Upon receipt of an application for site plan
review, a sketch plan conference shall be held between the Planning
Board and the applicant to review the basic site design concept and
generally determine the information to be required on the preliminary
site plan. At the sketch plan conference, the applicant shall provide
the data discussed below, in addition to a statement or rough sketch
describing what is proposed.
A. An area map showing the parcel under consideration
for site plan review and all properties, subdivisions, streets and
easements within 200 feet of the boundaries thereof.
B. A map of site topography at no more than ten-foot
contour intervals. Where required by the Town Engineer or Stormwater
Management Officer, a topographical map showing contour intervals
of not more than two feet of elevation shall also be provided.
[Amended 12-17-2007 by L.L. No. 13-2007]
C. For any soil disturbance activity not otherwise requiring
site plan approval, a stormwater management and erosion control plan,
together with an estimate of the cost thereof for the Planning Board
to establish the amount of the soil disturbance security (bond, client
fund account or letter of credit).
(1) It shall be the responsibility of the Planning Board and the Stormwater Management Officer to determine the suitability of stormwater management and erosion control measures proposed for each individual site. Due to the uniqueness of each site, definitive measures will be approved for each application. (See also Chapter
86, Article
II, §
86-7 of this Code.)
[Amended 12-17-2007 by L.L. No. 13-2007]
(2) Prior to the commencement of any soil disturbing activity
(SDA), a sketch plan shall be presented to the Planning and Zoning
Department. At a minimum, this plan shall include:
[Amended 12-12-2022 by L.L. No. 3-2022]
(b)
A description of all intended site work and
soil disturbance activities.
(c)
A statement and/or simple mapping of any environmentally sensitive features on the site, including wetlands, stream and other drainage corridors, flood hazard areas (from FEMA flood insurance rate map), groundwater aquifers and/or recharge areas; Town Land Conservation Zones; ponds; reservoirs; habitat areas of rare, threatened or endangered species; significant forested areas; and any other important environmental features (NOTE: If mapped, features may be added to the site topography map described in §
208-114B.)
(d)
Identification of any temporary and/or permanent stormwater management and erosion control measures that will be used to mitigate any impacts, complete with existing and finish grades (NOTE: Grading may be shown on the site topography map described in §
208-114B.)
(3) The Planning Board and the Stormwater Management Officer
shall review the sketch plan and narrative to determine the suitability
of the stormwater management and erosion control plan. A soil disturbance
security, as approved by the Director of Planning and Zoning, shall
be established prior to the issuance of a building permit. This security shall
cover the full cost of constructing and maintaining all stormwater
management and erosion control measures and shall be kept in effect
until the Town determines that soil stabilization has occurred. Written
acceptance of the plan by the Planning Board shall constitute permission
for the owner to complete his building permit application.
[Amended 12-17-2007 by L.L. No. 13-2007; 12-12-2022 by L.L. No. 3-2022]
(4) For more complex soil disturbance activities and those
involving disturbances of greater than five acres, the Planning Board
shall require the submission of an application for preliminary site
plan approval.
(a)
If the soil disturbance activities exceed a
total area of five acres, then a phasing plan shall be developed to
ensure that no more than five acres are disturbed at any given time
unless a waiver is granted by the NYSDEC.
[Added 12-17-2007 by L.L. No. 13-2007]
[Amended 12-17-2007 by L.L. No. 13-2007; 11-9-2015 by L.L. No. 12-2015; 10-18-2021 by L.L. No. 6-2021; 12-12-2022 by L.L. No. 3-2022]
An application for preliminary site plan approval
shall be made in writing to the Planning and Zoning Department and
shall include the following:
A. Description. All landscaping plans shall include a
written narrative description of the proposed project addressing its
scope of application, purpose, justification and impact on the immediate
area of influence and the Town in general (schools, traffic generation,
population, utilities, aesthetics and land use compatibility).
B. Site plan. A site plan, drawn to a scale of not smaller
than one inch equals 30 feet, shall be submitted, which shall include
the following information:
(1) All existing and proposed property lines, building
setback lines, easements and right-of-way lines, with dimensions,
azimuths or angle data and curve data.
(2) All existing zoning and Planned Development District
boundary delineations.
(3) All monuments, iron pipes and bench marks.
(4) The names of owners of all adjacent property.
(10)
Contour lines at two-foot intervals,
minimum United States Geological Survey datum.
