A.
It is the policy of the Town of Philipstown to allow a variety of uses of land, provided that such uses do not adversely affect neighboring properties, the natural environment, or the rural and historic character of the Town. Many uses are therefore permitted only upon issuance of a special permit by the Planning Board, in order to ensure that these uses are appropriate to their surroundings and consistent with the purposes of this chapter. Some uses are allowed by right, subject only to site plan approval (see Use Table in § 175-10[1]). Communication towers, soil mines, and certain solar energy facilities [see § 175-30E(2)] require a special permit issued by the Zoning Board of Appeals. Adult entertainment uses and uses not listed on the Use Table (if not prohibited by § 175-10C) require a special permit issued by the Town Board. In reviewing special permit applications, the Town Board and Zoning Board of Appeals shall follow the procedures and standards established for the Planning Board in this Article IX.
[Amended 1-28-2015 by L.L. No. 1-2015]
[1]
Editor's Note: The Use Table is included as an attachment
to this chapter.
B.
Accessory uses or structures used in connection with a special permit or site plan use shall be subject to the same approval requirements as the principal structure or use. Accessory structures used in connection with an institutional use in the IC District are governed by the provisions in § 175-10J.
C.
Minor and major projects. In order to tailor the scope of a project
review to the scale of a project, applications are divided into two
categories, major and minor. In recognition of their lesser impact,
minor projects involve simpler application materials, a more streamlined
review process, and less detailed findings requirements, while major
projects undergo a more detailed and rigorous review procedure because
of their greater impact. The classification of major and minor only
applies to projects that require site plan or special permit review.
This classification system does not apply to development allowed by
right without review by the Planning Board, Zoning Board of Appeals,
or Town Board.
(1)
A minor project is a special permit or site plan application for
a project that does not exceed any of the following thresholds (over
a five-year period):
(a)
Construction of four multifamily dwelling units or a lodging
facility with six bedrooms.
(b)
Construction of facilities or structures for a nonresidential
use covering 3,000 square feet of building footprint.
(c)
Alteration of existing structures or expansion of such structures
by 1,000 square feet.
(d)
Conversion of existing structures totaling 5,000 square feet
to another use.
(e)
Alteration and active use of 10,000 square feet of land, with
or without structures.
(f)
Construction of a structure that is 50 feet in height above
average grade level (provided that it otherwise complies with this
chapter or is the subject of an area variance).
(2)
A major project is a special permit or site plan application exceeding
any of the minor project thresholds.
D.
In reviewing any project subject to special permit or site plan approval,
the reviewing board should consider "Putnam County Pathways: A Greenway
Planning Program Linking Putnam's Open Space, Historic, Cultural and
Economic Resources," as amended from time to time, as a statement
of land use policies, principles and guides.
Because the impact of special permit uses varies, the review
procedure and information required to be submitted for a special permit
varies depending upon whether it is a major or minor project. The
numbers of copies of materials to be submitted shall be as required
under the procedural policies of the Planning Board.
A.
Major project special permit. An applicant for a major project special
permit shall submit the following:
(1)
A major project application form.
(2)
A site plan, containing the information listed in § 175-65B, unless submission of certain information has been waived at a preapplication meeting.
(3)
A narrative report describing how the proposed use will satisfy the criteria set forth in § 175-63, as well as any other applicable requirements relating to the specific use proposed.
(4)
A long-form environmental assessment form or draft environmental
impact statement.
(6)
The major project special permit application fee, as established
by the Town Board, and any required escrow deposit for review costs,
as required by the Planning Board.
(7)
A letter from the Zoning Administrative Officer stating that there
are no outstanding zoning violations on the property.
B.
Minor project special permits. An applicant for a minor project special
permit shall submit the following:
(1)
A minor project application form.
(2)
A plot plan providing information sufficient to enable the reviewing board to make an informed decision (which may include some of the site plan information listed in § 175-65B).
(3)
A brief narrative describing the proposed use.
(4)
A short-form environmental assessment form (EAF) (unless the Planning
Board determines that the proposed special permit is a Type I action,
in which case a long-form EAF shall be required).
