Town of Ghent, NY
Columbia County
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A. 
Except as otherwise expressly provided herein, any application for building, structure or use permit (including an accessory building or use), other than for a one- or two-family residence or an accessory building or use relating thereto, shall require site plan review, which shall be made by the Town Planning Board, except that site plan review shall be made by the Zoning Board with regard to any application for a variance involving a one- or two-family residence or an accessory building or use relating thereto. The appropriate reviewing authority shall hereafter be referred to as the "Board." Notwithstanding the above, any structure for residential use in the RRA-1 and RRA-2 Districts shall not be subject to site plan review.
[Amended 5-16-2002 by L.L. No. 2-2002; 8-15-2013 by L.L. No. 1-2013; 4-21-2016 by L.L. No. 3-2016; 5-18-2017 by L.L. No. 1-2017]
B. 
Any application for a building or use permit shall be referred to the Planning Board or Zoning Board for site plan review and approval in accordance with the provisions of the Town Law, the performance and design standards set forth in this Zoning Chapter, and procedures set forth in this article.
[Amended 8-2-2012 by L.L. No. 9-2012; 5-18-2017 by L.L. No. 1-2017]
An application for site plan review shall be made in writing and shall be accompanied by seven prints of a site plan drawn to scale by a professional that includes the following information and any other information that the Planning Board deems appropriate for a particular application:
A. 
The title of the drawing, including the name and address of the applicant and of the person(s) responsible for the preparation of such drawing.
B. 
A North arrow, scale and date.
C. 
Accurate boundaries of the parcel plotted to a scale of one inch equals 40 feet. The scale may be altered for projects exceeding a total land area of five acres.
D. 
All existing watercourses, wetlands and floodplains, including reference to the specific data source.
E. 
A grading or drainage plan, showing existing or proposed contours at a minimum of two-foot intervals for that portion of the parcel actually proposed for development or where the existing site may be susceptible to erosion, ponding or flooding.
F. 
The location of all proposed and existing buildings, parking areas and drives, truck loading areas, wells, septic systems, water and sewer lines and service, outdoor storage of equipment and materials and signage.
G. 
A floor plan and front elevation of any building or fencing to include details for the areas to be used for offices, manufacturing areas and areas for retail/wholesale operations, including exterior display of products for sale.
H. 
A general landscaping plan and planting schedule showing existing vegetative cover being retained as well as new plantings.
I. 
A survey of the property, if required by the Board.
J. 
The locations of all outdoor lighting, including lighting levels both within the site and at the site's boundaries.
K. 
Proof of approval for any necessary permits from federal, state, county or local agencies; provided, however, that the Board may, in its sole discretion, grant conditional approval and establish a time frame for final approval upon the issuance of any required permits. In this regard, the applicant shall demonstrate that all necessary permits have been applied for.
L. 
Detailed sizing and final material specifications of all required improvements.
M. 
An environmental assessment form, as deemed appropriate by the Planning Board, completed and signed by the applicant.
N. 
A check made payable to the Town for the applicable fee for the review and approval.
O. 
A check made payable to the Town for payment of expenses to be incurred by the Town in connection with the review of the project by professionals such as engineers, planners and/or attorneys.
P. 
The names and addresses of the owners of all adjoining properties.
Q. 
A list of any substance or material that is intended to be used or stored on the property that could potentially be subject to the performance standards set forth in § 190-12.
[Amended 5-18-2017 by L.L. No. 1-2017]
The site plan review shall include, as appropriate, but not be limited to, the following:
A. 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, structures and traffic controls.
B. 
Location, arrangement, appearance and sufficiency of off-street parking and loading facilities.
C. 
Location, arrangement, size, design and general site compatibility of principal and accessory buildings, lighting and signage.
D. 
Adequacy of drainage and stormwater facilities.
E. 
Adequacy of water supply and sewage disposal facilities.
F. 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise deterring buffer between applicant's adjoining lands, including maximum retention of existing vegetation.
G. 
Protection of adjacent or neighboring properties against noise, glare, traffic, odors, fumes, vibration, unsightliness or other objectionable features.
H. 
Adequacy of fire lanes and other emergency zones, and water supply for firefighting purposes.
I. 
Compatibility of building design with existing characteristics of the neighborhood.
J. 
Compliance with all applicable performance and design standards.
K. 
Compliance with requirements for wetlands and flood zone regulations. In this regard, the site plan shall show all wetlands and flood zone areas on the map.
L. 
Adequacy of utilities. When feasible, existing utility service systems shall be placed underground.
M. 
Any matters deemed appropriate to be consistent with § 190-1B of this Code.
A. 
Public hearing. The Board shall conduct a public hearing on the application for site plan approval. The public hearing shall be conducted within 62 days of the receipt of a complete application and shall be advertised, at the expense of the applicant, in a paper of general circulation in the Town at least five days prior to said hearing. Notice of said hearing shall also be given to the owners of all adjoining properties.
B. 
Required referral. Prior to taking any action, the Board shall refer the site plan, when applicable, to the Columbia County Planning Board for an advisory review and report in accordance with General Municipal Law §§ 239-l and 239-m.
C. 
Prior to making any determination, the Board will cause a review of the proposal pursuant to the requirements of the State Environmental Quality Review Act (SEQRA).
D. 
Within 62 days of the close of the public hearing, the Board shall render a decision on the site plan application.
[Amended 4-27-2000 by L.L. No. 1-2000]
E. 
Action by resolution. The Board shall act by resolution to either approve, approve with modifications or disapprove the site plan application. A resolution either approving or approving with modifications shall include the authorization for the Planning or Zoning Board Chairman to stamp and sign the site plan upon the applicant's compliance with the submitted site plan. Any modifications required by the Board shall be deemed a condition of approval. If the site plan has been disapproved, the Board's resolution shall state the reasons for such decision.
Reasonable costs incurred by the Board for private consultation fees of a planner, engineer or attorney or other expense in connection with the review of a proposed site plan shall be charged to the applicant together with the costs of advertising any public hearing required. In this regard, the Board may require such costs to be paid in advance, and may deny an application upon failure of the applicant to make payment within 60 days of the date of the original application submission.
[Added 10-19-2017 by L.L. No. 2-2017]
A. 
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.
B. 
The time period in which the Planning Board must either hold a public hearing, if required, or 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.
C. 
Any approval shall expire after 180 days from the date that such approval was filed with the Town Clerk unless the applicant shall have obtained all other necessary permits and approvals and commenced, and substantially proceeded with, construction of the project in full conformity with the approved site plan. The Planning Board may in its sole and absolute discretion, and without the necessity of a new public hearing, extend the date of its site plan approval for up to one year at the request of an applicant.
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Editor's Note: Former § 190-26, Requirements for Commercial Industrial 2 Zone, was repealed 4-7-2016 by L.L. No. 2-2016.