Town of Athens, NY Site Plan Review and Special Use Permits

A presubmission conference shall be required for any site plan. The purpose of such conference is to clearly establish the extent and degree of documentation necessary for the Planning Board to consider an application to be complete, including the following:

To fully identify the physical and dimensional requirements of the proposed use.

To establish those elements of Subsection D below that shall be required for site development review.

Any presubmission conference shall be held during a workshop or regular meeting of the Planning Board and attended by the applicant, his/her professional representative, the Code Enforcement Officer and/or consultants retained by the Town.

The applicant shall provide five copies of the following information to the Planning Board for the presubmission conference:

A statement and rough sketch showing the locations and dimensions of the principal and accessory structures, parking areas, access signs, existing and proposed vegetation, anticipated changes in the existing topography and natural features and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.

An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, rights-of-way, easements and other pertinent features within 200 feet of the boundaries of the parcel.

A topographic or contour map of adequate scale and detail to show site topography. The Planning Board shall have the discretion to waive the provision of a topographical map in the event that the applicant shall show that the contour of the subject matter parcel(s) does not impact the project in any manner.

A sketch showing locations of natural features such as wetlands, streams or lakes.

Application requirements. Within six months following a Planning Board presubmission conference, the applicant shall prepare and submit five duplicate copies of a complete application for site plan review to the Code Enforcement Officer. If such application is not submitted within this six-month period, an additional presubmission conference may be arranged. Each of the following elements shall be included in any site plan submitted for approval under this section and shall bear the certification of a licensed engineer or architect:

The applicant's name and address and his/her interest in the subject property.

The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.

The street address and legal description of the property.

The zoning classification and present use of the subject property.

(5)

The particular provision of this chapter requiring site plan approval.

(6)

The proposed use or uses and a general description of the proposed development.

A disclosure of interest form if required pursuant to General Municipal Law § 809.

An agricultural data statement if required by the Agriculture and Markets Law.

(7)

A site plan drawn to scale of not less than 50 feet to the inch, on one or more sheets, illustrating the proposed development and use and including the following:

The boundary lines and dimensions of the subject property; existing subdivision lots; available utilities; and easements, roadways, rail lines and public rights-of-way crossing and within 500 feet of the subject property.

Any proposed regrading of the subject property and any significant natural, topographical or physical features of the property, including, at least, watercourses, vegetation, marshes, trees in excess of four inches in diameter and existing contours in excess of four feet in 100 feet, steep slopes.

The location, design, size, use and arrangement (including height in stories and feet, floor area ratio, total floor area, total square feet of ground area coverage, and number and size of dwelling units, by number of bedrooms) of proposed buildings and existing buildings which will remain, if any. Include elevation and facade treatment plans of all proposed structures.

Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure.

(e)

Location, dimensions and number of all vehicular and pedestrian circulation elements, including streets and roadways, driveways, entrances, exits, curbs, curb cuts, parking stalls, loading spaces and access aisles; sidewalks, walkways and pathways, including slope and gradient of vehicular elements; total lot coverage of all circulation elements, divided between vehicular and pedestrian ways; and loading spaces, as required. Approval of all necessary permits and curb cuts from state and county officials shall be required prior to site plan approval.

(f)

All existing and proposed surface and subsurface drainage facilities, including drains, culverts, retaining walls and fences, grading, and a soil erosion and sediment control plan if required by the Department of Environmental Conservation or by other local laws.

(g)

Description of method of sewage disposal and location of such facilities.

(h)

Details of the proposed water supply system.

(i)

Location, design and size of all signs.

(j)

Location and design of lighting facilities, including pole height, bulb type and wattage.

(k)

Location of outdoor storage, if any.

(l)

Location of proposed buffer areas.

(m)

Location and design of landscaping. All site plans shall include a separate landscape plan for those portions of the site not covered by buildings, structures, required off-street parking and loading spaces, sidewalks or similar improvements. The landscaping plan shall show those areas landscaped with trees, grass and plantings of such type, height and location as may be necessary to harmoniously blend the site with the character of the neighborhood and Town. All required landscaping shall be installed and maintained in good condition.

