Article VII Site Plan Approval and Special Use Permits

The Planning Board shall within 62 days of the public hearing, if one is held, or within 62 days of the receipt of a complete site plan application, either:

Approve the site plan if the Planning Board finds that the plan meets the requirements of this chapter and any other applicable rules and regulations; or

Conditionally approve the site plan upon the applicant making certain changes or modifications to the plan, said conditions to be set forth in writing by the Planning Board; or

Disapprove the site plan, the reasons for such action to be set forth in writing by the Planning Board.

Failure to act by the Planning Board within the required time shall be deemed approval. Should the Planning Board need an additional amount of time to consider the application, then it may do so with the consent of the applicant. Said agreement shall be recorded in the minutes.

Review of amendments to an approved site plan shall be acted upon in the same manner as the review of the original plan.

§ 90-23 Enforcement.

The Planning Board may require the posting of a bond or other similar performance guaranty to ensure compliance with the plan and stated conditions of approval. The Code Enforcement Officer may suspend any permit or license when work is not performed as required.

Any special use permit issued or continued under this article shall lapse within one year and revert back to its original use if a substantial use thereof has not commenced, except for good cause. The time required to pursue and await determination of a judicial appeal pursuant to § 274-b of the Town Law shall be included within the one-year time limit.

The Planning Board may adopt additional detailed design guidelines and performance standards, as it deems necessary by majority vote of the Planning Board, after conducting a public hearing to receive comments on any proposed revisions. Such hearing shall be advertised once in a newspaper of general local circulation, at least seven days prior to the hearing. Such standards and guidelines shall not become effective until adopted by the Town Board following a public hearing.

No topsoil, tree, shrubs or other vegetation shall be removed from the site until a site plan has been approved for the property in question.

§ 90-24 Submission requirements.

The site plan shall include the following data, details and supporting plans. The number of pages submitted will depend on the proposal's size and complexity. All of the requirements must be met in each plan except in accordance with Subsection B below.

The Planning Board may waive any of the requirements of Subsections C or D or parts thereof, prior to the submission of a formal site plan, when such requirements are not material to the project under review.

Site plans shall be prepared by a surveyor, registered professional engineer, architect, landscape architect at a scale of one inch equals 20 feet or less on standard twenty-four-inch by thirty-six-inch sheets, with continuation on eight-and-one-half-inch by eleven-inch sheets as necessary for written information.

Items required for submission include:

Name of the project, boundaries, location maps showing site's location in the Town, date, North arrow and graphic scale of the plan.

Name and address of the owner or record, developer and seal of the engineer, architect, surveyor or landscape architect.

Name and address of all owners of record of abutting parcels and those within 500 feet of the property line.

Identification of any active agricultural operations existing on or within 500 feet of the proposed project, including owners' names and addresses (see agriculture data statement).

(5)

Identification if any prime farmlands pursuant to the Town of Minden Comprehensive Plan maps are present on parcel.

(6)

Description of all land uses of abutting parcels and those within 500 feet of the property line.

(7)

All existing lot lines, easements and rights-of-way. Include all areas in acres or square feet, abutting land uses and the location and size of structures within 500 feet of the site.

(8)

The location, size, design, type of construction, and use of all existing and proposed buildings and structures within the development, including historic structures and cemeteries. Include all dimensions of height and floor area, and show all exterior entrances and all anticipated future additions and alterations.

(9)

The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping and walls. Location, type and screening details for all waste disposal containers shall also be shown.

(10)

The location, height, intensity and bulb type (e.g., fluorescent, sodium incandescent) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.

(11)

The location, height, size, materials and design of all proposed signage.

(12)

The location of all present and proposed utility systems, including:

Sewage or septic systems.

Water supply system.

Telephone, cable and electrical systems.

Storm drainage system, including existing and proposed drainage lines, culverts, catch basins, headwalls, end walls, hydrants, manholes and drainage swales. The Planning Board may also require soil logs, soil profile analysis (deep hole test pits), percolation test and stormwater runoff calculations for large developments in environmentally sensitive areas.

(13)

Plans to prevent the pollution of surface or groundwater erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table and flooding of other properties, as applicable. There shall be predrainage and post-drainage calculations for the site done by a certified engineer. From this the engineer must show how there will be no increase in runoff from the site. The use of ponds, dry wells, etc., shall be used, but all sites shall have zero increase in runoff so as not to disturb neighboring properties.