(11)
Wetlands, stream and other drainage corridors,
flood hazard areas (from FEMA Flood Insurance Rate Map); groundwater
aquifers and/or recharge areas, Town Land Conservation Zones; ponds;
reservoirs; habitat areas of rare; threatened or endangered species,
significant forested areas; and any other important environmental
features. Additionally, the boundaries of environmental areas to be
left undisturbed and/or protected through deed restrictions, conservation
easements or other agreements shall be shown. (These boundaries shall
also be marked in the field prior to the start of soil disturbance
activity, other than to install temporary soil erosion control measures,
and left on-site until the Building and Development Department has
made the final inspection.)
(12)
The location of outdoor storage, if any.
(13)
Provision for pedestrian access.
(14)
The location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls, berms and fences.
(15)
The location of fire and other emergency zones,
including location of fire hydrants.
(16)
A description of the method of sewage disposal
and location, design and construction materials for such facilities.
(17)
A description of the method of securing water
and the location, design and construction materials for such facilities.
(18)
Traffic circulation shown so as to provide for
the safety and ease of vehicular movement.
(19)
The location, design and construction materials
of all parking and truck loading areas.
(20)
Parking provisions.
(a)
No on-street parking is permitted.
(b)
A parking plan shall delineate the number of
parking spaces and the parking arrangement, including parking and
pedestrian walkways for the handicapped.
(21)
All buildings, sidewalks and lighting, as well
as the location of heating and air-conditioning units, trash bins
and any other outdoor storage or machinery, shall be shown on the
plans.
(22)
The location of all outdoor lighting facilities.
(23)
A delineation of the arrangement, location,
species and dimensions of all existing and proposed landscaping materials.
All landscaping vegetation shall be labeled with both the common and
botanical names.
(24)
A planting schedule listing each plant, shrub
or tree, its approximate initial size and the quantity of each proposed.
(26)
Stormwater pollution prevention plan. A stormwater
pollution prevention plan (SWPPP) consistent with the requirements
of Local Law Number 15 of 2007 shall be required for preliminary site plan approval.
The SWPPP shall meet the performance and design criteria and standards
in Section C of this local law. The approved preliminary site plan shall be consistent
with the provisions of this local law.
(27)
The final site plan shall contain the signature
and seal of a professional engineer registered in New York State or
a qualified land surveyor under § 7208, Subdivision n, of
the Education Law.
C. Lighting plan. All site plans shall include a lighting
plan, which shall delineate the type of fixture to be used and the
subsequent lighting pattern, the height of the fixture and the wattage
of the light systems utilized.
D. Stormwater management and erosion control plan. For applications involving soil disturbance of more than five acres and for those with one to five acres of soil disturbance that, due to the nature of the disturbance, require additional detail, a stormwater management and erosion control plan shall be submitted in accordance with Chapter
86, Article
II, §
86-7, stormwater management and erosion control design standards, of the Code of the Town of Clifton Park.
(1) Within the above context, the following outline details
the structure and content of a stormwater management and erosion control
plan:
(a)
Background information.
[1]
Project description.
[a] Describe what is being proposed
(i.e., residential lot subdivision, planned development district,
commercial/retail development or industrial development).
[b] Describe project size (i.e., number
of acres, number of dwelling units, other buildings and density).
[c] Describe other improvements which
will be made on project site, including streets and roads and utilities
(water, sewer, etc.), and give particular attention to acreage of
land that will become paved and covered with buildings. Lawn acreage
should also be specified.
[d] Provide a location map based on
USGS mapping.
[e] Provide a statement describing
how this project will meet stormwater management objectives established
by the municipality.
[f] Provide a general description of
the approaches which will be taken to control erosion and sedimentation
and stormwater runoff.
[2]
Existing (predevelopment) conditions.
[a] Provide a map showing topography
(contours) under existing conditions. On this same map, show drainage
patterns, including ditches, culverts, permanent streams, intermittent/ephemeral
streams and other drainage channels, wetlands or other waterbodies,
and existing roads. Indicate sizes of existing culverts. Delineate
watershed and subwatershed boundaries on the map.
[b] Show existing land use, open space,
public facilities, utility lines, water supply wells on site and predominant
vegetation cover types (forested, brushland, grassland, cropland,
pasture, etc.).
[c] Obtain soils survey information
and, by sub-catchment, provide tabular information detailing the number
of acres that are in each of the Soil Conservation Service (SCS) Hydrologic
Soils Groups A,B,C, or D in Table 10 in Chapter III of the April 1992
NYS DEC publication entitled "Reducing the Impacts of Storm Water
Runoff from New Development." Soils information should be considered
by conducting a site-specific soil survey.
[3]
Proposed future (development) conditions.
