[HISTORY: Adopted by the Town Board of the
Town of Ellicott 6-6-1990 as L.L. No. 1-1990. Amendments noted where
applicable.]
The Town Board of the Town of Ellicott, New
York, does hereby ordain and enact the Town of Ellicott Site Plan
Review Law pursuant to the authority and provisions of § 10
of the Municipal Home Rule Law and § 274-a of the Town Law,
intending to overrule those sections of the Town Law which are in
conflict herewith.
This chapter shall be known as the "Site Plan
Review Law." The Town of Ellicott is hereinafter referred to as the
"town."
A.
Through site plan review, it is the intent of this
chapter to promote the health, safety and general welfare of the town.
A clean, wholesome and attractive environment is declared to be of
importance to the health and safety of the inhabitants of the town,
and, in addition, such an environment is deemed essential to the maintenance
and continued development of the economy of the town and the general
welfare of its inhabitants.
B.
It is further the intent of this chapter to ensure
the optimum overall conservation, protection, preservation, development
and use of the natural and man-related resources of the Town by regulating
land use activity within the Town through review and approval of site
plans. It is not the intent of this chapter to prohibit per se any
land use activity but to allow all land use activities which will
meet the standards set forth in this chapter and standards set forth
in any other local law.
[Amended 1-14-2019 by L.L. No. 1-2019]
The Zoning Board of Appeals is hereby authorized
to review and approve or disapprove site plans for land development
within the Town as hereinafter designated pursuant to and in accordance
with the standards set forth in this chapter using the procedures
set forth herein.
A.
All land use activity occurring after the effective
date of this chapter within the Town shall require site plan review
and approval before being undertaken, except the following:
(1)
Construction, alteration or placement of one-family
dwelling and ordinary accessory structures and related land use activities.
(2)
Minor landscaping or grading which is not intended
to be used in connection with a land use reviewable under the provisions
of this chapter and which involves less than two acres in size.
(3)
Ordinary repair or maintenance or interior alterations
of existing structures or uses.
(4)
Exterior alterations or additions to existing structures
which would not increase the square footage of the existing structure
by more than 25% and having a cost value of less than $15,000.
(5)
Nonstructural agricultural or gardening uses not involving
clear-cutting timber or farm ponds.
[Amended 10-21-1998 by L.L. No. 7-1998]
(6)
Signs under 10 square feet.
(7)
The sale of agricultural produce and temporary structures
related to sale of agricultural produce.
B.
Any persons uncertain of the applicability of this
chapter to a given land use activity may apply in writing to the Zoning
Board of Appeals for a written jurisdictional determination.
[Amended 1-14-2019 by L.L. No. 1-2019]
This chapter does not apply to uses and structures
which are lawfully in existence as of the date this chapter becomes
effective. Any use which would otherwise be subject to this chapter
that has been discontinued for a period of one year or more shall
be subject to review pursuant to the terms of this chapter before
such use is resumed. Any use or structure shall be considered to be
in existence, provided that the same has been substantially commenced
as of the effective date of this chapter and fully constructed and
completed within one year from the effective date of this chapter.
This chapter in no way affects the provisions
or requirements of other federal, state or local laws or applicable
regulations. This chapter shall be considered the initial review procedure
relative to other local laws and/or regulations. However, where this
chapter is determined to be in conflict with any other such law or
regulations, the more restrictive law shall apply. This includes but
is not limited to subdivision regulations, sanitary codes and zoning
ordinances or local laws.
A.
CLEAR-CUTTING
FAMILY
LAND USE ACTIVITY
ONE-FAMILY DWELLING
STRUCTURE
STRUCTURE, ACCESSORY
As used in this chapter, the following terms shall
have the meanings indicated:
Any cutting of an area greater than one acre of all or substantially
all trees over six inches in diameter at breast height over any ten-year
cutting cycle.
A person or persons related to each other by blood, marriage
or adoption, [and/or not more than three individuals not so related],
living together as a single housekeeping unit.
Any construction or other activity which changes the use
or appearance of land or a structure or the intensity of use of land
or a structure. "Land use activity" shall explicitly include but not
be limited to the following: new structures, expansions to existing
structures, new uses, changes in or expansions of existing uses, roads,
driveways and excavations for the purpose of extracting soil or mineral
deposits.
