It is the intention of this article to ensure
the efficient use of land, consideration of potential impacts on the
environment and their avoidance, wherever possible, and the promotion
of high standards in the design, layout, landscaping and construction
of development, and to ensure development conforms to the provisions
of this chapter.
No development shall occur within the Town of
Lockport unless in accordance with the provisions of this article.
No building permit, variance, special use permit or certificate of
occupancy shall be issued until all the requirements of this article
have been satisfied and the site plan has been approved by the Planning
Board.
A.
A site plan shall be submitted and required for the
following:
(1)
Any development in any district that involves construction
or an addition requiring a building permit or the addition or improvement
of parking spaces, utilities/roads or stormwater management, a variance,
special use permit, certificate of occupancy, change in use, or occupancy
by a different entity.
(2)
Any use requiring a special use permit.
(3)
Residential development other than single- or two-family
uses.
(4)
Churches, schools, institutional uses and recreational
development where parking, landscaping or structures are invoked.
B.
Nothing herein shall require site plans for single-
or two-family residences or for minor alterations, as determined by
the Building Inspector, to existing buildings or structures located
in a Local Business (B-1), General Business (B-2) or Industrial (IN)
Use District.
[Amended 4-22-2015 by L.L. No. 5-2015]
[Amended 5-5-2010 by L.L. No. 2-2010]
Where a change in occupancy or use only, without
significant site alteration, is requested, the Planning Board may,
in its discretion, waive any requirement of this article upon a finding
that further review is not necessary to achieve the purposes of this
article.
The site plan must address and depict the following:
A.
Parking.
B.
Means of access.
C.
Screening.
D.
Signs.
E.
Landscaping.
F.
Architectural features, including building facades.
G.
Locations and dimensions of buildings.
H.
Adjacent land uses.
I.
Physical features meant to protect adjacent land uses.
J.
Density of the site.
K.
Traffic effects.
L.
Compatibility with natural features.
M.
Lighting.
N.
Noise.
O.
Open space and green space.
P.
Fire lanes and emergency access.
Q.
Pedestrian movement.
R.
Loading.
S.
Recreation space.
T.
Infrastructure capabilities and availability.
U.
Any other element in this chapter.
V.
Off-road access amongst properties.
W.
Aesthetics of the site.
X.
Drainage, grading, and soil storage and removal.
Y.
Dumpster trash collection.
Z.
Such other elements as affect the site and neighborhood
as the Planning Board may require.
A.
Presubmittal Meeting. Prospective applicants for site
plan review shall schedule a meeting with the Building Inspector and
the Town Engineer or Planner, and such other persons as the Building
Inspector shall designate for identification of critical development
issues and the appropriate information to accompany the application.
Appropriate review agencies and Town officials will be identified
for coordination, and the SEQRA responsibilities will be addressed.
B.
Sketch plan. All applicants for site plan review may
submit 12 copies of a sketch plan of the proposed development, an
application with supportive information and a SEQRA environmental
assessment form (Part I) to the Building Inspector for review by the
Planning Board. The submission will be reviewed for completeness and
be scheduled for Planning Board review by the Building Inspector,
if the submission is complete. Submittal of a sketch plan is optional,
and not required. The purpose is to review a proposed project for
general conformance to Town regulations prior to preparation of a
site plan, and to guide the applicant in site plan preparation. The
sketch plan review shall precede formal site plan review, and shall
not require any action by either the applicant or the Planning Board.
The Planning Board will review the overall design concepts, development
layout, infrastructure, natural features, neighborhood implications
and prospective environmental issues to guide the site plan development.
The Planning Board may make recommendations and indicate issues which
the applicant should address in the site plan, but no formal action
is required.
C.
Sketch plan requirements. The sketch plan shall include
the following minimum elements for consideration:
(1)
A boundary survey of the property certified by a licensed
surveyor or engineer, including overall dimensions, acreage, owner(s),
adjacent owners, rights-of-way and easements.
(2)
A location map of the property identifying the general
area and adjacent roads.
(3)
Identification of major landforms, streams, steep
slopes and natural features.
(4)
Approximate location of existing and proposed structures,
parking and loading spaces, site access and circulation, utility connections,
buffers for adjacent development, easements and other planned development
at a scale of one inch equals 200 feet or greater.
(5)
Anticipated changes to the site with respect to topography,
grading, flood hazard areas, drainage and stormwater management, vegetation
and landscaping, and physical features of the site.
(6)
The zoning of the site, and the zoning designation
of properties surrounding the site.
(7)
Any other information as may be required by the Building
Inspector or Town Engineer to clarify the proposed development and/or
aid the Planning Board in the evaluation of the application.
An applicant shall prepare a formal site plan
in accordance with this article and submit it to the Building Inspector.
The site plan shall be prepared by an architect, landscape architect,
engineer or surveyor licensed in New York State and certified with
their signature and seal. The Building Inspector shall determine the
completeness of the application for consideration by the Planning
Board based on the following minimal information:
A.
