A.
A site plan shall be submitted to the Town Board or
other board or officer authorized to approve site plans by resolution
of the Town Board only when the land on which the proposal is situated
is in the proper zoning district to allow the intended use(s). The
appropriate board shall determine which of the following stages and/or
data requirements are necessary and completely document its reason
for its actions on these matters as part of the record on the application.
In the event that the reviewing board is not the Planning Board, the
reviewing board or officer shall refer the plans to the Planning Board
for its review and recommendation, before final action is taken by
the referring board.
B.
Prior to issuing a building permit for the construction
of a building on a parcel of land for any permitted use in any district,
except one- or two-family dwellings and their customary accessory
structures and farm-related structures, the owner, developer or agency
or Building Inspector shall refer the site plans for such parcel of
land to the Clerk of the Planning Board for its review and approval.
C.
The Town of Gates recognizes the need to protect mature vegetation and existing buffer areas, and therefore requires landowners to obtain site plan approval prior to clearing land over 10,000 square feet in area. The Planning Board shall review the environmental impacts of the loss of this vegetation on the adjacent properties and infrastructure. In addition to the penalties outlined in § 190-213, violators will be responsible for reforesting cleared areas with mature trees to the satisfaction of the Planning Board.
[Added 5-3-2021 by L.L.
No. 11-2021]
A.
The preapplication sketch shall include:
(1)
Title of drawing.
(2)
Location of site with respect to existing and
proposed rights-of-way and intersections.
(3)
Internal street pattern, if any, of the proposed
development.
(4)
Location of all existing structures on the site
and future use of the same.
(5)
Existing zoning classification(s) of the property
and all adjacent properties, and any restrictions on land use of the
site.
(6)
Existing natural features on the site and future
use of the same.
(7)
Contour intervals at 10 feet, including 100
feet of adjacent property.
[Amended 1-17-1977]
(8)
Names of the owner and of adjacent property
owners.
B.
The Planning Board may, at this stage, suggest changes
in the preapplication sketch involving street layout, traffic patterns,
lot size or shape, preservation of natural features or other matters
which, in its opinion, will improve the layout in keeping with the
best interests of the Town.
C.
The Planning Board shall be permitted a reasonable
time to review the plan, but in no instance longer than 62 days, unless
provided for elsewhere in this chapter.
[Amended 9-7-1999 by L.L. No. 2-1999]
D.
The Planning Board shall notify the applicant in writing
of its decision. A copy of the minutes of the meeting at which the
decision was made shall suffice.
Any preliminary application for site plan approval
shall be made in writing and shall be accompanied by any or all of
the following information, as required by the Planning Board, prepared
by a licensed engineer, architect, landscape architect or surveyor
and certified by the seal and signature of such engineer, architect
or surveyor:
A.
An area map showing that portion of the applicant's
property under consideration, the applicant's entire adjacent holdings
and all properties, subdivisions, streets and easements within 500
feet of the applicant's property.
B.
A tracing overlay showing existing contour intervals
of not more than one foot of elevation, or as may be required by the
Planning Board, including 100 feet of adjacent property.
C.
A tracing overlay showing proposed finished contour intervals of not more than one foot of elevation, or as may be required by the Planning Board, and direction of drainage with arrows. Data required here may be placed on the same tracing as required in Subsection B above, provided that the proposed finished contours are illustrated by solid lines.
[Amended 1-17-1977]
D.
A preliminary site plan including the following information:
(1)
Title of drawing, including the name and address
of the applicant.
(2)
North point, scale and date.
(3)
Boundaries of the property plotted to scale.
(4)
Existing watercourses.
(5)
A plan showing location of all buildings; location
and size of all off-street loading facilities, with ingress and egress
drives thereto; location and size of outdoor storage, if any, and
the method of screening the storage area from public view; location
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences; description of the method of sewage disposal
and location of such facilities and any proposed changes in existing
stream channels; location and size of all signs; location and proposed
development of buffer areas; location and design of lighting facilities;
any existing and proposed easements; the location, if any, of waste
storage and the method of screening from public view air-conditioning
units and other facilities located on rooftops of buildings; and the
location of exhaust fans for use in relationship to adjacent residential
areas.
(6)
A tracing overlay showing all soil areas and
their classifications, and those areas, if any, with moderate to high
susceptibility to flooding and moderate to high susceptibility to
erosion. For areas with potential erosion problems, the overlay shall
also include an outline and description of existing vegetation.
A.
The Planning Board's review of a preliminary site
plan shall include, but is not limited to, the following considerations:
[Amended 5-3-2021 by L.L. No. 11-2021]
(1)
Adequacy and arrangement of pedestrian traffic
access and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic, and pedestrian convenience. Consideration shall be given
to facilities to assist handicapped persons using the facility.
