The purpose of site plan review is to ensure
that a site can properly accommodate proposed new uses and/or structures
or expansion of existing uses and structures with minimal effect on
neighboring properties and the general area within the vicinity of
the site and to ensure that such development is appropriately integrated
into the community in accordance with the goals and objectives of
this chapter and the Comprehensive Plan. The purpose of this article
is to provide the required procedures and criteria to be followed
for site plan review for those uses and actions requiring such review
as set forth throughout this chapter and to provide a mechanism for
the review of Class B Regional Projects within the Adirondack Park
pursuant to the APA Act. Because of their characteristics or the special
characteristics of the area in which they are to be located, these
uses and actions require special consideration so that they may be
properly located and planned with respect to:
A.
The objectives of this chapter.
B.
Their effect on surrounding properties.
C.
The ability of the Town to accommodate the growth
resulting from the proposed use without undue adverse effect on the
Town and its citizens and taxpayers, and the protection of health,
safety and welfare of the Town and its citizens.
D.
The objectives of the Comprehensive Land Use Plan.
E.
The objectives and requirements of the Adirondack
Park Agency Act for areas within the Adirondack Park.
A.
Site plan review is required for any land use or development
involving a new use or expansion or change of a use noted in this
chapter as requiring such Planning Board review. Construction, development,
site preparation and/or the issuance of a building permit or zoning
permit for any such use shall not be undertaken unless and until the
Planning Board has approved, with or without conditions, the site
plan for such use. No building permit for a use requiring site plan
review shall be valid without site plan approval.
B.
No permit shall be issued for a change of commercial
use in a commercial building on any lot or tract of land except in
compliance with a site plan for such lot or plot duly approved by
the Town Planning Board within the prior seven years in accordance
with the following procedure, except that changes in permitted uses
within an approved business complex which do not increase the required
parking or change the exteriors of buildings, the layout of the site
or any site features, do not require site plan review.
[Amended 1-28-2011 by L.L. No. 2-2011]
C.
When a site plan review is triggered, the Planning
Board is empowered to apply all of the requirements of this chapter
to its review of the site plan. In addition, if any new uses or change
or expansion of existing uses is proposed for sites located within
the Adirondack Park, it also requires a permit from the Adirondack
Park Agency as a Class A or Class B project. The Adirondack Park Agency
has jurisdiction only within those portions of the Town within the
Adirondack Park.
[Amended 1-28-2011 by L.L. No. 2-2011]
In accordance with § 274-a of the
Town Law and this article, the Planning Board is authorized to review
and to approve, approve with modifications and/or conditions, or disapprove
site plans, prepared to specifications set forth in this chapter and
in regulations of the Planning Board, showing the arrangement, layout
and design of the proposed use of the land shown on such plan, including
activities located within the Adirondack Park and designated as Class
A and Class B Regional Projects by the Adirondack Park Agency.
A.
Prior to making application for a site plan review,
an applicant must schedule and attend a preapplication meeting with
the Town planning staff. The purpose of the meeting is to review the
applicable regulations and application requirements, as well as the
procedure for review and policies and procedures of the Planning Board.
No application will be accepted for review by the Planning Board until
the preapplication conference is held.
B.
The applicant may also schedule a sketch plan conference with the Planning Board at which the applicant may present a sketch of the proposed site plan in order to receive feedback and comments from the Planning Board prior to the preparation of a site plan that includes all of the required details and information for a formal site plan application as set forth in § 179-9-050 below.
Application for site plan approval shall be made to the Planning Board using forms supplied by the Board. Application materials and the site plan shall include sufficient information for the Board to make its findings under §§ 179-9-070 and 179-9-080 below. In determining the content of the site plan and supporting documentation, the Planning Board may waive certain requirements if the Planning Board deems such requirements or information unnecessary for the type of project proposed. Any such waiver 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. The Planning Board may grant such waivers on its own initiative or at the written request of an applicant. Such request shall set forth the specific requirements that are requested to be waived and the reasons for the requested waiver. Absent any waiver or waivers, an application for site plan review shall include the following:
A.
