§ 10.1. General requirements.
In all cases where this ordinance requires approval of site development plans by the planning board, no building permit shall be issued by the building inspector except upon authorization of and in conformity with the plans approved by the planning board.
10.1.1. Jurisdiction and objectives. The planning board shall have jurisdiction to review and approve site plans and special permitted uses as set forth in the Code of Ordinances of the Village of Goshen. In considering and acting upon site development plans, the planning board shall take into account the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this ordinance and the accomplishment of the following objectives in particular:
10.1.1.1. Traffic access. That all proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
10.1.1.2. Circulation and parking. That adequate offstreet 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 offstreet parking lots.
10.1.1.3. Landscaping and screening. 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 in character with that generally prevailing in the neighborhood. Existing trees over eight inches in diameter measured four feet above the base of the trunk shall be retained to the maximum extent possible.
10.1.1.4. Reserved.
(L.L. No. 5-2001, § 5, 12-17-01)
10.1.1.5. Stormwater, erosion and sedimentation control.
(a)
All site plans shall demonstrate that the rate of stormwater runoff is limited so that no greater rate of runoff is permitted than that of the site in its natural condition. Where farm field or disturbed earth is the existing condition, meadow shall be used as the starting base for such calculations instead of the actual cultivated condition. All runoff calculations shall be based on 100-year, 24-hour storms. The method for such calculation shall be that contained in the United States Department of Agriculture, Soil Conservation Service's "Engineering Field Manual Notice #4" of April 30, 1971, or as amended. All stormwater retention or detention systems shall be approved by the village engineer.
(b)
All site plans shall protect streams and ponds from sedimentation damage. The applicant shall prepare a soil erosion and sediment control plan which shall be part of the site plan and shall be approved by the village engineer.
(c)
In cases where a site plan covers a property which is part of a larger parcel, the erosion and sediment control and retention and/or detention basins may be provided off the site plan of the proposed development and on adjacent property owned or controlled by the applicant. Within all districts the retention/detention areas must be shown on an overall site plan of the entire parcel prior to site plan approval.
10.1.1.6. Environmental consideration. All the projects shall be reviewed by the environmental review board pursuant to the requirements of the New York State Environmental Quality Review Act, NYCRR part 617.
10.1.2. Effect of site development plan approval.
10.1.2.1. No building permit shall be issued for any structure covered by this section until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the planning board and presented to the building inspector.
10.1.2.2. No certificate of occupancy shall be issued for any structure or use of land covered by this section unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan.
10.1.2.3. Should any site plan approval involve any of the areas specified in article XVII, section 17.6.1, then the matter shall be referred, prior to final action by the planning board, to the Orange County department of planning and development in accordance with General Municipal Law § 239-m.
10.1.3. Procedure.
10.1.3.1. Presubmission conference. Prior to the submission of a site development plan, the applicant shall meet in person with the planning board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements listed in section 10.1.4 shall be submitted to the planning board in order for the board to determine conformity with the provisions and intent of this ordinance.
10.1.3.2. Submission to building inspector. Within six months following the presubmission conference, the site development plan and any related information shall be submitted to the building inspector in triplicate at least 14 days prior to the planning board meeting at which approval is requested. If not submitted within this six-month period, another presubmission conference shall be required.
10.1.3.3. Action by building inspector. The building inspector shall certify on each site development plan or amendment whether or not the plan meets the requirements of all zoning ordinance provisions other than those of this section regarding site development plan approval.
10.1.3.4. Transmittal to planning board. The building inspector shall retain one copy and transmit two copies of the certified site development plan to the secretary of the planning board at least seven days prior to the planning board meeting at which the application is scheduled to be reviewed.
10.1.3.5. Action by planning board. The planning board shall act to approve or disapprove any such complete site development plan within 90 days after the meeting at which approval is requested. Failure to act within 90 days of the applicant's submission of a complete application complying with the provisions of this ordinance and SEQRA shall be deemed approval. Planning board disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this ordinance. In reviewing the application, the planning board may secure the advice or assistance of one or more expert consultants as qualified to advise as to whether a proposed use will conform to the requirements of this ordinance, including the applicable performance standards set out in article IX. Such consultant shall report within 30 days after receipt of such request whether or not the use applied for will be operated in conformance with the performance standards, and, if not, what modifications in design or operation would be necessary for conformance. A copy of the report of such consultants shall be furnished to the planning board, village clerk, building inspector, and applicant.
10.1.3.5.1 Public hearing. Should the planning board deem it advisable to do so, it may schedule any matter before it under this section for public hearing. In all cases where a hearing is to be held, public notice thereof shall be given by publication in the official newspaper at least five days prior to the date thereof. Nothing herein shall require the holding of a public hearing before action upon the proposal.