(6)
The minor project application fee as established by the Town Board,
and an escrow deposit (if required).
(7)
A letter from the Zoning Administrative Officer stating that there
are no outstanding zoning violations on the property.
A.
Preapplication meetings. Before filing an application, a preliminary
conference with the Zoning Administrative Officer and/or the Town
Planner is required to discuss the nature of the proposed use and
to classify it as a major or minor project. If the Zoning Administrative
Officer classifies the project as a major project, a preliminary meeting
with the Planning Board is required to discuss the nature of the proposed
use and to determine the information that will need to be submitted
in the site plan.
B.
Mediation option. At any point in a project review process the Planning
Board may, if it deems appropriate and the parties consent, appoint
a mediator to work informally with the applicant, neighboring property
owners, and other interested parties to address concerns raised about
the proposed special permit use. Any party may request mediation.
Such mediation may be conducted by any qualified and impartial person
acceptable to the parties and the Planning Board. The mediator shall
have no power to impose a settlement or bind the parties or the Planning
Board, and any settlement reached shall require Planning Board approval
to assure compliance with all provisions of this chapter. With the
applicant's written consent, the cost, if any, of such mediation may
be charged to the applicant. Such cost may also be paid by the Town,
or shared by other parties with their written consent.
C.
Application.
(1)
Application for a special permit shall be made to the Planning Board
in the manner prescribed by the Board. The Planning Board's consultant
or designated Town employee shall make the initial determination as
to whether or not the application is complete for the purpose of accepting
it for review.
(2)
If an application is for a parcel or parcels on which more than one
use requiring a special permit 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 determining whether the application is a major or
minor project, and for SEQRA compliance, all proposed uses on a single
parcel or on contiguous or related parcels under single or related
ownership shall be considered together.
(3)
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special permit contains one or more features which do not comply with the dimensional requirements of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 175-59F without a decision or determination by the Zoning Administrative Officer.
D.
State Environmental Quality Review Act (SEQRA) compliance. Upon receipt
of application materials it deems complete, the Planning Board shall
initiate the New York State Environmental Quality Review process 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. 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.
E.
Referral to Putnam County Department of Planning and Development
and Town Conservation Board.
(1)
Upon receipt of application materials it deems to be complete, the
Planning Board shall refer to the Putnam County Department of Planning
and Development any application for a special permit affecting real
property within 500 feet of the boundary of the Town of Philipstown,
the boundary of any existing or proposed county or state park or other
recreational area, the boundary of any existing or proposed county
or state roadway, the boundary of any existing or proposed right-of-way
for a stream or drainage channel owned by the county for which the
county has established channel lines, the boundary of any existing
or proposed county- or state-owned land on which a public building
or institution is situated, or the boundary of a farm operation within
an agricultural district as defined in Article 25-AA of the Agriculture
and Markets Law, pursuant to General Municipal Law, Article 12-B,
§§ 239-1 and 239-m, as amended.
(2)
No action shall be taken on applications referred to the Putnam County
Department of Planning and Development until its recommendation has
been received, or until 30 days have elapsed after its receipt of
the complete application, unless the county and Town agree to an extension
beyond the thirty-day requirement for the Putnam County Department
of Planning and Development's review.
(3)
County disapproval. A majority-plus-one vote of the Planning Board
shall be required to grant any special permit which receives a recommendation
of disapproval from the Putnam County Department of Planning and Development
before the Planning Board takes action. The Planning Board shall by
resolution set forth its reasons for such contrary action.
(4)
Upon receipt of application materials it deems to be complete, the
Planning Board shall also refer to the Town's Conservation Board any
application for a major project special permit or any application
for a minor project special permit located within the OSO, WSO, SPO,
or FPO Districts, or within a ridgeline and hillside protection area,
together with any SEQR documents submitted with the application. The
Conservation Board shall have 30 days to report its recommendations
to the Planning Board after which time the Planning Board may act
without receiving a recommendation. The Planning Board shall take
the Conservation Board's recommendations into consideration and if
it does not follow such recommendations, it shall provide a written
explanation of its reasons for not doing so.
