[Amended 3-26-2007 by L.L. No. 2-2007; 6-17-2013 by L.L. No.
1-2013]
A. Authority. This article is enacted pursuant to the authority granted
to the Town Board of the Town of Tonawanda in Article 16 of the Town
Law of the State of New York and § 10 of the Municipal Home
Rule Law of the State of New York. This article now supersedes and
modifies § 274-a of the Town Law of the State of New York
in that procedures are included herein for an optional sketch plan
review process, a preliminary site plan review process and a final
site plan review process.
B. Purpose and intent.
[Amended 8-29-2016 by L.L. No. 1-2016]
(1)
The purpose of this article is to define procedures for the
Town Planning Board with assistance from the Town's Development Services
Staff for review of development proposed throughout the Town to ensure
that design elements are in compliance with the protection of the
health, safety and overall welfare of the community. The intent of
site plan review is to evaluate site plans and require changes consistent
with minimizing conflicts which may result between the site layout
and design of proposed uses and natural site conditions and features
and/or existing or planned adjacent uses. Site plan review is also
responsible for ensuring that development comply with clearly calculated
planning goals and policies such as are provided in the Town's Comprehensive
Plan and other area-specific planning documents.
(2)
Toward these ends these regulations provide site plan review
submission requirements and evaluation criteria to allow the Town
Planning Board, with assistance from the Town's Development Services
Staff, to make a fair and informed decision as to whether the development,
as proposed, is in compliance with concern for the health, safety
and welfare of the environment, Town residents and adjacent uses.
C. Town Planning Board authority to review site plans. The Tonawanda
Town Board authorizes the Town Planning Board to review, approve,
approve with modifications or disapprove site plans on a Town-wide
basis. The Town's Development Services Staff are authorized to review
and make recommendations to the Planning Board on these site plans.
In this regard, the Town's Development Services Staff are authorized
to recommend such reasonable conditions and restrictions as are directly
related to and incidental to a proposed site plan. The Planning Board
shall review and may approve such conditions and restrictions and
add any additional ones it finds reasonable which shall constitute
a final site plan. Before final approval, the Planning Board must
complete SEQR.
[Amended 8-29-2016 by L.L. No. 1-2016]
[Amended 3-26-2007 by L.L. No. 2-2007; 6-17-2013 by L.L. No.
1-2013]
A. Uses requiring site plan approval. Prior to the issuance of a building
permit in any zoning district or a permit for a change in use or approval
of a special use, the Town shall require site plan review in accordance
with the provisions of this article. Site plan review is required
for all new land use activities, including new structures, new uses,
expansions of existing structures, excavation operations, new special
uses and legal conversions of existing buildings to other uses, except
those specifically exempted in the following section.
[Amended 8-29-2016 by L.L. No. 1-2016]
B. Exempted uses. The following land use activities are exempted from
the site plan review requirements of this article.
(1)
Construction of a single one- or two-family dwelling on an approved
building lot, including residential subdivisions, meeting the dimensional
requirements of this chapter. This exemption does not apply to proposed
residential projects in the W-R and W-1 Districts.
(2)
Permitted accessory structures to one- and two-family dwellings.
(3)
Ordinary repair or maintenance or interior alterations to existing
structures or uses. For industrial or commercial structures, this
exemption is limited to alterations that do not substantially change
the nature or use, including additions or alterations which will not
increase the gross floor area of the existing structure by more than
25% or 20,000 square feet, whichever is smaller, within any three-year
period.
(4)
Exterior alterations or additions to one- and two-family dwellings.
(5)
Incidental landscaping or grading.
C. Existing uses and structures. This article does not apply to uses
and structures that are lawfully in existence as of the date this
article is adopted. Any use that would otherwise be subject to this
article, which has been discontinued for a period of six months or
more, shall be subject to review pursuant to the terms herein defined
before such use is resumed. Any use or structure shall be considered
to be in existence; provided that such use or structure has started
construction prior to the effective date of this article and is fully
constructed and completed within one year after the effective date
of these regulations.
D. Uncertain applicability. Any person uncertain of the applicability
of the provisions of this article to a given land use activity may
apply in writing to the Town's Planning and Development Department
for a written jurisdictional determination. This determination may
be appealed by the applicant to the Town's Zoning Board of Appeals.
