The purpose of the site plan review process
is to ensure the orderly and safe arrangement, layout and design of
a proposed project. The site plan review process is intended to ensure
that development occurs in accordance with the goals of this chapter.
All land use activities which meet one or both
of the criteria below shall, prior to the issuance of a building permit
or certificate of use or occupancy, receive site plan approval from
the Planning Board, pursuant to the procedures and standards of this
article.
A.
Submission and review.
(1)
Presubmission conference.
(a)
Prior to the submission of a formal site plan,
the applicant or his designated agent shall meet in person with the
Planning Board to discuss the proposed Site Plan and to determine
the specific items and level of detail of the submission requirements
necessary for review of the required site plan. The Planning Board
shall inform the Code Enforcement Officer of the submission requirements.
(b)
Within one year following the presubmission
conference, an application for site plan approval and any related
information shall be submitted to the Code Enforcement Officer, in
as many copies as may be agreed upon during the presubmission conference.
The Code Enforcement Officer shall determine the completeness of the
application, including whether any variances are required. The site
plan shall be accompanied by a fee in accordance with the schedule
established by the Town Board. If not submitted within this one-year
period, another presubmission conference shall be required.
(2)
Preliminary approval.
(a)
Upon submission, the Planning Board shall review an application for preliminary approval of a site plan. Such review shall be based on submission of data stipulated by the Planning Board from Subsection C, Required submission data, below, at the presubmission conference, which shall be sufficient to determine whether the proposed site plan generally conforms to the objectives and standards of this chapter.
(b)
The purpose of preliminary approval shall be
to indicate general agreement with the design of the site, including
building locations, parking layout, location of entrances and exits
and general landscaping treatment and utility design prior to preparation
of detailed engineering plans. Granting of preliminary approval may
not be unreasonably withheld, but may include recommended modifications,
which shall be considered conditions of final approval. Plans substantially
revised or previously undisclosed information may alter the Board's
basis for preliminary approval.
(3)
Final approval.
(a)
The Planning Board shall act within 62 days
to certify the application as complete or return it to the applicant
for completion or revision. Applications shall not be deemed complete
until the requirements of the State Environmental Quality Review Act
(SEQRA) have been met.
(b)
Upon determination that an application is complete,
the Planning Board may forward it to the Fire Chief, Superintendent
of Highways, and where required, to the County Planning Board, County
Department of Public Works, and any other agency that it deems appropriate.
(c)
At least 10 days before a public hearing thereon,
applications must be referred to the Ulster County Planning Board
in accord with § 239-m of Article 12-B of the General Municipal
Law when the subject site is within 500 feet of a municipal boundary,
a recreation area, a state or county highway, a county drainage channel
or a state or county building. In the event a public hearing is not
required, such proposed action shall be referred before final action
is taken thereon. No action shall be taken by the Planning Board on
such an application until an advisory recommendation has been received
from the County Planning Board or 30 calendar days have elapsed since
the County Planning Board received such full statements.[1]
(d)
When a hearing is to be held by the Planning Board relating to site
plan review and approval on property that is within 500 feet of an
adjacent municipality, the Planning Board shall give notice by mail
or electronic transmission to the clerk of the adjacent municipality
at least 10 days prior to any such hearing pursuant to § 239-nn
of the General Municipal Law.[2]
(e)
In the event a public hearing is required, the
Planning Board shall conduct a public hearing within 62 days from
the day an application is received on any matter referred to it under
this section. The Planning Board shall mail notice of said hearing
to the applicant at least 10 days before said hearing and shall give
public notice of said hearing in a newspaper of general circulation
in the Town at least five days prior to the date thereof and shall
make a decision on the application within 62 days after such hearing,
or after the day the application is received if no hearing has been
held. The time within which the Planning Board must render its decision
may be extended by mutual consent of the applicant and such board.
The decision of the Planning Board shall be filed in the office of
the Town Clerk within five business days after such decision is rendered,
and a copy thereof mailed to the applicant. Nothing herein shall preclude
the holding of a public hearing on any matter on which a public hearing
is not so required.
(f)
Amendments to a previously approved site plan
shall be acted upon in the same manner as the original site plan.
(g)
No approval shall be granted until the Planning
Board has made an appropriate determination in accordance with the
State Environmental Quality Review Act (SEQRA).
B.
Time limit on validity of approval. Approval of a
site plan by the Planning Board shall be valid for a period of one
year from the date thereof for the purpose of obtaining a building
permit. Failure to secure a building permit during this period shall
cause the site plan to become null and void. Upon request by the applicant,
the Planning Board may extend the time limit of the validity of the
approval to not more than two years from the date of original approval.
C.
