PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE XIV, Site Plan Review [Amended 12-11-1978 by L.L. No. 5-1978; 3-7-1991 by L.L. No. 6-1991]

§ 190-136. Purpose.

This article is enacted under the authority of Article 7 of the New York State Village Law to protect the health, safety, convenience and general welfare of the inhabitants of the Village. Site plan review regulates the development of structures and sites in a manner which considers the following concerns and, where necessary, requires modification of development proposals to eliminate or minimize potential problems and nuisances. The principal areas of concern are:

  1. The balancing of landowners' rights to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g., noise, smoke, fumes, dust, odor, glare, stormwater runoff, etc.);
  2. The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas or roads;
  3. The adequacy of waste disposal methods and protection from pollution of surface or ground water; and
  4. The protection of historic and natural environmental features on the site under review and in adjacent areas.

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§ 190-137. Applicability.

  1. Projects requiring site plan review. No permit for the construction, exterior alteration, demolition (except as permitted by Chapter 70), relocation or change in use of any building or structure shall be given and no existing uses shall be established or expanded in floor area, except in conformity with a site plan approved by the Planning Board. [Amended 4-16-2001 by L.L. No. 2-2001]
  2. Exemptions from site plan review. Site plan review shall not be required for:
    1. Construction or alteration of any building or structure providing for not more than 200 square feet total floor area.
    2. Customary home occupations as defined in this chapter.
    3. Construction or alteration of a deck in the rear of house, pools, storage sheds and/or barns under 200 square feet and chimneys.

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§ 190-138. Procedures.

  1. An applicant for site plan review under this article shall file with the Planning Board Clerk not later than four weeks prior to its regularly scheduled meeting 18 copies each of the site plan documents (see Appendix A for requirementsEN). The Planning Board Clerk shall acknowledge receipt of these plans by endorsing them with his/her signature and the date of receipt. A copy of the site plan shall be given to the Village Clerk to be kept on file. [Amended 9-20-1999 by L.L. No. 1-1999]
  2. For developments also requiring special permits, the Board shall obtain with each submission a deposit sufficient to cover any expenses connected with the public hearing and review of the plans. The Planning Board is authorized to retain a registered professional engineer, architect or landscape architect or other professional consultant to advise the Board on any or all aspects of the site plan. The cost of this advice shall be borne by the applicant.
  3. Review by other agencies.
    1. After reviewing the application for completeness and determining that it is not incomplete, the Planning Board shall transmit to the Village Conservation Board, Monroe County Department of Health, Historical Commission and Building Inspector, Monroe County Planning Department, New York State Department of Transportation and other boards as deemed necessary one copy each of the site plan documents. The Boards have up to 21 days to submit recommendations, in writing, to the Planning Board concerning:
      1. The adequacy of the data and procedures used by the applicant to determine the impacts of the proposed development;
      2. The effects of the projected impacts of the proposed development; and
      3. The recommended conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development.
    2. Failure of an agency to report within the allotted time shall be interpreted as nonopposition to the submitted site plan.
  4. The Planning Board shall hold a public hearing within 62 days after determining that the application is complete. Notice of the public hearing shall be published in the official newspaper of the Village at least 10 days prior to the public hearing, and the applicant shall post a notice of public hearing on the premises being reviewed for site plan for 10 days prior to the hearing. The Planning Board shall render a decision on the application within 62 days from the time of hearing. The Planning Board's decision, rendered in writing, shall consist of either: [Amended 9-16-1996 by L.L. No. 6-1996; 9-20-1999 by L.L. No. 1-1999]
    1. Approval of the site plan based upon a determination that the proposed plan will constitute a suitable development and is in compliance with the standards set forth in this article;
    2. Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in this article; or
    3. Approval of the site plan subject to any conditions, modifications and restrictions as required by the Board which will ensure that the project meets the standards for review.

