[Added 2-3-2011 by L.L. No. 12-2011]
A. Purpose. The purpose of redevelopment site plan review is to provide
a streamlined mechanism for and to encourage the redevelopment, rehabilitation,
and revitalization of areas within the Town which contain vacant and
underutilized properties and/or properties that are being used in
a way that is inconsistent with and/or counterproductive to the vision
for the Town.
B. Applicability. Application for redevelopment site plan review is
made to and decisions are rendered by the Planning and Economic Development
Department (PEDD). Redevelopment site plan review is only available
for commercial redevelopment on lots less than one acre which meet
the following conditions:
(1)
Addition or other site change other than demolition; and
(2)
Previously developed site with a building that was occupied
within the preceding 10 years.
C. General review criteria and requirements. The PEDD shall refer to
the general review criteria and general requirements for major site
plan review. Where the general review criteria and general requirements
for major site plan review and the redevelopment site plan review
provisions are in conflict or are not consistent, the regulations
for the redevelopment site plan review will apply.
D. Incentives. Incentives and waivers are available only from the Planning
Board. All incentives or waivers which may be available to projects
must be obtained from the Planning Board.
E. All applications which are determined to be eligible for redevelopment
site plan review will be automatically referred to the Town of Colonie
Industrial Development Agency, Albany County Industrial Development
Agency, and Local Development Corporation for consideration of special
financing options.
F. Appeal. Those aggrieved by a decision by the PEDD can appeal that
decision to the New York State Supreme Court in accordance with New
York Town Law § 274-a, Subdivision 11.
G. Referral to the Planning Board. The PEDD in its discretion may refer
any redevelopment site plan application to the Planning Board for
review and approval.
H. Review and approval procedure.
(1)
Application for zoning verification. An application for zoning
verification must be made to the Building Department as outlined in
the overview of permits and approvals article of this chapter. The Building Department will issue its verification to
the Planning and Economic Development Department (PEDD) and the applicant.
(2)
Application for redevelopment site plan review. An application
for site plan review must be made to the PEDD. The PEDD, Building
Department, and Department of Public Works will review the site plan
review application and issue applicable signoffs to PEDD. The PEDD
will notify the applicant of any further documentation needed to accompany
the application for redevelopment site plan review, and of the determination
regarding redevelopment site plan review.
(3)
PEDD review and approval.
(a)
The applicant shall prepare and submit a final site application
to the PEDD in accordance with the requirements below.
(b)
The PEDD shall review the submittal for completeness and compliance
with the requirements of this chapter and shall refer the submittal
to such other departments or agencies, as it deems appropriate, for
additional technical review.
(c)
If the applicant is seeking any incentives or waivers, the PEDD
will refer the application to the Planning Board for that purpose.
(d)
Upon satisfactory completion of required reviews, the PEDD shall
act to approve, deny or approve with modification the final site plan.
Failure to act does not constitute approval.
(e)
In the event that an approval with modification is made, the
applicant shall submit the modified plan to the PEDD. If a modified
plan is not submitted to the PEDD within six months from the date
of its decision to approve with modification, the approval shall become
invalid.
(f)
Issuance of approval. Upon approval of a final site plan, the
applicant shall furnish to the PEDD sufficient copies of such plans
and related documents as are necessary for distribution to appropriate
parties.
(g)
The PEDD shall sign and affix a stamp of approval to said plans
and shall distribute them, together with copies of the applicable
approval form.
(h)
No occupancy or use of the site may occur until the PEDD has
determined that all required improvements have been made and the PEDD
has issued a site plan approval compliance release to the Building
Department and, when applicable, a building permit and certificate
of occupancy have been issued by the Building Department.
(i)
Any PEDD final site plan approval shall be valid for one year
from the date of issuance.
I. Final site application requirements. The application requirements
for a final review and approval for a redevelopment site plan proposal
shall include, but not be limited to, the following:
(1)
Submission of an application for a redevelopment site plan proposal
on forms prescribed therefor, together with payment of the required
fee therefor as established by the Town Board.
(2)
The applicant shall obtain any necessary permits or approvals
from state or county agencies prior to issuance of any final site
plan approval.
