[HISTORY: Adopted by the Town Board of the
Town of Greenport 12-7-1988 by L.L. No. 1-1988; amended in its entirety 4-5-2017 by L.L. No. 1-2017. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Site Plan Review Law of
the Town of Greenport, New York."
This chapter is enacted pursuant to the Municipal Home Rule
Law of the State of New York to protect and promote the health, safety,
morals and general welfare of the community and to ensure that proposed
uses in the Town of Greenport meet design, function and layout criteria
that will result in attractive and safe development of land in the
Town.
A.
Site plan required. The following uses require submittal of a site
plan application to the Town of Greenport Planning Board and approval
thereof prior to the issuance of a building permit or certificate
of occupancy:
(1)
New uses. All newly developed or constructed sites for which one
or more categories of uses is proposed:
(a)
Commercial use: any use involving the sale or rental or distribution of goods, services or commodities, either in retail or wholesale, or the provision of recreation facilities or activities for a fee. A commercial use with no permanent structures, which operates fewer than six consecutive months annually, and which occupies fewer than 1,000 square feet, inclusive of parking, does not require site plan review but may be subject to Chapter 94, Peddling and Soliciting.
(b)
Industrial use: the use of buildings and land, or both, for
the purpose of manufacturing or producing, in whole or in part, any
type of product or goods, and uses that involve the subsequent sale,
trade or storage of such goods.
(c)
Multifamily dwelling units: a building that contains more than
two dwelling units used, intended, or designed to be used, rented,
leased, or let or hired out to be occupied by one or more persons.
A "dwelling unit" is a single unit providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
(d)
Any other use not otherwise enumerated in this subsection, except
a single-family or two-family residential dwelling.
(2)
Existing uses. Expansions, additions, deletions or structural or
site changes to existing uses, changes in exterior site features,
changes in parking layout, changes to material landscaping, or any
changes in the intensity of the existing use. As applied to this subsection,
a change in the intensity of an existing use shall mean any change
that would potentially increase traffic, noise, or exterior ambient
light levels on the site of adjacent properties.
(3)
Application process. The Code Enforcement Officer/Building Inspector shall review all applications he/she receives and determine whether or not a site plan review is required pursuant to § 101-3A(1) and (2). If the Code Enforcement Officer/Building Inspector determines that a site plan review is required, the Code Enforcement Officer/Building Inspector shall refer the applicant to the Planning Board for such review prior to the issuance of a building permit, certificate of occupancy, or certificate of compliance.
B.
Exemptions from site plan. The following activities are exempt from
site plan review:
(1)
Door, window, canopy, or facade replacements or additions, provided
that a new facade does not increase the facade height 20% more than
the total height of the existing facade;
(2)
Roof replacements or repairs, including changes to the height, peak,
or slope of a roof or a change in roofing materials;
(3)
Maintenance, repair, or replacement of exterior finishes;
(4)
Interior renovations or modifications of a building;
(5)
Replacement or renovation of building mechanical or electrical systems;
(6)
Repair or replacement of underground storage tanks, unless, in connection
with such repair or replacement, there are changes or modifications
made to exterior features of the property;
(7)
A change in the New York State Building Code occupancy classification
of a building or structure which affects solely the interior space
of the building or structure; or
(8)
Installation of handicap accessibility features required by state
or federal law.
Prior to submission of a site plan application, an applicant may present to the Planning Board a sketch plan of a proposed site plan use listed in § 101-3A(1) above. This will be an informal review in which the Planning Board may provide initial comments concerning a proposed site plan. Although an applicant may receive comments from Planning Board members during a sketch plan review, such comments relate only to the general concept presented by the applicant and shall not be considered as a preliminary approval by the Planning Board of any aspect of a site plan submitted with a site plan application.
The Planning Board shall not accept or consider any site plan
application for a property which has pending and unresolved violation
notices issued by the Code Enforcement Officer/Building Inspector.
[Amended 9-5-2018 by L.L.
No. 2-2018]
An application for site plan approval shall be made to the Planning
Board on a Planning Board application form. The application shall
be accompanied by one digital set in .pdf format and 12 copies of
any plats, plans, maps or graphics and eight copies of any other documents
submitted as part of the site plan application. The copies are in
addition to the original application and plats, plans, maps, and graphics.