A complete self-contained residential unit for permanent
habitation by one family only, and containing one or more rooms and
facilities for living including cooking, sleeping and sanitary needs.
Any object constructed, installed or placed on land to facilitate
land use and development or subdivision of land, such as buildings,
sheds, signs, tanks and any fixtures, additions and alterations thereto.
Any structure designed to accommodate an accessory use but
detached from the principal structure, such as a freestanding garage
for vehicles accessory to the principal use, a storage shed, garden
house or similar facility.
B.
Any term used in this chapter which is not defined
hereinabove shall carry its customary meaning unless the contract
otherwise dictates.
[Amended 1-14-2019 by L.L. No. 1-2019]
Prior to undertaking any new land use activity, except for uses specifically excepted in § 121-5 of this chapter, a site plan approval by the Zoning Board of Appeals is required. Applicants for site plan approval shall follow the recommended procedures related to the sketch plan conference as hereinafter set forth. Applicants must comply with all other procedures and requirements of this chapter.
[Amended 1-14-2019 by L.L. No. 1-2019]
A sketch plan conference shall be held between
the Zoning Board of Appeals and the applicant prior to the preparation
and submission of a formal site plan application. The sketch plan
conference shall be held within 30 days of a written request for such
conference by the applicant. The intent of such a conference is to
enable the applicant to inform the Zoning Board of Appeals of his
proposal prior to the preparation of a detailed site plan; and for
the Zoning Board of Appeals to review the basic site design concept,
advise the applicant as to potential problems and concerns and to
determine generally the information to be required on the site plan.
In order to accomplish these objectives, the applicant shall provide
the following items, unless deemed unnecessary by the Zoning Board
of Appeals: a statement and rough sketch showing the locations and
dimensions of principal and accessory structures, parking areas, access
signs (with descriptions), existing and proposed vegetation, and other
planned features; anticipated changes in the existing topography and
natural features; and, where applicable, measures and features to
comply with flood hazard and flood insurance regulations.
A.
An application for site plan approval shall be made,
in writing, to the Chairman of the Zoning Board of Appeals at least
one week prior to the scheduled meeting and shall be accompanied by
information contained on the following checklist. The information
accompanying the application shall be drawn from the following checklist
as determined to be necessary by the Zoning Board of Appeals at the
sketch plan conference.
[Amended 1-14-2019 by L.L. No. 1-2019]
B.
Landscape plan required data. A sketch plan shall
contain all of the information mentioned herein in accordance with
the standards prescribed herein. The landscaped area of a site plan
as indicated in the sketch plan may include existing and new vegetation,
berms, lighting, street furnishings and ornamental features which
are integrated with the vegetation. A sketch plan should attempt to
dissuade the unnecessary clearing and disturbing of land so as to
preserve the natural and existing growth of flora and to replace removed
flora or plant new flora indigenous to the Western New York region.
It also should attempt to reduce the effects of wind and air turbulence,
heat and noise and the glare of vehicular lights; provide unpaved
areas for the absorption of surface waters; reduce the level of carbon
dioxide and return pure oxygen to the atmosphere; prevent soil erosion;
provide shade; relieve the blighted appearance of parking areas; and
generally provide for an attractive, harmonious environment.
C.
Site plan checklist.
(1)
Title of drawing, including name and address of applicant
and person responsible for preparation, identification of New York
State licensed architect, landscape architect or engineer where appropriate
of such drawing.
(2)
North arrow, scale at one inch equals 200 feet or
some agreed-upon scale as specified by the Town of Ellicott Zoning
Board of Appeals.
[Amended 1-14-2019 by L.L. No. 1-2019]
(3)
Boundaries of the property, plotted to scale.
(4)
Existing buildings.
(5)
Grading and drainage plan, showing existing and proposed
contours, rock outcrops, depth to bedrock, soil characteristics and
watercourses.
(6)
All existing watercourses, tree masses and other significant
natural features shall be plotted. Where drainage is to be to a natural
watercourse or drainage ditch, the elevation of water in such watercourse
or ditch at recognized flood stage should be noted.
(7)
A stormwater management plan prepared by a professional engineer in accordance with § 121-14, Subsection B of this Code showing proposed finish elevations at the building and parking areas, with proposed storm receivers and storm sewers plotted, as well as, the engineering calculations attesting to the conformance of § 121-14, Subsection B of this Code. Size, slope and type of pipe shall be noted on the stormwater management plan. A copy of the Zoning Board of Appeals's appointed engineer's report on his/her review of said stormwater management plan shall be included when required.
