[Amended 11-20-2017 by L.L. No. 3-2017]
A. Authorization of Planning Board. Pursuant to § 274-a of
the Town Law, the Planning Board shall review and approve, approve
with modifications or disapprove site plans prepared to the specifications
set forth herein showing the arrangement, layout and design of the
proposed physical improvements necessary for the use of the land on
said plan.
B. Applicability. Pursuant to Table 1 (Permitted Uses), no building permit shall be issued for the construction,
reconstruction, expansion or relocation of a structure on a lot in
any district until the Planning Board has approved, or approved with
modifications, a site plan for such improvement. Further, any change
of use of an existing structure or lot that results in an increase
or change in parking, an increase in impervious surface area, erection
of a new sign or proposed structural enlargement shall be subject
to site plan approval prior to issuance of a building permit.
C. Presubmission conference.
(1) A presubmission conference shall be required for any site plan. The
purpose of such conference is to clearly establish the extent and
degree of documentation necessary for the Planning Board to consider
an application to be complete, including the following:
(a)
To fully identify the physical and dimensional requirements
of the proposed use.
(b)
To establish those elements of Subsection
D below that shall be required for site development review.
(2) Any presubmission conference shall be held during a workshop or regular
meeting of the Planning Board and attended by the applicant, his/her
professional representative, the Code Enforcement Officer and/or consultants
retained by the Town.
(3) The applicant shall provide five copies of the following information
to the Planning Board for the presubmission conference:
(a)
A statement and rough sketch showing the locations and dimensions
of the principal and accessory structures, parking areas, access signs,
existing and proposed vegetation, anticipated changes in the existing
topography and natural features and, where applicable, measures and
features to comply with flood hazard and flood insurance regulations.
(b)
An area map showing the parcel under consideration for site
plan review, and all properties, subdivisions, streets, rights-of-way,
easements and other pertinent features within 200 feet of the boundaries
of the parcel.
(c)
A topographic or contour map of adequate scale and detail to
show site topography. The Planning Board shall have the discretion
to waive the provision of a topographical map in the event that the
applicant shall show that the contour of the subject matter parcel(s)
does not impact the project in any manner.
(d)
A sketch showing locations of natural features such as wetlands,
streams or lakes.
D. Application requirements. Within six months following a Planning
Board presubmission conference, the applicant shall prepare and submit
five duplicate copies of a complete application for site plan review
to the Code Enforcement Officer. If such application is not submitted
within this six-month period, an additional presubmission conference
may be arranged. Each of the following elements shall be included
in any site plan submitted for approval under this section and shall
bear the certification of a licensed engineer or architect:
(1) The applicant's name and address and his/her interest in the subject
property.
(2) The owner's name and address, if different than the applicant, and
the owner's signed consent to the filing of the application.
(3) The street address and legal description of the property.
(4) The zoning classification and present use of the subject property.
(5) The particular provision of this chapter requiring site plan approval.
(6) The proposed use or uses and a general description of the proposed
development.
(a)
A disclosure of interest form if required pursuant to General
Municipal Law § 809.
(b)
An agricultural data statement if required by the Agriculture
and Markets Law.
(7) A site plan drawn to scale of not less than 50 feet to the inch,
on one or more sheets, illustrating the proposed development and use
and including the following:
(a)
The boundary lines and dimensions of the subject property; existing
subdivision lots; available utilities; and easements, roadways, rail
lines and public rights-of-way crossing and within 500 feet of the
subject property.
(b)
Any proposed regrading of the subject property and any significant
natural, topographical or physical features of the property, including,
at least, watercourses, vegetation, marshes, trees in excess of four
inches in diameter and existing contours in excess of four feet in
100 feet, steep slopes.
(c)
The location, design, size, use and arrangement (including height
in stories and feet, floor area ratio, total floor area, total square
feet of ground area coverage, and number and size of dwelling units,
by number of bedrooms) of proposed buildings and existing buildings
which will remain, if any. Include elevation and facade treatment
plans of all proposed structures.
(d)
Minimum yard dimensions and, where relevant, relation of yard
dimensions to the height of any building or structure.
(e)
Location, dimensions and number of all vehicular and pedestrian
circulation elements, including streets and roadways, driveways, entrances,
exits, curbs, curb cuts, parking stalls, loading spaces and access
aisles; sidewalks, walkways and pathways, including slope and gradient
of vehicular elements; total lot coverage of all circulation elements,
divided between vehicular and pedestrian ways; and loading spaces,
as required. Approval of all necessary permits and curb cuts from
state and county officials shall be required prior to site plan approval.
