A.
Prior to the issuance of a building permit or a certificate of occupancy or use in any district, except for a one-family or two-family dwelling and related accessory or general agricultural uses permitted by right, the Zoning Enforcement Officer shall require the preparation of a site plan. The site plan may be a sketch plan but shall contain all the items listed in § 260-76A below necessary to reasonably depict what is being proposed. The Zoning Enforcement Officer shall refer the site plan to the Planning Board for its review and approval in accordance with § 274-a of the Town Law and the standards and procedures more particularly set forth in this article of this chapter. Excluded are interior changes which may require a building permit but, in the opinion of the Zoning Enforcement Officer, neither change the use nor make the use more intensive.
B.
Site plans
shall not be required for the change of use or occupancy of an existing
building, or portion of a building, to another use permitted in the
same zoning district upon a determination by the Zoning Enforcement
Officer that:
[Added 10-11-2011 by L.L. No. 6-2011; amended 7-3-2013 by L.L. No.
1-2013]
(2)
The number of vehicle trips generated during the p.m. peak hour,
based on the most recent edition of Trip Generation Manual, published
by the Institute of Transportation Engineers, shall not be increased.
(3)
The number of gallons of water used daily, based on New York State
Department of Environmental Conservation (NYSDEC) for Wastewater Treatment
Works, 1988, Table 3 - Expected Hydraulic Loading Rates, shall not
be increased.
(4)
There shall be no alteration of existing parking layout, driveways,
landscaping or other site features.
C.
Excluded from site plan review are Town of Woodstock municipal uses,
provided that:
[Added 7-3-2013 by L.L. No. 1-2013]
(1)
The function and intensity of the proposed use is comparable to similar
uses permitted in the district;
(3)
No reasonable alternative location is available in a less-restrictive
zoning district and in which the municipality has a legal or equitable
interest;
(4)
The proposed use serves a legitimate government interest;
(5)
An alternative method for the public and interested parties to be
heard is available and has been provided.
A.
A sketch plan conference between the Planning Board
and the applicant shall be held to discuss the applicability of the
site plan review and approval procedure to the intended development
for which the building or use permit is sought.
B.
The Planning Board shall make its determination based upon review of the project's scope and the basic land use and site design concept, as shown by the applicant on a sketch plan drawn to scale and depicting all the items listed in § 260-76A below necessary to illustrate what is being proposed. The sketch plan shall also be accompanied by written documentation describing at a reasonable level of detail what is proposed.
C.
At the sketch plan conference, the Planning Board
shall take one of three actions:
(1)
Determine that the project is limited in scope, with
compatible land use, site and building design characteristics, thus
requiring no further review under this article, with such determination
restricted to applications involving the establishment of permitted
uses within existing complying structures or the limited modification
of existing conforming uses and complying structures, wherein no substantial
site improvements and no building additions are either required or
proposed;
(2)
Determine that the project does require full review under this article, based upon its scope and/or land use, site and building design characteristics, and advise the applicant of preliminary site plan submission requirements in accordance with § 260-76 below; or
(3)
Require additional sketch plan information from the
applicant prior to making a determination regarding the extent to
which the site plan review and approval procedure shall be applicable
to the intended action.
An application for preliminary site plan approval
shall be made in writing to the Zoning Enforcement Officer and shall
be accompanied by information drawn from the following checklist,
as determined necessary by the Planning Board at the sketch plan conference.
The Planning Board may require that the site plan be certified by
a licensed design professional. The applicant may request waivers
of any information required in the site plan checklist, and the Planning
Board may grant or deny such waivers.
A.
