This chapter shall be enforced by the Code Enforcement Officer.
The Town Board of the Town of Eaton shall, by resolution set,
and from time to time amend, the fees that shall be charged for Planning
Board applications and Board of Appeals applications. The fee schedule
shall be available for inspection at the Town Clerk's office.
No building or structure shall be erected, put in place, or have structural modifications constructed until the Code Enforcement Officer has issued a building permit certifying that it meets all the requirements of this chapter. Building permit application procedures are set forth in Chapter
90, Fire Prevention and Building Construction.
The location of a new driveway for ingress and egress to Town,
county and state roadways shall be cleared with the appropriate highway
department for approval of the location, and their recommendations
concerning appropriate stormwater management structures must be complied
with.
The Town Board hereby affirms the existence of the Town of Eaton
Planning Board consisting of five members and having all the authority
conferred pursuant to Article 16 of the Town Law. Specifically, the
Planning Board shall have the following powers and duties:
A. To issue or deny special permits required by this chapter.
B. To undertake planning activities allowed by Town Law or as requested
by the Town Board.
C. Subdivision review and approval.
The Planning Board, at a regularly scheduled or specially called
public meeting of the Board, shall review and approve, disapprove
or approve with modifications, all site plans for a special permit,
and all site plans otherwise required to be reviewed.
A. Submission of site plan and supporting data. A site plan and supporting
data for a special permit approval shall be submitted to the Planning
Board. The owner shall submit a site plan and supporting data as required
and shall include all or a portion of the following information presented
in drawn form and accompanied by a written text. The amount of information
required will depend on the scope of the proposal and shall be determined
by the Planning Board. Simple, small-scale and noncontroversial projects
generally will require only minimal information. Large-scale, complex
proposed projects may require the completion of special studies to
provide the necessary information.
(1) A survey of the property, showing existing features of the property,
including contours, large trees, buildings, structures, streets, utility
easements, rights-of-way, land use, land use district and ownership
of surrounding property.
(2) A site plan showing proposed lots, blocks, building locations and
land use areas.
(3) Traffic circulation, parking and loading spaces and pedestrian walks.
(4) Landscaping plans, including site grading, landscape design and open
areas.
(5) Preliminary architectural drawings for buildings to be constructed,
including floor plans, exterior elevations and sections.
(6) Preliminary engineering plans, including road improvements, storm
drainage system, public utility extensions, water supply and sanitary
sewer facilities.
(7) Engineering feasibility studies of any anticipated problems which
might arise due to the proposed development, as required by the Planning
Board.
(8) Construction sequence and time schedule for completion of each phase
for buildings, parking spaces and landscaped areas.
(9) A description of the proposed uses, including hours of operation,
number of employees, expected volume of business and type and volume
of traffic expected to be generated.
(10)
As required under New York State Environmental Quality Review
Act (SEQR), a full or short environmental assessment form (EAF) shall
be submitted if the proposed action is a Type I or an unlisted action,
respectively.
B. Site plan approval.
(1) The Planning Board shall review the site plan and supporting data
before approval, rejection or approval with modifications and/or stated
conditions to assure that any site plan approval accords with the
following:
(a)
Harmonious relationship between proposed uses and existing adjacent
uses.
(b)
Maximum safety of vehicular circulation between the site and
road network.
(c)
Adequacy of interior circulation, parking and loading facilities,
with particular attention to vehicular and pedestrian safety.
(d)
Adequacy of landscaping and setbacks in regard to achieving
maximum compatibility and protection to adjacent residential districts.
(2) Should changes or additional facilities be required by the Planning
Board, final approval of the site plan shall be conditional upon the
satisfactory compliance by the owner with the changes or additions.
(3) Any owner wishing to make changes in an approved site plan shall
submit a revised site plan to the Planning Board for review and approval.
C. Performance bond as a condition of site plan approval. The Planning
Board may require, as a condition of site plan approval, that the
owner file a performance bond or other legal security in such amount
as they determine to be in the public interest to ensure that the
proposed development will be built in compliance with the accepted
plans.
Upon resolution of the Town Board of the Town of Eaton specifically
so designating, the Code Enforcement Officer shall have authority,
pursuant to Article 150 of the New York Criminal Procedure Law, to
issue appearance tickets as defined therein for the purpose of enforcing
the local law.
Pursuant to the Town Law of the State of New York §§ 267
and 274-a, any person or persons jointly or severally aggrieved by
any decision of the Board of Appeals, the Planning Board or any officer
of the Town may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules. Such proceeding
must be instituted by the aggrieved party within 30 days after the
filing of that decision in the office of the Town Clerk.
The provisions of this chapter shall be strictly enforced by
the Code Enforcement Officer.