(f)
All existing and proposed surface and subsurface drainage facilities,
including drains, culverts, retaining walls and fences, grading, and
a soil erosion and sediment control plan if required by the Department
of Environmental Conservation or by other local laws.
(g)
Description of method of sewage disposal and location of such
facilities.
(h)
Details of the proposed water supply system.
(i)
Location, design and size of all signs.
(j)
Location and design of lighting facilities, including pole height,
bulb type and wattage.
(k)
Location of outdoor storage, if any.
(l)
Location of proposed buffer areas.
(m)
Location and design of landscaping. All site plans shall include
a separate landscape plan for those portions of the site not covered
by buildings, structures, required off-street parking and loading
spaces, sidewalks or similar improvements. The landscaping plan shall
show those areas landscaped with trees, grass and plantings of such
type, height and location as may be necessary to harmoniously blend
the site with the character of the neighborhood and Town. All required
landscaping shall be installed and maintained in good condition.
(n)
Location and description of critical wildlife habitats, if any.
(o)
Location and description of any scenic views identified in the
Town of Athens Comprehensive Plan or subsequent viewshed studies.
(p)
Location of fire lanes and other emergency zones, including
the location of fire hydrants, if any.
(q)
Location, design and construction materials of all energy generation
and distribution systems.
(8) Identification of any permits from other governmental bodies required
for the project's execution and a record of applications and approval
status of all necessary permits from federal, state, county and local
agencies.
(9) State Environmental Quality Review Act (SEQRA) Environmental Assessment
Form.
(10)
If, in the opinion of the Planning Board, projects could have
traffic, visual or stormwater impacts, the applicant shall submit,
at his or her expense, traffic impact and drainage design reports,
or visual impact assessments.
E. Exceptions.
(1) For minor site development plans or minor modifications to approved site plans or in other appropriate circumstances as determined by the Planning Board, the Planning Board may waive the provision of any items of information listed in Subsection
D of this section. The Planning Board must state, in writing, its grounds for electing to conduct a less intensive review and file such statement along with the site plan application and supporting documents. Waivers shall be explicitly requested by the applicant, in writing, and expressly granted by the Planning Board. Requirements of this chapter may not be waived except as properly voted by the Planning Board.
(2) In the case of a use conversion which does not require additional
construction or site modifications, or in the case of minor changes
in existing conditions requiring a building permit, the Planning Board
may determine that the site plan procedures outlined in this section
are not applicable and may be waived. This determination shall be
made by the Planning Board after receipt of a recommendation from
the Code Enforcement Officer.
(3) At the request of the Planning Board, any other pertinent information
as may be necessary to determine and provide for the proper enforcement
of specific provisions of this chapter shall also be provided.
F. Standards for site plan review.
(1) The Planning Board's review of a site plan shall include, but is
not limited to, the following:
(a)
The character of the Town, neighborhood and values of surrounding
property are safeguarded.
(b)
The degree in which the proposal recognizes the assets and limitations
of the physical features of the site and protects important environmental
resources.
(c)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, channelization structures and
traffic controls and consistency with the Town and Village of Athens
Comprehensive Plan. The Planning Board may require use of coordinated
access points between parcels or between parking lots to facilitate
access and to decrease traffic congestion. Whenever possible, new
roads shall be built as connective throughways extending from existing
road networks.
(d)
The Planning Board may require site plan incorporation of pedestrian
and bicycle facilities. Adequacy and arrangement of pedestrian traffic
access and circulation, including separation of pedestrians from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and pedestrian convenience.
(e)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(f)
Location, arrangement, size and design of building, lighting
and signs and consistency with the rural character of Athens.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or a noise-deterring buffer between these
and adjoining lands. Natural vegetation, especially mature trees,
is encouraged to remain on the property. A landscaped buffer shall
be provided whenever a nonresidential use is proposed adjacent to
a residential use to visually screen and to decrease noise and other
impacts.
(h)
In the case of an apartment house or multiple dwelling, the
adequacy of usable open space for playgrounds and informal recreation.
(i)
Adequacy of stormwater and sanitary water disposal facilities.
(j)
Adequacy of structures, roadways and landscaping in areas with
moderate to high susceptibility to flooding and ponding and/or erosion.
(k)
Protection of adjacent properties against noise, glare, unsightliness
or other objectionable features.