(n)

Location and description of critical wildlife habitats, if any.

(o)

Location and description of any scenic views identified in the Town of Athens Comprehensive Plan or subsequent viewshed studies.

(p)

Location of fire lanes and other emergency zones, including the location of fire hydrants, if any.

(q)

Location, design and construction materials of all energy generation and distribution systems.

(8)

Identification of any permits from other governmental bodies required for the project's execution and a record of applications and approval status of all necessary permits from federal, state, county and local agencies.

(9)

State Environmental Quality Review Act (SEQRA) Environmental Assessment Form.

(10)

If, in the opinion of the Planning Board, projects could have traffic, visual or stormwater impacts, the applicant shall submit, at his or her expense, traffic impact and drainage design reports, or visual impact assessments.

Exceptions.

For minor site development plans or minor modifications to approved site plans or in other appropriate circumstances as determined by the Planning Board, the Planning Board may waive the provision of any items of information listed in Subsection D of this section. The Planning Board must state, in writing, its grounds for electing to conduct a less intensive review and file such statement along with the site plan application and supporting documents. Waivers shall be explicitly requested by the applicant, in writing, and expressly granted by the Planning Board. Requirements of this chapter may not be waived except as properly voted by the Planning Board.

In the case of a use conversion which does not require additional construction or site modifications, or in the case of minor changes in existing conditions requiring a building permit, the Planning Board may determine that the site plan procedures outlined in this section are not applicable and may be waived. This determination shall be made by the Planning Board after receipt of a recommendation from the Code Enforcement Officer.

At the request of the Planning Board, any other pertinent information as may be necessary to determine and provide for the proper enforcement of specific provisions of this chapter shall also be provided.

Standards for site plan review.

The Planning Board's review of a site plan shall include, but is not limited to, the following:

The character of the Town, neighborhood and values of surrounding property are safeguarded.

The degree in which the proposal recognizes the assets and limitations of the physical features of the site and protects important environmental resources.

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls and consistency with the Town and Village of Athens Comprehensive Plan. The Planning Board may require use of coordinated access points between parcels or between parking lots to facilitate access and to decrease traffic congestion. Whenever possible, new roads shall be built as connective throughways extending from existing road networks.

The Planning Board may require site plan incorporation of pedestrian and bicycle facilities. Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrians from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.

(e)

Location, arrangement, appearance and sufficiency of off-street parking and loading.

(f)

Location, arrangement, size and design of building, lighting and signs and consistency with the rural character of Athens.

(g)

Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between these and adjoining lands. Natural vegetation, especially mature trees, is encouraged to remain on the property. A landscaped buffer shall be provided whenever a nonresidential use is proposed adjacent to a residential use to visually screen and to decrease noise and other impacts.

(h)

In the case of an apartment house or multiple dwelling, the adequacy of usable open space for playgrounds and informal recreation.

(i)

Adequacy of stormwater and sanitary water disposal facilities.

(j)

Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.

(k)

Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.

(l)

Protection of agricultural resources, including prime soils and soils of statewide significance.

(m)

Protection of critical wildlife habitats and preservation of a diversity of habitats to support wildlife, especially those habitats associated with streams.

(n)

Protection of stream-side vegetation and natural ecological systems.

(o)

Protection of historical and natural resources that may be present on the site. The proposed use shall be designed and shall be carried out in a manner that protects historic and natural environmental features on the site under review. In reviewing the plans, the Board shall give consideration to the historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area.

(p)

Size and scale. The location and size of such use, the nature and intensity of operations involved in or conducted in connection with the use, the size of the site in relation to the use, its site layout and its relation to existing and future access streets shall be consistent with the Town and Village of Athens Comprehensive Plan and its primary goals of protecting community character and the environment.

Reservation of parkland. Before the Planning Board may approve any site plan containing residential units, such site plan shall also show, when required by such Board, a park or parks suitably located for playground or other recreational purposes.