[Amended 1-3-2001 by L.L. No. 1-2001; 1-14-2019 by L.L. No. 1-2019]
(8)
Location, design, type of construction, proposed use
and exterior dimensions of all buildings.
(9)
Location, design and type of construction of all parking
and truck loading areas, showing access and egress and showing paving,
including typical cross sections and profiles of proposed streets,
pedestrian walkways and bikeways. All entrance drives and parking
areas shall be bituminous surfaced unless otherwise approved by the
Zoning Board of Appeals.
[Amended 1-14-2019 by L.L. No. 1-2019]
(10)
Provision for pedestrian access.
(11)
Location of outdoor storage, if any.
(12)
Location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
(13)
Description of the method of sewage disposal
and location, design and construction materials of such facilities.
(14)
Description of the method of securing water
and location, design and construction materials of such facilities
with a proposed water supply plan, including location of fire hydrants,
size of service line, and note indicating as backflow preventer will
be provided.
(15)
Location of fire and other emergency zones,
including the location of fire hydrants.
(16)
Location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy.
(17)
Location, size and design and type of construction
of all proposed signs.
(18)
Location and proposed development of all buffer
areas, including existing vegetative cover.
(19)
Location and design of outdoor lighting facilities.
(20)
Identification of the location and amount of
building area proposed for retail sales or similar commercial activity.
(21)
General landscaping plan and planting schedule.
(22)
An estimated project construction schedule.
(23)
Record of application for and/or status of all
necessary permits from other governmental bodies.
(24)
Identification of any permits from other governmental
bodies required for the project's execution.
(25)
Proposed easements, restrictions, covenants
and provisions for any and all homeowners' associations and common
ownerships.
(26)
An aerial map showing the parcel under consideration
for site plan review and all properties, subdivisions, streets, rights-of-way,
easements and other pertinent features within 200 feet of the boundaries
of the parcel.
(27)
A map of site topography at no more than five
feet contour intervals. If general site grades exceed 5% or portions
of the site have susceptibility to erosion, flooding or ponding, a
soils overlay and a topographic map showing contour intervals of not
more than two feet of elevation should also be provided.
(28)
Other elements integral to the proposed development
as may be considered necessary in the particular case by the Zoning
Board of Appeals.
[Amended 1-14-2019 by L.L. No. 1-2019]
[Amended 1-7-1998 by L.L. No. 3-1998]
An application for site plan review shall be
accompanied by a fee as set forth in § 146-76L, Fees.
[Amended 1-14-2019 by L.L. No. 1-2019]
Cost incurred by the Zoning Board of Appeals
for reasonable consultation fees or other extraordinary expenses in
connection with the review of a proposed site plan may be charged
to the applicant. This charge shall only be made after an estimate
of the charge has been provided to the applicant and accepted by the
applicant; provided, however, that the Zoning Board of Appeals need
not proceed without such agreement.
[Amended 1-3-2001 by L.L. No. 1-2001]
A.
Landscape characteristics.
(1)
A minimum ground area of not less than 12% of the
total site area shall be landscaped.
(2)
The arrangement and location of landscaped area shall
be dispersed throughout the development site so as to prevent unsightliness
and monotony of parked vehicles.
(3)
Not less than 5% of the interior of a parking area designed for 10 or more motor vehicles shall be devoted to the minimum landscaped area requirement as stipulated in Subsection A above.
(4)
Landscaping shall provide privacy and screening for
adjacent land uses, with visual, noise and air quality factors considered.
(5)
Landscape treatments shall be designate as an integral
part of the entire development.
(6)
Vegetation shall be compatible with soil conditions
on the development site and the regional climate.
(7)
Existing natural features and vegetation shall be
preserved and incorporated in the landscaped portion of the development
site whenever possible.
(8)
The primary emphasis of the landscape treatment shall
be on the trees, and efforts shall be made to preserve trees consistent
with this priority. Shrubbery, hedges, grass and other vegetation
may be used to complement the use of trees, but shall not be the sole
contribution to the landscape treatment.
