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:
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.
H.
Mobile home parks.
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.
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]
A.
The application and appropriate fees for site plan review shall be submitted to a Code Enforcement Officer. The application shall include a SWPPP, if required for the proposed land development activity under Article XXXV of this chapter, together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP pursuant to § 407-197B of this chapter. Where the site plan is submitted for a special use, consideration of the site plan and special use shall to the maximum extent practicable be conducted simultaneously. The content of the site plan shall be reviewed by a Code Enforcement Officer and the Town Engineer prior to filing and distribution to the Planning Board to ensure completeness. The applicant shall submit 10 copies of all plans and supplementary information to a Code Enforcement Officer; additional copies may be requested for additional review agencies. A Code Enforcement Officer shall distribute copies of the plans for review, report and recommendations to the following:
[Amended 12-17-2007 by L.L. No. 5-2007]
B.
Within 31 days after receipt of the completed application,
the Planning Board shall review the application, site plan, and supporting
data, and shall make a written recommendation of approval, approval
with modifications or conditions, or disapproval of the site plan.
[Amended 3-29-2006 by L.L. No. 3-2006]
C.
The failure of the Planning Board to make a recommendation
within 31 days following the receipt of a complete application, or
such longer period as may be agreed to by the applicant, shall be
deemed a recommendation for the approval of the development plan as
submitted. The Planning Board may, at its sole discretion, hold a
public hearing within its time frame to provide a recommendation.
D.
Within 31 days following the receipt by the Town Board
of the report of the Planning Board, or its failure to act as above
provided, the Town Board may conduct a public hearing. Within 62 days
after the public hearing, if one is held, or 31 days after the receipt
of the Planning Board's recommendation if no hearing is held, the
Town Board shall either approve the site plan, approve the site plan
with modifications, or deny the site plan. The Town Board's failure
to act is deemed a denial of the plan.
E.
In approving the site plan, conditions limiting the
use and occupancy of the land or proposed buildings consistent with
the intent and purposes of this code and other applicable laws may
be imposed on the development. No use of the property shall occur
nor building permits or other permits issued until the applicant submits
a written acceptance of the conditions and modifications to the Code
Enforcement Officer.
F.
Approval of any site plan shall remain in effect for
a period of not more than 12 months unless a successful application
for a building permit or certificate of occupancy has been made within
that period. One six-month extension may be granted to obtain the
building permit by the Town Board.
A.
The site
plan should include the following information. The Planning Board
may waive requirements set forth in this section as deemed appropriate.
The plan shall be prepared by a licensed New York State professional
engineer, architect, landscape architect or licensed land surveyor
as appropriate:
(1)
Application form, notes, and other required
written information.
(2)
Title of drawings, including the name of the
development, name, telephone number and address of applicant and the
name of the person who prepared the drawing.
(3)
Location plan, North point, professional stamp,
scale (one inch equals 20 feet or other appropriate scale) and date.
(4)
Zoning, land use and ownership of surrounding
and adjacent properties, including all structures on adjacent and
surrounding properties.
(5)
A boundary survey of the proposed development,
plotted to scale, and existing topographic features including contours
or spot elevations at a fifty-foot grid, large trees, buildings, structures,
streets, property lines, utility easements, rights-of-way, sewers,
water mains, fire hydrants, culverts and other significant man-made
features, delineated wetlands and land uses.
(6)
Layout and number of lots.
(7)
All lot dimensions including, but not limited
to, lot frontage, lot area, building coverage, lot coverage, front
yard, side yard, rear yard, building heights and floor area ratio,
where applicable.
(8)
All improvement dimensions, including, but not
limited to, access roads, snow removal/storage areas, parking areas,
walkways, buildings, etc.
(9)
Existing and proposed streets, sidewalks and
pedestrian paths immediately adjoining and within the proposed site
and the names of all proposed streets.
(11)
Paving, including typical cross sections and
profiles of proposed streets, pedestrian walkways and bike ways.
(12)
Location and proposed use, height, building
elevations, and finished elevations of all structures.
(13)
Colors, materials, dimensions, access and rooftop
plans of all structures.
(14)
Location and proposed development of all open
spaces, including parks, playgrounds, etc.
(15)
Existing and proposed watercourses, direction
of flow and the impact on the watershed.
(16)
Drainage plan showing existing and finished
grades, size and type of pipe, location of receivers, and stormwater
management plan evaluating the impacts on the watershed. The best
management practices employed to mitigate the impacts of stormwater
management shall be set forth in detail. A copy of the storm drainage
analysis shall be submitted for review when required by the Town Engineer.
Detention/retention basins shall be designed in accordance with Town
standards.
(17)
Water supply plan, including existing and proposed
location of fire hydrants, size of service line and a note indicating
any required backflow preventor.
(18)
Sewage disposal method and data as required
by the Town Engineer.
