Town of Somers, NY Powers of Planning Board

Where any provision of this chapter requires site plan approval, and subject to the limitations contained therein, the Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site plans. No building permit shall be issued, no structure or use shall be established, no use shall be changed to another use and no existing grades shall be altered nor impervious surface placed without prior conformity with the site plan approval procedures set forth in this section and with the technical requirements set forth in Chapter 144, Site Plan Review, of the Code of the Town of Somers.

The continued validity of a certificate of occupancy shall be subject to continued conformance with an approved site plan and conditions of approval.

Revisions of approved site plans shall be subject to the same approval procedure.

(4)

The following structures and uses are excluded from the requirements of this section:

One single-family detached dwelling.

A farm.

Permitted accessory uses as set forth in § 170-11B.

An improvement or change of nonconforming use or structure approved in accordance with the procedure specified in § 170-97 of this chapter, except when the review and approval of a site plan is required by the approving Town of Somers agency.

Sketch plan submission and review.

Prior to preparation of proposals.

Before preparing a site plan proposal, an applicant should become familiar with the regulations, standards and requirements contained in Chapter 170, Zoning; Chapter 167, Wetlands Protection; and Chapter 148, Steep Slopes Protection, of the Code of the Town of Somers and other Town ordinances that relate to the use and development of land and natural resources.

An applicant should review the Town of Somers Town Comprehensive Master Plan to determine what recommendations have been suggested for the subject property and to develop an understanding of the planning goals, objectives and policies of the Town. Discussions may be held with the Planning Board's professional staff.

All applicants should be aware that review and action on a proposed site plan requires that a comprehensive description of a site's physical features be made available as part of the application process. The sooner an applicant has a complete technical presentation of physical features and constraints, the sooner an understanding of the site's development opportunities and limitations will be achieved.

A purpose of the sketch plan review procedure set forth in this section is promotion of efficient use of time at Board meetings by providing opportunities for informed discussion focused on items of importance and disagreement.

Application for sketch plan review. Submission of an application for sketch plan review is recommended to permit Planning Board consideration of a site plan proposal prior to investment in the detailed plan preparation required as part of applications for approval. A new sketch application is required for each submission of plans to the Planning Board. The following application materials are required:

One completed sketch plan review application form.

Fourteen copies of the sketch plan or plans (seven of the 14 copies may be reduced prints).

Sketch plan review fee in accordance with a fee schedule adopted by the Town Board.

Affidavit from the Town Receiver of Taxes that all taxes due on the subject property have been paid.

Scheduling of review.

The application will be scheduled to be considered at the first available opening on the Planning Board's work session calendar. Except when specifically authorized by the Chairman, an application shall not be considered by the Planning Board less than 31 days after the date of receipt by the Planning Board's professional staff of all required materials.

The purpose of the interval between application submission and Planning Board review is to allow time for distribution of the application materials to the Planning Board's professional staff and other Town agencies and staff for their review and submission of advisory reports to the Planning Board. Said review reports shall be made available to the applicant upon submission of such reports to the Planning Board.

The applicant may prepare a written response to these reports which, if submitted to the Planning Board Secretary no later than six days in advance of the date of the scheduled meeting, shall be distributed to Board members. The response shall not include revised or amended plans; if the applicant elects to prepare revised plans and to forego discussion at a Planning Board meeting of the initial submission, the applicant shall so notify the Planning Board Secretary and then submit a new application and revised plans for sketch plan review.

(4)

Planning Board review. The applicant or his duly authorized representative shall be present at the Planning Board meeting to present the sketch plan and to discuss the proposed site plan concept with the Board. The Planning Board's professional staff and other Town agencies and staff shall be provided an opportunity to present comments and recommendations. At the discretion of the Chairman, comments from the public may be entertained.

(5)

Field review.

As a result of the Planning Board meeting discussion, the Board may schedule a field trip to the proposed development site.

The Board may direct the applicant to place stakes or flags at the approximate locations of proposed building corners and at other locations, in a manner consistent with § 170-14C(4) so as to facilitate review.

(6)

Planning Board recommendation. The Planning Board shall advise the applicant of changes, additions or modifications that should be made in the site plan concept shown on the sketch plan. The Board shall advise the applicant of subjects requiring more study or information. The Board shall also advise the applicant to proceed to the site plan review stage, when appropriate.

