The Town of Rochester Planning Board is authorized, in accordance
with §§ 274-a and 274-b of the New York State Town
Law, to review and approve, approve with modifications or disapprove
special uses and site plans connected therewith. Site plan review
shall be required for all special use permits and such other uses
as the Town Board may from time to time designate by local law. The
Planning Board shall review all applications for special use and site
plan with regard to the standards and regulations of this code and
any applicable local, county, state, or federal standards or regulations.
The following procedures shall apply.
An applicant for a special use permit or site plan review may
submit a sketch plan for review and advice by the Planning Board.
The Planning Board may also require the submission of such a sketch
plan or alternate sketch plans depicting different development concepts
for a property. Such a sketch plan should provide locations and dimensions
of the proposed use in relation to the property boundaries and adjacent
uses. It should also indicate all accesses and improvements both existing
and proposed and any site features or known environmental constraints
that could have a bearing on the project including the general topography
and existing ground cover. Aerial photography may also be required.
Should such sketch plan involve one-time additions of less than 10%
and 200 square feet in floor area or accessory uses or structures,
the Building Department may review and approve the site plan on its
own during the building permit process. If these thresholds are exceeded,
however, the sketch plan shall be referred to the Planning Board.
If referred to the Planning Board, this sketch plan shall be used
by the Board as a basis for advising the applicant regarding information
it shall require on the site plan before it conducts a public hearing
or takes any action with respect to the plan. The Planning Board shall
give no approval or disapproval regarding any sketch plan but may
use it to schedule a public hearing if sufficient data is available,
determine if any provisions of this article should be waived or begin
its review of the application under the New York State Environmental
Quality Review Act (SEQRA).
The Planning Board shall be under no obligation to schedule
a public hearing or take any action with respect to a special use
or site plan review permit application until formal application has
been made on forms provided by the Board and a detailed site plan
providing the following information has been submitted:
A.
The location of all existing watercourses, wooded areas, rights-of-way,
roads, structures or any other significant man-made or natural feature,
if such feature has an effect upon the use of said property, including,
where practical, significant features within 200 feet of the property.
B.
The site plan shall include all known natural resource restrictions,
floodplains, wetlands, ecologically sensitive areas, etc., extending
beyond the project boundaries a distance of 200 feet. Air photos showing
existing conditions shall be provided (may be obtained free of charge
online from several sources).
C.
The location, use and floor or ground area of each proposed building,
structure or any other land use, including stormwater management,
sewage disposal and water supply systems.
D.
The location of all significant landscaping and ground cover features,
both existing and proposed, including detailed planting plans and
a visual depiction or rendering of the final appearance of the property
after all landscaping and other physical improvements are completed.
E.
The location, dimensions and capacity of any proposed roads, off-street
parking areas or loading berths, including typical cross-sections
for all paving or regrading involved.
F.
The location and treatment of proposed entrances and exits to public
rights-of-way, including traffic signals, channelizations, acceleration
and deceleration lanes, widenings or any other measure having an impact
on traffic safety conditions.
G.
The location and identification of proposed open spaces, parks or
other recreation areas.
H.
The location and design of buffer areas and screening devices to
be maintained.
I.
The location of trails, walkways and all other areas proposed to
be devoted to pedestrian use.
J.
The location of public and private utilities, including maintenance
facilities.
K.
The specific locations of all signs existing and proposed, including
a visual depiction of the latter.
L.
Preliminary architectural plans for the proposed buildings or structures,
indicating typical floor plans, elevations, height and general design
or architectural styling. Lighting plans and details shall also be
required.
M.
A completed SEQRA environmental assessment form.
N.
Topography of the site using two-foot contour intervals unless otherwise
specified by the Planning Board, along with detailed grading plans,
and stormwater pollution prevention plans as required herein, where
significant land disturbance is proposed. A survey map and/or grading
plan may be required to accurately depict property lines, easements
and grade changes where determined necessary by the Planning Board.
O.
A map and report detailing the proposed conveyance, storage, distribution,
generation, use, treatment or disposal of any stormwater and sewage
including an estimate of the total daily flows. An application for
any proposed use with projected on-site sewage disposal flows averaging
2,000 gallons or more per day during any single thirty-day period
shall include a hydrogeological report prepared by a qualified hydrogeologist
or engineer.
P.
A written description of the project including all of the activities
proposed on the site, number of employees if relevant, how the project
meets the zoning requirements, particularly design guidelines, landscaping
requirements and storage of hazardous materials.
Q.
The stormwater pollution prevention plan (SWPPP) if required. GPS
(global positioning system) reference data for stormwater outfalls
and permanent structures built in accordance with New York State Stormwater
Management Design Manual shall be required on all site plans.
R.
