Prior to the issuance of a building permit or certificate of occupancy in all zoning districts, except accessory buildings incidental to customary agricultural operations and accessory residential structures, whether attached or detached from the residential structure, the Code Enforcement Officer shall require the preparation of a site plan. The Code Enforcement Officer shall refer the applicant to the Board for site plan review and approval in accordance with § 274-a of the Town Law (except where inconsistent with this chapter) and the standards and procedures set forth in this chapter, except when site plan approval is sought for a one-lot residential development, then § 151-18 of this chapter shall apply.
A.
A preapplication site plan conference may be held
between the Board and the site plan applicant prior to the preparation
and submission of a formal site plan. The intent of such conference
is to enable the applicant to inform the Board of his or her proposal
prior to the preparation of a detailed site plan and for the Board
to review the basic site plan concept, advise the applicant as to
potential problems and concerns and to generally determine the information
to be required on the site plan. In order to accomplish these objectives,
the applicant should provide the following:
(1)
Statement and sketch plan showing the locations and
dimensions of principal and accessory structures, parking areas, access
signs (with descriptions), existing and proposed vegetation and other
planned features and anticipated changes in the existing topography
and natural features.
(2)
A map of the area of adequate scale which clearly
shows the location of the site with respect to the nearby street right-of-way,
properties, easements and other pertinent features.
(3)
A topographical or contour map of adequate scale and
detail to show site topography.
B.
The site plan applicant may request, in writing, at
any time that his or her application for preapplication site plan
conference be added to the agenda of a regularly scheduled Board meeting,
and his or her application shall be so added, provided that the request
is submitted at least seven days prior to the requested regularly
scheduled Board meeting.
A.
An application for site plan approval, except as provided for in § 151-18 of this chapter, shall be in writing and shall be accompanied by 12 prints of a site plan, certified by a professional engineer or land surveyor, containing information contained on the following checklist. The application must contain a statement setting forth:
(1)
Whether or not a hazardous waste site registered with
the New York State Department of Environmental Conservation is located
within a one-mile radius of the proposed development.
(2)
The impact of the development on the Town's sanitary
sewer capacity, water supply capacity, drainage and traffic flow.
B.
If the site plan applicant is not the record owner
of the site, the application must include an affidavit from the record
owner giving his or her consent to the application.
C.
The following materials shall be submitted by the
applicant:
(1)
A map of the applicant's entire holding at the scale
of not more than one inch equals 100 feet, unless the Board determines
a different scale more appropriate.
(2)
An area map, at the scale of one inch equals not more
than 50 feet, showing all properties, subdivisions, streets, watercourses
and easements which pass through the property or are known to abut
the applicant's property.
(3)
A topographic map, at a scale of one inch equals not
more than 50 feet, showing contours at intervals not greater than
two-foot intervals.
(4)
A site plan containing the following information necessary to demonstrate conformance with standards for site plan approval as required in § 151-16:
(a)
The title of the drawing, including the name(s)
and address(es) of the site plan applicant and owner of record.
(b)
North point, date and scale.
(c)
The name and address of the person, firm or
organization preparing the map.
(d)
Boundaries of the property plotted to scale.
(e)
Existing watercourses and directions of drainage
flow.
(f)
A site plan showing the location of proposed
use or uses, bulk and height of all buildings and location of all
parking areas, with access drives thereto.
(g)
The location of all existing or proposed site
improvements, including:
[1]
Drains, culverts, retaining walls and fences.
[2]
Existing water and other utility facilities.
[3]
Description of methods of sewage disposal and
location of such facilities.
[5]
Location and design of lighting facilities.
[6]
The amount(s) of building area(s) proposed for
retail sales, if any.
[7]
Existing areas of vegetation and trees (in general,
five inches or more in diameter or, if in significant clusters, those
less than five inches).
(h)
A tracing overlay showing areas, if any, with
moderate to high susceptibility to flooding or ponding, moderate to
high susceptibility to erosion and slopes in excess of 15%. For areas
with potential erosion problems, the overlay shall also include an
outline of existing vegetation.
(i)
A grading plan showing existing and proposed
elevation of site.
(j)
Landscape plan and planting schedule.
(k)
Architectural plans. Architectural plans of
all proposed commercial and industrial buildings and structures and
signs and outdoor illumination facilities, unless otherwise provided
in connection with the site plan, as applicable to the particular
application, which plans may be preliminary in form but shall include
exterior elevation drawings, floor plans and perspective drawings
in sufficient detail to indicate the exterior building materials,
color, height, bulk, stories, roofline, ornamentation and general
characteristics and the interior uses of the floor area, all prepared,
except the drawings for signs, by an architect or professional engineer
licensed to practice in the State of New York; three copies shall
be submitted. All revisions shall be numbered, dated and notated.
