A.
Requirement. For any site subject to the requirements
of this chapter, the owner or duly authorized representative shall
obtain site plan approval prior to applying for any building permit.
B.
Waiver. To the event permitted by law or ordinance,
the Board may waive its review jurisdiction whenever, in its judgment,
such waiver would not be in conflict with the purposes and policies
set forth herein.
C.
Special cases; informal discussion with the Board.
Any person may request an informal meeting with the Board by written
request, which shall contain a statement that no submission for approval
is being made. In such case, the time limitations contained herein
shall not apply. The Board may deny such request.
D.
Requirements of New York State Environmental Quality
Review Act.[1] Prior to formal application to the Planning Board, the
applicant shall submit to the Department of Engineering and Facilities
Management, acting as technical staff to the Planning Board, the information
required to meet the requirements of the New York State Environmental
Quality Review Act (SEQR). Notwithstanding the time limits set forth
herein, final site plan approval shall not be granted until the SEQR
process has been completed. The Planning Board shall hold a joint
public hearing on the site plan and under the provisions of SEQR,
whenever practicable. In the event that a final SEQR determination
has not been made, final site plan approval shall not be granted.
[Amended 12-13-2018 by L.L. No. 9-2018]
[1]
Editor's Note: See § 8-0101 et seq,
of the Environmental Conservation Law.
E.
Site plan approval summary. Upon completion of or
concurrent with the SEQR process, the applicant shall submit a formal
application with all required maps to the Planning Department for
review by the Board, in two stages, preliminary and final, which may
be combined by the Board when deemed appropriate. Prior to formal
acceptance of the application, the staff to the Board shall determine
if the application, including all maps, is complete and in compliance
with all applicable provisions of law. Where appropriate, the Planning
Board may begin processing an application for site plan approval prior
to completion of the SEQR process if such processing will allow for
concurrent review.
A.
Applications.
(1)
A land development review application form, obtained from the Board office, shall be duly completed and delivered with appropriate maps and other attachments (Subsection G).
(2)
The formal application date is the date of receipt of the completed application, generally after completion of SEQR, with the series of documents required for preliminary review as herein provided, as required in Subsection C.
(3)
The application fees shall be based on the following
criteria. The number of site units shall be calculated by each of
the following methods, and the greatest resulting figure shall be
used to compute the application fee:
(a)
For a nonresidential site unit: each 2,000 square
feet, or part, of ground coverage as measured by the outer perimeter
of the building, including that portion of the building over covered
parking.
(b)
For a residential site unit; each dwelling unit.
(c)
An open land site unit, as for a park, recreation,
etc., facility; each acre or part thereof.
B.
Provision for surrounding owner notification.
(1)
The applicant shall supply an affidavit listing names
and addresses of all owners of property abutting or across a public
or private right of way from the property under review. The list of
owners shall be obtained from the current assessment roll of the Town
of Clarkstown.
C.
Required exhibits for preliminary approval submission. Exhibits shall be prepared in accordance with Subsection G and shall be signed and sealed by a licensed professional engineer or land surveyor holding an exemption pursuant to New York State Education Law § 7208n, registered in the State of New York.
D.
Policy on details required. The absence of specific
items of information shall not be cause to withhold reports or reviews
unless such missing items are essential for an adequate examination
and cannot easily be secured from files, by field visit or by other
reasonable means.
E.
Waiver of requirement. In making their reports, the
town consultants may recommend waiving any requirements not strictly
needed for adequate review.
F.
Additional data may be required by the Board or the
town consultants whenever essential for proper review in relation
to the health, safety and welfare of the community. In the event of
disagreement regarding additional data requested by town consultants,
the Board's determination shall control.
G.
List of required exhibits.
(1)
Summary of application. The applicant shall submit
a brief written summary describing the application, including pertinent
background facts, previous submissions to the Board or other involved
town agencies, further anticipated actions and any other pertinent
information necessary for the Board to be aware of the basic facts
and circumstances of the application.
(2)
The applicant shall submit a location map, at a scale
of one inch equals one thousand (1.000) feet, to show the position
of the site clearly in relation to roads, public buildings, hospitals
and public service facilities up to approximately 5,000 feet away,
with the following information:
(a)
Title, scale and North arrow, with the site
shown shaded or hatched in.
(b)
Streets and names (specify if county or state).
(c)
Major public facilities such as schools and
parks.
(d)
Streams and water bodies, identified with the
official number obtained from the Department of Engineering and Facilities
Management.
