A.
It is the policy of the Town of Dover to allow a variety of uses of land, provided that such uses do not adversely affect neighboring properties, the natural environment, or the rural and historic character of the town. Many uses are therefore permitted only upon issuance of a special permit by the Planning Board, in order to ensure that these uses are appropriate to their surroundings and consistent with the purposes of this chapter. Some uses are allowed by right, subject only to site plan approval (see Use Table in § 145-10B). Communication towers, junkyards, adult entertainment uses, and uses not listed on the Use Table (if not prohibited by § 145-10C) require a special permit issued by the Town Board, which shall follow the procedures and standards established for the Planning Board in this Article IX.
B.
Accessory uses or structures used in connection with
a special permit or site plan use shall be subject to the same approval
requirements as the principal structure or use.
C.
Minor and major projects.
(1)
A minor project is a special permit or site plan application
that falls within all of the following thresholds (over a three-year
period):
(a)
Construction of four multifamily dwelling units
or a lodging facility with six bedrooms.
(b)
Construction of facilities or structures for
a nonresidential use covering 3,000 square feet of building footprint.
(c)
Alteration of existing structures or expansion
of such structures by 1,000 square feet.
(d)
Conversion of existing structures totaling 5,000
square feet to another use.
(e)
Alteration and active use of 10,000 square feet
of land, with or without structures.
(f)
Soil mining that does not require a Department
of Environmental Conservation permit.
(g)
Construction of a structure that is 80 feet
or higher above average grade level.
(2)
A major project is a special permit or site plan application
exceeding any of the minor project thresholds.
Because the impact of special permit uses varies,
the review procedure and information required to be submitted for
a special permit varies depending upon whether it is a major or minor
project.
A.
Major project special permit. An applicant for a major
project special permit shall submit the following:
(1)
A major project application form.
(2)
A site plan, containing the information listed in § 145-65B, unless submission of certain information has been waived at a preapplication meeting.
(3)
A narrative report describing how the proposed use will satisfy the criteria set forth in § 145-63, as well as any other applicable requirements relating to the specific use proposed.
(4)
A long-form environmental assessment form or draft
environmental impact statement.
(6)
The major project special permit application fee,
as established by the Town Board, and any required escrow deposit
for review costs, as required by the Planning Board.
B.
Minor project special permits. An applicant for a
minor project special permit shall submit the following:
(1)
A minor project application form.
(2)
A plot plan providing information sufficient to enable the reviewing board to make an informed decision (which may include some of the site plan information listed in § 145-65B).
(3)
A brief narrative describing the proposed use.
(4)
A short-form environmental assessment form (EAF) (unless
the Planning Board determines that the proposed special permit is
a Type I action, in which case a long-form EAF shall be required).
(6)
The minor project application fee as established by
the Town Board and an escrow deposit (if required).
A.
Preapplication meetings. Before filing an application,
a preliminary conference with the Code Enforcement Officer is required
to discuss the nature of the proposed use and to classify it as a
major or minor project. If the Code Enforcement Officer classifies
the project as a major project, a preliminary meeting with the Planning
Board is required to discuss the nature of the proposed use and to
determine the information that will need to be submitted in the site
plan.
B.
Mediation option. At any point in a project review
process the Planning Board may, if it deems it appropriate and the
parties consent, appoint a mediator to work informally with the applicant,
neighboring property owners, and other interested parties to address
concerns raised about the proposed special permit use. Any party may
request mediation. Such mediation may be conducted by any qualified
and impartial person acceptable to the parties and the Planning Board.
The mediator shall have no power to impose a settlement or bind the
parties or the Planning Board, and any settlement reached shall require
Planning Board approval to assure compliance with all provisions of
this chapter. The cost, if any, of such mediation may be charged to
the applicant as part of the cost of project review, with the applicant's
written consent. Such cost may also be paid by the town, or shared
by other parties with their written consent.
C.
Application.
(1)
Application for a special permit shall be made to
the Planning Board in the manner prescribed by the Board.
(2)
If an application is for a parcel or parcels on which
more than one use requiring a special permit is proposed, the applicant
may submit a single application for all such uses. The Planning Board
may grant the application with respect to some proposed uses and not
others. For purposes of determining whether the application is a major
or minor project, and for SEQRA compliance, all proposed uses on a
single parcel or on contiguous or related parcels under single or
related ownership shall be considered together.
