A.
The Town of Wawayanda 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.
B.
Site plan review shall be required for all special use permits, new nonresidential uses, nonagricultural changes of use, additions or alterations to above-stated uses and such other uses as the Town Board may from time to time designate by local law, unless specifically exempt by § 195-4.
C.
The following procedures shall apply.
An applicant for a special use permit may submit a preliminary
site plan for review and advice by the Planning Board. Such a preliminary
site 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 which could have a bearing on the project, including
the general topography and existing ground cover. This preliminary
plan shall be used by the Planning 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 preliminary site 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 (SEQR).[1]
The Planning Board shall be under no obligation to schedule
a public hearing or take any action with respect to a special use
permit application until a complete 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.
B.
The location, use and floor or ground area of each proposed building,
structure or any other land use, including sewage disposal and water
supply systems.
C.
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.
D.
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.
E.
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.
F.
The location and identification of proposed open spaces, parks or
other recreation areas.
G.
The location and design of buffer areas and screening devices to
be maintained.
H.
The location of trails, walkways and all other areas proposed to
be devoted to pedestrian use.
I.
The location of public and private utilities, including maintenance
facilities.
J.
The specific locations of all signs existing and proposed, including
a visual depiction of the latter.
K.
Preliminary architectural plans for the proposed buildings or structures,
indicating typical floor plans, elevations, height and general design
or architectural styling.
L.
A completed SEQR environmental assessment.
M.
Any other information required by the Planning Board which is clearly
necessary to ascertain compliance with the provisions of this chapter
and limited to such information.
N.
Stormwater pollution prevention plan. A stormwater pollution prevention
plan consistent with the requirements of the Town Code of the Town
of Wawayanda. The SWPPP shall meet the performance and design criteria
and standards contained in the applicable chapters or sections of
the Town Code of the Town of Wawayanda. The site plan shall not be
approved unless it is determined to be consistent with the provisions
of the applicable chapters or sections of the Code of the Town of
Wawayanda dealing with stormwater pollution prevention plans.
O.
If an
applicant has not advanced its site plan application before the Planning
Board for a period of 12 months, or provided an update on a pending
application to the satisfaction of the Planning Board within a period
of 12 months, such application shall be deemed abandoned and shall
be closed by the Planning Board. In such event, if the applicant chooses
to proceed with the proposed project review, the applicant shall be
required to submit a new application, including a full application
fee.
[Added 5-11-2022 by L.L. No. 2-2022]
(1)
Any
applicant seeking to extend its application past such twelve-month
period must make a written request to the Planning Board at least
60 days prior to the expiration of the twelve-month period. Such request
shall include a statement regarding the status of the application
and the reason for the requested extension. The Planning Board shall
approve the extension only upon a finding that the reason for the
extension is acceptable to the Board in its discretion.
(2)
If
such extension is granted, the applicant shall be required to pay
an additional fee to the Town. Such fee shall be established by resolution
of the Town Board from time to time.
(3)
If
the application was referred to the Planning Board in relation to
a violation notice or enforcement action, the applicant shall be required
to pay a further additional fee for any extension granted by the Planning
Board, in addition to the other fees set forth herein. Such fee shall
be set by resolution of the Town Board from time to time.
(4)
This Subsection O shall not apply to any applicant whose application is lawfully and properly awaiting approval from an outside agency. If an applicant is lawfully and properly awaiting approval from an outside agency, the applicant shall be permitted to provide updates by mail or paper submission to the Planning Board.
P.
If at
any time the ownership of a parcel changes during the pendency of
an application in a manner that would change the applicant, the application
shall be modified to properly identify the new applicant.
[Added 5-11-2022 by L.L. No. 2-2022]
The Town of Wawayanda Planning Board shall, pursuant to § 274-a(5)
of the Town Law, have the right to waive, when reasonable, any of
the requirements of this article for the approval, approval with modifications,
or disapproval of special use permits and site plans submitted for
approval. 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 inappropriate
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.
C.
Waivers shall be limited to those situations where the full application
of the requirements contained herein would generate unnecessary data
and create unnecessary costs 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.
Nothing herein shall authorize the Planning Board to waive state
environmental quality review requirements.
