A.
No building or structure shall be erected, added to, or structurally
altered or house trailer or recreational trailer placed until a permit
to do so has been issued by the Building and Zoning Administrator
in accordance with the provisions of the Building Code.
B.
All applications for building permits shall be accompanied by two
copies of a plat plan, drawn to scale and accurately dimensioned,
showing the location of all existing and proposed buildings as may
be required by the Building and Zoning Administrator to determine
compliance with this chapter. One copy of such plans, when approved
by the Building and Zoning Administrator, shall be returned to the
owner upon the payment of a fee in accordance with the schedule of
fees as promulgated from time to time by the Town Board.
A.
In each case where a building or use requires site plan approval,
an application for site plan approval shall be made in writing to
the chairman of the Planning Board and shall be in accordance with
the standards set forth herein. All submissions for site plan approval
shall be accompanied by a fee to pay for the costs of the planning
design and engineering review as from time to time shall be established
by the Town Board. The objectives of site plan review are to insure
that the design and layout of structures are in harmony with the character
of the area in which it is located and to insure that land use and
development is appropriately designed for the community and the environment.
B.
A site plan of any proposed development of land, prepared by a registered
architect, licensed landscape architect, licensed land surveyor, and/or
professional engineer, shall be submitted in three stages: sketch
plan (optional), preliminary plan, and final plan.
(1)
Presubmission/sketch plan.
(a)
Prior to a formal submission, the applicant, and/or his designated
representative, should meet in person with the Planning Board to discuss
the proposed site plan in order to generally determine the information
which should be incorporated in the preliminary site plan. The sketch
plan phase is for the convenience of the applicant.
(b)
At the sketch plan conference the applicant, in addition to
a statement or rough sketch describing what is proposed, should provide,
to the extent applicable, the following:
[1]
The names of all owners of record of all adjacent properties
and the lot, block, and section number of the subject property as
shown on the county Tax Maps.
[2]
Existing school, zoning, and special district boundaries.
[3]
Boundaries of the property, building or setback lines as required
in this chapter, and lines of existing streets and adjoining lots.
Reservations, easements, and areas dedicated to public use, if known,
shall be shown.
[4]
Map showing the applicant's entire property and adjacent properties
and streets, at a convenient scale, including the approximate location
and dimensions of all existing and proposed structures and the location
of all existing structures on adjacent properties and within 100 feet
of the site boundary.
[5]
All existing and proposed paved areas.
[6]
Areas to be left undisturbed.
[7]
Existing topography, lawns, meadows, shrubs and trees, hedgerows
and stone walls (general location), watercourses, wetlands, rock outcrops,
and other prominent physical features.
[8]
A general written description of the architectural features
of the proposed structure(s).
(2)
Preliminary plan. Five copies of the preliminary application and
required information shall be submitted. The preliminary plan shall
include all applicable information contained in the sketch plan in
addition to the following:
(a)
Title of development, date, North point, scale, name and address
of record owner and of the engineer, architect, land planner, or surveyor
preparing the site plan.
(b)
All means of vehicular access and egress to and from the site
onto public streets.
(c)
Elevations, and sections of proposed structures and roads, showing
the proposed location, use and design of all buildings and structures,
including any proposed division of buildings into units of separate
occupancy and location of drives thereto, and showing the proposed
location of all roads, pedestrian walkways and fire lanes.
(d)
The location and layout of any off-street parking or loading
areas.
(e)
The location of all proposed water lines, valves, and hydrants
and sewer lines or of alternative means of water supply and sewage
disposal and treatment.
(f)
The proposed location, direction, power, and timing of proposed
lighting.
(g)
Extent and amount of cut and fill for all disturbed areas, including
before-and-after profiles and cross sections of typical development
areas, parking lots and roads.
(h)
Proposed stormwater drainage system.
(i)
The proposed location, size, color and illumination of proposed
signs.
(j)
Location of all existing and proposed site improvements, including
drains, culverts, retaining walls, and fences.
(k)
Location of any outdoor storage.
(l)
Detailed breakdowns of all proposed floor space by type of use.
(m)
In an Industrial District, specific uses proposed, numbers of
employees for which buildings are designed, type of power to be used
for any manufacturing process, type of wastes or by-products to be
produced by any manufacturing process, and the proposed method of
disposal of such wastes or by-products shall also be shown.
(n)
Architectural plans. In the TN/MU1 and 2 Districts, architectural plans of proposed buildings or additions, which shall include building facades, wall and roof materials, architectural window and door details, colors and such data as the Planning Board deems necessary for it to determine whether the proposed structure complies with Article V, § 190-22, Traditional Neighborhood/Mixed Use Districts 1 and 2 design standards and guidelines.
(o)
Environmental assessment. Part I of the environmental assessment
form and any other necessary documentation to comply with SEQR.
(p)
A detailed landscaping plan.
(q)
A traffic impact analysis. A traffic impact analysis will be
required for any new use proposing to increase traffic on state, county
or Town roads within the Town by 100 or more cars per day.