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§ 190-139. Submission requirements. [Amended 9-20-1999 by L.L. No. 1-1999, Amended 11-21-2011 by L.L. No. 7-2011]

  1. For an accessory structure 600 square feet or less in area, which is detached from the main use building, is not more than 18 feet in height and cannot contain more than two automobiles, the applicant shall submit the following:
    1. A survey map drawn to scale showing the following:
      1. The complete footprint of all structures on the lot at the time of application, with dimensions.
      2. The boundary lines and dimensions of the lot.
      3. The scale of the survey.
      4. The footprint of the proposed structure.
      5. The dimensions of the proposed structure.
      6. The distance the proposed structure is from the front, rear and side lot lines and the primary building.
    2. Elevations, drawn to a scale of 1/4 inch equals one foot, of the proposed structure for the front, side and rear exteriors, to include location and size of all windows, doors, trim and architectural details.
    3. The type of materials to be used for the proposed structure.
  2. For projects in an R1 or R2 District, the submission requirements are as follows:
    1. For any structure between 201-900 square feet, the applicant shall submit the following:
      1. A survey map drawn to scale showing the following:
        1. The scale of the survey.
        2. The property boundary lines, dimensions and area of the lot and indicating any Environmental Protection Overlay Districts (EPODs).
        3. Complete footprint of all existing structures with dimensions present on the lot at the time of application. Show setback dimensions from property boundary to structure(s), driveways and parking areas.
        4. The footprint of the proposed structure with dimensions and indicating the distance the proposed structure is from the front, rear and side lot lines and the primary building if proposed structure is an accessory building.
      2. Exterior building elevations (existing and proposed) drawn at a minimum 1/4 inch equals one foot scale, showing all sides exposed to view and showing the location and size of all windows, doors, trim, architectural details and indicating the type of all exterior materials to be used for the proposed structure. Renderings alone are not sufficient.
      3. Location, height, intensity and bulb type of all external lighting fixtures. Adherence to Village Lighting Ordinance (§. 190, Art. XVIII), must be shown, including methods to eliminate glare onto adjoining properties.
      4. If any portion of the parcel is within a flood plain overlay district:
        1. Label base flood elevation and floor elevations of all structures shown.
        2. Indicate areas within the proposed site and immediately adjacent property to the proposed site where ground removal or filling is required and indicate volume of soil removed or fill material in cubic yards.
      5. Indicate plans to prevent the pollution of surface or ground water and erosion of soil or both during and after construction. Provide storm water management report as required.
    2. For any structure with an area of 901 square feet or greater, the applicant shall submit the following additional information:
      1. Indicate all existing and proposed utility services including: electric, gas, telephone, cable, sewer, water, hydrants (show distance to existing hydrants), storm drainage systems including existing & proposed drain lines, culvert, catch basins, headwalls, end walls, manholes and drainage swales.
      2. A plan indicating all Environmental Protection Overlay Districts (EPODs) contained on the site and all proposed changes to the environment in those districts, including size and type of plant material, existing and proposed street trees.
      3. Copy of signed water connection agreement with DPW for all projects involving new water connections to the Village system.
  3. For projects in all other Districts, the submission requirements are as follows:
    1. For any structure between 201-2000 square feet, the applicant shall submit the following:
      1. A site plan shall be prepared by a registered professional engineer, architect or landscape architect at a scale of one inch equals 20 feet, on standard 24 inch by 36 inch sheets, with continuation on 8 1/2 inch by 11 inch sheets, as necessary, for narrative.
      2. A site plan shall include all data, details and supporting information as set forth below and in conformity with the Design Criteria and Construction Specifications of the Village of Honeoye Falls. The number of pages submitted will depend on the proposals size and complexity. All of the requirements must be met in each plan, with notations explaining the reasons for any omissions:
        1. The name of the project; boundaries and locus maps showing site's location in the Village; date; North arrow; and scale of the plan.
