A detailed site plan shall include all elements
listed herein, except that the Planning Board may waive such elements
as it deems to be not pertinent or necessary for the proposed development:
A.
Legal data.
(1)
Section, block and lot numbers of the property taken
from the latest tax records.
(2)
Name and address of the applicant and of the architect,
engineer, landscape architect and/or surveyor preparing the site development
plan.
(3)
Title of the development, date and date of revision,
if any.
(4)
North arrow, scale and location map drawn to a scale
of not less than one inch equals 1,000 feet.
(5)
Survey map defining precisely the boundaries of the
property.
(6)
The locations, names and existing widths of adjacent
streets, including curblines.
(7)
The location and owners of all adjoining lands as
shown on the latest tax records.
(8)
Copies of all existing and proposed deed restrictions
or covenants applying to the property, including covenants and agreements
restricting the use and establishing future ownership and maintenance
responsibilities for all private roads, recreation and open space
areas.
(9)
Existing zoning; Business NS District, Business GB
District, etc.
(10)
Any other legal agreements, documents or information
required by the Planning Board.
B.
Natural features.
(1)
Topographic data at a maximum contour interval of
two feet, showing existing and proposed contours.
(2)
Designation of specific soil types.
(3)
The location of all existing watercourses, intermittent streams, wetlands areas and springs, consistent with the definitions set forth in Chapter 167, Wetlands and Watercourse Protection, of the Code of the Town of Somers.
[Amended 1-18-1996 by L.L. No. 1-1996]
(4)
Approximate boundaries of any areas subject to flooding
or stormwater overflows, including flood hazard areas as established
by the United States Department of Housing and Urban Development.
[Amended 1-18-1996 by L.L. No. 1-1996]
(5)
Rock outcroppings and areas of steep slope, consistent with the definitions set forth in Chapter 148, Steep Slopes Protection, of the Code of the Town of Somers.
[Added 1-18-1996 by L.L. No. 1-1996]
(6)
The location and general characteristics of the different
areas of vegetation including the identification of all individual
trees with a diameter of eight inches or greater, measured at a height
four and one-half (4 1/2) feet from the ground, as well as stands
of trees and wooded areas, within areas of proposed disturbance.
[Added 1-18-1996 by L.L. No. 1-1996]
(7)
Archaeologically sensitive lands.
[Added 1-18-1996 by L.L. No. 1-1996]
(8)
Historically sensitive areas.
[Added 1-18-1996 by L.L. No. 1-1996]
(9)
Aquifers.
[Added 1-18-1996 by L.L. No. 1-1996]
C.
Existing structures and utilities.
(1)
Location of all structures on the premises and approximate
location of all neighboring structures within 100 feet of the lot
line.
(2)
Location of all existing public and private roads,
paved areas and sidewalks.
(3)
Locations, dimensions, grades and flow direction of
existing sewers, culverts, waterlines as well as other underground
utilities within and adjacent to the property.
(4)
Other existing improvements, including fences, landscaping
and screening.
D.
Proposed development.
(1)
The location and dimension (length, width, ground
floor elevation and height) of proposed structures with a detailed
breakdown of all proposed floor space by type of use and floor level.
(2)
The location, width and finished pavement grades of
the proposed public and private roads, sidewalks and steps, including
profiles.
(3)
The location, layout, finished pavement grades, surface
treatment and curbing proposed for parking and loading areas, including
ingress and egress drives.
(4)
The location, size and proposed screening of outdoor
storage areas.
(5)
The location and size of all proposed water supply,
sanitary sewerage, storm drainage, valves and hydrants and other utility
facilities, including connections to any existing facilities, including
profiles.
(6)
Landscaping plan to clearly identify all existing
areas of vegetation that are to be retained and all areas that are
to be revegetated or replanted. The plan shall:
[Amended 1-18-1996 by L.L. No. 1-1996]
(a)
Include type, size, location and quantities
of new materials to be used, including both common and botanical names.
(b)
Provide a landscaped strip 25 feet in width
along all property lines that abut land in a residence district or
that are across a street from land in a residence district except
for approved entrances and exits.