Required submission data. Each application for site
plan approval shall be submitted in the number of copies and form
prescribed by the Board, accompanied by a fee in accordance with a
schedule adopted by the Town Board, and shall include the following
basic and additional data noted below. The Planning Board, at the
request of the applicant, may waive such information as it deems not
relevant to its review or which would cause unusual hardship to obtain.
(1)
Basic data.
(a)
Legal data.
[1]
The names of all owners of record of the property
in question and of all adjacent property and the lot, block and section
number of such properties as shown on the Town Tax Assessment Maps.
[2]
Boundaries of the property and line of existing
streets and lots as shown on the Tax Assessment Maps. Reservations,
easements and areas dedicated to public use shall be shown.
(b)
Existing buildings. A plan showing the location
of existing buildings on the site and on adjacent property if within
100 feet of the property line.
(c)
Development data.
[1]
Title of development, date, North point, scale,
name and address of record owner, and name of preparer.
[2]
The proposed use or uses of land and buildings
and proposed height and location of buildings.
[3]
All existing and proposed means of vehicular
ingress and egress to and from the site onto public streets.
[4]
The location and design of any off-street parking
areas or loading areas.
[5]
The location of all proposed water lines, valves
and hydrants and of all sewer lines or alternative means of water
supply and sewage disposal and treatment.
[6]
The proposed location, direction, power and
hours of operation of proposed outdoor lighting.
[7]
The proposed screening and landscaping plan.
[8]
Proposed storm water drainage systems and erosion
control plans.
[9]
The location, height, size and design of any
signs.
[10]
Building locations and elevations.
[11]
Pedestrian circulation systems.
(2)
Additional data which may be required. Where, due
to special conditions peculiar to a site, or the size, nature and
complexity of the proposed use or development of land or buildings,
the Planning Board finds that all or portions of the additional data
listed below are necessary for proper review of the application, it
may require any or all of the data below to be included in the required
submission.
(d)
Development data. All proposed lots, easements,
and public and private recreation areas. All proposed streets with
profiles indicating grading and cross-sections showing width of sidewalk
and locations and size of utility lines. All lengths shall be in feet
and decimals of feet, and all angles shall be given to the nearest
10 seconds or closer.
(e)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 329, Stormwater Management, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 329, Stormwater Management. The approved site plan shall be consistent with the provisions of this chapter.
[Added 6-1-2009 by L.L. No. 1-2009]
[Amended 8-17-2016 by L.L. No. 4-2016]
A.
Costs incurred by the Planning Board for consultation and other professional fees in connection with the review of a proposed plan shall be charged to the applicant. Such fees shall be in addition to the application fee required in § 425-13C.
B.
Upon filing of an application, the Planning Board will review same
to determine what need there may be for expert consultations and other
professionals. The Planning Board shall request a sum to be held in
a separate account in the name of the Town and shall keep a separate
record of all such money disbursed and paid from the account. The
applicant shall be provided with all records pertaining to the account.
C.
The Planning Board shall, from time to time, review the monies spent
and likely additional expense and request such additional money as
may be reasonably necessary.
D.
The consultants engaged by the Town shall submit vouchers on a monthly
basis. Copies of said vouchers will be provided to the applicant.
E.
Failure of the applicant to submit such funds as requested: the Planning
Board shall take no further action until the matter is resolved. Any
distributions concerning the account may be submitted to the Town
Board for review by the applicant or the Planning Board.
In reviewing site plans, the Planning Board
shall give consideration to the health, safety, and welfare of the
public in general, and the residents or users of the proposed development
and of the immediate neighborhood in particular; and the accomplishment
of the following objectives:
A.
That all proposed pedestrian and traffic access ways
are safe, of proper design and in compliance with the regulations
of the responsible governmental agency as to width, grade, alignment,
and visibility; location; and other similar safety considerations.
B.
That off-street parking and loading spaces are designed
to prevent obstruction in public streets, and that the interior circulation
system is adequate to provide safe accessibility to all required off-street
parking lots, loading bays and building services.
C.
That all exterior storage, parking and service areas
are adequate in size and reasonably screened at all seasons of the
year from the view of adjacent residential lots and streets.
D.
That existing trees, wooded areas, watercourses and
other natural features shall be retained to the maximum extent possible
consistent with the development plan.
E.
That all outdoor lighting is of such nature and so
arranged as to preclude the diffusion of glare onto adjoining properties
and streets.
F.
That the drainage and stormwater management systems
are designed so as to prevent flooding, erosion and improper obstruction
of drainageways.
G.
That the site plan and building design accommodates
the needs of the disabled in conformance with state standards for
construction concerning the disabled.
H.
That building mass and elevations and signage placement,
design and size are in harmony with the purposes of the district in
which the use is located.