[a] Provide a map showing, by subcatchment,
the completed project, including typical lot layout, approximate location
of buildings, streets and other paved surfaces, final contours, utility
lines, water supply wells, individual sewage disposal systems and
location and types of easements.
[b] Provide tabular information, by
subcatchment, showing the acres of impervious area created in the
proposed development, as well as the extent of lawn and areas where
the land will have been made more impervious than predevelopment conditions.
(b)
Comparison of predevelopment with post-development
runoff.
[1]
Methodologies.
[a] Describe or identify the methodology
used to compare and evaluate pre- with post-development runoff conditions
in terms of volumes, peak rates of runoff, routing and hydrographs.
[b] Peak discharge rates and total
runoff volumes from the project area for existing site conditions
and postdevelopment conditions for the one-year, ten-year and one-hundred-year,
twenty-four-hour storm events should be calculated. The relevant variables
used in this determination, such as curve number and time of concentration,
should be included.
[c] Downstream analysis of the one-hundred-year,
twenty-four-hour event, including peak discharge rates, total runoff
volumes and evaluation of impacts to receiving waters and/or wetlands,
should be evaluated.
[d] If appropriate, storage volume
and surface area requirements necessary to provide flood control for
runoff generated during one-year, ten-year and one-hundred-year, twenty-four-hour
storm events should be calculated.
[e] Discharge provisions for the proposed
control measures, including peak discharge rates, outlet design, discharge
capacity for each stage, outlet channel design and a description of
the point of discharge, should be provided.
[f] Water quality treatment facilities
should be designed to capture and treat runoff from all land areas
for which the perviousness has been changed over predevelopment conditions
due to soil disturbance activity in accordance with the NYS Stormwater
Design Manual.
[g] The necessary storage volumes should
be calculated and the proposed stormwater measure(s) should be described
in detail. The plans should provide sufficient detail of the water
quality control measures to ensure that the relevant design criteria
will be met.
[h] Specific information should include
surface area dimensions, depths, inlet designs, planting specifications
for use of aquatic vegetation, discharge rates and outlet design.
[i] Sufficient detail should be provided
to show that the stormwater facility(ies) is/are capable of withstanding
the discharge from the one-hundred-year storm event.
[2]
Calculations.
[a] State any assumptions in making
the calculations.
[b] Provide assumptions and coefficient
values used in the hydrologic calculations to making above comparisons.
Evaluate the postdevelopment effect of stormwater runoff on identified
floodplains or designated flood hazard areas in the community.
(c)
Stormwater management.
[1]
Stormwater management facilities.
[a] Describe in a narrative and show
on the map, by subcatchment, proposed stormwater management facilities.
A soil profile below the stormwater management facility should be
provided.
[b] If appropriate, provide designs
of proposed structural stormwater management facilities.
[c] Calculations for sizing stormwater
facilities should be provided.
[d] Provide designs and calculations
for siting and sizing such specialized measures and devices as filter
strips, water quality inlets (oil/grit separator), forebays, etc.,
which will be used to remove sediment, oil-based products and other
contaminants found in urban runoff.
[e] Provide information on the design
provisions that address safety considerations (e.g., gentle slopes
and benches in ponds) and accommodate maintenance needs (including
access to conduct maintenance operations).
[2]
Stormwater conveyance system.
[a] Describe in a narrative the stormwater
conveyance (drainage) system. Indicate which segments of the drainage
system are open channels and which segments are piped (culverts).
[b] Hydrologic calculations for siting
and sizing the stormwater conveyance system should be provided.
(d)
Erosion and sediment control.
[1]
Erosion and sediment control facilities.
[a] Describe temporary and permanent
structural and vegetative practices which will be used to provide
short-term (during construction) and long-term control of erosion
and sedimentation when construction activities are completed and the
project site is restored.
(e)
Implementation schedule and maintenance.
[1]
Provide an implementation schedule for staging
of all stormwater management facilities. Describe how this schedule
will be coordinated with the staging of erosion and sediment control
facilities and construction activities.
[2]
Provide a description of the arrangements which
will be made for ensuring long-term maintenance of stormwater management
and erosion control facilities. Backup contingency plans should be
provided and described. Those responsible for performing maintenance
should be identified.
E. Architectural plan. Whenever a site plan is required
pursuant to this article and new construction is proposed for the
site or the exterior facade of an existing building is to be modified
in any way, the applicant shall, in addition, submit architectural
drawings which shall include building elevations drawn to a scale
equal or greater than 1/16 inch equals one foot. The elevations submitted
shall include at least the following: front view, rear view and side
view. The elevations shall show doorways, windows, loading areas,
foundations, landscape planting, etc., and shall indicate the materials
and exterior finishes to be used in construction. Pedestrian walkways,
entrances and exits for use by the handicapped shall be provided in
accordance with the New York State Uniform Fire Prevention and Building
Code.
