[Added 10-10-2001 by L.L. No. 5-2001]
A.
Applicability.
(2)
This article does not apply to uses and structures
that are lawfully in existence as of the date this article becomes
effective. Any use, which would otherwise be subject to this article,
that has been discontinued for a period of two years or more shall
be subject to site plan review before such use is resumed.
B.
Conflicts with other laws. Where this article conflicts
with any other federal, state, or local law, rule, or regulation,
the more restrictive of them shall apply.
A.
In all cases where site plan approval is required,
the owner or his contract purchaser or lessee shall complete an application
for site plan approval on the forms available therefor from the Code
Enforcement Officer. No such application shall be complete unless
it shall contain the following:
(1)
A site plan prepared by an architect, landscape
architect, engineer or land surveyor containing the information and
data as required by this article and the Code Enforcement Officer.
(2)
A completed environmental assessment form as
required by 6 NYCRR 617 (SEQRA).
(3)
All necessary application fees and deposits
as required by the Code Enforcement Officer.
(4)
Any other information as may be reasonably required
by the Code Enforcement Officer.
B.
Site plan requirements. The site plan map or maps
shall contain the following information and elements unless waived
by the Planning Board:
(1)
A boundary survey certified by a licensed land
surveyor in accordance with the code of practice as set forth by the
New York State Association of Professional Land Surveyors which represents
the deed of record as filed in Yates County or proposed boundary of
property if property is to be subdivided.
(2)
Names and addresses of the owner of the site
(and the contract purchaser or lessee, if applicable) as well as all
other owners within 200 feet of the site.
(3)
The zoning classification of the site and all
property within 200 feet.
(4)
All existing easements and restrictions of record,
including rights-of-way and the high-water mark.
(5)
All existing and proposed utilities, both public
and private, including potable water lines, sanitary sewer or septic
system.
(6)
All existing and proposed buildings or structures.
(7)
All watercourses, marshes, wooded areas, wetlands
(DEC or Corps of Engineers) floodplains (based on FEMA maps) or other
significant natural or man-made features.
(8)
Existing topography of the site and adjacent
properties as revealed by contours or key elevations.
(9)
Proposed grading.
(10)
Proposed land use.
(11)
All driveways, parking lots, curbing, loading
spaces and driving lanes, including proposed on- and off-site circulation
patterns.
(12)
All proposed landscaping, plantings, screening
devices and exterior lighting.
(13)
All proposed signs.
(14)
Existing and proposed fire hydrants and fire
suppression connections on buildings.
(15)
Detailed drainage plans showing on-site storage,
floodways, and proposed easements, including siltation and erosion
control plans.
(16)
Construction sequence and timing of completion
of all improvements.
(17)
Architectural drawings and floor plans showing
pedestrian and vehicular access.
(18)
Type, size and location of all waste removal
containers, compactors and outdoor mechanical equipment, including
the screening of them.
(19)
Such other information or details as may reasonably
be required by the Code Enforcement Officer or the Planning Board.
C.
Sketch plan conference (optional). A sketch plan conference
is not required but may be held with the Planning Board and the applicant
prior to the preparation and submission of a formal site plan. The
intent of such a conference is to enable the applicant to present
a proposal prior to the preparation of a detailed site plan, to ensure
basic site design concept meets planning criteria, to advise the applicant
of concerns, and to generally determine the information to be required
in the site plan. In order to accomplish these objectives, the applicant
is encouraged to provide the following at a site plan conference:
(1)
Proof of property ownership or authorization
of owner representation.
(2)
Recent property survey.
(3)
A statement and rough sketch showing the locations
and dimensions of principal and accessory structures, parking areas,
access signs (with descriptions), existing and proposed vegetation
and other planned features; anticipated changes in the existing topography
and natural features.
(4)
An area map showing the parcel under consideration
for site plan review and all properties, subdivisions, streets, rights-of-way,
easements and other pertinent features.
(5)
A topographic or contour map of adequate scale
and detail to show site topography (degree of detail to be determined
at the site plan conference).
(6)
Erosion control plan.
D.
Meeting scheduled. Upon receipt of a complete application,
the Code Enforcement Officer shall cause said application to be placed
on the next available Planning Board agenda for consideration by the
Planning Board, and shall refer a copy of the application to the Yates
County Planning Board if required by GML § 239-m, as well
as the Town Engineer, the Branchport-Keuka Park Fire Department, the
Town Highway Superintendent and such other persons or agencies as
in his discretion seem advisable.
E.
Decision by Planning Board. The Town Planning Board
shall review such plan for completeness and suitability in accordance
with the provisions of this article. Such review shall commence with
the first meeting after receipt of a complete application, and a decision
shall be rendered no later than 62 days from the first Planning Board
meeting at which a complete application is received.
(1)
Referral to Zoning Board. If the Planning Board
determines that an area variance is required by the proposal, the
matter shall be referred to the Town Zoning Board of Appeals and the
sixty-two-day decision time shall be stayed during the time of such
referral.
(2)
Extension of time for decision. The time for
decision set forth above may be extended by mutual consent of the
Planning Board and the applicant.
F.
Permissible action by Planning Board. The Planning Board, when rendering a decision on a proposed site plan, may approve, approve with modifications, or disapprove such proposal. In addition, the Planning Board shall have the authority to impose such conditions or restrictions as in the opinion of the Planning Board are both reasonable and directly related to the purposes of site plan review as set forth in § 160-103.
The Planning Board shall review each application
for site plan review in order to insure to the extent practicable
that all elements of the site plan serve to promote the following
goals and objectives:
A.
Compatibility of the proposed use with neighboring
uses.
B.
Safe and appropriate movement of vehicles and pedestrians
onto and off of the site.
C.
Adequacy of the systems for general safety and the
suppression of fires.
D.
Suitability of landscaping, buffering, lighting, and,
hours of operation.
E.
Adequacy of drainage systems.
F.
Suitability of signage.
G.
Appropriateness of architectural design and treatment
considering the neighboring structures.
