A.
The Town of Vernon, New York incorporates this site
plan review process as a tool for the Zoning Board of Appeals to review
commercial, industrial, institutional and multifamily residential
uses in all zoning districts. For the purposes of this Part 7, “multifamily
residential” shall mean a building containing three or more
attached dwelling units. The intent of this Part 7 is to allow for
the Town Zoning Board of Appeals to have power of discretion in reviewing
commercial, industrial, institutional and multifamily residential
site plans pertaining to project design and landscaping requirements.
B.
As an integral component of site plan review, the
Town Board of Vernon has determined that poor quality of design and
poor location of buildings and structures (including signs and accessory
buildings) adversely affect the desirability of the immediate neighborhood
and impair the benefits, stability and value of improved and unimproved
property in such areas.
C.
Therefore, it is the intent of this Part 7 to grant
to the Zoning Board of Appeals the review discretion necessary to
avoid such conditions and to ensure that the location and design of
buildings, structures and open spaces in the Town aid in creating
a balanced and harmonious composition of the whole as well as the
relationship of its parts. As such, all applications requiring site
plan review will be subject to a general architectural review and
will be evaluated with respect to the context of, and compatibility
with, their surrounding environs.
A.
The Town of Vernon Zoning Board of Appeals, appointed
by the Town Board, is duly authorized to perform general architectural
reviews as an integral component of the Town's site plan review procedure
under the provisions of this Part 7.
B.
The Zoning Board of Appeals is charged with the duty
of maintaining the desirable character of the Town and of disapproving
the construction, reconstruction and alteration of buildings subject
to site plan review that are designed without consideration of the
harmonious relation of the new or altered building to such buildings
as already exist and the environs in which they are set.
C.
The Zoning Board of Appeals is charged with the duty
of exercising sound judgment and of rejecting plans which, it its
opinion, based upon study and advice of the Town Engineer, Town Attorney
or an architectural/historic preservation consultant, are not of harmonious
character because of proposed style, materials, mass, line, detail
or placement upon the property or in relation to the spaces between
buildings or the natural character of the landscape or because the
plans do not provide for the location and design of structures and
open spaces so as to create a balanced and harmonious composition
as a whole and in relation to its several parts and features to each
other.
The site plan review process has three primary
steps as follows:
A.
General provisions.
(1)
Prior to the issuance of a building permit for any
site plan review uses, the Town Board shall refer the application
and all application materials as specified herein to the Zoning Board
of Appeals for its review and approval in accordance with the provisions
set forth in this Part 7. In cases where land use and/or area density
is at issue, or where specific cases of hardship or improper classification
are evident, the Zoning Board of Appeals shall notify the Town Board
and shall refer the application to the Zoning Board of Appeals for
an opinion and recommendation prior to granting preliminary site plan
approval. If an application for a variance of land use or area is
made to the Zoning Board of Appeals prior to the application for site
plan review, the Zoning Board of Appeals shall notify the Town Board
and the Zoning Board of Appeals of the action and opinion prior to
the granting of preliminary site plan approval.
(2)
Within 62 days of the receipt of a preliminary site
plan and all information necessary to constitute a fully complete
application, the Zoning Board of Appeals shall inform the applicant,
in writing, of its decision. An application shall be considered complete
when the applicant has submitted all information necessary to make
a determination of significance under the New York State Environmental
Quality Review Act.
(3)
If the Zoning Board of Appeals determines that the
site plan or building style does not meet the standards of the Town,
the applicant may request an extension of the sixty-two-day period.
B.
Concept review. A meeting shall be held between the
Zoning Board of Appeals and applicant to review the basic site and
architectural design concept and generally determine the information
to be required on the preliminary site plan. The applicant should
provide the data discussed below in addition to a statement or rough
sketch describing the proposal. The Zoning Board of Appeals shall
issue written comments as the result of this meeting. The applicant
shall provide the following information:
(1)
An area map showing the parcel under consideration
for site plan review, and all properties, subdivisions, streets and
easements within 500 feet of the boundaries thereof.
(2)
A map of site topography at no more than five-foot
contour intervals. If general site grades exceed 5% or portions of
the site have bedrock outcrop or the susceptibility to erosion, flooding
or ponding, a soils overlay and a topographic map showing contour
intervals of not more than two feet of elevation should also be provided.
(3)
The owner, the architect, or other agent of the owner
shall submit preliminary plans, elevations, sketches and/or proposals
to the Zoning Board of Appeals for consultation concerning preferred
architectural aesthetics prior to filing an application for a building
permit or an application for site plan review.
C.
Application for preliminary site plan approval.
(1)
Fees and costs.
(a)
An administrative fee of $50 shall accompany
an application for preliminary site plan review and approval. No further
fee is required at the final site plan stage.
