Unless otherwise provided by Chapter
327, Subdivision of Land, of the Code of the Town of Grand Island or the provisions of this code, site plan review and site plan approval shall be required for the following:
A. Any specially permitted use in any district, except
for:
(2)
Special use permits where the site in question
is already the subject of an approved site plan and no alteration
of the building or site will occur.
B. Any new or expanded use, or change in use, in the
R-2, R-2A or R-3 Residential Districts.
C. Any new or expanded use, or change in use, in any
Town Center Business Subdistrict, B-1, B-2, B-3, CR, M-1, M-2, OS,
EED or M/E District, including the addition or modification of any
accessory use not shown on an approved site plan, except where:
[Amended 3-29-2006 by L.L. No. 3-2006; 3-7-2011 by L.L. No.
1-2011]
(1)
The site in question is already the subject
of an approved site plan and no alteration of the building or site
or change in principal or accessory use is requested, or
(2)
The site in question is already the subject
of an approved site plan and alteration of the building increasing
the original gross floor area by less than 1,000 feet is requested,
and no additional site improvements (i.e., parking) are requested.
D. Any use, or change in use, in any PDD District, except that such review shall be governed by the provisions of Article
XXVI (Planned Development Districts) rather than this article.
E. Any modification in the use of non-single-family residential
family zoned property, whether or not subject to a prior site plan
approval, where curbcut and driveway locations, off-site parking,
loading area, fencing, outdoor storage or landscaping will be altered.
F. All new construction of multiple-family dwellings
including conversions of existing buildings to multiple-family dwellings
and adding dwelling units to existing multiple-family dwellings.
G. Any change in use or intensity of use which a Code
Enforcement Officer determines will significantly impact the characteristics
of the site in terms of parking, loading, access, drainage, utilities,
traffic, or other environmental impact for any commercial, industrial
or multifamily use.
I. Commercial radio and television towers, and telecommunications
facilities, except for co-located facilities, which do not require
new structures on the ground larger than 1,000 square feet, and/or
new utility or road improvements.
J. Construction of any commercial docks, piers, launching
ramp or structure in the Niagara River.
K. Any use or area variance granted in other than single-family
or two-family residential districts, which would allow alteration
of the site or building, except for alteration of the building increasing
the original gross floor area by less than 1,000 feet is requested,
or alteration granting only the height of the structure.
L. Any use involving outside storage, or expansion of
outdoor storage areas, movement of outside storage areas.
M. Any use involving construction or alteration of drive-in
business facilities.
N. Any use requiring a permit under Town Code Chapter
253, Regrading and Filling of Land.
O. New or modified day-care centers or nursery schools, other than day-care
centers operated solely as home occupations.
[Added 1-20-2015 by L.L. No. 3-2015]
In considering and acting upon site plan reviews
and approvals, the Town Board shall consider the public health, safety,
welfare, comfort and convenience of the public in general, the residents
of the proposed development, and the residents of the immediate surrounding
area. The Town Board may prescribe such appropriate conditions and
safeguards as may be required in order that the results of its action
shall, to the maximum extent possible, further the following:
A. Compatibility. The character of proposed use is compatible
with the surrounding neighborhood and in harmony with the Town's Comprehensive
Plan.
B. Vehicular access. The number of proposed access points
is not excessive, all access points are adequate in width, grade alignment
and visibility, access points are not located too close to intersections
or places of public assembly and similar safety considerations are
reviewed for all site plan approvals.
C. Lighting. Exterior lighting proposed for the site
shall be planned, erected and maintained so the light is confined
to the property and will not cast direct light or glare upon adjacent
properties or public roads. The light source shall not be higher than
20 feet and shall not be directed onto adjacent properties or public
roads. High-intensity lighting shall not be permitted.
D. Parking. Adequate off-street parking, queuing and
loading spaces are provided to minimize the number of cars parked
or standing on public roads.
E. Pedestrian circulation. The interior circulation system
is adequate to provide safe accessibility to all parking areas and
ensure adequate separation of pedestrian and vehicular traffic.
F. Landscaping and screening. All parking, storage, loading
and service areas on properties adjacent to residential areas are
reasonably screened and the general landscaping of the site reflects
the character of the neighborhood and surrounding area.
