Site plan review and approval is required for certain uses as
indicated on the use tables set forth at the end of this chapter,
for a change of use, or where site plan approval is required as part
of the criteria for a special use permit. In such cases, the site
plan approval must be obtained from the Planning Board prior to the
issuance of a building permit for construction.
A.
For a change in tenancy, site plan review shall be
applied as follows:
(1)
All changes of tenancy or occupation in a facility
located in a district or location in this section, other than in an
existing one-family or two-family dwelling or manufactured or mobile
home, shall be subject to site plan review and approval unless all
of the following conditions are met:
(a)
The proposed tenant falls into the same or lesser
class as the existing tenant for calculation of parking requirements
and is of the same or lesser intensity of use as the tenant being
replaced.
(b)
The new tenant does not require any site amenities
of a different quality or nature than that already approved on the
site.
(c)
The new tenant does not require any exterior
additions, deletions or site changes to the existing facilities on
the subject property.
(d)
The existing site received final site plan approval.
(e)
The existing use is a permitted use under the
provisions of this chapter.
(f)
The existing site is in compliance with any previous
site plan approval issued by the Town of Ballston Planning Board.
(g)
If there is solely a change in tenancy, an application
must be filed with the Building Department, together with a fee of
$50.
A.
A sketch plan conference shall be held between the
Planning Board and the applicant prior to the preparation and submission
of a formal site plan. No fee is required to schedule a sketch plan
conference but a written request for such a conference must be made
in writing to the Planning Board Chairman and delivered to the Building
Department at least three weeks prior to the next regularly scheduled
Planning Board meeting in order to get on the agenda for that meeting.
The intent of such a conference is to enable the applicant to inform
the Planning Board of the proposal prior to the preparation of a detailed
site plan, and for the Planning Board to review the basic site design
concept, advise the applicant as to potential problems and concerns
and to generally determine the information to be required on the site
plan. As such, an applicant is strongly encouraged to schedule and
attend the sketch plan conference. In order to accomplish these objectives,
the applicant should provide the Planning Board with as much information
or detail as is practicable. In this regard, the following is suggested:
(1)
A sketch or map of the area which shows the location
of the site with respect to nearby streets, rights-of-way, properties,
easements and other pertinent features; and
(2)
A sketch plan identifying the zoning district,
whether the parcel is within a certified New York State Agricultural
District, identifying adjacent land uses, and showing proposed site
improvements, including the locations and dimensions of proposed structures,
parking areas, water service, wastewater disposal, conceptual stormwater
management, anticipated changes in the existing topography and other
natural features; and
(3)
A topographic or contour map of adequate scale
and detail to show site topography and significant site features,
such as wetlands, surface waters, existing structures or improvements
on the site and any other information that may be pertinent to the
design and layout of the site.
B.
At the option of the applicant, more than one sketch
plan conference may be scheduled in order to have sufficient opportunity
to exchange ideas, provide recommendations, if any, and further develop
the proposal.
At the option of the applicant, a conceptual site plan may be
submitted for preliminary review and analysis by the Planning Board.
This conceptual review process is intended to afford the applicant
another opportunity to fine-tune the proposal prior to submission
of a formal site plan. It is an optional, voluntary process that may
be appropriate with certain applications, particularly those that
may involve a large-scale or complex development proposal. The purpose
of the concept plan is to provide the Planning Board with more detailed
information and a fuller understanding of the proposal so that a more
detailed recommendation can be provided by the Planning Board. It
is the goal of this review stage, that the applicant and the Planning
Board can reach a consensus on exactly what will be required with
the submission of a formal site plan application and what is acceptable
regarding the conceptual features of the proposal, thereby streamlining
the process for the formal site plan review.
A.
Submission for conceptual site plan review. An application
for conceptual site plan shall be made in writing to the Planning
Board Chairman and delivered to the Building Department at least three
weeks prior to the next regularly scheduled Planning Board meeting
in order to get on the agenda for that meeting. The application shall
include the following:
(1)
A narrative description of the proposed project,
addressing its scope of operation, purpose, justification and impact
on the immediate area of influence, on adjacent land uses, including
farm operations, and on the Town in general (traffic generation, population,
utilities aesthetics and land use compatibility) and including the
following:
(a)
Address of site (street and number).
(b)
Name of applicant.
(c)
Name of proposed tenant/business.
(d)
Site zoning.
(e)
Description of existing site and use.