(c)
Provide a landscaped strip 15 feet in width
along all property lines that abut land in a nonresidence district
or that are across a street from land in a nonresidence district.
(d)
Demonstrate compliance with the requirements set forth in § 170-34 of Chapter 170 (Zoning) of the Code of the Town of Somers for landscaped strips and shrubbery screens for off-street parking areas. Where those requirements may conflict with those set forth herein, the more restrictive standard shall apply.
(e)
Provide for the planting of street trees, as described in § 150-22D(3) of Chapter 150, Subdivision of Land, of the Code of the Town of Somers, along street lines and access roads.
(7)
Proposed type, location, design, shielding and hours
of operation of exterior lighting; proposed location, type, size,
wording, design, color and illumination of all signs.
(8)
Calculation of expected storm drain loads to be accommodated
by the proposed drainage system.
(9)
Estimate of earthwork, showing the quantity of any
material to be imported to and/or removed from the site.
(10)
Description of measures planned to assure proper
erosion and sedimentation control during construction.
(11)
A statement from the applicant's engineer indicating
the estimated cost of constructing all new roads and sidewalks and
of the water supply, sanitary sewage and storm drainage systems.
(12)
Tree protection measures to preserve and protect
existing trees shall be specified. These measures shall comply with
the following standards:
[Amended 1-18-1996 by L.L. No. 1-1996]
(a)
Trees to be preserved in proximity to disturbance
areas shall be marked conspicuously on all sides. In cases where large
areas of trees are to be preserved, conspicuous marking of the area
shall be required.
(b)
In areas of concentrated construction or similar
activity, trees to be preserved shall be fenced at the drip line.
(c)
No construction equipment shall be parked and
no earth or construction materials shall be stockpiled or stored under
the canopy of trees to be preserved.
(d)
Excavation greater than six inches in depth
shall be prohibited within the drip line of a tree, except for the
digging necessary for placement of landscape vegetation where the
original grade is to be restored.
(e)
Earth fills or fills of other material greater
than two inches in depth shall be prohibited within the drip line
of a tree unless measures, consistent with accepted practices, are
taken to provide adequate aeration and water to the root structure.
(13)
Hours of construction activity shall be specified
on the site plan. No construction activity, the sound or noise from
which is audible beyond the boundaries of the property on which such
construction activity is located, shall start before 7:00 a.m. or
extend beyond 6:00 p.m. No construction activity shall be allowed
on Sundays or legal New York State holidays.
[Amended 7-12-2001 by L.L. No. 9-2001]
(14)
Upon completion of construction, four prints
of an as-built plan shall be submitted to the Planning Board showing
building outlines, first-floor elevations, parking areas, drainage,
rim and invert elevations, pipe sizes, sewer, water, underground utilities
and finished grades of all roads within the site. When required by
the Planning Board, the as-built plan shall show the landscaping on
the site, differentiating between that landscaping which was preserved
and that landscaping which was newly planted.
[Added 1-18-1996 by L.L. No. 1-1996]
E.
Open Space Committee review and recommendations. Each site plan shall
be submitted by the Planning Board to the Open Space Committee for
its review and recommendations concerning the environmental aspects
of such plan. The Open Space Committee shall have 30 days from the
date of transmittal to respond. Failure of the Open Space Committee
to act within the allotted time shall not prejudice the application.
[Amended 9-10-1992 by L.L. No. 13-1992; 5-17-2012 by L.L. No.
3-2012]
F.
[2]Provide a stormwater pollution prevention plan (SPPP) consistent with the requirements as indicated in Chapter 93, Stormwater Management and Erosion and Sediment Control, of the Code of the Town of Somers. The SPPP shall meet the performance and design criteria and standards as indicated in §§ 93-6 and 93-6A of the Code of the Town of Somers.
[Added 9-11-2008 by L.L. No. 8-2008]
[2]
Editor's Note: Former Subsection F, and former Subsection
G which immediately followed, were repealed 1-18-1996 by L.L. No.