The Planning Board shall not require land for park, playground or other recreational purposes until it has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute.

In the event the Planning Board makes a finding pursuant to the preceding subsection that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof. In making such determination of suitability, the Board shall assess the size and suitability of lands shown in the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited by the Town to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.

Notwithstanding the foregoing provisions, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 276 of the Town Law, the Planning Board shall credit the applicant with any land set aside or money donated in lieu thereof under such subdivision approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.

Site plan review process.

Compliance with SEQRA. The Planning Board shall act in accordance with the State Environmental Quality Review Act ("SEQRA") regulations set forth at six NYCRR Part 617, as amended. An application for a site plan approval shall not be deemed complete for purposes of scheduling a public hearing until the Planning Board or another involved agency has completed its SEQRA environmental review.

Consultant review. The Planning Board shall be authorized to retain the services of a consultant, including but not limited to an engineer, planner and attorney, to assist in the review of the application. Reasonable and necessary costs incurred by the Planning Board for professional review of an application shall be charged to the applicant pursuant to Chapter 153 of the Athens Town Code. The Planning Board may also consult with an engineer or other officials as well as with representatives of federal and state agencies, including the Greene County Soil and Water Conservation District, the United States Army Corps of Engineers and the Department of Environmental Conservation.

Public hearing. The Planning Board shall hold a public hearing on any site plan review.

Such hearing shall take place within 62 days from the date that the Planning Board receives a complete application for site plan review.

The Planning Board shall mail notice of said hearing to the applicant at least 10 days before said hearing and shall give public notice of said hearing in a newspaper of general circulation in the Town at least five days prior to the date thereof. Such public hearing may include any SEQRA public hearing.

Other referrals. The Planning Board shall comply with the provisions of Article 12-B, §§ 239-1 and 239-m, of the General Municipal Law, as amended, and refer to the Greene County Planning Board all site plan applications that are within its jurisdiction at least 10 days prior to the public hearing. An application for a site plan review must also contain an agricultural data statement if any portion of the project is located on property within a New York State certified agricultural district or other property within 500 feet of a farm operation located in such agricultural district. The agricultural data statement shall contain the name and address of the applicant, a description of the proposed project and its location, the name and address of any owner of land within the agricultural district which contains farm property upon which the project is proposed, and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement. The Planning Board shall evaluate the impact of the proposal on existing agricultural operations. A written notice of such application, including a description of the proposed project and its location, shall be mailed to the owners of land as identified by the applicant in the statement.

Planning Board action on site plan.

The Planning Board shall make a decision on the application within 62 days after the close of the public hearing. In its decision the Planning Board may approve, approve with modifications or disapprove the site plan. The time period in which the Planning Board must render its decision can be extended by mutual consent of the applicant and the Planning Board.

Approval. Upon approval of the site plan, and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall file it and a written statement of approval with the Town Clerk within five business days after the decision is rendered. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.

Approval with modifications. The Planning Board may conditionally approve the final site plan. A copy of the written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met, and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall file it and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.

Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed with the Town Clerk and a copy thereof mailed to the applicant by certified mail, return receipt requested, along with the Planning Board's reasons for disapproval.

Performance bonds. The applicant may be required to post performance bonds pursuant to law in sufficient amounts and duration to assure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cable or other connecting facilities, sanitary sewers and storm drains or combined sewers shall all be installed in accordance with the standards, specifications and procedures acceptable to the appropriate Town departments.

Area variance. Where a proposed site plan contains one or more features which do not comply with this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to this chapter without the necessity of a decision of the Code Enforcement Officer. In reviewing such application, the Planning Board shall provide a written recommendation concerning the proposed variance to the Zoning Board of Appeals.

Such application shall be made part of the application for such site plan approval.

The fee for such application shall be in addition to that required for said site plan approval.

Revocation and expiration of site plan approval.

A site plan shall be void and the building permit, if any, shall be revoked if substantial construction is not started within one year and completed within two years of the site plan approval.