(3)
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special permit contains one or more features which do not comply with the dimensional requirements of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 145-59F without a decision or determination by the Code Enforcement Officer.
D.
State Environmental Quality Review Act (SEQRA) compliance.
Upon receipt of application materials it deems complete, the Planning
Board shall initiate the New York State Environmental Quality Review
process by either circulating the application and environmental assessment
form to all involved agencies (if coordinated review is undertaken)
or by issuing its determination of significance within 20 days. Where
the proposed action may have a significant effect on the environment,
the Planning Board shall issue a positive declaration and require
the submission of a draft environmental impact statement (DEIS). No
time periods for decisionmaking in this chapter shall begin to run
until either acceptance of a DEIS as satisfactory pursuant to New
York State Department of Environmental Conservation regulations or
the issuance of a negative declaration.
E.
Referral to County Planning Board.
(1)
Upon receipt of application materials it deems to
be complete, the Planning Board shall refer to the County Planning
Board any application for a special permit affecting real property
within 500 feet of the boundary of the Town of Dover, the boundary
of any existing or proposed county or state park or other recreational
area, the boundary of any existing or proposed county or state roadway,
the boundary of any existing or proposed right-of-way for a stream
or drainage channel owned by the county for which the county has established
channel lines, the boundary of any existing or proposed county- or
state-owned land on which a public building or institution is situated,
or the boundary of a farm operation within an agricultural district
as defined in Article 25AA of the Agriculture and Markets Law, pursuant
to the General Municipal Law, Article 12-B, §§ 239-l
and 239-m, as amended.
(2)
No action shall be taken on applications referred
to the County Planning Board until its recommendation has been received
or 30 days have elapsed after its receipt of the complete application,
unless the county and town agree to an extension beyond the thirty-day
requirement for the County Planning Board's review.
(3)
County disapproval. A majority-plus-one vote of the
Planning Board shall be required to grant any special permit which
receives a recommendation of disapproval from the County Planning
Board before the Planning Board takes action. The Planning Board shall
by resolution set forth its reasons for such contrary action.
F.
Notice and hearing.
(1)
If an agricultural data statement has been submitted,
the Secretary of the Planning Board shall, upon receipt of the application,
mail written notice of the special permit application to the owners
of land as identified by the applicant in the agricultural data statement.
Such notice shall include a description of the proposed project and
its location. The cost of mailing the notice shall be borne by the
applicant.
(2)
The Planning Board shall hold a public hearing on
a complete special permit application within 62 days of its submission.
The Board shall give public notice of such hearing by causing publication
of a notice of such hearing in the official newspaper at least five
days prior to the date thereof. The Board shall also send notices
of the hearing to owners of contiguous properties. The cost of giving
all notices shall be charged to the applicant.
(3)
For all major projects, the applicant shall also be
required to post a notice on a sign purchased from the Town Clerk
stating that there is a pending application on the property, and providing
the date, time, and place of the hearing, the place and times the
application may be reviewed by the public, and a telephone number
to call for further information. This sign shall be posted in public
view in a conspicuous location within three days after the Planning
Board establishes a public hearing date, shall be updated if more
hearing dates are scheduled, and shall remain in place until the day
after the hearing is closed.
G.
Action.
(1)
The Board shall grant, deny, or grant subject to conditions the application for a special permit within 62 days after the hearing for a major project and within 31 days for a minor project. Any decision on a major project shall contain written findings explaining the rationale for the decision in light of the standards contained in § 145-63 below.
(2)
In granting a special permit, the Planning Board may impose any conditions which it considers necessary to fulfill the purposes of this chapter. These conditions may include increasing dimensional or area requirements, requiring the set-aside of perpetual open space land pursuant to § 145-20, specifying location, character and number of vehicle access points, requiring landscaping, planting and screening, requiring clustering of structures and uses in order to preserve environmental resources and minimize the burden on public services and facilities, and requiring action by the applicant, including the posting of performance bonds and furnishing of guaranties to insure the completion of the project in accordance with the conditions imposed.
H.
Expiration, revocation and enforcement.