F. Notification.
(1) At the time of submission of the application for preliminary
site plan approval as provided for herein, the applicant shall submit,
in addition to otherwise required documentation, the following:
(a)
A reproduced copy of the Tax Map or extract
of the Tax Map depicting the parcel(s) of land proposed for site plan
approval and all lands within 500 feet distance from the perimeter
thereof.
(b)
A schedule of the names and addresses of the
property owners within 500 feet distance from the perimeter of the
lands proposed for site plan approval as ascertained from the office
of the Town Assessor.
(c)
Proof required.
[1]
The applicant shall submit satisfactory proof
that the property owners within 500 feet of the perimeter of the lands
proposed for site plan approval have been notified in writing of the
nature (include a brief narrative about the project and its location,
including number of units, approximate commercial square footage)
of the proposed site plan, and such notification shall also include
the following written statement: "An application for site plan approval
of lands within 500 feet of your property is being proposed. The site
plan application will be filed with the Planning and Zoning Department
of the Town of Clifton Park and may be reviewed by you during normal
business hours at Town Hall. Please call the Planning and Zoning Department
at 371-6651 if you have any questions about the procedures to review
this application and the process for consideration of the proposal."
[2]
Proof shall be deemed satisfactory for purposes
hereof if the applicant provides evidence of mailing, by certified
or registered mail, or certificate of mailing and files the receipts
with the submission. Regular mail is not satisfactory notice.
(2) In the event that the applicant or a related company
or corporation owns lands adjacent to the lands proposed for site
plan approval and within the 500 feet of the perimeter of the lands
proposed for site plan approval, then, in such event, the notice required
herein shall be provided to property owners within 500 feet of the
parcel adjacent to the parcel proposed for site plan by the applicant.
(3) For purposes of this subsection only, the term "applicant"
shall include owner, agent or applicant.
G. Additional
requirements for Tier 2 and Tier 3 solar energy systems.
(1)
A one- or three-line electrical diagram detailing the solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and over current devices.
(2)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, and
inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(3)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(4)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(5)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
Within 62 days of the receipt by the Board of
an application for a preliminary site plan approval or the preliminary
public hearing, if one is held, the Planning Board shall act on it.
If no decision is made within said sixty-two-day period, the preliminary
site plan shall be considered approved. The Planning Board's action
shall be in the form of a written statement, embodying the terms of
the Planning Board's motion on the application, and shall state whether
or not the preliminary site plan is approved, approved with modifications
or disapproved. The Planning Board's statement may include required
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 Planning Board's
statement will contain the reasons for such findings. 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.
Within 62 days of receipt of the application
for final site plan approval, the Planning Board shall render a decision
to the Building Inspector. If no decision is made within the forty-five-day
period, the final site plan shall be considered approved.
A. Upon approval of the final site plan or conditional
approval of the final site plan, and the adequate demonstration to
the Planning Board that all conditions have been met and payment by
the applicant of all fees and reimbursable costs due to the Town,
the Planning Board shall endorse its approval on a copy of the final
site plan and shall forward such copy to the Building Inspector.
B. Upon disapproval of a final site plan, the Planning
Board shall so inform the Building Inspector, and the Building Inspector
shall deny a building permit to the applicant. The Planning Board
shall also notify the applicant in writing of its decision and its
reasons for disapproval.
The Building Inspector shall not issue a permanent
certificate of occupancy until such time as the Planning Board or
its agents shall notify the Building Inspector that the site plan
work has been completed in full compliance with the final approved
site plan.
Upon written application of an applicant setting forth the reasons why a waiver of any provision of this article is necessary or desirable, the Planning Board may entertain such application. If the Planning Board finds that, because of unusual circumstances of shape, topography or other physical features of the proposed site, extraordinary hardship would result from the strict compliance with this article, it may waive certain provisions of this article so that substantial justice may be done and the public interest secured, provided that no such waiver shall be granted which will have the effect of nullifying the intent or purpose of the Official Map and other articles of this Zoning Chapter or Chapter
179, Subdivision of Land, of the Town. In permitting such a waiver, the Planning Board may require such conditions as will, in its sole discretion, substantially secure the objectives of the standard requirements so changed or modified.
Whenever the particular circumstances of the
proposed development require compliance with any other land use approval,
permit or variance, the Planning Board shall attempt to integrate,
as appropriate, site plan review as required by this article with
the procedural and submission requirements for such other compliance.