A vicinity map drawn at the scale that shows the relationship
of the proposal to existing community facilities which affect or serve
it, such as roads, shopping areas, schools, etc. The map shall also
show all properties, identify owners, subdivisions, streets, and easements
within 500 feet of the property. Such a sketch may be superimposed
on a United States Geological Survey map of the area.
B.
The site plan shall be drawn at a scale of 40 feet
to the inch (one inch equals 40 feet) or such other scale as the Planning
Board may deem appropriate, on standard twenty-four-inch-by-thirty-six-inch
sheets, with continuation on sheets 8 1/2 inches by 11 inches
as necessary for written information. The information listed below
shall be shown on the site plan and continuation sheets.
C.
Name of the project, boundaries, date, North arrow,
and scale of the plan.
D.
Name and address of the owner of record, developer,
and seal of the engineer, architect, or landscape architect. If the
applicant is not the record owner, a letter of authorization shall
be required from the owner.
E.
The location and use of all existing and proposed
structures within the property, including all dimensions of height
and floor area, all exterior entrances, and all anticipated future
additions and alterations.
F.
The location of all present and proposed public and
private ways, off-street parking areas, driveways, outdoor storage
areas, sidewalks, ramps, curbs, paths, landscaping, walls, and fences.
Location, type, and screening details for all waste disposal containers
shall also be shown.
G.
The location, height, intensity, and bulb type (sodium, incandescent, etc.) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown in compliance with § 179-6-020.
H.
The location, height, size, materials, and design
of all proposed signs.
I.
The location of all present and proposed utility systems,
including:
J.
Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, and flooding of other properties, as applicable. A stormwater pollution prevention plan (SWPPP) for all land development activities (excluding agricultural activities) on the site that result in land disturbance of one acre or more. A SWPPP shall comply with the requirements of the DEC SPDES MS-4 General Permit and Chapter 147 of the Town of Queensbury Code. It shall be at the discretion of the Planning Board as to whether a SWPPP or an erosion and control plan shall be required for a site plan review project land disturbance of less than one acre.
K.
Existing and proposed topography at two-foot contour
intervals, or such other contour interval as the Planning Board shall
allow. All elevations shall refer to the nearest United States Coastal
and Geodetic Bench Mark. If any portion of the parcel is within the
one-hundred-year floodplain, the area will be shown, and base flood
elevations given. Areas shall be indicated within the proposed site
and within 50 feet of the proposed site where soil removal or filling
is required, showing the approximate volume in cubic yards.
L.
A landscape plan showing all existing natural land
features that may influence the design of the proposed use such as
rock outcrops, stands of trees, single trees eight or more inches
in diameter, forest cover, and water sources, and all proposed changes
to these features, including sizes and types of plants. Water sources
include ponds, lakes, wetlands and watercourses, aquifers, floodplains,
and drainage retention areas.
M.
Land use district boundaries within 500 feet of the
site's perimeter shall be drawn and identified on the site plan, as
well as any overlay districts that apply to the property.
N.
Traffic flow patterns within the site, entrances and
exits, and loading and unloading areas, as well as curb cuts on the
site and within 100 feet of the site. The Planning Board may, at its
discretion, require a detailed traffic study for large developments
or for those in heavy traffic areas, which shall include:
(1)
The projected number of motor vehicle trips
to enter or leave the site, estimated for weekly and annual peak-hour
traffic levels.
(2)
The projected traffic flow pattern, including
vehicular movements at all major intersections likely to be affected
by the proposed use of the site.
(3)
The impact of this traffic on levels of service
on abutting public streets and at affected intersections. Existing
and proposed weekly and annual peak-hour traffic levels and road capacity
levels shall also be given.
O.
For new construction or alterations to any structure,
a table containing the following information shall be included:
P.
Elevations at a scale of 1/4 inch equals one foot
for all exterior facades of the proposed structure(s) and/or alterations
to or expansions of existing facades, showing design features and
indicating the type and color of materials to be used.
Q.
Soil logs, water supply well and percolation test
results, and storm runoff calculations, as needed to determine and
mitigate project impacts.
R.
Plans for disposal of construction and demolition
waste, either on-site or at an approved disposal facility.
S.
Plans for snow removal, including location(s) of on-site
snow storage.
T.