[Amended 3-6-1997 by L.L. No. 2-1997]
D.
Stormwater
pollution prevention plan. A stormwater pollution prevention plan
consistent with the requirements of Article 1 of Local Law No. 3-2007[1] and § 180-44.1 of Chapter 180, Zoning, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in § 180-44.1 of Chapter 180, Zoning. The approved site plan shall be consistent with the provisions of Chapter 147, Article I, Stormwater Management and Erosion and Sediment Control, § 180-44.1 of Chapter 180, Zoning, and this subsection.
[Added 9-20-2007 by L.L.
No. 3-2007]
[1]
Editor's Note: A complete copy of L.L. No. 3-2007 is on file
in the Town offices.
A.
In acting on any proposed site plan application, the
Board shall take into consideration the requirements of the Comprehensive
Plan, as well as the Official Map as it may be adopted by the Town
Board. Site plans shall conform to all other provisions of § 274-a
of the Town Law (except where inconsistent with this chapter), the
Town Construction Specifications and Design Standards[1] and the standards hereinafter specified.
B.
Neighborhood. The site plan and architectural plan
shall be of a character as to harmonize with the neighborhood, to
accomplish a transition in character between areas of unlike character,
to protect property values and to preserve and enhance the appearance
and beauty of the community. This may include, for example, requiring
a vegetative buffer along the lot lines of parcels which share a boundary
with a different zoning district in order to assist in the transition
between districts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Access and circulation. Provision shall be made for
vehicular access to the lot and circulation upon the lot in such a
manner as to safeguard against hazards to traffic and pedestrians
in the street and upon the lot, to avoid traffic congestion on any
street and to provide safe and convenient circulation upon the lot.
Access and circulation shall also conform to the following:
(1)
Where reasonable alternative access is available,
the vehicular access to the lot shall be arranged to avoid commercial
traffic use of local residential streets situated in or bordered by
residential districts.
(2)
Where a lot has frontage on two or more streets, the
access may be limited to one street if the Board feels such limitation
is necessary to lessen potential for traffic congestion and hazards
to traffic and pedestrians.
(3)
The street giving access to the lot shall have traffic-carrying
capacity and roadway improvements and traffic management facilities
that are sufficient to accommodate the amount and types of traffic
generated by the proposed use, taking into account access to existing
uses along the street and existing traffic, projected to the date
of occupancy of the site. Roadway, traffic management and other deficiencies
in the street giving access, which result in congestion or impairment
of safety and convenience, may be remedied by the applicant if authorized
by the owner of the street.
(4)
Where necessary to safeguard against hazards to traffic
and pedestrians and/or to avoid traffic congestion, provision shall
be made for turning lanes, traffic directional signals, frontage road
driveways and traffic controls within the street.
(5)
Access driveways shall be of a design and have sufficient
capacity to avoid queuing of entering vehicles within any street.
(6)
Driveways into the lot shall not exceed a grade of
10% and shall meet the street line and travel way of the street with
proper transition grades and sight lines for safe, convenient and
efficient access and in such a manner as to conform to the established
cross section for the street.
(7)
Where topographic and other conditions are reasonably
usable, provision may be made for circulation driveway connections
to adjoining lots of similar existing or potential use when such driveway
connection will facilitate fire protection services and/or when such
driveway will enable the public to travel between two existing or
potential uses, open to the public generally, without need to travel
upon a street.
(8)
There may be no more than one driveway connection
from any lot to any street, except that an additional driveway connection
may be provided where necessary to safeguard against hazards and to
avoid congestion or when it is determined that there will be no increased
hazards or congestion as a result of the additional driveway connection.
D.
Existing streets. Where the lot has frontage on an
existing street, proper provision shall be made for grading and improvement
of shoulders and sidewalk areas within the right-of-way of the street
and for provision of curbs and sidewalks in accordance with the pattern
of development along the street. Where necessary to provide for suitable
access or for a system of neighborhood circulation streets, provision
shall also be made for appropriate continuation and improvement of
streets terminating at the lot where the use is to be located.
E.
Parking and loading. Off-street parking and truck
loading spaces shall be provided in accordance with the Town Construction
Specifications and Design Standards. Whenever possible, area on the
lot shall be provided for any truck maneuvering necessary to use off-street
truck loading spaces. Truck loading spaces and maneuvering areas shall
have dimensions sufficient to accommodate the type and size of truck
expected at the premises.
F.
Drainage.
