A.
Site plan review and approval by the Planning Board is required in
accordance with this section:
(1)
For all uses identified as requiring site plan review and approval
in the Use Table,[1] including structures and significant and substantial changes
to the use(s) or structural additions to structures related to those
use(s).
(a)
A significant and substantial change shall not be deemed to
have occurred unless there is any of the following:
[1]
Any change affecting 2,000 or more square feet on an existing
structure;
[2]
An increase of 50% in total square footage;
[3]
An increase of 50% in water and sewer demand;
[4]
An increase of 50% in the generation of solid wastes;
[5]
An increase of 50% in required parking;
[6]
Potential or planned use of hazardous materials.
(b)
The above increases shall be determined by the Building Department.
[1]
Editor's Note: The Use Table is included at the end of this
chapter.
(2)
For any development which is the functional equivalent of a land subdivision but which is structured for ownership purposes as a condominium project. In such cases, the Planning Board shall apply all relevant review criteria contained in the Subdivision Law (Chapter 90 of the Town Code) as well as the provisions of this section.
(3)
No clearing, grading or tree removal may be undertaken in excess
of 1/2 acre land without site plan approval from the Planning Board
with the exception of the harvesting of Christmas trees; the clearing
of land for rights-of-way for utilities; reasonable site clearing
preparatory to construction of a building for which a building permit
has been issued; the clearing and maintenance of land for agricultural
purposes; and the harvesting of trees and firewood for the personal
use of the property owner not to exceed 20 cords per year.
B.
Considerations and scope of review. The Planning Board may approve
a site plan after review of all of the elements provided, as follows:
(1)
That the site development will adequately handle traffic circulation,
including pedestrian and vehicular traffic both within the site and
in relation to the adjoining streets. No business or industrial use
shall be permitted where it is determined by the Planning Board, due
to the nature of such use and the type and number of vehicle trips
which it will generate, particularly in relation to the capacity of
the street system serving the lot upon which it is to be located,
that the result will be unusual traffic hazards or congestion. If,
however, a limit is placed upon such use, either in terms of employees
or other appropriate measure, which, in the opinion of the Planning
Board, would be adequate to ensure that the potential traffic generation
from such use will be properly related to the capacity of the street
system serving it, the Planning Board may approve such use with such
limitation.
(2)
That the site development will be compatible with contiguous land and buildings and adjacent neighborhoods. Compatibility shall be determined by a review of proposed use of materials, scale, mass, height, color, texture, and location of the structure or structures on the site. In addition, in the DB and GB Districts, the determination of compatibility shall also take into account consideration of the historic, rural character of the Hamlet of Highland and consider building size, style, form, roofline, architectural detailing, size and shape of window and door openings in relation to structures of historic significance as well as maintenance of building setbacks and building proportions in relation to neighboring structures. The Planning Board shall utilize the procedures set forth in § 100-30 and Appendix A, Design Standards and Guidelines for Business Districts, included at the end of this chapter,[2] as the basis for its review and determination.
[2]
Editor's Note: Appendix A is on file in the Town offices.
(3)
That the site development, including buildings and landscaping, will
not conflict with the appropriate and orderly development of adjacent
land and buildings of the district within which said site is located.
(4)
That parking areas will be of adequate size for the particular use,
properly located and suitably screened from adjoining residential
uses, and the entrance and exit drives shall be laid out so as to
achieve maximum safety.
(5)
That there are adequate measures regarding drainage, water supply,
sewage disposal, road alignment and other engineering aspects of such
site plan.
(6)
That, when considering changes of use and structural additions to
nonconforming properties, the Planning Board shall consider the inability
of the landowner to provide all of the necessary parking and traffic
flow or construct the building as if the lot were vacant and shall
modify its requirements accordingly for such nonconforming properties.
(7)
That the proposed use is consistent with the Town Comprehensive Plan.
(8)
That the proposed site plan and proposed use conforms to the land development regulations of the Town of Lloyd, including but not limited to Chapter 55, Stormwater Management and Erosion and Sediment Control, of the Town Code.
(9)
That the Planning Board has referred the proposed site plan to the
Town Engineer, Fire Chief, Chief of Police, Highway Superintendent,
Building Department, and, where applicable, the Water and Sewer District
for review and comment.
(10)
That the Planning Board has duly considered the comments and
recommendations of all agencies interested in the application and
all agencies to which referral is mandated by law.