An environmental assessment form (EAF), as required
by the SEQRA regulations, with Part 1 completed by the applicant,
shall be submitted as part of the application. If the proposed project
requires a special use permit and an EAF has been submitted in conjunction
with a special use permit application, a duplicate EAF is not required
for the site plan application.
U.
If an application is for a parcel or parcels on which
more than one use is proposed, the applicant may submit a single application
for all such uses, provided the proposed uses are accurately delineated
on a site plan drawn pursuant to the requirements set forth above.
The Planning Board may grant the application with respect to some
proposed uses and not others. For purposes of reviewing an application
(and for SEQRA compliance), all proposed uses on a single parcel or
on contiguous parcels shall be considered together.
V.
A brief narrative statement on how the project proposed
for review furthers or is consistent with the vision, goals and policies
in the Town's Comprehensive Plan.
In addition to the fee listed on the schedule
of fees, the Planning Board may charge a fee to developers of projects
requiring legal and technical review, provided that the fee reflects
the actual cost of legal and technical assistance to the Planning
Board.
A.
Determination that application is adequate to initiate
review. At the first meeting at which an application is first presented
as an agenda item, the Planning Board shall determine whether the
application is adequate for purposes of commencing the site plan review
process. If an application is determined to be inadequate, the Planning
Board shall notify the applicant in writing as to what aspects of
the application submittal are lacking or are otherwise insufficient
to start the process.
B.
Adirondack Park Agency projects. All proposals, uses
or projects located within the Adirondack Park which require regional
project review shall be referred to the Adirondack Park Agency for
such review simultaneously to the site plan review process. The Planning
Board shall refer a copy of a complete application within 10 days
of the Planning Board's determination that such application is complete
to the APA.
C.
County referral. For applications within 500 feet
of the Town boundary or a proposed or existing state or county park
or recreation area, right-of-way, parkway, throughway, road or highway,
stream drainage channel or easement, public building or institution;
not later than 10 days following the Planning Board's determination
that an application is complete, the Planning Board shall refer a
copy of such application to the Warren County Planning Board, in accordance
with General Municipal Law §§ 239-l and 239-m. This
referral requirement may be subject to modification as outlined in
an intermunicipal agreement between the Town and county.
D.
SEQRA compliance. Upon determining that the application materials received are adequate for purposes of commencing site plan review, the Planning Board shall initiate the New York State Environmental Quality Review Act (SEQRA) process (unless the process has already been commenced pursuant to an application for a special permit for the same project). As mandated by the SEQRA regulations, the Planning Board shall make every effort to avoid unnecessary duplication of review requirements and shall provide for combined or consolidated proceedings when feasible. The time within which the Planning Board must render its decision under Subsection F may be extended by mutual consent of the applicant and the Planning Board if necessary to provide sufficient time to comply with the requirements of SEQRA.
E.
Public hearing requirement. The Planning Board shall hold a public hearing on a new application and provide notice consistent with § 179-16-120. In making a determination to hold a public hearing on a application to modify a site plan, the Planning Board shall be guided by: (1) the expected level of public interest in the project, (2) the potential benefit of receiving input from neighbors of the proposed site and/or from the general public, and/or (3) the desirability of creating an expanded record of the review proceedings, and/or, if applicable, (4) the potential benefit to the Board's review of the project under SEQRA.
[Amended 7-21-2014 by L.L. No. 2-2014]
(1)
In the case of actions within the Adirondack
Park, a copy of the public hearing notice shall be mailed to the Adirondack
Park Agency. The Adirondack Park Agency shall be a full party in interest,
with standing to participate in any and all proceedings on projects
within the Adirondack Park conducted pursuant to this section.
(2)
In the case of a hearing held on an application
on a property that is located within 500 feet of an adjacent municipality,
the Planning Board must give notice of the hearing to the Clerk of
the adjacent municipality, by either mail or electronic transmission,
at least 10 days prior to the hearing pursuant to General Municipal
Law § 239-nn.
F.
Decision. The Planning Board shall decide on the application
within 62 days after such a hearing is closed or, if no hearing is
held, then after the application is determined to be complete by the
Planning Board; provided, however, that the time within which the
Planning Board must render its decision may be extended by mutual
consent of the applicant and the Planning Board.