[Amended 12-13-2018 by L.L. No. 9-2018]
(3)
The applicant shall submit a vicinity map, at a scale
of one inch equals 200 feet, to show the relation of general layout
to surrounding area and facilities, in particular, any contiguous
land in the same ownership up to the distance determined as a adequate
by the Department of Engineering and Facilities Management or Planning
Department to gauge the broad impact of the development upon the community,
with the following information:
[Amended 12-13-2018 by L.L. No. 9-2018]
(a)
Title, North arrow, scale, outlines of the site
and tax block and lot numbers.
(b)
Street pattern, with names and classifications
as on the Town or County Official Map when other than a standard fifty-foot
right-of-way.
(c)
Lot pattern as on current Tax Maps (state the
revision date), tax lot numbers, names of owners, the use of each
property, buildings, driveways and parking areas.
(d)
A superimposition of the proposed general layout,
including buildings, driveways, etc.
(e)
Existing drainage and sewer facilities affecting
or affected by the subject site, unsized.
(4)
Preliminary site plan map.
(a)
The applicant shall submit a preliminary site
plan map at a scale of one inch equals 20 feet or smaller if approved
by the Department of Engineering and Facilities Management as sufficient
to illustrate field conditions and proposed development, with the
following information:
[Amended 12-13-2018 by L.L. No. 9-2018]
[1]
Title and tax block and lot number.
[2]
The name and signature of the applicant(s) responsible
for compliance with all requirements.
[3]
The name and signature of the licensed professional
responsible for map preparation.
[4]
A North arrow and scale.
[5]
Spaces for dates of original preparation and
all revisions.
[6]
A statement of intended use of the site.
[7]
Sheets numbered in sequence when more than one
sheet is used.
[8]
Boundaries of the site to be developed, based
on a current survey certified as accurate by a licensed land surveyor.
"Current" shall mean within the past three years, unless a longer
period is allowed by the Department of Engineering and Facilities
Management.
[9]
Existing contour lines at two-foot intervals
based on actual field topography or United States Geological Survey
data, unless waived by the Department of Engineering and Facilities
Management.
[10]
Proposed contours at two-foot intervals to United
States Geological Survey data.
[11]
Existing public, mapped, private and undedicated
streets (so indicated), showing the center line of the right-of-way
for streets shown on the Official Map.
[12]
Designated street lines at the width shown on
the Official Map, with a notation providing for gratuitous dedication
or offer of dedication for the widening of the same to the appropriate
agency (town, county or state).
[13]
The location of any feature shown on the Town
or County Official Map that may be capable of restricting development.
[14]
Lot lines as shown on the latest Official Tax
Maps of the town.
[15]
Adjacent properties, with Tax Map numbers and
names of owners of record as shown on the current tax rolls obtained
from the Tax Assessor not longer than 30 days prior to submission.
[16]
Watercourses and ponds, and with any proposed
changes, rock areas or wooded areas.
[17]
Single trees of over eight-inch diameter at
four feet above ground level.
[18]
Utility poles, fire hydrants, walls and any
other permanent man-made land features.
[19]
Zoning, school, sewer, fire and other district
boundary lines.
[20]
Bulk and lot regulations and floor-area ratio,
required and proposed.
[21]
The dimensions and height of the building, in
feet, and the number of stories proposed.
[22]
Ownership and physical features of adjoining
properties, when and to the extent necessary to complete technical
reviews.
[23]
Existing land uses on the site and authority
for the same (i.e., special permit, variance, conforming or nonconforming).
[24]
Proposed land uses, including open space, recreation
or conservation areas of easements.
[25]
Existing structures, accesses, driveways, parking
lots and other facilities, indicating those to remain.
[26]
The location and uses of proposed structures.
[27]
Proposed means of ingress and egress between
the site, adjoining properties and related town, county, state and
private roads.
[28]
Proposed on-site circulation, the location and
width of proposed streets, driveways, parking and loading areas.
[29]
The proposed location and uses of any associated
facilities, including freestanding signs, walls, fences, trash dumpsters
and lights.
[30]
Outlines, in plan and elevation, of all proposed
structures, including doorways and outdoor signs and information relating
to color and lighting.
[31]
A preliminary stormwater drainage plan, tentative
locations of pipes, ditches or streams, unsized, and proposed silt-retention
and stormwater detention areas, where applicable.
[32]
Existing easements of record (access, drainage,
sewer, power, etc.) affecting development of the site.
[33]
The proposed permanent easement needed for proper
development and servicing of the property, with explanation where
appropriate, at a width of at least 15 feet.
[34]
Structures to be removed.