Preliminary site plan checklist:
(1)
Title of drawing, including name and address of applicant
and person(s) responsible for preparation of such drawing;
(2)
Key map or area map oriented to the nearest street
or road intersection showing the parcel under consideration for site
plan review, its zoning district classification, and all properties,
subdivisions, streets and easements within 200 feet of the boundaries
thereof;
(3)
North arrow, map scale and date;
(4)
Boundaries of the property plotted to scale based
upon actual survey or similarly accurate data;
(5)
Existing watercourses;
(6)
Grading and drainage plan showing existing and proposed
contours at an appropriate interval, as specified by the Planning
Board at the sketch plan conference, with two-foot contours and soils
data required on that portion of any site proposed for development
where general site grades exceed 5% or where there may be susceptibility
to erosion, flooding or ponding;
(7)
Location, proposed use and height of all buildings;
(8)
Location, design and construction materials of all
parking and loading areas, with access and egress drives thereto;
(9)
Provision for pedestrian access;
(10)
Location of outdoor storage, if any;
(11)
Location, design and construction materials of all
existing and proposed site improvements, including drains, culverts,
stormwater treatment facilities, bioretention areas, retaining walls
and fences;
(12)
Description of the method of sewage disposal and the
location, design, and construction materials of such facilities;
(13)
Description of the method of securing water supply
and the location, design and construction materials of such facilities;
(14)
Location of fire and other emergency zones, including
the location of fire hydrants;
(15)
Location, design and construction materials of all
energy distribution facilities, including electrical, gas and solar
energy;
(16)
Location, size, design and construction materials
of all proposed signage;
(17)
Location and proposed development of all buffer areas,
including indication of existing trees and other vegetative cover;
(18)
Location and design of all outdoor lighting fixtures and facilities, including data regarding lighting levels both within the site and at the site's boundaries, fixture mounting heights and glare control options for each lighting source. Illuminance may be platted using manufacturer's photometric charts or the Planning Board may require iso-footcandle specifications. The lighting plan must be in conformance with § 260-29C of this chapter;
(19)
Designation of the amount of building area proposed
for retail sales, office use or similar commercial activity, including,
where applicable, the type and number of seats provided, so that the
adequacy of parking and other factors may be reviewed;
(20)
General landscaping plan and detailed planting schedule;
(21)
Building elevations describing the design and construction
materials of both the principal structure and all accessory structures
and related site elements;
(22)
Each site plan submitted to the Planning Board for
signature shall contain a statement in form and substance satisfactory
to the Planning Board that has been signed by all the applicants stating
that they will comply with all conditions shown on the site plan;
(23)
All revisions that are made to a preliminary site
plan shall be listed and dated on the site plan; and
(24)
Any other element integral to the proposed development,
as considered necessary by the Planning Board, including the identification
of any state or county permits required for the project's execution.
B.
Tabular summary required. In addition to the data
specified above, all preliminary site plans shall include a tabular
summary relating the site plan to the specific dimensional requirements
of this chapter, including the following:
(1)
Lot area in square feet;
(2)
Building area in square feet;
(3)
Calculation of structure coverage and open space in
square feet and as a percentage of lot area;
(4)
Indication of all front, rear and side yard setbacks
to the principal structure and to all accessory structures and other
site elements; and
(5)
Compliance with parking requirements.
C.
Required fee. An application for preliminary site
plan review and approval shall be accompanied by the applicable fee
in accordance with the fee schedule established and annually reviewed
by the Town Board.
D.
An application for preliminary site plan review and
approval shall be accompanied by a list of all contiguous landowners.
The Planning Board's review of a preliminary
site plan shall include, as appropriate, but not be limited to, the
following:
A.
General considerations:
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, pavement surfaces,
channelization structures and traffic controls;
(2)
Adequacy and arrangement of pedestrian and bicycle
traffic access and circulation, including separation of pedestrian
from vehicular traffic, and overall pedestrian convenience and safety;
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading;
(4)
Location, arrangement, size, design and general site
compatibility of principal and accessory buildings, lighting and signage;
(5)
Adequacy of stormwater treatment and drainage facilities
in maintaining pre- and post-development runoff rates, treating pollutants,
recharging groundwater and/or correcting existing or potential ponding,
flooding and/or erosion problems;
(6)
Adequacy of water supply and sewage disposal facilities;
(7)
Adequacy, type and arrangement of trees, shrubs and
other landscaping which constitute a visual and/or noise-deterring
buffer between the applicant's and adjoining lands, including the
maximum retention of existing vegetation;
(8)
Creation or preservation of open spaces;
(9)
Protection of adjacent properties from noise, glare, unsightly conditions, or other objectionable features, as described in § 260-29 of this chapter;
(10)
Adequacy of fire lanes and other emergency zones and
the overall sufficiency of the site to be protected by police, fire
and other emergency services; and
(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 of a preliminary
site plan, the Planning Board shall consult with the Zoning Enforcement
Officer. The Planning Board may further seek the advice of the Fire
Inspector, the Woodstock Environmental Commission (WEC), the Superintendent
of Highways, the Commission for Civic Design (CCD), 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 New York State Department
of Transportation (DOT) and the New York State Department of Environmental
Conservation (DEC).