(f)
Description of intended site development and
use.
(g)
Proposed gross floor area.
(h)
Building height and number of floors.
(i)
Number of guest rooms or dwelling units where
applicable.
(j)
Number of employees.
(k)
Hours and days of operation.
(l)
Proposed number of parking spaces.
(m)
Site coverage statistics (building coverage,
paved areas, green area, by percentage of site and square footage).
(n)
Impact on adjoining property: noise, visual,
drainage, farm operations, environmental resources, other.
(o)
Anticipated need for and impact on services (quantify
and discuss impacts): traffic, sewer, water, solid waste.
(p)
Storage and disposal method of chemicals used
(solvents, soaps, etc.).
(2)
A conceptual site plan should contain the following:
(a)
Title block with names of projects, applicant,
and map preparer; address of site; date of map; and work record with
revision dates.
(b)
Existing site conditions, including environmental
features such as but not limited to wetlands, steep slopes, floodplains,
stream buffer areas, or other natural resources, and proposed buildings
and other improvements (with building and setback dimensions).
(c)
Proposed utilities, including lateral locations,
sizes and connection points.
(d)
Proposed landscaping.
(e)
Proposed parking, circulation, storage, service,
display areas, solid waste containment/recycling areas; label minimum
parking setbacks from lot lines and buildings.
(f)
Number of parking spaces, including handicapped
spaces as required by NYS Uniform Fire Prevention and Building Code.
(g)
Analysis of parking requirement.
(h)
Access location(s).
(i)
Proposed drainage and grading plan.
(j)
Approximate limits of clearing and grading and
all areas proposed to have soil disturbance.
(k)
Existing/proposed easements.
(l)
Site coverage statistics (building coverage,
green area, and paved areas by percentage of site and square footage).
(m)
Building height and number of floors. If a square
footage bonus is proposed, the building footprint with and without
the bonus shall be shown.
(n)
Identification of zoning district, location within
a certified New York State Agricultural District, and adjacent land
uses.
(3)
Environmental assessment form (optional at this
stage).
(4)
Agricultural data statement (optional at this
stage).
B.
Review and conceptual determination. The applicant
shall attend the Planning Board meeting at which the concept plan
is to be discussed. With the consent of the applicant, more than one
meeting may be held on the conceptual site plan and public input may
be invited. The conceptual determination is not binding on the applicant
nor does it commit the Planning Board to a definite course of future
action on the proposal. In other words, the applicant is still entitled
to submit a formal site plan that may not be consistent with the accepted
conceptual plan and the Planning Board's final decision on the
formal site plan submission will be based on the content, record and
review of the formal site plan. However, the intent is that after
the conceptual plan stage of review, the proposal will be sufficiently
reviewed and discussed to afford the applicant with insight as to
how to proceed in the formal site plan review stage.
An application for site plan approval shall be made, in writing,
to the Chairman of the Planning Board and delivered to the Building
Department in accordance with the following requirements. It shall
be accompanied by information and documentation contained on the following
checklist and as determined from the sketch plan conference. Where
the sketch plan conference was held or the conceptual site plan review
process was initiated, the accompanying information shall be drawn
from the following checklist as determined necessary by the Planning
Board pursuant to such sketch plan conference or conceptual plan review.
A.
Site plan submissions checklist.
(1)
Title of drawing, including name and address
of the applicant and person responsible for preparation of such drawing.
(2)
North arrow, scale and date and location map.
(3)
Boundaries of the property plotted to scale.
(4)
Existing wetlands, floodplains, watercourses,
critical habitats, or critical environmental areas as may be present
or other pertinent natural features on the parcel.
(5)
Owners and use of adjacent lands within 200 feet
of the property.
(6)
Existing zoning and zoning district requirements,
and identification if within a certified New York State Agricultural
District. If within a certified New York State Agricultural District,
an agricultural data statement.
(7)
Site area in acres and square feet.
(8)
Existing utilities (location and size).
(9)
Location of all easements.
(10)
Site coverage statistics.
(11)
Proposed finished floor elevations.
(12)
Limits of grading and clearing.
(13)
Grading and drainage plan, showing existing
and proposed topography at minimum two-foot contour intervals, extending
50 feet from the site, and based on a NAVD 1929 benchmark (shown on
plans).
(14)
Location, proposed use, design (including an
elevation illustration), dimensions and height of all buildings, including
building setback dimensions to each lot line and building square footage
increases if a bonus is proposed.