[35]
The location of proposed underground utilities.
All applications for building permits require that electrical service
shall be installed in a conduit underground. The manner in which this
conduit is installed and the materials used shall comply with the
National Electric Code in force. No certificates of occupancy shall
be issued except where certification has been received from the fire
underwriter or other authorized person that the above requirements
have been met.
[36]
The applicant shall be indicated for each map
revision, and each individual revision shall be keyed to an index
which identifies the revision and its location.
[37]
The applicant shall provide a notarized affidavit
affirming that he is the owner or authorized representative of the
owner.
[38]
If the property is to be used for residential
condominium, fee simple with homeowners' association, cooperative
and rental developments which use the site plan shall contain a note
indicating that any clubhouse, pool, playground and any other recreation
or community facility shall be completed prior to the issuance of
any certificate of occupancy representing more than 45% of the units,
or prior to the issuance of such lesser percentage of certificates
of occupancy as may be designated by the Clarkstown Planning Board
but not less than the issuance of certificates of occupancy for 25%
of the units.
[Added1-10-1989]
H.
Fees. The Town Board, based on recommendation made by the Planning Board, shall, from time to time, by resolution, adopt a schedule of fees for applications for preliminary and final approvals, taking into consideration the criteria set forth in § 246-9A(3) and fees for inspection of improvement, taking into consideration the criteria set forth in § 246-15B, and for all other matters relating to the processing of applications for site plan preliminary and final approvals, including the renewal of lapsed applications and for attendance at meetings of the Technical Advisory Committee, which is provided for by § 43-7 of the Clarkstown Town Code.
[Added 1-25-2005 by L.L. No. 2-2005]
A.
Authorization to call a public hearing. The Board
shall hold a public hearing within 45 days after submission of a formal
completed application for preliminary approval.
(1)
Notice of public hearing shall be by publication in
the official newspaper(s) of the town at least five days in advance
of the hearing.
(2)
The hearing notice shall indicate that the file may
be examined and further information is available from the Board office
during regular business hours.
(3)
Copies of the publication order shall be mailed to
surrounding owners in the envelopes provided by the applicant, by
first class mail, not less than seven days prior to the hearing.
B.
The Board shall approve, approve with modifications
or disapprove said map within 45 days after public hearing.
(1)
Such decision shall be made at a meeting of the Board
with a quorum present and not less than a majority of the total membership
voting aye to the resolution.
(2)
In the event that the Rockland County Planning Board
has recommended against the application, the Town Planning Board may
approve it only with a majority plus one of the total membership and
must state its reasons for overriding the Rockland County Planning
Board in the approval resolution, pursuant to the requirements of
General Municipal Law § 239-m.
C.
The period in which the Board must take action may
be extended upon consent of the applicant.
D.
Substantial map modifications may be required when
necessary to remedy or improve aspects related to the health, safety
and welfare of the community or to provide a development plan more
consistent with the objectives of this chapter.
E.
Failure of Board to act at preliminary. If the Board
fails to take action within the aforesaid time period, unless an extension
of time is granted, it shall be deemed that the applicant has received
preliminary approval of the location of buildings, circulation, facilities
and land uses as shown on the plan. The applicant may then prepare
and submit an application for final approval.
F.
Expiration of approvals. If a final plan is not submitted
within six months after preliminary approval, said preliminary approval
shall expire.
A.
A new application is not required, provided that the applicant has fulfilled the requirements of the preliminary resolution (§ 246-10B). For computing whether time periods have elapsed, delivery of final exhibits deemed by the Board to be complete is considered equivalent to an application.
B.
Final site plan resolution. The Board may hold additional
hearings within 45 days after delivery of an application for final
site plan approval, after publication in the official newspaper of
notice of such hearing at least five days prior to the date thereof,
and shall make its official resolution within 45 days after the close
of the public hearing unless an extension of time is granted. The
Planning Board shall decide whether additional public hearings will
be required.
[Amended 9-11-1991 by L.L. No. 6-1991]
C.
Noncompliance with the resolution or regulations is
cause for disapproval of the application by the Board.
D.
Fee adjustment shall be made in case of approved change
in the site-unit count or new fee schedule in effect at the time of
final approval.
E.
The official application date at final is the date
of the receipt of the final document required for final review as
herein provided.
F.
Failure of Board to act at final. If the Board fails to take action within the aforesaid time period (Subsection B), unless an extension of time is granted, the final map will be deemed approved upon certification by the Town Clerk of the absence of such timely action.
G.