[Amended 3-4-2021 by L.L. No. 2-2021]
The Planning Board shall fix a time, within 62 days from the
day an application for a special use permit or site plan approval
is determined to be complete by the Planning Board, for the hearing
of any matter referred to under this section. The Planning Board shall
give public notice of such hearing at least five days prior to the
hearing in a newspaper of general circulation in the Town. The applicant
shall cause the public hearing notice to be delivered via certified
mail, return receipt requested, to all record owners of property within
500 feet of the property boundaries. Copies of the certified mail
receipts and return receipts shall be delivered to the Planning Board
at the commencement of the public hearing. The record owners for the
certified mailing shall be obtained from the latest Town of Wawayanda
tax rolls. The Planning Board shall decide upon the application within
62 days after the closing of the public hearing. It shall not, however,
grant approval before a determination 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 have the authority to impose such reasonable
conditions and restrictions as are directly related to 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.
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 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 Orange 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.
[Amended 11-4-2010 by L.L. No. 2-2010]
The site plan as approved by the Planning Board shall be binding upon the applicant. Any changes from the approved plan shall require resubmission and reapproval by the Planning Board. The site plan shall remain effective, as an authorization to establish the use, for a maximum of five years from the date of approval unless the Planning Board has granted extensions in writing pursuant to § 195-78K or a building permit has been obtained. Absent such extensions, or issuance of a building permit, the site plan use shall be deemed to have expired.
The Planning Board may require, at the time it is initially
granted, that any special use approval be renewed periodically. A
special use which has been discontinued for a period of two or more
years shall also be deemed to have lapsed. Such renewal shall be granted
following public notice and hearing and may be withheld only 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 and
the use immediately discontinued.
The Planning Board, in reviewing the site plan, shall consider
its conformity to the Town of Wawayanda Comprehensive Plan and the
various other plans, laws and ordinances of the Town. Conservation
features, aesthetics, landscaping and impact on surrounding development
as well as on the entire Town shall also be part of the Planning Board
review. The Board, in acting upon the site plan, shall also be approving,
approving with modifications, or disapproving the special use permit
application connected therewith. 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 Board shall further consider
the following:
A.
Building design and location. Building design and location should
be suitable for the use intended and compatible with natural and man-made
surroundings. New buildings, for example, should generally be placed
along the edges and not in the middle of open fields. They should
also be sited so as to not protrude above treetops or the ridgelines
of hills seen from public places and busy highways. Building color,
materials and design should be adapted to surroundings as opposed
to adaptation of the site to the building or the building to an arbitrary
national franchise concept.
B.
Large commercial buildings. Commercial facades of more than 100 feet
in length should incorporate recesses and projections, such as windows,
awnings and arcades, along 20% of the facade length. Variations in
rooflines should be added to reduce the massive scale of these structures
and add interest. All facades of such a building that are visible
from adjoining streets or properties should exhibit features comparable
in character to the front so as to better integrate with the community.
Where such facades face adjacent residential uses, earthen berms planted
with evergreen trees should be provided. Loading docks and accessory
facilities should be incorporated in the building design and screened
with materials comparable in quality to the principal structure. Sidewalks
should be provided along the full length of any facade with a customer
entrance and integrated into a system of internal landscape-defined
pedestrian walkways breaking up all parking areas.
C.
Lighting and signage. Improvements made to the property should not
detract from the character of the neighborhood by producing excessive
lighting or unnecessary sign proliferation. Recessed lighting and
landscaped ground signs are preferred.
D.
Parking and accessory buildings. Parking areas should generally be
placed in the rear or side whenever possible and provide for connections
with adjoining lots. Accessory buildings should also be located in
the rear with access from rear alleys. If placement in the rear is
not possible, parking lots should be located to the side with screening
from the street.
E.
Drainage systems. Storm drainage, flooding and erosion and sedimentation
controls should be employed to prevent injury to persons, water damage
to property and siltation to streams and other water bodies.
F.
Driveway and road construction. Whenever feasible, existing roads
onto or across properties should be retained and reused instead of
building new, so as to maximize the use of present features such as
stone walls and tree borders and avoid unnecessary destruction of
landscape and tree canopy. Developers building new driveways or roads
through wooded areas should reduce removal of tree canopy by restricting
clearing and pavement width to the minimum required for safely accommodating
anticipated traffic flows.
