In accordance with the district Schedule of Use Regulations,[1] prior to the issuance of a building permit or certificate
of occupancy in any district, the Code Enforcement Officer shall require
the preparation of a site plan. The Code Enforcement Officer 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 standards and procedures set forth in this section. Site plan
approval is also required for all uses subject to a special use permit.
[1]
Editor's Note: The Schedule of Use Regulations is included
as an attachment to this chapter.
A.
A sketch plan conference between the Planning Board and the applicant
shall be held at the earliest phase of the project to discuss the
applicability of the site plan review and approval procedure to the
intended development for which the building permit or certificate
of occupancy or use is sought.
B.
The Planning Board shall make its determination based upon review
of the project's scope and the basic land use and site design
concept, as shown by a sketch plan drawn to scale and accompanying
statements provided by the applicant and describing, at a reasonable
level of detail, what is proposed.
C.
At the sketch plan conference, the Planning Board shall, with the
advice of its professional planning consultant, take one of three
actions:
(1)
Determine that the project is limited in scope, with compatible land
use, site and building design characteristics, thus requiring no further
review under this section, 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, wherein no substantial site improvements
are either required or proposed.
(2)
Determine that the project does require full review under this section, based upon the project's scope and/or land use, site and building design characteristics, and advise the applicant of site plan submission requirements in accordance with § 120-47.
(3)
Require additional sketch plan information prior to making a determination
regarding the applicability of the site plan review and approval procedure.
D.
In order to assist the Planning Board in its determination, the applicant
shall submit, as may be applicable, the further data discussed below,
during the sketch plan discussion:
An application for site plan approval shall be made, in writing,
to the Planning Board at least 10 days in advance of the regular meeting
and shall be accompanied by 13 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 licensed engineer,
architect, landscape architect and/or land surveyor:
A.
Site plan checklist.
(1)
The title of the drawing, including the name and address of the applicant
and person(s) responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Accurate boundaries of the property plotted to scale.
(4)
Existing watercourses, wetlands, water bodies, and floodplains.
(5)
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
where general site grades exceed 5% or where there may be susceptibility
to erosion, flooding or ponding.
(6)
The location, proposed use and height of all buildings.
(7)
The location, design, landscaping, lighting, and construction materials
of all parking and truck loading areas, with access and egress drives
thereto.
(8)
Provision for pedestrian access.
(9)
The location of outdoor storage equipment and materials, if any.
(10)
The location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
(11)
A description of the method of sewage disposal and the location,
design and construction materials of such facilities.
(12)
A description of the method of securing water supply and the
location, design and construction materials of such facilities.
(13)
The location of fire and other emergency zones, including the
location of the nearest water supply for fire emergencies.
(14)
The location, design and construction materials of all energy
distribution facilities, including electrical, gas and solar energy.
(15)
The location, size, lighting, design and construction materials
of all proposed signage.
(16)
The location of proposed development of all buffer zones, including
an indication of existing vegetative cover.
(17)
The location and design of outdoor lighting facilities, including
data regarding, when appropriate, lighting levels, both within the
site and at the site's boundaries.
(18)
A designation of the amount of building area proposed for retail
sales, office use or similar commercial activity.
(19)
A general landscaping plan and planting schedule.
(20)
A traffic study for commercial uses and major subdivisions having
access to state highways in the Town of Stockport when proposed traffic
levels will be increased by more than 100 cars per day.
(21)
An Erosion and Sediment Control Plan (E&SC) and/or Stormwater Pollution Prevention Plan (SWPPP) as may be required by § 120-36A.
(22)
Building design as may be required by Article IIIA.
(23)
Other elements integral to the proposed development, as considered
necessary by the Planning Board, including the identification of any
state or county permits required for the project's execution.
B.
Required fee. An application for site plan review and approval shall
be accompanied by the applicable fee in accordance with the fee schedule
established and annually reviewed by the Town Board.
The Planning Board's review of a site plan shall include,
as appropriate, but is not limited to, the following:
A.
General considerations.