[Amended 8-29-2016 by L.L. No. 1-2016]
[Amended 8-29-2016 by L.L. No. 1-2016]
A. Site plan review and approval process. Site plan review shall follow
a two-step process: preliminary site plan review and final site plan
review and approval. For significant or complex projects, there is
an optional sketch plan step which precedes the review process and
may be undertaken to expedite the site plan approval process.
B. Optional sketch plan submission.
(1)
The applicant may request a sketch plan conference to be held
between the Town's Planning and Development Department and the applicant
prior to the preparation and submission of a formal site plan. The
conference provides the Town's Development Services Staff with an
opportunity to review the basic site plan concept, to advise the applicant
as to potential problems and concerns and to review with the applicant
submission requirements to generally determine the information to
be required with the site plan. The sketch plan conference is also
an opportunity to discuss development plans for the applicant's entire
holdings, including phasing, and to define the project and phases
to be submitted for site plan review.
(2)
At the sketch plan conference, the Town's Planning and Development
Department will determine if the proposal is in conformity with the
adopted Town Comprehensive Plan and any other approved plans. To the
extent feasible, the Town's Development Services Staff shall provide
the applicant with an indication of whether the proposal, in its major
features, is acceptable or should be modified before expenditures
for more detailed plans are made.
(3)
In order to accomplish these objectives, the applicant shall
provide three copies of the following information at a date specified
by the Town prior to the date when the Town's Development Services
Staff will discuss the sketch plan:
(a)
A sketch plan shall include the locations and dimensions of
principal and accessory structures, locations of ingress and egress,
parking areas, signs, existing and proposed vegetation and other existing
or planned features; a narrative describing anticipated changes to
existing topography and natural features; a description of environmentally
sensitive features, including all regulated wetlands, and proposals
for their protection; proposed water supply and sewage and waste disposal
facilities; provisions for stormwater drainage, recreation and open
space; and, where applicable, measures and features to comply with
flood hazard and flood insurance regulations.
(b)
A map showing the applicant's entire holdings, the parcel under
consideration for site plan review and a general description of all
properties, subdivisions, streets, rights-of-way, easements and other
pertinent features within 500 feet of the boundaries of the parcel,
including property uses.
(c)
Developers of land adjoining state or county highways are advised
to consult with the District Engineer of the New York State Department
of Transportation or County Highway Superintendent at the sketch plan
stage in order to resolve problems of street openings or stormwater
drainage at the earliest possible stage in the design process.
(4)
Upon review of the sketch plan, the Town's Development Services
Staff may waive requirements for submission of application materials.
Submission requirements shall only be waived for developments for
which, due to character, size, location or special circumstances,
such information is not required in order for the Town's Development
Services Staff to properly perform site plan review. In this regard,
a finding must be made by Development Services Staff that such requirements
are not requisite in the interest of the public health, safety or
general welfare or inappropriate to a particular site plan.
(5)
Within six months of the optional sketch plan and/or the sketch
plan conference, the applicant shall submit to the Town's Planning
and Development Department a copy of the preliminary site plan and
any related information. This information shall be submitted to the
Town's Planning and Development Department 10 days prior to the meeting
at which acceptance is requested. If six months elapses between the
original sketch plan submittal and the submission of the preliminary
site plan, a resubmission of an updated sketch plan may be required.
C. Procedures for preliminary site plan review.
(1)
Preapplication procedures. Prior to the submission of the preliminary
site plan, the applicant may meet with the Director of Community Development
or designated representative to discuss the proposal. The purpose
of such a meeting is to make clear all Town requirements and subsequent
steps necessary in the site plan approval process. The applicant will
be informed of the optional sketch plan conference with the Town's
Development Services Staff. Prior to submission of the preliminary
site plan, the applicant shall meet with the Director of Community
Development or his designated representative to discuss specific concerns
of the Town's Development Services Staff.
(2)
Application for preliminary site plan acceptance. To apply for preliminary site plan acceptance, an applicant shall complete a preliminary site plan application with contents in accordance with Subsection
D of this section, which application can be obtained from the Town Clerk or the Town's Planning and Development Department. The application form shall specify the number of copies of each map and the report that must be submitted for preliminary site plan acceptance. The application form shall be filed with the Planning and Development Department together with the nonrefundable application fee. The application fee shall be set by the Town Board by resolution.