G. General screening requirements:
(1)
Open storage areas, exposed machinery and outdoor
areas used for the storage and collection of solid waste, shall be
visually screened from roads and surrounding land uses. Suitable types
of screening include opaque and semiopaque fences of a height necessary
to screen the intended use. Where planted hedges are proposed, plant
species, size and layout should be developed to provide an effective
screen within three years of installation. Noninvasive, low-maintenance
trees and shrubs should be planted wherever possible. Preference should
be given to native or naturalized species.
(2)
In locations where potential health or safety
hazards may arise, such as solid waste storage/collection areas, a
solid wooden fence, a minimum of six feet in height, may be required
to prevent unauthorized access to the premises.
(3)
At all intersections and driveways, screening
shall be restricted to a maximum height of two feet and trees shall
be maintained to a clearance of seven feet above the ground to ensure
sight lines remained unobstructed.
H. Natural features. The proposed use is compatible with
geologic, hydraulic, and soil conditions of the site and adjacent
areas and the existing natural scenic features are preserved to the
greatest possible extent.
I. Public facilities. The public facilities that service
the proposed use, including water, sanitary sewer, drainage, roads
and related facilities, parks and open space are adequate for the
intended level of use.
J. Avoidance of nuisance. The proposed use will not create
noise, odor, dust or smoke as to create a nuisance or to be detrimental
to adjoining properties.
K. Stormwater management and drainage requirements. If a SWPPP was submitted together with a site plan pursuant to §
407-108A of this chapter, such SWPPP and site plan shall not be approved unless they comply with the requirements of Article
XXXV of this chapter, Stormwater Management, and unless stormwater management practices are designed and constructed in accordance with the Design Manual and the Erosion Control Manual, or equivalent technical standards, in accordance with §
407-199 of this chapter. In addition to any applicable requirements under Article
XXXV of this chapter, the proposed development shall:
[Amended 12-17-2007 by L.L. No. 5-2007]
(1)
Not result in post-development discharge rates
and volumes that exceed predevelopment discharge rates and volumes
to adjoining properties.
(2)
Surface water runoff shall be minimized and
detained on site as long as possible and practical to facilitate groundwater
recharge. When available, municipal stormwater sewers may be employed
to handle excess runoff.
(3)
If stormwater cannot be channeled into municipal
stormwater sewers, stormwater runoff shall be detained on site. In
no case shall increased runoff due to development activity be directed
onto adjacent property. Techniques for delaying surface stormwater
runoff shall be developed to prevent any increase in the runoff rate
as a result of storms with a twenty-five-year or less recurrence frequency.
(4)
The natural state of watercourses, swales or
rights-of-way shall be maintained as much as possible. All drainage
facilities shall be designed for a ten-year storm minimum. The Town
Board may, on the Town Engineer's recommendation, require facilities
sized for more intensive storms should development conditions in the
vicinity of the site warrant a greater degree of protection.
L. Erosion and sediment. In addition to the requirements of Article
XXXV, Stormwater Management, where significant soil erosion or sediment deposition may occur as a result of the disturbance of the land, the Town Board may require that the application for site plan review be accompanied by a SWPPP or an erosion and sediment control plan conforming to the standards and practices contained in the Erosion Control Manual, the Design Manual, the USDA Natural Resources Conservation Service Engineering Field Manual (EFM) and the New York Guidelines for Urban Erosion and Sediment Control, and/or another erosion and sediment control manual recognized by the Engineering Department or Town Board. Such central plans shall insure the removal, on site, of no less than 80% of the annual total suspended solids generated from development runoff.
[Amended 12-17-2007 by L.L. No. 5-2007]
M. In no case shall plans be approved that would alter
the course of a natural watercourse shown on the United States Geodetic
Survey maps and the Official Town Map, or that would restrict or impede
the free flow of water in these waterways, with piping or other structures,
except by approval of the Town Board (which may require a public hearing)
and, where applicable, a Department of Environmental Conservation
permit.
No property shall be utilized in a manner different
than in an approved site plan unless a revised site plan has been
approved, even if the revised use, by itself, represents a use not
requiring site plan approval.