A.
The Town of Parma Planning Board is hereby empowered to grant site plan approval in accordance with the provisions of § 274-a of the New York State Town Law. Those identified site development permit applications, or special permitted use permits requiring site plan approval as a prerequisite, shall be regulated as set forth in this section. The application procedures for required permits are contained in Article IV of this chapter.
B.
Approval requirements.
(1)
To determine whether site plan approval shall be required
by the Town Planning Board, refer to the specific zoning district
and/or overlay zoning sections of this chapter. Generally speaking,
site plan approval is required for site developments of permitted
uses occurring within the following districts:
|
HD High Density Residential
|
NC Neighborhood Commercial
| |
|
WF Waterfront Residential
|
HC Highway Commercial
| |
|
TH Townhouse Residential
|
GC General Commercial
| |
|
RB Restricted Business
|
LI Light Industrial
|
(2)
Generally speaking, site plan approval is required
for site developments of special permitted uses occurring within the
following districts:
|
AC Agricultural Conservation
|
RB Restricted Business
| |
|
RR Rural Residential
|
NC Neighborhood Commercial
| |
|
MD Medium Density Residential
|
HC Highway Commercial
| |
|
HD High Density Residential
|
GC General Commercial
| |
|
WF Waterfront Residential
|
LI Light Industrial
| |
|
TH Townhouse Residential
|
C.
In conducting its review of any site plan application,
the Town Planning Board shall require compliance with the standards,
regulations and development criteria of this chapter.
D.
Where it is deemed appropriate, the Town Planning
Board may waive any of the administrative requirements of this article
based on its findings as set forth in the public record on said application.
A.
Site plan approval shall be required as a prerequisite
prior to the issuance of a building permit for proposed actions which
meet one or more of the thresholds defined in this section. The Code
Enforcement Officer (CEO) shall notify applicants for a building permit
if site plan approval is required.
B.
The thresholds which determine the need for site plan
approval are as follows:
(1)
Any new principal permitted use.
(2)
Any new special permitted use.
(3)
The legal conversion of the use of an existing structure
from one type of use to another.
(4)
An addition to a legally existing use or the legal
conversion of the use of an existing structure which would require
five or more new parking spaces.
(5)
Any modification to a commercial or industrial use.
[Amended 4-15-2003]
C.
The CEO shall determine if an applicant meets one
or more of the thresholds listed above. If the applicant does not
meet any of the thresholds, the CEO shall issue a building permit
and/or certificate of zoning compliance, provided that the proposed
action is consistent with the applicable regulations of this chapter.
D.
If the CEO determines that site plan approval by the
Planning Board is required, the CEO will advise the applicant as to
applicable procedures and requirements.
A.
An application for site plan approval shall initially
be made in writing to the CEO and shall contain the following information:
(1)
Nature of proposed development.
(2)
Section of this chapter specifying the need for site
plan approval.
(3)
Location of proposed development.
(4)
Description of property involved, including tax account
number.
(5)
A complete and signed environmental assessment form
(Part 1).
(6)
Request to appear before Town Planning Board at a
regularly scheduled meeting.
B.
Upon review of said application letter, the CEO shall
prepare a written response to the applicant containing the following
information:
(1)
Date of Planning Board meeting at which the application
for site plan approval will be discussed.
(2)
A preliminary indication under SEQR as to include
the type of action involved and appropriate SEQR forms to be completed
by the applicant or agent.
(3)
A tentative time schedule for conceptual, preliminary
and final site plan approval.
(4)
Any other information the CEO deems appropriate, including
identification of the applicant's interest in the proposal, any fees
and criteria for site plan preparation.
(5)
In the event that a preliminary site plan identifies
the potential need for dimensional variances, the applicant shall
first be denied preliminary site plan approval by the Planning Board,
before appealing the need for such variance(s) to the Zoning Board
of Appeals. Where the Planning Board has denied such site plan on
these grounds, the Planning Board shall convey its opinion to the
Zoning Board of Appeals on the requested variances. Once variances
have been granted, the applicant may proceed for final site plan approval.
If the variances are denied, the applicant shall submit a revised
site plan complying with the dimensional requirements of the zoning
district.
C.
The Planning Board shall, for each preliminary site
plan application, determine whether a public hearing would serve a
community benefit according to such a determination by the Planning
Board.
A.
Upon receipt of said CEO's report, the applicant may
prepare a concept site plan for review by the Planning Board, which
contains the following information:
(1)
Title of drawing.
(2)
An area map showing the parcel under consideration
for site plan review, a plan drawn to scale based on the entire parcel,
and all properties, subdivisions, streets and easements within 500
feet of the boundaries thereof.
(3)
Internal street pattern, if any, of the proposed development.
(4)
Location of all existing structures and vegetation
on the site and the future use of the same.
(5)
Existing zoning classification(s) of the property
and all properties within 500 feet, and any restrictions on land use
of the site.