(14)

Existing and proposed topography at five-foot contour intervals. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel is within the 100-year floodplain, the area will be shown and base flood elevations given. Indicate areas within the site where ground removal or filling is required, and give its approximate volume in cubic yards.

(15)

A landscape plan showing all existing and natural land features, trees, forest cover and water sources, and all proposed changes to these features, including size and type of plant material, and erosion control measures. Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains and drainage retention areas.

(16)

Zoning district boundaries within 200 feet of the sites perimeter shall be drawn and identified on the plan.

(17)

Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within 200 feet of the site. The Planning Board may require a detailed traffic study for large developments or for those in heavy traffic areas to include:

The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;

The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site;

The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels as well as road capacity levels shall also be given.

(18)

For new construction or alterations to any existing building, a table containing the following information must be included:

Area of building to be used for a particular use such as operation, office, storage, etc.;

Maximum number of employees;

Maximum seating capacity, where applicable;

Number of parking spaces existing and required by this chapter for the intended use.

(19)

Elevation plans at a scale of 1/4 inch equals one foot for all exterior facades of the proposed structures and/or existing facades, plus addition(s) showing design features and indicating the type of color of materials to be used.

(20)

Copies of New York State Department of Environmental Conservation Well Completion Reports for completed well(s) (including the well log and pump test data).

(21)

Water-related data including:

Any and all water quality testing results.

The location(s) of all public water systems and other groundwater users within 1,500 feet of the proposed development boundaries;

A description of the pollution control measures proposed to prevent groundwater; or

Surface water contamination; and

(e)

A statement as to the degree of threat to water quality and quantity that could result if the control measures failed.

(22)

A hydrogeological study may be required by the Planning Board for any proposed project in Minden that has projected on-site groundwater withdrawals and/or on-site sewage disposal flows equal to or exceeding an average of 1,000 or 2,000 gallons per day (gpd). These types of projects could include, but are not limited to, recreational developments (golf courses, water theme parks, etc.), multifamily housing (apartments, condominiums, townhouses, etc.), industrial, or commercial developments.

An environmental assessment form (either short or long form, depending upon the nature of the proposal) shall be submitted with the site plan to ensure compliance with the New York State Environmental Quality Review Act (6 NYCRR 617), to identify the potential environmental impacts of the project.

Required agricultural review and agricultural data statement. An application for a site plan review must also contain an agricultural data statement if any portion of the project is located on property within a New York State certified agricultural district containing a farm operation, or other property with boundaries within 500 feet of a farm operation located in such Agricultural District. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the Agricultural District which contains farm property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement. The Planning Board shall cause a written notice of such application and date of public hearing to be mailed to the owners of land as identified by the applicant in the agricultural data statement. The Planning Board shall evaluate the impact of the proposal on existing agricultural operations in that district. The Montgomery County Planning Board, Montgomery County Soil and Water District, New York State Department of Agriculture and Markets or other suitable agencies as needed with any costs borne by the applicant.

Additional requirements for site plans. If, upon a review of the materials submitted by the applicant, the Planning Board determines that a proposed project could have traffic or visual impacts the Planning Board may require the applicant to prepare and submit a traffic impact analysis and/or a visual impact assessment. Costs for all reports, assessments, or plans required by the Planning Board shall be borne by the applicant.

Traffic report. Traffic reports shall include the following for the study area:

Internal traffic flow analysis.

Existing and projected average daily traffic and peak hour levels.

Existing and projected intersection levels of service (LOS).

Directional vehicular flows resulting from the proposed project.

(e)

Proposed methods to mitigate the estimated traffic impact.

(f)

Identification of any pedestrian crossing issues.

(g)

The methodology and sources used to derive existing data and estimations.

Visual impact report. The Visual impact assessment shall be prepared by a registered landscape architect or other qualified professional and shall include:

A report that visually illustrates and evaluates the relationship of proposed new structures or alterations to nearby natural landscapes and to preexisting structures in terms of visual character and intensity/scale of use (e.g. scale, materials, color, door and window size and locations, setbacks, roof and cornice lines, and other major design elements).

An analysis of the visual impacts on neighboring properties from the proposed development and alterations, and of the location and configuration of proposed structures, parking areas, open space, and gradient changes.

The Planning Board may require use of photo simulations or balloon tests as part of the visual impact assessment.

§ 90-25 Standards for review.

The Planning Board shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed below. Pursuant to § 90-23C, detailed design guidelines and performance standards may be adopted by the Planning Board to guide decisions with respect to these objectives and to help ensure consistency in the review of all applications.

