A.
Purpose:
(1)
The purpose of this article is to allow the proper integration into
the Town of those uses listed in the Use Table - Appendix A of this
chapter, which have been determined to be suitable within a zoning
district only on certain conditions and only at appropriate locations.
Because of their characteristics, or the special characteristics of
the area in which they are proposed to be located, these uses require
special consideration so that they may be properly located, planned
and developed taking into consideration:
(a)
The objectives of this chapter;
(b)
The proposed uses effect on surrounding properties;
(c)
The ability of the Town to accommodate the growth resulting
from the proposed use without undue, adverse effect on the Town, the
Town's infrastructure and the Town's citizens and taxpayers;
(d)
The protection of the health, safety and general welfare of
the Town and its citizens; and
(e)
The objectives of the Town Master Plan.
(2)
Pursuant to the land use policies and goals of the Town of Johnstown,
it is the Town's policy to balance the allowance of a variety
of uses of land and to foster economic opportunities within the municipal
boundaries of the Town, provided that such uses do not unreasonably
and adversely affect neighboring properties, the natural environment,
the rural and historic character of the Town or the long-term development
of the Town. Many uses, therefore, require review and approval of
a site plan by the Planning Board before such uses and site development
is permitted. The primary purposes of site plan review and approval
is to ensure that the site can accommodate the proposed use without
unduly affecting neighboring properties or the environment and that
the site is appropriately designed.
B.
Applicability. Site plan approval is required for certain uses where
site plan approval is required as part of the conditions for a special
use permit or where site plan approval is required pursuant to this
chapter. For such uses, the Code Enforcement Officer shall not issue
any zoning permit or building permit, or certificate of occupancy
or compliance until a site plan has been approved in accordance with
this article. Until such site plan has been approved, and a zoning
permit and building permit issued, no building shall be erected, moved,
structurally altered, added to or enlarged and no excavation or site
preparation activities shall commence.
C.
Application procedures.
(1)
Placement on agenda. In order for a site plan matter to be placed on the Planning Board's meeting agenda, the required application materials pursuant to Subsection C(5), Application for Site Plan Approval, below shall be submitted to the Planning Board at least seven days prior to the date of the Planning Board's meeting. In order for a sketch plan conference, as described in Subsection C(4), Sketch Plan, to be scheduled, a request for such conference shall be in writing identifying the subject property, its owner and the proposed use, and shall be submitted seven days prior to the meeting at which the conference is requested to be scheduled.
(2)
Completeness review. At the first meeting at which a site plan application
is first presented as an agenda item, the Planning Board shall determine
whether the application is complete for purposes of commencing the
review process. If an application is determined to be incomplete,
the Planning Board shall notify the Applicant in writing as to what
aspects of the application submittal are lacking or are otherwise
insufficient to start the process. The time-frames for Planning Board
action during the review process shall not commence until the submission
of a fully complete application with supporting documents and materials
and the determination by the Planning Board that the application is
complete. As such, the scheduling of a sketch plan conference may
resolve confusion and thereby save time by allowing an opportunity
for the applicant and the Planning Board to identify what documentation
will be expected in order to constitute a complete application.
(3)
Multiple uses. If an application is for a parcel or parcels on which
more than one use requiring site plan approval is proposed, the applicant
may submit a single application for all such uses. The Planning Board
may grant the application with respect to some proposed uses and not
others. For purposes of reviewing an application (and for SEQRA compliance)
all proposed uses on a single parcel or on contiguous parcels shall
be considered together.
(4)
Sketch plan.
(a)
The applicant may elect to hold a sketch plan conference with
the Planning Board prior to the preparation and submission of a formal
site plan. The use of the sketch plan conference is strongly encouraged
since it may provide for a more efficient and predictable review process
and avoid unnecessary costs. The intent of such a conference is to
enable the applicant to inform the Planning Board of the proposal
prior to the preparation of a detailed site plan, and for the Planning
Board to review the basic site design concept, advise the applicant
as to potential problems and concerns and to generally determine the
information to be required on the site plan. As such, an applicant
is encouraged to schedule and attend the sketch plan conference. In
order to accomplish these objectives, the applicant should provide
the Planning Board with as much information as is practicable; the
following is suggested:
[1]
A sketch plan showing (to an approximate scale) the locations
and dimensions of existing and proposed principal and accessory structures,
parking areas, and other planned features;
[2]
A sketch or map of the area which clearly shows the location
of the site with respect to nearby streets, rights-of-way, properties,
easements and other pertinent features;
[3]
A statement or sketch showing significant environmental features
such as streams, wetlands, forested areas, and floodplain areas; and
[4]
A topographic or contour map of adequate scale and detail to
show site topography.