Expiration of final approvals. Resolutions to approve
final site plans shall expire 180 days after passage (date of Planning
Board resolution of approval) unless their conditions are fulfilled
by the applicant and exhibits are delivered within that time period;
however, said time period may be extended for two periods of not more
than 90 days each if considered desirable by the Board.
H.
The tenure of maps with final approval is limited
to a period of three years from the date of filing, within which time
building permits shall be obtained in accordance with Zoning Ordinance[1] provisions in effect at the time of application for a
building permit.
I.
Reinstatement of revoked or lapsed site plan. If a
preliminary or final approval has lapsed, it may be reinstated, in
the Board's sole discretion, after payment of a new fee appropriate
in amount to the additional review required. A new public hearing
may be required.
Exhibits for review at final must comply with
the same conditions and requirements as at preliminary unless modified
by resolution, except that the location and vicinity maps should reflect
any changes or modifications, and the final site plan shall include
the information listed in Subsections A and B.
A.
General information to be added on final site plan.
(1)
Space for map notes and certifications.
(2)
Formal offer of dedication shall be provided on the
site plan to read as follows: "The owner hereby irrevocably offers
for dedication to the Town of Clarkstown any public streets, easements,
parks or required public utilities within the map or on the construction
drawings."
(3)
Rockland County Health Department approval when so
required by that agency.
(4)
Required standard map notes as on file in the Board
office.
B.
Land information required on final site plan. The
preliminary map shall be revised to incorporate all changes required
by the Board after its decision granting preliminary approval. The
additional following requirements shall be met:
(1)
The stormwater drainage plan, with location, dimensions
and elevations of pipes, ditches, catch basins and outflow, to the
satisfaction of the Department of Engineering and Facilities Management.
[Amended 12-13-2018 by L.L. No. 9-2018
(2)
Three sets of erosion control plans to the Department
of Engineering and Facilities Management, accompanied by an erosion
control plan review fee as determined by the Department of Engineering
and Facilities Management and approved by the Planning Board.
[Amended 2-25-1997 by L.L. No. 3-1997; 12-13-2018 by L.L. No. 9-2018]
(3)
The proposed location of hydrants.
(4)
The location of proposed sewer facilities, with manholes,
pipes, sizes and gradients indicated, all subject to the requirements
of the town sewer consultant with approval secured through the Town
Department of Engineering and Facilities Management.
[Amended 12-13-2018 by L.L. No. 9-2018]
(5)
Circulation patterns keyed to requirements for traffic
arrows and parking spaces to be marked in reflecting paint, including
loading areas.
(6)
The location and widths of pavements, curbs, sidewalks
and traffic islands.
(7)
The location of buffering, screening and landscaped
areas for building, parking, recreation and any other facilities.
(8)
The proposed location of all outdoor lighting fixtures
(small drawing, in elevation) and the required map note to assure
prevention of glare beyond property boundaries.
(9)
All other utilities which shall be installed underground,
such as the location of meters, transformers and other equipment,
in accordance with the requirements of the Town Department of Engineering
and Facilities Management.
[Amended 12-13-2018 by L.L. No. 9-2018]
(10)
The proposed location of all signs, including
descriptions of size, lighting and coloration (subject to separate
permit process), and building identification signs.
[Amended7-9-1991]
(11)
Notation that a landscaping plan has been approved,
and a copy of the landscaping plan approved and endorsed by the Town
Shade Tree Commission shall be furnished for the office file.
(12)
The applicant shall provide deeds and reproducible
maps on Mylar, etc., whenever the Planning Board and Town Board have
made the necessary resolutions to allow for acquisition of land for
park or other municipal purposes.
(13)
Provision for solid waste disposal, including
container locations and access to such locations by sanitation trucks.
(14)
All utility meters shall be shown. Meters, utility
cabinets and associated facilities shall be screened if so determined
by the Board.
(15)
All leader, footing and other drains and cleanouts,
including elevation data, and their locations and materials shall
be shown, subject to review and approval of the Department of Engineering
and Facilities Management.
[Amended 12-13-2018 by L.L. No. 9-2018]
C.
Park and usable open space requirements for multiple
dwellings.
(1)
Usable open space limited to use by residents of the
development shall be provided in accordance with the schedule as in
the Zoning Ordinance [1] for the MF Districts. For all other multiple units, the
following schedule shall be used:
(2)
In addition to the required usable open space, the
Planning Board may require the payment of a sum of money in accordance
with the fee schedule in existence at the time of final approval.
(3)
All such moneys shall be held in a special capital
projects fund to be used either for the acquisition of sites that
are properly located for neighborhood park, playground or recreational
purposes or for the physical improvement of such site as a municipal
recreational facility.