(7)

Revised sketch plan review. When the Planning Board recommendation calls for substantial changes to be made in the sketch plan proposal or identifies a need for submission of additional information so as to allow for responsible review of the proposal, the Board shall encourage the applicant to prepare a revised sketch plan and to submit a new application.

Site plan submission, review and action.

Preparation of site plan application.

The preparation and review of a site plan shall be undertaken in accordance with the procedures in this section. The proposed site plan shall reflect thorough consideration and response to the recommendations made by the Planning Board during the sketch plan review procedure, if undertaken.

All materials and plans shall comply in all respects with Article IV of Chapter 144 (Site Plan Review) and Chapter 170 (Zoning) of the Code of the Town of Somers, § 274-a of the Town Law and all other applicable regulations, except where a modification may be specifically authorized by the Planning Board or the Zoning Board of Appeals pursuant to applicable law or regulation or where otherwise provided by law.

The applicant shall be responsible for ensuring that the survey of property to be developed has been cross-checked with property deed descriptions and Town of Somers Tax Map data. Discrepancies are to be resolved prior to submitting an application for site plan approval.

Application for site plan approval. The following application materials are required:

One completed site plan application form and supporting documentation as set forth in the application packet, including an affidavit of ownership or written authorization of the property owner for the application to be made.

Affidavit from the Town Receiver of Taxes that all taxes due on the subject property have been paid.

Site plan application fee in accordance with a fee schedule adopted by the Town Board.

Fourteen copies of a completed full environmental assessment form (or 14 copies of a draft environmental impact statement), except when a completed short environmental assessment form is accepted by the Planning Board's professional staff.

(e)

The required number of copies of a site plan prepared in accordance with Article IV of Chapter 144 (Site Plan Review) of the Code of the Town of Somers.

(f)

The Planning Board shall review the application so as to consider the standards for site plan approval in Article IV of Chapter 144, Site Plan Review, of the Code of the Town of Somers and may require the submission of other pertinent information as may be necessary to provide for the proper enforcement of those standards.

Scheduling of review.

Following review by the Planning Board's professional staff, the application will be scheduled to be considered at the first available opening on the Planning Board's meeting calendar. Except when approved by the Chairman, an application shall not be considered by the Planning Board less than 31 days after the date of receipt by the Planning Board's professional staff of all required materials.

The applicant may prepare a written response to these reports which, if submitted to the Planning Board Secretary no later than six days in advance of the date of the scheduled meeting, shall be distributed to Board members. The response shall not include revised or amended plans; if the applicant elects to prepare revised plans and to forego discussion at a Planning Board meeting of the initial submission, the applicant shall so notify the Planning Board Secretary and then submit an amended application and revised plans for site plan approval. The Planning Board may schedule a field trip to the site of the proposed development.

(4)

Temporary staking. When determined necessary by the Planning Board to facilitate inspection and review of the site of a proposed development, temporary staking at the approximate corners of all proposed buildings and/or at other appropriate locations will be required. The applicant shall provide stakes as follows, or to a lesser standard when approved by the Board:

Each stake shall be identified by station marking to conform to the plans as presented and shall be placed so as to extend at least 30 inches above the ground surface. Inasmuch as these stakes are not permanent, a tolerance of up to one foot from the exact position will be allowed.

All stakes referred to in this section shall be in position at a time to be determined by the Planning Board. The Planning Board will not conduct its field inspection of the property until such stakes have been positioned.

All stakes removed or destroyed prior to the approval of the site plan shall be replaced by the applicant, if required by the Planning Board or its authorized representatives.

(5)

Notification sign.

With respect to any application for site plan approval, the applicant shall post a sign on the subject property at least 10 days prior to the date of the first Planning Board meeting for which the application is on the agenda.

Such sign shall be at least 30 inches in length by 20 inches in width, consist of sturdy and serviceable material containing a white background with black legible letters of at least two inches in height, and shall be placed in a location plainly visible from the most commonly travelled street or highway upon which the property fronts, but in no case more than 20 feet back from the front lot line. Such sign shall be at least six feet above the ground and shall read as follows:

A PROPOSED SITE PLAN FOR (describe proposed action) ON THIS PROPERTY WILL BE DISCUSSED AT A PLANNING BOARD MEETING ON (fill in date) AT (fill in time) AT THE SOMERS TOWN HOUSE. FOR INFORMATION CALL (914) 277-5366.