An agricultural data statement, if applicable.
S.
The location of historic properties or districts within 500 feet
of the site.
T.
Wetlands as mapped by the New York State Department of Environmental
Conservation and the Army Corps of Engineers, including any soils
identified as hydric.
U.
Site plans shall be overlaid on an aerial photo base map.
V.
The site plan shall contain blank approval blocks for the Town Planning
Board stamp and signatures on every sheet of the set of plans.
W.
Any other information required by the Planning Board that is clearly
necessary to ascertain compliance with the provisions of this chapter
(e.g., site plan review or special use checklists) and limited to
such information.
The Town of Rochester Planning Board shall, pursuant to § 274-a(5)
of the Town Law, have the right to waive, when reasonable, upon written
request of the applicant, any of the procedural or submittal requirements
of this article for the approval, approval with modifications or disapproval
of special use permits and site plans submitted for approval. Such
waiver and the reasons therefor shall be recorded in the minutes of
the Planning Board. This waiver authority may be exercised in the
event any such requirements are found not to be requisite in the interest
of the public health, safety, or general welfare or are not applicable
to a particular site plan. Any such waiver shall be subject to the
following conditions:
A.
No waiver shall result in allowing a use not permitted within the
applicable zoning district.
B.
No waiver shall be given with respect to standards outside the scope
of this article which would otherwise require a variance from the
Zoning Board of Appeals, except in the case of the adaptive reuse
of a building or structure.
C.
Waivers shall be limited to those situations where the full application
of the requirements contained herein would generate unnecessary data
with regard to deciding the matter at hand, due to the scope or nature
of the project involved. The proposed enclosure of a deck or a simple
change of use with no significant structural modifications in the
case of a commercial property, for example, might not require typical
cross-sections for proposed regrading or water supply data.
D.
An applicant for site plan approval who desires to seek a waiver
of certain of the above-referenced requirements pertaining to such
applications shall submit a preliminary site plan as provided above.
The Planning Board shall review the preliminary site plan, advise
the applicant as to potential problems and concerns and determine
if any additional site plan information is required. The Planning
Board shall consider such site plan as adequate when, in its judgment,
the information submitted is sufficient to make a determination of
compliance with the development standards contained herein and the
intent of site plan review criteria found below.
E.
The Town of Rochester Planning Board, following a public hearing
in conjunction with other matters before the Board, shall be permitted
to modify the standards of this chapter to the extent of 10% of the
stated criteria where the circumstances otherwise meet the tests for
an area variance as set forth herein. Such modifications shall also
be permitted for the purposes of increasing the efficiency with which
buildings and their sites use and harvest energy, water, and materials;
and reducing building impacts on human health and the environment,
through better siting, design, construction, operation, maintenance
and removal during the complete building life cycle; otherwise known
as energy efficient building.
F.
Nothing herein shall authorize the Planning Board to waive State
Environmental Quality Review requirements.
The Planning Board shall fix a time, within 62 days from the
day the Board deems complete an application for a special use permit
or site plan approval is made, for the hearing of any matter referred
to under this section. For the purposes of this Code, an application
shall be deemed complete either upon specific resolution and majority
affirmative vote or upon the scheduling of a public hearing. The deeming
of an application as complete shall not preclude the Planning Board
from requiring additional studies or information. It shall give public
notice of such hearing at least five days prior to it in a newspaper
of general circulation in the Town and decide upon the application
within 62 days after the close of such hearing. Notices of major hearings
shall be provided using the same notice used in the public advertisement,
to all property owners within 500 feet of the parcel boundary as identified
in the latest tax assessment records of the Town of Rochester, including
those for properties on the opposite side of any public or private
road. Such notice shall be given by the Town at the expense of the
applicant by regular mail postmarked at least seven calendar days
in advance of such hearing. Such notice shall explain the approval
requested and the rights of all landowners to both subdivide land
and offer public input on applications. The Planning Board shall be
authorized to waive this requirement where it is determined by the
Board that adjoiners have otherwise been afforded reasonable notice
of such hearing as evidenced by their appearance at or knowledge of
such hearing. No hearing shall be delayed where the Board determines
the Town has made reasonable attempts to notify all interested parties
as provided herein. It shall not, however, grant approval before a
decision has been made with respect to environmental impacts pursuant
to SEQRA. The decision of the Planning Board shall be filed in the
office of the Town Clerk and a copy thereof mailed to the applicant
within five business days after such decision is rendered.
The Planning Board shall be authorized, in conjunction with
any site plan review, to require the modification of said site plan
to protect the health, safety and welfare of the public and secure
harmonious development that protects the character of the neighborhood.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related and incidental
to the proposed special use permit or site plan. Upon approval of
said permit and/or plan, any such conditions shall be met prior to
the actual issuance of permits by the Town. These conditions may include
requirements of the applicant to provide parkland or to provide fees
in lieu thereof pursuant to § 274-a(6) of the New York State
Town Law for new lots and residential units of any kind.