The site plan is compatible with the goals, policies and standards set forth in the Town of Minden Comprehensive Plan.

Adjacent properties are protected from nuisance caused by noise, traffic, noxious or harmful odor, fumes, vibration and glare of lights.

Significant natural, ecological, cultural, and historical features on the site are preserved as much as possible (i.e. hills, water bodies, wetlands, streams, wooded areas, rock outcrops, native plants, wildlife habitats, scenic locations, historical locations, cemeteries, and other areas of aesthetic and ecological interest). The project preserves to the maximum extent possible, woodlands along roadways, property lines, streams, and hedgerows to preserve the largest unfragmented expanse of woodlands possible.

Adequate facilities for off-street parking and loading, drainage, snow removal, fire protection and methods of solid waste disposal are provided on site.

Roads, pedestrian ways, access driveways, loading areas and parking facilities are properly designed and operated for public convenience, universal accessibility, public safety, and for consistency with rural road standards and desired aesthetic character.

Pollution of air, streams, wetlands, ponds, lakes, soils and groundwater supplies is avoided to the maximum extent practicable or mitigated.

Development will be compatible with its surroundings and in keeping with the character of the Town of Minden.

There is consistency with commercial design standards as required by the Town of Minden Zoning Law, if any, and if applicable.

The location, arrangement, size, design and general siting are compatible with buildings, lighting and signs, including compatibility with setbacks and build-to lines of surrounding structures.

Glare and light pollution that may be associated with new development and the degree to which these negative impacts are minimized or eliminated.

There is consistency with the Town of Minden Highway Specifications and adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.

Adequacy of location, arrangement, appearance and sufficiency of off-street parking, screening and loading.

Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience. The Planning Board may require a traffic study. All entrance and exit driveways shall be reviewed and approved by the appropriate state, county, or local agencies or departments prior to the granting of site plan approval.

Adequacy of stormwater and drainage facilities. Minimize grading, cut and fill, and retain, to the maximum extent practicable, the natural contours and features of the land. All grading, erosion, and stormwater requirements of the New York State Department of Environmental Conservation for stormwater pollution prevention plans shall be met. The development should cause the least disturbance to natural infiltration of water to the groundwater table as possible.

Adequacy of water supply and sewage disposal facilities including adequacy of control measures to prevent ground water or surface water contamination. The proposed use will not result in reductions in groundwater levels or changes in groundwater quality that limit the ability of a groundwater user to withdraw groundwater.

Adequacy, type and arrangement of trees, shrubs and other landscaping. The Planning Board may require use of a visual and/or noise buffer between the land of the applicant and adjoining lands, including the maximum retention of existing vegetation on applicant's property.

Adequacy of utilities. Newly installed utility service systems and service revisions shall be installed underground. When feasible, existing aboveground utility service systems shall be placed underground.

Adequacy of site accessibility, fire lanes and other emergency zones and the provision of fire hydrants. All buildings shall be accessible to emergency vehicles. If the Planning Board deems it necessary, it shall refer the application to the applicable emergency services providers and to the engineer retained by the Planning Board for comment on the proposed access arrangements.

Adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion. These shall be reviewed and approved by an engineer and reviewed by the Planning Board.

Relationship of buildings and site to adjoining areas. Site plans involving nonresidential uses proposed adjacent to a residential district or residential uses shall be reviewed with regard to minimizing the impact of the commercial development on such district or use.

Individual buildings shall relate to each other, and to traditional structures in the surrounding area, in lot placement, scale, height, build-to lines, and connections to harmonize visually and physically with the traditional character of the area.

The Planning Board shall evaluate the impact to, and compatibility of, these design features with existing neighborhoods. Treatment of the roof, sides and rear of all buildings shall be comparable in amenity and appearance to the treatment given to street frontages of these same buildings. When commercial projects involve the renovation/reuse of an existing building, the traditional character and architectural elements shall be maintained as may be required by the Planning Board.

Compatibility with active agricultural activities. The Planning Board shall ensure that there are no negative impacts to further operation of farms or agricultural activities adjacent to or near the proposed development. The significance, location and type of agricultural activities that may be impacted by the proposed development shall be identified and impacts mitigated to the maximum extent practical.

§ 90-26 Consultant review.

