Unless otherwise provided and as regulated by Chapter 92, Subdivision of Land, of the Town of Colden, a site plan review and a site plan approval shall be required for all uses, buildings and structures that require a building permit or certificate of compliance under this chapter and for which an application therefor has been made to the Town of Colden, except for a one-family dwelling or a two-family dwelling and its permitted accessory uses, buildings or structures, prior to the issuance of a building permit or certificate of compliance.
Where site plan review is required, the Code Enforcement Officer
shall refer the application, site plan and supporting data to the
Town Planning Board. The Planning Board shall review the application,
site plan and supporting data and, at a regular meeting of the Planning
Board, submit written recommendations on each site plan reviewed to
the Town Board. Upon receipt of the Planning Board's recommendations,
the Town Board after determining that all requirements have been met,
including New York State environmental quality review,[1] shall approve, approve with modification or disapprove
the site plan. In modifying such site plan, the Town Board shall enter
its reasons for such action in its record.
In addition to the required site plan and supporting data indicated in § 108-115, the Planning Board may request of a property owner or his agent additional supporting data or plans that the Planning Board deems necessary and pertinent to carry out its responsibility for site plan review as provided in this chapter.
The property owner or his agent shall submit at least six copies
of a site plan and supporting data prepared by and bearing the official
seal and signature of a licensed architect, landscape architect, professional
engineer or land surveyor and may include the following information
presented in drawn form, at a scale approved by the Code Enforcement
Officer, and accompanied by a written text.
A.
Survey of the property, showing existing topographic features, including
contours, large trees, buildings, structures, streets/roads, property
lines, utility easements, rights-of-way and land use; and zoning and
ownership of surrounding property. An appropriate copy of the town's
Zoning Map pertaining to the property in question with the location
of the premises of the site plan clearly indicated on said Zoning
Map shall be required.
B.
Site plan showing proposed lots, blocks, building locations and land
use areas.
C.
Traffic circulation, parking and loading spaces and pedestrian walks.
D.
Landscaping plans, including site grading and landscape design.
E.
Preliminary engineering plans, including street/road improvements,
storm drainage system, public utility extensions, water supply, sanitary
sewer facilities and outdoor lighting.
F.
Preliminary architectural drawings for buildings to be constructed.
G.
Construction sequence and time schedule for completion of each phase
for buildings, parking spaces and landscaped areas.
A.
The Planning Board shall review the site plan and supporting data
before making its recommendations to the Town Board and take into
consideration the following:
(1)
Harmonious relationship between the proposed uses and existing
adjacent uses.
(2)
Maximum safety of vehicular circulation between the site and
street/road network.
(3)
Adequacy of interior traffic circulation, parking and loading
facilities with particular attention to vehicular and pedestrian safety.
(4)
Adequacy of landscaping and setbacks in regard to achieving
maximum compatibility with and protection to adjacent property and
land uses.
B.
Should changes or additional facilities be recommended by the Planning
Board, recommended approval of the site plan shall be conditional
upon satisfactory compliance by the property owner to the changes
or additions.
C.
In cases where any action of the Zoning Board of Appeals is required,
the site plan shall be the subject of a preliminary review by the
Planning Board in accordance with the review procedure set forth above
before action is taken by the Zoning Board of Appeals. After such
action by the Zoning Board of Appeals, the Planning Board shall conduct
a final review of the site plan.
Compliance with General Municipal Law § 239-m requires
that the Erie County Department of Environment and Planning receive
notice of all site plan review applications. The county has 30 days
in which to respond.
The Town Board may require as a condition of site plan approval
that the property owner file a performance bond in such amount, as
determined by the Town Attorney of the Town of Colden, to insure that
the proposed development will be built in compliance with accepted
plans.
A property owner wishing to make any changes in an approved
site plan shall submit a revised site plan to the Planning Board for
review and recommendation to the Town Board for approval.
A.
Where the Town Board finds that, because of unusual circumstances
of shape, topography or other physical features of the land or because
of the nature of the adjacent developments, extraordinary hardships
may result from the strict compliance with these regulations, it may
vary the regulations so that substantial justice may be done and the
public interest secured, provided that no such variation shall be
granted which will have the effect of nullifying the intent and the
purpose of the Master Plan, the Zoning Code or any other law or ordinance
of the Town of Colden.
B.
In granting variances and modifications, the Board may require such
conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so varied or modified.