(15)
Location, design and construction materials
of all parking and truck loading areas, number of parking spaces,
lighting and landscaping plan, and showing ingress and egress.
(16)
Provision for pedestrian access/parking for
handicapped.
(17)
Location and design of outdoor storage, if any.
(18)
Location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls, surface treatments and fences.
(19)
Description of the method of sewage disposal
and location, design and construction materials of such facilities.
(20)
Description of the method of stormwater collection
and location, design and construction materials of such facilities.
Such design shall meet all stormwater pollution prevention standards
as may be required by NYS Department of Environmental Conservation.
(21)
Description of the method of securing public
or private water and location, design and construction materials of
such facilities.
(22)
Location of fire and other emergency zones,
including the location of fire hydrants.
(23)
Location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy.
(24)
Location, size and design and construction materials
of all proposed signs.
(25)
Location and proposed development of all buffer
areas, including existing vegetative cover.
(26)
Location and design of outdoor lighting facilities.
(27)
Location of service and equipment, HVAC, refuse,
loading, recycling.
(28)
Designation of the amount of building area proposed
for retail sales or similar commercial activity.
(29)
General landscaping plan and planting schedule.
(30)
Other elements integral to the proposed development
as considered necessary by the Planning Board, including identification
of any state or county permits required for the project's execution.
(31)
Completed and signed application form.
(32)
Required application fee.
(33)
Environmental assessment form, with Part 1 completed
and signed by applicant.
(34)
Site photographs showing existing conditions.
B.
Additional submission requirements.
(1)
Stormwater. The submission requirements and standards set forth in Chapter 91, Stormwater Management and Erosion and Sediment Control, of the Town Code shall apply and be adhered to by the applicant. Note that the Town may require establishment of a stormwater district if post-construction stormwater management practices pursuant to Chapter 91 will be dedicated to the Town of Ballston. The stormwater management and stormwater pollution prevention plans shall be prepared in compliance with the Stormwater Design Manual of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) program and with the requirements of the Environmental Protection Agency's Phase II National Pollutant Discharge Elimination System (NPDES) regulations.
(2)
The applicant shall submit an existing conditions diagram showing relevant features, including, but not limited to, those identified in § 138-142. This diagram should also be used to identify the location and direction of the site photographs.
(3)
Traffic report and analysis. The Planning Board
shall require a traffic impact analysis if any proposed application
will generate 100 vehicles or more per day, or the Town Engineer determines
that such a study may be warranted based on local conditions in the
vicinity of the proposed development. The Planning Board shall identify
the study area to be included in the traffic impact analysis and such
traffic study shall include the following:
(a)
Internal traffic flow analysis.
(b)
Existing and projected average daily traffic
and peak hour levels.
(c)
Existing and projected intersection levels of
service (LOS).
(d)
Directional vehicular flows resulting from the
proposed project.
(e)
Proposed methods to mitigate the estimated traffic
impact.
(f)
Identification of any pedestrian crossing issues.
(g)
The methodology and sources used to derive existing
data and estimations.
(4)
Emergency access. Fire District review and approval
of access clearance for emergency vehicles.
(5)
Visual impact report. The Planning Board shall
require elevation drawings depicting the proposed design of structures.
The Planning Board may require a visual impact assessment be conducted
for any site plan review. The visual impact assessment shall be prepared
by a registered landscape architect or other qualified professional
and shall include:
(a)
A report that visually illustrates and evaluates
the relationship of proposed new structures or alterations to nearby
natural landscapes and to preexisting structures in terms of visual
character and intensity/scale of use (e.g., scale, materials, color,
door and window size and locations, setbacks, roof and cornice lines,
and other major design elements).
(b)
An analysis of the visual impacts on neighboring
properties from the proposed development and alterations, and of the
location and configuration of proposed structures, parking areas,
open space, and gradient changes.
(c)
The Planning Board may require use of photo-simulations
or balloon tests as part of the visual impact assessment.
C.
Waivers. At the request of the applicant, one or more
of the above submission requirements may be waived. The intent is
not to require information that is not relevant for the purpose of
making an informed decision or to become unduly burdensome on those
projects where the level of detail is not warranted. As such, the
Planning Board has flexibility in its discretion to determine what
shall be required as part of the application submissions. Any such
waiver request by the applicant shall be made, in writing, and shall
contain statements of the reasons why the waived information requirements
are not necessary for an informed review under the circumstances.