(3)
Acceptance of preliminary site plan application. The Town's
Planning and Development Department shall, within 30 days of a preliminary
site plan application being filed, determine whether to accept the
application as ready for processing and begin the review process or
to reject the application as not ready for processing. Applications
deemed not ready shall be returned to the applicant, without prejudice,
with a letter stating the application's deficiencies.
(4)
Segmentation. The preliminary site plan application and associated
maps shall include all proposed phases of development. Preliminary
site plan acceptance shall be based on the total planned project in
order to facilitate the assessment of all potential development impacts.
The Town's Planning and Development Department shall consider applications
not ready for processing where there is reason to believe the application
applies to only a segment of the total planned development. In such
situations, the Town's Planning and Development Department shall return
such application to the applicant together with a letter stating the
basis for its determination.
(5)
Referral to other agencies and boards.
(a)
Coordinated review. The Town's Planning and Development Department
may refer the preliminary site plan for review and comment to the
Town Planning Board, local and county officials or their designated
consultants.
(b)
Required referral. Before final acceptance of the preliminary
site plan, and where applicable, the Town's Planning and Development
Department shall refer the plan to the Erie County Department of Environment
and Planning for its review and approval, pursuant to § 239-m
of the General Municipal Law of the State of New York.
(c)
Where appropriate, in waterfront designated districts, the preliminary
site plan information submitted for acceptance shall be sent to the
New York State Department of State.
(6)
The Director of Community Development shall certify on each
preliminary site plan or amendment whether or not the plan meets the
requirements of all zoning and subdivision regulations other than
those of this article regarding preliminary site plan acceptance.
(7)
The Director of Community Development, upon completion of preliminary
site plan review, shall state any conditions which the applicant must
meet prior to receiving preliminary site plan acceptance for review
by the Planning Board.
(8)
In the case of a proposed development which is phased over a
number of years, the applicant shall submit an overall plan for the
total development of the project and a phasing plan. If the overall
plan for this project is approved and the first phase of the project
is approved, then the first phase of the project continues on to final
site plan review and approval. If there is no substantial change in
the overall plan or the phasing plan of the project, each succeeding
phase of the development need only be reviewed for final site plan
approval. If there are substantial changes to the overall plan or
the phasing plan, the Director of Community Development shall require
subsequent phases to go through preliminary site plan review.
(9)
The Town's Planning and Development Department shall conduct a review of the preliminary site plan in accordance with Subsection
E of this section.
(10)
Action taken on application.
(a)
The Town Planning Board shall act on this application within
45 days after the applicant has been notified that the preliminary
site plan application has been accepted as complete ready for processing
by the Town's Planning and Development Department, unless the deadline
is extended by mutual consent. The forty-five-day review period does
not begin until such time that the Town's Planning and Development
Department notifies the applicant that the application is ready for
processing and the materials submitted are acceptable for review.
(b)
The Development Services Staff may include recommendations of
modifications to be incorporated in the final site plan, and conformance
with said modifications shall be considered a condition of approval.
If the preliminary site plan is found to not be acceptable, the Planning
Board shall state the reasons for such findings. In such a case, the
Planning Board may recommend further study of the site plan and resubmission
to the Town's Planning and Development Department after it has been
revised or redesigned.
(11)
State Environmental Quality Review Act compliance. The applicant
shall demonstrate compliance for any actions subject to SEQR prior
to final site plan approval. The SEQR determination shall be made
by the Planning Board upon recommendation by the Town SEQR Committee
before the Planning Board approves the final site plan.
D. Content of the preliminary site plan.
(1)
Any person, before applying for a building permit, change of
use or special use permit, or before undertaking any new land use
activity at any location within the Town for which this article requires
preliminary site plan review, shall submit a preliminary site plan
together with appropriate supporting information to the Town's Planning
and Development Department for review and approval in accordance with
the requirements, standards and procedures set forth in this article.