(2)
Location, arrangement, size, layout and architectural
features of buildings, structures, lighting and signs. As much as
is possible, consideration should be given to noise sources, privacy,
prevailing wind directions and seasonal sun movements when locating
structures, patios and open spaces on parcels, exhaust fans and outdoor
waste disposal locations. Consideration should also be given to how
the proposed buildings, structures, lighting and signs fit with the
character of the surrounding properties.
(3)
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or noise-deterring
buffer between these and adjoining lands. The preliminary site plan
should also show existing stands of trees on the site.
(4)
In the case of a multifamily development, the
adequacy of usable open space for playgrounds and/or passive recreation.
(5)
Adequacy of stormwater management and/or sanitary
waste disposal facilities.
(6)
Adequacy of structures, roadways and landscaping
in areas with moderate to high susceptibility to flooding and ponding
and/or erosion.
(7)
Protection of adjacent properties and the general
public against noise, glare and unsightliness or other objectionable
features.
B.
In its review the Planning Board is encouraged to
consult with the Town Engineer and other Town and county officials
and boards, as well as with representatives of federal and state agencies,
including the Soil and Water Conservation District, the United States
Army Corps of Engineers or the New York State Department of Environmental
Conservation. The Planning Board may require that exterior design
of all structures be made by or under the direction of a registered
architect, whose seal shall be affixed to the plans.
The Planning Board may require such additional
provisions and conditions that appear necessary for the public health,
safety and general welfare.
A.
Within 62 days of the receipt of the application for
preliminary site plan approval, the Planning Board shall act on it.
If no decision is made within said sixty-two-day period, the preliminary
site plan shall be considered approved. 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 conditionally approved.
A copy of the appropriate minutes of the Planning Board shall be a
sufficient report. The Planning Board's statement may include recommendations
as to desirable revision to be incorporated in the final site plan,
of which conformance with shall be considered a condition of approval.
If the preliminary site plan is disapproved, the Planning Board's
statement will contain the reasons for such findings. In such a case,
the Planning Board may recommend further study of the site plan and
resubmission of the preliminary site plan to the Planning Board after
it has been revised or redesigned.
[Amended 9-7-1999 by L.L. No. 2-1999]
B.
No modifications of existing stream channels, filling
of lands with moderate to high susceptibility to flooding, grading
or removal of vegetation in areas with a moderate to high susceptibility
to erosion, or excavation for and construction of site improvements
shall begin until the developer has received preliminary 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 or removal of unapproved site improvements.
A.
After receiving conditional approval from the Planning
Board on a preliminary site plan and approval for all necessary permits
and curb cuts from state and county officials, 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 plan
approval. It shall incorporate any revisions or other features that
may have been recommended by the Planning Board at the preliminary
review. In addition to that provided elsewhere in this chapter, the
Planning Board may require a letter of credit, bond or maintenance
bond for any facility or improvement that is indicated as part of
the plan, such as parking areas and buffer and screen devices. All
such compliances shall be clearly indicated by the applicant on the
appropriate submission.
A.
Within 62 days of the receipt of the complete application
for final site plan review, the Planning Board shall, when appropriate
and required to do so by Town Board resolution, render a decision
to the appropriate referring board, agency or official. If no decision
is made within 62 days, the final site plan shall be considered approved.
[Amended 9-7-1999 by L.L. No. 2-1999]
B.
Upon approving an application, the Planning Board
shall endorse its approval on two copies of the final site plan and
shall forward one copy, when necessary, to the referring board, agency
or official authorized by the Town Board to render final decisions
on such matters, who may then issue, when appropriate, one or more
building permits to the applicant if the project conforms to all other
applicable requirements, once application is made by the applicant.
The second copy shall be filed with the Planning Board, when appropriate,
and it shall be considered the approved plan with which all development
on the respective site must conform.
C.
The decision of the Planning Board shall be filed
in the office of the Town Clerk within five business days after the
decision is rendered, and a copy thereof mailed to the applicant.
[Added 9-7-1999 by L.L. No. 2-1999]
D.
Substantial construction, excluding the clearing and mass grading
of the land, must begin within one year after the date of the final
resolution of approval, or approval by the authorized official, provided
final site plan approval has been filed with the Town Clerk; otherwise,
an extension or reapproval must be obtained. The Town Board, under
advisement from the Planning Board, may grant an extension or reapproval
for up to three years.
[Added 5-6-2019 by L.L.
No. 1-2019]
[Added 9-7-1999 by L.L. No. 2-1999]
The Planning Board shall mail notices to the
county planning agency as required by Town Law § 274-a,
Subdivision 9, and shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations, as required by Town Law § 274-b,
Subdivision 8.
A.
B.
Any additional requirements requested by the Town
of Gates Engineer shall be made known to the applicant at the time
of the approval of the preapplication sketch, provided that all requirements
shall be complied with before the Planning Board renders a final decision.