(11)
Since the location and design of all site plans must be approved
by the Planning Board, no grading or construction on the site shall
be started, nor shall any existing features, such as trees, which
may add value to the development, be removed or relocated, until this
approval has been obtained.
C.
Required information for site plan. An application for site plan
approval shall be accompanied by plans and descriptive information
sufficient to clearly portray the intentions of the applicant. Site
plans shall be prepared by a licensed professional engineer, or licensed
surveyor.
[Amended 6-8-2011 by L.L. No. 2-2011]
(1)
A vicinity map drawn at the scale of 2,000 feet to the inch or larger
that shows the relationship of the proposal to existing community
facilities which affect or serve it, such as roads, shopping areas,
schools, etc. The map shall also show all properties, subdivisions,
streets, and easements within 500 feet of the property. Such a sketch
may be superimposed on a United States Geological Survey or New York
State Department of Transportation map of the area.
(2)
An existing conditions map, showing existing buildings, roads, utilities,
and other man-made features, as well as topography and all existing
natural land features that may influence the design of the proposed
use such as rock outcrops, single trees eight or more inches in diameter
located within any area where clearing will occur, forest cover, soils
(including prime and statewide important agricultural soils), and
ponds, lakes, wetlands and watercourses, aquifers, floodplains, and
drainage retention areas.
(3)
A site plan, drawn at a scale and on a sheet size appropriate to
the project. The information listed below shall be shown on the site
plan and continuation sheets.
(4)
Name of the project, boundaries, date, North arrow, scale and date(s)
of the plan. Name and address of the owner of record, developer, and
seal of the engineer, architect, or landscape architect. If the applicant
is not the record owner, a letter of authorization shall be required
from the owner. Signature blocks for all required approvals, including
a block for signatures of the Town Engineer, Fire Chief, Chief of
Police, Highway Superintendent, Building Department, and, where applicable,
the Water and Sewer District.
(5)
The location and use of all existing and proposed structures within
the property, including all dimensions of height and floor area, all
exterior entrances, and all anticipated future additions and alterations.
(6)
The location of all present and proposed public and private ways,
off-street parking areas, driveways, outdoor storage areas, sidewalks,
ramps, curbs, paths, landscaping, walls, and fences. Location, type,
and screening details for all waste disposal containers shall also
be shown.
(7)
The location (including, when appropriate, GPS notation), height,
intensity, and bulb type (sodium, incandescent, etc.) of all external
lighting fixtures. The direction of illumination and methods to eliminate
glare onto adjoining properties must also be shown.
(8)
The location, height, size, materials, and design of all proposed
signs.
(9)
The location of all present and proposed utility systems, including:
(10)
Erosion and sedimentation control plan required by Chapter 55 to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
(11)
Existing and proposed topography at two-foot contour intervals,
or such other contour interval as the Planning Board shall specify.
All elevations shall refer to the nearest United States Coastal and
Geodetic Benchmark. If any portion of the parcel is within the one-hundred-year
floodplain, the area will be shown and base flood elevations given.
Areas shall be indicated within the proposed site and within 50 feet
of the proposed site where soil removal or filling is required, showing
the approximate volume in cubic yards.
(12)
A landscape, planting, and grading plan showing proposed changes
to existing features.
(13)
Land use district boundaries within 200 feet of the site's perimeter
shall be drawn and identified on the site plan, as well as any overlay
districts that apply to the property.
(14)
Traffic flow patterns within the site, entrances and exits,
and loading and unloading areas, as well as curb cuts on the site
and within 100 feet of the site. The Planning Board may, at its discretion,
require a detailed traffic study for large developments or for those
in heavy traffic areas.
(15)
For new construction or alterations to any structure, a table
containing the following information shall be included:
(a)
Estimated area of structure currently used and intended to be
used for particular uses such as retail operation, office, storage,
etc.;
(b)
Estimated maximum number of current and future employees;
(c)
Maximum seating capacity, where applicable; and
(d)
Number of parking spaces existing and required for the intended
use.
(16)
Elevations at a scale of 1/4 inch equals one foot for all exterior
facades of the proposed structure(s) and/or alterations to or expansions
of existing facades, showing design features and indicating the type
and color of materials to be used.
(17)
Where appropriate, the Planning Board may request soil logs,
percolation test results, and storm runoff calculations.
(18)
Plans for disposal of construction and demolition waste, either
on site or at an approved disposal facility.