(2)
All such preliminary site plan maps and accompanying
reports shall be prepared by a civil engineer or surveyor licensed
to practice in the State of New York. Such plans and information shall
be of sufficient detail to permit an adequate review by an architect,
civil engineer, surveyor, land planner or other competent person.
The preliminary site plan shall be drawn at a scale of 50 feet to
one inch or larger. The Town Development Services Staff may, at its
discretion, waive any preliminary site plan submission requirements
which are not relevant to the proposed use and site. Generally, the
preliminary site plan shall include the following information:
(a)
Legal data.
[1]
The name and address of the owner of record.
[2]
The name and address of the person, firm or organization preparing
the map.
[3]
The date, North point and written and graphic scale.
[4]
Sufficient description or information to define precisely the
boundaries of the property. All distances shall be in feet and tenths
of a foot. All angles shall be given to the nearest 10 seconds or
closer. The error of closure shall not exceed one in 10,000.
[5]
The locations, names and existing widths of adjacent streets
and curblines.
[6]
The locations and owners of all lands within 200 feet of the
site boundaries, as shown on the latest tax records, and Tax Map identification
numbers.
[7]
The location, width and purpose of all existing and proposed
easements, setbacks, reservations and areas dedicated to public use
within or adjacent to the property, to include public infrastructure
as well as parks, walkways, accessways and permanent open space.
[8]
A complete outline of existing deed restrictions or covenants
applying to the property.
[9]
Existing zoning within 500 feet of the site's perimeter.
[10] Tape location map and the distance to the nearest
public street right-of-way intersection.
(b)
Natural features.
[1]
Existing contours with intervals of two feet
or less, referred to a datum satisfactory to the Town Building Department.
[2]
The approximate boundaries of any areas subject
to flooding or stormwater overflows.
[3]
The location of existing watercourses, New York
State and federal wetlands, wooded areas, rock outcrops, trees with
a diameter of six inches or more measured three feet above the base
of the trunk and other significant existing features.
[4]
A grading plan including stabilization and erosion
control measures to be used during and after construction.
(c)
Existing structures, utilities, communication
facilities and other features.
[1]
The size and location of uses and outlines of
all existing structures, drawn to scale, on and within 100 feet of
the lot line.
[2]
Paved areas, sidewalks and vehicular access
between the site and public streets.
[3]
Traffic flow patterns within the site, entrances
and exits, loading and unloading areas and curb cuts on the site and
within 200 feet of the site boundary. The Town Building Department
may, at its discretion, require a detailed traffic study for large
developments or for those in heavy traffic areas to include:
[a] The projected number of motor vehicle
trips to enter or leave the site, estimated for dairy and peak hour
traffic intervals.
[b] The projected traffic flow pattern,
including vehicular movements at all major intersections, likely to
be affected by the proposed use of the site to.
[c] The impact of this traffic upon
existing abutting public and private ways in relation to existing
road capacities and intersection levels of service. Existing and proposed
daily and peak hour traffic volume as well as road capacities and
intersection levels of service shall also be given.
[4]
The locations, dimensions, grades and flow direction
of existing sewers, drainage ditches, culverts and water lines, as
well as other communication facilities or underground and above round
utilities within or adjacent to the property.
[5]
Other existing development, including fences,
retaining walls, landscaping and screening.
[6]
Historic or archaeological resources on or adjacent
to the site.
(d)
Proposed development.
[1]
The location, size (in acres or square feet), type of construction
and exterior dimensions of proposed buildings or structural improvements.
For residential uses, information to include the number of units by
type and the gross density per acre. For commercial and industrial
structures, identify the amount of gross floor area proposed for retail
sales, services, offices and other uses. In all cases, the relationship
of various uses and buildings to one another and their scale must
be clearly shown. (Note: Elevations and/or sections illustrating front,
rear and side profiles drawn to the same or larger scale as the site
development plan may be required by the Town Building Department or
Planning Board. The elevations and/or sections shall clearly delineate
the bulk and height of all buildings and other permanent structures
included in the proposal and the height and dimension of all signs.)
[2]
The location and design of all uses not requiring structures,
such as off-street parking and loading areas and solid waste storage
areas.
[3]
The location, direction, power and time of use for any proposed
outdoor lighting.
[4]
The location, size, design and materials for all proposed permanent
outdoor signs.