(9)
The interior dimensions of any area or median shall
protect the plant materials planted therein and ensure proper growth.
(10)
All deciduous trees planted shall have a minimum
caliper of 2 1/2 inches, measured six inches above the ground.
All conifer trees shall have a minimum height of five feet above finished
grade.
(11)
Plastic or other types of artificial plantings
or vegetation shall not be permitted.
B.
Stormwater management. A stormwater management plan
shall be prepared by a professional engineer for each proposed development
activity and be submitted to the Town Zoning Board of Appeals at least
10 days prior to the scheduled site plan review. The plan must demonstrate
that the proposed development activity has been planned and designed
and shall be implemented and maintained to meet the performance criteria
described herein. All prevailing state, federal and local codes shall
be complied with, and all permits required shall be procured by the
applicant. A professional engineer may be retained by the Town Zoning
Board of Appeals to review the submitted stormwater management plan
for compliance and submit a report to the Zoning Board of Appeals
which will become a part of the site plan review process. The expense
of the engineer and review will be borne by the applicant.
[Amended 9-16-2002 by L.L. No. 3-2002; 1-14-2019 by L.L. No. 1-2019]
C.
Site illumination. All permanent exterior site lighting,
entrance lighting, security lighting and aesthetic feature lighting
shall be designed in accordance with the following criteria:
(1)
Illumination of parking facilities.
(a)
Where provided, the illumination for parking
and drive areas shall emit a minimum of one footcandle and a maximum
of two footcandles on the parking surface, with an average uniformity
ratio of 3:1.
(b)
"Sharp cut-off" fixtures shall be utilized for
the perimeter lighting fixtures so as to emit no more than 0.5 footcandle
of washover onto neighboring properties and shall be directed so as
to avoid causing a hazard to motorists and pedestrians.
(c)
The photometrics and light distribution characteristics
of the proposed fixtures shall be furnished to the Code Enforcement
Officer, if requested.
(d)
Other than facilities operating 24 hours per
day, parking lot and site lighting shall be controlled to reduce the
illumination thereof by 50% at 11:00 p.m. and to be shut off 1/2 hour
after the close of business. For facilities operating 24 hours per
day, parking lot and site lighting shall be controlled to reduce the
illumination thereof by 50% from 11:00 p.m. until dawn.
(2)
Building exterior lighting (other than security lighting).
(a)
The illumination of building exteriors, including
entrances, shall not exceed five footcandles on the surface to which
such lighting is directed.
(b)
"Sharp cut-off" fixtures shall be utilized for
building exterior lighting so as to emit no more than 0.5 footcandle
of washover onto neighboring properties and shall be directed so as
to avoid causing a hazard to motorists and pedestrians.
(c)
Other than facilities operating 24 hours per
day, exterior building lighting shall be controlled to reduce the
illumination thereof by 50% at 11:00 p.m. and to be shut off one 1/2
hour after the close of business. For facilities operating 24 hours
per day, such lighting shall be controlled to reduce the illumination
thereof by 50% from 11:00 p.m. until dawn.
(3)
Exterior building security lighting.
(a)
Building security lighting shall not exceed
0.75 of one footcandle at a distance of 20 feet from the building.
(b)
"Sharp cut-off" fixtures shall be utilized for
building security lighting so as to emit no more than 0.5 footcandle
of washover onto neighboring properties and shall be directed so as
to avoid causing a hazard to motorists and pedestrians.
[Amended 1-14-2019 by L.L. No. 1-2019]
All landscaped areas required and/or provided
in the sketch plan shall be maintained and preserved according to
the plans as originally approved by the Zoning Board of Appeals or
as subsequently approved for any modification by said body.
[Amended 1-14-2019 by L.L. No. 1-2019]
A.
The Zoning Board of Appeals's review of the site plan
shall include, as appropriate, but is not limited to the following
general considerations:
(1)
Location, arrangement, size, design and general site
compatibility of buildings, lighting and signs.
(2)
Adequacy and arrangement of the vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Adequacy and arrangement of pedestrian traffic access
and circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities. Consideration
for such may include input of the Town Highway Superintendent in making
the decision.
[Amended 9-16-2002 by L.L. No. 3-2002]
(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)
Adequacy of fire lanes and other emergency zones and
the provision of fire hydrants.
(9)
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(10)
Overall impact on the neighborhood, including
compatibility of design considerations.
