[Amended 9-11-1974; 2-9-1978; 5-13-1993 by L.L. No. 3-1993; 1-18-1996 by L.L. No. 3-1996]
A. Approval required.
(1)
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.
(2)
The continued validity of a certificate of occupancy
shall be subject to continued conformance with an approved site plan
and conditions of approval.
(3)
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:
(a)
One single-family detached dwelling.
(c)
Permitted accessory uses as set forth in §
170-11B.
(d)
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.
B. Sketch plan submission and review.
(1)
Prior to preparation of proposals.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(2)
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:
(a)
One completed sketch plan review application
form.
(b)
Fourteen copies of the sketch plan or plans
(seven of the 14 copies may be reduced prints).
(c)
Sketch plan review fee in accordance with a
fee schedule adopted by the Town Board.
(d)
Affidavit from the Town Receiver of Taxes that
all taxes due on the subject property have been paid.
(3)
Scheduling of review.
(a)
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.
(b)
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.
(c)
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.
(a)
As a result of the Planning Board meeting discussion,
the Board may schedule a field trip to the proposed development site.
(b)
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.
C. Site plan submission, review and action.
(1)
Preparation of site plan application.
(a)
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.
(b)
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.
(c)
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.
(2)
Application for site plan approval. The following
application materials are required:
(a)
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.
(b)
Affidavit from the Town Receiver of Taxes that
all taxes due on the subject property have been paid.
(c)
Site plan application fee in accordance with
a fee schedule adopted by the Town Board.
(d)
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.
(3)
Scheduling of review.
(a)
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.
(b)
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.
(c)
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:
(a)
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.
(b)
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.
(c)
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.
(a)
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.
(b)
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.
|
(c)
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."
(d)
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.
(a)
In accordance with the New York State Environmental
Quality Review Act (SEQRA); 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.
(b)
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.
(c)
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.
(a)
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.
(b)
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.
(a)
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.
(b)
Any public hearing to be held on a draft environmental
impact statement for a proposed site plan should, if practicable,
be held concurrently.
(c)
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.
(d)
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.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(a)
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.
(b)
For good cause, the Planning Board may adjourn
the public hearing until a later stated date and time.
(12)
Planning Board action.
(a)
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.
(b)
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.
(c)
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:
(a)
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.
(b)
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.
(c)
Be delivered to the Town or held in a Town account
at a bank or trust company.
(d)
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.
D. 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.
(1)
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.
(2)
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.
(3)
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.
E. Application for area variance.
(1)
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.
(2)
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.
(3)
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.
F. Waiver of application procedures.
(1)
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)
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.
(b)
Revision of an approved site plan that does
not increase floor area or extent of site disturbance.
(c)
Placement of a sign when it is the only improvement
or where it replaces an existing sign.
(d)
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.
(2)
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.
(3)
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:
(a)
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.
(b)
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.
G. 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.
H. 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.
I. 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:
(1)
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;
(2)
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
(3)
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.
J. 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.
K. 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.
L. 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."
M. 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.
(1)
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.
(2)
Certification of full completion of site improvements
by the Planning Board shall not be made until an as-built plan, prepared
and certified by a licensed engineer or surveyor, is submitted to
the Planning Board. Said plan shall be based on a field survey and
show the location of all site improvements as constructed. The as-built
plan shall be reviewed by the Planning Board, or the Town Engineer
as its designated agent, and be found to be in compliance with the
approved site plan. An as-built plan found not to be in compliance
with the approved site plan shall be subject to review and approval
in accordance with the same procedures required for the initial application.
The requirement for an as-built plan may be waived by the Planning
Board upon recommendation by the Town Engineer.
[Added 8-12-1982]
Where any provision of this chapter establishes that special exception use permits may be granted by the Planning Board, subject to any limitations therein contained, the Planning Board is hereby authorized to review and grant, in whole or in part and with or without conditions, said special exception use permits. In considering and acting on such applications, the Planning Board shall follow all procedures, standards and guides established in Article
XVIII. For the purpose of this section, the words "Board of Appeals" in Article
XVIII shall be considered to be replaced by "Planning Board."