If the Planning Board finds that any of the information requirements
as set forth above are not necessary to conduct an informed review,
it may waive such information requirements as it deems appropriate.
The Planning Board's review of the site plan shall include,
as appropriate, but is not limited to, the design standards set forth
in this chapter as applicable to the zoning district where the site
is located and the specific use being proposed, as well as the following:
A.
General considerations:
(1)
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Location, arrangement, size, design and general
site compatibility of buildings, lighting and signs.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal
facilities.
(7)
Adequacy of protections to identified environmental
resources.
(8)
Adequacy, type and arrangement of trees, shrubs
and landscaping. The landscaping plan shall meet the following requirements:
(a)
General requirements.
[1]
All buffers, landscaping, and barriers shall
comply with the Clear Vision Zone requirements as defined below:
[a]
Where the driveway meets the road,
no barrier or hedge shall exceed 2 1/2 feet in height. The grade
shall not exceed 8% at this location.
[b]
On any corner lot, no obstructions
higher than 2 1/2 feet above the centerline of the street elevation
shall be permitted to be planted, placed, erected, or maintained within
the triangular area formed by the intersecting pavement lines, or
their projections, where corners are rounded, and a straight line
joining the pavement lines at points 50 feet distant from their point
of intersection.
[c]
The minimum clear vision zone distance
shall be 25 feet from the edge of the pavement at an intersection.
[2]
All buffers, landscaping, and barriers shall
be required by the Planning Board in accordance with the purpose,
visual nature, noise impacts, and security needs of the proposal.
[3]
Buffers, landscaping, or barriers shall be maintained
in perpetuity by the applicant. If the applicant fails to maintain
such property in reasonable order, the Town Board may cause such property
to be maintained.
[4]
In the event that existing site conditions are
substantially vegetated and provide a comparable or improved buffer
condition, the Planning Board may waive the requirement for the following
landscaping and buffering requirements or may incorporate such existing
conditions into a proposed landscaping and buffering plan.
(b)
Location:
[1]
Buffers, landscaping, and barriers shall be constructed
entirely within the boundaries of a lot. They may be placed within
the setbacks prescribed by the zoning.
[2]
All fences and walls shall be required to face
the finished side toward adjoining lots and/or the street.
[3]
See design standards for graphic depictions of
buffer styles and types in the Mixed Use Center Districts, Business
District, and Rural Highway Transition District.
(c)
Standards.
[1]
Where a lot is proposed to contain a use listed
in the use categories set forth below and abuts a lot containing an
existing or approved use, minimum landscaping and buffers shall be
provided for the proposed use as follows:
|
Intensity No. 1: Minimum Landscaping and Buffer Schedule
|
Value
| ||||
|
Buffer depth (minimum feet)
|
25
| ||||
|
Large deciduous trees (minimum number per 100 feet)
|
5
| ||||
|
Small flowering trees (minimum number per 100 feet)
|
4
| ||||
|
Shrubs (minimum number per 100 feet)
|
20
| ||||
|
Intensity No. 2: Minimum Landscaping and Buffer Schedule
|
Value
| ||||
|
Buffer depth (minimum feet)
|
50
| ||||
|
Wall or fence height (minimum feet)
|
6
| ||||
|
Large deciduous trees (minimum number per 100 feet)
|
5
| ||||
|
Small flowering trees (minimum number per 100 feet)
|
4
| ||||
|
Shrubs (minimum number per 100 feet)
|
20
| ||||
|
Use Category
|
Existing or Approved Agricultural Use
|
Existing or Approved Residential Use
|
Existing or Approved Business or Mixed Use
|
Existing or Approved Industrial Use
| |
|---|---|---|---|---|---|
|
Proposed agricultural use
|
No minimum
|
1
|
1
|
1
| |
|
Proposed residential use
|
2; also see § 138-21K
|
No minimum
|
1
|
2
| |
|
Proposed business or mixed use
|
2; also see § 138-21K
|
1
|
No minimum
|
1
| |
|
Proposed industrial use
|
2; also see § 138-21K
|
2
|
2
|
No minimum
| |
(9)
In the case of an apartment complex or other
multiple dwelling, the adequacy of usable open space for plan areas
and informal recreation.
(10)
Protection of adjacent or neighboring properties
against noise, glare, unsightliness or other objectionable features.