[Amended 9-7-2011 by L.L. No. 4-2011; 10-3-2013 by L.L. No.
6-2013]
F.
Notice and hearing.
(1)
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 special permit 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.
(2)
The Planning Board shall hold a public hearing on a complete special
permit application within 62 days of its submission. The Board shall
publish notice of such hearing in the official newspaper at least
five days prior to the date thereof. The Board shall also send notices
of the hearing by first-class mail to owners of properties within
200 feet of the property boundary as shown on the most recently adopted
Tax Assessment Roll. This notice requirement to surrounding owners
may be modified by the Planning Board, at the applicant's request,
in the case of properties of greater than 50 acres where only a small
area is being disturbed. In such cases, notification must be sent
to owners of land lying within 1,500 feet of the proposed area of
land disturbance and within 200 feet of the parcel's road frontage.
If the application is for a property located within 500 feet of the
boundary of an adjacent municipality, notice of the hearing shall
be sent to the Clerk of the adjacent municipality by mail or electronic
transmission at least 10 days prior to such hearing, and such adjacent
municipality may appear and be heard. The cost of giving all notices
shall be charged to the applicant.
[Amended 11-20-2012 by L.L. No. 3-2012]
(3)
For projects classified as major special permits or major site plans,
the applicant shall post a notice on a sign purchased from the Town
Clerk stating that there is a pending application on the property,
and providing the date, time, and place of the hearing, the place
and times the application may be reviewed by the public, and a telephone
number to call for further information. This sign shall be posted
in public view in a conspicuous location within three days after the
Planning Board establishes a public hearing date, shall be updated
if more hearing dates are scheduled, and shall remain in place until
the day after the hearing is closed.
G.
Action.
(1)
The Planning Board shall grant, deny, or grant subject to conditions the application for a special permit within 62 days after the hearing for a major project and within 31 days for a minor project. Any decision on a major project shall contain written findings explaining the rationale for the decision in light of the standards contained in § 175-63 below. The time periods above may be extended by the Planning Board with the applicant's consent.
(2)
In granting a special permit, the Planning Board may impose any conditions which it considers necessary to fulfill the purposes of this chapter. These conditions may include increasing minimum or decreasing maximum dimensional or area requirements, requiring the set-aside of perpetual open space land pursuant to § 175-20, specifying location, character, and number of vehicle access points, requiring landscaping, planting, and screening, requiring clustering of structures and uses in order to preserve environmental resources and minimize the burden on public services and facilities, 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 conditions imposed.
(3)
Every decision on a special permit shall be filed in the office of
the Town Clerk within five business days after the decision is rendered
and shall be a public record. A copy thereof shall be placed in the
permanent file of the property and shall also be mailed to the applicant
within the same five-day period.
H.
Expiration, revocation, and enforcement.
(1)
A special permit shall expire if the special permit use or uses do
not commence or cease for more than 24 consecutive months for any
reason, if the applicant fails to obtain any necessary building permits
or fails to comply with the conditions of the special permit within
12 months of its issuance, or if its time limit expires without renewal.
The Planning Board may grant an extension upon request by the applicant
for good cause shown.
(2)
A special permit may be revoked by the Planning Board if the permittee
violates the conditions of the special permit or engages in any construction
or alteration not authorized by the special permit.
In granting or denying special permits, the Planning Board shall
take into consideration the scale of the proposed project and its
potential impact on the functioning of nearby farm operations. The
Planning Board shall also take account of any proposed conservation
easements, architectural restrictions, or other measures that would
tend to mitigate potential adverse impacts and preserve or enhance
the scenic and historic character of the Town. No special permit shall
be granted for any property on which there exists a violation of this
chapter, including a violation of any condition of a previous municipal
approval, unless the Planning Board finds that the applicant has no
legal right or ability to remedy the violation or that the grant of
a special permit is necessary to remedy a condition that poses a risk
to public health or safety.
A.
Minor projects. A minor project shall be presumed to be acceptable if it complies with applicable health laws and other specific provisions of this chapter. In order to grant a minor project special permit, the Planning Board must make a general finding that none of the criteria for major projects listed in Subsection B below will be violated. The Planning Board shall deny a minor project special permit if it determines that one or more of these criteria will be violated.