G.
Filing of decisions. The decision of the Planning Board shall be filed within five days from the date that the decision was rendered, in the office of the Town Clerk, in the office of the Zoning Administrator and a copy thereof shall be mailed to the applicant. The decision shall contain such findings of fact as are required by § 179-9-070 hereof. In the case of projects located within the Adirondack Park, the decision shall also be sent to the Adirondack Park Agency. Any aspect of the project and its site plan approval which will require inspection by the Zoning Administrator to ensure compliance shall be set forth with appropriate specificity in the decision and/or placed on the site plan or accompanying drawings.
H.
Conditions. The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are reasonably related to the project in order to address mitigation of project impacts and which are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings (whether by deed restriction, restrictive covenant or other similar appropriate means) or other specific requirements and restrictions to ensure that objectives, standards or guidelines as provided in this chapter are furthered and adhered to and that the project will be adequately supported by services and improvements made necessary by the project. To ensure that the project will be completed in accordance with the terms and conditions of the application and approval and including, without limitation, the requirements and conditions authorized under §§ 179-9-090 and 179-9-100, the Planning Board shall require, as a condition, that the applicant submit as-built drawings and/or other written certification, signed and stamped by a New York State licensed engineer, surveyor or architect of record (or the contractor/owner if no design professional was used), verifying that the project was completed in accordance with the approved site plan. In addition, the Planning Board may require that the Zoning Administrator incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.
I.
Final approved plans in compliance with the Planning
Board approval must be submitted to the Zoning Administrator prior
to any application for building permits.
J.
Application for area variance.
(1)
Where a proposed site plan contains one or more features that do not comply with the dimensional regulations of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article 16 without a decision or determination by the Zoning Administrator.
(2)
Integration of procedures.
(a)
Whenever the particular circumstances of proposed
development require compliance with either the special use permit
procedure in this chapter or other requirements of the Town, 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.
(b)
Where a project requires both Zoning Board of
Appeals (ZBA) and Planning Board approval, the Zoning Board of Appeals
shall request the Planning Board to provide a written recommendation
concerning the proposed variance.
K.
Expiration of approvals. Unless otherwise specified
or extended by the Planning Board, a site plan review approval shall
expire if the applicant fails to undertake the proposed action or
project within one year from the filing date of such decision thereof.
L.
Amendments. The terms and conditions of any site plan
approval may be amended in the same manner as required to approve
a site plan, following the criteria and procedures in this article.
Any enlargement, alteration, or construction of accessory structures
not previously approved shall require a site plan amendment.
The Planning Board shall not approve a site
plan unless it first determines that such site plan meets the following
standards:
A.
The proposed project furthers or is consistent with
the policies of the Town's Comprehensive Plan.
B.
The proposed project complies with all other requirements of this chapter, including the site plan review standards as set forth in Subsection F of this section, the dimensional, bulk, and density regulations of the zoning district in which it is proposed to be located (Article 3 and Table 1), the applicable requirements of all other articles that apply.
C.
The site plan encourages pedestrian activity internally
and, if practicable, to and from the site with pedestrian paths or
sidewalks connected to adjacent areas.
E.
The proposed use shall be in harmony with the general
purpose or intent of this chapter, specifically taking into account
the location, character and size of the proposed use and the description
and purpose of the district in which such use is proposed, the nature
and intensity of the activities to be involved in or conducted in
connection with the proposed use and the nature and rate of any increase
in the burden on supporting public services and facilities which will
follow the approval of the proposed use.
F.
The establishment, maintenance and operation of the
proposed use will not create public hazards from traffic, traffic
congestion or the parking of vehicles and/or equipment or be otherwise
detrimental to the health, safety or general welfare of persons residing
or working in the neighborhood or to the general welfare of the Town.
Traffic access and circulation, road intersections, road and driveway
widths, and traffic controls will be adequate. Off-street parking
and loading facilities will be appropriately located and arranged
and sufficient to meet traffic anticipated to be generated by the
new use.
G.