(11)
Adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
(12)
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(13)
Where required by specific design standards
or guidelines or where otherwise warranted, the appearance and design
of buildings and structures, including, but not limited to, architectural
features, building materials and colors.
(14)
Special attention to the potential impact
on adjacent farm operations.
(15)
Significant natural, ecological, cultural,
and historical features on the site are preserved as much as possible.
(16)
Development will be compatible with its
surroundings and in keeping with the character of the Town of Ballston,
and consistent with the adopted Town of Ballston Comprehensive Plan.
(17)
Adequacy of water supply and sewage disposal
facilities.
(18)
Compatibility with active nearby agricultural
activities.
B.
Consultant review. The Planning Board may consult with
the Town staff, Fire Commissioners, Highway Superintendent, other
local county officials and its designated private consultants and
engineers, in addition to representatives of federal and state agencies,
including, but not limited to, the Soil Conservation Service, the
State Department of Transportation and the State Department of Environmental
Conservation. If the Planning Board determines that the site plan
application requires the use of its own consultants (such as professional
engineer, planner or attorney), it shall require as part of the application
fee a deposit in an amount sufficient to reimburse the Town for reasonably
estimated costs of a consultant to be retained by the reviewing Board
in order to assist the Board in reviewing the application. Said amount
shall be based on the specific fee schedule of the particular consultant
or consultants retained as well as the scope of services to be provided
by such consultant(s). The Town shall hold such deposit in escrow
for the sole purpose of paying the costs and fees of the consultant(s)
retained for review of the application. The consultant retained shall
provide the Town with detailed invoices showing the services rendered
for the time period billed, and the Town shall provide the applicant
with an opportunity to review said invoices prior to payment. Additional
deposits may be required as the review process continues. All costs
related to the inspection and review of a site plan, including any
studies, reports, analysis, or other information that may be required
by the Planning Board, shall be borne by the applicant.
C.
Required referral. Prior to taking action on the site
plan and at least 10 days prior to the public hearing, the Planning
Board shall refer the plan to the County Planning Department for advisory
review and a report as applicable and in accordance with § 239-m
of the General Municipal Law. Upon receipt of application materials
it deems to be complete, the Planning Board shall refer to the Saratoga
County Planning Department any application for a site plan affecting
real property within 500 feet of the boundary of the Town of Ballston,
the boundary of any existing or proposed county or state park or other
recreational area, the boundary of any existing or proposed county
or state roadway, the boundary of any existing or proposed right-of-way
for a stream or drainage channel owned by the county for which the
county has established channel lines, the boundary of any existing
or proposed county- or state-owned land on which a public building
or institution is situated, or the boundary of a farm operation within
an agricultural district as defined in Article 25-AA of the Agriculture
and Markets Law, pursuant to General Municipal Law, Article 12-B,
§§ 239-1 and 239-m, as amended.
(1)
No action shall be taken on applications referred
to the County Planning Department until its recommendation has been
received, or 30 days have elapsed after its receipt of the complete
application, unless the county and Town agree to an extension beyond
the thirty-day requirement for the County Planning Department's
review.
(2)
County disapproval. A majority-plus-one vote
of the Planning Board shall be required to grant any special use permit
which receives a recommendation of disapproval from the County Planning
Department because of the referral process specified above, along
with a resolution setting forth the reasons for such contrary action.
(3)
In the case of a project proposal which also
requires a special use permit, every effort shall be made by the Planning
Board to avoid duplication of the County referral process. However,
such determination shall be made by the Planning Board in cooperation
with the Saratoga County Planning Department, since the site plan
application may contain issues not addressed in the special use permit
process.
D.
Compliance with SEQRA. The Planning Board shall comply
with the provisions of the State Environmental Quality Review Act
(SEQRA) under Article 8 of the Environmental Conservation Law and
its implementing regulations and shall not make a binding decision
on the site plan until the SEQRA process has been completed. Upon
receipt of application materials it deems complete, the Planning Board
shall initiate the SEQRA process unless the process has been already
commenced pursuant to another approval process for the same project.
No time periods for decision-making in this chapter shall begin to
run until either acceptance of a DEIS as satisfactory pursuant to
New York State Department of Environmental Conservation Regulations
or the issuance of a negative declaration.
E.
Agriculture data statement. An agriculture data statement
is required where the proposed use is located in, or within 500 feet
of, the boundaries of a certified New York State Agricultural District.