B.
Major project criteria. Before granting or denying a major project
special permit, the Planning Board shall make specific written findings
establishing whether or not the proposed major project:
(1)
Will comply with all land use district, overlay district, and other
specific requirements of this and other chapters and regulations,
and will be consistent with the purposes of this chapter and of the
land use district in which it is located.
(2)
Will not result in excessive off-premises noise, dust, odors, solid
waste, or glare, or create any public or private nuisances.
(3)
Will not cause significant traffic congestion, impair pedestrian
safety, or overload existing roads, considering their current width,
surfacing, and condition, as well as any improvements proposed to
be made to them by the applicant.
(4)
Will be accessible to fire, police, and other emergency vehicles.
(5)
Will not overload any public water, drainage, sewer system, or any
other municipal facility.
(6)
Will not materially degrade any watercourse or other natural resource
or ecosystem and will not endanger the water quality of an aquifer.
(7)
Will be suitable for the property on which it is proposed, considering
the property's size, location, topography, vegetation, soils, natural
habitat, hydrology, and, if appropriate, its ability to be buffered
or screened from neighboring properties and public roads.
(8)
Will be subject to such conditions on operation, design and layout
of structures, and provision of buffer areas as may be necessary to
ensure compatibility with surrounding uses and to protect the natural,
historic, and scenic resources of the Town.
(9)
Will be consistent with the goal of concentrating retail uses in
hamlets, avoiding strip commercial development, and buffering nonresidential
uses that are incompatible with residential use.
(10)
Will not adversely affect the availability of affordable housing
in the Town.
(12)
If the property is in a residential district, will have no greater
overall off-site impact than would full development of the property
with uses permitted by right, considering relevant environmental,
social, and economic impacts.
The terms and conditions of any special permit may be amended
in the same manner as required for the issuance of a special permit,
following the criteria and procedures in this section. Any enlargement,
alteration, or construction of accessory structures not previously
approved shall require site plan review only, provided that the use
does not change.
A.
Applicability.
(1)
Site plan approval by the Planning Board shall be required for all
permitted uses listed on the Use Table[1] as requiring site plan approval only. Site plan review
shall be included as an integral part of the special permit approval
process and no separate site plan approval shall be required for uses
requiring a special permit.
[1]
Editor's Note: The Use Table is included at the end of this
chapter.
(2)
The procedures for review of site plans for major and minor projects (as defined in Article XII) are described in §§ 175-66 and 175-67. Agricultural structures with a footprint of over 15,000 square feet shall require minor project site plan approval. Agricultural structures with a footprint of 15,000 square feet or less are exempt from site plan approval requirements.
[Amended 10-3-2013 by L.L. No. 6-2013]
(3)
Site plan approval shall also be required 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 Land Development Law (Chapter 112 of the Town Code) as well as the provisions of this chapter.
B.
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. Minor project site plans shall contain the information required by § 175-67C and other information listed below if the Planning Board deems such information necessary to conduct an informed review. Major project site plans shall be prepared by a licensed professional engineer, architect, surveyor, or landscape architect, and shall include the following (unless waived):
(1)
A location map drawn at the scale of 2,000 feet to the inch or larger
(or other convenient scale acceptable to the Planning Board) that
shows the relationship of the proposal to existing community facilities
which affect or serve it, such as roads, shopping areas, schools,
etc. A vicinity map shall also be submitted that shows all properties,
subdivisions, streets, and easements within 500 feet of the property.
Such maps 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, and scale of
the plan. Name and address of the owner of record, developer, and
seal of the engineer, architect, surveyor, and/or landscape architect.
If the applicant is not the record owner, a letter of authorization
shall be required from the owner.
(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, 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 in compliance with § 175-39. In lieu of specific sign proposals in connection with the site plan submission, the applicant may submit and the Planning Board may approve a general sign plan and program for the premises, specifying intended locations, sizes, areas, message, design, and illumination.
