[Amended 2-13-2025 by L.L. No. 1-2025]
In accordance with Article III, § 164-8, District Schedule of Use Regulations, prior to the issuance of a building permit or certificate of occupancy for a change of use in any district, except for a one-family dwelling and related accessory uses, including accessory dwelling units, permitted home occupations or agricultural and conservation uses permitted by right, the Building Inspector shall require the preparation and approval of a site plan. The Building Inspector shall refer the applicant to the Planning Board for site plan review and approval in accordance with § 274-a of the Town Law and the more specific design standards and review procedures set forth in this article.
A. 
A sketch plan conference between the Planning Board and applicant shall be held to initially review the basic site design concept and generally determine the extent of site plan review necessary for the intended project and the information to be required on the site plan and in accompanying reports. At the sketch plan conference, the applicant should provide a written statement and/or rough sketch describing what is proposed, including indication of all existing structures and uses, if any, on the site. The applicant should also provide an area map keyed to the real property Tax Maps, showing the parcel under consideration for site plan review, and all properties, structures, subdivisions, streets and easements within 200 feet of the boundaries thereof.
B. 
At the sketch plan conference, the Planning Board shall take one of three actions:
(1) 
Administratively determine that the project is limited in scope, with compatible land use, site and building design characteristics, thus requiring no further review under this article, with such determination restricted to applications including the establishment of permitted uses within existing complying structures or the limited modification of existing conforming uses and complying structures, as determined by the Building Inspector, wherein no substantial site improvements are either required or proposed.
(2) 
Administratively determine that the project does require full review under this article, based upon the project's scope and/or land use, site and building design characteristics, and advise the applicant of the site plan submission requirements in accordance with the site plan checklist set forth in § 164-32.
(3) 
Require additional sketch plan information prior to making a determination regarding the applicability of the site plan review and approval procedure.
Within three calendar months of the sketch plan conference, a complete application for site plan approval shall be made in writing to the Planning Board and shall be accompanied by not less than six prints of a site plan which includes information drawn from the following checklist of items, as determined necessary by the Planning Board at the time of the sketch plan conference, and which is provided on a drawing certified by a registered landscape architect and other licensed design professionals as may be necessary to comply with the professional licensing regulations administered by the New York State Education Department:
A. 
Site plan checklist. The site plan checklist shall include:
(1) 
Title of the drawing, including the name and address of the applicant and person(s) responsible for the preparation of such drawing.
(2) 
North arrow, scale and date.
(3) 
An area map keyed to the real property tax maps, showing the parcel under consideration for site plan review, and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
(4) 
Accurate boundaries of the property plotted to scale, including reference to specific data source.
(5) 
Existing watercourses, wetlands and floodplains, including reference to specific data source.
(6) 
Grading and drainage plan, showing existing and proposed contours at an appropriate interval, to be specified by the Planning Board at the sketch plan conference, with two-foot contour intervals and soils data generally required on that portion of any site proposed for development or where general site grades exceed 5% or where there may be susceptibility to erosion, flooding or ponding.
(7) 
Location, proposed use and height of all buildings, both existing and proposed.
(8) 
Location, design and construction materials of all parking and truck-loading areas, including their access and egress drives and clear indication of all traffic patterns on the site.
(9) 
Provision for pedestrian access.
(10) 
Location of outdoor storage for equipment and materials, if any.
(11) 
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(12) 
Description of the method of sewage disposal and the location, design and construction materials of such facilities.
(13) 
Description of the method of securing water supply and the location, design and construction materials of such facilities.
(14) 
Location of fire and other emergency zones, including the location of fire hydrants or of the nearest alternative water supply for fire emergencies.
(15) 
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(16) 
Location, size and design and construction materials of all proposed signage, including associated lighting, if any.
(17) 
Location and proposed development of all buffer areas, including indication of both existing vegetative cover and that portion that will be preserved.
(18) 
Location and design of outdoor lighting facilities, including data regarding, when appropriate, lighting levels, both within the site and at the site's boundaries, if adjacent to residential development.
(19) 
Designation of the amount of building area proposed for retail sales, office use or similar commercial activity.
(20) 
Detailed landscaping plan and planting schedule, including the number, size, type and location of all canopy trees or understory trees, shrubs and ground cover to be planted.
(21) 
Building elevations and sections at a scale sufficient to delineate clearly the massing and the exterior materials, textures and colors of all buildings and other structures shown on the site plan.
(22) 
Other elements integral to the proposed development as considered necessary by the Planning Board and as may be reasonably related to the requirements of this article and § 274-a of the Town Law, including the identification of any state or county permits required for the project's execution.
B. 
Required fee. A complete application for site plan review and approval shall be accompanied by the applicable fee and escrow deposit in accordance with the fee schedule established and annually reviewed by the Town Board.
C. 
Environmental assessment form. A complete application for site plan review and approval shall also be accompanied by a short or full environmental assessment form (EAF) as required by SEQRA, Article 8 of the Environmental Conservation Law and Title 6, Part 617, NYCRR.
The Planning Board's review of a site plan shall include, as appropriate, but is not limited to the following:
A. 
General considerations:
(1) 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, channelization structures and other traffic controls.
(2) 
Adequacy and arrangement of pedestrian traffic access and circulation, walkways, control of intersections with vehicular traffic and overall pedestrian convenience.
(3) 
Location, arrangement, appearance and sufficiency of off-street parking and loading facilities.