C.
Public hearing. A public hearing on an application
for site plan review shall be scheduled and conducted by the Planning
Board within 62 days of the date of the Planning Board meeting at
which, pursuant to SEQRA, a negative declaration has been adopted
or a draft environmental impact statement (DEIS) has been accepted
as being sufficient to commence the public comment period. The public
hearing shall be advertised in the official Town newspaper or newspapers
of general circulation in the Town, as designated by the Town Board,
at least five days prior to the public hearing. A copy of said public
notice shall be mailed to the applicant and all contiguous property
owners by the Planning Board at least 10 days before the opening of
the public hearing.
[Amended 11-18-2008 by L.L. No. 2-2008]
D.
Required referral. Prior to taking action on the preliminary
site plan, the Planning Board shall refer the site plan, when applicable,
to the Ulster County Planning Board for advisory review and a report
in accordance with § 239-m of the General Municipal Law.
E.
Additional requirements. The Planning Board may require such additional provisions and conditions that appear necessary to protect and advance the public health, safety and welfare, as well as the enhancement of the general environment. Where public assembly activities are to be conducted in a residential district, the Planning Board may require compliance with the standards set forth in § 260-62I and J of this chapter.
F.
Notice to adjacent municipality. When an application
for site plan approval involves property that is within 500 feet of
an adjacent municipality, as defined in § 239-nn of the General
Municipal Law, the Planning Board shall give notice to the adjacent
municipality by mail or electronic transmission to the clerk of the
adjacent municipality at least 10 days prior to any hearing.
[Amended 11-18-2008 by L.L. No. 2-2008]
A.
Within 62 days of the completion of a public hearing,
the Planning Board shall act on the preliminary site plan. The Planning
Board shall send a written statement to the applicant stating whether
the preliminary site plan is approved, disapproved, or approved with
conditions or modifications. A copy of the appropriate Planning Board
minutes shall be considered a sufficient statement.
[Added 11-18-2008 by L.L. No. 2-2008]
B.
The Planning Board's decision may include conditions
to be incorporated in the final site plan. Conformance with said conditions
shall be considered a condition of approval. If the preliminary site
plan is disapproved, the Planning Board's decision shall contain specific
reasons for such action. In such a 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 modification,
from the Planning Board on a preliminary site plan, the applicant
shall submit a final detailed site plan to the Planning Board for
approval. If more than six months have elapsed since the time of the
Planning Board's action on the preliminary site plan, or 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 for review. In this event, a second public
hearing may be conducted.
B.
The final detailed site plan shall conform substantially
to the approved preliminary site plan. It should incorporate any revisions
or other modifications 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
the application for final detailed site plan approval:
(1)
Record of application for, and approval status of,
all necessary permits from federal, state and county officials and
agencies;
(2)
Detailed sizing and final material specification of
all required site improvements; and
(3)
An estimated project construction schedule.
(4)
A performance guarantee.
[Added 11-6-2012 by L.L. No. 4-2012]
[Amended 11-18-2008 by L.L. No. 2-2008]
Within 62 days of receipt of the complete application
for final site plan approval, the Planning Board shall render a decision.
If deemed advisable, the Planning Board may again seek consultant
review at this stage in the review process.
A.
Upon approval of the final site plan and payment by the applicant
of all fees, performance guarantees and reimbursable costs payable
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 Zoning Enforcement
Officer. The Planning Board shall also notify the Zoning Enforcement
Officer in writing of any conditions of approval not on the site plan.
The Zoning Enforcement Officer may then issue a building permit or
certificate of occupancy or use if the project conforms to all these
and other applicable requirements.
[Amended 7-3-2013 by L.L. No. 1-2013]
B.
Upon disapproval of a final site plan, the Planning
Board shall so inform the applicant and the Zoning Enforcement Officer
in writing of its decision and its reason(s) for disapproval. The
Zoning Enforcement Officer shall deny a building permit or certificate
of occupancy or use to the applicant.
