Walton Village City Zoning Code
ARTICLE XIV
Site Plan Review
§ 260-62 Approval required for certain types of site development plans.
The Village of Walton Planning Board is hereby authorized to review and approve, approve with conditions, or disapprove site plans prepared to the specifications set forth in this article. Before the issuance of a building permit, approval by the Planning Board shall be required of site development plans for all of the following:
All new buildings and accessory uses, other than one-family and two-family dwellings, in all districts.
Parking areas for four or more vehicles.
Off-street loading facilities.
Required screening or buffer treatment.
Building alterations which significantly affect exterior appearance as determined by the Code Enforcement Official or which require additional parking.
Conditional uses for all zoning districts.
Extension, enlargement or expansion of existing structures, other than one-or two-family dwellings, exceeding 10% of the existing square footage, provided that there have been no more than three expansions and that said building or structure can meet all other requirements of this chapter.
§ 260-63 General content of site plans.
In general, a site plan shall comprise a development plan for an entire project on a single parcel of land, showing the use or uses, dimensions and locations of proposed and existing structures and of areas to be reserved for vehicular and pedestrian circulation, parking, signs, landscaping, screening and other spaces, and architectural sketches and drawings demonstrating the design and character of the proposed uses and the physical relationship of such uses.
§ 260-64 Filing date; review of application.
The site plan is to be submitted to the Code Enforcement Official at least 14 days before the regularly scheduled meeting of the Village Planning Board, but the Code Enforcement Official may waive this provision in his discretion. The Code Enforcement Official shall review said application to determine whether it is complete and conforms to the provisions of the Zoning chapter. A complete application includes all data listed below in § 260-70. Upon request of the applicant, the Code Enforcement Official may waive certain requirements as listed in § 260-70 when in his discretion such information is not material to the project under review. The Code Enforcement Official should notify the applicant in writing within 14 days of receipt of the application if the application is incomplete or not in conformance with applicable zoning requirements. However, in no case shall an application be processed if it is incomplete or does not comply with zoning requirements. When the application is deemed complete and complies with zoning requirements, the Code Enforcement Official shall submit seven copies of the application to the Clerk-Treasurer of the Village Planning Board at least seven days before the regularly scheduled Village Planning Board meeting.
§ 260-65 Referral to other agencies.
In addition to referral of site plans to other agencies as required by law, the Planning Board may refer site plans to other federal, state, county, local, private or quasi-public agencies for their recommendations within their particular fields of expertise. The Planning Board shall receive written reports by other agencies that have been requested to submit a report, provided that such agencies shall report within 30 days from the submission to said agency to review and comment on same. Failure of any agency to respond within the prescribed time period shall constitute approval of said application by the agency.
When required by § 239-m of General Municipal Law, copies of the application will be sent to the Delaware County Planning Board for review. In the event that a public hearing is scheduled, the Planning Board shall mail notices to the Delaware County Planning Board as required by § 239-m of the General Municipal Law. The Delaware County Planning Board must be sent notice of the public hearing at least 10 days before the public hearing. The notice shall be accompanied by a full statement of the matter under consideration, as defined in § 239-m of the General Municipal Law. If the Delaware County Planning Board submits a report that recommends disapproval or conditional approval, then the Village Planning Board may override that agency's decision by a vote of a majority plus one. If the Village Planning Board votes to override the Delaware County Planning Board recommendation, the Village Planning Board shall provide a written statement explaining the reasons for the overriding vote. The Delaware County Planning Board must be notified of the final action taken by the Village Planning Board within seven days.
§ 260-66 Application fees.
Upon receipt of a site plan application by the Village Planning Board, the application fees, if any, shall be paid. Application fees shall be set by resolution of the Village Board of Trustees.
§ 260-67 Review by Planning Board.
The review timetable commences the day the site plan application is accepted at the official Planning Board meeting. Within 62 days of receipt of all required reports and applications, the Planning Board may hold a public hearing on the proposal. Within 62 days of the public hearing, the Planning Board shall render a decision. If no public hearing is held, the Planning Board shall render a decision within 62 days of receipt of an application for site plan approval. The time period in which the Planning Board must render a decision may be extended by written consent of the applicant and the Planning Board.