(l)
Protection of agricultural resources, including prime soils
and soils of statewide significance.
(m)
Protection of critical wildlife habitats and preservation of
a diversity of habitats to support wildlife, especially those habitats
associated with streams.
(n)
Protection of stream-side vegetation and natural ecological
systems.
(o)
Protection of historical and natural resources that may be present
on the site. The proposed use shall be designed and shall be carried
out in a manner that protects historic and natural environmental features
on the site under review. In reviewing the plans, the Board shall
give consideration to the historic or architectural value and significance
of the structure and its relationship to the historic value of the
surrounding area.
(p)
Size and scale. The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
with the use, the size of the site in relation to the use, its site
layout and its relation to existing and future access streets shall
be consistent with the Town and Village of Athens Comprehensive Plan
and its primary goals of protecting community character and the environment.
(2) Reservation of parkland. Before the Planning Board may approve any
site plan containing residential units, such site plan shall also
show, when required by such Board, a park or parks suitably located
for playground or other recreational purposes.
(a)
The Planning Board shall not require land for park, playground
or other recreational purposes until it has made a finding that a
proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Town. Such findings shall include an evaluation of the present and
future needs for park and recreational facilities in the Town based
on projected population growth to which the particular site plan will
contribute.
(b)
In the event the Planning Board makes a finding pursuant to
the preceding subsection that the proposed site plan presents a proper
case for requiring a park or parks suitably located for playgrounds
or other recreational purposes, but that a suitable park or parks
of adequate size to meet the requirement cannot be properly located
on such site plan, the Planning Board may require a sum of money in
lieu thereof. In making such determination of suitability, the Board
shall assess the size and suitability of lands shown in the site plan
which could be possible locations for park or recreational facilities,
as well as practical factors, including whether there is a need for
additional facilities in the immediate neighborhood. Any monies required
by the Planning Board in lieu of land for park, playground or other
recreational purposes, pursuant to the provisions of this section,
shall be deposited by the Town to be used by the Town exclusively
for park, playground or other recreational purposes, including the
acquisition of property.
(c)
Notwithstanding the foregoing provisions, if the land included
in a site plan under review is a portion of a subdivision plat which
has been reviewed and approved pursuant to § 276 of the
Town Law, the Planning Board shall credit the applicant with any land
set aside or money donated in lieu thereof under such subdivision
approval. In the event of resubdivision of such plat, nothing shall
preclude the additional reservation of parkland or money donated in
lieu thereof.
G. Site plan review process.
(1) Compliance with SEQRA. The Planning Board shall act in accordance
with the State Environmental Quality Review Act ("SEQRA") regulations
set forth at six NYCRR Part 617, as amended. An application for a
site plan approval shall not be deemed complete for purposes of scheduling
a public hearing until the Planning Board or another involved agency
has completed its SEQRA environmental review.
(2) Consultant review. The Planning Board shall be authorized to retain the services of a consultant, including but not limited to an engineer, planner and attorney, to assist in the review of the application. Reasonable and necessary costs incurred by the Planning Board for professional review of an application shall be charged to the applicant pursuant to Chapter
153 of the Athens Town Code. The Planning Board may also consult with an engineer or other officials as well as with representatives of federal and state agencies, including the Greene County Soil and Water Conservation District, the United States Army Corps of Engineers and the Department of Environmental Conservation.
(3) Public hearing. The Planning Board shall hold a public hearing on
any site plan review.
(a)
Such hearing shall take place within 62 days from the date that
the Planning Board receives a complete application for site plan review.
(b)
The Planning Board shall mail notice of said hearing to the
applicant at least 10 days before said hearing and shall give public
notice of said hearing in a newspaper of general circulation in the
Town at least five days prior to the date thereof. Such public hearing
may include any SEQRA public hearing.
(4) Other referrals. The Planning Board shall comply with the provisions
of Article 12-B, §§ 239-1 and 239-m, of the General
Municipal Law, as amended, and refer to the Greene County Planning
Board all site plan applications that are within its jurisdiction
at least 10 days prior to the public hearing. An application for a
site plan review must also contain an agricultural data statement
if any portion of the project is located on property within a New
York State certified agricultural district or other property within
500 feet of a farm operation located in such agricultural district.