(1)
A special use permit shall expire if the special permit use or uses
cease for more than 24 consecutive months for any reason, if the applicant
fails to obtain the necessary building permits or fails to comply
with the conditions of the special permit within 18 months of the
issuance, or if its time limit expires, without renewal. The Planning
Board may in its discretion grant up to two one-year extensions of
the time in which to obtain the necessary building permits or comply
with the conditions of special permit approval. In considering a request
for such an extension, the Planning Board shall evaluate whether any
significant changes to the Town's Zoning Law may have occurred
since the issuance of the original approval. Should the Planning Board
determine that the special use permit no longer complies with the
Zoning Law, the Planning Board may deny the special permit extension
and the applicant may reapply for approval in accordance with the
new Zoning Law. The Town Board may establish a fee for an extension
of the special use permit. These provisions shall apply to the Town
Board in the event that the Town Board has jurisdiction over a special
use permit application.
[Amended 7-29-2015 by L.L. No. 3-2015]
(2)
A special permit may be revoked by the Planning Board
if the permittee violates the conditions of the special permit or
engages in any construction or alteration not authorized by the special
permit.
[Amended 12-29-1999 by L.L. No. 3-1999]
In granting or denying special permits, the
Planning Board shall take into consideration the scale of the proposed
project, the possible impact of the proposed project on the functioning
of nearby farm operations, and, in rural areas, the tradition of freedom
of land use where such use does not interfere with or diminish the
value of adjoining property. The Planning Board shall also take account
of any proposed conservation easements, architectural restrictions,
or other measures that would tend to mitigate potential adverse impacts
and preserve or enhance the scenic and historic character of the town.
No special permit shall be granted for any property on which there
exists a violation of this chapter, including a violation of any condition
of a previous municipal approval, unless the Planning Board finds
that the applicant has no legal right or ability to remedy the violation
or that the grant of a special permit is necessary to remedy a condition
that poses a risk to public health or safety.
A.
Minor projects. A minor project shall be presumed to be acceptable if it complies with applicable health laws and other specific provisions of this chapter. In order to grant a minor project special permit, the Planning Board must determine that none of the criteria for major projects listed in Subsection B below will be violated. The Planning Board shall deny a minor project special permit if it determines that one or more of these criteria will be violated.
B.
Major project criteria. Before granting or denying
a major project special permit, the Planning Board shall make specific
written findings establishing whether or not the proposed major project:
(1)
Will comply with all land use district, overlay district,
and other specific requirements of this chapter and other local laws
and regulations and will be consistent with the purposes of this chapter
and of the land use district in which it is located.
(2)
Will not result in excessive off-premises noise, dust,
odors, solid waste, or glare or create any public or private nuisances.
(3)
Will not cause significant traffic congestion, impair
pedestrian safety, or overload existing roads, considering their current
width, surfacing, and condition, and any improvements proposed to
be made to them by the applicant.
(4)
Will be accessible to fire, police, and other emergency
vehicles.
(5)
Will not overload any public water, drainage, or sewer
system, or any other municipal facility.
(6)
Will not materially degrade any watercourse or other
natural resource or ecosystem or endanger the water quality of an
aquifer.
(7)
Will be suitable for the property on which it is proposed,
considering the property's size, location, topography, vegetation,
soils, natural habitat, and hydrology, and, if appropriate, its ability
to be buffered or screened from neighboring properties and public
roads.
(8)
Will be subject to such conditions on operation, design
and layout of structures, and provision of buffer areas as may be
necessary to ensure compatibility with surrounding uses and to protect
the natural, historic, and scenic resources of the town.
(9)
Will be consistent with the goal of concentrating
retail uses in hamlets, avoiding strip commercial development, and
buffering nonresidential uses that are incompatible with residential
use.
(10)
Will not adversely affect the availability of
affordable housing in the town.
(12)
If the property is in a residential district,
will have no greater overall off-site impact than would full development
of the property with uses permitted by right, considering relevant
environmental, social, and economic impacts.
The terms and conditions of any special permit
may be amended in the same manner as required for the issuance of
a special permit, following the criteria and procedures in this article.
Any enlargement, alteration, or construction of accessory structures
not previously approved shall require site plan review only, provided
that the use does not change.
A.
Applicability.
(1)
Site plan approval by the Planning Board shall be
required for all permitted uses listed on the Use Table as requiring
site plan approval only. Site plan review shall be included as an
integral part of the special permit approval process, and no separate
site plan approval shall be required for uses requiring a special
permit.
B.
Required information for site plan. An application
for site plan approval shall be accompanied by plans and descriptive
information sufficient to clearly portray the intentions of the applicant.