(b)
At the sketch conference, or within 31 days after the sketch conference has been held, the Planning Board shall provide the applicant with a list of information to be submitted with the site plan application as well as any recommendations that the Planning Board may have with respect to the proposed application. The list of information may be drawn from the checklist set forth in Subsection C(5), "Application for Site Plan Approval," as determined necessary by the Planning Board.
(5)
Application for site plan approval. An application for site plan
approval shall be made in writing to the Planning Board on forms supplied
by the Town and shall be accompanied by the required fee, a site plan
map (prepared by an engineer, architect or land surveyor licensed
in New York State) and such other material that includes the information
contained on the following checklist. If a sketch plan conference
was held, the information accompanying the site plan shall include
any items that the Planning Board indicated at the conference would
be required. The following is a site plan checklist:
(a)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing;
(b)
North arrow, scale and date;
(c)
Boundaries of the property plotted to scale of one inch to 50
feet (if the property is located in more than one zoning district,
the boundaries of the districts shall also be shown);
(d)
Existing contours (unless otherwise indicated by the Planning
Board, two-foot contours shall be required showing the topography
for all disturbed areas of the parcel and land within 100 feet of
such areas);
(e)
Existing watercourses and wetlands;
(f)
Grading and drainage plan, showing existing and proposed final
contours;
(g)
Location, design, type of construction, proposed use and exterior
dimensions of all buildings;
(h)
Location and widths of existing and proposed driveways for the
site and access to existing roads and highways. Location to nearest
intersection of public roads to be provided.
(i)
Location, design and type of construction of all parking and
truck loading areas, showing access and egress;
(j)
Provision for pedestrian access if applicable;
(k)
Location of outdoor storage, if any;
(l)
Location, design and construction materials of all existing
or proposed site improvements including drains, culverts, retaining
walls and fences;
(m)
Description of the method of sewage disposal and location, design
and construction materials of such facilities;
(n)
Description of the method of securing potable water and location,
design and construction materials of such facilities;
(o)
Location of fire and other emergency zones, including the location
of fire hydrants;
(p)
Location, design and construction materials of all energy distribution
facilities, including electrical, gas and alternative energy;
(q)
Location, size and design and type of construction of all proposed
signs;
(r)
Location and proposed development of all buffer areas, including
existing vegetative cover;
(s)
Location, design, type, and uses of exterior lighting and signs;
(t)
The type, location, and hours of activities likely to generate
noise or ground vibrations of a magnitude as to be a public concern;
(u)
Location and design of outdoor lighting facilities;
(v)
Identification of the location and amount of building area proposed
for retail sales or similar commercial activity;
(w)
General landscaping plan and planting schedule;
(x)
An estimated project construction schedule.
(y)
Record of application for and approval status of all necessary
permits from federal, state and county officials.
(z)
Identification of any federal, state or county permits required
for the project's execution;
(aa)
Description of the proposed use or uses, including hours of
operation, number of employees, expected volume of business, and type
and volume of traffic expected to be generated.
(bb)
Stormwater Pollution Prevention Plan (SWPPP) for all land development
activities (excluding agricultural activities) on the site that results
in land disturbance of one acre or more. A SWPPP shall comply with
NYSDEC requirements for stormwater discharges from construction activities.
It shall be at the discretion of the Planning Board as to whether
a SWPPP shall be required for disturbances of less than one acre and
which are not otherwise subject to such regulations.
(cc)
Other elements or information integral to the proposed development
as considered necessary by the Planning Board.
(dd)
Environmental assessment form with Part 1 completed.