(19)
Landscape plan indicating location, type and
size of existing trees and vegetation identifying those to be preserved
or removed as well as location, type and size of trees, vegetation
and amenities to be provided.
(20)
Location, design and illumination field of lighting,
fences and walls.
(22)
Garbage screening and enclosures.
(23)
Provisions for barrier-free access.
(24)
Applicable pollution control.
(25)
Size and location of hazardous materials storage
areas.
(26)
Location of bus stops and shelters.
(27)
Proposed easements, restrictions, covenants
and provision for homeowners' associations and common ownerships.
(28)
Estimated construction schedule and phasing
plan for buildings, earthwork and landscaping.
B.
In addition
to the required site plan and supporting data indicated in this article,
the Planning Board may request, of a property owner or their agent,
additional supporting data or plans deemed necessary and relevant
to carry out its responsibility for site plan review and provided
in this code. The Planning Board may request review and report from
the Town Engineer, as it may deem necessary.
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.
A.
The Ferry Village area of Town is a special historical
area worthy of extra protection from the Town. Accordingly, in addition
to the other site plan requirements, the Planning Board and Town Board
shall consider the following architectural and design guidelines on
projects requiring site plans within the Ferry Village area:
(1)
To preserve the current residential atmosphere,
new buildings and reconstructions should be compatible in size, scale,
and mass with existing structures. Special consideration needs to
be given to marina structures for indoor storage, sales, and repair
of boats. Notwithstanding their size and scale, building mass should
be reduced by varying roof lines and the addition of wings which can
modify the appearance of excessive size.
(2)
To preserve the grain of development within
Ferry Village, the rhythm of buildings and building facades should
be maintained. Long continuous facades and elevations should be avoided.
Structures that require large interior volumes should be designed
to minimize lengthy unbroken facades and rooflines.
(3)
Rooflines should vary and favor gabled and hip
roof styles with moderate pitches compatible with the surroundings.
(4)
Windows should be symmetrical and proportioned
to wall space. Types and materials should be compatible with the historic
and architectural character of Ferry Village.
(5)
Stylistic trim using cornices, scroll work,
and similar historically appropriate effects will be encouraged.
(6)
Exterior materials should emphasize a natural
appearance with preferences given to wood, wood siding, and brick.
For durability and ease of maintenance, and updating existing structures,
vinyl siding that simulates wood surfaces may be utilized.
(7)
Colors should be subdued and compatible with
the village atmosphere and/or be typical of the period of the architecture
of the structure, or the structure from which contemporary designs
have been derived.
(8)
Mechanical equipment and systems shall be placed
where they will be visually unobtrusive whether mounted on a structure
or placed on-grade. Required rooftop installations will be screened
from view by architectural elements that are in keeping with the overall
design of the structure and the character of the Town.
(9)
Refuse disposal containers (dumpsters) should
be located at the rear or side of the primary use of a site and must
be screened from view by all-season enclosures that are visually compatible
with the primary structure and the overall character of the village.
(10)
Community trash receptacles, benches, light
standards and other "street furniture" should be of materials and
the design that is compatible with the village atmosphere and integrated
into an overall design concept for the site.
A.
All Town Center and hamlet developments must conform
to the following development standards:
(1)
The development is consistent with the Comprehensive
Plan and the standards outlined in this code.
(2)
The development shall provide for the preservation of the ecological
relationships and environmental values that were the basis for the
designation of the EED.
[Amended 10-15-2012 by L.L. No. 3-2012]
(3)
The development is compatible with existing
development in the surrounding area and does not unduly burden existing
Town infrastructure or services.
(4)
The developer has sufficient financing and capabilities
to complete the project as presented.
(5)
The development provides all necessary water
and sewer facilities, storm drainage, highway access, paved surface
streets in accordance with Town standards, parking and loading facilities,
off-street lighting and the developer has made reasonable provisions
for utility service connections with adjoining properties and other
ownerships.
(6)
All electric, telephone, cable television and
similar equipment will be installed underground in accordance with
the New York State Public Service Commission standards.
(7)
The right-of-way and pavement width for internal
roads serving all development are adequate and sufficient in size,
location and design to accommodate the maximum traffic, parking and
loading needs of the development; the pavement meets all applicable
Town standards.
(8)
There is adequate access for fire-fighting equipment,
police and other emergency vehicles.
B.
The critical importance of the natural resources that
exist within designated Enhanced Environment Overlay Districts (EED)
necessitates an additional level of review. In an Enhanced Environment
District, the development shall provide for the preservation of the
ecological relationships and environmental values that were the basis
for the designation of the EED. Since each EED is unique, the review
shall focus on the impact that development will have on established
ecological relationships as well as habitat and natural resource values.
The review shall also identify actions taken to avoid environmentally
sensitive resources, the rationale for the selection and application
of best management practices that minimize adverse environmental impact
and a plan for the mitigation of the remaining unavoidable development
impacts.
[Amended 10-15-2012 by L.L. No. 3-2012]