(1)
Provision shall be made on the lot for the management
of stormwater, including collection, detention, retention and disposal
thereof, in the following manner:
(a)
To assure the usability of off-street parking
and loading spaces.
(b)
To avoid hazards to pedestrians and vehicular
traffic on the lot and in any street.
(c)
To avoid stormwater flow across sidewalks and
other pedestrianways.
(d)
To protect watercourses and wetlands from pollution,
erosion and sedimentation.
(e)
To avoid an amount of discharge and time of
concentration of flow beyond the capacity of downstream drainage channels.
(f)
To avoid downstream flooding.
(2)
Provision shall also be made for on-site detention,
retention or recharge for the protection or improvement of existing
watercourses, channels, floodways and other drainage systems, on the
lot or downstream from the lot, as needed to accept or regulate the
proposed drainage discharge, based on sound design criteria under
good engineering practice, taking into account the drainage requirements
of the entire watershed in which the lot is located.
H.
Wetlands and watercourses. Where wetlands and/or watercourses
are located on or adjacent to the lot, provision shall be made for
their protection in a natural state, unless modification is approved
by the Board and, when subject to regulatory jurisdiction by a Town,
county, state or federal agency, is approved by such agency prior
to site plan approval.
I.
Special flood hazard areas. When any part of the lot is located within an area of special flood hazard, the site plan shall conform to the requirements of Chapter 88, Flood Damage Prevention.
J.
Fire protection. Proper provision shall be made for
fire protection facilities and access, taking into account any recommendations
of the Chief of the Fire Department serving the proposed development
and including the following:
(1)
Suitable location for and access to fire hydrants
and/or fire ponds and other water storage.
(2)
Suitable access to buildings and open storage areas
for operation of fire protection vehicles and equipment.
(3)
Sufficient controls on traffic and parking to permit
access by fire protection vehicles in emergencies.
(4)
Adequate circulation driveways within the lot, coordinated
with access to other lots, to permit access by fire protection vehicles.
K.
Sanitation. Provision shall be made for water supply,
sewage disposal, control of wastes and protection of water quality
in accordance with the following criteria:
(1)
Proper provision shall be made for the water supply
and sewage disposal requirements of the proposed use. When on-site
systems are to be used, such systems shall be designed and constructed
in accordance with applicable county and/or state law, and the design
concept and layout for such systems shall be approved by Wayne County
or New York State departments and agencies, if required prior to approval
of the site plan. Approval of the site plan may be conditioned upon
such department's or agency's approval of the final design of the
system.
(2)
Proper provision shall be made for the collection,
storage and disposal of solid and liquid wastes accumulated in connection
with the proposed use and for control of litter by means of receptacles,
fences, programs for site maintenance and cleaning and other means
approved by the Planning Board.
(3)
The site plan shall demonstrate how any toxic or hazardous
substances are to be managed in accordance with applicable law and
so as to avoid danger to the public health and degradation of surface
waters and groundwaters and wetlands.
(4)
Proper provision shall be made for any aboveground
or in-ground storage of fuels and deicing salts and chemicals in a
manner that protects groundwater aquifers having potential for significant
water supply.
L.
Landscaping. Landscaping shall be provided and permanently
maintained on the lot to conform to the standards of the Town Construction
Specifications and Design Standards,[3] particular requirements of this chapter and the following:
(1)
All areas of the lot not covered by buildings and
other structures, open storage and approved paving shall be suitably
landscaped with trees and/or shrubs, lawns or other suitable landscaping
or shall be left as natural terrain, if not disturbed by filling,
grading or excavation.
(2)
Landscaping, including grading, provided in the front
yard area of the lot shall be of a type, size and height as to avoid
obstruction of minimum sight lines along the street as well as from
access driveways onto the street, whether the driveway is located
on the lot or any other lot, in accordance with the standards of the
New York State Department of Transportation.
M.
Lighting. The location, height, design, direction
and brightness of outdoor illumination (area lighting, floodlighting
and illumination of signs) shall be arranged and maintained as follows:
(1)
To provide sufficient illumination for safety, convenience
and security.
(2)
To minimize sky glow.
(3)
To safeguard against discomfort glare and visibility
veiling glare in any street and upon pedestrianways and vehicular
parking, loading and circulation areas on the lot where located or
any other lot.
(4)
To harmonize with the neighborhood and avoid trespass
illumination on any other lot.
N.
Signs. Any signs to be established on the lot shall be part of the site plan submission and shall be in accord with the Sign Law at Chapter 143 of the Town Code, including that where the Sign Law requires a sign permit for any signs, such permit application(s) be submitted along with any site plan applications.