(1)
Consistency with the adopted Comprehensive Plan of the Town of Stockport.
(2)
The development shall minimize degradation of unique land types and
minimize adverse impact upon sensitive areas such as streams, wetlands,
steep slopes, highly erodible soils, areas with a high water table,
mature stands of vegetation and extraordinary wildlife nesting, feeding
or breeding habitat.
(3)
The landscape shall be preserved in its natural state, insofar as
practicable and environmentally desirable, by minimizing tree and
soil removal. If development of the site necessitates the removal
of established trees, special attention shall be given to the planting
of replacements or to other landscape treatment. Any grade changes
shall be in keeping with the general appearance of neighboring developed
areas.
(4)
Relation of proposed structures to environment. Proposed structures
shall be related harmoniously to themselves, the terrain and to existing
buildings and roads in the vicinity that have a visual relationship
to the proposed structures.
(5)
Proposed structures shall be so sited as to minimize any adverse
impact upon the surrounding area, and particularly upon any nearby
residences, by reason of:
(6)
The adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers,
structures and traffic controls.
(7)
The adequacy and arrangement of pedestrian traffic access and circulation,
walkways, control of intersections with vehicular traffic and overall
pedestrian convenience.
(8)
The location, arrangement, appearance and sufficiency of off-street
parking and loading.
(9)
The location, arrangement, size, design and general site compatibility
of principal and accessory structures, lighting and signage.
(10)
The adequacy of stormwater and drainage facilities. The peak
rate of surface water flowing off-site shall not increase above predevelopment
conditions and shall not adversely affect drainage on adjacent properties
or public roads.
(11)
The adequacy of water supply and sewage disposal facilities.
(12)
The 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.
(13)
In the case of an apartment complex or other multiple dwelling,
the adequacy of usable open space of play areas and informal recreation.
(14)
Protection of adjacent or neighboring properties against noise,
glare, unsightliness or other objectionable features.
(15)
The adequacy of fire lanes and other emergency zones and water
supply for fire emergencies.
(16)
Special attention to the adequacy of structures, roadways and
landscaping in areas with susceptibility to ponding, flooding and/or
erosion.
(17)
Compatibility of building design with existing characteristics
of the neighborhood.
(18)
Architectural design shall be in keeping with the small-town
architectural character of Stockport. In general, the design shall
avoid flat roofs, large expanses of undifferentiated facades, and
long plain wall sections.
(19)
Trademarked architecture which identifies a specific company
by building design features shall be prohibited, unless the applicant
can demonstrate that the design is compatible with the architecture
and character of Stockport. The applicant may use the results of the
Community Image Preference Survey in assisting them with an acceptable
design.
(20)
Impacts on historic and cultural resources shall be minimized.
(21)
Landscaping shall be an integral part of the entire project
area, and shall buffer the site from and/or integrate the site with
the surrounding area, as appropriate. Primary landscape treatment
shall consist of shrubs, ground cover and shade trees. Landscape plants
selected shall be native to the region and appropriate to the growing
conditions of the Town's environment.
(22)
If deemed appropriate for the site by the Planning Board, shade
trees at least six feet tall and with a two-inch caliper shall be
planted and maintained at thirty-foot to forty-foot intervals along
roads.
(23)
Vehicular and pedestrian connections between adjacent sites
shall be provided to encourage pedestrian use and to minimize traffic
entering existing roads. The Planning Board shall require traffic
access management techniques including, but not limited to the construction
of connected parking lots, service roads, alleys, footpaths, bike
paths and new public streets to connect adjoining properties where
appropriate, but especially along major highways of Route 9 and 9J.
(24)
For any site plan containing residential units, the Planning
Board may require the reservation of parkland or payment of a recreation
fee pursuant to Town Law, § 274-a(6).
B.
