The purpose of this article is to allow the proper integration into the community of uses listed in Articles VI and IX of this chapter which may be suitable within the zoning district only on certain conditions and only at appropriate locations. Because of their characteristics, or the special characteristics of the area in which they are to be located, these uses require special consideration so that they may be properly located and planned with respect to:
A.
The objectives of this chapter.
B.
Their effect on surrounding properties.
C.
The ability of the Town to accommodate the growth
resulting from the proposed use without undue adverse effect on the
Town and its citizens and taxpayers, and the protection of the health,
safety and welfare of the Town and its citizens.
D.
The objectives of the land use plan.
[Amended 11-10-1998]
A land use or development involving a use listed in Article VI or IX hereof, or where deemed necessary by the Zoning Administrator, shall not be undertaken unless and until the Planning Board has approved or approved with conditions such use according to the guidelines established by the site plan review process. The Zoning Administrator shall issue permits for such land use or development pursuant to the terms of Article XIV hereof, provided that no such approval or permit shall be required under this chapter for a use which is a Class A regional project under the Adirondack Park Agency Act. [1]
[1]
Editor's Note: See Executive Law § 800
et seq.
In accordance with § 274-a of the
Town Law, the Planning Board is authorized to approve and review,
approve with modifications or disapprove site plans prepared to specifications
set forth in this chapter and in regulations of the Planning Board,
showing the arrangement, layout and design of the proposed use of
the land shown on such plan. Such site plan review shall be made of
all development required under the terms of this chapter, including
activities designated as Class B regional projects by the Adirondack
Park Agency Act. Class B regional projects are hereinafter referred
to Type II site plan review projects.
[Amended 11-10-1998]
Application for project approval shall be made with the Planning Board using forms supplied by the Board. Applications shall include reasonably sufficient information for the Board to make its findings under § 160-39 of this chapter. In determining the content of this application form, the Planning Board may provide for different informational requirements for different classes or types of projects, but with each certain class or type of project, the same information required by these various application forms may include any or all of the following: a detailed description of the natural features of the project and its components, including all proposed roads and accesses, water supply and sewage disposal systems, and their relationship to natural features; an analysis with supporting data on the impact of the project on the environment both during construction and thereafter; and an analysis and supporting data of any benefits that might derive from the project.
[Amended 11-10-1998]
A sketch plan conference may be held at the
advice of the Zoning Administrator between the Planning Board or its
designee and the applicant prior to the preparation and submission
of a formal site plan application. The intent of such a conference
is to enable the applicant to inform the Planning Board of his proposal
prior to the preparation of a detailed site plan; and for the Planning
Board to review the basic site design concept, advise the applicant
as to potential problems and concerns and to generally determine the
information to be required on the site plan. In order to accomplish
these objectives, the applicant should provide the following:
A.
A statement and rough sketch showing the locations
and dimensions of principal and accessory structures, parking areas,
access signs (with descriptions), existing and proposed vegetation
and other planned features; anticipated changes in the existing topography
and natural features; and, where applicable, measures and features
to comply with flood hazard and flood insurance regulations.
B.
A sketch or map of the area which clearly shows the
location of the site with respect to nearby streets, rights-of-way,
properties, easements and other pertinent features.
C.
A topographic or contour map of adequate scale and
detail to show site topography.
Where the sketch plan conference was held, the
accompanying information shall be drawn from the following checklist
as determined necessary by the Planning Board at said sketch plan
conference. In the event that a sketch plan conference was not held,
the applicant shall provide information to all applicable items of
the following checklist:
A.
The title of the drawing, including names and addresses
of the applicant and the person(s) responsible for preparation of
such drawing.
B.
North arrow, scale and date.
C.
Boundaries of the property, plotted to scale.
D.
Existing watercourses.
E.
A grading and drainage plan, showing existing and
proposed contours.
F.
The location, design and type of construction, proposed
use and exterior dimensions of all buildings.
G.
The location, design and type of construction of all
parking and truck loading areas, showing access and egress.
H.
Provision for pedestrian access.
I.
The location of outdoor storage, if any.
J.
The location, design and construction materials of
all existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
K.
A description of the method of sewage disposal and
location, design and construction materials of such facilities.
L.
A description of the method of securing public water
and the location, design and construction materials of such facilities.
M.
The location of fire and other emergency zones, including
the location of fire hydrants.
N.
The location, design and construction materials of
all energy distribution facilities, including electrical, gas and
solar energy.
O.
The location, size, design and type of construction
of all proposed signs.
P.
The location and proposed development of all buffer
areas, including existing vegetative covers.
Q.
The location and design of outdoor lighting facilities.
R.
Identification of the location and amount of building
area proposed for retail sales or similar commercial activity.
S.
A general landscaping plan and planting schedule.
T.
An estimated project construction schedule.
U.
A record of application for and approval status of
all necessary permits from state and county agencies.
V.
Identification of any state or county permits required
for the project's execution.
W.
Other elements integral to the proposed development
as considered necessary by the Planning Board.
A.
Not later than 10 days following receipt of a complete
application for a project, the Zoning Administrator shall notify the
Adirondack Park Agency, in the case of Type II uses, and shall notify
the Planning Board of such receipt, shall furnish to each body a copy
of the project application and shall furnish to the Agency such pertinent
information as the Agency may deem necessary, and shall afford each
body the opportunity to comment thereupon. A site plan review application
will be sent to the Warren County Planning Board by the Zoning Administrator
as required by General Municipal Law § 239-m.