The Planning Board may, at its discretion, after conducting a public hearing, grant an extension to an approved site plan. The applicant shall submit a written request 30 days prior to the expiration of the site plan, explaining the reasons for and requesting an extension for a specified time. In granting the extension, the Planning Board may require revision of the previously approved site plan to comply with current regulations and conditions.

The Planning Board shall render a decision, in writing, to the applicant and the other appropriate agencies within 62 days of closing the public hearing; provided, however, that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

Amendment of approved site plan. An approved site plan may be amended at any time in the same manner and subject to the same standards and limitations as provided in this section for original site plan approval.

Inspection of improvements; certificate of occupancy. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Town Board after consultation with the Planning Board, Code Enforcement Officer, Town Attorney and other appropriate parties.

Appeals. Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a site plan approval application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 days after the filing of the Board's decision in the office of the Town Clerk.

General provisions. The special uses for which conformance to additional standards is required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. The Planning Board is authorized to review and decide all special use permits. In permitting a special use, the Planning Board may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which the Board considers necessary to protect the best interests of the surrounding property, the neighborhood or the Town as a whole.

Required plan. A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit, and such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of this chapter. Such application shall also include an environmental assessment form and all necessary documentation to comply with SEQRA. No application shall be deemed complete until a negative declaration or until a draft environmental impact statement has been accepted by the lead agency. The application shall be accompanied by any or all of the following information, as required by the Planning Board:

Agricultural data statement.

A disclosure of interest form, if required pursuant to General Municipal Law § 809.

Area map showing that portion of the applicant's property under consideration, the applicant's entire adjacent holdings and all properties, streets and easements within 500 feet of the applicant's property. Such map shall be prepared by a licensed engineer, architect, landscape architect or surveyor and certified by the seal and signature of such professional.

An area map showing existing watercourses, open water, areas subject to flooding and regulated wetlands.

(5)

A plan showing the location of all buildings, off-street loading and parking facilities, location and size of outdoor storage, location of all existing and proposed site improvements, description of method of sewage disposal and location of such facilities, location and size of all signs, location and treatment for all buffer areas, and location and design of lighting facilities.

Expiration. A special permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than 12 months for any reason.

Existing violations. No permit shall be issued for a special use for a property where there is an existing violation of this chapter.

Standards.

The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to it and the location of the site with respect to the existing or future streets giving access to it shall be such that it will be in harmony with the orderly development of the district, and the location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings, or impair the value thereof, and will be consistent with the Town and Village of Athens Comprehensive Plan and with the protection of the rural character and environment of the Town.

Operations in connection with any special use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would be the operations of any permitted use.

Additional conditions which are necessary to meet the criteria of § 180-55.

The Planning Board's review of an application for special use permit shall include, but is not limited to, the following considerations:

The general land use performance standards applicable to the proposed use.

Compatibility of the proposed use with adjoining properties, with the natural and built environment in the area, with the purposes of this chapter and with the purposes and requirements of the land use area and any applicable overlay districts.

Adequacy of parking for the proposed use. Shared parking is encouraged where the peak parking demands of different uses occur at various times of the day. Use of a widely accepted means of projecting demand for shared use, such as the Urban Land Institute's Shared Parking report, shall be employed to demonstrate shared parking effects.

Accessibility to fire, police and emergency vehicles.

(e)

Suitability of the property for the proposed use, considering its size, topography, vegetation, soils and hydrology and, if appropriate, its ability to be buffered or screened from neighboring properties and public roads. The Planning Board may impose setbacks greater than those contained in this chapter if they are necessary to meet the goals of this chapter.

(f)

Environmental, social and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare or any other nuisances. The proposed use shall be designed and shall be carried out in a manner that protects natural environmental features on the site under review and in adjacent areas.

(g)

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, drainage channelization structures and traffic controls. Consideration will also be given to the project's impact on the overall traffic circulation system of the neighborhood and the Town. All proposed traffic accessways shall be adequate but not excessive in number, adequate in width, grade and alignment and visibility, and sufficiently separated from street intersections and other places of public assembly, and shall meet other similar safety considerations. No undue traffic congestion or hazard will be created.