If an agricultural data statement has been submitted, the Secretary
of the Planning Board shall, upon receipt of the application, mail
written notice of the site plan application to the owners of land
as identified by the applicant in the agricultural data statement.
Such notice shall include a description of the proposed project and
its location. The cost of mailing the notice shall be borne by the
applicant. The Planning Board shall evaluate the impact of the proposal
on existing agricultural operations in that district. The Planning
Board may request an advisory opinion from the Saratoga County Farmland
Protection Board, Saratoga County Soil and Water District, New York
State Department of Agriculture and Markets, the Town of Ballston
Farmland Protection Plan Committee or other suitable agencies as needed
with any costs borne by the applicant.
F.
Application for area variance. Where a proposed site plan contains one or more features that do not comply with the dimensional zoning regulations of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article XXVIII without a decision or determination by the Building Inspector.
G.
Whenever the circumstances of a proposed development
or application require compliance with this site plan review section
and with another local law, ordinance or requirement of the Town such
as, but not limited to, special use permits and subdivision, the Planning
Board shall integrate, to the extent reasonably practicable, site
plan review with the procedural and submission requirements for such
other compliance so as not to delay review and decision-making.
H.
The site plan application and associated maps shall
include all proposed phases of development. Site plan approval shall
be based on the total planned project in order to facilitate the assessment
of all potential development impacts. The Planning Board shall consider
applications incomplete where there is reason to believe the application
applies to only a segment of the total development. In such situations,
the Planning Board shall return such application to the applicant
together with a letter stating the basis for its determination.
A.
Determination that application is complete. The site plan application, together with all of the required submissions outlined in the § 138-143 above, shall be submitted to the Building Department at least three weeks prior to the next regularly scheduled Planning Board meeting in order to get on the agenda for that meeting. At the first meeting upon which the application is on the agenda, the Planning Board shall review the application, including the site plan and the supporting documents and information, for purposes of determining whether the application is complete for purposes of commencing review. The Planning Board shall make this determination within 45 days from the first meeting date where the application is on the meeting agenda. If the application is not complete, the Planning Board shall specify to the applicant what omissions or deficiencies there are in the application submissions. The applicant will then have to submit the missing documentation or information until the Planning Board determines that the application is complete.
B.
Time frames for any Planning Board action related to
the site plan review process may be extended by mutual consent of
the applicant and the Planning Board. The time period in which the
Planning Board must render its decision on the site plan may be extended
by mutual consent of the applicant and the Planning Board. Failure
of the Planning Board to act within the time period specified or agreed
upon between the applicant and Board shall not constitute Planning
Board approval of the site plan as submitted or last amended, and
shall not be deemed automatic approval.
C.
Public hearing: The Planning Board shall conduct a
public hearing on the site plan. Such hearing shall be held within
62 days of the Planning Board's acceptance of the site plan application
as complete and shall be advertised in the Town's official newspaper
at least five days before the hearing. The Planning Board shall give
the applicant at least 10 days' notice by mail of the public hearing.
The Planning Board shall send or cause to be sent notice of the public
hearing to abutting property owners and those agricultural operators
identified on the agriculture data statement by regular mail, at least
seven days prior to the public hearing.
D.
Decision. Within 62 days of the close of the public
hearing, the Planning Board shall render a decision on the site plan.
The Planning Board's action shall be in the form of a written
statement to the applicant stating whether the site plan is approved,
disapproved or approved with modifications. The Planning Board's
statement may include modifications to be incorporated in the final
site plan. Conformance with such modifications shall be considered
a condition of approval. If the site plan is disapproved, the Planning
Board's statement will contain the reasons for such findings.
In such a case, the Planning Board may recommend further study of
the site plan and resubmission to the Planning Board after it has
been revised or redesigned.
(1)
Approval. Upon approval of the site plan and
payment by the applicant of all fees and reimbursable costs due to
the Town, the Planning Board shall endorse its approval on a copy
of the site plan and shall, within five business days of its decision,
file with the site plan 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.
(2)
Approval with modifications. The Planning Board
may approve the site plan and require that specific modifications
or conditions be made. A copy of a written statement of approval containing
the modifications required by the Planning Board shall be mailed to
the applicant by certified mail, return receipt requested. The applicant
shall submit a modified final site plan in reproducible form. Upon
approval and after payment by the applicant of all applicable fees
and reimbursable costs due the Town, the Planning Board shall endorse
its approval on a copy of the site plan and shall, within five business
days, file the site plan and a written statement of approval with
the Town Clerk.