The location of the tract or parcel by means of an
inset map at a scale not less than one inch equals 2,000 feet indicating
the names of adjoining roads, streams, bodies of water, railroads,
subdivisions and landmarks sufficient to identity the location of
the property.
B.
A boundary survey of the property, plotted to scale,
including the acreage and legal description thereof and the location
of survey datum.
C.
A certificate signed by the surveyor or engineer setting
forth the source of title and the place of record of the last instrument
in the chain of title.
D.
Title of drawing, including the name and address of
the applicant, the developer and person(s) responsible for preparation
of the drawing.
E.
Existing structures, roads, easements, utility lines,
streams and drainageways, floodplain and wetland designations, natural
features and landforms.
F.
Existing topography at a maximum of two-foot intervals.
G.
Zoning and present use of the property and surrounding
properties; setback of existing development to the nearest property
line.
H.
A plan of the proposed site development at a scale
of one inch equals 50 feet or larger that includes the following elements:
(1)
North arrow, scale and date.
(2)
Proposed streets and easements.
(3)
Location, type and size of vehicle entrances, including
fire lanes.
(4)
All off-street parking, loading and stacking indicating
surfacing, size and angle of stalls, width of aisles and the schedule
of spaces to serve the proposed development.
(5)
Location and layout of proposed structures, including
number of floors, floor area, height, gross and net density, setback
and proposed use of each structure.
(6)
Proposed grading matched to existing contours and
supplemented by finished floor, building and spot elevations, where
appropriate.
(7)
Location, type and height of lighting, fencing, retaining
walls and screen planting, where required, and signage.
(8)
Drainage channels and their direction of flow and
stormwater management facilities.
(9)
Proposed utility connections and location, size and
grade of sewer and water lines.
(10)
Refuse collection and removal areas and their
screening from adjacent streets and properties.
I.
Water and sanitary sewer profiles identifying the
vertical and horizontal alignments, connection details to existing
facilities, invert and rim elevations, pump stations and force mains,
hydrants, valves, blowoffs, etc.
J.
Pavement profile and details, including a typical
cross section of parking and drive areas, vertical and horizontal
curves (where appropriate), entry and curb radii, handicapped parking
designation and handicapped ramps and curbs.
K.
Grading and drainage plan which incorporates stormwater
management for the proposed development, including location, type
and size of facilities and the identification of easements to accommodate
existing and proposed drainage and management facilities; calculations
of stormwater management and drainage prepared by a professional engineer
are required in accordance with the regional and state requirements.
Roadside ditches shall be covered unless the developer demonstrates
to the satisfaction of the Board that, for engineering, covering is
not feasible.
L.
General landscape plan and planting schedule.
M.
Summary of the proposed development, including uses,
acreage, descriptions of the utility plans, projected traffic impact
and circulation, site soils and zoning conditions that apply to the
development. Any separate permits (state or federal) required for
the development must be obtained prior to finalization of site plan
approval. Proposed easement or right-of-way dedications must be provided
on a separate plat map for recording.
N.
Cut and fill calculations indicating the quantities
(cubic yards and estimated truck loads) of materials to be either
removed from the site or trucked into the site. Transportation routes
for these trucks must also be identified.
A.
Staff evaluation. An application for site plan review
must be complete as specified in this article and submitted to the
Building Inspector at least 15 days prior to the Planning Board meeting
to provide adequate opportunity for review. The Building Inspector
is responsible for coordination of the review and may include the
Town Engineer, Attorney, Planning Consultant, Highway Superintendent,
NYSDEC and other officials and agencies in the review process, as
appropriate, to advise the Planning Board. The application must be
accompanied by the application form, application fees (as established
by the Town Board), plan as specified herein, supportive documentation,
SEQRA environmental assessment form (all pans) and any additional
information as may be requested by the Building Inspector or the Town
Engineer for consideration of the site plan. The evaluation shall
include compliance with the Zoning Law and this article, consistence
with Town maps and plans for development review, compatibility with
neighborhood development and conformance with general principles of
site planning and engineering.
B.
Public hearing. Following initial review by the Planning
Board and determination that the site plan is complete and ready for
consideration, a public hearing shall be scheduled before the Planning
Board. The public hearing shall be conducted within 62 days of the
receipt of a complete application and site plan, as determined by
the Building Inspector, and shall be advertised in the Town's official
newspaper at least five days prior to the hearing. Notices to the
applicant and any identified involved parties will be distributed
at least five days before the hearing. The public hearing may be waived
by the Planning Board at sketch plan review or at site plan review.
The hearing may be kept open by the Planning Board until all input
is final.
C.
Environmental review. Any application for site plan
review must be accompanied by a completed environmental assessment
form. A SEQRA public hearing, if required, shall be coordinated with
the site plan hearing and conducted simultaneously, where practical.
D.
Planning Board review. An applicant shall provide
10 copies, clearly legible, of the complete application to the Building
Inspector for review by the Planning Board. The Planning Board shall
review the site plan and make a determination based on the provisions
of this article within 62 days of the public hearing, unless extended
by the applicant. The determination shall be in the form of a written
record of approval, approval with conditions or disapproval of the
site plan and shall be filed with the Town Clerk.
