A. 
The Planning Board/Zoning Board of Appeals is hereby charged with carrying out the review and approval functions provided for in § 274-a of New York State Town Law: to review and approve, approve with modification and/or conditions to site plans and the establishment of specified activities by motion, which shall constitute the Planning Board/Zoning Board of Appeals' decision.
B. 
The applicant for a site plan review shall have the burden of demonstrating that the proposed regulated activity will be conducted in accordance with the standards and requirements set forth in this chapter.
A. 
Whenever the approval of a site plan is required by any provision of this chapter (see Article VI, with particular attention to § 350-31, and Article VIII, with particular attention to §§ 350-41 and 350-42, and Articles IX and X, a proposed site plan must be submitted to the Planning Board/Zoning Board of Appeals for its review and approval, prior to issuance of any building permit.
B. 
The above notwithstanding, no building permit shall be issued for any proposed improvements that would be in violation of use restrictions, required yard setbacks, lot coverage limits or any other provisions of this chapter or the New York State Fire Prevention and Building Construction Code, or its successors, or New York Public Health Law.
A. 
Application for site plan review shall be made in writing to the Code Enforcement Officer on forms available from the Code Enforcement Office. (NOTE: Any additional forms required will be adopted by the Town Board from time to time as needed.) Such an application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the Code Enforcement Officer, including but not limited to a scaled site plan prepared to a scale of not smaller than one inch to 50 feet, and in sufficient detail and accuracy so as to accurately depict the placement of all component parts of project (including guy wires or enclosures) in relation to, and certified by a licensed engineer or land surveyor, that contains the following minimum information:
(1) 
All property lines, including metes and bounds, rights-of-way, and easements.
(2) 
Any additional phases of the project.
(3) 
Any other information deemed reasonable and necessary by the Planning Board/Zoning Board of Appeals in its consideration of the site plan application.
(4) 
[1]Existing and proposed overhead and underground utilities.
[1]
Editor's Note: Former Subsection A(4), regarding contour levels, was repealed 2-12-2019 by L.L. No. 1-2019. This local law also renumbered former Subsection A(5) through A(20) as Subsection A(4) through A(19), respectively.
(5) 
Location and type of all proposed utilities, including on-site water (wells) and wastewater facilities.
(6) 
Location of public and private streets, roads and highways, rights-of-way and easements within and adjacent to the facility site.
(7) 
Location of access drives, parking and pedestrian facilities, and off-street loading facilities.
(8) 
Location of all existing streams or drainageways, water bodies and wetlands.
(9) 
Location of all state lands within 500 feet of the site.
(10) 
Location of any floodplain areas designated by the National Flood Insurance Program.
(11) 
Location of existing vegetation on the site and proposed landscaping.
(12) 
Proposed landscaping, size, height and location of all signs and exterior lighting.
(13) 
Proposed stormwater maintenance facilities.
(14) 
The location and types of all forested areas within and/or adjacent to the property, as well as a general description of the type, height, and density of vegetative cover (e.g., dense mature forest with a height of approximately 40 feet or scattered shrubs and bushes approximately 15 feet tall on former farmland that was last cultivated 25 years ago).
(15) 
The location of all existing and proposed buildings, structures, utility lines, sewers, water and storm drains on the property or within 200 feet of the proposed work site together with any other proposed improvements to the site.
(16) 
The location of all existing and proposed drainage patterns, drainageways, swales, etc., within and/or adjacent to the property.
(17) 
The location of all existing and proposed impervious surfaces, such as driveways, sidewalks, etc., on the property or within 200 feet of the proposed work site.
(18) 
The location of all designated Town open space, land owned by the Town, county or state and/or other similar type lands within or adjacent to the property, as defined by this chapter and/or set out on the Town of Italy Official Zoning Map.
[Amended 2-12-2019 by L.L. No. 1-2019]
(19) 
Topography of the site, including existing and proposed contours at two-foot intervals.
B. 
In addition to the above, the Planning Board/Zoning Board of Appeals may require other information related to the proposal, including but not limited to:
(1) 
A separate area map showing existing roads and highways adjacent to the project site, and including buffer areas and any Town zoning district boundaries located within 500 feet of the site perimeter as shown on the Town of Italy, Official Zoning Map.
[Amended 2-12-2019 by L.L. No. 1-2019]
(2) 
An historic and cultural resources study completed to standards set forth by the State Historic Preservation Office.
(3) 
A separate elevation plan at a scale of 1/8 inch equals one foot for all exterior facades of the proposed structure(s) and/or existing facades, plus addition(s) showing design features and indicating type and color of materials to be used.
(4) 
A New York State Environmental Quality Review Act (SEQRA) environmental assessment form, as determined at the sketch conference, with Part 1 filled out.