Public hearing.
If a public hearing is required, the Clerk of the Planning Board shall mail notice of said hearing to the applicant at least 14 days before the hearing and shall give public notice of the hearing in the official newspaper. The public notice shall be published at least five days before the public hearing.
In addition to the public notice of hearings, the applicant shall give notice, in writing, by certified mail, within 10 days of the public hearing, to all property owners of land adjacent to the property. Adjacent properties shall be all properties that directly abut the property on which the action for site plan review is being proposed. This includes all properties directly across a street, watercourse or right-of-way.
The reasons for action taken on the application shall be set forth in the written minutes of the Planning Board. The Planning Board decision shall be filed within five business days after such decision is rendered in the office of the Village Clerk-Treasurer and a copy mailed to the applicant.
§ 260-68 Compliance with site plan approval.
All proposed improvements or development indicated on the approved site plan map shall meet the requirements of all applicable codes and laws of the Village, county, state or federal governments and other agencies with jurisdiction over matters pertaining to site development.
§ 260-69 Site plan to be binding.
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. Site plan approval shall remain in effect for a period of one year following the date of approval. The Planning Board, upon request from the applicant, may, for good and sufficient reason, extend this period for not more than one additional year.
§ 260-70 Information required.
Plans submitted to the Code Enforcement Official shall be considered as being ready for review if the following data and information are submitted at the appropriate scale:
Name and address of the owner of the plot.
Lot and block number of the assessment map.
Name(s) of owners of record of all adjacent property.
Existing zoning.
Boundaries of property.
Building and setback lines.
Location of existing buildings.
Type and location of easements.
Copy of covenants and deed restrictions.
Contours with five-foot intervals or less.
Location of existing watercourses, marshes, rock outcrops, wooded areas.
Single trees eight inches or more as measured three feet above the base of the trunk.
Location of features on property or beyond which affect property, i.e., watercourse, wooded areas, easements, rights-of-way, streets, road, highway, freeways, railroads, canals, rivers, buildings and structures.
Name of development.
Date.
North arrow.
Scale.
Name and address of record owner, engineer, architect, land planner or surveyor responsible for the preparation of the plan.
Proposed use(s) for land and buildings.
Proposed location of buildings and accessory structures.
Dimensions of buildings(s).
Location and treatment of all entrances and exits.
Finished grades of all open spaces.
Proposed grades of interior walks and sidewalks, walkways and all others for pedestrian use.
Driveways and parking or other paved areas.
Buildings shall indicate type of construction.
Floor area and height.
Access and egress onto public streets.
Traffic signals, channelization, acceleration and deceleration lanes, additional width.
Off-street loading and/or parking areas.
Parking spaces, number of spaces provided.
Aisles, spaces and driveways with dimensions.
Lighting: location, color, direction, type of fixture, power, and timing.
Signs: location, dimension, elevation, and drawings of all signs.
Utilities: location on plan of existing and/or proposed public and private utilities.
Stormwater drainage: location, size, and type of temporary and permanent facilities.
Sanitary sewer lines located.
Open spaces and recreation: location and identification.
Existing landscaping and forestry features.
Buffer areas and screening; if a wall, indicate material to be used.
Floor plans, elevations, heights, general design and styling.
SEQRA (State Environmental Quality Review): environmental assessment form or environmental impact statement.
Plans for the control of soil erosion.
Other documents required by the Planning Board.
§ 260-71 Considerations, conditions and standards.
Standards generally. In considering and approving the site development plan, the Planning Board shall take into consideration the public health, safety and general welfare, comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and it may attach such conditions and safeguards as a precondition to approval of such plan as, in its opinion, will further the general purpose and intent of this Zoning chapter and be in harmony therewith.
Conditions and standards. The Planning Board may impose appropriate conditions and safeguards with respect to the following aspects of the proposed development but shall not be limited solely to these aspects:
Traffic and circulation.
Adequacy of the location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site and traffic patterns thereon and in relation to pedestrian traffic.
That all proposed traffic accessways to and from the public street are adequate in width, grade, alignment and visibility; not located too near street corners, schools or other places of public assembly; and other similar safety considerations.