10.1.3.6. Amendments. Amendments to a site development plan shall be acted upon in the same manner as the approval of the original plan. There shall be no changes or modifications to an approved site plan without the approval of the planning board.
10.1.3.7. Review. The planning board may require that site plan approval be periodically reviewed.
10.1.3.8. Commencement of project; extension of time period. The project must be started within one year from date of site plan approval. An extension may be granted if the applicant proves to the satisfaction of the planning board that such extension is justified.
10.1.3.9. Declaration of completion date; extension of time period. A reasonable anticipated completion date of the project shall be declared by the applicant. Such completion date shall be a condition of approval of the site plan. Final approval will become null and void and job progress will cease if construction is not completed by this date. No extension will be granted unless the applicant can prove to the satisfaction of the planning board justification for the extension. Unless a project is more than 75 percent complete, the planning board may require as a condition of an extension compliance with any requirements that became effective after the date of initial approval. No more than two extensions of 12 months each shall be given under any circumstance.
(L.L. No. 5-2001, § 4, 12-17-01)
10.1.4. Site development plan elements. The applicant shall cause a site development plan map to be prepared by a New York State licensed civil engineer, surveyor, architect, or other competent person. Site development plan elements shall include those listed below which are appropriate to the proposed development or use as indicated by the planning board in presubmission conference:
10.1.4.1. Legal data.
(a)
Lot, block and section number of the property taken from the latest tax records.
(b)
Name and address of the owner of record.
(c)
Name and address of person, firm or organization preparing the map.
(d)
Date, north point and written and graphic scale.
(e)
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed 1 in 10,000.
(f)
The locations, names and existing widths of adjacent streets and curblines.
(g)
The locations and owners of all adjoining lands as shown on the latest tax record.
(h)
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
(i)
A complete outline of existing deed restrictions or covenants applying to the property.
(j)
Existing zoning.
10.1.4.2. Natural features.
(a)
Existing contours with intervals of two feet or less, referred to a datum satisfactory to the planning board.
(b)
Approximate boundaries of any areas subject to flooding or stormwater overflows.
(c)
Location of existing watercourses, wetlands, wooded areas, rock outcrops, isolated trees with a diameter of 12 inches or more, measured four feet above the base of the trunk, and other significant existing features.
10.1.4.3. Existing structures and utilities.
(a)
Location of uses and outlines of structures drawn to scale on and within 100 feet of the lot line.
(b)
Paved areas, sidewalks and vehicular access between the site and public streets.
(c)
Locations, dimensions, grades and flow direction of existing sewers, culverts, [and] water lines as well as other underground and aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences, landscaping and screening.
10.1.4.4. Proposed development.
(a)
The location of proposed buildings or structural improvements.
(b)
The location and design of all uses not requiring structures, such as offstreet parking and loading areas.
(c)
The location and plans for any outdoor signs.
(d)
The location, direction, power and time of use for any proposed outdoor lighting or public address systems.
(e)
The location and arrangement of proposed means of access and egress, including sidewalks, driveways, or other paved areas. Profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks, and location and size of water and sewer lines [may be required].
(f)
Any proposed grading, screening and other landscaping including types and locations of proposed street trees.
(g)
The location of all proposed water lines, valves and hydrants, and of all sewer lines or alternate means of water supply and sewage disposal and treatment.
(h)
Proposals for soil erosion and sedimentation control.
(i)
An outline of any proposed deed restrictions or covenants.
(j)
Any contemplated public improvements on or adjoining the property.
(k)
If the site development plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
10.1.4.5. Other data. Any other information deemed by the planning board necessary to determine conformity of the site plan with the intent and requirements of this ordinance.
10.1.5. Project restoration security. When a proposed project involves the disturbance of more than 10,000 square feet of area, the applicant shall post with the village as part of the final approvals a bond in form acceptable to the village attorney in an amount determined by the village board to guarantee return of the disturbed area to its prior condition in the event the project is abandoned prior to construction of the proposed improvements. Said bond shall be returned to the owner at such time as disturbed land area is stabilized with the required improvements or landscaping and access to any structure under construction is secured. Where the applicant can demonstrate to the village board that the disturbance will not have a detrimental effect if the project is abandoned, the village board may waive this requirement
(L.L. No. 1-1998, § 2.2, 3-9-98; L.L. No. 5-1999, § D, 12-13-99; L.L. No. 5-2001, § 4, 12-17-01)
Editor's note
L.L. No. 5-2001, § 4, adopted December 17, 2001, amended the Code by adding a new subsection 10.1.4. In order to avoid duplication of section numbers, the editor has redesignated the new subsection as 10.1.5.