Reasonable costs incurred by the Planning Board for private consultation fees, fees for technical and engineering services, legal fees, or other expenses 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 in § 260-76C above. The Planning Board shall make a reasonable estimate of the amount of expenses that it expects to incur during the course of each application for site plan review. The amount so determined by the Planning Board shall be deposited by the applicant in escrow with the Town Clerk prior to the Planning Board's commencing any review of the application. If the amount so deposited is exhausted or diminished to the point that the Planning Board determines that the remaining amount will not be sufficient to complete the review of the application, then the Planning Board shall notify the applicant of the additional amount that must be deposited with the Town Clerk. If the applicant fails to replenish the escrow account or there are unpaid amounts for which the applicant is responsible pursuant to this provision, the Planning Board, at its discretion, may cease review of the application until such amounts are paid or deny the application. In no event, however, shall any site plan approval be made until all such sums have been paid in full.
No certificate of occupancy shall be issued
until all improvements shown on the final site plan are installed
to the satisfaction of the Zoning Enforcement Officer or a sufficient
performance guarantee has been provided for improvements not yet completed.
Such performance guarantee, which shall be in the form of either a
bond or an escrow deposit, shall be posted in accordance with § 274-a,
Subdivision 7 of the Town Law. The amount and sufficiency of such
performance guarantee shall be determined by the Planning Board after
consultation with the Town Attorney, the Zoning Enforcement Officer,
other local officials, or its designated consultants.
[Amended 7-3-2013 by L.L. No. 1-2013]
A.
The Zoning Enforcement Officer shall be responsible for the overall
inspection of site improvements, including coordination with the Town's
private consultants and other local officials and agencies, as may
be appropriate, on multifamily residential, commercial and light industrial
projects.
B.
Prior to the issuance of a certificate of occupancy, an "as-built"
plan, if required, showing the installed and completed improvements
and certified by a licensed professional engineer, shall be submitted
to the Building Inspector. Copies of the as-built plan may be forwarded
to the Planning Board for review. The Building Inspector shall not
issue a certificate of occupancy until all improvements shown on the
final site plan have been installed and completed in accordance with
the final site plan. The Building Inspector may issue a temporary
certificate of occupancy, provided that a performance guarantee sufficient
to cover the cost of any outstanding site improvements has been posted
in accordance with § 274-a, Subdivision 7, and § 277,
Subdivision 9, of the Town Law.
Whenever the particular circumstances of a proposed
development require compliance with another procedure in this chapter,
the requirements of the Town's Land Subdivision Regulations,[1] or the requirements of the New York State Environmental
Quality Review Act (SEQRA), the Planning Board may integrate, if it
deems appropriate, site plan review as required by this article with
the procedural and submission requirements for such other compliance.
Such integration of procedures may require, upon mutual consent of
the Planning Board and the applicant, reasonable modification of the
time requirements otherwise stated in this article. This section shall
not apply to a Type 1 action under SEQRA which requires an environmental
impact statement (EIS).
Any proposed amendments to a previously approved
site plan shall require Planning Board review and approval. A letter
of request, describing at a reasonable level of detail what is being
modified, along with an updated site plan depicting all proposed amendments,
may be submitted to the Zoning Enforcement Officer within 90 calendar
days of the original site plan approval. The Zoning Enforcement Officer
shall then forward the letter and plans to the Planning Board. The
Planning Board shall then determine whether the proposed amendments
may be reviewed without full compliance with the procedural requirements
of this article or whether compliance is necessary. This determination
shall be based on the scope of the proposed amendments. Amendments
proposed after the ninety-calendar-day period shall comply with the
requirements of this article.
A site plan approval shall expire if the building
permit is not requested within 12 months of the date of approval or
if a certificate of occupancy is not obtained within 24 months from
the date of approval. An extension of the site plan approval may be
granted by a majority vote of the Planning Board.
Any person or persons jointly or severally aggrieved
by any decision of the Planning Board under this article may apply
to the Supreme Court of the State of New York for relief through a
proceeding under Article 78 of the Civil Practice Law and Rules (CPLR)
of the State of New York. Such proceeding shall be governed by the
specific provisions of Article 78, except that the action must be
initiated, as therein provided, within 30 days after the filing of
the Planning Board's decision in the office of the Town Clerk.