(6)
Existing natural features on the site and the future
use of the same.
(7)
Contour intervals at five-foot intervals, unless the
Planning Board specifies otherwise.
(8)
Name of owner(s) of the parcel and owners of adjacent
properties.
B.
The Planning Board shall consider all concept site
plans at a regularly scheduled meeting and may, at this stage, suggest
changes in the plan involving the street layout, traffic patterns,
lot size or shape, preservation of natural features or other matters
and suggest redesign to comply with zoning requirements or to reduce
the need for variances which, in the Board's opinion, would improve
the layout in keeping with the best interests of the Town.
C.
The Planning Board shall provide the applicant with
comments on the concept site plan within 60 days of the meeting at
which time the concept plan was initially presented.
D.
The Planning Board shall inform the applicant of the
State Environmental Quality Review (SEQR) procedural requirements
that must be resolved prior to any action on a preliminary site plan
application.
A.
Application for preliminary site plan approval shall
be made in writing to the CEO and shall be accompanied by information
drawn from the following checklist, as determined necessary by the
Planning Board at the concept plan review:
(1)
Preliminary site plan checklist (prepared by
New York State registered architect, engineer or surveyor).
(a)
Title of drawing, including name and address
of applicant and person responsible for preparation of such drawing.
(b)
North arrow, scale (i.e., one inch equals 50
feet) and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses.
(e)
Grading and drainage plan, showing existing
and proposed contours.
(f)
Location, proposed use and height of all buildings.
(g)
Location, design and construction materials
of all parking and truck loading areas, showing access and egress.
(h)
Provision for pedestrian access.
(i)
Location of outdoor storage, if any.
(j)
Location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
(k)
Description of the method of sewage disposal
and location, design and construction materials of such facilities.
(l)
Description of the method of securing public
water, and location, design and construction materials of such facilities.
(m)
Location of fire and other emergency zones,
including the location of fire hydrants.
(n)
Location, design and construction materials
of all energy distribution facilities, including electrical, oil,
gas and solar energy.
(o)
Location, size, design and construction materials
of all proposed signs.
(p)
Location and proposed development of all buffer
areas, including existing vegetative cover.
(q)
Location and design of outdoor lighting facilities.
(r)
Designation of the amount of building area proposed
for retail sales or similar commercial activity.
(s)
General landscaping plan and planting schedule.
(t)
Other elements integral to the proposed development
as considered necessary by the Planning Board, including identification
of any state or county permits required for the project's execution,
and SEQR documents.
(u)
A map or tracing overlay showing all soil areas
and their classifications and those areas, if any, with moderate to
high susceptibility to flooding and moderate to high susceptibility
to erosion. The overlay shall also include an outline and description
of existing vegetation for areas with potential erosion problems.
(v)
A map indicating the location of any EPOD's
within 500 feet of the boundary of the property.
(w)
A map detailing the proposed stormwater drainage
system.
(x)
Appropriate fees shall be submitted with the
application.
A.
The Planning Board's review and approval of a preliminary
site plan shall include, as appropriate, but is not limited to, the
following:
(1)
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Location, arrangement, size, design and general
site compatibility of buildings, lighting and signs.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal
facilities.
(7)
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.
(8)
In the case of an apartment complex or other
multiple dwelling, the adequacy of usable open space for play areas
and informal recreation.
(9)
Protection of adjacent or neighboring properties
against noise, glare, unsightliness or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
(11)
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
B.
In its review, the Planning Board may consult with
the Town Engineer, the fire chief of any fire department serving the
site involved, Monroe County Department of Planning and Development
and other Town and county officials, as well as with representatives
of federal and state agencies.
C.
The Planning Board may require that the exterior design
of all structures shall be prepared by, or under the direction of,
a registered architect, whose seal shall be affixed to the plans,
and to submit landscape plans prepared by, or under the direction
of, a registered landscape architect, together with an estimate of
the cost of installing same.
D.
Public hearing. If the Planning Board determines that
a public hearing on a preliminary site plan is in the public's best
interests, said public hearing shall be conducted within 62 days of
the receipt of the complete application for preliminary site plan
approval and shall be advertised in the official newspaper of the
Town at least 10 days before the public hearing. The Planning Board,
by resolution, can waive the need to conduct a public hearing on final
plans if changes are not substantial. All landowners within a five-hundred-foot
radius of the proposed project shall be notified by the CEO by mail
at least 10 days before the public hearing.[1]
A.
Within 62 days of the Planning Board's determination
of a complete application for preliminary site plan approval, or,
if a public hearing is held, within 62 days of the adjournment of
the hearing, the Planning Board shall act on the request. If no decision
is made within said timeframe, the preliminary site plan shall be
considered approved and the applicant so notified. The Planning Board's
action shall be in the form of a written statement to the applicant
stating whether or not the preliminary site plan is approved, disapproved,
approved with modifications or approved by default.[1]
B.