(19)
Where appropriate, a cultural resource survey of resources with
historic or archaeological significance.
(20)
Other information that may be deemed necessary by the Planning
Board.
D.
Waivers. The Planning Board may waive or allow deferred submission of any of the information required in Subsection C above, as it deems appropriate to the application. Such waivers shall be discussed in the course of preapplication conferences. The Planning Board's decision shall be reflected in the record.
E.
Criteria. In reviewing site plans, the Planning Board shall consider
the criteria set forth below.
(1)
Layout and design.
(a)
To the maximum extent practicable, development shall be located
to preserve the natural features of the site and to avoid wetlands,
steep slopes, significant wildlife habitats and other areas of environmental
sensitivity. The placement and design of buildings and parking facilities
shall take advantage of the site's topography, existing vegetation
and other pertinent natural features.
(b)
All structures in the plan shall be integrated with each other
and with adjacent structures and shall have convenient access between
adjacent uses. Structures shall, where practical, be laid out in the
pattern of a traditional hamlet.
(c)
Structures that are visible from public roads shall be compatible
with each other and with traditional structures in the surrounding
area in architecture, design, massing, materials, proportion, texture,
color and placement and shall harmonize with traditional elements
in the architectural fabric of the area. Building components such
as windows, rooflines and pitch, doors, eaves and parapets shall be
compatible with historic structures in the Town. Vertical, double-hung
windows and steeply pitched roofs are encouraged. Designs shall avoid
flat roofs, large expanses of undifferentiated facades, and long plain
wall sections. Rooftop and ground-level mechanical equipment shall
be screened from public view using materials harmonious with the building
or shall be located where they are not visible from any public ways.
(d)
Where appropriate, setbacks shall maintain and continue the
existing setback pattern of surrounding properties.
(e)
The Planning Board shall encourage the creation of landscaped
parks or squares easily accessible by pedestrians.
(f)
Trademarked architecture which identifies a specific company
by building design features shall be prohibited, unless the applicant
can demonstrate that the design is compatible with the historic architecture
of the Town.
(g)
Impacts on historic and cultural resources shall be minimized.
(h)
Newly installed utility service systems, and service modifications
necessitated by exterior alterations, shall be installed underground.
When feasible, existing aboveground utility service systems shall
be placed underground.
(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)
Landscape plantings of shrubs, ground cover and shade trees,
as well as perennials and annuals and other materials such as rocks,
water, sculpture, art, walls, fences, paving materials and street
furniture, shall be encouraged to create pedestrian-scale spaces and
to maintain landscape continuity within the community. All landscaping
within the site shall be designed to facilitate conservation of the
environment and preservation of community aesthetic character. This
shall be accomplished through the use of native plant material and
the retention of existing natural vegetation, thereby reducing or
eliminating the need for irrigation, pesticides, herbicides and fertilizers.
(c)
Existing tree stock eight or more inches in diameter at breast
height shall be protected and preserved to the maximum extent possible
to retain valuable community natural resources and promote energy
conservation by maximizing the cooling and shading effects of trees.
The preservation of mature plant species, hedgerows, wetlands and
woodlots shall be encouraged and included as a design element in the
development of the site.
(d)
Landscape buffers shall be provided between uses that may be
incompatible, such as large-scale commercial uses and residences.
Such buffers may include planted trees and shrubs, hedgerows, berms,
existing forestland or forest created through natural succession.
The width of such buffer areas will depend upon the topography, scale
of the uses, and their location on the property.
(e)
If deemed appropriate for the site by the Planning Board, shade
trees at least six feet tall with a minimum caliper of 2 1/2
inches measured at breast height at time of planting shall be planted
and maintained at twenty-foot to forty-foot intervals along roads,
at a setback distance acceptable to the 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 connected parking lots,
service roads, alleys, footpaths, bike paths, and new public streets
to connect adjoining properties shall be required where appropriate.
(d)
Access from and egress to public highways shall be approved
by the appropriate highway department, including Town, county, and
state.
(e)
All buildings shall be accessible by emergency vehicles.
(f)
Parking spaces shall have wheel stops or curbs to prevent injury
to trees and shrubs planted in landscaped islands.
(g)
Bicycle parking spaces and racks shall be provided in an area
that does not conflict with vehicular traffic. Designated van/carpool
parking, and other facilities for alternatives to single-occupancy
vehicle use, shall be provided wherever possible.