Minor project site plans shall contain only such information listed
below as the Planning Board deems necessary to conduct an informed
review. Major project site plans shall be prepared by a licensed professional
engineer, architect, or landscape architect and shall include the
following (unless waived):
(1)
A vicinity map drawn at the scale of 2,000 feet to
the inch or larger that shows the relationship of the proposal to
existing community facilities which affect or serve it, such as roads,
shopping areas, schools, etc. The map shall also show all properties,
subdivisions, streets, and easements within 500 feet of the property.
Such a sketch may be superimposed on a United States Geological Survey
or New York State Department of Transportation map of the area.
(2)
An existing conditions map, showing existing buildings,
roads, utilities, and other man-made features, as well as topography
and all existing natural land features that may influence the design
of the proposed use, such as rock outcrops, single trees eight or
more inches in diameter located within any area where clearing will
occur, forest cover, soils (including prime and statewide important
agricultural soils), and ponds, lakes, wetlands and watercourses,
aquifers, floodplains, and drainage retention areas.
(3)
A site plan, drawn at a scale and on a sheet size
appropriate to the project. The information listed below shall be
shown on the site plan and continuation sheets.
(4)
Name of the project, boundaries, date, North arrow,
and scale of the plan, name and address of the owner of record, developer,
and seal of the engineer, architect, or landscape architect. If the
applicant is not the record owner, a letter of authorization shall
be required from the owner.
(5)
The location and use of all existing and proposed
structures within the property, including all dimensions of height
and floor area, all exterior entrances, and all anticipated future
additions and alterations.
(6)
The location of all present and proposed public and
private ways, off-street parking areas, driveways, outdoor storage
areas, sidewalks, ramps, curbs, paths, landscaping, walls, and fences.
Location, type, and screening details for all waste disposal containers
shall also be shown.
(7)
The location, height, intensity, and bulb type (sodium,
incandescent, etc.) of all external lighting fixtures. The direction
of illumination and methods to eliminate glare onto adjoining properties
must also be shown.
(8)
The location, height, size, materials, and design
of all proposed signs.
(9)
The location of all present and proposed utility systems,
including:
(10)
Erosion and sedimentation control plan required by Chapter 65 of the Dover Town Code to prevent the pollution of surface or ground water, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
(11)
Existing and proposed topography at two-foot
contour intervals, or such other contour interval as the Board shall
specify. All elevations shall refer to the nearest United States Coastal
and Geodetic Bench Mark. If any portion of the parcel is within the
one-hundred-year floodplain, the area will be shown and base flood
elevations given. Areas shall be indicated within the proposed site
and within 50 feet of the proposed site where soil removal or filling
is required, showing the approximate volume in cubic yards.
(12)
A landscape, planting, and grading plan showing
proposed changes to existing features.
(13)
Land use district boundaries within 200 feet
of the site's perimeter shall be drawn and identified on the site
plan, as well as any overlay districts that apply to the property.
(14)
Traffic flow patterns within the site, entrances and exits, and loading and unloading areas, as well as curb cuts on the site and within 100 feet of the site. The Planning Board may, at its discretion, require a detailed traffic study for large developments or for those in heavy traffic areas to satisfy the requirements of § 145-40N.
(15)
For new construction or alterations to any structure,
a table containing the following information shall be included:
(16)
Elevations at a scale of 1/4 inch equals one
foot for all exterior facades of the proposed structure(s) and/or
alterations to or expansions of existing facades, showing design features
and indicating the type and color of materials to be used.
(17)
Where appropriate, the Planning Board may request
soil logs, percolation test results, and storm runoff calculations.
(18)
Plans for disposal of construction and demolition
waste, either on site or at an approved disposal facility.
(19)
Long-form environmental assessment form or draft
environmental impact statement.
(20)
Where appropriate, a cultural resource survey
of resources with historic or archaeological significance.
(21)
Other information that may be deemed necessary
by the Planning Board.
C.
Waivers. The Planning Board may waive or allow deferred submission of some of the information required in Subsection B above, as it deems appropriate.
D.
Criteria. In reviewing site plans, the Planning Board
and Architectural and Community Appearance Board of Review shall consider
the criteria set forth below. The Planning Board may also use as approval
criteria the three-volume set of illustrated design guidelines published
by the Dutchess County Department of Planning in 1994, titled "Hamlet
Design Guidelines," "Building Form Guidelines," and "Rural Design
Guidelines," and may adapt the recommendations of those documents
to the requirements of this chapter.