The Planning Board is authorized to refer special use permit
applications and site plans to other agencies, groups or professionals
employed or used by the Town for review and comment and to charge
the applicant reimbursement fees for any reasonable expenses connected
therewith. The Board shall, in particular, ensure that the requirements
of § 239-m of the General Municipal Law regarding review
by the Ulster County Planning Department are met. It shall also comply
with all requirements of the New York State Environmental Quality
Review Act.
Any person aggrieved by any decision of the Planning Board or
any officer, department, board or bureau of the town may apply to
the Supreme Court for review by a proceeding under Article 78 of the
Civil Practice Law and Rules.
A.
The site plan and/or special use permit as approved by the Planning
Board shall be binding upon the applicant. Any changes from the approved
plan, except as provided herein, shall require resubmission and reapproval
by the Planning Board.
B.
The site plan shall remain effective, as an authorization to establish
the use, for a maximum of one year from the date of approval unless
the Planning Board shall have granted an extension in writing and
provided the applicant has diligently pursued the implementation of
the plans. Absent such an extension, the special use shall be deemed
to have expired.
C.
A special use which has been discontinued for a period of two or
more years shall also be deemed to have lapsed without hearing or
notice.
The Planning Board may require, at the time it is initially
granted, that any special use approval be renewed periodically. Such
renewal shall be granted upon written application by the holder of
the permit and following public notice and hearing. Such renewal may
only be withheld upon a determination that the conditions attached
to any previous approval have not been met. A period of 62 days shall
be granted the applicant in such cases to make remedies and bring
the use into full compliance with the terms of the special use approval.
Should the applicant fail to make such remedies, the special use approval
shall be revoked by the Planning Board and the use immediately discontinued.
The Planning Board, in reviewing the site plan, shall consider
its conformity to the Town of Rochester Comprehensive Plan and the
various other plans, laws and ordinances of the Town, Ulster County,
and New York State. Conservation features, aesthetics, landscaping
and impact on surrounding development as well as on the entire Town
shall be part of the Planning Board review. Traffic flow, circulation
and parking shall be reviewed to ensure the safety of the public and
of the users of the facility and to ensure that there is no unreasonable
interference with traffic on surrounding streets.
The Planning Board, in acting upon the special use, shall also
be approving, approving with modifications or disapproving the site
plan application connected therewith, taking into consideration not
only the criteria contained above but also the following special use
criteria:
A.
Whether the proposed use will have a detrimental or positive impact
on adjacent properties or the health, safety and welfare of the residents
of the Town of Rochester.
B.
If the proposed use is one judged to present detrimental impacts,
whether an approval could be conditioned in such a manner as to eliminate
or substantially reduce those impacts.
C.
Whether the use will have a positive or negative effect on the environment,
job creation, the economy, housing availability or open space preservation.
D.
Whether the granting of an approval will cause an economic burden
on community facilities or services, including but not limited to
highways, sewage treatment facilities, water supplies and firefighting
capabilities. The applicant shall be responsible for providing such
improvements or additional services as may be required to adequately
serve the proposed use and any approval shall be so conditioned. The
Town shall be authorized to demand fees in support of such services
where they cannot be directly provided by the applicant. This shall
specifically apply to, but not be limited to, additional fees to support
fire-district expenses.
E.
Whether the site plan indicates the property will be developed and
improved in a way which is consistent with that character which this
chapter and the Town's Comprehensive Plan are intended to produce
or protect, including appropriate landscaping and attention to aesthetics
and natural feature preservation.
A.
Supersession of statutory provisions. This section shall, pursuant
to the supersession authority granted by the Municipal Home Rule Law,
supersede, in its application to the Town of Rochester, the provisions
of §§ 274-a, 276 and 277 of the Town Law of the State
of New York relating to the limitation upon the authority of a town
to require the posting of a performance bond or other form of security
in connection with the approval of a land subdivision plat, to extend
such authority to Planning Board approvals of commercial and residential
site plans in accordance with the provisions of § 274-a
of the Town Law.
B.
Legislative intent. In order to ensure that once a project has been
started it shall not be abandoned, partially completed or left in
a state which will cause erosion of the soil, improper drainage or
any other condition which will result in the deterioration or devaluation
of the surrounding land or neighborhood, and in order to ensure that
while under construction, the workmanship and materials used shall
promote the long life of the project and the health, safety and welfare
of the future users of the subject premises and surrounding areas,
the Town Board of the Town of Rochester has determined it to be a
proper exercise of authority conferred upon it by the laws of the
State of New York to require the posting of adequate security for
the performance of necessary site improvements contemplated in connection
with a residential or commercial site development.