(9)
The location of all present and proposed utility systems including:
(10)
Erosion and sedimentation control plan required by § 175-32 to prevent the pollution of surface 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 Board shall specify. All elevations
shall refer to the nearest United States Coastal and Geodetic Bench
Mark. 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 to satisfy the requirements of § 175-40N.
(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 one-quarter 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)
Part one of a long-form environmental assessment form or draft
environmental impact statement.
(20)
Where appropriate, a cultural resource survey of resources with
historic or archaeological significance.
(21)
A letter from the Zoning Administrative Officer stating either
that there are no outstanding zoning violations on the property or
that the requested site plan approval is needed in order to correct
a violation.
(22)
Other information that may be deemed necessary by the Planning
Board.
C.
Waivers. The Planning Board may waive or allow deferred submission of any of the information required in Subsection B above, as it deems appropriate to the application. Such waivers shall be discussed in the course of preapplication conferences. The Planning Board shall issue a written statement of waivers for all major projects. This statement shall be filed in the permanent record of the property.
D.
Criteria. In reviewing site plans, the Planning Board shall ensure that the application complies with all applicable provisions of this chapter, including the environmental performance standards in § 175-40. The Planning Board shall also apply the criteria set forth below. The Planning Board may also refer for nonbinding guidance to the three-volume set of illustrated design guidelines published by the New York Planning Federation in 1994, entitled "Hamlet Design Guidelines, Building Form Guidelines, and Rural Design Guidelines." The Planning Board may also refer to the Design Handbook, adopted by the Philipstown Planning Board, as advisory guidelines for the Route 9 Corridor as well as any other design guidelines that it adopts from time to time as nonbinding advisory material. In applying the criteria contained in this subsection and the reference documents above, the Planning Board shall take into consideration the location, character, and context of proposed development and adapt these criteria to the setting (e.g., rural, hamlet, institutional, suburban, industrial) as appropriate.
(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 wetland areas, 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. The Planning Board may require that an applicant prepare a conservation analysis as described in § 175-20A of this chapter.
(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)
Except for retail and service businesses that require visibility,
the visual impact of structures from public roads shall be minimized
through the use of vegetative screening, topography, and colors that
blend with the natural surroundings. 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. 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 but will not be required.
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 or adjacent
properties.
(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 or the Building Form Guidelines.
(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.
(i)
Buildings shall have a finished exterior on all sides.
(j)
Metal buildings that are principal buildings (larger than a
small storage building in an unobtrusive location) shall be of color
consistent with earth tones; shall have sufficient fenestration and
trim to break continuums of metal wall areas; and shall have brick,
stone, wood trim or composite materials providing a similar appearance,
and features combined with the basic metal enclosure. A complete package
of elevations shall accompany any proposal for a metal building.
(2)
Landscaping and screening. Landscaping shall be provided and permanently
maintained as follows:
(a)
All areas of the lot not covered by buildings and other structures,
outside storage and approved paving shall be suitably landscaped with
trees and/or shrubs, lawns or other suitable landscaping or shall
be left as natural terrain, if not disturbed by filling, grading or
excavation.
(b)
In the HC and OC Districts, a strip of land not less than 20
feet in width and located in the area required for a building setback
from a residence district boundary line, or all of such setback area
on the lot if less than 20 feet in width, shall be left and maintained
in its natural state if already wooded or shall be landscaped with
evergreen trees planted to grow into a dense evergreen buffer strip
within five years.
(c)
In the M District, a strip of land not less than 30 feet in
width and located in the area required for a building setback from
a residence district boundary line, or all of such setback area on
the lot if less than 30 feet in width, shall be left and maintained
in its natural state if already wooded or shall be landscaped with
evergreen trees planted to grow into a dense evergreen buffer strip
within five years.
(d)
Off-street parking and loading areas shall be provided with
landscaped planting islands within or border landscaping adjacent
to such area in such a manner as to enhance the appearance of the
area. Any parking area accommodating 20 or more cars shall be provided
with not less than one tree for each 20 cars or fraction thereof,
which trees shall be not less than three inches diameter at breast
height and 10 feet in height.
(e)
Landscaping, including grading, provided in the area required
for a building setback from the street line or center line of U.S.