[5]
The location and arrangement of proposed means of access and
egress and on-site circulation, including sidewalks and other pedestrian
access, driveways, fire lanes and other emergency zones or other paved
areas. Profiles indicating grading and cross sections showing width
of the roadways, location and width of sidewalks and construction
materials.
[6]
A landscaping plan showing location, type and size of all proposed
plantings, including trees, shrubs and ground coverings, as well as
a planting schedule. The dimensions of any required landscaped screening
or buffer areas shall be clearly marked.
[7]
The description of the water supply system, including location
and size of all proposed water lines, valves and hydrants, and of
all sewer lines and alternate means of water supply, storm and sanitary
sewer.
[8]
An outline of any proposed easements, deed restrictions or covenants.
[9]
Any contemplated public improvements on or adjoining the property.
[10] Any proposed new grades, indicating clearly how
such grades will meet existing grades of adjacent properties.
[11] A drainage plan showing existing and proposed
watercourses, proposed detention/retention facilities and calculations
of the impact to existing drainage created by the proposed development.
(Note: Contour intervals of one or two feet may be required where
appropriate for grading and drainage plans.)
[12] The location of outdoor storage and the waste
receptacles and proposed screening for such.
[13] The location and construction materials of all
existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
[14] The location, design and construction materials
of all energy generation and distribution facilities, including electrical,
gas and solar energy.
[15] If the site plan indicates only a first stage,
a supplementary plan shall indicate ultimate development.
[16] The percentage of the site dedicated to the provision
of open space and the location and development of all proposed buffer
areas, including indication of proposed vegetative cover.
[17] Any setbacks of other dimensional information
required by this chapter.
[18] A record of applications and approval status of
all necessary permits from federal, state, county and local agencies.
[19] The estimated project construction schedule.
[20] An estimate of the total cost of the proposed
site improvements which shall be confirmed by the Code Enforcement
Officer or Town Engineer.
(e)
The following additional submission requirements apply to preliminary
site plans for projects within the W-MU, WB, RHC and WID Districts:
[1]
Elevation plan and building material details for all buildings,
facades or structures visible from existing or proposed public streets
or open spaces, including the Niagara River.
[2]
The location of existing and proposed pedestrian and bicycle
public accessways on and within 200 feet of the site boundaries, including
clear demarcation of striping and signage designed to maintain separation
of passenger and commercial vehicles, pedestrian and bicycle circulation.
[3]
For proposed projects in the WB, RHC, WMU and WID Districts,
graphic representation of existing and proposed views across the site
to the Niagara River from public streets and open spaces.
(f)
Any other information required by the most current checklist
prepared by the Town's Development Services Staff in order to conduct
its review or information requested at the sketch plan conference.
(g)
Any other information deemed by the Town's Development Services
Staff to be necessary to determine conformity of the site plan with
the spirit and intent of this article and the Town Comprehensive Plan
or other adopted planning studies.
(h)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter
73, Stormwater Management, of the Code of the Town of Tonawanda, if applicable. The SWPPP shall meet the performance and design criteria and standards in §
73-9 of the Code of the Town of Tonawanda. The approved final plat shall be consistent with the provisions of Chapter
73 of the Code of the Town of Tonawanda.
E. Preliminary site plan review guidelines.
(1)
Factors for consideration during preliminary site plan review.
The Town's Planning and Development Department's review of a preliminary
site plan shall include, but is not limited to, the following considerations:
(a)
The adequacy and arrangement of vehicular traffic access and
circulation, including intersections, road widths, channelization
structures and traffic controls.
(b)
The adequacy and arrangement of pedestrian traffic access and
circulation, including separation of pedestrians from vehicular traffic,
sidewalks, linkages, control of intersections with vehicular traffic
and pedestrian convenience.
(c)
The location, arrangement, appearance and sufficiency of off-street
parking and loading areas.
(d)
The location, arrangement, size, design and general site compatibility
of buildings, lighting and signs. Such consideration may include compatibility
of construction materials, design and theme relationship of uses by
type and scale.
(e)
The adequacy, type and arrangement of trees, shrubs and other
landscaping constituting a visual and/or noise deterring buffer between
the proposed use and adjoining uses or properties or between uses
on the site.