(5) 
For projects that will disturb an acre or more of soil, a stormwater pollution prevention plan (SWPPP) prepared by a qualified professional engineer and following the guidelines and regulations of the New York State Department of Environmental Conservation.
(6) 
Identification of any federal, state, or county permits required for the project's execution.
C. 
The Planning Board/Zoning Board of Appeals reserves the right to request additional information related to the above submission materials as considered reasonably necessary and may choose to waive specific requirements in certain situations. The application shall not be complete until its adoption by a motion of the Planning Board.
D. 
The Planning Board/Zoning Board of Appeals shall make a determination under SEQRA (see Environmental Conservation Law § 8-0113) and comply with the State Environment Quality Review Act.
E. 
Each application for a site plan review shall be accompanied by an application fee, as established from time to time by the Town Board. This fee shall be in addition to any other fee required for the application under any other laws of the Town of Italy.
In granting or conditioning any approval for proposed site plans, the Planning Board/Zoning Board of Appeals shall consider (as appropriate), but shall not be limited to, the following:
A. 
The location, size, design and general site compatibility of proposed buildings, landscaping, lighting, open spaces and buffers and outdoor waste facilities;
B. 
The location and adequacy of vehicular access and circulation, including intersections, road widths, pavement surfaces, off-street parking and loading areas, and traffic controls;
C. 
The location and adequacy of pedestrian and bicycle access and circulation, and appropriate provisions for persons with disabilities;
D. 
The potential effect of the proposed development on environmentally sensitive features within the site, such as stream courses, steep slope areas, mature woodlands, views, wetlands and other bodies of water;
E. 
The potential effect of the proposed development on the drainage patterns on and off the site, especially the impact of stormwater runoff from cleared forest areas, fields, steep slopes, roofs, parking areas, driveways, and other impervious surfaces;
F. 
In the case of multiple residence site plans, location and adequacy of any proposed open space and recreational facilities;
G. 
Protection of adjacent neighboring properties from any undue disturbance, such as may be caused by excessive or unreasonable noise, glare, shadow flicker, vapors, smoke, fumes, dust, odors and stormwater runoff;
H. 
Compliance with this chapter and any other applicable Town rules and regulations and policies;
I. 
The adverse impact that the proposed development may have on existing views by constructing any structure, facility, building, tower, or chimney that extends higher than the tops of the existing adjacent trees or 35 feet as measured from the average grade (in nonforested areas), or exceeds 5,000 square feet in gross ground-floor area (building footprint), or requires the clearing of more than 43,560 square feet of land (see also Article VIII);
[Amended 2-12-2019 by L.L. No. 1-2019]
J. 
The permanent impact that the proposed development may have on existing views by that development requiring any daytime white strobe or nighttime red flashing illumination/ marker aviation warning lights;
[Amended 2-12-2019 by L.L. No. 1-2019]
K. 
The proposed use is compatible with the character of land uses in the surrounding area and will not adversely impact the existing or anticipated future character of the surrounding neighborhood including viewsheds.
[Amended 2-12-2019 by L.L. No. 1-2019]
A. 
Consultation. At its sole discretion, the Planning Board/Zoning Board of Appeals may consult with/retain agencies or individuals, including but not limited to the C.E.O., Fire Commissioners, Highway Superintendent, the Town's Attorney, the Town's consulting engineer, the Town's consulting planner, individual professional consultants and/or engineers, other local, county, and regional officials, in addition to representatives of federal and state agencies, including but not limited to the Natural Resource Conservation Service, Yates County Soil and Water Conservation District, the New York State Department of Transportation, the New York State Department of Environmental Conservation, the New York State Department of Health, and the Canandaigua Lake Watershed Commission. Any expenses incurred by any consultation or professional services required by the Town for the review process shall be paid by the applicant. The applicant will be informed in advance and made aware of the estimated cost.
B. 
Determination. The Planning Board/Zoning Board of Appeals will conduct a preliminary review of the proposed site plan no later than 62 business days from the receipt by the Clerk of the Planning Board/Zoning Board of Appeals, or his designee, of an application. The application will not be deemed complete until an adoption of its motion by the Planning Board/Zoning Board of Appeals.
C. 
Public hearing. Upon its determination that an application is complete by resolution of the Planning Board/Zoning Board of Appeals, the Planning Board/Zoning Board of Appeals shall hold a public hearing no later than 45 business days from said determination. The public hearing shall be advertised by publishing and posting in the Town newspapers at least 10 business days before the date of the meeting.
D. 