(1)
Layout and design.
(a)
All structures in the plan shall be integrated
with each other and with adjacent structures and shall, where practical,
be laid out in the pattern of a traditional hamlet.
(b)
Structures that are visible from public roads
shall be compatible with each other and with traditional structures
in the surrounding area in architecture, design, massing, materials,
and placement and shall harmonize with traditional elements in the
architectural fabric of the area.
(c)
Architectural design shall be in keeping with
the small-town architectural character of Dover. In general, the design
shall avoid flat roofs, large expanses of undifferentiated facades,
and long, plain wall sections.
(d)
Where appropriate, setbacks shall maintain and
continue the existing setback pattern of surrounding properties.
(e)
The Planning Board shall encourage the creation
of landscaped parks or squares easily accessible by pedestrians.
(f)
Trademarked architecture which identifies a
specific company by building design features shall be prohibited,
unless the applicant can demonstrate that the design is compatible
with the historic architecture of Dover or the Building Form Guidelines.
(g)
Impacts on historic and cultural resources shall
be minimized.
(2)
Landscaping.
(a)
Landscape buffers shall be provided between
uses that may be incompatible, such as large-scale commercial uses
and residences. Such buffers may include planted trees and shrubs,
hedgerows, berms, existing forest land or forest created through natural
succession. The width of such buffer areas will depend upon the topography,
scale of the uses, and their location on the property but shall normally
be between 50 feet and 200 feet.
(b)
Landscaping shall be an integral part of the
entire project area and shall buffer the site from and/or integrate
the site with the surrounding area, as appropriate.
(c)
Primary landscape treatment shall consist of
shrubs, ground cover, and shade trees and shall combine with appropriate
walks and street surfaces to provide an attractive development pattern.
Landscape plants selected should generally be native to the region
and appropriate to the growing conditions of the town's environment.
(d)
Insofar as practical, existing trees and other
vegetation shall be conserved and integrated into the landscape design
plan.
(e)
If deemed appropriate for the site by the Planning
Board, shade trees at least six feet tall and two-inch caliper shall
be planted and maintained at twenty- to forty-foot intervals along
roads, at a setback distance acceptable to the Highway Superintendent.
(f)
For landscaping parking lots, see § 145-38A(4)(c).
(3)
Parking, circulation and loading.
(a)
Roads, driveways, sidewalks and off-street parking
and loading space shall be safe and shall encourage pedestrian movement.
(b)
Vehicular and pedestrian connections between
adjacent sites shall be provided to encourage pedestrian use and to
minimize traffic entering existing roads. The construction of connected
parking lots, service roads, alleys, footpaths, bike paths, and new
public streets to connect adjoining properties shall be required where
appropriate.
(d)
Access from and egress to public highways shall
be approved by the appropriate highway department, including town,
county, and state.
(e)
All buildings shall be accessible by emergency
vehicles.
(4)
Reservation of parkland. Before the Planning Board
may approve any site plan containing residential units, such site
plan shall also show, when required by such Board, a park or parks
suitably located for playground or other recreational purposes.
[Amended 7-8-2004 by L.L. No. 4-2004]
(a)
The Planning Board shall not require land for
park, playground or other recreational purposes until it 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 future needs for park and recreational facilities in the
Town based on projected population growth to which the particular
site plan will contribute. Such findings shall provide an individualized
determination that such required dedication or reservation is related
both in nature and extent to the impact of the proposed site plan.
(b)
In the event the Planning Board makes a finding pursuant to the preceding subsection that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purpose, but 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 a sum of money in lieu thereof. In making such determination of suitability, the Board shall assess the size and suitability of lands shown in the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate community. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited in the Town of Dover Trust Fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. Such payment shall be a condition of site plan approval and shall be assessed in accordance with the site plan recreation fee schedule established under Chapter 73, Fees, in the Dover Town Code. No site plan shall be signed by the Chairman of the Planning Board until such payment has been received by the Town and receipt therefor provided to the Planning Board.
(c)
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 with
any land set aside or money donated in lieu thereof under such subdivision
approval. In the event of resubdivision of such plat, nothing shall
preclude the additional reservation of parkland or money donated in
lieu thereof.