In its review, the Planning Board may consult with the Town Code Enforcement Officer, Fire Commissioners, Highway Superintendent and other local and county officials, and its private consultants, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation, the State Department of Environmental Conservation and the State Department of Health. If a consultant is retained by the Planning Board, the developer shall agree to pay his/her fees. An estimate of his/her fees shall be provided at the beginning of the project. The developer will be required to pay 1/3 at this time, another 1/3 at the time of the public hearing and a final 1/3 before a decision is rendered by the Planning Board.

§ 90-27 Additional requirements.

The Planning Board may require such additional provisions and conditions that appear necessary for advancement of the public environment. Such shall be included, but shall not be limited to, the following:

Reimbursable costs. Costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in the Town of Minden Schedule of Fees for site plan review.

Performance guaranty. No certificate of occupancy shall be issued until all improvements shown on the final site plan are installed or a performance guaranty, a letter of credit or certificate of deposit has been posted for improvements not yet completed. Other requirements relating to performance guaranties may be established from time to time by the Town Board. The amount and sufficiency of such performance guaranty shall be established by the Planning Board after consultation with the Building Inspector, attorney(s) for the Town and the Planning Board's designated consultants, or other competent persons.

Inspection of improvements. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Town's private consultants, as may be appropriate on multifamily residential, commercial and industrial projects.

§ 90-28 Appeals.

Any person or persons jointly or severally aggrieved by any decision of the Planning Board concerning review of a site plan may bring a proceeding to review in a manner provided by Article 78 of the Civil Practice Laws and Rules in a court of record.

§ 90-29 Special use permits.

Purpose. Special uses are considered permitted uses and are allowed, but only upon the issuance of a "special use permit" subject to conditions that are designed to protect surrounding properties and the neighborhood from the negative impacts of that permitted use. Because of their characteristics, or the unique characteristics of the area in which they are to be located, special uses require different consideration by the Planning Board so that they may be properly located with respect to the objectives of the law and their effect on surrounding properties.

Authorization to grant or deny special uses. The Town Board authorizes the Planning Board to grant or deny special uses in accordance with the requirements set forth in this section. No special use listed in this chapter may be permitted, enlarged or altered unless approved by the Planning Board.

Application for special use. Any application for a special use permit shall be made in writing. The application and required information shall be received at least 15 days prior to the date of the next regular meeting of the Planning Board. Seven copies of the application and required information as set forth below shall be submitted.

The application must include an environmental assessment form (EAF) and all necessary documentation to comply with State Environmental Quality Review Act (SEQRA). No application shall be deemed complete until a determination of no significance has been made, or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.

Site plan required. A site plan application and any required information from the Town of Minden site plan section shall accompany the special use permit application. Upon request by the applicant, the Planning Board may waive the submission of information that is deemed to be unnecessary and not required in making its decision on the special use permit application. The Planning Board shall review site plans and special use permit applications at the same time.

Fees. Fees for the special use permit application shall be in accordance with any fees established by the Town of Minden. All application fees are in addition to any required escrow fees.

Expenses. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of SEQRA. The Board may require assistance in this review in the form of professional review of the application by a designated private planner, engineer, attorney, or other type of consultant. In that case, or if the Board incurs other extraordinary expense in order to properly to review documents or conduct special studies in connection with the proposed application, the reasonable costs incurred by the Planning Board for private consultation fees, fees for technical and engineering services, legal fees, or other expenses in connection with the review of a special use permit application, special use permit expansion application, or special use permit renewal application, shall be charged to the applicant. The Planning Board shall make a reasonable estimate of the amount of expenses that it expects to incur during the course of each application for a special use permit, special use expansion or special use permit renewal. The amount so determined by the Planning Board shall be deposited by the applicant in escrow with the Town Clerk prior to the Planning Board's commencing any review of the application. If the amount so deposited is exhausted or diminished to the point that the Planning Board determines that the remaining amount will not be sufficient to complete the review of the application, then the Planning Board shall notify the applicant of the additional amount that must be deposited with the Town Clerk. If the applicant fails to replenish the escrow account or there are unpaid amounts for which the applicant is responsible pursuant to this provision, the Planning Board, in its discretion, may cease review of the application until such amounts are paid or deny the application. In no event, however, shall any special use permit, special use expansion or special use permit renewal be approved until such sums have been paid in full.

Procedures.