(4) 
Location, arrangement, size, design and general site compatibility of principal and accessory buildings, lighting and signage.
(5) 
Adequacy of stormwater and drainage facilities.
(6) 
Adequacy of water supply and sewage disposal facilities.
(7) 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(8) 
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space of play areas and informal recreation.
(9) 
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(10) 
Adequacy of fire lanes and other emergency zones and water supply for fire emergencies.
(11) 
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion or in the vicinity of wetlands or similar natural features.
(12) 
Compatibility of building design with existing characteristics of the neighborhood.
B. 
Consultant review. In its review, the Planning Board may consult with the Town Building Inspector, Superintendent of Highways, the Conservation Advisory Council, other local and county officials, and its designated private planning and engineering consultants, in addition to representatives of state agencies, including but not limited to the State Department of Transportation, the State Health Department and the Department of Environmental Conservation.
C. 
Public hearing. The Planning Board shall conduct a public hearing on the application for site plan approval. The public hearing shall be conducted within 45 calendar days of the receipt of the complete application and shall be advertised in the official newspaper of the Town at least five calendar days before the public hearing.
D. 
Required referral. Prior to taking action on the site plan, the Planning Board shall refer the site plan, when applicable, to the Dutchess County Department of Planning for advisory review and a report in accordance with §§ 239-l and 239-m of the General Municipal Law.
Within 45 days of the conduct of a public hearing, the Planning Board shall act on the site plan application.
A. 
Action by resolution.
(1) 
The Planning Board shall act by resolution to either approve, disapprove or approve with modifications the site plan application. A copy of the resolution shall be filed in the Town Clerk's office and mailed to the applicant within 10 calendar days of the Planning Board's action. A resolution of either approval or approval with modifications shall include authorization to the Planning Board Chairman to stamp and sign the site plan upon the applicant's compliance with the submission requirements stated herein.
(2) 
If the Planning Board's resolution includes a requirement that modifications be incorporated in the site plan, conformance with said modifications shall be considered a condition of approval. If the site plan is disapproved, the Planning Board's resolution shall state specific reasons for such decision. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
B. 
Submission requirements for stamping. After receiving site plan approval, with or without modifications, from the Planning Board, the applicant shall, within six calendar months, submit six prints and one reproducible Mylar of the site plan to the Planning Board for stamping and signature by the Chairman. The site plan submitted for stamping shall conform strictly to the site plan approved by the Planning Board, except that it shall further incorporate any revisions or other modifications required by the Planning Board and shall be accompanied by the following additional information:
(1) 
Record of application for and approval status of all necessary permits from federal, state and county officials.
(2) 
Detailed sizing and final material specification of all required improvements.
(3) 
An estimated project construction schedule and, if a performance guaranty is to be provided by the applicant for all or some portion or the work, a detailed site improvements cost estimate.
C. 
Effect of stamping by Planning Board. Upon stamping and signature by the Chairman, the Planning Board shall forward a copy of the approved site plan to the Building Inspector and the applicant. The Building Inspector may then issue a building permit or certificate of occupancy if the project conforms to all other applicable requirements.
D. 
Expiration of approval.
(1) 
Planning Board approval of a site plan shall expire if either of the following circumstances occurs:
(a) 
The site plan is not submitted for stamping and signature by the Chairman within six calendar months of the Planning Board's resolution of site plan approval, with or without modifications.
(b) 
A complete application for either a building permit or certificate of occupancy is not submitted to the Building Inspector within six calendar months of the stamping and signing of the site plan by the Chairman.
(2) 
Upon prior written request to the Planning Board, the time period for either submission of the site plan or submission of the complete application for a building permit or certificate of occupancy may be extended for a maximum period of six calendar months from its otherwise specified termination date.
[Amended 8-10-2006 by L.L. No. 2-2006]
The reasonable costs incurred by the Town Board, Planning Board or Zoning Board of Appeals for professional consultation fees may be charged to the applicant before such Board. See Town Code Chapter 90, Fees, Article I, Professional Consultant Expenses.
No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. Such performance guaranty shall be posted in accordance with the procedures specified within § 277 of the Town Law relating to subdivisions. The amount and sufficiency of such performance guaranty shall be determined by the Planning Board after consultation with the Town Attorney, the designated Town Engineer, other local officials or the Planning Board's designated private consultants.
The Building Inspector shall be responsible for the overall inspection of site improvements, including coordination with the designated Town Engineer and other local officials and agencies, as may be appropriate, on multifamily residential, institutional, commercial and light manufacturing projects. Reasonable expenses incurred by the Town for inspections by the designated Town Engineer or other appropriate professionals shall, in addition to costs associated with site plan review, be reimbursed to the Town by the applicant in accordance with the fee schedule established and annually reviewed by the Town Board.
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this chapter, such as special permit review and approval, the requirements of the Town Land Subdivision Regulations or the requirements of the State Environmental Quality Review Act, the Planning Board may integrate, if it deems appropriate and to the extent of its authority under law, site plan review as required by this section with the procedural and/or submission requirements for such other compliance. Such integration of procedures may require, upon mutual written consent of the Planning Board and the applicant, reasonable modification of the time schedules otherwise stated in this article or in said related regulations or requirements.
Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a site plan approval application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Laws and Regulations of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 calendar days after the filing of the Board's decision in the office of the Town Clerk.