All application documents and the required application fee must be
submitted to the Planning Board secretary at least 15 days before
the next scheduled Planning Board meeting to be on the agenda for
that meeting. These documents shall include information drawn from
the following checklist of items provided on a drawing certified by
a licensed engineer, architect, landscape architect and/or land surveyor.
A.
The following features shall be included in any site plan, if applicable:
(1)
The title of the drawing, including the name and address of the applicant
and of person(s) responsible for preparation of such drawing. The
name and address of the owner(s) of record, if different from applicant;
(2)
A North arrow, scale and date;
(3)
Accurate boundaries of the property plotted to scale;
(4)
Existing watercourses and the direction of flow;
(5)
A grading and drainage plan, showing existing and proposed contours
with two-foot contour intervals and soils data generally required
on that portion of any site proposed for development where general
site grades exceed 5% or where there may be susceptibility to erosion,
flooding or ponding;
(6)
The location, proposed use and height of all buildings;
(7)
The location, design, and construction materials of all parking and
loading areas, with access and egress drives thereto;
(8)
Provision for pedestrian access;
(9)
The location of outdoor storage, equipment and materials;
(10)
The location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences;
(11)
The location of all present and proposed utility systems, which
shall include the following, if applicable:
(12)
The location of fire and other emergency zones, including the
location of the nearest water supply for fire emergencies;
(13)
The location, design and construction materials of all energy
distribution facilities, including electrical, gas and solar energy;
(14)
The location, size and design and construction materials of
proposed signage;
(15)
The location and proposed development of all buffer areas, including
indication of existing vegetative cover;
(16)
The location and design of outdoor lighting, which may include
data regarding lighting levels within the property and at the property's
boundaries;
(17)
A floor plan showing the exterior walls of the building areas
proposed for retail sales, office use, or similar commercial activity;
(18)
A general landscaping plan and planting schedule;
(19)
Curb cut locations to be approved by appropriate agency;
(20)
A completed Agricultural Data Statement, if required; and
(21)
A list of all abutting parcels, including names and mailing
addresses of all owners of said abutting parcels. For purposes of
this chapter, an "abutting parcel" is any parcel whose boundary line
touches the parcel that is the subject of the site plan review and
any parcel that is immediately across the street from the parcel that
is the subject of the site plan review.
B.
Waiver. The Planning Board, in its discretion, may waive any of the requirements of the preceding subsection, provided that the Board determines that the proposed site plan alterations are so minimal that to require full compliance with the provisions of § 101-6A would be unnecessarily financially burdensome to the applicant and would not advance the purpose of this chapter.
A.
The Planning Board's review of a site plan shall include the following:
(2)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers,
structures and traffic controls. Consideration will also be given
to the project's impact on the overall circulation system as it relates
to adjacent uses;
(3)
Accessibility to the site by public transportation;
(4)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkways, control of intersections with vehicular traffic and overall
pedestrian convenience;
(5)
Location, arrangement and sufficiency of off-street parking and loading;
(6)
Location, arrangement, size, design and general site compatibility
of principal and accessory buildings, lighting and signage;
(7)
Adequacy of stormwater and drainage facilities;
(8)
Adequacy of water supply and sewage disposal facilities;
(9)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
In the case of an apartment complex or other multiple dwelling, adequacy
of usable space or play areas and informal recreation;
(10)
Protection of adjacent or neighboring properties against noise,
glare, unsightliness or other objectionable features;
(11)
Adequacy of fire lanes and other emergency zones and water supply
for fire emergencies;
(12)
Adequacy of structures, roadways and landscaping in areas with
susceptibility to ponding, flooding and/or erosion; and
(13)
Compatibility of building design with existing characteristics
of the neighborhood.
B.
Compliance with State Environmental Quality Review Act. The Planning
Board shall act in accordance with the State Environmental Quality
Review Act regulations set forth at 6 NYCRR Part 617. An application
for site plan review shall be accompanied by a completed Part I of
an appropriate Environmental Assessment Form as determined by the
Planning Board. A site plan application shall not be considered complete
for purposes of scheduling a public hearing until the Planning Board
has completed its SEQRA environmental review.
C.