(h)
In developments where a link to schools, churches, shopping
areas, trails, greenbelts and other public facilities is feasible,
or where a trail connection is recommended in the Comprehensive Plan,
a trail corridor shall be reserved on the approved site plan for this
purpose.
(4)
Reservation of parkland. For any site plan containing residential
units, the Planning Board may require the reservation of parkland
or payment of a recreation fee pursuant to Town Law § 274-a,
Subdivision 6.
(5)
Miscellaneous standards.
(a)
Buildings and other facilities shall be designed, located, and
operated to avoid causing excessive noise on a frequent or continuous
basis.
(b)
Outdoor lighting shall conform to the requirements of § 100-27 to prevent light from shining directly onto neighboring properties or public ways.
(c)
Dumpsters shall be located and screened so that they are not
visible from any public roadway.
(d)
Stormwater shall be managed in accordance with the law, and
consideration shall be given to low-impact development technologies.
Additionally, drainage of the site shall recharge groundwater to the
extent practical. The peak rate of surface water flowing off site
shall not increase above pre-development conditions and shall not
adversely affect drainage on adjacent properties or public roads.
(e)
Applicable requirements for proper disposal of construction
and demolition waste shall be satisfied, and any necessary permits
or agreements for off-site disposal shall be obtained.
(f)
No materials shall be placed below the finished grade of a site other than utilities, sand, gravel, rocks, and soil that are uncontaminated by any solid waste or hazardous materials. Materials that were previously contaminated and have been reconditioned shall not be permitted under this Subsection E, except that decontaminated material may be used as a base for road or parking lot construction, provided that such decontaminated material does not pollute groundwater or surface water.
(g)
Structures shall be located, constructed and insulated to prevent
on-site noise from interfering with the use of adjacent properties.
Similarly, buildings shall be situated to prevent off-site noise from
intruding on new development. Methods for blocking noise shall be
used where appropriate and shall include fencing, walls and natural
buffers, such as berms and landscape planting with deciduous and coniferous
trees and large shrubs.
F.
Procedure. The Planning Board shall approve, approve with conditions,
or deny applications for site plans for land uses within the Town
as herein designated and pursuant to and in accordance with the standards
and procedures set forth below.
(1)
Submission of an application. An application for site plan approval shall initially be submitted to the Building Department and Town Planner, who shall have a preapplication meeting(s) with the applicant. The applicant should have a conceptual plan and sketch plan for the preapplication meeting. Should the submitted plans conform to the Comprehensive Plan of the Town of Lloyd, be complete in that the plans address Subsection E, Criteria, above, and comply with zoning ordinances of the Town of Lloyd, the application will receive a zoning verification from the Code Enforcement Officer and the Town Planner will then transmit the application to the Planning Board for its review. The application shall:
(a)
Be made on forms available at the office of the Planning Board.
(b)
Be accompanied by five copies of the site plan as described
in these regulations.
(d)
Include the payment of a fee as established by the Town Board. The applicant must pay all special consulting fees for engineers, planning consultants, and attorneys retained by the Town in accordance with § 100-57 as required by the Planning Board. The applicant shall pay all required fees prior to the Planning Board's consideration of the application by depositing funds with the Town and upon the request of the Town replenishing said account.
(2)
Determination by the Planning Board that all information required
hereunder is included in the site plan application and that the application
is therefore complete.
(4)
Planning Board decision. The Board shall make its decision on the
application to approve, disapprove or approve with conditions within
62 days of the date that the public hearing is closed. This time limit
may be extended upon the consent of the applicant.
(5)
All fees due to the Town shall be paid in full before the Planning
Board Chair signs an approved site plan.
(6)
Expiration of approval. Planning Board approval of a site plan shall
expire if any of the following circumstances occurs:
(a)
The site plan is not submitted for stamping and signature by
the Chair within one year of the Planning Board’s resolution
of site plan approval, with or without modifications. Upon prior written
request to the Planning Board, including a statement of justification
for the requested time extension, the time period for an expiration
of approval may be extended for a maximum of one year, on two occasions,
at the discretion of the Planning Board.
[Amended 4-13-2011 by L.L. No. 1-2011]
(b)
Construction is not commenced and diligently pursued within
two years of the stamping and signing of the site plan by the Chair.
Upon prior written request to the Planning Board, including a statement
of justification for the requested time extension, the time period
for an expiration of approval may be extended for a maximum of one
calendar year, on two occasions, at the discretion of the Planning
Board.