(6)
Waivers. If the Planning Board finds that any of the information
requirements as set forth above are not necessary to conduct an informed
review, it may waive such information requirements as it deems appropriate.
The Planning Board may grant such waivers on its own initiative or
at the written request (that sets forth the specific requirements
that are requested to be waived and the reasons for the requested
waiver) of an applicant.
(7)
Review of site plan. The Planning Board shall review the site plan
to promote the health, safety, and general welfare of the Town and
its citizens. The review shall include, as appropriate, but is not
limited to, the criteria set forth in this chapter for such as well
as the following general considerations:
(a)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs. Signs and lights will be compatible
and in scale with building elements and will not dominate the overall
visual impact of the project and neighborhood.
(b)
If outdoor lighting is provided, all lighting shall be so located
as not to be visible at the source from any adjoining property.
(c)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(d)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(e)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(f)
Adequacy of stormwater and drainage facilities.
(g)
Adequacy of water supply and sewage disposal facilities.
(h)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of the existing
vegetation.
(i)
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(j)
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(k)
Adequacy of open space areas, if any, for its intended use.
(l)
Protection of adjacent or neighboring properties against noise,
glare, unsightliness, odors, smoke, dust or other objectionable features.
(m)
Adequacy of setbacks in regard to achieving maximum compatibility
and protection to adjacent properties and residential districts.
(n)
Compatibility of structures with existing and planned uses of
adjacent properties.
(o)
Consistency with Town Master Plan.
(8)
Planning Board action on site plan.
(a)
No public hearing. If no public hearing is scheduled by the
Planning Board for the receipt of public comments regarding the site
plan, the Planning Board shall render a decision, file said decision
with the Town Clerk, and mail such decision to the applicant with
a copy to the Code Enforcement Officer within 62 days of the acceptance
of a completed application for site plan approval.
(b)
Discretion to schedule public hearing. The Planning Board has
the discretion to hold a public hearing on the application if the
Planning Board determines that there are factors involved (such as
but not limited to potential public controversy, the desirability
of input from adjoining property owners or the public at large) that
warrant a public hearing. If the Planning Board determines to hold
a hearing, it shall be held within 62 days of the receipt of a complete
application and the decision on the site plan shall be made within
62 days from the close of the public hearing. The time within which
to hold a public hearing or which a decision shall be rendered may
be extended by mutual consent of the applicant and Planning Board.
(c)
Issuance of permit. Upon approval of the site plan, the Code
Enforcement Officer has the authority to issue a Zoning Permit provided
any predevelopment conditions have been met and to issue a Certificate
of Compliance upon completion of the development of the site in strict
accordance with the approved site plan and any conditions attached
thereto.
(d)
Disapproval of site plan. Upon disapproval of a site plan, the
Planning Board shall so inform the Code Enforcement Officer and the
Code Enforcement Officer shall deny a zoning permit to the applicant.
The Planning Board shall also notify the applicant in writing, within
five business days, of its decision and its reasons for disapproval.
Such disapproval shall be filed with the Town Clerk.
(9)
Notice and hearing.
(a)
The Planning Board shall hold a public hearing on a complete
site plan application within 62 days from the determination of the
Planning Board that the application is complete and that a hearing
is appropriate. The time in which a public hearing shall be held may
be lengthened only upon consent of the applicant and Planning Board.
(b)
At least five days prior to the date of such hearing, the Planning
Board shall give public notice by causing the publication of a notice
of such hearing in the official newspaper and by mailing a notice,
by first class mail, thereof to all adjoining property owners and
to any other owners of property located within 200 feet from the parcel
for which the site plan is proposed. The Planning Board may notify
other owners of other parcels as it deems appropriate.
(c)
In the case of a hearing held on an application on a property
that is located within 500 feet of an adjacent municipality, the Planning
Board shall give notice of the hearing to the clerk of the adjacent
municipality, by either mail or electronic transmission, at least
10 days prior to the hearing pursuant to General Municipal Law § 239-m.
(10)
Reimbursable costs. Costs incurred by the Planning Board for
consultation fees or other extraordinary expenses in connection with
the review of a proposed site plan as well as its implementation and
inspection shall be charged to the applicant.