Consultant review. The Planning Board may consult with the Code Enforcement Officer/Building Inspector, other governmental officials, or the Town's engineer and legal counsel and may require an applicant to fund a consultant escrow account in an amount that reflects the estimated cost to the Town of legal or engineering services involved in review of the site plan application. Reasonable costs incurred by the Planning Board for professional consultation fees shall be assessed as provided in Chapter 67 of the Code of the Town of Greenport. An applicant shall pay all unpaid consultants fees prior to the chairperson stamping or signing an approved site plan.
D.
Public hearing.
(1)
The Planning Board shall conduct a public hearing on the application
for site plan approval within 62 days from the day it determines the
application is complete. The Planning Board shall give public notice
of said hearing in a newspaper of general circulation in the Town
at least five days prior to the public hearing.
(2)
The applicant shall mail notice of the public hearing by certified
mail, return receipt requested, to all abutting parcel owners at their
addresses listed in the Town's assessment rolls. For purposes of this
chapter, an "abutting parcel" is those parcels identified in the list
of abutters submitted with the site plan application, including any
parcel whose boundary line touches the parcel that is the subject
of the site plan review, any parcel that is immediately across the
street from the parcel that is the subject of the site plan review,
and any other parcels identified by the Planning Board. The applicant
shall be responsible for the cost of all required mailings.
(3)
The applicant shall submit proof of such mailing to the Planning Board prior to the public hearing. If the Planning Board determines that the applicant has not complied with the notification and mailing requirements, the public hearing will be postponed until the next regular meeting of the Planning Board and the applicant will be required to mail new notice of the public hearing to all abutting parcel owners in accordance with § 101-7D(2) above.
E.
Referral to County Planning Board. If required by § 239-l
or 239-m of the General Municipal Law, the Planning Board shall refer
any site plan application to the County Planning Board for review.
The Planning Board may waive the procedures in this chapter
on an application to amend a previously approved and filed site plan
if the Planning Board had approved the original application within
five years of the proposed amended application and the Board finds
that the proposed amendments are insignificant and will not materially
affect the previously approved site plan. In granting such waiver
the Planning Board shall make a finding that the proposed amendment
will not materially affect drainage, traffic circulation, the relationship
of buildings to each other, or landscaping. For the waiver in this
section to occur, the applicant shall cause to be produced a stamped
and signed copy of the filed site plan.
[Amended 9-2-2020 by L.L. No. 2-2020]
A.
The Planning Board shall decide a site plan application within 62
days after the close of the public hearing or, if no hearing is required,
within 62 days after the day the application first comes before the
Board. The time within which the Planning Board must render its decision
may be extended by consent of the applicant and the Planning Board.
B.
Action by resolution. The Planning Board shall act by resolution
to approve, to approve with modifications or conditions, or to deny
the site plan application. An approval or approval with modifications
or conditions shall include authorization to the Planning Board Chairman
to stamp and sign the site plan upon the applicant's modification
of the site plan or fulfillment of the conditions.
C.
If the Planning Board's resolution includes a requirement that the
site plan be modified before approval, the completion of the modifications
shall be a condition of approval. If site plan application is denied,
the Planning Board's resolution shall state the reasons for denial.
D.
Submission requirements for stamping. Within 62 days of receiving
an approval, with or without modifications or conditions, the applicant
shall complete the modifications and satisfy the conditions and submit
four prints of the site plan to the Planning Board for stamping and
signature by the Chairperson. No changes shall be made to the site
plan other than what had been authorized by the Planning Board. A
failure to make modifications or satisfy conditions within 62 days
of an approval invalidates the approval without the need for further
action by the Planning Board.
(1)
Effect of stamping by Planning Board. Upon stamping and signature by the Chairman, the Planning Board shall forward a copy of the approved site plan to the Code Enforcement Officer/Building Inspector and the applicant. The Code Enforcement Officer/Building Inspector may then issue a building permit or certificate of occupancy if the project conforms to all other applicable requirements, unless an extension has been requested by the applicant and granted by the Planning Board in accordance with Subsection E(2) of this section.
E.
Approval expiration, extension, and revocation. Planning Board approval
of a site plan shall expire and be revoked if any of the following
circumstances occurs:
(1)
The site plan is not submitted for stamping and signature by the Chairperson in accordance with § 101-9D;
(2)
The applicant fails to commence to obtain the necessary building permits in accordance with § 56-4 of the Town Code within 12 months of site plan issuance, provided the Planning Board may grant two six-month extensions upon demonstration by the applicant of good cause for its delay in failing to commence construction; and/or
(3)
The applicant violates the conditions of any conditional site plan
approval or engages in any construction or alteration not authorized
by the final, conditional or amended site plan approval.
