Woodbury Village City Zoning Code
ARTICLE VIII
Site Plan and Special Permit Review and Approval
§ 310-45 Regulations.
[Amended 10-28-2021 by L.L. No. 12-2021; 6-12-2025 by L.L. No. 5-2025]
A.
Purpose. The purpose of this article is to standardize the procedure for the review of site plans and the requirements for site plan applications, regardless of district.
B.
Authorization; approval required.
(1)
The Village Board hereby authorizes the Planning Board, pursuant to Village Law § 7-725-a, to review and approve, approve with modification or disapprove site plans, prepared as hereinafter set forth in this chapter, and, where provided in this chapter, the Planning Board is further authorized to issue special permits upon determining that the public health, safety and welfare shall be served and neighboring properties will not be injured. The procedure for a special permit shall be the same as a site plan. Whenever the Board of Appeals or Planning Board is required to issue a special permit for any use in this chapter, no action shall be taken by either Board on the application for a special permit until the Planning Board has reviewed the site plan and granted approval.
(2)
Further, the Planning Board is authorized to implement its Architectural Review Board responsibilities, as provided in Chapter 8 of the Code of the Village of Woodbury, as part of the site plan review process.
C.
Applicability.
(1)
In all districts, site plan approval by the Planning Board shall be required for:
(a)
The erection or enlargement of all buildings in all districts other than one-family residences in R-3A, R-2A, R-1A and R-0.25A Districts, except that one-family residences shall be subject to site plan approval in flood hazard areas as defined on the Flood Insurance Rate Map.
(b)
All uses of vacant land.
(c)
Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, utilities or other municipal services.
(d)
Any application for a special permit or exception.
(2)
In any cases where an amendment of any such plan is proposed, the applicant must also secure the approval of the amendment by the Planning Board.
D.
Objectives and design requirements. In reviewing site plans, consideration shall be given to the public health, safety and welfare; the comfort and convenience of the public in general and of the residents or users of the proposed development as well as of the immediate neighborhood; and appropriate conditions and safeguards as may be required to further the expressed intent of this chapter and the accomplishment of the following objectives:
(1)
That the site plan is in conformance with any relevant portions of the Comprehensive Plan of the Village.
(2)
That the design of all structures is compatible with that of surrounding structures. Compatibility shall be determined by a review of the proposed use of materials, scale, mass, height, color, texture, architectural style and the location of the structure or structures on the site.
(3)
That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; and not located too near street corners or other places of public assembly; and other similar safety considerations.
(4)
That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services.
(5)
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 and that the general landscaping of the site is such as to enhance the character of the Village and is in character with that generally prevailing in the neighborhood.
(6)
That all existing trees over 12 inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible.
(7)
That all plazas and other paved areas intended for use by pedestrians utilize decorative pavements and plant materials so as to prevent the creation of vast expanses of pavement.
(8)
That all outdoor lighting is of such nature and so arranged as to preclude glare onto adjoining properties and streets.
(9)
That no sound from a public-address system should be audible on adjoining properties or on the adjacent street.
(10)
That all mechanical equipment necessary to operate the building's services, which equipment is located on the roof of a structure, shall be screened in a manner approved by the Planning Board.
(11)
That the drainage system and the internal water and sewer systems are adequate and that all wells and sewage treatment systems are in accordance with Village, state, federal and county standards.
(12)
That the site plan and building design accommodate the needs of the handicapped and are in conformance with the state standards for construction concerning the handicapped.
(13)
That the site plan and building design maximize the conservation of energy.
E.
Procedure. 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 or used or the land is developed or used in conformity with an approved site plan.
(1)
Waiver. Upon findings by the Planning Board that, due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provision of such information, as outlined in § 310-45I, provided that such variance or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of this chapter or the Official Map or Comprehensive Plan.
(2)
Final submissions. At least 15 days in advance of the Planning Board meeting at which a site plan, or an amendment of it, is to be presented, one copy of the information enumerated herein must be submitted to the Secretary of the Planning Board and letter of application, plus additional copies as may be required by the Building Department.
(3)
Public hearing. Where a completed application for review and approval of site plans or where an application for a special permit has been filed, the Planning Board shall fix a time, after the Planning Board has been provided with all information, data and studies it has requested, for the public hearing of such matter and give public notice thereof by publication in the official Village newspaper of such hearing at least five days prior to the date thereof and shall decide the same within 62 days after such hearing, unless:
(a)
In connection with an application pursuant to § 310-13, Ridge preservation, the Board has waived the requirement for a public hearing upon a determination that there is no apparent significant impact to the surrounding neighbors or neighborhood, given the mass and/or architectural features of the proposed project. The Planning Board shall decide the application within 62 days of the date of such waiver.
(b)
In connection with proposed amendments to a site plan and/or special permit, the Planning Board has waived the requirement for a public hearing upon a determination that such proposed amendment is consistent with the terms of any applicable special permit approval (or if no special permit is required) and does not represent a substantial change from the approved site plan. The Planning Board shall decide the application within 62 days of the date of such waiver.
(4)
Decision. The decision of the Planning Board shall be filed in the office of the Village Clerk as soon as practicable and a copy mailed to the applicant. By mutual consent, the time may be extended within which the decision is to be rendered by the Planning Board.
F.
Expiration of site plan approval. Final site plan approval shall expire one year from the date it is granted unless the applicant shall secure a building permit, site work permit and/or begin on-site work. The Planning Board may extend site plan approval for one additional period of one year if such extension is warranted by the particular circumstances. If on-site work ceases for a period of more than six months, then the applicant shall be required to secure a renewal of the site plan approval from the Planning Board. In the event that final site plan approval expires, then the applicant shall be required to file a new application. If a governmental agency has imposed a moratorium that prevents the developer from either starting construction or continuing construction on the project, then the year or that portion of the year remaining as required by this section shall be suspended until the moratorium is removed.