(f)
In the case of an apartment complex or multiple dwellings, the
adequacy of usable open space for playgrounds and informal recreation.
(g)
The adequacy of stormwater management and sanitary waste disposal
facilities.
(h)
The protection of adjacent properties from noise, glare, unsightliness
or other objectionable features.
(i)
The adequacy of water supply facilities.
(j)
The adequacy of structures, roadways and landscaping in areas
susceptible to flooding, ponding or erosion.
(k)
The preservation of and compatibility with natural features
and surrounding uses.
(l)
The overall impact on the neighborhood, including compatibility
of design and effect on the environment.
(m)
Conformance with the Town Comprehensive Plan and other plans
which the Town uses as a guide for appropriate development.
(2)
Standards for review and design. The Town Planning Board, in
reviewing site plans, shall consider the standards set forth below:
(a)
All buildings in the plan shall be integrated with each other
and with adjacent buildings and shall have convenient access to and
from adjacent uses.
(b)
Individual buildings shall be related to each other and to structures
and open spaces in the surrounding area in architecture, design, mass,
materials, placement and connections to harmonize visually and physically.
(c)
Treatment of the sides and rear of all buildings, where appropriate,
based on visibility, shall be comparable in amenity and appearance
to the treatment given to street frontages of these same buildings.
(d)
The design of buildings and the parking facilities shall take
advantage of the natural topography of the project site where appropriate.
(e)
All buildings shall be arranged to avoid undue exposure to concentrated
loading or parking facilities, wherever possible, and shall be oriented
to preserve visual and auditory privacy between adjacent buildings.
(f)
All buildings shall be accessible to emergency vehicles.
(g)
Landscaping shall be an integral part of the entire project
area and shall buffer the site from and/or integrate the site with
the surrounding area, as appropriate.
(h)
Primary landscape treatment shall consist of shrubs, ground
cover and shade trees and shall combine with appropriate walks and
street surfaces to provide an attractive development pattern. Landscape
materials selected should be appropriate to the growing conditions
of the Town's environment.
(i)
Whenever appropriate, existing trees shall be conserved and
integrated into the landscape design plan.
(j)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways, off-street
parking and loading space. Such circulation activities should be segregated
wherever possible.
(k)
Roads, pedestrian walks and open space shall be designed as
integral parts of an overall site design, be properly related to existing
and proposed buildings and be appropriately landscaped.
(l)
Buildings and vehicular circulation areas shall be arranged
so that pedestrians moving between buildings are not unnecessarily
exposed to vehicular traffic.
(m)
Landscaped, paved or appropriately surfaced and comfortably
graded pedestrian walks shall be provided along the lines of the most
intense use, particularly from building entrances to streets, parking
areas and adjacent buildings.
(n)
The materials and design of paving, light fixtures, retaining
walls, fences, curbs, benches, etc., shall be of good appearance,
easily maintained and indicative of their function.
(o)
Lighting shall be adequate to provide safety and security. Lighting
shall generally illuminate only the site in question and shall definitely
not negatively impact adjacent uses.
(p)
Parking facilities shall be landscaped and screened from public
view to the extent necessary to eliminate unsightliness and the monotony
of parked cars.
(q)
Parking facilities shall be designed with regard for orderly
management, topography, landscaping and ease of access and shall be
developed as an integral part of an overall site design.
(r)
Any above-grade loading facility shall be screened from public
view to the extent necessary to eliminate unsightliness.
(s)
Off-street parking and loading requirements required in this
chapter shall be satisfied.
(t)
Drainage of the site and surface waters flowing therefrom shall
not adversely affect adjacent properties or public roadways.
(u)
All site improvements, where required, shall comply with the
requirements of the Americans With Disabilities Act.
(3)
Criteria for review of design in Waterfront (WMU, WB, RHC and
WID) Districts only. There are some additional aspects of development
activities in the waterfront districts that are likely to impact the
health, safety and general welfare of the community and the goals
of the Waterfront Region Master Plan. Therefore, site plans in these
districts are subject to the following additional review standards
except where specifically limited to one or more of the districts.
