§ 290-90 Planning Board review of site plan.
The Planning Board's review of the site plan shall include, as appropriate, the following:
A.
General considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls. This includes the maximum feasible redesign of private roads to conform to public access and rights-of-way.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Location, arrangement, size and design and general site compatibility of buildings, lighting and signs.
(5)
The effect on views/vistas of existing properties due to the height, bulk or orientation of any proposed structure.
(6)
Adequacy of stormwater and drainage facilities.
(7)
Effect on available water supply and sewage disposal facilities.
(8)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum feasible retention of existing vegetation.
(9)
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(10)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or nuisances.
(11)
Protection of solar access on adjacent or neighboring properties.
(12)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(13)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(14)
Special attention to the productive use and access with backlot areas, indicating present and future intended uses.
(15)
Consistency with the general intent of the Village's Comprehensive Plan.
B.
Consultant review. The Planning Board may consult with the Village Code Enforcement Official, Fire Marshal, highway departments, County Planning Department and other local and county officials, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
C.
Optional public hearing. The Planning Board may conduct a public hearing on the proposed site plan. If a public hearing is considered desirable by a majority of the Planning Board, such public hearing shall be conducted within 45 days of the receipt of the complete application and shall be advertised in the official newspaper of the town at least 10 days before the public hearing. If a public hearing is held, a decision on the site plan shall be rendered within 45 days after the public hearing.
D.
Additional public notice. If the Planning Board determines that a public hearing shall be held, the applicant shall place one sign on the property for which site plan review is requested. Said sign shall be provided by the Code Enforcement Official. The sign shall be placed in a location which is easily read from a public street. The sign shall specify the date, time and place of the public hearing and a telephone number to call for more specific information. Such sign shall be placed on the site not less than five days prior to the public hearing and shall be brought to the hearing by the applicant or his designated representative.
E.
Action on site plan.
(2)
If the Planning Board grants final approval of the site plan, the Planning Board shall direct the Planning Board Chairman to endorse its approval on the original Mylar and one copy of the final site plan. Once signed, the Planning Board shall forward the Mylar and site plan to the Code Enforcement Official. The Code Enforcement Official shall issue a zoning permit to the applicant if the project conforms with all other applicable requirements and permits.
(3)
If the Planning Board disapproves the site plan, the Planning Board shall so inform the Code Enforcement Official and the applicant. The Code Enforcement Official shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
(4)
If the Planning Board conditionally approves the site plan, the site plan initially submitted shall be considered to be the preliminary site plan, and the applicant may prepare his final detailed site plan and submit it to the Planning Board for approval. If more than six months have elapsed between the time of the Planning Board's report on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning 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.
§ 290-91 Application for final detailed site plan approval.
A.
The final detailed site plan shall conform substantially to the preliminary site plan that has received conditional approval. It should incorporate any revisions or other features that may have been recommended by the Planning Board during the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
B.
The following additional information shall accompany an application for final site plan approval:
(1)
Detailed sizing and final material specification of all required improvements.
(2)
An estimated project construction schedule.
(3)
A detailed plan identifying all lands, easements and rights-of-way which shall be commonly owned with the identification of the association responsible for said ownership, the method of managing commonly owned properties and requiring that the officers of said association shall be identified to the Code Enforcement Official, in writing, on an annual basis.
(4)
Information specifying the materials to be used and information as to the character of the exterior design.
§ 290-92 Action on final detailed site plan application.
A.
Within 45 days of the receipt of a complete application for final site plan approval, the Planning Board shall render a decision to the applicant and the Code Enforcement Official.
B.
Upon approval by all involved agencies, an application for final site plan approval by the Planning Board shall direct the Planning Board Chairman to endorse its approval on the original Mylar and one copy of the final site plan. Once signed, the Planning Board shall forward the Mylar and site plan to the Code Enforcement Official. The Code Enforcement Official shall issue a zoning permit to the applicant if the project conforms with all other applicable requirements and permits.
C.
Upon disapproving an application for a final site plan, the Planning Board shall so inform the Code Enforcement Official and the applicant. The Code Enforcement Official shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
§ 290-93 Supplemental regulations pertaining to site plan approval.
A.
Expiration of site plan approval. Such site plan approval shall automatically terminate one year after the same is granted unless significant work has been done on the project.
B.
Reimbursable costs. Reasonable costs incurred by the Village for consultation fees or other extraordinary expenses associated with the review of a proposed site plan shall be charged to the applicant in accordance with the fee schedule.
C.
Performance guaranty. No zoning permit shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty, approved by the Village Board, has been posted for improvements. The sufficiency of such performance guaranty shall be determined by the Village Board after consultation with the Code Enforcement Official, Village Engineer, Planning Board and Village Attorney.
D.
Inspection of improvements and development. The Code Enforcement Official shall be responsible for the overall inspection of site improvements, including coordination with the Village officials and agencies, as appropriate. No certificate of occupancy shall be granted prior to a final inspection and determination of conformity to the site plan and the New York State Uniform Code and all other applicable laws, codes and regulations.
E.
Integration of site plan approval procedure with other Planning Board approvals. Whenever the particular circumstances of a proposed development require compliance with either the special use permit procedures or other requirements of this chapter, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this Article with the procedural and submission requirements for such other compliances. In any case, all state permits and local land use control approvals shall be procured prior to the issuance of a building permit for a development project.
F.
Conflicts. If any conflicts exist between this site plan review procedure and other land use controls of the Village, this Article shall apply.