F.
Any violation of the conditions of a site plan approval shall be
deemed a violation of this chapter and shall be subject to enforcement
action as provided herein.
A.
As provided in the schedule listed below and by resolution of the
Town Board, the Planning Board shall require as a condition of any
site plan approval the payment of a mitigation fee by a site plan
review applicant whose proposed project uses a Town highway for access
and is of the type listed in the schedule contained in this section.
All mitigation fees collected by the Town shall be maintained in a
separate bank account and shall be used solely for the funding of
the design and construction of sidewalks, bike paths, pedestrian paths,
related stormwater management controls, or the erection of traffic
control devices on Town highways.
|
Schedule of Mitigation Fees
| |
|---|---|
|
Land Use
|
Mitigation Fee
|
|
Realty subdivision
|
Per lot
|
|
Residential multifamily (apartments/condominiums/townhouses)
|
Per unit
|
|
Assisted living facilities
|
Per bedroom
|
|
Hotel/motel
|
Per room
|
|
Industrial/commercial
|
Per square foot
|
|
Office
|
Per square foot
|
|
Retail
|
Per square foot
|
|
Service
|
Per square foot
|
|
Self-storage
|
Per square foot
|
|
All other uses not listed
|
Per square foot
|
B.
Classification of a project shall be determined by the Town of Greenport,
and the following shall be followed when applicable:
(1)
When a property is changing a use classification, as defined by the
traffic mitigation fees, the traffic mitigation fee shall be based
on the square footage of any existing or new structure, along with
any approved additions, less the required traffic mitigation fee for
the current use, based on existing structures. However, based on these
calculations, the applicant shall not be entitled to a credit.
(2)
Fees for structural additions to existing sites shall be based only
on the additional square footage. This applies only if the use of
the property stays within the same mitigation fee category.
(3)
When a property is subdivided and an existing single-family residence
is located on any of the new parcels created by the subdivision, the
single-family parcel shall be exempt from a mitigation fee. Notwithstanding,
mitigation fees will apply for five or more lot subdivisions.
A.
As a condition to the approval of any site plan, the Planning Board
may require the applicant to post with the Town a performance bond,
a letter of credit, or cash (collectively "security"). The posted
security shall permit the Planning Board to sign and stamp a site
plan without conditioning such signing and stamping on the completion
of required improvements on the site plan property. The Planning Board's
consultants, with cooperation from the applicant, shall determine
and recommend to the Town Board the amount of the security to be posted
with the Town. The Town shall determine the sufficiency of the type
and quality of the security and shall supervise the construction of
the improvements guaranteed by the posted security.
B.
Improvements guaranteed by the security shall be completed within
a time period determined by the Planning Board but in any event no
later than one year after the issuance of site plan approval.
C.
In conjunction with the posting of security, the applicant shall
enter into a security agreement with the Town. The security agreement
shall address the following matters:
(1)
The partial release of security upon proof by the applicant of a
corresponding partial completion of improvements.
(2)
In the event of security that requires the applicant to renew the
security prior to the expiration of the time in which the improvements
are completed, the mechanism by which an applicant will renew the
security and proof to the Town of such renewal.
(3)
If the applicant fails to timely complete the improvements covered
by the security, the applicant consenting to the Town entering onto
the applicant's property to complete the improvements.
D.
In the event that any improvements have not been installed as required
within the term of such security, the Town may declare the applicant
to be in default on completion of required improvements. The Town
may, at its discretion, contract with private contractors for the
completion of the improvements, contractors to be paid at prevailing
wage rates and subject to competitive bidding requirements, if any.
E.
The Town shall release the security upon its determination that the
required improvements have been satisfactorily completed.
The Code Enforcement Officer/Building Inspector, in conjunction with the Town's consultants, shall be responsible for the overall inspection of site improvements. Site plan applicants are deemed to consent to Town officials or their authorized representatives entering upon their property to inspect the progress of required improvements. The Code Enforcement Officer/Building Inspector shall not issue a certificate of occupancy to any property owner who has not completed site improvements required as part of a site plan approval or who has not otherwise posted financial security as a performance guarantee as required in § 101-11.