[Amended 11-10-1998]
B.
Hearing; decision.
(1)
The Planning Board shall fix a time within 62 days
from the day an application for site plan approval is made for the
hearing of any matter referred to under this section if a public hearing
is deemed necessary by the Planning Board. In determining whether
a public hearing is necessary, the Planning Board shall be guided
by the expected level of public interest in the project and the possibility
of an eventual disapproval. No site plan review project may be disapproved
unless a hearing shall have first been held on the project application.
The Planning Board shall give public notice thereof by the publication
in the official newspaper of such hearing at least five days prior
to the date thereof. In the case of Type II actions (site plan review
projects) a copy of the public hearing notice shall be mailed to the
Adirondack Park Agency and to the Zoning Board of Appeals. The Adirondack
Park Agency shall be a full party in interest with standing to participate
in any and all proceedings conducted pursuant to this section.
[Amended 11-10-1998]
(2)
The Planning Board shall decide on the application
within 62 days after such hearing, or after publication is filed if
no hearing has been held; provided, however, that the time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Planning Board.
[Amended 11-10-1998]
(3)
The Planning Board shall render a decision in the
form of an approval, approval with conditions or disapproval based
on criteria and procedures cited herein. The Planning Board's review
of the site plan shall include, as appropriate, but is not limited
to the following general conditions:
(a)
The location, arrangement, size, design and
general site compatibility of buildings, lighting and signs.
(b)
The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls.
(c)
The location, arrangement, appearance and sufficiency
of off-street parking and loading.
(d)
The adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(e)
The adequacy of stormwater and drainage facilities.
(f)
The adequacy of water supply and sewage disposal
facilities.
(g)
The adequacy, type and arrangement of trees,
shrubs and other landscaping constituting a visual and/or noise buffer
between the applicants and adjoining lands, including the maximum
retention of existing vegetation.
(h)
The adequacy of fire lanes and other emergency
zones, and the provision of fire hydrants.
[Amended 11-10-1998]
(i)
Special attention to the adequacy and impact
of structures, roadways and landscaping in areas with susceptibility
to ponding, flooding and/or erosion.
(j)
No approval or approval with conditions shall
be granted until the Planning Board determines the applicant is in
compliance with all other provisions of this chapter.
(k)
In its discretion, the Planning Board may condition
an approval following site plan review with the requirement that any
existing sewage system be altered to conform to current standards.
[Added 11-10-1998]
C.
Contents and filing of decision.
(1)
The decision of the Planning Board shall be filed, within five business days after such decision has been rendered, in the office of the Town Clerk, and a copy thereof mailed to the applicant. The decision shall contain such findings of fact as are required by §§ 160-41 or 160-42 hereof. The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings, whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that guidelines as to intensity of development as provided in this chapter shall be respected, and the imposition of reasonable conditions to ensure that the project will be adequately supported by services and improvements made necessary by the project and to ensure that the project will be completed in accordance with the terms of the application and any permit and including, without limitation, the requirements and conditions authorized under § 160-34 of this chapter. In addition, the Planning Board may require that the Zoning Administrator incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.
[Amended 11-10-1998 [1]]
(2)
In the case of Type II site plan review projects,
the decision shall also be sent to the Adirondack Park Agency.
In order to approve any Type I site plan review
use, the Planning Board shall find that:
A.
The use complies with all other requirements of this
chapter, including the dimensional regulations of the zoning district
in which it is proposed to be located;
B.
The use would be in harmony with the general purpose
and intent of this chapter, specifically taking into account the location,
character and size of the proposed use and the description and purpose
of the district in which such use is proposed; the nature and intensity
of the activities to be involved in or conducted in connection with
the proposed use; and the nature and the rate of any increase in the
burden on supporting public services and facilities which will follow
the approval of the proposed use; and
C.
The establishment, maintenance or operation of the
proposed use would not create public hazards from traffic, traffic
congestion or the parking of automobiles or be otherwise detrimental
to the health, safety or general welfare of persons residing or working
in the neighborhood of such proposed use, or be detrimental or injurious
to the property and improvements in the neighborhood or to the general
welfare of the Town.
The Planning Board shall not approve a Type
II site plan review project unless it first determines that such project
meets the following criteria:
A.
The project would comply with all provisions of this
chapter.
B.
The project would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Adirondack Park or upon the ability of the public to provide supporting facilities and services made necessary by the project, taking into account commercial, industrial, residential, recreational or other benefits that might be derived from the project. In making this determination, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein and, in doing so, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in § 160-47 of this article.
[Amended 11-10-1998]
The following are those factors which relate
to potential for adverse impact upon the park's natural scenic, aesthetic,
wildlife, ecological, historic, recreational or open space resources
and which shall be considered, as provided in this chapter, before
any Class A regional project or Type II site plan review project is
undertaken in the Town. Any burden on the public in providing facilities
and services made necessary by such land use and development or subdivisions
of land shall also be taken into account, as well as any commercial,
industrial, residential, recreational or other benefits which might
be derived therefrom.
A.
Natural resource considerations.
(5)
Critical resource area.
(a)
Rivers and corridors of rivers designated to
be studied as wild, scenic or recreational in accordance with the
Environmental Conservation Law.
(b)
Rare plant communities.
(c)
Habitats of rare and endangered species and
key wildlife habitats.
(d)
Alpine and subalpine life zones.
(e)
Wetlands.
(f)
Elevations of 2,500 feet or more.
(g)
Unique features, including gorges, waterfalls
and geologic formations.
