[Amended 1-24-2011 by L.L. No. 1-2011]
The intent of site plan review is to evaluate specified land
uses in terms of their suitability to natural site conditions, their
compatibility with surrounding land uses and their conformance with
overall plans for the community, thus minimizing possible adverse
effects on the health, safety and welfare of local residents.
[Amended 1-24-2011 by L.L. No. 1-2011]
A. Site plan submittal shall be provided as follows:
(1) Any change of occupancy as per the current New York State Building
Code definitions.
(2) Additions that exceed 25% of the existing gross floor area.
(3) Alterations that exceed 50% of the existing gross floor area.
(4) Commercial and industrial accessory structures that exceed 600 square
feet in gross floor area.
B. Exceptions:
(1) Single-, two-, or three-family dwelling on an individual lot, including
their permitted accessory structures; and general farming use.
(2) A site plan may not be required when a building is vacant in excess
of one year, granted the building reoccupies as permitted use and
complies with all provisions of the Town's Zoning Law. However, the
Building Inspector may require a site plan if there are unusual circumstances
pertaining to that site or situation.
The Planning Board, in accordance with § 274-a
of the Town Law, is hereby authorized to review and approve, approve
with modifications or disapprove site plans prepared in accordance
with such standards as are duly adopted by the Planning Board.
The Planning Board's review of the site plan
shall include, as appropriate, but is not limited to the following
considerations:
A. Zoning compliance and compatibility with the Comprehensive
Plan.
B. Location, arrangement, size, design and general site
compatibility of buildings, lighting and signs; adequacy and arrangement
of vehicular traffic access and circulation, including intersections,
road widths, pavement surfaces, dividers and traffic controls.
C. Location, arrangement, appearance and sufficiency
of off-street parking and loading.
D. Adequacy and arrangement of pedestrian traffic access
and circulation, walkway structures, control of intersections with
vehicular traffic, and overall pedestrian convenience.
E. Adequacy of stormwater and drainage facilities; adequacy
of water supply and sewage disposal facilities.
F. Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or noise buffer between
the applicant's and adjoining lands, including the maximum retention
of existing vegetation.
G. Adequacy of fire lanes and other emergency zones and
the provision of fire hydrants.
H. Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
I. Overall impact on the neighborhood, including compatibility
of design considerations.
[Amended 8-14-2006 by L.L. 5-2006]
Within 62 days of receipt of the complete application
for site plan approval, the Planning Board shall render a decision
of approval, conditional approval or disapproval. This time period
may be extended by mutual consent of the applicant and the Planning
Board.
A. Approval. Upon approval, the Planning Board shall
endorse its approval on a copy of the site plan and shall immediately
file it and a written statement of approval with the Town Clerk. A
copy of the written statement of approval shall be mailed to the applicant.
Approval of any site plan so deemed shall remain in effect for a period
of not more than one year (from the date of the approval minutes being
filed with the Town Clerk) unless a successful application for a building
permit has been made within that period or a one-time six-month extension
has been granted by the Planning Board. If a six-month extension is
granted and no building permit application is received, the site plan
approval shall be considered expired and for the project to proceed,
the project must return to the Planning Board for a new site plan
approval process (meeting all current zoning and other Town requirements).
[Amended 11-7-2022 by L.L. No. 3-2022]
B. Conditional approval. The Planning Board may conditionally
approve the site plan. Upon adequate demonstration by the applicant
that all conditions have been met, the Planning Board shall endorse
its approval on a copy of the site plan and shall immediately file
it and a written statement of approval with the Town Clerk. A copy
of the written statement of approval shall be mailed to the applicant.
C. Disapproval. Upon disapproval of the site plan, the
decision of the Planning Board shall immediately be filed with the
Town Clerk and a copy thereof mailed to the applicant.
D. Once a
complete application is made to the Planning Board for site plan approval
and, at any point during the process, there is inaction (no new information
submitted and no appearances at the Planning Board) by the applicant
for a period of six months, the application will be determined as
being withdrawn and the applicant will be notified. To begin the process
again, the applicant will be required to make a new application to
the Town and the process will be restarted.
[Added 11-7-2022 by L.L. No. 3-2022]
An application for site plan review shall be
accompanied by a fee in an amount as determined by the Town Board.
Costs incurred by the Planning Board for consultation
fees or other extraordinary expense in connection with the review
of a proposed site plan shall be charged to the applicant.