The Town of Massena 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. Site plan review
shall be required for all special uses as listed in the Town of Massena
Zoning Law Schedule of District Regulations[1] and such other uses as the Town Board may from time to time designate by local law. In addition to Article XIII, Site Plan Approval, the following procedures shall also apply: Refer to the Town of Massena Zoning Law Schedule of District Regulations included at the end of this chapter; see the column citing "uses requiring site plan review/specific standards."
[1]
Editor's Note: Said schedule is included at the end of this
chapter.
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 (SEQRA).
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 formal application has been made on forms provided by the Board and a detailed site plan providing all requirements of § 207-57, Plan elements, and 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, widening 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 SEQRA 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.
The Town of Massena Planning Board shall, pursuant to § 274-a,
Subdivision 5, of the Town Law, have the right to waive, when reasonable,
any of the procedural 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.
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 made, for the hearing of any matter referred to under this section.
It shall give public notice of such hearing at least five days prior
to it in a newspaper of general circulation in the Town and decide
upon the application within 62 days after such hearing. It shall not,
however, grant approval before a decision 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. Notices shall also be mailed at least five days prior
to the public hearing to adjacent property owners that are adjacent
to the proposed project and to the clerk of the an adjacent municipality
if a municipality boundary is within 500 feet of a project boundary.
A.
Conditions. The Planning Board shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental 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, Subdivision
6, of the New York State Town Law.
B.
Referrals. Refer to § 207-51B, Referrals to County Planning Board, for complete requirements. 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 St. Lawrence County Planning Department are met. It shall also comply with all requirements of the New York State Environmental Quality Review Act.
C.
Appeals. 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.
D.
Effect of site plan approval. 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 reproved by the Planning Board.
The site plan shall remain effective, as an authorization to establish
the use, for a maximum of two years from the date of approval unless
the Planning Board shall have granted an extension in writing. Absent
such an extension, the special use shall be deemed to have expired.
A special use which has been discontinued for a period of two or more
years shall also be deemed to have lapsed.
E.
Renewal of permits. The Planning Board may require, at the time it
is initially granted, that any special use approval be renewed periodically.
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.
F.
The Planning Board shall be under no obligation to process a special
use or site plan review application for a property with outstanding
violations of this chapter.
The Planning Board, in acting upon the site plan, shall also
be approving, approving with modifications or disapproving the special
use permit application connected therewith, taking into consideration
not only the criteria contained above but also the following:
A.
Whether the proposed use will result in an over-concentration of
such uses in a particular area of the Town or is needed to address
a deficiency of such uses. The Board shall, in this regard, consider
the suitability of the site proposed for a particular use as compared
with the suitability of other sites in the immediate area.
B.
Whether the proposed use will have a detrimental or positive impact
on adjacent properties or the health, safety and welfare of the residents
of the Town of Massena.
C.
If the proposed use is one judged to present detrimental impacts,
whether an approval could be conditioned in such a manner as to eliminate
or substantially reduce those impacts.
D.
Whether the use will have a positive or negative effect on the environment,
job creation, the economy, housing availability or open space preservation.
E.
Whether the granting of an approval will cause an 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.
F.
Whether the site plan indicates the property will be developed and
improved in a way which is consistent with that character which this
chapter and the Town's Comprehensive Plan are intended to produce
or protect, including appropriate landscaping and attention to aesthetics
and natural feature preservation.