Route 9 shall be of a type, size and height as to avoid obstruction
of minimum sight lines along the highway as well as from access driveways
onto the highway, whether located on the lot or any other lot, as
specified by the State Department of Transportation.
(f)
All landscaping materials shall be of a type and/or species
suitable for the location of the lot in the Town and suitable for
the soil conditions on the lot and shall be planted and maintained
in accordance with good landscaping practice. Landscaping 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.
(g)
All landscaping, including growing materials, that are specified
on an approved landscape plan for a site shall be well maintained
to carry out the intent of the landscape plan. Failure to maintain
healthy landscaping associated with a site plan approval will be a
violation of said approval.
(h)
Trees, shrubs and other plant materials which die or are otherwise
not in a condition to fulfill the approved landscape plan shall be
replaced in the next planting season by similar plant material.
(i)
Fences and walls used for landscaping and screening shall be
made of natural materials such as wood, stone or brick or otherwise
effectively landscaped.
(j)
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.
(k)
Existing native tree stock eight or more inches in diameter
at breast height shall be protected and preserved to the 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, hedge rows, wetlands, and
woodlots shall be encouraged and included as a design element in the
development of the site.
(l)
If deemed appropriate for the site by the Planning Board, shade
trees at least six feet tall and two-inch caliper shall be planted
and maintained at twenty- 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/car
pool parking, and other facilities for alternatives to single occupancy
vehicle use shall be provided wherever possible.
(h)
In developments where links to schools, churches, shopping areas,
trails, greenbelts, and other public facilities are feasible, or where
a trail connection is recommended in the Comprehensive Plan or in
a Town Open Space 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(6).
(5)
Outside storage. Any areas for outside storage (including temporary
storage of waste materials; storage and display of merchandise, supplies,
machinery and other materials; and outside manufacture, processing
or assembling of goods; but excluding areas for parking of registered
motor vehicles in daily use) shall be shown on the site plan and located
and screened as follows:
(a)
In the HC and OC Districts, outside storage areas shall not extend into the area required for a building setback from a street line or from the center line of U.S. Route 9, as determined under § 175-30J, or from a residential district boundary line. Outside storage shall be enclosed (except for necessary access drives) by buildings and/or fences, walls, embankments or evergreen shrubs or trees so as to screen the storage area from view from any adjacent lot or any street. In no case shall the height of outside storage exceed the height of the approved screening. Screening shall be of a density as to be at least 75% effective in screening such view, at the time of occupancy, except that when evergreens are used, such height and density shall be achieved within five years after establishment of the outside storage area.
(b)
Outside storage on properties in the HC or OC Districts shall
not exceed 20% of the lot area located in such district.
(c)
In the M District, outside storage areas shall not extend into
the area required for a building setback from a property line, or
a residence district boundary line, and shall not exceed 15% of the
lot area located in the M District.
(6)
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)
Drainage of the site shall recharge groundwater to the extent
practicable. The peak rate of surface water flowing off site shall
not increase above predevelopment conditions and shall not adversely
affect drainage on adjacent properties or public roads.
(c)
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.
(d)
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 D(6)(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.
(e)
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 trees and large
shrubs.
B.
Preapplication meetings. Before filing an application, a preliminary
conference with the Zoning Administrative Officer and one Planning
Board member designated by the Planning Board Chair is required to
discuss the nature of the proposed use and to classify it as a major
or minor project. If the Zoning Administrative Officer classifies
the project as a major project, a preliminary conference with the
Planning Board is required to discuss the nature of the proposed use
and to determine the information that will need to be submitted in
the site plan.
C.
Submission. All major project site plans shall be submitted, with
multiple copies as required by the Planning Board, to the Zoning Administrative
Officer, who shall distribute them to the Planning Board and such
other municipal boards, officials, and consultants as the Planning
Board deems appropriate. The Planning Board's consultant or a designated
Town employee shall make the initial determination as to whether or
not the application is complete for the purpose of accepting it for
review. In addition to the site plan drawings, the applicant shall
submit:
D.