[Amended 8-16-2018 by L.L. No. 3-2018]
O.
Buildings and structures. Buildings and other structures
shall have an exterior design to harmonize with the surrounding neighborhood.
The exterior walls of any building that are visible from any street
or any other lot shall present a finished appearance by means of materials
consistent with the design of the building as a whole. No mechanical
equipment shall be located on the roof of a building if visible from
any street, unless such equipment is housed or screened from view
in a manner consistent with the architectural design of the building.
P.
Nonconformity. After public hearing as provided in § 151-17B, the Planning Board may approve a site plan authorizing the construction, moving or alteration of buildings and structures on a lot having existing site development which fails to conform to the standards of this section and/or authorizing continuation, enlargement, extension, moving or reconstruction of existing site development which fails so to conform if the Planning Board finds that the following standards are met:
(1)
The proposed construction will result in a general
improvement of the lot with regard to safe access, sight lines along
streets, suitable drainage and adequate landscaping.
(2)
Nonconforming signs and lighting will be brought into
a conforming or more nearly conforming condition.
(3)
Adequate provision is made for landscaping abutting
nonbusiness districts.
(4)
There shall be no increase in the nonconformity of
buildings and other structures and site improvements.
A.
The site plan applicant may request, in writing, at
any time that his/her/its application be added to the agenda of the
regularly scheduled Board meeting and his/her/its application shall
so be added, provided that the request is submitted at least 21 days
prior to the requested regularly scheduled Board meeting if a hearing
is required, and seven days prior to the requested regularly scheduled
Board meeting if no public hearing is required.
[Amended 5-20-1999 by L.L. No. 2-1999]
B.
The Board shall hold a public hearing on the application
for site plan approval, which hearing shall be held within 62 days
after completion of the application and upon publication of notice
of hearing at least five days prior to the date of the hearing. Within
62 days after the public hearing, the Board shall approve, conditionally
approve, with or without modification, or disapprove the application
for site plan approval. If modifications are required, the applicant
shall make the changes, add a revision date and resubmit to the Board
12 copies of the revised site plan. The findings and decision of the
Board shall be in writing and filed in the office of the Town Clerk.
A copy of the decision shall be mailed to the applicant at the address
indicated on the application.
A.
Site plans.
[Amended 3-7-2002 by L.L. No. 2-2002; 2-3-2005 by L.L. No. 2-2005]
(1)
Site plan review of a single residential lot for the
construction of a residence and/or associated accessory structures
shall be administratively reviewed by the Code Enforcement Officer
and the engineer for the Town, and thus not require formal site plan
review pursuant to this chapter. However, if the Code Enforcement
Officer or the engineer for the Town finds, in either of their sole
discretion, that the application is not appropriate for administrative
review because facts of the application instead merit discretionary
review by the Planning Board, then the application shall be referred
to the Planning Board for review and approval in accordance with the
provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
For the amendment or modification of a one-lot, one-parcel,
one-plot or one-site residential site plan which has been previously
approved and where the applicant desires to amend or modify the site
plan approval previously granted, the applicant shall make application
to the Building Inspector for a building permit and said building
permit shall be issued, provided:
(a)
The proposed amendment or modification to the
site plan does not increase the square footage of the building footprint
set forth on the original site plan by more than 40%; and
(b)
The proposed amendment or modification to the
site plan complies with all state, county and Town laws, rules and
regulations.
B.
An application for a one-lot residential site plan
approval shall be made, in writing, to the Code Enforcement Officer
and engineer for the Town and shall be accompanied by 12 copies of
a site plan prepared by a professional engineer or land surveyor.
The plan sheet shall be prepared on a cloth or Mylar having a trim
line dimension of 22 inches by 34 inches, and the plan shall be at
a scale of one inch equals 50 feet or larger. All dimensions or distances
shall be to the nearest hundredth of a foot. The following information
shall be shown on the site plan:
(1)
Identification: a title for each sheet in the lower
right-hand corner indicating the name of the proposed development,
owner and developer; great lot number, Township 13, Range 3, Town
of Walworth, Wayne County, New York, scale and date.
(2)
North arrow: a North arrow oriented towards the top
or right-hand side of the sheet.
(3)
Bench mark: United States Geological Survey (USGS)
or assumed datum bench mark.
(4)
Certification: the plan sheet certification as follows:
|
"This site plan was prepared from the notes
of a boundary line and topographic survey completed under my supervision
(completion date of survey). Sewage disposal and water supply facilities
have been designed to meet the minimum requirements of the State of
New York, Department of Health. Signed ________________P.E. License
No. ________or signed and sealed pursuant to § 7208, Subdivision
n, of the State Education Law. Signed ________________ L.S. License
No. __________."
|
(5)
Stamp and signature: Legibly stamp the plan with professional
engineer or licensed surveyor license stamp and affix signature adjacent
to the stamp.