The applicant shall update the sign and post it at least 10 days prior to the date of each public hearing (including site plan and State Environmental Quality Review hearings), if any are held. The word "meeting" shall be similarly updated to "public hearing."

At least seven days prior to the date of the meeting or hearing(s) for which the sign is posted, the applicant shall submit to the Planning Board Secretary an affidavit stating to the fact and date of the posting.

(e)

The applicant shall remove the sign within seven days after the date of the meeting or hearing for which the sign is posted.

(6)

Lead agency and determination of significance.

In accordance with the New York State Environmental Quality Review Act (SEQRA);[1] 6 NYCRR Part 617; Chapter 92, Environmental Quality Review, of the Code of the Town of Somers; and § 274-a of the Town Law, the Planning Board shall follow the procedures for choosing a lead agency for each site plan application and for determining whether the proposed action may have a significant impact on the environment.

[1]

Editor's Note: See Article 8 of the Environmental Conservation Law.

If it is determined that the action will not have a significant adverse impact on the environment and a Negative Declaration has been filed by the lead agency, the application shall be considered complete.

If it is determined that the action may have a significant impact on the environment and a Positive Declaration is made, the application shall not be considered complete until a notice of completion of the draft environmental impact statement has been filed by the lead agency.

(7)

Planning Board review. The applicant or his duly authorized representative shall be present at the Planning Board meeting to present the site plan and to discuss the proposal with the Board. The Planning Board's professional staff and other Town agencies and staff shall be provided an opportunity to present comments and recommendations. At the discretion of the Chairman, comments from the public may be entertained.

When the application is found to be incomplete. If an application is found by the Planning Board to be incomplete, the Planning Board shall advise the applicant of deficiencies that must be corrected. The applicant shall address the deficiencies and submit revised application materials, as necessary. Upon resubmission, the process set forth in § 114-C(3) shall be repeated.

When the application is found to be complete. When an application is found to be complete, the Planning Board may call a public hearing to be held as set forth in § 114-C(8).

(8)

Scheduling of public hearing. A public hearing shall be held as set forth below on all applications for site plan approval, unless the requirement for such public hearing is waived by the Planning Board in accordance with Subsection C(8)(e) herein.

The Planning Board shall call a public hearing to be held within 62 days after the date of receipt by the Planning Board's professional staff of a complete application for site plan approval, but not sooner than 31 days after the date of receipt so as to allow adequate time for the giving of official notice and for public and agency review.

Any public hearing to be held on a draft environmental impact statement for a proposed site plan should, if practicable, be held concurrently.

The issuance of a notice of completion of the draft environmental impact statement by the lead agency commences a thirty-day public comment period. A public hearing may be scheduled on the draft environmental impact statement by the lead agency by filing a notice of hearing. Such hearing shall be scheduled not sooner than 15 days nor more than 60 days after the date of filing of the notice of completion of the draft environmental impact statement. In the event that a public hearing is scheduled, the public comment period shall end not sooner than 10 days after the date of the close of the public hearing.

In the event that concurrent hearings are held for both the draft environmental impact statement and the application for site plan approval, it is contemplated that the public hearing on the draft environmental impact statement may be closed, and the SEQR review brought to a conclusion, prior to the closing of the public hearing on the application for site plan approval.

(e)

The Planning Board may waive the requirement for a public hearing on the application for site plan approval if it determines that the scale of the improvements or the record of prior review(s) and public hearing(s) on the development and use of the site does not warrant a public hearing.

(9)

Public hearing notice.

Notice of a public hearing shall be submitted by the Planning Board Secretary to the official Town newspaper for publication so as to appear at least five days prior to the public hearing date if no hearing is held on the draft environmental impact statement, or at least 14 days prior to the public hearing date if held concurrently on the draft environmental impact statement and the site plan.

Copies of the notice of a public hearing shall be mailed by the Planning Board Secretary at least 10 days prior to the public hearing date to each owner of property abutting or directly across a street or right-of-way from the land included within the site plan, and to the applicant.