The Planning Board, in its discretion, may deem as abandoned
any site plan application on which the applicant has for a three-month
period either failed to appear at the Planning Board meetings or has
appeared but has failed to make reasonable efforts to advance the
application towards approval. Prior to deeming an application as abandoned,
the Planning Board shall notify an applicant either at a Planning
Board meeting or in writing that it will at the next Planning Board
meeting make a determination that the application is abandoned. The
determination that an application is abandoned shall not prevent the
submission of a subsequent new application, including fees, which
shall be considered without reference to the prior application.
Any person or persons jointly or severally aggrieved by any
decision of the Planning Board on a site plan approval application
may apply to the Supreme Court of the State of New York for relief
through a proceeding under Article 78 of the Civil Practice Law and
Rules of the State of New York. Such proceeding shall be governed
by the specific provisions of Article 78, except that the action must
be initiated as therein provided within 30 days after the filing of
the Board's decision in the office of the Town Clerk.
A.
A person who knowingly fails to obtain site plan approval prior to
performing work on any piece or parcel of land, which work would require
site plan approval under this chapter, who knowingly occupies a piece
or parcel of land without first obtaining required site plan approval,
or who knowingly occupies a piece or parcel of land without completing
improvements required by a site plan approval issued by the Planning
Board, shall be committing a violation under this chapter punishable
by a maximum fine of $500, 15 days' imprisonment, or both, and each
week such conduct continues is a separate and distinct violation.
B.
Notwithstanding the above criminal remedy, the Town may also commence
a civil proceeding in the Columbia County Supreme Court seeking to
enjoin violations of this chapter.
C.
It shall be the right and the duty of the Code Enforcement/Building
Inspector to administer and enforce the provisions of this chapter.
Any violation of an approved site plan shall be punishable by a maximum
fine of $2,500, and each week such conduct continues is a separate
and distinct violation.
[Added 9-5-2018 by L.L.
No. 2-2018]
D.
If the Code Enforcement/Building Inspector should mistakenly issue
any permit or make any determination which is not authorized or violates
the provisions of this chapter, such permit or authorization shall
be invalid.
[Added 9-5-2018 by L.L.
No. 2-2018]
Fees for site plan approval applications shall be set by resolution
of the Town Board.
[Added 9-5-2018 by L.L.
No. 2-2018; amended 2-3-2021 by L.L. No. 1-2021]
Any applicant having received approval from the Planning Board for land development pursuant to Chapter 101 or 107 of the Town Code shall, as an express condition of any such approval, be responsible for the payment of post-approval escrow fees to the Town to inspect the land development and cover any consultant fees required for compliance with the Town Code and compliance with the site plan and/or subdivision approval, as may be applicable, and to pay for the cost of review, enforcement and approval of field changes. The Planning Board is hereby authorized to increase, decrease, or waive the amount of the required post-approval escrow fee deposit based on an estimate from the Town's consultants.
A.
Site plan
post-approval escrow fee, initial deposit:
|
For Site Plans
(square feet)
|
Fee
|
|---|---|
|
0 to 3,000
|
$3,500
|
|
3,001 to 20,000
|
$7,000
|
|
20,001 to 50,000
|
$14,000
|
|
More than 50,000
|
$28,000
|
[Added 9-2-2020 by L.L. No. 2-2020]
A.
Requirements. Upon issuance of approval of a subdivision plat, site
plan or other plan which shows dwelling units, the Planning Board,
as a condition of approval, shall require the set-aside of parkland
or recreation area and/or the payment by the applicant to the Town
for a sum determined by the Town Board. Such sum shall constitute
a trust fund to be used by the Town exclusively for Town park, playground
or recreation purposes, including the acquisition or improvement of
land.
B.
Establishment of in-lieu payment. Based on an inventory of the Town's
park and recreation facilities, potential new residential development,
including construction of apartment complexes and multifamily dwelling
units, and the park and recreation needs of such new development,
the Town Board determines that the amount of the parkland recreation
fee shall be $200 per dwelling unit. Said amount may be amended from
time to time by resolution of the Town Board. Any subdivision or multifamily
dwelling unit for which a building permit has not been issued prior
to the date of adoption of this chapter shall be subject to the parkland
and recreation fee.