Consultant review. In its review, the Planning Board may consult
with the Town Code Enforcement Officer, Superintendent of Highways,
other local and county officials and its designated private consultants,
in addition to representatives of state agencies, including, but not
limited to, the State Department of Transportation and the State 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 62 days of the receipt of the application and
shall be advertised in a newspaper of general circulation in the Town
at least five 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 Columbia
County Planning Board for advisory review and a report in accordance
with §§ 239-1 and 239-m of the General Municipal Law
at least 10 days before a hearing, if scheduled. In the event a public
hearing is not required, the proposed action shall be referred before
any final action is taken.
E.
SEQRA. Prior to taking action on the site plan, the Planning Boards
shall comply with the provisions of the State Environmental Quality
Review Act under Article 8 of the Environmental Conservation Law and
its implementing regulations.
F.
Compliance with Agriculture and Markets Law Article 25-AA, § 305-a.
(1)
Agricultural data statement; submission, evaluation. Any application
for a site plan review that would occur on property within an agricultural
district containing a farm operation or on property with boundaries
within 500 feet of a farm operation located in an agricultural district
shall include an agricultural data statement. The Planning Board shall
evaluate and consider the agricultural data statement in its review
of the possible impacts of the proposed project upon the functioning
of farm operations within such agricultural district.
(2)
Agricultural data statement; notice provision. Upon the receipt of
such application by the Planning Board, the Clerk of such board shall
mail written notice of such application to the owners of land as identified
by the applicant in the agricultural data statement. Such notice shall
include a description of the proposed project and its location, and
may be sent in conjunction with any other notice required by state
or local law, ordinance, rule or regulation for said project. The
cost of mailing said notice shall be borne by the applicant.
(3)
Agricultural data statement; content. An agricultural data statement
shall include the following information: 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 land contains farm operations and is located within
500 feet of the boundary of the 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.
Within 62 days of the receipt of an application for site plan
approval or within 62 days of the conduct of a public hearing, in
the event that a hearing is required, the Planning Board shall act
on the site plan application. The time which the Planning Board must
render its decision may be extended by mutual consent of the applicant
and the Planning Board. All motions and resolutions of the Planning
Board shall require the affirmative vote of a majority of all Planning
Board members for adoption. Where an action is the subject of a referral
to the county planning agency, the voting provisions of §§ 239-m
and 239-n of the General Municipal Law shall apply.
A.
Public hearing. A public hearing shall be held and the Planning Board
shall mail a notice of the hearing to the applicant at least 10 days
before the hearing and shall give public notice in a newspaper of
general circulation in the Town at least five days prior to the date
of the hearing.
B.
Action by resolution.
(1)
The Planning Board shall act by resolution to either approve or 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 five business 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)
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed site plan. Upon its approval of said site plan, any
such conditions must be met in connection with the issuance of permits
by the Code Enforcement Officer.
(3)
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.
C.
Submission requirements for stamping. After receiving site plan approval,
with or without modifications, from the Planning Board, the applicant
shall, within six 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
of the work, a detailed site improvements cost estimate.
D.
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 Code Enforcement Officer and the applicant. The Code
Enforcement Officer may then issue a building permit or certificate
of occupancy if the project conforms to all other applicable requirements.
Reasonable costs incurred by the Planning Board for private consultation fees in connection with the review of a proposed site plan shall be charged to the applicant pursuant to Chapter 64 of the Stockport Town Code. Such reimbursable costs shall be in addition to the fee required in § 120-47B herein. All fees associated with any required inspections during construction shall also be charged to the applicant pursuant to Chapter 64 of the Stockport Town Code and shall be in addition to the fee required in § 120-47B herein.
A.
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.
B.
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 Code Enforcement Officer, other local officials
or its designated private consultants.
The Code Enforcement Officer shall be responsible for the overall inspection of site improvements as per Chapter 57, Building Construction and Fire Prevention, Article I, Administration and Enforcement, including coordination with the Town's private consultants and other local officials and agencies, as may be appropriate on multifamily residential, institutional, commercial and industrial projects.
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this chapter, the requirements of Chapter 105, Subdivision of Land, 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 section 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 Law and
Rules 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 days after the filing of
the Board's decision in the office of the Town Clerk.