        2. The name and address of the owner of record and developer and the seal of the engineer, architect or landscape architect.
        3. The location and use of all existing and proposed buildings and structures within the development, including all dimensions of height and floor area, and showing all exterior entrances and all anticipated future additions and alterations.
        4. Indicate site area in acres or square feet, all lot lines, easements, rights of way, Environmental Protections Overlay Districts (EPODs) and abutting landowners, land usage, easements and references to prior variances or special use permits.
        5. The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, walls and fences. The location, type and screening details for all waste disposal containers shall also be shown.
      3. Parking layout plan and identification of all loading areas (number all spaces) to include:
        1. Identification of parking spaces and access for physically impaired persons.
        2. Parking demand calculations.
        3. Label existing and proposed spaces.
        4. Show traffic flow patterns within property.
        5. Show proposed and existing curb outs on the site and along the street within 100 feet of the property's boundaries.
        6. The Planning Board may require a detailed traffic study for large developments or for those in heavy traffic areas, to include
          1. The projected number of motor vehicle trips to or leaving the site, estimated for daily and peak hour traffic levels.
          2. The projected traffic flow pattern including vehicular movement at all major intersections likely to be affected by the proposed use of the site.
          3. The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels, as well as road capacity levels shall also be given.
      4. Identification of significant existing trees and natural features on the site, and all proposed changes with reference to the proposed development.
      5. The location, height, intensity and bulb type (e.g., fluorescent, sodium incandescent) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
      6. If any portion of the parcel is within a flood plain overlay district:
        1. Label base flood elevation and floor elevations of all structures shown.
        2. Indicate areas within the proposed site and immediately adjacent property to the proposed site where ground removal or filling is required and indicate volume of soil removed or fill material in cubic yards.
      7. Plans to prevent the pollution of surface or ground water, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table and flooding of other properties, as applicable.
      8. A landscape plan showing all Environmental Protection Overlay Districts in the site plan and all proposed changes to the environment in those districts, including size and type of plant material, and existing and proposed street trees and fences.
      9. Exterior building elevations (existing and proposed) drawn at a minimum 1/4 inch equals one foot scale, showing all sides exposed to view and showing the location and size of all windows, doors, trim, architectural details and indicating the type of all exterior materials to be used for the proposed structure. Renderings alone are not sufficient.
      10. The location, height, size, materials and design of all proposed signage.
      11. Identification of storage of any potentially hazardous materials.
      12. Estimate of increase in water consumption.
    2. For any structure with an area of 2001 square feet or greater, the applicant shall submit the following additional information:
      1. Existing soil characteristics on the site and the distribution of soil types with reference to the proposed site development.
      2. For new construction or alterations to any existing building, a table containing the following information:
        1. The area of the building to be used for a particular use, such as retail operation, office, storage, etc.;
        2. The maximum number of employees;
        3. The maximum seating capacity, where applicable; and
        4. The number of parking spaces existing and required for the intended use.
      3. Utility systems.
        1. The location of all present and proposed utility systems, including:
          1. Sewage or septic systems;
          2. Water supply systems;
          3. Telephone, cable and electrical systems; and
          4. Storm drainage systems, including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes and drainage swales.
        2. The Planning Board may also request soil logs, percolation tests and storm runoff calculations for large or environmentally-sensitive developments.
      4. Existing and proposed topography at a two-foot contour interval. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark.
      5. Identification of all federal, state, county and local permits/approvals required or provide statement on drawing that project as submitted meets all applicable codes and regulations having jurisdiction.

