The intent of this article is to provide for
the review of site plans for certain land use activities in the Town
of Ontario for the purpose of preserving and enhancing the character
of a neighborhood, achieving compatibility with adjacent development,
mitigating potentially negative impacts on traffic, parking, drainage
and similar environmental concerns, improving the overall visual and
aesthetic quality of the Town and increasing the capability of this
zoning chapter to adapt to a variety of unique circumstances.
[Amended 9-21-2020 by L.L. No. 5-2020]
A.
Any land use or activity requiring site plan review and approval by the Town Planning Board shall comply with the provisions of this Article XIV. No building or use permit shall be issued by the Code Enforcement Officer until approval of such site plan, with or without conditions, has been given by the Planning Board.
B.
All land uses and/or activities shall require an approved site plan,
except for the following:
(1)
Accessory structures.
(2)
Building integrated, roof-mounted and small-scale ground-mounted
solar energy system.
(3)
Enclosed storage as an accessory use.
(4)
Farm.
(5)
Newspaper vending machine.
(6)
Private boat, travel or camp trailer.
(7)
Private garage.
(8)
Roadside stand.
(9)
Satellite dish.
(10)
Short-wave/ham radio antenna.
(11)
Sign.
(12)
Winery.
In reviewing an application for site plan approval,
the Planning Board must find that the application meets the following
criteria:
A.
A harmonious relationship between such land use activity
and uses located on adjacent lots and in adjacent zoning districts.
B.
The safety of vehicular access and egress from the
site to existing and proposed roads.
C.
The effectiveness of on-site circulation and parking
facilities with particular attention to pedestrian and vehicular safety.
D.
The adequacy of landscaping and setbacks as a way
of mitigating adverse environmental impacts and achieving compatibility
with adjacent property.
E.
An adequate solution to the question of surface water
drainage and the provision of water and sewer services.
A.
Presubmission conference. Prior to the preparation
of a site plan for presentation to the Planning Board in its final
form, the applicant may prepare a sketch plan and meet informally
with a member(s) of the Board or designee to consider the specifics
of the proposed use or development, the character of the neighborhood,
special features of the site and any environmental concerns. Such
sketch plan should be submitted five calendar days prior to a Planning
Board meeting, with sufficient information to enable a clear understanding
of the proposal.
B.
Final site plan.
(1)
A final site plan shall be submitted to the Planning
Board at least 21 calendar days prior to the meeting at which consideration
of such plan is to be given if the plan has county implications. The
plan shall contain the following information, as applicable:
(a)
Location, name and address of the owner; name
of the plan designer and engineer (if any) working on the proposed
project.
(b)
Identification map showing the location of the
site in the Town of Ontario and relationship to the existing road
system.
(c)
Scale, North arrow and date and present zoning
and setback requirements.
(d)
Identification of property owners and existing
land uses for all abutting sites and showing existing property lines,
rights-of-way and easements.
(e)
Existing and proposed buildings, including the
approximate location of parking on and access to the proposed site
and to abutting properties. Common drives on property lines are encouraged.
(f)
The location of all wetlands and land located
in the one-hundred-year floodplain.
(g)
Indication of existing and proposed topography
and drainage systems for the site. When this is a consideration due
to topography or low land, a topographic survey and drainage plan
may be required by the Planning Board before action is taken.
(h)
Any engineering drawings or documentation that
may be required for utility hookups, septic tank installations or
public improvements.
(i)
Landscaping.
[1]
In Business Transitional (BT), Business (B),
Industrial (I), Public Utility and Adult Entertainment (AE) Districts,
existing major vegetation (trees and shrubs) and indication of proposed
landscaping treatment, including species, sizes and approximate locations.
[2]
In Business Transitional (BT), Business (B),
Urban Residential (UR) on Route 104, Industrial (I), PUD, Public Utility
and Adult Entertainment (AE) Districts, a green space shall be required
that shall begin at the road right-of-way property line and run parallel
to it, excluding the exit and entry only. Such green space shall be
of a reasonable width so as to provide suitable screening and enhance
the overall quality of the site. There shall be no displays within
the green space, and it shall be maintained. One freestanding sign
with menus is permitted within the green space. Behind the front setback
there shall be no cutting of existing trees over six inches in diameter
within 10 feet of property lines. If such cutting is necessary, such
tree will be replaced.
(j)
Drawings or sketches that illustrate the height,
bulk and design characteristics of any proposed buildings in B, BT,
I, PUD, Public Utility and Adult Entertainment Districts shall indicate
exterior color and primary materials to be used, for information purposes
only.
(k)
Narrative description of how the proposed building,
land use or site design will fit into the surrounding neighborhood.
(l)
Sketches indicating the location, size and design
of any sign or site lighting to be used on the proposed site.
(m)
Any other information that may be reasonably
required by the Planning Board to explain the proposal.
(2)
Any of the above final plat requirements may be waived
or modified by the Planning Board when conditions warrant. Documentation
of such waivers shall be included, in writing, in the records of the
application.
C.
Planning Board review. The Planning Board shall review the application, in accordance with the procedures required by New York State Town Law provisions, to determine compliance of the plans with the requirements set forth in this § 150-38.
D.
Standards for approval of site plans.
(1)
In reviewing applications for approval of site plans,
the Planning Board will be guided by the existing characteristics
and conditions of the site and its surroundings and the particular
requirements of the applicant. Elements of concern will include but
not be limited to the following:
(a)
Movement of vehicles and people.
(b)
Public safety and the adequacy of public utilities
services needed at the site.
(c)
Off-street parking and the access and egress
thereto, including the adequacy of existing roads to serve the proposed
project.
(e)
Site drainage, landscaping, buffering, views
or visual character.
(f)
Signs and site lighting.
(g)
Architectural features, materials and colors.
(h)
Compatibility with the general character of
the neighborhood.
(i)
Other considerations that may reasonably be
related to health, safety and general welfare.
(2)
Other performance standards may be established by
the Planning Board from time to time to be used as guidelines in the
site plan review process. Such standards will be applicable to all
applications for site plan review.
E.
Environmental assessment. If, in the judgment of the
Planning Board, approval of a proposed land use activity over which
it has jurisdiction for site plan approval could have a significant
environmental impact, no final approval shall be given until the environmental
requirements set forth in Part 617 of the State Environmental Quality
Review Act have been complied with.
[Added 7-14-2008 by L.L. No. 3-2008]
A site plan approval granted pursuant to the
provisions of this article shall expire three years from the date
granted unless a certificate of occupancy or conditional certificate
of occupancy for such site has been issued by the Code Enforcement
Officer within such three-year time period.