(6)
Existing street: Show right-of-way lines, street width,
street pavement, pavement width and any assigned state route numbers,
county road numbers and street names.
(7)
Property lines: boundaries of the proposed development
with bearings and distances. Tie dimensions to nearest street intersection.
(8)
Property markers: three-fourths-inch diameter by 3 1/2
feet long standard steel pipes set flush with finished grade to mark
all property corners of the development. A note stating that "Property
markers shall be set prior to issuance of a certificate of occupancy."
(9)
Owner's names: the names of the owners of all adjacent
properties including those on the opposite side of the street.
(10)
Area: area shall be given to the nearest hundredth
of an acre for each lot.
(11)
Easements: boundaries of existing and proposed
easements with bearings and distances.
(12)
Existing topography: existing grade contours
at one-foot intervals and other significant topographic features.
(13)
Existing utilities: water mains, with size and
location, hydrants, valves; wells within 100 feet of the proposed
development; storm drains and culverts with size, invert elevations
and direction of flow; electric poles and telephone poles.
(14)
Proposed grading and drainage: finished grade
contours at one-foot intervals; storm drains and culverts with size,
invert elevations and direction of flow; drainage ditches and swales.
(15)
Proposed water supply: for well supplies, provide
well sections; for public water supply, show size of existing main
and proposed service with curb stop location and/or meter pit for
services exceeding 200 feet in length.
(17)
Proposed driveway location with site distance
dimensions.
C.
Site plans for applications to convert nonresidential
structure into residential building.
[Added 3-7-2002 by L.L. No. 2-2002]
(1)
Site plans prepared for an application to convert
an existing nonresidential structure into a residential building shall:
(2)
The Planning Board shall review and approve all architectural
aspects of the building as proposed to be converted, including, but
not limited to, exterior building material, color, roof lines, ornamentation
and general characteristics, to assure that the building is compatible
and in harmony with other residential buildings in the surrounding
neighborhood.
[Amended 3-7-2002 by L.L. No. 2-2002]
The applicant may be required to post performance security in the form of a letter of credit or a certified check based upon an engineer's estimate (the cost amount must be based on prevailing rates required by public works projects) in an amount and duration all as set forth in § 151-7 of this chapter to assure that all streets and improvements and other public places shown on a site plan shall be suitably graded and paved and that the street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary wires and cables and other connecting facilities, sanitary sewers, storm drains and combined sewers shall be installed in accordance with standards, specifications and procedures acceptable to the Board. If performance security is required, the Board may also require labor payment, material payment, operation and maintenance security as required in § 151-7 of this chapter.
[Amended 12-18-2003 by L.L. No. 6-2003; 2-3-2005 by L.L. No. 2-2005]
Upon a finding by the Planning Board that, due
to special conditions particular to a site, certain of the information
normally required as part of the site plan is inappropriate or unnecessary
or that strict compliance with such requirements may cause extraordinary
and unnecessary hardships, the Planning Board may vary or waive such
requirements whenever, in the opinion of the Planning Board, such
variance or waiver shall not be detrimental to the public health,
safety or general welfare or have any effect of nullifying the intent
and purpose of the site plan submission, the Official Map, the Town's
Comprehensive Plan or this article. The site plan applicant desiring
such a waiver shall file a written request, at the time the application
is added to the Planning Board's agenda, setting forth why the waiver
should be granted.
[Amended 5-20-1999 by L.L. No. 2-1999; 4-5-2001 by L.L. No.
2-2001; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
Site plan approval, whether granted by the Code Enforcement Officer and the engineer for the Town pursuant to § 151-18 or by the Planning Board pursuant to § 151-5B(10), 151-17 or 151-18, will expire if a building permit for the development thereof is not issued within one year or if construction is not completed during the life of such building permit. Site plan approval may be extended prior to expiration, once, for one year, by the Planning Board in its discretion so long as an extension would not be a detriment to the Town due to changed circumstances since approval, upon the submittal of a written application with payment of the application extension fee. Said application must be accompanied by a statement from an architect, professional engineer or land surveyor licensed to practice in the State of New York setting forth that the site plan, as previously approved, still conforms and is in compliance with all State of New York, Town of Walworth laws, rules and regulations. Upon receipt of the completed application, appropriate fee, and required documentation, the matter will then be added to the agenda of the next regularly scheduled Planning Board meeting.
