[HISTORY: Adopted by the Town Board of the
Town of Niles 9-14-1995 by L.L. No. 5-1995. Amendments noted where
applicable.]
The intent of this chapter is to provide for
the Planning Board review and approval of site plans for certain uses
in the Town of Niles for one or more of the following purposes:
A.
Mitigating potentially negative impacts resulting
from development of environmentally sensitive areas including floodplains,
steep slopes, the lake shore and lake escarpment and other areas as
may be designated from time to time by the Town Board.
B.
Achieving an acceptable level of compatibility between
new development and existing uses of adjacent land.
C.
Identifying and minimizing adverse effects of development
on drainage, traffic, public utilities, surface and ground water quality,
wildlife habitat and other natural resources and community services.
D.
Preserving and enhancing visual quality in the town
as development occurs.
The following land uses and activities are specifically
exempt from site plan review pursuant to this chapter:
A.
Any project, activity or action related to an existing
farm or agricultural land use.
B.
Normal maintenance or repair of an existing building,
parking area, road, driveway, retaining wall or similar structure.
C.
Uses and structures that are lawfully in existence
as of the date this chapter becomes effective.
D.
New construction of a one- or two-family dwelling
unit and related accessory structures where the Planning Board considers
the proposed site development to have little or no potential for adverse
effects on the environment.
The provisions of this chapter shall apply to all construction not exempt in § 170-2.
In reviewing an application for approval of
a site plan, the Planning Board will be guided by the existing characteristics
and conditions of the site and its surroundings, by any particular
design objectives of the applicant and by the quality and distinctiveness
of the proposal. Unless modified by the resolution of the Planning
Board, the following should be considered acceptable practices. For
each site plan development proposal, the Planning Board shall weigh
and consider all general standards listed in this section, as applicable,
and other specific concerns related to a particular site as may be
identified, in writing, by the Board.
A.
Special attention shall be given to proper site drainage
so the runoff of stormwater will not adversely affect neighboring
properties or produce downstream flooding, or cause excessive turbidity
in Owasco Lake or Skaneateles Lake.
B.
Development on erodible soils, or on slopes of greater
than 10%, shall be designed to minimize erosion during construction
and after construction has been completed.
D.
No commercial or industrial building or use shall
be located less than 50 feet from the lot line of another property
owner. A landscaped buffer strip planted along such lot line may be
required by the Planning Board.
[Amended 7-14-2005 by L.L. No. 1-2005]
E.
To preserve visibility at road intersections and enhance
safety, nothing higher than three feet shall be located or planted
less than 50 feet from the intersection of the road right-of-way lines
as shown on the applicant's sketch.
F.
The Planning Board shall be satisfied that an adequate
amount of off-street parking will be provided for the proposed use.
No off-street parking space shall be less that 10 feet from the road
right-of-way.
G.
All loading and unloading areas and outside storage
areas, including areas for the storage of trash, which face or are
visible from a public road shall be screened from public view by a
vertical screen at least six feet in height. A landscape buffer, or
a combination of landscaping and fencing, may be used to provide the
required screening.
H.
Multiple or extra-wide driveway cuts to provide access
to any site shall be avoided in the site design whenever possible.
On corner lots the location of the driveway cuts shall be approved
by the Planning Board after review and comment, as appropriate, by
the Town Highway Superintendent.
I.
Access and circulation plans for vehicular traffic,
including roadway and intersection design, traffic controls, signage
and lighting, shall be adequate to handle expected traffic volumes.
J.
Exterior lighting, if any, shall be designed and located
so that it does not produce glare on adjacent properties and does
not impede the vision of traffic on the adjacent roads.
K.
Approval of the type and design of any sewage disposal
system shall be obtained from the Cayuga County Health Department.
L.
Insofar as practical, topographic modifications (cut
or fill) that will not be in keeping with adjacent land forms shall
be avoided.
M.
No offensive noise, traffic, odor, smoke, dust, heat,
glare or electrical disturbance shall be produced that cannot be contained
inside a building on the site.
N.
All other applicable state, county and local laws
and regulations shall be complied with.
A.
Application. For all land use activities specified in § 170-3 of this chapter as requiring site plan review, a request for such approval shall be made on forms provided by the Code Enforcement Officer of the Town of Niles.
B.
Site plan requirements.
(1)
Each application for the site plan review shall be
accompanied by a site plan of the proposed land use activity drawn
to a scale of one inch equals 100 feet (another scale may be approved
by the Code Enforcement Officer). Such application and site plan shall
contain the following information, as applicable:
(a)
Name and address of the landowner of record
and the applicant, if not the same; scale of the drawing(s); tax map
number; and acres in parcel.
(b)
An identification map showing the location of
the proposed development relative to the local road system. A tax
map or USGS map is adequate for this purpose.
(c)
Location of the site in relation to abutting
properties and road. Show existing property lines, rights-of-way,
easements and the names of current owners of adjacent property and
property on the opposite side of any road serving the site. County
tax records can be used for this information.
(d)
Existing buildings and land uses on the site
and on the adjacent properties.