Application for area variance. Where a proposed site plan contains one or more features which 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 § 175-59F without a decision or determination by the Zoning Administrative Officer.
E.
SEQRA compliance. Upon receipt of application materials it deems
complete, the Planning Board shall initiate the New York State Environmental
Quality Review process 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. 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.
F.
Public hearing and decision.
(2)
Criteria for decisions on site plans shall be limited to those listed in § 175-65D. In granting site plan approval, the Planning Board may impose any conditions which it considers necessary to fulfill the purposes of this chapter. These conditions may include increasing dimensional or area requirements, requiring the set-aside of perpetual open space land pursuant to § 175-20, specifying location, character, and number of vehicle access points, requiring landscaping and/or screening, requiring clustering of structures and uses in order to preserve environmental resources and minimize the burden on public services and facilities, and/or requiring performance guarantees to insure the completion of the project in accordance with the conditions imposed.
(3)
A copy of the decision shall be immediately filed in the Town Clerk's
office and mailed to the applicant. A resolution of either approval
or approval with modifications and/or conditions shall include authorization
to the Planning Board Chairman to stamp and sign the site plan upon
the applicant's compliance with applicable conditions and the submission
requirements stated herein.
(4)
If the Planning Board's resolution includes a requirement that modifications
be incorporated in the site plan, conformance with these modifications
shall be considered a condition of approval. If the site plan is disapproved,
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 procedure for minor project site plan approval by the Planning Board shall be the same as prescribed in § 175-66 for major projects, except for the following:
A.
A short-form environmental assessment form (EAF) will normally be
required. If the application is classified as a "Type I" action under
the State Environmental Quality Review Act, a long-form EAF shall
be required. The Planning Board, at its discretion, may require the
long-form environmental assessment form for any application categorized
as "unlisted" under SEQRA.
B.
A minor project application fee established by the Town Board shall
be paid, and an escrow deposit may be required to cover review costs
at the discretion of the Planning Board.
C.
A minor project site plan application shall contain the following information. For nonagricultural structures, the Planning Board may request additional information listed in § 175-65B if the Board deems it essential to conduct an informed review. Minor project site plan application materials may be prepared by a licensed professional engineer, surveyor, architect, or landscape architect, but the Planning Board shall not require this unless the services of such professionals are necessary to provide accurate information or are otherwise required by law.
(1)
A sketch of the parcel on a location map (e.g., a tax map) showing
boundaries and dimensions of the parcel and identifying contiguous
properties that are within 200 feet of the proposed structure and
any known easements or rights-of-way and roadways.
(2)
Existing features of the site lying within 200 feet of the proposed
structure, including land and water areas, water or sewer systems,
and the approximate location of all structures within 200 feet of
the proposed structures.
(3)
The proposed location and arrangements of structures and uses on
the site, including means of ingress and egress, parking, and circulation
of traffic.
(4)
A sketch of any proposed structures (including signs), showing exterior
dimensions and elevations of front, side, and rear views; copies of
available blueprints, plans, or drawings.
(5)
A concise description of the project describing the intended use
of proposed structures (including signs) and any changes in the existing
topography and natural features.
(6)
The name and address of the applicant and any professional advisors,
and the authorization of the owner if the applicant is not the owner.
(7)
If the parcel contains a stream, wetland, or floodplain, a copy of
the floodplain map and wetland map that corresponds with the boundaries
of the property.
D.
No public hearing is required for a minor project site plan. The Planning Board may, in its sole discretion, hold a public hearing following the procedures in § 175-66F. If no public hearing is held, the Planning Board shall give notice to the Putnam County Department of Planning and Development and to farm operators as required in § 175-62E and F and render a decision within 45 days of its receipt of a complete site plan application. In order to approve a minor project site plan, the Planning Board must find that the proposal is generally consistent with the criteria in § 175-65D and will not adversely affect neighboring properties. At the discretion of the Planning Board, a minor project site plan may be referred to the Conservation Board if it is located within the OSO, WSO, SPO, or FPO Districts, or within a ridgeline and hillside protection area. The Conservation Board shall have 20 days to report its recommendations to the Planning Board after which time the Planning Board may act without receiving a recommendation. The Planning Board shall take the Conservation Board's recommendations into consideration and if it does not follow such recommendations, it shall provide a written explanation of its reasons for not doing so.
