A.
The Town of East Bloomfield 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 use permits requiring site plan approval as a prerequisite shall be regulated as set forth in this section. The application procedures for zoning permits or special use permits are contained in Article V of this chapter.
B.
To determine whether site plan approval is to 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:
C.
Generally speaking, site plan approval is required
for site developments of special permit uses occurring within the
following districts:
D.
In conducting its review and approval of any site
plan application, the Town Planning Board shall require that all provisions
of this chapter are complied with.
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 shall notify an applicant for a building permit
where site plan approval is required.
B.
The thresholds which determine the need for site plan
approval are as follows:
[Amended 1-12-2004 by L.L. No. 1-2004]
C.
The Code Enforcement Officer 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 Code Enforcement
Officer 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 Code Enforcement Officer determines that site
plan approval by the Planning Board is required, the Code Enforcement
Officer 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 Code Enforcement Officer and shall contain
the following information:
(1)
Nature of proposed development.
(2)
Section of local law requiring 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 the Town Planning Board at
a regularly scheduled meeting.
B.
Upon review of said application letter, the Code Enforcement
Officer shall prepare a written response to the applicant containing
the following information:
(1)
Date of the 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 Code Enforcement Officer
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
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. The process for site plan approval, including the time frames
for making decisions, shall coincide with that set forth in this chapter.
D.
Whenever the Planning Board shall determine that a
public hearing in a site plan application is necessary, the applicant
shall be required to erect a sign giving notice of such public hearing,
which sign shall be prominently displayed on the premises, facing
a public street or road on which the property abuts. The sign shall
be furnished to the applicant for this purpose by the Town. Said sign
shall be displayed for a period of not less than 10 days immediately
preceding the public hearing or any adjournment date thereof. The
applicant shall file an affidavit with the Planning Board at or prior
to the public hearing, stating that he or she has complied with the
provisions of this section.
[Added 9-12-2005 by L.L. No. 4-2005]
A.
Upon receipt of said Code Enforcement Officer'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 the five-foot intervals, unless
the Planning Board specifies otherwise.
(8)
Names of owner and owners of adjacent properties.
B.
The Planning Board shall consider all concept site
plans at their 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 reduce
the need for variance which, in the Board's opinion, will improve
the layout and be in keeping with the best interests of the town.
C.
The Planning Board shall be permitted a reasonable
time to review a concept site plan and make comments, but in no instance
longer than 60 days from the time of Planning Board's receipt.
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.
Application for preliminary site plan approval
shall be made, in writing, to the Code Enforcement Officer and shall
be accompanied by information drawn from the following checklist,[1] as determined necessary by the Planning Board at the concept
plan review.
[1]
Editor's Note: The Preliminary Site Plan Checklist
is located at the end of this chapter.
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)
General considerations.
(a)
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls.
(b)
Adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(d)
Location, arrangement, size, design and general
site compatibility of buildings, lighting and signs.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal
facilities.
(g)
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.
(h)
In the case of an apartment complex or other
multiple dwelling, the adequacy of usable open space for play areas
and informal recreation.
(i)
Protection of adjacent or neighboring properties
against noise, glare, unsightliness or other objectionable features.
(j)
Adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
(k)
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 the East Bloomfield-Holcomb Volunteer
Fire Department, Ontario County Planning Department 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 be made by or under the direction of a registered
architect, whose seal shall be affixed to the plans, and to submit
landscape plans made by or under the direction of a registered landscape
architect, together with an estimate of the cost of installing the
same.
D.
Public hearing. When the Planning Board decides to
conduct a public hearing on preliminary site plan, said public hearing
shall be conducted within 45 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 right to
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 Code Enforcement Officer by mail at least
10 days before the public hearing.
A.
Within 45 days of the Planning Board's publication
of a complete application for preliminary site plan approval, the
Planning Board shall act on it. If no decision is made within said
forty-five-day period, 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 when not reaching
a timely decision within the time period specified.
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 findings. 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, then the Planning Board shall notify the Board
of Appeals and the applicant of what variance(s) the Board believes
would be appropriate based on their review of the preliminary site
plan. The Planning Board report shall be considered by the 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 and, where necessary, final site plan approval may
require the modification, restoration or removal of unapproved site
changes.
A.
After receiving conditional approval from the Planning
Board on a preliminary site plan, the applicant may prepare his final
detailed site plan and submit it to the Planning Board for approval,
except that 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 at 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; and
(2)
An estimated project construction schedule.
(3)
A detailed plan identifying all lands, easements and
right-of-ways 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 Code Enforcement Officer, 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 45 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 Code Enforcement Officer.
B.
Upon approval by all involved agencies, an application
for the site plan approval by 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 it to the Code Enforcement Officer, who shall then issue
a zoning permit to the applicant if the projects conforms to all other
applicable requirements and permits.
C.
Upon disapproving an application, the Planning Board
shall so inform the Code Enforcement Officer 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
will automatically terminate one year after the same is granted, unless
significant work has been done on the project.
B.
Reimbursable costs. Reasonable 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.
C.
Performance guarantee. No zoning 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 Code Enforcement
Officer, Town Engineer, Planning Board and Town Attorney.
D.
Inspection of improvements and development. The Code
Enforcement Officer shall be responsible for the overall inspection
of site improvements, including coordination with the 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 New York State 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 use permit procedure or the requirements of Ch. 86, Land Development, 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 buildings 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.
