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Town of Coeymans, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Coeymans 12-12-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 34.
Subdivision of land — See Ch. 145.
Zoning — See Ch. 165.
This chapter shall be known as "The Site Plan Review Law".
The Town of Coeymans Planning Board is hereby authorized pursuant to Town Law § 274-a and the Municipal Home Rule Law § 10 to review and approve site plans as provided in this chapter.
The site plan review procedures and requirements of this chapter are intended to achieve the following:
A. 
Achieve efficient use of the land.
B. 
Protect natural, archaeological and historical resources.
C. 
Provide a consistent and uniform method of review of certain proposed use(s) and development plans.
D. 
Ascertain that any significant redevelopment complies with current standards.
E. 
Review adverse impact on adjoining or nearby properties.
F. 
Retain rural and natural resources with a clean and attractive environment as well as continued development of the economy of the town and the general welfare of its inhabitants.
G. 
Conform to the Comprehensive Plan and Zoning requirements, as amended, of the Town of Coeymans.
H. 
Create an accurate record of approved development.
Projects requiring site plan review and approval include:
A. 
The construction of any new structures, development of any new use(s), and all other building or development activities shall require site plan approval from the Town of Coeymans Planning Board prior to the issuance of any building permit.
B. 
Site plan review shall also be required for the resumption of any use discontinued or not used for more than one year, or for the expansion of any existing use. "Expansion" shall include a floor space increase of 25% or more within any one-year period, or the introduction of new materials or processes not previously associated with the existing use.
C. 
All projects which require a special use permit or use variance by Chapter 165, Zoning, of the Town of Coeymans and amendments thereto.
Projects exempt from site plan review include:
A. 
Any construction, moving, relocating or structurally altering a single-family dwelling or two-family dwellings; also any incidental accessory structures thereto.
B. 
Any construction, moving, relocating or structurally altering agricultural-use-only structures.
In acting on any site plan application, the Planning Board, in addition to all other applicable laws, shall consider the following:
A. 
Traffic patterns (ingress and egress).
B. 
Pedestrian safety and access.
C. 
Parking and loading areas.
D. 
Screening and landscaping.
E. 
Environmental air quality.
F. 
Fire protection equipment.
G. 
Drainage/stormwater runoff.
H. 
Refuse disposal.
I. 
Location and placement of signs.
J. 
Location and dimension of buildings.
K. 
Impact of the proposed use on adjacent land uses.
L. 
Snow removal.
M. 
Location design and all construction materials of all utilities, energy and communications distribution facilities including gas, solar, wind energy, telephone, cable, water and sewer.
N. 
Impact of the proposed use on both on-site and off-site infrastructure.
O. 
Effects of smoke, noise, glare, vibration, odors and/or other noxious and offensive conditions, if any.
P. 
Effects on historical properties listed on the national, state or historical registers, if any.
Q. 
Effects of other cultural, archaeological and historical resources of the Town, if any.
A. 
An applicant may request a meeting with the Planning Board for the purpose of review and discussion of the proposed preliminary site plans for the purpose of determining the feasibility of the project. The request shall be put on the agenda of a regularly scheduled meeting upon proper application and payment of the established fee.
B. 
Conceptual site plan submissions shall present a flexible design concept that may be readily changed by the Planning Board and shall contain adequate information as required for site plan review to assist the Planning Board in determining the feasibility of the project. The Planning Board shall indicate its general acceptance of the proposed layout of buildings, roads, driveways, parking areas, other facilities, and of the general character of the proposed development.
C. 
Conceptual site plan submissions are likely to contain less detailed information than a final site plan submission; after review of the plan, there may be different results to consider. All review of conceptual site plans is tentative and subject to reconsideration upon submission and review of additional details provided in a final site plan.
The requirements for a final site plan review and approval shall include, but not be limited, to the following:
A. 
Submission of site plan application forms with payment of the required fee as established by the Town Board.
B. 
The site plan may require a plan drawn by a design professional if required by Planning Board. The scale shall be based of not more than 50 feet to the inch and shall be on an eleven-inch by seventeen-inch sheet.
C. 
The checklist provided with the site plan review application shall be reviewed and then submitted to the Planning Board by the applicant along with the completion agreement.
D. 
All Site Plans shall conform to the Town's Zoning Chapter 165 and amendments thereto.
E. 
Applicant shall complete the project within 180 days of approval. Applicant may request one ninety-day extension.
Submittals of site plans that do not contain the required information as set forth in this chapter or otherwise required are not considered complete and therefore not subject to review deadlines. Failure of the Planning Board to provide a decision in accordance with the time frames does not constitute approval or conveyance of a vested right for said development. The Planning Board shall notify the applicant of the incomplete status of the application upon review.
A. 
Except those applications for which the Planning Board has waived site plan review, the Planning Board shall issue a notice of completed application to the applicant upon determining the site plan to be complete.
B. 
Within 62 days of a complete application, the Planning Board shall schedule a public hearing and provide public notice of the hearing in the official newspaper at least five days prior to the date set for the public hearing.
C. 
The Planning Board shall make a determination for final site plan approval within 62 days of the closing of the public hearing. The Planning Board shall a render a decision or they may mutually extend the time frame by consent of the applicant and the Planning Board.
D. 
The decision of the Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant.
A. 
Any amendment of a final site plan previously approved by the Planning Board shall be subject to the same approval procedure as provided by this chapter.
B. 
The Planning Board may waive any of the procedural steps to the extent it deems appropriate for an application, provided that the amended site plan shall be formally submitted to amend and receives formal approval thereof, and the application to amend is submitted within two years of the date of the original approval.
The Town of Coeymans Planning Board shall bear sole and final authority in its decisions pursuant to this chapter. Decisions of the Planning Board shall be subject only to judicial review in the manner prescribed by law.
If any provisions of this chapter are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall remain in effect.
In the event that any provisions of any other Town of Coeymans local law, ordinance, or regulation are in conflict with the provisions of this chapter, those provisions only are hereby repealed.
A. 
Any person or persons, associations or corporations committing an offense against this chapter or any section or provision thereof is guilty of a violation and shall, upon conviction thereof, be subject to a fine not exceeding $250 or imprisonment not exceeding 15 days, or both.
B. 
In the event of a continuing offense of any section or provision of this chapter, each day that such offense shall continue shall be a separate violation and subject to a separate fine, imprisonment or combination thereof.
C. 
Notwithstanding a conviction for any offense against any provision or section hereof, an association or corporation convicted shall be subject to revocation of any permit therein granted without reimbursement of fees paid thereof.
D. 
In lieu of or in addition to any fine or imprisonment, or both, imposed for a conviction of an offense of the Chapter, each such offense may be subject to a civil penalty not to exceed $250 to be recovered in an action or proceeding in a court of competent jurisdiction. Each day an offense continues shall be subject to a separate civil penalty.
E. 
The Town Attorney may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with the Chapter, notwithstanding the provisions of Subsections A,B and C of this section, for a penalty or other punishment.
This chapter shall take effect 20 days after it is filed as provided in § 27 of the Municipal Home Rule Law.