That the interior circulation system is adequate to provide safe accessibility to all required off-street parking and for fire apparatus and police vehicles, and the adequacy of the location and design of automobile parking areas and of loading areas.
Layout and screening.
Harmonious location of main and accessory buildings in relation to the site and in relation to one another.
Satisfactory and harmonious relations between the development on the site and existing and prospective development of contiguous land and adjacent neighborhoods.
That all playground, parking and service areas are reasonably screened, at all seasons of the year, from the view of adjacent residential lots and streets; that the general landscaping of the site is in character with that generally prevailing in the neighborhood; and that all other required screening or buffering is adequate to fulfill its function.
Removal of trees.
That the development of any residential site does not contemplate the removal of trees over 24 inches in circumference, measured three feet above grade, except in the area of the building and in the marginal area surrounding the building to a distance of 15 feet from exterior walls or eaves of porches, and except for the purpose of creating an improved landscape plan, opening vistas, the installing of site structures such as walks, driveways, parking areas, swimming pools, courts for games and sports and other such structures, and except for reasons of safety, sanitation and the general welfare. Trees to be removed to create an improved grading and landscaping plan shall be indicated on grading or site development plans submitted in conjunction with the site plan. Removal of diseased and dead trees is not prohibited, except that girdling or poisoning of trees in order to avoid compliance with approval plans shall constitute a violation. The removal of any trees over 24 inches in circumference measured three feet above grade for any reason, except safety, sanitation, control of disease or the general welfare, prior to approval of the site plan shall constitute a violation.
Violations of this section shall be subject to a fine of $250 plus $5 for each increment of one inch in circumference that the circumference exceeds 24 inches.
Capital improvements: that drainage, sewer lines, relating walls, culverts and other capital improvements are adequate, measured by normal engineering design standards.
Maintenance: adequacy of plans for and likelihood of maintenance of the foregoing.
In all R-R Districts, all development shall be designed so as to prevent soil erosion, deterioration of the banks of public waterways and to ensure that there is no major outside storage of vehicles (snowmobiles, used cars, etc.).
Drainage certification. The Planning Board shall approve no site plan until it has been certified by the Village Engineer with respect to the adequacy of proposed facilities for sewerage and for drainage of stormwater.
Flooding: that the site meets the requirements for development in the state's flood hazard zone.
Solar access: that the applicable codes and laws governing the installation and operation of solar energy systems and equipment be met.
Large dish antenna in residential districts. The proposed dish antenna will have a harmonious relationship with surrounding property uses and shall be located so as not to diminish the value or use of surrounding properties. Among other things, the Board of Trustees shall consider the criteria listed below:
The dish antenna shall be located on the ground and must be screened from the roadway and adjoining property owners by foliage of such height and density so as to adequately screen said satellite antenna from the road and adjoining property owners during the entire year. The Board may condition any approval on receipt and approval of a landscaping plan.
The dish antenna shall be located in the rear yard only and shall be an accessory structure requiring compliance with all minimum yard requirements as per the Zoning chapter. When a backyard is not accessible or does not meet building specifications and a side yard meets the Building Code, a dish antenna may be located there. If said side yard borders on a street, a screen of foliage shall be provided to adequately shield said satellite antenna from the street and adjoining properties during the entire year.
The dish antenna shall not be connected to or placed upon any roof, and no part of the antenna shall at any point be elevated to or reach a height more than 15 feet above the natural grade of the subject premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Each lot may have a maximum number of one dish antenna.
The dish antenna shall not be located on any portable device.
§ 260-72 Effect on other laws and regulations.
This article in no way affects the provisions or requirements of any other federal, state or local law or regulations. Where this article is in conflict with any other such law or regulation, the more restrictive shall apply.
§ 260-73 Court review.
Any person aggrieved by a decision of the Planning Board with respect to site plan review may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision by such Board in the office of the Village Clerk.
§ 260-74 Referral to adjacent municipalities.
Whenever any part of a proposed development is located within 1,000 feet of a border of the municipality and if there is in existence a Planning Board in the adjacent municipality, then the developer must notify that Planning Board of his plans and submit its written comments as part of the application for site plan review. This requirement applies only to commercial and industrial developments and residential developments of more than 25 units.