C.
Procedure.
(1)
Prior to or contemporaneously with the grant of final site plan approval for a particular project, the Planning Board, in considering the recommendation of the engineering authorities available to it, shall establish the amount of performance security to cover the full cost of the required site improvements as shown on such final site plan as enumerated in Subsection D hereof. The Planning Board shall make a referral of the matter regarding the establishment of the amount of performance security of a particular project to the Town Board, which referral shall include its recommendation as to the amount of such performance security. The performance security shall become effective only if and when the Town Board shall have approved it as to form, sufficiency of surety and manner of execution.
(2)
The performance security shall be in the amount approved by the Town
Board in the form of a performance bond issued by a surety company
licensed in the State of New York; a letter of credit issued by a
federally or state-chartered financial institution; or a savings passbook,
money market account or certificate of deposit naming the Town of
Rochester as joint tenant.
(3)
Such performance security, if in the form of a performance bond or
letter of credit, shall run for a term to be fixed by the Planning
Board, but in no event for a term longer than three years; provided,
however, that the term of such security may be extended by the Planning
Board with the consent of the parties thereto. In the event such security
is in the form of a letter of credit, such a letter of credit shall
contain a provision requiring automatic renewal thereof unless, not
less than 30 days prior to its expiration, the Town of Rochester is
given written notice of the issuing institution's intention not to
renew such letter of credit.
(4)
The performance security in the full amount established by the Town
Board shall be posted with the Town Clerk upon grant of final site
plan approval. No building permits shall be issued for and no site
preparation work shall be commenced on the subject premises unless
and until the necessary performance security has been posted.
(5)
A duly designated official of the Town shall inspect the improvements
during construction to assure their satisfactory completion. An inspection
fee of 5% of the performance bond amount shall be posted by the applicant,
to cover the cost of required inspections.
(6)
During the course of construction, the performance security may be
reduced, in the sole discretion of the Town Board upon the recommendation
of the Planning Board, to an amount certified by the Town Engineer
or the Town's consulting engineer to be the probable cost of completion
of the remainder of the required site improvements, but in no event
shall such amount be reduced to less than 50% of the original amount
of the performance security.
(7)
The performance security shall be released or reduced only by the
Town Board and only upon recommendation of the Planning Board after
certification by the Town Engineer or the Town's consulting engineer
that all or part of the required site improvements have been completed
in conformance with the approved final site plan and all applicable
regulation.
D.
Site improvements subject to bonding. The following items are considered
essential to the principles stated above and shall be included in
the amount of the performance security to be set:
(1)
Site grading, including replacement of topsoil and seeding, and including
necessary structural features such as retaining walls and ground cover.
(2)
Drainage, including waterways, conduits and all necessary appurtenances
and structures.
(3)
Water and sewer systems, including all wells, conduits, structures
and appurtenances as may be required by those government agencies
having final jurisdiction for approval of those system.
(4)
Foundation course, pavement, curbs and sidewalks for all roads, drives,
parking areas and walkways.
(5)
Lighting, including all necessary wiring, structures and appurtenances.
(6)
Landscaping, including all shrubs, trees and screening as may be
required to ensure that the final site condition meets with the planning
and zoning concepts expressed in the Comprehensive Plan of the Town
of Rochester and this chapter, as well as all drainage and soil erosion
measures required to protect the site.
(7)
The Planning Board shall have the discretion to require only a restoration
bond be posted, should it be deemed sufficient to protect the Town's
interests. In the event a restoration bond is posted, the inspection
fee to be deposited by the applicant shall be 5% of the full performance
bond amount otherwise required by this section.
E.
Phased projects. In the event that a particular site plan is to be
constructed in sections or phases, the Planning Board, in its sole
discretion, taking into consideration the importance of the entirety
of the site improvements on the section or phase to be constructed,
may recommend to the Town Board that the performance security be posted
for only so much of the project as is going to be constructed in a
particular phase or section; provided, however, that no building permits
shall be issued for and site work shall be conducted on any future
phase or section unless and until the required performance security
is established for such future phase or section and properly posted
in accordance with the provisions of this section.
F.
Default. In the event any required site improvements have not been
installed as provided in this section within the term of the performance
security, the Town Board shall thereupon declare said performance
security to be in default and collect the sum remaining payable thereunder,
and, upon receipt of the proceeds thereof, the Town shall install
such improvements as are covered by such security and are commensurate
with the extent of building development that has taken place on the
site. In the event no building has taken place but site preparation
has taken place, the proceeds of the security shall be used, to the
extent practicable, to restore the site to its original state and
avoid erosion and adverse drainage conditions.