The Planning Board may impose special conditions
or modifications limiting the use or occupancy of the proposed land
and development consistent with the intent and purposes of this chapter.
Any conditions so imposed shall become a part of the site plan approval
and must be satisfied prior to the issuance of any permits for development.
No building or other development permit shall be issued for property
that is subject to a site plan except in conformity with the approved
plan for that site. The Planning Board approval or denial and any
conditions thereto shall be guided by the following general standards
for site development:
A.
Conformance with this chapter, adopted Town development
plans, an approved development plan that includes the subject site,
if one exists, and all other applicable laws.
B.
Compatibility of the proposed development with the
natural features of the land and the environmental attributes of the
site.
C.
The general layout and design of buildings, lighting,
signage, open space and development features consistent with reasonable
planning principles.
D.
The location and design of vehicular entrances/exits,
including emergency access and fire lanes, in relation to the street
system, traffic circulation and control within the site, and coordination
of access points and circulation with adjoining properties.
E.
The provision and protection of pedestrian movement
on the site and coordination or pedestrian movement with adjoining
properties and the street system.
F.
The location and adequacy of parking, loading and
stacking areas, including the provision of opportunities for handicapped
parking.
G.
Provisions of landscaping, screening and buffers to
complement development and protect adjacent uses from unsightliness,
noise, glare and other nuisances. Such elements shall also be used
to promote the availability of green space in nonresidential development
and recreation space in residential development to avoid a continuous
paved or built environment.
H.
Adequate provision of drainage and stormwater management
facilities.
I.
Adequacy of sewer and water facilities, fire protection
and conformance with Town regulations for the provision and construction
of those services.
J.
The concurrence of Town agencies, the New York State
Department of Transportation, New York State Department of Environmental
Conservation, and other county or state agencies, as appropriate.
K.
Adequately addressing each element required to be
addressed in site plans pursuant to this chapter.
In furtherance of the purposes of this chapter
and to assure the public safety and general welfare, the Planning
Board shall require the following improvements:
A.
The designation of pedestrian walkways or sidewalks
for the safe and convenient movement of patrons from store to store
within the site and with adjoining sites.
B.
The dedication of rights-of-way and easements for
all facilities to be publicly maintained prior to the issuance of
any building permits or occupancy.
C.
The construction of all off-site curbs, gutters, sidewalks
and road widening or construction as shown in the Town of Lockport
Master Plan, and any amendments thereto.
D.
The construction of curbs, gutters and drives which
will permit vehicular travel on the site and their connection to and
from adjacent parking areas and properties.
E.
Screening, fencing, walls, berms and screen plantings
adequate to screen views in accordance with requirements of this chapter
for adjacent subdivisions, contrasting development of less intensity
and state highways of limited access. Designated plantings and landscaping
shall be in accordance with the approved schedule and annually maintained
by the property owner.
F.
Adequate sewer, water and stormwater drainage facilities
in accordance with Town regulations, including lines, connections,
retention facilities, valves, hydrants and other facilities.
G.
Any other improvement necessary to meet any condition
of approval.
Prior to the issuance of any building permit
or authorization for development of any portion of the site, the owner
and developer shall comply with the public improvement provisions
of the Town of Lockport Code, and may be required to post a bond,
cash deposit or letter of credit to guarantee compliance with site
plan requirements.
A.
No change, revision or modification to any approved
plan may be made without the authorization of the Planning Board,
except that any site plan may be formally revised in the same manner
and utilizing the same process as originally approved by the Planning
Board.
B.
Approval of a site plan authorized under this article
shall expire one year from the date of approval unless building permits
have been obtained for the proposed development. A single extension
of one year shall be granted by the Town of Lockport Building Inspector
upon a showing of substantial efforts toward developing the project
and good cause for the delay.
[Amended 6-22-2022 by L.L. No. 3-2022]
A.
Upon satisfactory completion of all required improvements
shown on the approved site plan, an "as built" plan shall be submitted
for the review and approval of the Building Inspector at least one
week prior to the occupancy of the building. Such plan shall include
the record of all progress and final inspections for the installation
of all on-site and off-site improvements as approved by the Building
Inspector or certified by a licensed engineer. The completion of "as
built" plans and the successful inspection reports shall be the basis
for release of any surety bond or portion thereof.
B.
A final occupancy permit may be issued for any appropriately
completed building, or portion thereof, located on a part of an approved
site plan, provided that:
(1)
"As built" plans have been submitted and approved
for the required improvements on the site plan that relate to and
provide services to the requested building for occupancy;
(2)
All inspections and conditions that are required for
the service and support of the building requested for occupancy have
been successfully completed and are certified for use by the proposed
use(s) being requested;
(3)
Any off-site and on-site improvements related to and
necessary to service the requested building for occupancy have been
completed and successfully inspected; and
(4)
Any remaining on-site construction will not adversely
affect the occupants or the intended use of the building requested
for occupancy.
