West Haverstraw City Zoning Code
ARTICLE XVI
Site Development Plans
§ 250-82 General provisions.
A.
Site development plan approval by the Planning Board shall be required for:
(1)
The erection or enlargement or exterior alteration of all buildings in all districts, except one- and two-family dwellings.
(2)
Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, drainage, access or utilities.
(3)
Any application for a special permit.
[Amended 4-5-2017 by L.L. No. 5-2017]
B.
In all cases where any amendment of an approved plan is proposed, the applicant must secure approval of the proposed amendment by the Planning Board. No building permit may be issued for any structure within the purview of this section until an approved site development plan or approved amendment of any such plan has been secured by the applicant and presented to the Building Inspector/Village Engineer. No certificate of occupancy may be issued for any building or use of land within the purview of this section unless the building is constructed and used, or the land is developed and used, in conformity with an approved site development plan or an approved amendment of any such plan.
C.
Procedure.
(1)
Presubmission. Prior to the submission of a formal site development plan, the applicant, and/or his designated representative, may meet with the Planning Board to discuss the proposed site development plan. Due to special conditions peculiar to a site, the Board may vary or waive the provision of such information otherwise required at Subsection D below, provided that such variance or waiver will not have a detrimental effect on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site development plan submission, Official Map, Master Plan or this chapter.
(2)
Final submissions. At least 15 days in advance of the Planning Board meeting at which a site development plan, or an amendment of it, is to be presented, eight copies of the information enumerated in Subsection D must be submitted as required to the Clerk of the Planning Board along with the completed application. All maps must be submitted at a scale of not more than 30 feet to the inch.
(3)
Public hearing. The Planning Board shall conduct a public hearing within 62 days from the day a completed application is received. The applicant shall publish a notice of such hearing and the substance of the application in the official newspaper of the Village at least 10 days before the date of such hearing and within 45 days after the filing of such appeal or application and post the property with at least two signs 8 1/2 inches by 11 inches in size. The applicant shall mail such notice, by certified mail with return receipt requested, at least 10 days before the date of said hearing to the owners of all property abutting that held by the applicant and all other owners within 200 feet, or such additional distances as the Planning Board may deem advisable, from the exterior boundaries of the land involved in such application, as the names of said owners appear on the last completed assessment roll of the Village.
D.
Plan requirements. The information submitted, and which in total shall constitute a site development plan, is as follows:
(1)
Legal data.
(a)
The names of all owners of record of all adjacent properties.
(b)
Existing zoning boundaries.
(c)
Boundaries of the property, building and setback lines, if different from those required in the zoning provisions of this chapter, and lines of existing streets and lots as shown on the Village's Official Map. Reservations, easements and areas dedicated to public use, if known, shall be shown.
(d)
A violations search for the proposed site development plan.
(e)
A survey showing all lengths, in feet and decimals of a foot, and all angles shall be given to the nearest second or closer if deemed necessary by the surveyor.
(f)
A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
(2)
Existing buildings. A drawing showing the location of the existing buildings on all adjacent properties within 10 feet of the adjacent properties.
(3)
Topographic data.
(a)
Existing contours with intervals of two feet or less, referred to a datum satisfactory to the Board.
(b)
The location of existing watercourses, marshes, wooded areas, rock outcrops, single trees with a diameter of six inches or more, measured four feet above the base of the trunk, and other significant existing features.
(4)
Development data.
(a)
The title of the development, date, North point, scale, name and address of the record owner, engineer, architect, land planner or surveyor preparing the site development plan.
(b)
The proposed use or uses of the land and buildings and proposed location of buildings.
(c)
All means of vehicular access to the land and egress from the site onto public streets.
(d)
The width of streets and sidewalks abutting the lot in question.
(e)
The location and design of any off-street parking areas or loading areas.
(f)
The location of all existing and proposed waterlines, valves, hydrants, grades and pipe size and all sewer lines.
(g)
The proposed location, direction, power and time of proposed outdoor lighting.
(h)
Existing and proposed stormwater drainage system, including culverts. Data shall include depth, grades and pipe size and calculations.
(i)
Proposed electric and telephone lines.
(j)
The location of all uses not requiring a structure.
(k)
The necessary tabulated computations to establish conformity with bulk and density regulations, showing required, proposed and identified variances, if any.
(l)
All proposed lots, easements and public community areas; and all existing and proposed streets with profiles indicating grading and cross sections showing widths of roadways, the location and widths of sidewalks and the location and size of utility lines. All lengths shall be in feet and hundredths of a foot, and all angles shall be given to the nearest second.
(m)
All proposed grades, including spot elevations.
(n)
The proposed screening and/or landscaping as shown on a planting plan.
(o)
Where the applicant wishes to develop in stages, a site plan indicating ultimate development shall be presented for approval.
(p)
Elevations of all principal and accessory buildings incorporating the design and/or screening of any projection from the roof and a clear indication of material and colors to be utilized on the exterior of any structure.
E.
Duties of the Planning Board. In approving the site development plan for any particular use, the Planning Board shall give specific consideration to the design of the following:
(1)
Traffic access. All proposed traffic access shall be adequate in width, grade, alignment, visibility and distance to street corners and other driveways and other safety considerations.
(2)
Circulation and parking. Off-street parking and loading spaces shall be designed so as to minimize parking of vehicles in public streets. The interior circulation system shall be adequate to provide safe accessibility to all required off-street parking.
(3)
Landscaping and screening. All playground, parking and service areas shall be reasonably screened from the view of adjacent residential lots and streets during all seasons of the year. General landscaping of the site shall be in character with that generally prevailing in the neighborhood. Existing trees over six inches in diameter will be preserved to the maximum extent possible.
(4)
Utilities. All new utilities, including electric service, telephone and cable television, shall be underground. Water, sewage and drainage facilities shall be adequate.
(5)
Character and appearance. The character and appearance of the proposed use, buildings and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood and the Village of West Haverstraw and shall not adversely affect the general welfare of the inhabitants of the Village of West Haverstraw. Such considerations shall include the scale of proposed buildings, the color and texture of materials and the relation of buildings on the site to each other and to buildings on adjacent lots.
F.
Approval. In considering and approving the plan, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and may attach such reasonable conditions and safeguards as a precondition to approval of said plan which will further the general purpose and intent of this chapter and be in harmony therewith. Among the conditions which the Planning Board shall attach is the filing of site performance bonds in the form satisfactory to the Village Attorney and in an amount established by the Planning Board upon recommendation of the Village Engineer. The Planning Board shall issue a decision within 62 days of the close of the public hearing.
G.
Unless work is commenced and diligently prosecuted within one year of the date of the granting of the site development plan approval, such approval shall become null and void.
H.
Pursuant to § 7-725-a, Subdivision 5, of the Village Law, the Planning Board may waive, when reasonable, any requirements for the approval, approval with modifications or disapproval of site plans submitted for approval. Any such waiver shall be subject to appropriate conditions of the Planning Board which it may find to be reasonably necessary and where the Board concludes that any such requirements are not to be required in the interest of the public health, safety or general welfare or inappropriate to a particular site plan.