The purpose of this article is to allow the proper integration into the community of uses listed in Article
V of this chapter which may be suitable within a zoning district only on certain conditions and only at appropriate locations. Because of their characteristics or the special characteristics of the area in which they are to be located, these uses require special consideration so that they may be properly located and planned with respect to:
A. The objectives of this chapter.
B. Their effect on surrounding properties.
C. The ability of the Town to accommodate the growth resulting from
the proposed use without undue adverse effect on the Town and its
citizens and taxpayers, and the protection of health, safety and welfare
of the Town and its citizens.
[Amended 3-13-2000 by L.L. No. 4-2000]
A land use or development involving a use listed in Article
V as site plan review or in Article
VI hereof shall not be undertaken unless and until the Planning Board has approved or approved with conditions such use and the Code Enforcement Officer has issued a required permit for such land use or development pursuant to the terms of Article
IX hereof.
In accordance with § 274-a of the Town Law, the Planning
Board is authorized to review and approve, approve with modifications
or disapprove site plans prepared to specifications set forth in this
chapter and in regulations of the Planning Board showing the arrangement,
layout and design of the proposed use of the land shown on such plan.
[Amended 3-13-2000 by L.L. No. 4-2000]
Application for project approval shall be made to the Code Enforcement Officer using forms supplied by the Officer. Applications shall include reasonably sufficient information for the Officer to make his or her finding under §
280-54 of this chapter and shall be submitted in 10 copies.
[Amended 3-13-2000 by L.L. No. 4-2000]
A sketch plan conference may be held at the advice of the Code
Enforcement Officer between the Planning Board, or its designee, and
the applicant prior to the preparation and submission of a formal
site plan application. The intent of such conference is to enable
the applicant to inform the Planning Board of his proposal prior to
the preparation of a detailed site plan and for the Planning Board
to review the basic site design concept, advise the applicant as to
potential problems and concerns and to generally determine the information
to be required on the site plan. In order to accomplish these objectives,
the applicant should provide the following:
A. A statement and rough sketch showing the locations and dimensions
of principal and accessory structures, parking areas, access signs
(with descriptions), existing and proposed vegetation and other planned
features, 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. A sketch or map of the area which clearly shows the location of the
site with respect to nearby street rights-of-way, properties, easements
and other pertinent features.
C. A topographic or outdoor map of adequate scale and detail to show
site topography.
In order to approve any site plan review use, the Planning Board
shall find that:
A. The use complies with all other requirements of this chapter, including
the dimensional regulations of the zoning district in which it is
proposed to be located.
B. The use would be in harmony with the general purpose and intent of
this chapter, specifically taking into account the location, character
and size of the proposed use and the description and purpose of the
district in which such use is proposed, the nature and intensity of
the activities to be involved in or conducted in connection with the
proposed use, and the nature and rate of any increase in the burden
of supporting public services and facilities which will follow the
approval of the proposed use.
C. The establishment, maintenance or operation of the proposed use would
not create public hazards from traffic, traffic congestion or the
parking of automobiles or be otherwise detrimental to the health,
safety or general welfare of persons residing or working in the neighborhood
of such proposed use or be unduly detrimental or injurious to the
property and improvements in the neighborhood or to the general welfare
of the Town.
D. The project would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Town or upon the ability of the public to provide supporting facilities and services made necessary by the project, taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the project. In making this determination, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein, and in so doing, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in §
280-56 of this article.
The following are those factors which relate to potential for
adverse impact upon the natural, scenic, aesthetic, ecological, wildlife,
historic, recreational or open space resources of the Town of Kingsbury.
These factors, listed above, shall be considered, as provided in this
chapter, before any site plan review project is undertaken in the
Town. Any burden on the public in providing facilities and services
made necessary by such land use and development or subdivision of
land shall also be taken into account, as well as any commercial,
industrial, residential, recreational or other benefits which might
be derived therefrom.
A. Natural resource considerations shall be as follows:
(1) Water.
(b)
Natural sedimentation or siltation.
(d)
Existing drainage and runoff patterns.
(e)
Existing flow characteristics.
(f)
Existing water table and rates of recharge.
(2) Land.
(c)
Floodplain and flood hazard.
(e)
Viable agricultural soils.
(i)
The quality and availability of land for outdoor recreational
purposes.
(5) Critical resource areas.
(a)
Rivers and corridors of rivers designated to be studied as wild,
scenic or recreational in accordance with the Environmental Conservation
Law.
(c)
Habitats of rare and endangered species and key wildlife habitats.
(e)
Unique features, including gorges, waterfalls and geologic formations.
(7) Aesthetics.
(b)
Natural and man-made travel.
B. Historic site considerations shall be as follows:
(1) Historic factors.
(a)
Historic sites or structures.
C. Site development considerations shall be as follows:
(1) Natural site factors.
(d)
Depth to groundwater and other hydrological factors.
(2) Other site factors.
(a)
Adjoining and nearby land uses.
(b)
Adequacy of site facilities.
D. Governmental considerations shall be as follows:
(1) Governmental service and finance factors.
(a)
Ability of government to provide facilities and services.
(b)
Municipal school or special district taxes or special district
user charges.
E. Governmental review considerations shall be as follows:
(1) Governmental control factors.
(a)
Conformance with other governmental controls.