(3)
Disapproval. The Planning Board shall make a
written statement if disapproval is the decision. Upon disapproval
of the site plan, the Planning Board shall, within five business days,
file the statement with the Town Clerk and mail a copy thereof to
the applicant by certified mail, along with a letter stating the Planning
Board's reasons for disapproval.
E.
Content of decision. The Planning Board has the authority
to approve the site plan, approve the site plan with modifications,
or disapprove the site plan. The Planning Board also has authority
to impose such reasonable conditions and restrictions on the site
plan approval as are related to and incidental to the site plan. The
Planning Board shall make its decision, in writing, and shall file
said decision with the Town Clerk, and mail or hand deliver such decision
to the applicant within seven days of the date that the decision is
rendered with a copy to the Building Department. The Planning Board's
decision may include specifications for the required modifications
to be incorporated in the final site plan, and conformance with said
modifications shall be considered a condition of approval. If the
site plan is disapproved, the Planning Board's statement will
contain the reasons for such findings.
F.
Procedures after decision.
(1)
If the site plan is approved without modifications,
the approved site plan with any conditions will be the final site
plan and will be endorsed accordingly. If conditions are attached
to the approval, the site plan will be endorsed as conditionally approved.
All conditions must be complied with before occupancy or commencement
of the use is allowed.
(2)
If the site plan is approved with modifications,
the applicant must submit a final site plan that incorporates said
modifications for the Planning Board review and approval. The Planning
Board shall act on the final site plan within 62 days after the final
site plan is presented to the Planning Board at its regularly scheduled
meeting. If the Planning Board's decision was complied with and
the modifications are incorporated in the final site plan, the site
plan shall be approved as final and endorsed accordingly. Such modifications
or conditions that may require the submission and review of a final
site plan include, but are not limited to, the following:
(3)
If the site plan was disapproved, the Planning
Board may recommend further study of the site plan and resubmission
to the Planning Board after it has been revised or redesigned. The
full review process is to recommence.
(4)
Upon approval of the site plan, the Building
Department has the authority to issue a building permit and/or certificate
of occupancy or compliance upon completion of the development of the
site in strict accordance with the approved site plan and any conditions
attached thereto.
(5)
If, after two years from the date when site plan
review was concluded and approval of the proposed construction, alteration
or change of use was given by the Planning Board, there have not been
substantial steps taken to construct, alter or change the use of the
property or building subject to site plan review, then the Planning
Board shall consider whether to rescind its approval and request that
the proposed construction, alteration or change in use be resubmitted
to the Planning Board for further site plan.
The applicant shall provide, at the applicant's expense,
all data requested by the Planning Board. Such data may include, but
is not limited to, surveys, detailed soil topography maps, soil composition
testing, water percolation testing, drainage information, data regarding
the impact of the construction on the surrounding environment and
other issues of consideration as set forth in the Town of Ballston
Site Plan Review Manual. The Planning Board may request that such
engineering data be provided only by a licensed engineer. Failure
to provide such data will result in termination of the site plan review
process.
No certificate of occupancy shall be issued until all improvements
shown on the site plan are installed or a sufficient performance guaranty
has been posted for improvements not yet completed. Such performance
guarantee shall be posted in accordance with the requirements and
procedures specified in §§ 274-a(7) and 277, Subdivision
9, of the New York State Town Law. The sufficiency of such performance
guaranty shall be determined by the Planning Board after consultation
with the Building Inspector or other competent persons.
The Building Department shall be responsible for the overall
inspection of site improvements, including coordination with other
officials and agencies, as appropriate. A professional engineer may
be designated by the Town Board to assist the Building Department
in performing inspections while construction is on-going. If the site
is not being developed in strict compliance with the approved site
plan and any conditions attached thereto, the Building Inspector shall
issue a stop-work order and demand compliance with the approved site
plan and any conditions attached thereto. An approved site plan may
not be modified except by the Planning Board upon application for
such modification from the applicant. Cost of inspections and consultation
shall be borne by the applicant. Funds will be deposited in escrow
before issuance of a building permit.
Whenever the particular circumstances of a proposed development require compliance with either the special use procedure in this chapter or the requirements of Chapter 104, Subdivision of Land, of the Code of the Town of Ballston, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.
Costs incurred by the Planning Board for consultation fees or
other extraordinary expenses in connection with the review of a proposed
site plan shall be charged to the applicant.