(3)
Final plan.
(a)
The final detailed site plan shall conform substantially to
the preliminary site plan originally recommended for approval. It
should incorporate any modifications that may have been recommended
by the Planning Board in its preliminary review. All such compliances
shall be clearly indicated by the applicant on the appropriate submission.
(b)
The following additional information shall accompany an application
for final detailed site plan review:
(4)
Official submittal. The time of submission of the site plan shall
be considered to be the date of the respective regular monthly meeting
of the Planning Board, at least 10 days prior to which the completed
application, the proper fee and all data required by these regulations
shall have been filed with the Secretary of the Planning Board.
(5)
State environmental quality review compliance. No application shall
be deemed complete without compliance with State Environmental Quality
Review, including, where necessary, a lead agency determination, a
negative or positive declaration and the submission of an acceptable
draft environmental impact statement.
(6)
Referrals. At least 10 days prior to the public hearing, the Planning
Board shall mail notices thereof to the Albany County Planning Board
as required by § 239-m of the General Municipal Law. In
the event a public hearing is not required, such proposed action shall
be referred before final action is taken thereon.
(7)
Planning Board action on preliminary site plan:
(a)
Public hearing. The Planning Board may conduct a public hearing
on the preliminary site plan if considered desirable by a majority
of its members. Such hearing shall be held within 62 days of the receipt
of complete application for preliminary site plan review and shall
be advertised in the Town's official newspaper or, if there is none,
in a newspaper of general circulation in the Town at least five days
before the public hearing.
(b)
Decision. Within 62 days of receipt of the complete application
for preliminary site plan approval or if a public hearing is held
within 62 days of public hearing, the Planning Board shall render
a decision. The Planning Board's action shall be in the form of a
written statement to the applicant stating whether the preliminary
site plan is recommended for approval, disapproval or approval with
modifications. The Planning Board's statement may include recommendations
of desirable modifications to be incorporated in the final site plan,
of which conformance with said modifications shall be considered a
condition for a recommendation of approval. If the preliminary site
plan is recommended for disapproval, 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. The
Planning Board's decision must be filed with the Town Clerk within
five business days after such decision is rendered and a copy mailed
to the applicant.
(8)
Planning Board action on final site plan. After receiving a recommendation
for approval, with or without modifications, from the Planning Board
on a preliminary site plan, the applicant shall submit a final detailed
site plan to the Planning Board. If more than six months has elapsed
since the time of the Planning Board's action on the preliminary site
plan and if the Planning Board finds that conditions have changed
significantly in the interim, the Planning Board may require a resubmission
of the preliminary site plan for further review and possible revision
prior to accepting the proposed final site plan for review.
(a)
Public hearing. The Planning Board may conduct a public hearing
on the final site plan if considered desirable by a majority of its
members. Such hearing shall be held within 62 days of the receipt
of complete application for final site plan review and shall be advertised
in the Town's official newspaper or, if there is none, in a newspaper
of general circulation in the Town at least five days before the public
hearing.
(b)
Decision. Within 62 days of receipt of the complete application
for final site plan approval or if a public hearing is held within
62 days of public hearing, the Planning Board shall render a decision.
The time period in which the Planning Board must render its decision
can be extended by mutual consent of the applicant and the Planning
Board. In its decision, the Planning Board may approve, approve with
modifications or disapprove the final site plan. The Planning Board
shall have the authority to impose such reasonable conditions and
restrictions as are directly related to and incidental to a proposed
site plan. Upon its approval of said site plan, any such conditions
must be met in connection with the issuance of permits by the Code
Enforcement Officer.
[1]
Approval. Upon approval of the final site plan and payment by
the applicant of all fees and reimbursable costs due the Town, the
Planning Board shall endorse its approval on a copy of the final site
plan and shall immediately file it and a written statement of approval
with the Town Clerk.
[2]
Disapproval. Upon disapproval of the final site plan, the decision
of the Planning Board shall immediately be filed with the Town Clerk
and a copy thereof mailed to the applicant by certified mail, return
receipt requested, along with the Planning Board's reasons for disapproval.
(9)
Failure to take action on application. Failure of the Planning Board
to render a decision within the prescribed time limits shall constitute
approval by the Planning Board.
(10)
General criteria and standards. In review and approval of site
plans, the Planning Board shall follow the following standards set
forth in this section, in addition to all applicable specific standards
set forth elsewhere in this chapter. The standards are intended to
provide a framework within which the designer of the site development
is free to exercise creativity, invention and innovation.
(a)
Ecological considerations. The development shall, insofar as
practicable:
[1]
Result in minimal degradation of unique or irreplaceable land
types and in minimal adverse impact upon the critical areas such as
streams, wetlands, areas of aquifer recharge and discharge, steep
slopes, highly erodible soils, areas with a high water table, mature
stands of vegetation and extraordinary wildlife nesting, feeding or
breeding habitat.
[2]
Conform with existing geologic and topographic features, to
the end that the most appropriate use of land is encouraged.