D.
Other reservations.
(1)
Widening or realignment of existing roads. Where a
site plan borders an existing narrow road or when the Town Master
Plan indicates plans for the realignment or widening of a road that
would require the use of some of the land in the site plan, the developer
may be required to show areas for widening or realigning such roads
on the plan, marked "Reserved for Road Realignment for widening) Purposes."
It shall be mandatory to indicate such reservation on the plan when
a proposed widening or realignment is shown on the Town or County
Official Map.
(2)
Utility and drainage easements. Where topography or
other conditions make the inclusion of utilities or drainage facilities
within road rights-of-way impractical, perpetual unobstructed easements
at least 15 feet in width for such utilities or drainage facilities
shall be provided across property outside the road lines and with
satisfactory access to the road. Easements shall be indicated on the
site plan. Drainage easements shall be carried from the road to a
natural watercourse or to other drainage facilities, as approved by
the Town Department of Engineering and Facilities Management. When
a proposed drainage system will carry water across private land outside
the site plan, appropriate drainage rights must be secured and indicated
on the plat. The opinion of the Town Attorney shall be controlling
with respect to the legal aspects.
[Amended 12-13-2018 by L.L. No. 9-2018]
(3)
Easements for pedestrian access. The Planning Board
may require, in order to facilitate pedestrian or vehicular access
from roads to schools, parks, playgrounds or other nearby roads, perpetual
unobstructed easements at least 20 feet in width or fee title to said
land. Such access shall be indicated on the plan.
(4)
Conservation easements. Where a conservation easement
has been required by the Planning Board, prior to the Chairman's endorsement
of the plan, the conservation easement shall be provided in a form
acceptable to the Town Attorney and shall be filed with the Rockland
County Clerk's office. A map note shall be placed on the site plan,
indicating that the conservation easement was recorded in the Rockland
County Clerk's office and indicating the date, liber and page of recording.
In addition, the conservation easement shall be identified as a shaded
area on the site plan.
In the case of a public hearing granted for
both preliminary and final review, the following procedure shall apply:
A.
A public hearing, if necessary, shall be held within
45 days after formal application for final approval, after publication
in the official newspaper of notice of such hearing at least five
days prior to the date thereof, and the Board shall decide the same
within 45 days after the close of such hearing, unless an extension
of time is granted by the applicant.
[Amended 9-11-1991 by L.L. No. 6-1991]
B.
A decision shall be made as soon as practical after
the hearing is closed. The period in which the Board must take action
may be extended upon consent of the applicant.
[Amended 9-11-1991 by L.L. No. 6-1991]
C.
If the Board does not make a decision within 45 days
after the final stage site plan public hearing or if no public hearing
is required within 45 days after submitting a complete application
for final approval, the plan shall be considered approved upon certification
by the Town Clerk of the Board's failure to act in such timely manner.
D.
After final approval has been granted, the applicant
shall comply with the resolution and prepare the final site plan for
endorsement.
E.
In the event that differences are found between the
provisions of a resolution of the Planning Board and the site plan
and notes or covenants shown thereon, all further processing of such
site plan shall be suspended until the applicant provides a site plan
which conforms to the requirements of such resolution or until the
Board modifies the requirements.
F.
All outstanding fees and assessments due shall be
paid in advance of endorsement.
G.
Endorsement of the final map shall be made by the
Chairman of the Planning Board after review to establish that the
resolution requirements have been fulfilled.
H.
The final map, after endorsement, shall be filed with
the Planning Board office and the Town Clerk's office, with the required
number of additional copies supplied.
A.
No changes shall be made in the requirements shown on an endorsed site plan, except as provided in § 246-16, unless the Planning Board holds a new public hearing and thereafter passes a new resolution approval. However, the Board may waive the requirement for new public hearing when, in the judgment of the Planning Board, the proposed change will have no substantial effect on the intent of the prior approval or on any requirement of the final signed site plan and the notes incorporated thereon.
B.
The absence of the Chairman's signature on the map
due to the failure of the applicant to meet requirements established
by the Planning Board for a period of more than six months after final
Planning Board action shall render the Planning Board approval void.
C.
The failure of the applicant or successor in interest
to obtain a building permit within three years of filing of the site
plan shall render the approval void.
D.
The owner, applicant and tenant, where applicable,
shall sign the site plan.
E.
In the event of an changes to a site plan, or development
of a site which is not in accordance with an approved site plan, except
as provided in this section, the Board may rescind its site plan approval.