1-1996.
[Added 1-18-1996 by L.L. No. 1-1996[1]]
In acting on site plan applications, the Planning
Board shall take into consideration the objectives of this chapter;
the objectives, policies and recommendations of the Town of Somers
Town Comprehensive Master Plan; the health, safety and welfare of
the public in general and of the residents, employees, visitors or
guests of the proposed development; the protection of environmentally
sensitive lands; and the aesthetic impact on the neighborhood. The
Planning Board may require such modifications, conditions and safeguards
so as to bring the proposed development into compliance with the intent
of these regulations. The Planning Board shall specifically take into
account the following:
A.
The proposed number, size, location, height, bulk,
use, appearance and architectural features of all structures and facilities.
(1)
The overall building and site design shall enhance
and protect the character and property values in the surrounding neighborhood.
(2)
Development shall be compatible with the architectural
style and visual composition of the hamlet area in which it is located.
(3)
Development shall have a harmonious relationship with
the natural terrain, physical characteristics and vegetation on the
site and on adjacent properties.
B.
The safety, capacity, appearance and convenience of
vehicular and pedestrian trafficways, parking and loading areas, access
drives and areas related thereto.
(2)
Adequate fire lanes and emergency zones shall be provided
along with suitable legal agreements for enforcement.
(3)
The direction of traffic movements may be defined
and restricted, with appropriate signage, based upon consideration
of site characteristics and site access.
(4)
The Planning Board may require proposed structures
to be set back 45 feet from the center line of access drives located
completely within a development site.
(5)
Interconnection of parking lots via access drives
within and between lots shall be identified and required in order
to provide maximum traffic efficiency, to restrict to a minimum the
number of curb cuts on public streets, to enhance the development
of the hamlet and to establish the safest and most convenient traffic
circulation patterns.
(6)
Pedestrian and bicycle movement within the site, between
the development area and the public right-of-way, and between the
site and adjacent sites, shall be evaluated; sidewalks and bicycle
paths shall be provided as determined necessary to ensure safe, efficient
and appropriate passages.
C.
The protection of environmental quality.
(1)
Buffer areas, plantings, open spaces, walls and/or
fences shall be provided as determined appropriate by the Planning
Board and in accordance with other requirements of the Code of the
Town of Somers so as to ensure harmony with adjacent development and
land, to screen parking areas and to conceal storage and utility areas.
(2)
Adequate storm and surface water drainage facilities
shall be provided so as to properly drain the site, detain stormwater
as necessary, minimize downstream flooding and address non-point pollution.
(3)
Exterior lighting and accessory facilities (e.g.,
air-conditioning systems) shall not create a nuisance for surrounding
properties or the public in general.
(4)
Solar access shall be considered, including orientation
of proposed buildings to sun angles, shading and windscreen potential
of vegetation, and relationship to solar access for adjacent uses
and properties.
(5)
Hours of operation shall be considered in the context
of nearby existing and permitted uses, existing traffic conditions
and characteristics of the proposed use while in operation. Hours
of operation may be restricted for the purpose of preventing nuisances.
(6)
Outdoor storage or display of articles, materials
or equipment shall be identified and considered in the context of
the proposed use and nearby existing and permitted uses. The Planning
Board may find as part of site plan approval that certain outdoor
displays do not require any screening and may be conducted as part
of the permitted use.
(7)
Consideration shall be given to alternative designs
and methods of preservation that limit disturbance or destruction
of existing trees or vegetation. Factors to be considered include:
(a)
The physical condition (species, size and health)
of the trees and vegetation on the site to be developed.
(b)
The effect of proposed site disturbance on existing
trees and vegetation including effects on ecological systems, erosion
and sedimentation potential and surrounding vegetation and habitat.
(c)
The effect of disturbance or removal of existing
vegetation on historical context and scenic resources.
(d)
The impact of utility placements on the health,
symmetry and appearance of trees, vegetation and wooded areas.
[1]
Editor's Note: This local law also provided
for the repeal of former § 144-8, Planning Board action.