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§ 190-140. Standards for review.

The Planning Board shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed below. Detailed design guidelines and performance standards shall be adopted by the Planning Board to guide decisions with respect to these objectives and to help ensure consistency in the review of all applications.

  1. Legal. Conformance with the provisions of the laws of the Village, County of Monroe and all applicable rules and regulations of state and federal agencies.
  2. Traffic. Convenience, flow and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties, which shall not be adversely affected to any unreasonable degree.
  3. Parking. Provisions for the off-street loading and unloading of vehicles incidental to the normal operation of the establishment, adequate parking, adequate lighting and internal traffic control.
  4. Services. Reasonable demands placed on Village, town and county services and infrastructure.
  5. Pollution control. Adequacy of methods for sewage and refuse disposal and the protection from pollution of both surface and ground water. This includes minimizing soil erosion both during and after construction.
  6. Nuisances. Protection of abutting properties from any undue disturbance caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, odors, glare, stormwater runoff, etc.
  7. Existing vegetation. Minimizing the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be given to planting of replacement trees.
  8. Amenities. The applicant's efforts to integrate the proposed development into the existing landscape through design features such as vegetative buffers, roadside plantings and the retention of open space and agricultural land.
  9. Village character. [Amended 3-23-1993 by L.L. No. 2-1993]
    1. The following standards shall be considered:
      1. The building setbacks, area and location of parking, architectural comparability, signage and landscaping of the development and how these features harmonize with the surrounding Village and the natural landscape will be considered so that there is reasonable comparability in all respects with any structures or use in the neighborhood.
      2. The development of property shall conform to zoning restrictions established by the Village. It shall also conform to all regulations established herein, as well as with appropriate laws, rules and regulations established by all governing bodies having or claiming jurisdiction over various phases of the development.
      3. Where a conflict arises between these regulations and those of other agencies, the developer shall make known to the conflicting agencies the area of disagreement and endeavor to have such agencies resolve their differences before proceeding with development.
      4. All developments are subject to these design requirements. This section has been written to apply to subdivisions and site plan review, but to the extent the standards are applicable, they shall also be followed for other developments within the Village.
      5. New construction shall generally re-create Honeoye Falls' traditional Village fabric with varied but complementary structures that are harmonious with traditional Village architectural values. New streets shall reflect the pattern of existing Village streets. Parking lots shall be located behind new and existing structures and garages shall be placed back of the facades of new or existing buildings to the greatest possible extent. The general principles above shall also apply to major sites.
      6. Contemporary approaches and design ideas are encouraged, but shall also respect and reflect the traditional scale, proportions, rhythms, shapes and directional expression of traditional Village model structures.
      7. New construction shall be encouraged to be an integral part of the Village environment reflecting Honeoye Falls' traditional character, embodied in the variety and richness of its building types and the cohesiveness of its neighborhoods.
      8. New buildings should not be designed as freestanding objects, but instead shall generally conform to the existing traditional patterns of growth and maintain the unit of the Village.
      9. New buildings shall generally utilize exterior materials in keeping with the exteriors in the Village with a single natural material being encouraged.
      10. Infill structures. Infill structures shall:
        1. Blend in with the existing architectural fabric as seen from the street and reinforce the feeling of continuity rather than stand out individually. The general principles above shall also apply to infill structures.
        2. Generally relate closely to the height of adjacent buildings.
        3. Generally continue the street setback parameters established by adjacent buildings.
        4. Generally not introduce new roof shapes and pitches not found on traditional Village model survey buildings located on the same block; and will generally maintain the relationship of street facing gables to side facing gables that exists on the block.
        5. Respect the alteration of window area to wall area and the width-to-height ratio of windows and doors in the facades of surrounding traditional Village model survey buildings. Introducing incompatible facade patterns or proportions that upset the rhythm of openings of traditional structures in the immediate area shall be discouraged.
    2. The Planning Board may modify the specified requirements in any individual case where, in the Board's judgment, such modification is in the public interest or will avoid the imposition of unnecessary individual hardship.
  10. Neighborhood. There shall not be any unreasonable detriment to any structure or use, actual or permitted, in the neighborhood.
  11. Open space. There shall be reasonable provisions for open spaces, yards and recreational areas appropriate to the structure and use. [Amended 2-18-2002 by L.L. No. 1-2002]
    1. The Planning Board may require a site plan containing dwelling units to show a park or parks suitably located for playground or other recreational purposes.
    2. Land for park, playground or other recreational purposes may be required where the Planning Board deems that such reservations would be appropriate. The Planning Board shall determine the appropriateness of reserving lands for park, playground or other recreational purposes pursuant to the provisions of § 7-725-A, of the Village Law and any amendments thereto.
    3. Where the Planning Board requires land to be set aside for parks, playgrounds or other recreational purposes, the Board may require that the site be graded, loamed and seeded and may require it to be fenced.
    4. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any such site plan or is otherwise not practical, the Planning Board, pursuant to § 7-725-A, of the Village Law and as amended from time to time, shall require as a condition of approval of any such site plan a payment to the Village of a sum to be determined by the Village Board and set forth in a separate payment schedule, which sum shall constitute a trust fund to be used by the Village exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. Such amount shall be paid to the Village at the time of the issuance of a building permit. The payment required herein shall be applicable to site plans for residential purposes only. [Amended 3-21-2005 by L.L. No. 2-2005]

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§ 190-141. Performance guaranty.

The Planning Board may require the posting of a bond or other similar performance guaranty to ensure compliance with the plan and stated conditions of approval. It may suspend any permit or license when work is not performed as required.

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§ 190-142. Term of special permit.

Any special permit issued under this Article shall lapse within one year if a substantial use thereof has not commenced, except for good cause.

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§ 190-143. Amendment of procedure.

The Board of Trustees may periodically amend or add rules and regulations to the procedures and administration of this chapter after conducting a public hearing to receive comments on any proposed revisions.

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