(3)
Such additional reports, maps, plans or materials as the PEDD
may reasonably request and deem necessary to make the determinations
required by the New York State Environmental Quality Review Act and
this chapter.
(4)
For any application involving a building addition or facade
changes, architectural elevations.
(5)
A narrative description of the proposed project, addressing
its scope of operation, purpose, justification and impact on the immediate
area of influence and the Town in general (schools, traffic generation,
population, utilities, aesthetics and land use compatibility) and
including the following:
(b)
The name of the applicant.
(d)
The name of the proposed tenant/business.
(e)
A description of existing site and use.
(f)
A description of intended site development and use.
(g)
The proposed gross floor area.
(h)
The proposed number of parking spaces.
(j)
Site coverage statistics.
(6)
For applicants with a lot size greater than 18,000 square feet,
a site plan outlining the proposed design at a scale of one inch equals
10 feet, one inch equals 20 feet, one inch equals 30 feet or one inch
equals 40 feet; sheet size shall be 22 inches by 34 inches or 34 inches
by 44 inches; which plan shall show:
(a)
Boundary line of property to be developed or used, including
any interior lot lines.
(c)
Existing vegetation, watercourses and other natural features.
(d)
Existing structures, utilities and site improvements on and
within 50 feet of the site.
(e)
Existing zoning district and any overlay district.
(f)
Proposed buildings and other improvements (with building and
setback dimensions).
(g)
Existing/proposed utilities, sizes and connection points.
(h)
Proposed vegetation and landscaping.
(i)
Existing/proposed parking, circulation, storage, service and
display areas.
(j)
The number of parking spaces.
(k)
Analysis of parking requirement.
(m)
Proposed drainage concept.
(n)
Existing/proposed easements.
(o)
Site coverage statistics.
(p)
The address of the property.
J. Notification.
[Added 4-11-2013 by L.L. No. 8-2013]
(1)
Following submission of an application for redevelopment site
plan approval related to a parcel located in a Single-Family Residential
or Multifamily Residential Zoning District, the applicant shall provide
written notice of the public hearing to all owners whose properties
are located partially or wholly within a two-hundred-fifty-foot distance
from the perimeter of the subject parcel(s) proposed for site plan
approval.
(2)
The notice of public hearing shall contain, at a minimum, the
name of the applicant, the subject parcel address, a brief description
of the proposed project, and proposed commercial square footage, as
well as the date, time and place of the hearing. Notices must also
contain the following statement: "Landlords are strongly encouraged
to notify tenants of the contents of this notice."
(3)
The notice of public hearing must be mailed at least 10 days
or personally delivered at least five days before the scheduled date
of the public hearing. Notices may be personally delivered or sent
by regular mail. If a notice is undeliverable by the United States
Postal Service or delivery is refused by the addressee, no further
notification efforts for such addressee are required by the applicant.
(4)
The applicant must also place placards provided by the Town
on the subject parcel(s).
(5)
The applicant shall submit the following proof of notification
to the Planning and Economic Development Department at least two business
days prior to the scheduled date of the public hearing:
(a)
A copy of a portion of the Tax Map depicting the subject parcel(s)
and all lands which are located partially or wholly within a two-hundred-fifty-foot
distance from the perimeter thereof.
(b)
A schedule of the names and addresses of the property owners
whose parcels are located partially or wholly within a two-hundred-fifty-foot
distance from the perimeter of the subject parcel(s).
(c)
A sworn affidavit of delivery and posting of notices demonstrating
that written notice of the public hearing was provided to all owners
whose parcels are located partially or wholly within a two-hundred-fifty-foot
distance from the perimeter of the subject parcel(s). This affidavit
shall list the addresses of owners to whom notice was mailed or personally
delivered, and attach copies of all written notices and a map showing
where placards were posted.
[Amended 5-1-2014 by L.L. No. 8-2014]
The provisions of this article, except those
related to special use permits, shall be primarily administered and
enforced by the PEDD, which shall have the power to make necessary
inspections. The provisions of this article related to special use
permits shall be primarily administered and enforced by the Building
Department, which shall have the power to make necessary inspections.