(e)
Proposed buildings and land uses, including
approximate location and design of off-street parking areas, access
and egress drives, buffer strips or screening and any proposed new
roads to be built.
(f)
The location of any areas within the one-hundred-year
floodplain.
(g)
The location of any areas designated as a wetland
by the Department of Environmental Conservation or indicated as being
wet on the Soil Survey of Cayuga County of New York, prepared by the
United States Soil Conservation Service.
(h)
The approximate location of any areas, as shown
on the Soil Survey of Cayuga County, where the depth to bedrock is
three feet or less.
(i)
Indication of existing and proposed topography
and drainage systems for the site when this is a consideration (such
as hillside property or areas of poor soils). The Planning Board may
require that pre- and post-development stormwater runoff calculations
be provided.
(j)
Proposed water source and sewage disposal system.
The Planning Board will require percolation tests, deep holes or Health
Department approval of septic systems.
(k)
The location and type of any proposed site lighting.
(l)
The location, size and design of any proposed
sign shall be submitted for Board approval.
(m)
Location and type of any proposed site landscaping,
including buffer strips and screening, as required.
(n)
Brief statement describing the project, the
type of building material to be used and the method of operation.
(o)
Environmental assessment on the forms provided
by the Code Enforcement Officer.
(2)
Any of the above site plan requirements may be waived
by the Board if circumstances warrant. The Planning Board may request
additional information when this is necessary to make an informed
judgment about the proposal. Such additional information shall be
requested, in writing, after discussion with the applicant.
C.
Plan approval.
(1)
Hearing. Before a decision is made on an application
for the site plan approval, the Planning Board shall hold a public
hearing on such application. Such hearing shall be held within 45
days from the date the complete application is submitted to the Board
and shall be duly advertised. Notice of such hearing shall be provided
by mail to all adjacent property owners.
[Amended 10-12-2017 by L.L. No. 3-2017]
(2)
Decision. Within 45 days from the date of the hearing,
or from the date an application is submitted to the Board, if no hearing
is held, a decision to approve, with or without modification, or disapprove
the application shall be made by the Board. Such forty-five-day period
may be extended by mutual consent of the applicant and the Board.
(3)
At the conclusion of the site plan review, the applicant
will draft a final plan which will be submitted to the Board for approval
and placement in the records of the the Town of Niles. The Board may
require the final plan to be prepared by a professional engineer or
architect.
D.
Environmental determination. In reviewing an application
for approval of a site plan, the Board shall make a determination
on the environmental impact of the proposal in accordance with the
provisions of Part 617 of the New York State Environmental Conservation
Law. A long-form environment assessment or an environmental impact
statement may be required by the Board before an environmental assessment
is made.
E.
Building and use permit. When an application for approval
of a site plan has been approved in accordance with the revisions
of this chapter, with or without modification, a building and use
permit shall be issued by the Code Enforcement Officer if there is
also compliance with all other state, county and local code requirements.
All required modifications established as a result of the site plan
review procedure shall be conditions of building and use permit.
F.
Performance guaranty. The Board may require the applicant
to provide a performance guaranty to assure that the proposed project
will be completed in accordance with the provisions and conditions
of the approved site plan. The type and the amount shall be determined
by the Town Board.
A.
Any person, firm, corporation or other party violating
the provisions of this chapter, or who shall build in violation of
any detailed statement of specifications or plans submitted and approved
pursuant to the provisions of this chapter, shall be deemed guilty
of an offense punishable by a fine of not exceeding $250 or to imprisonment
for a period not exceeding 15 days, or to both such fine and imprisonment,
for each and every violation and for each and every week that such
violation continues.
[Amended 3-9-2000 by L.L. No. 2-2000]
B.
In addition to other penalties, the Town of Niles
may institute any appropriate action or proceeding to prevent the
unlawful erection, construction, alteration or use of any building
or land in violation of the requirements of this chapter.
Any person aggrieved by any decision of the
Town of Niles Board or any officer, department or board of the Town
of Niles may apply to the Niles Board of Appeals. Such proceedings
shall be instituted within 30 days after the filing of a decisions
in the office of the Town Clerk.
A.
The Town Board may, on its own motion, on petition
or on recommendation of the Planning Board, after public notice and
hearing, amend this chapter pursuant to all applicable requirements
of the law.
B.
All proposed amendments originating by petition, or
by motion of the Town Board, shall be referred to the Planning Board
for report and recommendation therein. The Planning Board shall submit
its report within 30 days after receiving such referral. Failure of
the Board to report within the required thirty-day time period shall
be deemed to constitute a recommendation for approval of the proposed
amendment.
[Added 3-10-2022 by L.L. No. 1-2022]
As used in this chapter, the following terms shall have the
meanings indicated:
A building comprising a place of residence to be occupied
exclusively by no more than one family.
A building comprising a place of residence to be occupied
exclusively by no more than two families.
Any number of individuals related by blood, marriage or adoption,
or not more than five unrelated individuals 18 years of age or older,
living together as a single housekeeping unit sharing one common kitchen
facility.
