Prior to the issuance of a building permit or
certificate of occupancy in any district, except for a one-family
dwelling and related accessory uses or a general farming or nursery
use permitted by right, the Director of Planning and Zoning shall
refer the site plan to the Planning Board for its review and approval
in accordance with the standards and procedures set forth in this
article.
[Amended 9-26-2005 by L.L. No. 10-2005]
A sketch plan conference between the Zoning
Enforcement Officer, the Director of Planning and Zoning and/or Planning
Board and the applicant shall be held to review the basic site design
concept and generally determine the information to be required on
the preliminary site plan. At the sketch plan conference, the applicant
should provide the data discussed below in addition to a statement
or rough sketch describing what is proposed:
A.
An area map showing the applicant's entire holding,
that portion of the property under consideration and all properties,
subdivisions, streets and easements within 200 feet of the applicant's
property. Such area map shall be oriented to the nearest street intersection.
B.
If grades exceed 5% or portions of the site are susceptible
to erosion, flooding or ponding, a soils overlay map and a topographic
map, showing contour intervals of not more than two feet of elevation,
shall be provided. In all other instances, unless otherwise requested,
topography at five-foot intervals shall be acceptable.
An application for preliminary site plan approval
shall be made in writing to the Director of Planning and Zoning and
shall be accompanied by information drawn from the following checklist,
as determined necessary at the sketch plan conference, prepared by
a licensed engineer, architect, landscape architect or surveyor:
A.
Preliminary site plan checklist.
(1)
The title of the drawing, including the name and address
of the applicant and the person responsible for preparation of such
drawing.
(2)
North arrow, scale and date.
(3)
Boundaries of the property plotted to scale.
(4)
Existing watercourses.
(5)
A grading and drainage plan, showing existing and
proposed contours at an appropriate interval to be specified at the
sketch plan conference.
(6)
The location, proposed use and height of all buildings.
(7)
The location, design and construction materials of
all parking and truck loading areas, with access and egress drives
thereto.
(8)
Provision for pedestrian access.
(9)
The location of outdoor storage, if any.
(10)
The location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
(11)
A description of the method of sewage disposal
and the location, design and construction materials of such facilities.
(12)
A description of the method of securing potable
water and the location, design and construction materials of such
facilities.
(13)
The location of fire and other emergency zones,
including the location of fire hydrants.
(14)
The location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy.
(15)
The location, size and design and construction
materials of all proposed signage.
(16)
The location and proposed development of all
buffer areas, including indication of existing vegetative cover.
(17)
The location and design of outdoor lighting
facilities.
(18)
The designation of the amount of building area
proposed for retail sales or similar commercial activity so that the
adequacy of parking and other factors may be reviewed.
(19)
A general landscaping plan and planting schedule.
(20)
Other elements integral to the proposed development,
as may be considered appropriate by the Planning Board, including
identification of any state or county permits required for the project's
execution.
The Planning Board's review of a preliminary
site plan shall include, as appropriate, but is not limited to, the
following:
A.
General considerations.
(1)
The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, channelization structures and traffic controls.
(2)
The adequacy and arrangement of pedestrian traffic
access and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and overall pedestrian convenience.
(3)
The location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
The location, arrangement, size, design and general
site compatibility of buildings, lighting and signage.
(5)
The adequacy of stormwater and drainage facilities.
(6)
The adequacy of water supply and sewage disposal facilities.
(7)
The adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or noisedeterring
buffer between the applicant's and adjoining lands, including the
maximum retention of existing vegetation.
(8)
In the case of an apartment complex or other multiple
dwelling, the adequacy of unable open space for play areas and informal
recreation.
(9)
Protection of adjacent or neighboring properties against
noise, glare, unsightliness or other objectionable features.
(10)
The adequacy of fire lanes and other emergency
zones and the provision of fire hydrants.
(11)
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
B.
Consultant review. In its review, the Planning Board
may consult with the Director of Planning and Zoning, town building
inspector, Fire Commissioners, Conservation Council, Highway Superintendent
and other local and county officials, and its designated private consultants,
in addition to representatives of federal and state agencies, including
but not limited to the Soil Conservation Service, the State Department
of Transportation, the State Department of Environmental Conservation
and the New York State Department of State Division of Coastal Resources.
C.
Public hearing. The Planning Board may conduct a public
hearing on the preliminary site plan. If a public hearing is considered
desirable by a majority of the members of the Planning Board, such
public hearing shall be conducted within 45 calendar days of the receipt
of the application for preliminary site plan approval and shall be
advertised in the official newspaper of the town at least five calendar
days prior to the public hearing.
D.
