[Amended 4-27-1987 by L.L. No. 2-1987]
A.
The applicant shall submit a sketch plan of the proposed
development to the Land Use Inspector. The sketch plan shall be accompanied
by an application for site plan review. The Land Use Inspector shall review
the materials submitted for completeness and request additional information,
if necessary. When sufficient information is received to fully apprise the
Land Use Inspector of the character and scope of the proposal, the Land Use
Inspector shall determine if the proposed land use activity is subject to
the provisions of this chapter and, if so, shall take one (1) of the following
actions:
(1)
In case of a proposal involving a one- or two-family
dwelling with appurtenant structures or a manufactured or mobile home with
accessory structures on an individual lot outside of a mobile home park or
an accessory use that is clearly subordinate or incidental to the otherwise
residential use of the land in question, such as garages or sheds, the Land
Use Inspector shall approve and date the site plan application, provided that
the proposal is in accord with the requirements of this chapter and the Town
of Brownville Sanitary Code Law.[1] The Land Use Inspector shall subsequently carry out the duties prescribed in Article XI, § 128-28, regarding recordkeeping, inspections and certificates of occupancy. A sketch plan fee for these uses will be determined by the fee schedule adopted by the Town Board resolution.
[Amended 4-27-1987 by L.L. No. 2-1987]
When the Planning Board receives a sketch site plan referral from the
Land Use Inspector, the Board shall conduct an initial review to determine
the conformity of the proposal to the General Plan and to provide the applicant
with a firm indication of whether the proposal, in its major features, is
acceptable or should be modified before expenditures for more detailed planning
are made. The Board shall also review the preliminary site plan application
requirements to determine information the applicant will need to present with
the site plan.
An application for preliminary site plan approval shall be filed with
the Town Clerk, together with the appropriate fee as determined by the fee
schedule adopted by Town Board resolution. The application and plan shall
include the following:
A.
Name and address of applicant and owner, if different,
and of the person responsible for preparation of such drawings.
B.
Date, North point, written and graphic scale.
C.
Boundaries of the area plotted to scale, including distances,
bearings and areas.
D.
Location and ownership of all adjacent lands as shown
on the latest tax records.
E.
Location, name and existing width of adjacent roads.
F.
Location, width and purpose of all existing and proposed
easements, setbacks, reservations and areas dedicated to public use or adjoining
the property.
G.
Complete outline of existing or proposed deed restrictions
or covenants applying to the property.
H.
Existing hydrologic features, together with a grading
and drainage plan showing existing and proposed contours at five-foot intervals.
I.
Location, proposed use and height and dimensions of all
buildings.
J.
Location, design and construction materials of all parking
and truck loading areas, with access and egress drives thereto.
K.
Provision for pedestrian access, including public and
private sidewalks.
L.
Location of outdoor storage, if any.
M.
Location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining walls
and fences.
N.
Description of the method of sewage disposal and the
location, design and construction materials of such facilities.
O.
Description of the method of securing public water and
location, design and construction materials of such facilities.
P.
Location of fire lanes and other emergency zones, including
the location of fire hydrants.
Q.
Location, design and construction materials of all energy
distribution facilities, including electrical, gas and solar energy.
R.
Location, size, design and construction materials of
all proposed signs.
S.
Location and proposed development of all buffer areas,
including indication of existing and proposed vegetative cover.
T.
Location and design of outdoor lighting facilities.
U.
Designation of the amount of gross floor area and gross
leasable area proposed for retail sales and services, office and other similar
commercial or industrial activities.
V.
Number and distribution by type of all proposed dwelling
units.
W.
General landscaping plan and planting schedule.
X.
A completed State Environmental Quality Review (SEQR)
environmental assessment form.
Y.
Other elements integral to the proposed development,
as considered necessary by the Planning Board, including identification of
any federal, state or county permits required for the project's execution.
A.
The Planning Board shall consider the proposed site plan
and its net effect on the community. Such considerations shall include, as
appropriate, but shall not be limited to, compatibility with the General Plan,
the economic, social, physical and environmental aspects of the proposal and
such other matters as may be determined pertinent. The Board may consult with
local and county officials, its designated consultants and also with representatives
of federal, state and county agencies, including, but not limited to, the
Soil Conservation Service, the New York State Department of Transportation,
the Department of Environmental Conservation and the Department of Health.
B.
The Planning Board shall be responsible for completion
of the environmental assessment requirements of the State Environmental Quality
Review (SEQR) Law.
The Planning Board shall conduct a public hearing on the preliminary
site plan. Such public hearing shall be conducted within forty-five (45) days
of the receipt of the completed application for preliminary site plan approval
and shall be advertised at least five (5) days before the hearing in the town's
official newspaper.
Within forty-five (45) days of such public hearing, the Planning Board
shall act on the preliminary site plan. If no decision is made within said
time 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 approved, disapproved
or approved with modifications. The statement may include recommendations
of desirable modifications to be incorporated in the final site plan, of which
conformance with said modifications shall be considered a condition of approval.
If the preliminary site plan is disapproved, the 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 after it has been revised
or redesigned.
A.
After receiving approval with or without modifications
from the Planning Board on a preliminary site plan, the applicant shall submit
a final detailed site plan for approval. If more than six (6) months has lapsed
since the time of the Planning Board's action on the preliminary site
plan, and if the Planning Board finds that conditions may have changed significantly
in the interim, the Planning Board may require a resubmission of the preliminary
site plan for further review and possible revision before accepting the proposed
final site plan for review.
B.
The final detailed site plan shall conform substantially
to the approved preliminary site plan and shall incorporate any modifications
that may have been recommended by the Planning Board in its 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 detailed site plan approval:
A.
Within forty-five (45) days of receipt of the completed
application for final site plan approval, the Planning Board shall make a
decision on the plan submitted. If no decision is made within the forty-five-day
period, the final site plan shall be considered approved.
B.
Upon approval of the final site plan and payment by the
applicant of all fees and reimbursable costs due the town, the Planning Board
shall endorse its approval on a copy of the final site plan.
C.
The decision of the Planning Board shall immediately
be filed in the office of the Town Clerk and a copy mailed to the applicant.