(5)
Miscellaneous standards.
(a)
Buildings and other facilities shall be designed,
located, and operated to avoid causing excessive noise on a frequent
or continuous basis.
(b)
Exterior lighting fixtures shall be shielded
to prevent light from shining directly onto neighboring properties
or public ways. Light standards shall not exceed 20 feet in height.
(c)
Drainage of the site shall recharge groundwater
to the extent practical. The peak rate of surface water flowing off
site shall not increase above predevelopment conditions and shall
not adversely affect drainage on adjacent properties or public roads.
(d)
Applicable requirements for proper disposal
of construction and demolition waste shall be satisfied, and any necessary
permits or agreements for off-site disposal shall be obtained.
(e)
No materials shall be placed below the finished grade of a site other than sand, gravel, rocks, and soil that are uncontaminated by any solid waste or hazardous materials. Materials that were previously contaminated and have been reconditioned shall not be permitted under this Subsection D(5)(e), except that decontaminated material may be used as a base for road or parking lot construction, provided that such decontaminated material does not pollute groundwater or surface water.
B.
Preapplication meetings. Before filing an application,
a preliminary conference with the Code Enforcement Officer and one
person designated by the Planning Board Chair is required to discuss
the nature of the proposed use and to classify it as a major or minor
project. If the Code Enforcement Officer classifies the project as
a major project, a preliminary conference with the Planning Board
is required to discuss the nature of the proposed use and to determine
the information that will need to be submitted in the site plan. The
applicant is also encouraged to meet with the Architectural and Community
Appearance Board of Review prior to submitting a site plan approval
application.
C.
Submission. All major project site plans shall be
submitted, with multiple copies as required by the Planning Board,
to the Planning Board Secretary, who shall distribute them to the
Planning Board, the Architectural and Community Appearance Board of
Review, and such other municipal boards, officials, and consultants
as the Planning Board deems appropriate. In addition to the site plan
drawings, the applicant shall submit:
D.
Application for area variance. Where a proposed site plan contains one or more features which do not comply with the dimensional regulations of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 145-59F without a decision or determination by the Code Enforcement Officer.
E.
SEQRA compliance. Upon receipt of application materials
it deems complete, the Planning Board shall initiate the New York
State Environmental Quality Review process by either circulating the
application and environmental assessment form to all involved agencies
(if coordinated review is undertaken) or by issuing its determination
of significance within 20 days. Where the proposed action may have
a significant effect on the environment, the Planning Board shall
issue a positive declaration and require the submission of a draft
environmental impact statement (DEIS). No time periods for decisionmaking
in this chapter shall begin to run until either acceptance of a DEIS
as satisfactory pursuant to New York State Department of Environmental
Conservation regulations or the issuance of a negative declaration.
F.
Public hearing and decision.
(2)
Criteria for decisions on site plans shall be limited to those listed in § 145-65D. In granting site plan approval, the Planning Board may impose any conditions which it considers necessary to fulfill the purposes of this chapter. These conditions may include increasing dimensional or area requirements, requiring the set-aside of perpetual open space land pursuant to § 145-20, specifying location, character and number of vehicle access points, requiring landscaping, planting and screening, requiring clustering of structures and uses in order to preserve environmental resources and minimize the burden on public services and facilities, and requiring performance guaranties to insure the completion of the project in accordance with the conditions imposed.
(3)
A copy of the decision shall be immediately filed
in the Town Clerk's office and mailed to the applicant. A resolution
of either approval or approval with modifications and/or conditions
shall include authorization to the Planning Board Chairman to stamp
and sign the site plan upon the applicant's compliance with applicable
conditions and the submission requirements stated herein.
(4)
If the Planning Board's resolution includes a requirement
that modifications be incorporated in the site plan, conformance with
these modifications shall be considered a condition of approval. If
the site plan is disapproved, the Planning Board may recommend further
study of the site plan and resubmission to the Planning Board after
it has been revised or redesigned.
The procedure for minor project site plan approval by the Planning Board shall be the same as prescribed in § 145-66 for major projects, except for the following:
A.
A short-form environmental assessment form (EAF) will
normally be required. If the application is classified as a Type I
action under the State Environmental Quality Review Act, a long-form
EAF shall be required. The Planning Board, at its discretion, may
require the long-form environmental assessment form for any application
categorized as unlisted under SEQRA.