G.
Construction on slopes. The crossing of steep slopes with roads and
driveways should be minimized and building which does take place on
slopes should be multistoried with entrances at different levels as
opposed to regrading the site flat.
H.
Tree borders. New driveways onto principal thoroughfares should be
minimized for both traffic safety and aesthetic purposes, and interior
access drives which preserve tree borders along highways should be
used as an alternative. Developers who preserve tree borders should
be permitted to recover density on the interior of their property
through use of clustering.
I.
Development at intersections. Building sites at prominent intersections
of new developments should be reserved for equally prominent buildings
or features which will appropriately terminate the street vistas.
All street corners should be defined with buildings, trees or sidewalks.
J.
Streets and sidewalks. Cul-de-sac and dead-end streets should be
discouraged in favor of roads and drives which connect to existing
streets on both ends. Streets within residentially developed areas
should be accompanied by on-street parking and a sidewalk on at least
one side of the street. Sidewalks should also be provided in connection
with new commercial development adjacent to residential areas, and
pedestrian access should be encouraged.
K.
Setbacks. New buildings on a street should conform to the dominant
setback line and be aligned parallel to the street so as to create
a defined edge to the public space.
L.
Adjacent properties. The proposed use should not have a detrimental
impact on adjacent properties or the health, safety and welfare of
the residents of the Town of Wawayanda.
M.
Conditioned approval. If the proposed use is one judged to present
detrimental impacts with respect to noise, lighting, surface runoff,
emissions or other similar factors, the Planning Board shall determine
whether an approval could be conditioned in such a manner as to eliminate
or substantially reduce those impacts.
N.
Community impacts. The Planning Board shall consider whether the
use will have a positive or negative effect on the environment, job
creation, the economy, housing availability or open space preservation.
The granting of an approval should not cause an undue economic burden
on community facilities or services, including but not limited to
highways, sewage treatment facilities, water supplies and fire-fighting
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, but not be limited to, additional fees to support
fire district expenses.
O.
Hamlet areas. The hamlet areas of Wawayanda, specifically Ridgebury,
Slate Hill and old New Hampton, are important and integral parts of
the Town's culture and heritage. The hamlets represent historic, compact,
developed areas within the largely rural regions of the Town. The
character and quality of Wawayanda would be permanently diminished
if these small settlements were to disappear from the landscape. New
development should be integrated into the hamlet centers in such a
way that it improves upon the positive aesthetic aspects of the hamlet
centers and ensures that these centers will be preserved. New buildings
and additions to existing buildings should blend into the existing
hamlet landscape to the maximum extent practical. In considering an
application for a special use within the Town's commercial and hamlet
districts, the Planning Board shall consider the following:
(1)
The architectural style of buildings (particularly where there are
structures of historic or architectural significance within view of
the site).
(2)
A building's scale, proportion and massing. Scale deals with the
relationship of each building to other buildings in the area. Proportion
deals with the relationship of height to the width of the building
and with the relationship of each part to the whole. Massing deals
with the volume created by sections of a building.
(3)
Rhythm of openings. The rhythm of openings refers to the number and
spacings of windows and doors in a facade.
(4)
Building materials and architectural details. The use of similar
materials and textures will help a new building or restoration fit
into the existing neighborhood.
(5)
Exterior lighting (including the number, height and design of the
lighting fixtures and the amount of light).
(6)
Fences and walls, landscaping and paving materials to be used on
the site.
(7)
Lot coverage. The maximum percent of lot to be occupied in hamlet
areas may be increased by 10%, provided that the additional coverage
shall not be allowed in any required front yard.
(8)
The mix of uses. No residential uses shall be located on a floor
below a nonresidential use, and residential uses shall have separate
access from the nonresidential uses.
(9)
New construction. New construction shall be permitted, provided that
it has sensitively maintained the existing character of adjacent and
surrounding historic structures. This may be exhibited through architectural
style and character, arrangement, texture, materials, details and
ornamentation and the overall bulk and massing proposed.
(10)
Parking. Off-street parking shall be wholly provided in the
rear and/or one side yard, behind the front building line, and shall
be screened from adjoining properties in accordance with the landscaping
provisions hereof.