Such standards may be waived by the Town Planning Board as part of
its site plan review authority if the proposed development is in keeping
with the intent of this chapter and the Waterfront Region Master Plan
and offers an innovative development/design solution for the site
in question. In this regard, a finding must be made by the Planning
Board that any such requirements are not requisite in the interest
of the public health, safety or general welfare or inappropriate to
a particular site plan.
(a)
Buildings with long unbroken, unfenestrated walls should be
avoided. Variation in building footprint, exterior wall offsets, facade
textures and treatments and rooflines are encouraged to create a visually
interesting though cohesive design impact.
(b)
All buildings shall have durable exterior finish materials that
cover all exterior walls. Generally, buildings are expected to have
brick or other finish masonry, stone, precast concrete, finish grade
wood (such as clapboard or shingle) or their equivalent or better
for exterior finish. In proposing other exterior building materials,
the applicant must show that the material is appropriate to the use
proposed and will not significantly impact the overall visual quality
of the waterfront experience. The most stringent quality standards
will be applied to buildings in locations most visible to people in
public spaces enjoying the waterfront experience.
(c)
Facades of buildings that face public open space, public streets
and bicycle/pedestrian pathways shall include design features such
as building entries, windows, arcades, overhangs, canopies and related
elements that create visual interest. Such architectural elements,
finish colors and building lighting shall be coordinated to create
a coherent and visually pleasing impression. Extensive uninterrupted
blank walls shall not be permitted.
(d)
It is especially important in the waterfront districts to design
on-site circulation to minimize conflicts between passenger and commercial
vehicles, bicycles and pedestrians. Therefore, separated circulation
should be provided to the extent practicable. Clear identification
of biking and walking paths through striping and/or signage is required
within parking areas and at driveways and road crossings. Common driveways
and interconnected parking areas should be provided whenever possible
to minimize the number of curb cuts and to concentrate and control
turning movements on to River Road or other collector roads.
(e)
Bicycle and walking paths should be parallel to major roadways
or driveways and shall form an interconnected network of path facilities
within a property or group of properties. Wherever practicable, every
effort should be made to interconnect on-site pathways to the larger
regional network of paths which include the Riverwalk and Isle View
Park.
(f)
Contour grading, where both the horizontal and vertical slopes
are varied to reflect naturally occurring land forms, is preferred.
Grading shall be minimized to the extent possible, and all finished
grades shall blend with existing off-site grades.
(g)
Berming as a grading or visual buffer solution shall be avoided
in the W-1 and W-R Districts to preserve the existing level or gently
rolling topography along the riverfront.
(h)
Buffering elements in the form of landscaping and plant materials
are important to preserve the character and stability of adjacent
uses of different types and to enhance the visual and aesthetic image
of all waterfront districts. Buffer areas may be used for passive
recreation activities and may contain bicycle or pedestrian pathways,
provided that such activities do not compromise the primary buffering
function of such areas.
(i)
The proposed development shall preserve visual access to the
water to the maximum extent possible. Within the W-1 and W-R Districts,
a minimum of 30% of the shoreline shall be contained within view corridors
visible from River Road or other traveled public ways. The minimum
width of a view corridor shall be 25 feet. Satisfaction of this requirement
shall be measured by dividing the number of linear feet of river view
preserved in a view corridor by the total river view in a single ownership.
No buildings, walls, or other opaque structures shall be permitted
within view corridors. Nonopaque structural elements such as gazebos,
pergolas, bandshells or open market or festival stalls are permitted
within view corridors.
F. Final site plan review and approval.
(1)
Final application. Upon receiving acceptance from the Director
of Community Development on a preliminary site plan, the applicant
shall submit a final site plan to the Town's Planning and Development
Department for review and approval by the Planning Board. Prior to
any approval, the Planning Board must make its SEQR findings and issue
its SEQR determination. If more than one year has elapsed since the
Director of Community Development issued preliminary acceptance, and
if conditions have substantially changed, the Director of Community
Development may require resubmission of the preliminary site plan
for possible revision prior to referral to the Planning Board.
(2)
Procedure for final site plan approval.
(a)
Within 62 days of the receipt of the completed final site plan
from the Planning and Development Department, the Planning Board shall
issue its SEQR determination and render a decision on the final site
plan. The time period in which the Planning Board must render a decision
on the site plan may be extended by mutual consent of the applicant
and the Planning Board.