(b)
The applicant shall pay anticipated costs that
the Zoning Board of Appeals expects to incur due to consulting services
or other review costs, and a minimum amount of $1,000 shall be placed
in an escrow account. Any unspent funds shall be returned to the applicant
within five days of Zoning Board of Appeals action on the final site
plan. If the Town's costs to review the project exceed the amount
placed in the escrow account, the developer will be asked to pay those
costs to the Town prior to issuance of any permits for project development.
The costs will be based upon an explanation for the additional review
requirements and will be entered in the public record.
(2)
An application for architectural review and preliminary
site plan approval shall be made in writing to the Zoning Officer
and shall be accompanied by information drawn from the following checklist,
as determined necessary by the Zoning Board of Appeals at the Concept
Review meeting.
(3)
Preliminary site plan submission requirements:
(a)
Title of drawing, including name and address
of applicant and person responsible for preparation of such drawing;
(b)
North arrow, scale and date;
(c)
Boundaries of the property plotted to scale;
(d)
Name and address of all adjoining property owners;
(e)
Existing watercourses and drainageways;
(f)
Grading and drainage plan, showing existing
and proposed contours;
(g)
Location, proposed use and height of all buildings;
(h)
Location, design and construction materials
of all parking and truck loading areas, showing access and egress;
(i)
Provision for pedestrian circulation access
and handicapped access;
(j)
Location of outdoor storage, and method of screening
if any;
(k)
Location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls, fences, and signs;
(l)
Location, design and general construction materials
of all existing or proposed buildings, structures and accessory structures,
including elevations of the building(s) illustrating all views fronting
public streets, and/or three-dimensional renderings necessary to illustrate
the size, shape and form of all sides of the building(s);
(m)
Description of the method of sewage disposal
and location, design and construction materials of such facilities;
(n)
Description of the method of securing public
water and location, design and construction materials of such facilities;
(o)
Location of fire and other emergency zones,
including the location of fire hydrants and fire lanes;
(p)
Location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy;
(q)
Location, size and design and construction materials
of all proposed signs;
(r)
Location and proposed development of all buffer
areas, including existing vegetative cover;
(s)
Location and design of outdoor lighting facilities
and light emissions to 25 feet within adjoining property;
(t)
Designation of the amount of building area proposed
for retail sales or similar commercial activity;
(u)
General landscaping plan and planting schedule;
(v)
Other elements integral to the proposed development
as considered necessary by the Zoning Board of Appeals, including
identification of any state or county permits required for the project's
execution;
(w)
Agricultural data statement if located within
500 feet of an agricultural district (forms can be obtained at the
Oneida County Planning Department or from the Town Clerk);
(x)
Archeological survey as required by the New
York State Historic Preservation Office (SHPO), if any; and
(y)
Completed environmental assessment form (EAF)
in compliance with the New York State Environmental Quality Review
Act (SEQR).
D.
Review criteria. The following criteria for the Zoning
Board of Appeals review may include, but shall not be limited to,
the following:
(1)
Adequacy and arrangement of vehicular traffic egress/ingress
and circulation, including intersections, road widths, pavement surfaces,
dividers and traffic controls.
(2)
Adequacy, arrangement of pedestrian, ADA-compliant
traffic access, and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Location, arrangement, size, design, architectural
style and general site compatibility of buildings, lighting and signs.
(5)
Relationship of proposed architectural styles and
materials within the context of the community, surrounding neighborhood
or compatibility with adjacent environs.
(6)
Adequacy of stormwater and drainage facilities.
(7)
Adequacy of water supply for drinking and fire protection
purposes and sewage disposal facilities.
(8)
Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or noise buffer between
the applicant's and adjoining lands, including the maximum retention
of existing vegetation.
(9)
In the case of an apartment complex or other multiple
dwelling, the adequacy of usable open space for play areas and informal
recreation.
(10)
Protection of adjacent or neighboring properties
against noise, glare, unsightliness or other objectionable features.
(11)
Adequacy of fire lanes, other emergency zones,
and the provision of fire hydrants.
(12)
Special attention to the adequacy of structures,
roadways, and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(13)
Relationship to active agricultural land and
fallow land to ensure that the conversion of agricultural land to
nonagricultural uses is minimized and to ensure that all potential
conflicts with agricultural operations are minimized.
E.
Consultant review. The Zoning Board of Appeals may
consult with the Town Engineer, an engineer appointed by the Town
Board, Town Building Inspector, Fire Commissioners, Conservation Council,
Commissioner of Public Works, other local and county officials, and
its designated private consultant, in addition to representatives
of federal and state agencies, including but not limited to the Soil
Conservation Service, the State Department of Transportation and the
State Department of Environmental Conservation.
F.
Public hearing. The Zoning Board of Appeals shall
conduct a public hearing on the preliminary site plan. Such public
hearing shall be conducted within 62 days of the receipt of the complete
application for preliminary site plan approval and shall be advertised
in a newspaper of general circulation in the Town at least five days
before the public hearing.