[Amended 9-7-2011 by L.L. No. 4-2011; 10-3-2013 by L.L. No.
6-2013]
A.
Within six months after receiving approval of a site plan, with or
without modifications, the applicant shall submit multiple copies
of the site plan, as determined by the Planning Board, for stamping
and signing. The site plan submitted for stamping shall conform strictly
to the site plan approved by the Planning Board, except that it shall
further incorporate any required revisions or other modifications
and shall be accompanied by the following additional information:
(1)
Record of application for and approval status of all necessary permits
from federal, state, and county officials.
(2)
Detailed sizing and final material specification of all required
improvements.
(3)
An estimated project construction schedule. If a performance guarantee pursuant to Subsection B is to be provided by the applicant for all or some portion of the work, a detailed site improvements cost estimate shall be included.
(4)
Proof of payment of the Planning Board's reasonable review costs.
(5)
Upon stamping and signing the site plan, the Planning Board shall
forward copies of the approved site plan to the Zoning Administrative
Officer and the applicant. The Zoning Administrative Officer may then
issue a building permit. A certificate of occupancy may only be issued
if the project conforms to all applicable requirements of the site
plan approval.
B.
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 performance guarantee shall be posted in accordance
with the procedures specified in § 277 of the Town Law relating
to subdivisions. The amount and sufficiency of such performance guarantee
shall be determined by the Town Board after consultation with the
Planning Board, Town Attorney, Zoning Administrative Officer, other
local officials, and its consultants.
C.
As-built plans and inspection of improvements. No certificate of occupancy shall be granted until the applicant has filed a set of as-built plans with the Zoning Administrative Officer, indicating any deviations from the approved site plan. The Zoning Administrative Officer shall be responsible for ensuring compliance with the site plan approval and for the inspection of site improvements, including coordination with the Town's consultants and other local officials and agencies, as may be appropriate, and shall grant a certificate of occupancy upon a finding that the project as built complies in all material respects with the site plan. The Zoning Administrative Officer shall also have the authority to inspect soil mines for compliance with conditions authorized by § 175-17.2D throughout the life of the mine. Costs of any required inspections may be charged to the applicant as provided in § 71-3 of the Town Code.
D.
Site plan amendments. An approved site plan may be amended by filing
an application with the Planning Board for a site plan amendment.
(1)
If the Planning Board finds that such proposed amendment is consistent
with the terms of any applicable special permit approval (or if no
special permit is required) and does not represent a substantial change
from the approved site plan, it shall grant the amendment without
a hearing.
(2)
If the Planning Board determines that the proposed amendment is consistent with the terms of the applicable special permit approval (or if no special permit is required), but is a substantial change from the approved site plan, it shall follow the procedures for site plan approval contained in § 175-66F and hold a public hearing if the amendment would be considered to be a major project.
(3)
If the Planning Board determines that the proposed amendment is inconsistent with the terms of any special permit approval, it shall consider the application to be one for a special permit amendment and proceed pursuant to § 175-62.
(4)
Notwithstanding any other provision of this chapter, in considering
any site plan amendment or any site plan approval for an existing
use or structure, the Planning Board shall be limited to reviewing
proposed changes and shall not require changes to any structures or
conditions on the property legally in existence prior to such application,
even if such structures or conditions are nonconforming.
E.
Expiration, maintenance, and enforcement.
(1)
Site plan approval shall expire if the applicant fails to obtain
any necessary building permits, fails to comply with the conditions
of the site plan approval, or fails to initiate the use within 24
months of its issuance, or if the special permit with which it is
associated expires. The Planning Board may grant a one-time six-month
extension, and additional extensions, upon a showing of hardship or
extenuating circumstances.
(2)
All required site improvements and landscaping shall be properly
installed and continuously maintained.
(3)
Any violation of the conditions of a site plan approval shall be
deemed a violation of this chapter, and shall be subject to enforcement
action as provided herein.