A copy of the notice of a public hearing shall be mailed by the Planning Board Secretary at least 10 days prior to the public hearing date to the Clerk of any municipality where the land included within the site plan is within 500 feet of such municipality.

One copy of all application materials including forms, plans and environmental reports shall be on file in the office of the Planning Board at least 10 days prior to the public hearing date and be available for public inspection.

(10)

Westchester County referral. In accordance with the applicable provisions of the New York State General Municipal Law and the Westchester County Administrative Code, certain site plan proposals shall be referred to the Westchester County Planning Board by the Town Planning Board as part of the formal application review process, as required.

(11)

Public hearing.

The applicant or his duly authorized representative shall be present at the public hearing to present the proposed site plan as set forth in the application materials. At the hearing, the Planning Board shall provide an opportunity for any interested person to comment on the site plan and supporting application materials.

For good cause, the Planning Board may adjourn the public hearing until a later stated date and time.

(12)

Planning Board action.

Within 62 days after the date of the close of the public hearing or within 62 days after the date of receipt of a complete application if a public hearing is not held, and after adoption of an SEQR findings statement when required, the Planning Board shall approve, with or without modification, or disapprove the site plan application by resolution which shall set forth the grounds for disapproval. When so approving a site plan, the Planning Board shall state, in writing, any modifications and conditions it deems necessary.

The filing of written approval by other agencies having approval jurisdiction over aspects of the proposed site plan shall be required as a condition of site plan approval.

The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after the date such decision is rendered and a copy thereof mailed to the applicant.

(13)

Performance bond or other security. When a performance bond or other security is offered or required to ensure completion of all required improvements, the amount of such security shall be set by the Planning Board in the resolution of site plan approval. Such security shall:

Be provided pursuant to a written security agreement with the Town, approved by the Town Attorney and the Town Board as to form, sufficiency and manner of execution.

Be limited to:

[1]

A performance bond issued by a bonding or surety company;

[2]

The deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in New York State;

[3]

An irrevocable letter of credit from a bank located and authorized to do business in New York State;

[4]

Obligations of the United States of America; or

[5]

Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements.

Be delivered to the Town or held in a Town account at a bank or trust company.

Run for a term to be fixed by the Planning Board, but in no case for a term longer than three years; provided, however, that the term of such performance bond or security agreement may be extended by the Planning Board with the consent of the parties thereto.

(14)

Engineering and inspection fee. In addition to the application fee, an engineering and inspection fee shall be paid by the applicant to cover the costs of engineering review of the application and inspection of the site construction. The fee shall be in accordance with a fee schedule adopted by the Town Board.

Reservation of parkland on site plans containing residential units. Before the Planning Board may approve a site plan containing residential units, such site plan shall also show, when required by the Planning Board in accordance with § 274-a(6) of the Town Law, a park or parks suitably located for playground or other recreational purposes.

Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute.

In the event that the Planning Board makes a finding pursuant to Subsection D(1) above but determines that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require the applicant to pay a sum of money in lieu thereof in accordance with a fee schedule adopted by the Town Board. Any moneys required by the Planning Board shall be deposited into a trust fund to be used by the Town exclusively for park, playground and other recreational purposes, including the acquisition of property.

Notwithstanding the foregoing provisions, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 276 of the Town Law, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval.

Application for area variance.

Notwithstanding any provisions of law to the contrary, where a proposed site plan contains one or more features which do not comply with the regulations of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b(3) of the Town Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of Chapter 170, Zoning, of the Code of the Town of Somers.

Upon receipt of any such application, the Board of Appeals shall refer it to the Planning Board for review and comment. The Planning Board shall review the application and, within 31 days after the date of transmittal, shall file a written report with the Board of Appeals with its recommendations concerning the planning aspects of the application.

The Board of Appeals shall not take action on such application until 31 days after the date of transmittal of the application to the Planning Board, or receipt of the Planning Board's recommendations, whichever date shall first occur.

Waiver of application procedures.

Applicability. A property owner or tenant with the consent of the property owner may apply to the Planning Board for a waiver of the site plan application procedures specified in § 170-114B and above when the proposal is for one of the following activities:

A change from one use to another that does not affect the characteristics of the site in terms of traffic, access, parking, loading, circulation, hours of operation, drainage, utilities, lighting, security or other Town services.