Public hearing required. Within 62 days of receipt of a complete application, the Planning Board shall hold a public hearing. Notice of the public hearing shall be published in the official newspaper at least 10 days prior to the date set for public hearing. In addition, not less than 10 days before the date of the hearing (not counting the date of the hearing), written notice of the public hearing shall be mailed to the owners of all property abutting the exterior boundaries of the land involved in the application, and to all other landowners having property located within 500 feet of the exterior boundaries of the land involved in the application at the mailing addresses for those owners as shown on the last completed assessment roll of the Town. The notice shall include the name of the project, the location of the project site, a brief description of the project, and the date, place, time and subject of the public hearing at which the site plan will be reviewed. If an application for special use permit approval contains an agricultural data statement, written notice of such application, including a description of the proposed project and its location, shall be mailed to the owners of land as identified by the applicant in the agricultural data statement.

Site plan review. All requirements and procedures of the site plan section of this chapter as may be amended from time to time shall be met. The Planning Board shall conduct site plan and special use permit reviews simultaneously.

Notice to applicant and Montgomery County Planning Board.

At least 10 days before such hearing, the Planning Board shall mail such notices thereof to the applicant and the Montgomery County Planning Board as required by § 239-m of the General Municipal Law. The Montgomery County Planning Board shall have 30 days to review the full statement of the proposed action.

SEQRA. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. An application shall not be deemed complete until a negative declaration has been adopted, or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.

(5)

Decisions.

Time of decision. The Planning Board shall decide upon the special use permit application within 62 days after the close of the public hearing, subject to compliance with the requirements of SEQRA and the General Municipal Law §§ 239-1 and 239-m. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

Type of decision. In rendering its decision, the Planning Board shall approve, disapprove or approve with modifications and conditions the special use permit application. In authorizing the issuance of a special use permit, the Planning Board has the authority to impose such reasonable conditions and restrictions as are directly related to, and incidental to, the proposed special use.

Filing. The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant.

Once a special use permit has been granted, it shall run with the land and apply to the approved use, as well as to any subsequent use of the property in the same use category, provided that such use has no greater impact on adjoining properties, complies with all terms and conditions of the special use permit, and does not involve new construction, enlargement, exterior alteration of existing structures, increased parking, or other changed use of outdoor areas.

(6)

Other agency review.

In its review, the Planning Board may consult with professionals such as but not limited to an engineer, attorney, surveyor, or planner and other Town and county officials and board, 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. All fees related to consultation with professionals shall be borne by the applicant as per above.

The Planning Board shall require proof that all permits required by other agencies have been applied-for prior to final approval.

(7)

Expiration of special use permit. A special use permit shall become void one year after approval if there has been no construction or a lapse in construction of more than one year. The Planning Board may extend the period one time for a period of no more than six months. If a special use permit is deemed void, the use reverts back to uses as allowed by this chapter.

(8)

Renewal of permit. The Planning Board, as a condition of approval, may require that special use permits be renewed periodically. Thirty days prior to the expiration of a special use permit, the applicant shall apply to the Code Enforcement Officer for renewal of the special use permit. The Code Enforcement Officer shall inspect premises, verify that conditions of the permit have been met, and renew the permit for a time equal to the original special use permit. Where the Code Enforcement Officer determines that the applicant has not complied with the special use permit, permit renewal shall require Planning Board approval.

(9)

Area variance. Application for an area variance related to any special use permit proposal may be made directly to the Zoning Board of Appeals without the necessity of a decision or determination of the Code Enforcement Officer. All use variance applications to the Zoning Board of Appeals shall be made only after denial of a permit by the Code Enforcement Officer.

(10)

Existing violation. No special use permit shall be issued for a property in violation of this chapter unless the granting of a special use permit and site plan approval will result in the correction of the violation.

(11)

Deemed to be conforming. Any use for which a special use permit may be granted shall be deemed a conforming use in the district in which the use is located, provided that the special use permit shall affect only the lot, or portion thereof, which is the subject of the special use permit application.

(12)

Expansion of special use. The expansion of any special use shall require amendment and approval of the special use permit by the Planning Board in accordance with the procedures set forth in this chapter. For purposes of this section, expansion shall be interpreted to mean an increase in the floor or lot area allocated to the special use, an increase in development coverage, increased hours of operation, or an increase in the intensity of the use, e.g., an increase in traffic or need for on-site parking.

Factors for consideration. In authorizing the issuance of a special use permit, the Planning Board shall take into consideration the public health, safety, and welfare and shall prescribe appropriate conditions and safeguards to ensure accomplishment of the following objectives:

Compatibility of the proposed use with adjoining properties, and with the natural, cultural, historical and built environment in the area.

Adequacy of parking for the proposed use and use of shared parking where feasible.

Accessibility to fire, police, and emergency vehicles.