(11)
Performance guarantee. No Certificate of Compliance 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 Planning Board and it may consult with the Code
Enforcement Officer, Town Attorney and other appropriate parties in
making such determination.
(12)
Inspection of improvements. The Code Enforcement Officer shall
be responsible for the overall inspection of site improvements including
coordination with the Planning Board and other officials and agencies,
as appropriate. If the site is not being developed in strict compliance
with the approved site plan and any conditions attached thereto, the
Code Enforcement Officer shall issue a stop-work order and demand
compliance with the approved site plan and any conditions attached
thereto. An approved site plan may not be modified except by the Planning
Board upon application for such modification from the applicant.
(13)
Integration of procedures. Whenever the particular circumstances
of proposed development require compliance with either the special
use permit procedure in this chapter or other requirements of the
Town, 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.
(14)
Application for area variance. Where a proposed site plan contains
one or more features that do not comply with the dimensional regulations
of this chapter, application may be made to the Zoning Board of Appeals
for an area variance pursuant to this Code without a decision or determination
by the Code Enforcement Officer. The Planning Board shall decide whether
such area variance application and Zoning Board of Appeals decision
on same shall occur as a condition to the approval of the site plan,
as a prerequisite for a complete site plan application, or in conjunction
with the site plan process.
(15)
SEQRA compliance. Upon receipt of application materials it deems
complete, the Planning Board shall initiate the New York State Environmental
Quality Review (SEQRA) process (unless the process has been already
commenced pursuant to the special use permit process for the same
project) by either circulating the application and Environmental Assessment
Form to all involved agencies (if coordinated review is undertaken)
or by issuing its determination of significance within 20 days of
its acceptance of a completed application, EAF and other supporting
materials. Where the proposed action may have a significant effect
on the environment, the Planning Board shall issue a positive declaration
and require the submission of a Draft Environmental Impact Statement
(DEIS). No time periods for decision making in this chapter shall
begin to run until either acceptance of a DEIS as satisfactory pursuant
to New York State Department of Environmental Conservation Regulations
or the issuance of a negative declaration.
(16)
§ 239-m of the General Municipal Law shall be adhered
to. Referral to County Planning Department.
(17)
Agriculture data statement. An agriculture data statement is
required where the proposed use is located in, or within 500 feet
of, the boundaries of an agricultural district.
(a)
If an agricultural data statement has been submitted, the Secretary
of the Planning Board shall, upon receipt of the application, mail
written notice of the site plan application to the owners of land
as identified by the applicant in the agricultural data statement.
Such notice shall include a description of the proposed project and
its location. The cost of mailing the notice shall be borne by the
applicant.
D.
Guidelines. The Planning Board, in reviewing nonresidential site
plans, shall consider the guidelines set forth below.
(1)
Layout and design.
(a)
All structures in the plan shall be integrated with each other
and with adjacent structures, shall have convenient pedestrian and
vehicular access to and from adjacent properties, and shall, wherever
possible, be laid out in a pattern consistent with the traditional
forms found in the Town of Johnstown.
(b)
Individual structures on the site shall be compatible with each
other and with traditional structures in the surrounding area in architecture,
design, massing, materials, and placement.
(c)
Where feasible, setbacks shall maintain and continue the existing
setback pattern of surrounding properties.
(d)
The Planning Board shall encourage the creation of landscaped
parks or plazas easily accessible by pedestrians.
(2)
Landscaping.
(a)
Landscaping shall be an integral part of the entire project
area, and shall buffer the site from and/or integrate the site with
the surrounding area, as appropriate.
(b)
Primary landscape treatment shall consist of shrubs, ground
cover, and shade trees, and shall combine with appropriate walks and
street surfaces to provide an attractive development pattern. Landscape
plants selected should be appropriate to the growing conditions of
the Town's environment.
(c)
Where feasible, existing trees and other vegetation shall be
conserved and integrated into the landscape design plan.
(d)
If deemed appropriate for the site by the Planning Board, shade
trees at least six feet tall shall be planted and maintained at twenty-five-foot
to fifty-foot intervals along roads, at a setback distance acceptable
to the Town Highway Superintendent.