Revision of an approved site plan that does not increase floor area or extent of site disturbance.

Placement of a sign when it is the only improvement or where it replaces an existing sign.

Amendment of an approved special exception use permit that does not affect the characteristics of the site in terms of traffic access, parking, loading, circulation, hours of operation, drainage, utilities, lighting, security or other Town services.

Procedure. The property owner or tenant seeking a waiver of application procedures shall submit a written description of the proposed action to the Planning Board. The description shall include a statement of how the proposed action falls within the specific standards of § 170-114F(1). To further describe the proposed action, annotated site plans, maps, sketches and drawings may be submitted in addition to the written description.

Planning Board action. The Planning Board shall act on a request for a waiver within 31 days after the date of receipt of the required description. If the waiver is not approved, the Board shall specify the reasons for the denial. To approve a waiver of the application procedures, the Planning Board shall make determinations that:

The proposed action will not conflict with the site plan standards of Article IV of Chapter 144, Site Plan Review, of the Code of the Town of Somers.

The proposed action will not require physical site work that is subject to Planning Board review or, in the case of a revision to an approved but not fully constructed site plan, will not require physical site work with a scope significantly greater than that shown on the originally approved site plan.

Initiation of work. No proposed improvements or change of use may be implemented, no construction shall commence and no permits shall be issued by applicable enforcement agents or officers of the Town until after Planning Board approval for said improvements or change of use is granted by resolution and all modifications and conditions set forth by the Planning Board in said resolution are certified to have been met, as evidenced by the signature of the Planning Board Chairman on the site plan, except as may be otherwise specifically provided for in the resolution of site plan approval.

Time for signature of site plan. The approval of a site plan by the Planning Board, including approval with modifications, shall expire one year after the date of adoption of the resolution of the Planning Board granting approval, unless all conditions of such approval have been met and a plan has been submitted to and signed by the Planning Board Chairman.

Time to obtain permit and complete construction. The approval of a site plan signed by the Planning Board Chairman shall expire in the event that:

An application has not been made for a building permit or a certificate of occupancy within one year after the date the site plan was signed by the Planning Board Chairman;

All construction under the site plan is not completed within three years after the date the site plan was signed by the Planning Board Chairman; or

The construction under the site plan substantially ceases prior to completion for a period of one year or more after the date of commencement of construction.

Staging of development. The Planning Board may, in its discretion, provide for a staging of development over a longer period of time than set forth in § 170-114I by making specific provision therefor in its resolution of site plan approval. In the event that a staging of development is set forth in said resolution, site plan approval shall expire unless the provisions of said resolution, providing for such staging, are satisfied.

Extension. The Planning Board may extend the time to obtain signature of site plan, the time to obtain permit and the time to complete construction if the Planning Board deems such extension warranted under the circumstances. The application for extension shall be made prior to the expiration of the specific time period, unless good cause is shown. Only one extension of one year may be made for each of the following three stages: the time to obtain signature of site plan, the time to obtain permit and the time to complete construction. In no event shall an extension allow construction to extend under a site plan not approved for staging of development for more than four years after the date the site plan was signed by the Planning Board Chairman, absent extraordinary circumstances.

Approved site plans. The provisions of § 170-114I and K shall apply to site plans approved by resolution of the Planning Board prior to the effective date of this amendment insofar as for such site plans the references in § 170-114I and K and to "the date the site plan was signed by the Planning Board Chairman" shall be replaced with "the effective date of this amendment."

Certification of completion. No certificate of occupancy for a structure or use subject to the site plan approval procedures of this section shall be issued until certification has been made by the Planning Board, or the Town Engineer as its designated agent, that the site work has been completed in accordance with the approved plans, specifications and applicable regulations.

In lieu of full completion of site improvements, the Planning Board may allow the issuance of a certificate of occupancy by requiring the posting of financial surety with the Town Board, in form and content acceptable to the Town Attorney, to cover the full cost of uncompleted site work, consistent with § 170-114C(13). Only uncompleted site work which is determined by the Planning Board to be not detrimental to the public safety and welfare may be included, and all such work shall be completed within a period not to exceed one year.