B.
A minor project application fee established by the
Town Board shall be paid, and an escrow deposit may be required to
cover review costs at the discretion of the Planning Board.
D.
No public hearing shall be required for a minor project site plan. The Planning Board may, in its sole discretion, hold a public hearing following the procedures in § 145-66F. If no public hearing is held, the Planning Board shall give notice to the County Planning Board and to farm operators, as required in § 145-62E and F, and render a decision within 62 days of its receipt of a complete site plan application.
A.
Within six months after receiving approval of a site
plan, with or without modifications, the applicant shall submit multiple
copies of the site plan to the Planning Board for stamping and signing.
(1)
The site plan submitted for stamping shall conform
strictly to the site plan approved by the Planning Board, except that
it shall further incorporate any required revisions or other modifications
and shall be accompanied by the following additional information:
(a)
Record of application for and approval status
of all necessary permits from federal, state, and county officials.
(b)
Detailed sizing and final material specification
of all required improvements.
(c)
An estimated project construction schedule. If a performance guaranty pursuant to Subsection B is to be provided by the applicant for all or some portion of the work, a detailed site improvements cost estimate shall be included.
(d)
Proof of payment of the Planning Board's reasonable
review costs.
(2)
Upon stamping and signing the site plan, the Planning
Board shall forward a copy of the approved site plan to the Code Enforcement
Officer and the applicant. The Code Enforcement Officer may then issue
a building permit or certificate of occupancy if the project conforms
to all other applicable requirements.
B.
Performance guaranty. No certificate of occupancy
shall be issued until all improvements shown on the site plan are
installed or a sufficient performance guaranty has been posted for
improvements not yet completed. The performance guaranty shall be
posted in accordance with the procedures specified in § 277
of the Town Law relating to subdivisions. The amount and sufficiency
of such performance guaranty shall be determined by the Town Board
after consultation with the Planning Board, Town Attorney, Code Enforcement
Officer, other local officials, and its consultants.
C.
As-built plans and inspection of improvements. No
certificate of occupancy shall be granted until the applicant has
filed a set of as-built plans with the Code Enforcement Officer, indicating
any deviations from the approved site plan. The Code Enforcement Officer
shall be responsible for the inspection of site improvements, including
coordination with the town's consultants and other local officials
and agencies, as may be appropriate, and shall grant a certificate
of occupancy upon a finding that the project as built complies in
all material respects with the site plan.
D.
Site plan amendments. An approved site plan may be
amended by filing an application with the Planning Board for a site
plan amendment.
(1)
If the Planning Board finds that such proposed amendment
is consistent with the terms of any applicable special permit approval
(or if no special permit is required) and does not represent a substantial
change from the approved site plan, it shall grant the amendment without
a hearing.
(2)
If the Planning Board determines that the proposed amendment is consistent with the terms of the applicable special permit approval (or if no special permit is required) but is a substantial change from the approved site plan, it shall follow the procedures for site plan approval contained in § 145-66F and hold a public hearing if the amendment would be considered to be a major project.
E.
Expiration, revocation and enforcement.
(1)
A site plan approval shall expire if the applicant
fails to obtain the necessary building permits or fails to comply
with the conditions of the site plan approval within 18 months of
its issuance or if the special permit with which it is associated
expires. The Planning Board may grant up to two one-year extensions
at its discretion. In considering a site plan renewal, the Planning
Board shall evaluate whether any significant changes to the Town's
Comprehensive Plan or Zoning Code have occurred since the issuance
of the original approval. Should the Planning Board determine that
the site plan is substantially noncompliant with the Comprehensive
Plan or Zoning Code, the Planning Board may deny the site plan renewal,
and the applicant may file an amended site plan application. Site
plans that have expired shall not be eligible for renewal. The Town
Board may establish an annual site plan renewal fee. These provisions
shall apply to the Town Board in the event the Town Board has jurisdiction
over a site plan application.
[Amended 12-28-2011 by L.L. No. 3-2011]
(2)
A site plan approval may be revoked by the Planning
Board that approved it if the permittee violates the conditions of
the site plan approval or engages in any construction or alteration
not authorized by the site plan approval.
(3)
Any violation of the conditions of a site plan approval
shall be deemed a violation of this chapter and shall be subject to
enforcement action as provided herein.