Additional requirements. The Planning Board may require
such additional provisions and conditions that appear necessary for
advancement of the public health, safety and welfare and protection
of the general environment.
A.
Within 60 days of the receipt of any application for
preliminary site plan approval, the Planning Board shall act on it.
If no decision is made by the Planning Board within said sixty-day
period, the preliminary site plan shall be considered approved. The
Planning Board's action shall be in the form of a written statement
to the applicant stating whether or not the preliminary site plan
is approved, disapproved or approved with modifications. A copy of
the appropriate minutes of the Planning Board shall be a sufficient
statement.
B.
The Planning Board's statement may include recommendations
of desirable modifications to be incorporated in the final site plan,
of which conformance with said revisions shall be considered a condition
of approval. If the preliminary site plan is disapproved, the Planning
Board's statement will contain reasons for such findings. In such
case, the Planning Board may recommend further study of the site plan
and resubmission to the Planning Board after it has been revised.
A.
After receiving approval, with or without modifications,
from the Planning Board on a preliminary site plan, the applicant
may prepare a final detailed site plan and submit it to the Planning
Board for approval. If more than six months has elapsed between the
time of the Planning Board's action on the preliminary site plan and
if the Planning Board finds that conditions have changed significantly
in the interim, the Planning Board may require a resubmission of the
preliminary site plan for further review and possible revision prior
to accepting the proposed final site plan review.
B.
The final detailed site plan shall conform substantially
to the approved preliminary site plan. It shall incorporate any revisions
or other features that may have been recommended by the Planning Board
in its preliminary review. All such compliances shall be clearly indicated
by the applicant on the appropriate submission.
C.
The following additional information shall accompany
an application for final detailed site plan approval:
Within 45 days of receipt of the application
for final site plan approval, the Planning Board shall render a decision
to the building inspector. If no decision is made within the forty-five-day
period, the final site plan shall be considered approved.
A.
Upon approval of the final site plan and payment by
the applicant of all fees and reimbursable costs due to the town,
the Planning Board shall endorse its approval on a copy of the final
site plan and shall forward such copy to the building inspector who
may then issue a building permit to the applicant if the project conforms
to all other applicable requirements.
B.
Upon disapproval of a final site plan, the Planning
Board shall inform the applicant in writing of its decision and its
reasons for disapproval. The Planning Board shall also inform the
building inspector who shall deny a building permit or certificate
of occupancy to the applicant.
A.
Reasonable costs incurred by the Planning Board for
private consultation fees or other extraordinary expense in connection
with the review of a proposed site plan shall be charged to the applicant.
Such reimbursable costs shall be in addition to the fee required herein.
B.
The Planning Board may require an applicant for any
review, permit or approval to deposit in escrow an amount established
by the Planning Board to pay for the fees and/or costs of any engineer,
consultant or attorney designated by the Planning Board to review
such application. The fees and/or costs charged by such engineer,
consultant or attorney in connection with such review will be charged
against the sum deposited in escrow. Any amount remaining shall be
returned to the applicant within 45 days of final action on the application.
[Added 4-12-1990 by L.L. No. 1-1990]
No certificate of occupancy shall be issued
until all improvements shown on the final site plan are installed
or a performance guaranty has been posted for improvements not yet
completed. Such performance guaranty shall be posted in accordance
with the procedures specified within § 277 of the Town Law
relating to subdivisions. Other requirements relating to performance
guaranties may be established from time to time by the Town Board.
The amount and sufficiency of such performance guaranty shall be established
by the Planning Board after consultation with the building inspector,
Town Engineer, the Planning Board's designated consultants or other
competent persons.
[Amended 9-26-2005 by L.L. No. 11-2005]
The Building Inspector shall be responsible
for the overall inspection for site improvements, including coordination
with the Town's private consultants, as may be appropriate on multifamily
residential, commercial and industrial projects. The Building Inspector
may delegate inspection of site improvements to the Zoning Enforcement
Officer, who shall prepare a written report regarding the status of
compliance with site plan requirements for the project as may be established
by the Planning Board, Zoning Board of Appeals or Town Board.
Prior to taking action on the preliminary site
plan, the Planning Board shall refer the site plan, where applicable,
to the Rensselaer County Bureau of Planning for advisory review in
accordance with §§ 239-1 and 239-m of the General Municipal
Law.
Whenever the particular circumstances of a proposed development require compliance with either the special use permit procedure in Article X of this chapter or the requirements of the Town Land Subdivision Regulations[1] or the requirements of the State Environmental Quality
Review Act,[2] the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this article with the procedure for such other compliance. If, in the case of the special use permit procedure, review under Article X can occur simultaneously with site plan review, the special use permit fee may be waived by the Planning Board.