A.
The proposed development in question may be subject
to the provisions of the State Environmental Quality Review Act (SEQR).
First, the Zoning Board of Appeals should identify the type of action
the proposed development is according to the SEQR. Depending on the
size, location, and other factors, it may be a Type I or an unlisted
action. To make a decision, the Zoning Board of Appeals should consult
Part 617 of Article 8 of the Environmental Conservation Law (New York).
The Zoning Board of Appeals should also review the environmental assessment
form (EAF) submitted as part of the application and consider compliance
with current planning activities and plans. The action type and related
procedure will dictate the next steps, if any, to be taken to comply
with the SEQR regulations.
B.
If it is determined that an environmental impact statement
will be prepared for the proposal in question, all time frames and
deadlines are delayed until a draft environmental impact statement
is filed. The application is not complete, and therefore the review
clock does not start, until a determination of no significance has
been made or until a draft environmental impact statement has been
completed and submitted to the Zoning Board of Appeals. When the draft
environmental impact statement is completed, the period for Zoning
Board of Appeals review begins (62 days). If another agency has determined
that the proposal in question may have a significant effect on the
environment, the Zoning Board of Appeals shall not issue a decision
until a final environmental impact statement has been filed.
C.
When compliance with SEQR is complete, the Zoning
Board of Appeals shall act on the application within 62 days. If no
decision is made within said sixty-two-day period, the preliminary
site plan shall be considered approved. The Zoning Board of Appeals's
action shall be in the form of a written statement to the applicant
stating whether the preliminary site plan is approved, disapproved
or approved with modifications. The Zoning Board of Appeals's statement
may include recommendations of desirable modifications to be incorporated
in the final site plan, and conformance with said modifications shall
be considered a condition of approval. If the preliminary site plan
is disapproved, the Zoning Board of Appeals's statement will contain
the reasons for such findings. In such a case, the Zoning Board of
Appeals may recommend further study of the site plan and resubmission
to the Zoning Board of Appeals after it has been revised or redesigned.
A.
After receiving approval, with or without modifications,
from the Zoning Board of Appeals on a preliminary site plan, the applicant
shall submit a final, detailed site plan to the Zoning Board of Appeals
for approval. If more than six months have elapsed since the time
of the Zoning Board of Appeals's action on the preliminary site plan
and if the Zoning Board of Appeals finds that conditions have changed
significantly in the interim, the Zoning Board of Appeals may require
a resubmission of the preliminary site plan for further review and
possible revision prior to accepting the proposed final site plan
for review.
B.
The final site plan shall conform substantially to
the approved preliminary site plan. It should incorporate any modifications
that may have been recommended by the Zoning Board of Appeals in its
preliminary review, including consensus regarding recommended architectural
style. All such compliances shall be clearly indicated by the applicant
on the appropriate submission.
C.
The following additional information shall accompany
an application for final site plan approval:
D.
Required referral. Prior to taking action on the final
site development plan, the Zoning Board of Appeals shall refer the
plan to the County Planning Department for advisory review and a report
in accordance with § 239 of the General Municipal Law, where
the proposed action is within a distance of 500 feet from the boundary
of a farm operation located in an agricultural district, any city,
village, or town, or from the boundary of any existing or proposed
county or state park or other recreation area, or from the right-of-way
of any existing or proposed county or state parkway, thruway, expressway,
road or highway, or from the existing or proposed right-of-way of
any stream or drainage channel owned by the county or for which the
county has established channel lines, or from the existing or proposed
boundary of any county- or state-owned land on which a public building
or institution is situated.
E.
Zoning Board of Appeals action on final detailed site
plan. No final site plan approval shall be granted on any application
that has been referred to the Zoning Board of Appeals unless the Zoning
Board of Appeals has recommended approval of the architectural style,
the plans have been amended to incorporate any conditions of approval
imposed by the Zoning Board of Appeals or the Zoning Board of Appeals
approves the site plan by a vote of a majority plus one of its members.
(1)
Within 62 days of receipt of the application for final
site plan approval, the Zoning Board of Appeals shall render a decision
to Town Board. If no decision is made within the sixty-two-day period,
the final site plan shall be considered approved. Conditional approval
shall not be granted based on engineering issues necessary to accomplish
site development.
(2)
No conditional approvals will be granted for any engineering
issue requiring further review by the Town Engineer or reviewing engineer
appointed by the Vernon Town Board.
The site plan review process shall apply to
all uses, whether designated "permitted" or otherwise, in those portions
of all zoning districts located within the Town except the following:
one-family dwelling, two-family dwelling, farm. Such uses shall be
termed "site plan review uses."
This Part 7 shall take effect 10 days after publication pursuant to § 133 of the Town Law.