(h)

Adequacy and arrangement of pedestrian traffic access and circulation, including, but not solely limited to, separation of pedestrians from vehicular traffic, control of intersections and overall pedestrian convenience; where appropriate, consideration of access and facilities for bicycles.

(i)

Location, arrangement, size, design and general site compatibility of buildings, lighting and signs. As much as it is possible, consideration should be given to noise sources, privacy, prevailing wind directions and seasonal sun movements when locating structures, patios and open spaces on parcels, exhaust fans and outdoor waste disposal locations and to ensuring consistency and compatibility of new development with the rural and small town character of Athens.

(j)

Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the project and adjoining properties. Natural vegetation, especially mature trees, is encouraged to remain on the property. All parking and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Existing trees 12 inches or more in diameter at breast height (dbh) shall be preserved to the maximum extent practical.

(k)

In the case of an apartment house or multiple-dwelling complex, the adequacy of usable open space for playgrounds and informal recreation.

(l)

Adequacy of provisions for the disposal of stormwater and drainage, sanitary waste and sewage, providing water supply for both fire protection and general consumption, solid waste disposal and snow removal storage areas.

(m)

Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.

(n)

Retention of existing trees and vegetation for protection and control of soil erosion, drainage, natural beauty and unusual or valuable ecology.

(o)

Such use is suitably located in relation to transportation, water and sewerage requirements of this chapter, or where not specifically required, that such facilities are otherwise adequate to accommodate anticipated use.

(p)

The character of the Town, neighborhood and values of surrounding property are safeguarded.

(q)

Historic and natural resources. The proposed use shall be designed and shall be carried out in a manner that protects historic and natural environmental features on the site under review and in adjacent areas. In reviewing the plans, the Board shall give consideration to the historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area. In addition, the Planning Board shall review for and ensure compatibility of new structures with existing buildings on site and in the area.

(r)

Size and scale. The location and size of such use, the nature and intensity of operations involved in or conducted in connection with the use, the size of the site in relation to the use, its site layout and its relation to existing and future access streets shall be such that both pedestrian and vehicular traffic will not be hazardous or inconvenient to, or incongruous with, said residence district or conflict with the normal traffic of the neighborhood.

(s)

In or adjacent to a residence district. In addition to the above criteria, in the case of any use located in or directly adjacent to a residence district:

[1]

The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, the size of the site in relation to the use, its site layout and its relation to existing and future access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residence district or conflict with the normal traffic of the neighborhood.

Standards applicable to specific uses. See §§ 180-43 through 180-50 for standards required for specific uses.

Fees and costs. An application for a special use permit shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA).[1] If the Board requires professional review of the application by designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees and reasonable and necessary costs incurred by the Planning Board for professional review of an application shall be charged to the applicant pursuant to Chapter 153 of the Athens Town Code.

[1]

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

Procedures. Within 62 days of receipt of a complete application, the Planning Board shall hold a public hearing. Notice of the public hearing shall be published in the official newspaper at least 10 days prior to the date set for public hearing. In addition, not less than 10 days before the date of the hearing (not counting the date of the hearing), written notice of the public hearing shall be mailed to the owners of all property abutting the exterior boundaries of the land involved in the application, and to all other landowners having property located within 500 feet of the exterior boundaries of the land involved in the application, as the names of said owners appear on the last completed assessment roll of the Town. The notice shall include the name of the project, the location of the project site and the date, place, time and subject of the public hearing at which the site plan will be reviewed. If an application for special use permit approval contains an agricultural data statement, written notice of such application, including a description of the proposed project and its location, shall be mailed to the owners of land as identified by the applicant in the agricultural data statement.

Notice to County Planning Board. At least 10 days before such hearing, the Planning Board shall mail notices thereof to the County Planning Board as required by § 239-m of the General Municipal Law.