The agricultural data statement shall contain the name and address
of the applicant, a description of the proposed project and its location,
the name and address of any owner of land within the agricultural
district which contains farm property upon which the project is proposed,
and a tax map or other map showing the site of the proposed project
relative to the location of farm operations identified in the agricultural
data statement. The Planning Board shall evaluate the impact of the
proposal on existing agricultural operations. A written notice of
such application, including a description of the proposed project
and its location, shall be mailed to the owners of land as identified
by the applicant in the statement.
H. Planning Board action on site plan.
(1) The Planning Board shall make a decision on the application within
62 days after the close of the public hearing. In its decision the
Planning Board may approve, approve with modifications or disapprove
the site plan. The time period in which the Planning Board must render
its decision can be extended by mutual consent of the applicant and
the Planning Board.
(a)
Approval. Upon approval of the site plan, and payment by the
applicant of all fees and reimbursable costs due the Town, the Planning
Board shall endorse its approval on a copy of the site plan and shall
file it and a written statement of approval with the Town Clerk within
five business days after the decision is rendered. A copy of the written
statement of approval shall be mailed to the applicant by certified
mail, return receipt requested.
(b)
Approval with modifications. The Planning Board may conditionally
approve the final site plan. A copy of the written statement containing
the modifications required by the conditional approval will be mailed
to the applicant by certified mail, return receipt requested. After
adequate demonstration to the Planning Board that all conditions have
been met, and payment by the applicant of all fees and reimbursable
costs due the Town, the Planning Board shall endorse its approval
on a copy of the site plan and shall file it and a written statement
of approval with the Town Clerk. A copy of the written statement of
approval shall be mailed to the applicant by certified mail, return
receipt requested.
(c)
Disapproval. Upon disapproval of the site plan, the decision
of the Planning Board shall immediately be filed with the Town Clerk
and a copy thereof mailed to the applicant by certified mail, return
receipt requested, along with the Planning Board's reasons for disapproval.
I. Performance bonds. The applicant may be required to post performance
bonds pursuant to law in sufficient amounts and duration to assure
that all streets or other public places shown on the site plan shall
be suitably graded and paved and that street signs, sidewalks, streetlighting
standards, curbs, gutters, street trees, water mains, fire alarm signal
devices, including necessary ducts and cable or other connecting facilities,
sanitary sewers and storm drains or combined sewers shall all be installed
in accordance with the standards, specifications and procedures acceptable
to the appropriate Town departments.
J. Area variance. Where a proposed site plan contains one or more features
which do not comply with this chapter, application may be made to
the Zoning Board of Appeals for an area variance pursuant to this
chapter without the necessity of a decision of the Code Enforcement
Officer. In reviewing such application, the Planning Board shall provide
a written recommendation concerning the proposed variance to the Zoning
Board of Appeals.
(1) Such application shall be made part of the application for such site
plan approval.
(2) The fee for such application shall be in addition to that required
for said site plan approval.
K. Revocation and expiration of site plan approval.
(1) A site plan shall be void and the building permit, if any, shall
be revoked if substantial construction is not started within one year
and completed within two years of the site plan approval.
(2) The Planning Board may, at its discretion, after conducting a public
hearing, grant an extension to an approved site plan. The applicant
shall submit a written request 30 days prior to the expiration of
the site plan, explaining the reasons for and requesting an extension
for a specified time. In granting the extension, the Planning Board
may require revision of the previously approved site plan to comply
with current regulations and conditions.
(3) The Planning Board shall render a decision, in writing, to the applicant
and the other appropriate agencies within 62 days of closing the public
hearing; provided, however, that the time within which the Planning
Board must render its decision may be extended by mutual consent of
the applicant and the Planning Board.
L. Amendment of approved site plan. An approved site plan may be amended
at any time in the same manner and subject to the same standards and
limitations as provided in this section for original site plan approval.
M. Inspection of improvements; certificate of occupancy. No certificate
of occupancy shall be issued until all improvements shown on the site
plan are installed or a sufficient performance guarantee has been
posted for improvements not yet completed. The sufficiency of such
performance guarantee shall be determined by the Town Board after
consultation with the Planning Board, Code Enforcement Officer, Town
Attorney and other appropriate parties.
N. Appeals. Any person or persons jointly or severally aggrieved by
any decision of the Planning Board on a site plan approval application
may apply to the Supreme Court of the State of New York for relief
through a proceeding under Article 78 of the Civil Practice Law and
Rules of the State of New York. Such proceeding shall be governed
by the specific provisions of Article 78, except that the action must
be initiated as therein provided within 30 days after the filing of
the Board's decision in the office of the Town Clerk.