(3)
Parking, circulation, and loading.
(a)
Roads, driveways, sidewalks, off-street parking, and loading
space shall be safe, and shall encourage pedestrian movement.
(b)
Vehicular and pedestrian connections between adjacent sites
shall be provided to encourage pedestrian use and to minimize traffic
entering existing roads. The construction of service roads and new
public streets to connect adjoining properties shall be required by
the Planning Board, where appropriate.
(c)
Off-street parking and loading requirements of this chapter
shall be complied with, and parking areas shall be located behind
buildings wherever possible.
(d)
Access from and egress to public highways shall be approved
by the appropriate Highway Department, including Town, county, state,
and federal, to the extent that said Highway Department or Departments
have jurisdiction over such access.
(e)
All structures shall be accessible by emergency vehicles.
(4)
Miscellaneous standards.
(a)
Materials and design of paving, light fixtures, retaining walls,
fences, curbs, benches, etc., shall be attractive and easily maintained.
(b)
The site lighting shall limit glare on adjacent roads and properties.
(c)
Drainage of the site shall recharge ground water to the extent
practical. Surface waters flowing off-site shall not degrade any streams
or adversely affect drainage on adjacent properties or public roads.
(d)
Dispersal of construction and demolition wastes shall meet all
applicable local, county, state, and federal requirements.
E.
Action. The Planning Board shall approve, approve with modifications,
or disapprove the site plan within 62 days after the determination
by the Planning Board that the site plan and accompanying application
is complete, or if a pubic hearing has been held, within 62 days after
the close of the public hearing. Any decision by the Planning Board
shall contain written findings explaining the rationale for the decision
in light of the standards or guidelines contained in this chapter.
(1)
In approving a site plan, with or without modifications, the Planning
Board may impose conditions which it considers necessary to protect
the health, safety, and welfare of the Town and to achieve the purposes
contained in this chapter. These conditions may include increasing
dimensional or area requirements, specifying location, character and
number of vehicle access points, requiring landscaping, planting and
screening, requiring clustering of structures and uses in order to
minimize the burden on public services and facilities and protect
open space, requiring the protection of open space of conservation
value using conservation easements, and requiring action by the applicant
(including the posting of performance bonds and furnishing of guarantees)
to insure the completion of the project in accordance with the terms
and conditions applicable thereto.
F.
Expiration, change of use, revocation, and enforcement.
(1)
An approved site plan shall expire if:
(2)
A site plan shall apply to the use for which it has been granted,
as well as to any subsequent similar use of the property which complies
with all terms and conditions of the site plan (as determined by the
Code Enforcement Officer in issuing a zoning permit or Certificate
of Compliance) and which does not involve any new construction, enlargement,
exterior alteration of existing structures, or changed use of outdoor
areas. Any other change to a use allowed by site plan shall require
the granting of a new site plan or an amendment.
(3)
A site plan approval may be revoked by the Code Enforcement Officer
if the applicant or the applicant's successor or assign violates
the conditions of the site plan approval or engages in any construction
or alteration not authorized by the site plan approval.
(4)
Any violation of the conditions of a site plan shall be deemed a
violation of this chapter, and shall be subject to enforcement action
as provided herein.
G.
Findings required. In approving or disapproving site plans, the Planning
Board shall take into consideration the type, scale and intensity
of the proposed project, the surrounding area, the possible impact
of the proposed project on nearby properties and uses, the requirements
and purposes of this chapter and the policies and goals of the Master
Plan. The Planning Board shall set forth its findings in writing as
part of its decision-making process.
H.
Filing of decision. The written decision of the Planning Board on
an application for site plan review shall be filed within five days
from the date the decision was rendered in the office of the Town
Clerk, with the Code Enforcement Officer and a copy mailed to the
applicant. The site plans shall be signed as approved by the Chairman
of the Planning Board and filed and mailed together with the decision.
I.
Amendments. The terms and conditions of any site plan approval may
be amended in the same manner as required to approve a site plan,
following the criteria and procedures in this article. Any enlargement,
alteration, or construction of accessory structures not previously
approved shall require a site plan amendment.