The Planning Board's statement may include recommendations
or modifications to be incorporated in the final site plan, and conformance
with said modifications shall be considered a condition of approval.
If the preliminary site plan is disapproved, the Planning Board's
statement shall contain the reasons for such a finding. In such a
case, the Planning Board may recommend further study of the site plan
and resubmission to the Planning Board after it has been revised or
redesigned.
C.
If the preliminary site plan identifies the need for
dimensional variances, the Planning Board shall notify the Zoning
Board of Appeals and the applicant of the variance(s) the Board believes
would be appropriate based on its review of the preliminary site plan.
The Planning Board report shall be considered by the Zoning Board
of Appeals in its deliberation on any variance request(s).
D.
No modifications of existing stream channels, filling
of lands, grading or removal of vegetation in areas with a moderate
to high susceptibility to erosion, or excavation for construction
of site improvements, shall begin until the developer has received
final site plan approval. Failure to comply shall be construed as
a violation of this chapter. Where necessary, final site plan approval
may require the modification, restoration or removal of unapproved
site changes.
A.
After receiving approval from the Planning Board on
a preliminary site plan, the applicant may prepare the final detailed
site plan and submit it to the Planning Board for approval. If more
than six months has elapsed between the time of the Planning Board's
report on the preliminary site plan, and if the Planning Board finds
that conditions have changed significantly in the interim, the Planning
Board may require a resubmission of the preliminary site plan for
further review and possible revision prior to accepting the proposed
final site plan for review.
B.
The final detailed site plan shall conform substantially
to the preliminary site plan that has received preliminary site approval.
It should incorporate any revisions or other features that may have
been recommended by the Planning Board during the preliminary review.
All such compliances shall be clearly indicated by the applicant on
the appropriate submission.
C.
The following additional information shall accompany
an application for final site plan approval:
(1)
Detailed sizing and final material specification
of all required improvements.
(2)
An estimated project construction schedule.
(3)
A detailed plan identifying all lands, easements
and rights-of-way which shall be commonly owned with the identification
of the association responsible for said ownership, the method of managing
commonly owned properties and requiring that the officers of said
association shall be identified to the CEO in writing on an annual
basis.
(4)
Information specifying the materials to be used
and information as to the character of the exterior design.
A.
Within 62 days of the receipt of a complete application
for final site plan approval, the Planning Board shall render a decision
to the applicant and the CEO.
[Amended 4-18-2000 by L.L. No. 1-2000]
B.
Upon approval by all involved agencies of an application
for site plan approval, the Planning Board shall direct the Planning
Board Chairman to endorse its approval on the original Mylar and one
copy of the final site plan. Once signed, the Planning Board shall
forward the Mylar and site plan to the CEO. The CEO shall issue a
zoning permit to the applicant if the project conforms with all other
applicable requirements and permits.
[Amended 4-18-2000 by L.L. No. 1-2000]
C.
Upon disapproving an application, the Planning Board
shall so inform the CEO and the applicant. The Code Enforcement Officer
shall deny a zoning permit to the applicant. The Planning Board shall
also notify the applicant in writing of its decision and its reasons
for disapproval. A copy of the appropriate minutes may suffice for
this notice.
A.
Expiration of site plan approval. Such site plan approval
shall automatically terminate two years after the same is granted
unless significant work has been undertaken on the project. However,
the Planning Board may authorize one or more extensions for additional
two-year periods.
[Amended 4-15-2003]
B.
Reimbursable costs. Costs incurred by the Town for
consultation fees or other extraordinary expenses associated with
the review of a proposed site plan shall be charged to the applicant
in accordance with the fee schedule established by the Town Board.
C.
Performance guarantee. No building permit shall be
issued until all improvements shown on the site plan are installed
or a sufficient performance guarantee, approved by the Town Board,
has been posted for improvements. The sufficiency of such performance
guarantee shall be determined by the Town Board after consultation
with the CEO, Town Engineer, Planning Board and Town Attorney.
D.
Inspection of improvements and development. The CEO
shall be responsible for the overall inspection of site improvements,
including coordination with Town officials and agencies, as appropriate.
No certificate of occupancy shall be granted prior to a final inspection
and determination of conformity to the site plan and the New York
State Uniform Fire Prevention and Building Code.
E.
Integration of site plan approval procedure with other
Planning Board approvals. Whenever the particular circumstances of
a proposed development require compliance with either the special
permitted use permit procedure or the requirements of the Town of
Parma Development Regulations, the Planning Board shall attempt to
integrate, as appropriate, site plan review as required by this section
with the procedural and submission requirements for such other compliances.
In any case, all state permits and local land use control approvals
shall be procured prior to the issuance of a building permit for a
development project.
F.
Conflicts. If any conflicts exist between this site
development plan review procedure and other land use controls of the
Town, this section shall apply.