(b)
Approval. Upon approval, the Planning Board shall endorse its
approval on a copy of the final site plan and shall immediately file
a copy of the final site plan in the Town Clerk's office. At this
time a building permit may be issued if the project conforms to all
other applicable requirements. A copy of the written statement of
approval shall be mailed to the applicant by the Town Building Department
by certified mail. The written statement shall contain a list of modifications
or conditions if required.
(c)
Disapproval. Upon disapproval of the site plan, the decision
of the Planning Board shall immediately be filed with the Town Clerk
and a copy thereof mailed to the applicant by certified mail along
with a letter stating the reasons for disapproval.
(d)
A final site plan, following approval by the Planning Board,
shall be valid for a period of one year from the date of such approval.
The applicant may request an extension of time to initiate the required
site improvements, provided that the applicant can show reasonable
cause for the inability to initiate such improvements within the one-year
period. If the application for extension is not approved the Planning
Board shall give reasons why this extension was not granted.
(3)
Content of the final site plan. The final site plan shall include
the site plan construction sheet and a drainage report. The site plan
construction sheet shall include:
(a)
All the information required for preliminary site plans.
(b)
The lines of existing and proposed streets and sidewalks immediately
adjoining and within the site, including geometric layout of proposed
streets.
(c)
The names of existing and proposed streets.
(d)
Typical cross sections of proposed streets.
(e)
Profiles of proposed streets at suitable vertical scale showing
finished grades in relation to existing ground elevation.
(f)
The layout of proposed buildings, parking areas and any other
proposed structures or uses.
(g)
The location, size and profile of any existing and proposed
sewers (stormwater or sanitary), manholes, drain inlets, catch basins,
water mains and pipes on the property or into which any connection
is proposed.
(h)
Provisions for water supply and sewage disposal and evidence
that such provisions have been reviewed and approved by the Erie County
Department of Health, the Erie County Department of Environment and
Planning or the New York State Department of Environmental Conservation,
as necessary.
(i)
The location of survey monuments. Before acceptance of the dedication
of the highways or streets, a certificate by a licensed land surveyor
must be filed certifying that the above monuments have been placed
where indicated on the map.
(j)
Plans and typical cross sections of proposed sidewalks or other
pedestrian linkages, if applicable.
(k)
A development plan, including landscaping, for any proposed
park or playground within the site.
(l)
A landscaping plan consistent with the landscaping requirements
of this chapter.
(m)
Specifications or references to Town standards for all facilities
to be constructed or installed.
(n)
Certification by a licensed professional engineer, licensed
landscape architect and a licensed land surveyor as evidence of professional
responsibility for the preparation of the construction sheet.
(o)
The boundaries of the site and information to show the location
of the site in relation to surrounding property and streets, including
names and tax account numbers for adjacent sites. In whatever manner
is practical, the site boundary shall be referenced from two directions
to established United States Coast and Geodetic Survey monuments or
New York State Plan Coordinate monuments. In the event that such monuments
have been obliterated, the site boundary shall be referenced to the
nearest highway intersections or previously established monuments.
Any combination of types of reference points may be accepted which
would fulfill the requirement of exact measurements from the boundary
to reference points previously established for or by a public agency.
(p)
The lines and purposes of existing and proposed easements immediately
adjoining and within the site.
(q)
The lines, dimensions and areas in square feet of all property
that is proposed to be reserved by deed on the site.
(r)
A legal description of all areas to be dedicated to the Town.
(s)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter
73, Stormwater Management, of the Code of the Town of Tonawanda, if applicable. The SWPPP shall meet the performance and design criteria and standards in §
73-9 of the Code of the Town of Tonawanda. The approved final plat shall be consistent with the provisions of Chapter
73 of the Code of the Town of Tonawanda.
(4)
A landscaping plan consistent with the landscaping requirements of this chapter and consistent with any stormwater pollution prevention plan (SWPPP), prepared in accordance with §
215-152F(3)(s) hereof, shall be submitted.
(5)
Final site plan review. The Town Planning Board shall consider the factors, standards and criteria of Subsection
E of this section in evaluating the final site plan for approval.