The establishment of vehicle links between parking
areas of adjacent properties are provided where feasible. This furthers
the Town's goal of reducing curb cuts and reducing congestion. A twenty-foot-wide
connection is required. If adjacent properties are either undeveloped
or previously developed without having made provision for future linkage,
then a future connection must be identified and provided for in the
site plan under review for such future linkage when the time arises.
The Planning Board may require proof that the applicant has made contact
with adjacent property owners for purposes of coordinating linkages
with adjacent properties.
H.
The project shall not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Town or the Adirondack Park or upon the adequate provision of supporting facilities and services made necessary by the project, taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the project. In making the determination hereunder, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein under § 179-9-100 of this chapter, and in so doing, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in § 179-9-100 of this article.
I.
The provision for and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience shall be
safe and adequate for pedestrian movement. Pedestrian connections
between adjacent sites shall be provided to encourage pedestrian use.
J.
Stormwater drainage facilities will prevent an increase of post-development drainage flows as compared to predevelopment drainage flows. Drainage of the site shall recharge groundwater to the extent practical. Surface waters flowing off-site shall not degrade any streams or adversely affect drainage on adjacent properties or public roads. Facilities shall be in conformance with the drainage standards of Chapter 147 of the Town Code and the Town of Queensbury Subdivision Regulations,[1] where applicable.
K.
The water supply and sewage disposal facilities will be adequate and will meet all applicable and current requirements set forth by Department of Health regulations and Chapter 136 of the Town Code.
L.
The adequacy, type and arrangement of trees, shrubs
and other suitable plantings, landscaping and screening shall effectively
provide a visual and/or noise buffer between the applicants and adjoining
lands, including the maximum retention of existing vegetation and
maintenance, including replacement of dead or diseased plants.
M.
Fire lanes, emergency zones and fire hydrants will
be adequate and meet the needs and requirements of emergency service
providers.
N.
The design of structures, roadways and landscaping
in areas susceptible to ponding, flooding and/or erosion will minimize
or avoid such impacts to the maximum extent practicable.
O.
The site plan conforms to the design standards, landscaping
standards and performance standards of this chapter.
[Added 4-20-2015 by L.L.
No. 2-2015]
A.
Water extraction applicants shall submit a full site plan review
application in conformity with the requirements established by the
Town.
B.
Water extraction applicants shall provide evidence of fee title ownership
of a minimum of 200 contiguous acres within a Land Conservation zone
by submission of copies of filed deeds with the application.
C.
The Town Board of the Town of Queensbury shall establish a nonrefundable
application fee which shall be provided by water extraction applicants
at the time of submission.
D.
Water Extraction applicants shall provide: a copy of a water withdrawal permit from the New York State Department of Environmental Conservation pursuant to Part 601 of the Department's Published Regulations issued pursuant to Environmental Conservation Law Article 15; a copy of an application for such permit or modification thereof; or sufficient evidence that such permit is not required, together with such additional evidence and proof as may be required by the Planning Board of the Town of Queensbury as determined by its review of the submission.
E.
Upon review by the Planning Board of the Town of Queensbury, the
water extraction applicants shall provide a statement of the maximum
daily quantity of water proposed to be extracted, from all extraction
points identified by the applicant, the specific location of the identified
extraction points, the method of extraction and copies of any permits
(applied for or existing), approvals or denials issued by any state
or federal agency having jurisdiction of the extraction method, including
the New York State Department of Health, as may be applicable, the
hours of operation, projected traffic volumes relative to the water
volumes proposed to be extracted, projected noise volumes, area lighting
proposed for the site and any other similar site conditions as may
be required by the Planning Board.
F.
Water extraction applicants shall provide the Planning Board of the
Town of Queensbury with a copy of an independent report issued by
a qualified professional of a hydrogeological investigation and study
which addresses at least the following:
(1)
The rates of draw down and recharge of any aquifer or other
groundwater source as may have been established by a pumping or "stress
test" or other similar testing regimen in accordance with accepted
standards within the geology and engineering professions.
(2)
The characteristics of the aquifer or other ground source, including
rates of draw down and recharge, sustainable extraction rates, aquifer
boundaries, recharge areas, impacts on the water table, and impacts
on any and all existing water bodies, including but not limited to
lakes, ponds, rivers, streams, and wetland areas and private wells
or other existing extraction locations within the zone of contribution.