(11)
Overall compatibility with natural resource
characteristics of site in accordance with Future Land Use Plan, a
report dated December 1974.
B.
All landscaped areas required and/or provided for
in the sketch plan shall be maintained and preserved according to
the plans as originally approved by the Zoning Board of Appeals or
as subsequently approved for any modification by said body.
[Amended 1-14-2019 by L.L. No. 1-2019]
The Zoning Board of Appeals may conduct a public
hearing on the site plan if considered desirable by a majority of
its members. Such hearing shall be held within 60 days of the receipt
of a complete application for site plan review and shall be advertised
in the town's official newspaper or, if there is none, in a newspaper
of general circulation in the Town at least five days before the public
hearing.
[Amended 1-14-2019 by L.L. No. 1-2019]
Within 60 days of receipt of the application
for site plan approval or if a public hearing is held within 60 days
of public hearing, the Zoning Board of Appeals shall render a decision.
The Zoning Board of Appeals may approve, approve with modifications
or disapprove the site plan. The time period in which the Zoning Board
of Appeals must render its decision can be extended by mutual consent
of the applicant and the Zoning Board of Appeals.
A.
Approval. Upon approval of the site plan and the payment
by the applicant of all fees and reimbursable costs due the town,
the Zoning Board of Appeals 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.
B.
Approval with modifications. The Zoning Board of Appeals
may conditionally approve the final site plan. A copy of the written
statement containing the modifications required by the conditional
approval will be mailed to the applicant. After adequate demonstration
to the Zoning Board of Appeals that all conditions will be met and
payment by the applicant of all fees and reimbursable costs due the
town, the Zoning Board of Appeals shall endorse its approval on a
copy of the site plan and shall immediately file it and a written
statement of approval, with the necessary modifications, 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 Zoning Board of Appeals shall immediately be filed
with the Town Clerk and a copy thereof mailed to the applicant, along
with the Zoning Board of Appeals's reasons for disapproval.
[Amended 1-14-2019 by L.L. No. 1-2019]
Any person aggrieved by any decision of the
Zoning Board of Appeals may appeal to the Town Board for a review.
To appeal the Town Board's determination, such person may apply to
the Supreme Court for a review by a proceeding under Article 78 of
the Civil Practice Law and Rules. Such proceedings shall be instituted
within 30 days after the filing of a decision in the office of the
Town Clerk.
[Amended 1-14-2019 by L.L. No. 1-2019]
The Town Board shall appoint an enforcement officer to carry out the duties assigned by this chapter or by any additional regulations adopted pursuant to § 121-21 hereof. The enforcement officer shall be responsible for the overall inspection of site improvements, including coordination with the Zoning Board of Appeals and other officials and agencies, as appropriate.
[Amended 1-14-2019 by L.L. No. 1-2019]
The Zoning Board of Appeals may, after a public
hearing, adopt such further rules and regulations as it deems reasonably
necessary to carry out the provisions of this chapter.
[Amended 1-14-2019 by L.L. No. 1-2019]
A.
The Town Board may, on its own motion, on petition
or on recommendation of the Zoning Board of Appeals, after public
notice and hearing, amend this chapter pursuant to all applicable
requirements of law.
B.
All proposed amendments originating by petition or
by motion of the Town Board shall be referred to the Zoning Board
of Appeals for a report and recommendation thereon. The Zoning Board
of Appeals shall submit its report within 30 days after receiving
such referral. Failure of the Zoning Board of Appeals to report within
the required time shall be deemed to constitute a recommendation for
approval of the proposed amendment.
[Amended 1-14-2019 by L.L. No. 1-2019]
Whenever the circumstances of proposed development
require compliance with site Plan Review Law and with any other local
law, ordinance or requirement of the town, the Zoning Board of Appeals
shall attempt to integrate, as appropriate, site plan review as required
by this chapter with the procedural and submission requirements for
such other compliance.
Any person, corporation, partnership or other
legal entity that shall violate any of the provisions of this chapter
or any conditions imposed by a permit pursuant hereto shall be guilty
of an offense and subject to a fine of not more than $500 to be recovered
by the town in a civil action. Every such person or entity shall be
deemed guilty of a separate offense for each week such violation,
disobedience, omission, neglect or refusal shall continue.