Decision. The Planning Board/Zoning Board of Appeals shall render a decision on the proposed site plan, within 62 days after the public hearing, to be carried out by the C.E.O. The Planning Board/Zoning Board of Appeals' action shall be in the form of a written statement to the applicant stating whether or not the proposal is approved, or approved with modification and/or conditions or disapproved.
(1) 
Approval. Upon approval of the final proposal and payment by the applicant of all fees and reimbursable costs due to the municipality, the Planning Board/Zoning Board of Appeals shall endorse its approval by signature or stamp on a copy of the final site plan and related supporting documents, and shall forward it to the C.E.O. A copy of the motion of approval shall be filed with the Town Clerk within 10 days of the decision by the Planning Board/Zoning Board of Appeals.
(2) 
Conditional approval. The Planning Board/Zoning Board of Appeals' statement may include recommendations of desirable modifications to be incorporated in the final proposal, and conformance with specified modifications shall be considered a condition of approval.
(3) 
Disapproval. Upon disapproval of a site plan, the Planning Board/Zoning Board of Appeals shall so inform the Code Enforcement Officer, and the Code Enforcement Officer shall deny a zoning permit to the applicant. The Planning Board/Zoning Board of Appeals shall also notify the applicant, in writing, of its decision and its reasons for disapproval. Such disapproval shall be filed with the Town Clerk.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Every site plan review approved pursuant to this chapter shall include the following conditions:
(1) 
The Town Code Enforcement Officer and/or other appropriate Town official shall have the right to inspect the project at any time.
(2) 
The constructed project approved by the site plan shall not deviate from said plan.
(3) 
The permit holder shall notify the Town Code Enforcement Officer of the date on which project construction is to begin, at least five days in advance of such date.
(4) 
The approved site plan shall be prominently displayed at the project site during the undertaking of the construction activities authorized by the plan's approval.
F. 
If no decision is made within 62 calendar days following the conclusion of the public hearing, the proposal shall be considered approved, as submitted.
G. 
If the project has not materially commenced within one year, the site plan review approval will terminate.
A. 
After receiving approval, with or without conditions, from the Planning Board/Zoning Board of Appeals on a site plan, the applicant shall submit a final, detailed site plan to the C.E.O. for verification before a building permit will be issued. If more than six months has elapsed since the time of the Planning Board/Zoning Board of Appeals' decision on the final proposal and the issuance of the building permit, the Planning Board/Zoning Board of Appeals may require a resubmission of the proposal.
B. 
A final site plan shall conform to the approved proposal. It shall incorporate any conditions or modifications that were made by the Planning Board/Zoning Board of Appeals in its review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
C. 
The following additional information must accompany a final site plan:
(1) 
Record of application for and approvals of all necessary permits from federal, state, and county officials;
(2) 
Any changes or additions in sizing and final material specification of all required improvements; and
(3) 
An estimated project construction schedule.
When considering a proposed site plan, whether it is a general site plan, preliminary site plan or final site plan, the Planning Board/Zoning Board of Appeals may waive one or more items or design details of the plan that are otherwise normally required under Article XII, § 350-77, to be shown on the plan, if at its discretion it determines that the lack of such information is not a hindrance to its consideration of the proposed site plan.
A. 
If at any time subsequent to the approval of a final site plan by the Planning Board/Zoning Board of Appeals an applicant or property owner desires to modify the site plan as approved, an application with the revised site plan shall be submitted to the Planning Board/Zoning Board of Appeals for its consideration of approval. The Planning Board/Zoning Board of Appeals shall hold a public hearing on said application of the proposed site plan, and impose any conditions, modifications or additional requirements upon the approval as it may determine appropriate in the furtherance of this chapter and the Comprehensive Plan.
B. 
Notwithstanding the foregoing, if the proposed modification of a site plan previously granted final site plan approval is not in violation of any conditions imposed by the Planning Board/Zoning Board of Appeals in its original grant of final site plan approval and it involves the shift of the location of one or more buildings or facilities or structures a distance not exceeding 10 feet in any one direction from the location shown on the final site plan as approved; provided, however, that such a shift does not result in an encroachment on any required yard setback or buffer area, and the proposed shift does not alter the location of any proposed points of ingress into or egress from the site, or proposed traffic flow within the site; or if the modification of the final site plan approval involves construction of or alteration to less than 500 square feet of interior space or construction which results in the increase in the amount of square feet of an existing building or facility by less than 10%, whichever is less; construction, alterations or renovations to the exterior of a building or facility without any change in building footprint, provided said alterations do not affect the size and locations of windows or doorways, or are changes necessitated by New York State Fire Prevention and Building Construction Code or its successors; or involves construction of or relocation of three or fewer parking spaces, such modification may be made without approval by the Planning Board/Zoning Board of Appeals of a modified site plan, upon receipt of a building permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).