G.
Special permit. Where the Planning Board is authorized to issue a special permit, the same procedure as site plan review shall be utilized, and said review may be carried out simultaneously with the site plan review.
H.
Special permit renewal; waiver. The Planning Board is authorized to require as a condition to the issuance of a special permit that such special permit be renewed at a specified period after a public hearing. However, the Planning Board may waive such requirement where the circumstances do not require renewal.
I.
Plan requirements.
(1)
The information which is to be submitted and which in total constitutes a site plan follows.
(a)
All applications for site plan approval shall be accompanied by a site plan prepared, signed and sealed by a licensed professional engineer or a licensed land surveyor, which site plan shall be drawn to a scale of not more than 100 feet to the inch and shall show the following information:
[1]
The identifying title and the name of the Village and county.
[2]
The names and addresses of the record owners, developer and designer of the site plan.
[3]
The number of acres within the proposed site and the location of property lines, existing buildings, watercourses and other essential features.
[4]
The date, North point and written and graphic scale.
[5]
The locations of any existing sewage disposal systems and locations and sizes of wells, water mains, culverts and drains on and immediately adjacent to the site.
[6]
The locations, names and present widths of existing and proposed streets, highways, easements, curblines, alleys, parks and other proposed public open spaces and similar facts regarding adjacent property.
[7]
The provisions of this chapter applicable to the site, any zoning district boundaries affecting the site and any proposed changes in this chapter as it affects the site.
[8]
The locations and owners of all adjoining lands as shown on the latest tax records.
[9]
Deed restrictions or covenants applying to the site.
[10]
The widths and locations of any streets and other public ways or places shown upon the Official Map and the Comprehensive Plan, if any, within the site and the widths, locations, grades and street profiles of all streets or other public ways proposed by the applicant.
[11]
Typical cross sections of the proposed grading, roadways, sidewalks and unusual topographic conditions. The location and access points to the site shall be shown, as well as the distances to the nearest intersecting street.
[12]
The approximate boundaries of any area subject to flooding or stormwater overflows as shown on the Flood Hazard Boundary Maps for the Village of Woodbury or as determined by the project design engineer or the design surveyor or as documented by other studies performed by a qualified professional.
[13]
A list of all special improvement districts affecting the site and the boundaries of such districts within the site, if any.
[14]
The location of existing marshes, wooded areas, rock outcrops, wetlands, ponds, watercourses (seasonal or year-round), isolated trees with a diameter of 12 inches or more measured three feet above the base of the trunk and other significant existing features.
[15]
Contour lines at intervals of two feet, based on United States Geological Survey data, of existing grades and of proposed finished grades. A larger contour interval will be permitted on approval of the Village Engineer.
[16]
A metes-and-bounds description and map of the survey or site boundary, made and certified by a licensed land surveyor or a qualified licensed professional engineer, referenced to established Village reference points and related to the state system of plane coordinates established by Chapter 545 of the Laws of 1938.
[17]
The locations of uses and outlines of structures, drawn to scale, within 100 feet of any property line of the site.
[18]
Paved areas, sidewalks and vehicular access between the site and public streets.
[19]
The location of proposed buildings or structural improvements.
[20]
The location and design of all uses requiring structures, such as off-street parking and loading areas.
[21]
The location, direction, power and time of use for any proposed outdoor lighting or public-address systems.
[22]
The locations and plans for any outdoor signs.
[23]
Any proposed grading, screening and other landscaping, including types and locations of proposed trees. Where the property is located adjacent to a limited access highway, a buffer zone shall be shown on the site plan, the depth of which buffer zone and any appropriate tree plantings shall be at the discretion and approval of the Planning Board. The Planning Board may require that landscaping plans shall be prepared by a qualified licensed professional.
[24]
The source of water supply and the location of all proposed water lines, valves and hydrants and available fire protection.
[25]
Documentation of the quantity and quality of water based on samples taken by and tests submitted by a qualified laboratory under the review of the office of the Village Engineer as a condition of approval. Said condition shall be satisfied prior to map signing by the Chairman of the Planning Board.
[26]
Until a sanitary sewer system is available, the alternative means of treatment and disposal of sewage proposed, including the location and results of percolation and other tests to ascertain subsurface soil, rock and groundwater conditions and depth to groundwater. If a sanitary sewer system is available or proposed, the location of all proposed sewer lines and treatment plants and discharge points shall be shown.
[27]
The provisions for collecting and discharging storm drainage in the form of a drainage plan.
[28]
The location of temporary markers adequate to locate and appraise the basic layout in the field. Unless an existing street intersection is shown, the distance along the street from one corner of the site to the nearest existing street intersection shall be shown.
[29]
If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
[30]
A suitable vicinity map, drawn to a scale of not over 400 feet to the inch, showing the relation of the proposed site to the adjacent properties and to the general surrounding area.
[31]
Architectural drawings, illustrating building elevations and all exterior characteristics.
[32]
Any other information deemed necessary for the Board to determine conformity of the site plan to the intent and regulations of the Woodbury Zoning Law and Comprehensive Plan.
[33]
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 267 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 267. The approved site plan shall be consistent with the provisions of Chapter 267.
(2)
The ingress and egress from state, county and Village roads shall be subject to the approval of the Planning Board; and where, in the opinion of the Planning Board, such ingress and egress shall create or add to the congestion or safety factors of a given road, the Planning Board shall have the right to deny to the applicant the use of such ingress or egress and may require the applicant to provide alternative ingress or egress to the site.