(3)
Possible effects on the aquifer or other groundwater resources
which might result in the disturbance of existing minerals such as,
but not limited to, iron, manganese, arsenic, and uranium, and any
health hazards raised by such disturbance(s) or other impacts including
issues such as drinking water turbidity, clarity, and aroma.
(4)
Proposed extraction volumes shall be sustainable as demonstrated
by the study based upon the applicant's land holdings being significant
enough to produce sustainable draw of at least the proposed amount
from the applicant's proportional land holdings.
G.
Water extraction applicants shall include on the site plan the location
of all water bodies located within 500 feet of the extraction point,
the precise surveyed location of the extraction point, the existing
network of roadways in the vicinity of the extraction point, any proposed
new roadways, and any other relevant and material detail(s) bearing
on the proposed extraction process the omission of which would tend
to hinder the ability of the reviewing authority, affected landowners
or the public from developing a full understanding of the scope and
impact of the proposal.
H.
The Planning Board of the Town of Queensbury shall properly notice
and conduct a Public Hearing convened for the purpose of reviewing
the application in conformity with the general requirements of site
plan review. The Planning Board shall be entitled to adopt whatever
procedural rules for the hearing, including the imposition of reasonable
time limits for the presentations of the applicants, opponents if
any, and the general public, it deems appropriate, fair, and reasonable
calculated to afford a full consideration of the issues pertaining
to the application.
I.
Water transport vehicle access to the extraction site for loading
purposes shall occur in such a manner as to safeguard against hazards
to traffic and pedestrians on adjacent streets or roads; avoid traffic
congestion and traffic safety hazards, or other safety risks identified
by the review process.
J.
Water transport vehicle traffic shall be designed so as to not exceed
the capacity of existing town roadways or cause premature failure,
aging or diminished utility of those roadways. Site plan approval
may be conditioned upon tender of appropriate financial security or
direct payment sufficient to repair or improve degraded roadway conditions
proximately caused by the water transport vehicle traffic.
K.
Water extraction points shall be located no closer than 1,000 feet
from the nearest residence. This provision is only applicable to water
extraction and transport off site and is not applicable to on-site
residential, industrial, commercial or agricultural purposes.
L.
Water extraction points shall be selected to minimize impact upon
the environment and applicants shall limit site clearing and roadway
development to the minimum necessary to achieve access.
The Planning Board or Town Board may require
the posting of financial security in the form of bond, letter of credit
or other instrument in order to ensure that improvements are carried
out as specified in the plans and approvals. The Boards shall follow
the procedures in the Town of Queensbury Subdivision Regulations or
New York State Town Law § 277(9) for such financial security.
The following are those factors which relate
to potential for adverse impact upon the natural, scenic, aesthetic,
ecological, wildlife, historic, recreational or open space resources
of the Town of Queensbury. These factors, listed below, shall be considered,
as provided in this chapter. Any burden on the public in providing
facilities and services made necessary by such land use and development
or subdivisions of land shall also be taken into account, as well
as any commercial, industrial, residential, recreational or other
benefits which might be derived therefrom.
A.
Natural resource considerations shall be as follows:
(4)
Noise levels.
(5)
Critical resource areas.
(a)
Rivers and corridors of rivers designated to
be studied as wild, scenic or recreational in accordance with the
Environmental Conservation Law.
(b)
Water bodies and streams and their floodplains
and corridors.
(c)
Rare plant communities.
(d)
Habitats of rare and endangered species and
key wildlife habitats.
(e)
Alpine and sub-Alpine life zones.
(f)
Wetlands.
(g)
Elevations of 2,500 feet or more.
(h)
Unique features, including gorges, waterfalls
and geologic formations.
All uses approved by site plan review shall be subject to the provisions of Article 17, Enforcement, of this chapter.
The terms and conditions of any site plan review
approval shall be amended only in the same manner as required to grant
a site plan review approval, following the criteria and procedures
of this article. Any enlargement, alteration, or change of use or
structure allowed under a site plan review approval or addition of
a new use or structure on a property that received a site plan review
approval shall require an amendment to such site plan review approval.