(b)
Landscape. The landscape shall be preserved in its natural state,
insofar as practicable and environmentally desirable, by minimizing
tree and soil removal. If development of the site necessitates the
removal of established trees, special attention shall be given to
the planting of replacements or to other landscape treatment. Any
grade changes shall be in keeping with the general appearance of neighboring
developed areas.
(c)
Relation of proposed structures to environment.
[1]
Proposed structures shall be related harmoniously to themselves,
the terrain and to existing buildings and roads in the vicinity that
have a visual relationship to the proposed structures.
[2]
Proposed structures shall be so sited as to minimize any adverse
impact upon the surrounding area, and particularly upon any nearby
residences, by reason of:
[a]
Building location, height, bulk and shadows.
[b]
Location, intensity, direction and times of use
of outdoor lighting.
[c]
Likelihood of nuisances, noise or glare.
[e]
Other similar considerations. Appropriate natural
or artificial screening may be required to minimize any such adverse
impact.
(d)
Scenic, historic, archaeological and landmark sites Scenic, historic, archaeological and landmark sites and features that are located on or adjacent to the proposed development shall be preserved and protected insofar as practicable and in conformance with Article V, § 190-21, Historic Districts, herein.
(e)
Surface water drainage A proposed development shall be designed
so as to provide for proper surface water management through a system
of controlled drainage that, wherever practicable, preserves existing
natural drainage patterns and wetlands and enhances groundwater recharge
areas and that protects other properties and existing natural and
artificial drainage features from the adverse effects of flooding,
erosion and the depositing of silt, gravel or stone. All requirements
of the New York State Department of Environmental Conservation related
to the State Pollution Discharge Elimination System shall be met.
(f)
Traffic effects and driveway connections to public streets. The site plan proposal shall minimize adverse traffic effects on the road networks serving the area in question. All entrance and exit driveways to public streets shall be located with due consideration for traffic flow and so as to afford maximum safety to traffic on the public streets in conformance with Article V, § 190-17E, Driveway and road standards, herein.
(g)
Adequacy and arrangement of pedestrian traffic access and circulation,
including separation of pedestrian from vehicular traffic, walkway
structures, including handicapped access.
(h)
Location, arrangement, appearance and sufficiency of off-street
parking spaces and loading areas.
(i)
Adequacy of water supply facilities.
(11)
Additional submissions. Where, due to special conditions peculiar
to a site, or the size, nature, or complexity of the proposed use
or development of land or buildings, the Planning Board finds that
additional information is necessary for proper review of the site
plan, the Board may request additional pertinent information.
(12)
Waiver of required information. Upon a finding by the Planning
Board that, due to special conditions peculiar to a site, certain
of the information normally required as part of the site development
plan is inappropriate or unnecessary or that strict compliance with
said requirements may cause extraordinary and unnecessary hardships,
the Board may vary or waive such requirements wherever, in the opinion
of the Board, such variance or waiver will not be detrimental to the
public health, safety, or general welfare or have the effect of nullifying
the intent and purpose of the site development plan submission, the
Official Map, the Master Plan, or this chapter.
(13)
Performance guarantee. No certificate of occupancy shall be
issued until all improvements shown on the site plan are installed
or a sufficient performance guarantee has been posted for improvements
not yet completed. The sufficiency of such performance guarantee shall
be determined by the Town Board after consultations with the Planning
Board, Building and Zoning Administrator, Town Attorney and other
appropriate parties.
(14)
Inspection of improvements. The Zoning Officer shall be responsible
for the overall inspection of site improvements, including coordination
with the Planning Board and other officials and agencies, as appropriate.
(15)
Expiration of approval. A site plan shall be void if construction
is not started within one year and completed within two years of the
date of the final site plan approval, except that such site plan approval
may be renewed by the Planning Board at its direction.
(16)
Integration of procedures. Whenever the particular circumstances
of a proposed development require compliance with either the special
use procedure in this chapter or the Town Land Subdivision Regulations,[1] the Planning Board shall attempt to integrate, as appropriate,
site plan review as required by this section with the procedural and
submission requirements for such other compliance.
(17)
Court review. Any person aggrieved by a decision of the Planning
Board may apply to the Supreme Court for review by a proceeding under
Article 78 of the Civil Practice Law and Rules. Such proceedings shall
be instituted within 30 days after the filing of a decision by such
Board in the office of the Town Clerk. The Court shall itself dispose
of the matter on the merits, determining all questions which may be
presented for determination.
A.
No land
shall be used or occupied and no building or structure hereafter erected,
altered or extended shall be used or changed in use until a certificate
of occupancy shall have been issued by the Building and Zoning Administrator
in accordance with the provisions of the Building Code.
B.
All certificates
of occupancy for new or altered buildings or structures shall be applied
for coincident with the application for a building permit therefor.
Such certificate of occupancy shall be issued within 10 days after
the erection or alteration shall have been approved as complying with
the provisions of this chapter.
