[HISTORY: Adopted by the Town Board of the Town of Coeymans 12-12-2011 by L.L. No.
1-2011. Amendments noted where applicable.]
This chapter shall be known as "The Site Plan Review Law."
[Amended 2-25-2020 by L.L. No. 1-2020]
The Town of Coeymans Planning Board/Zoning Board of Appeals
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/Zoning Board
of Appeals prior to the issuance of any building permit.
[Amended 2-25-2020 by L.L. No. 1-2020]
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.
Projects exempt from site plan review include:
[Amended 2-25-2020 by L.L. No. 1-2020]
In acting on any site plan application, the Planning Board/Zoning
Board of Appeals, 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/Zoning
Board of Appeals 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.
[Amended 2-25-2020 by L.L. No. 1-2020]
B.
Conceptual site plan submissions shall present a flexible design
concept that may be readily changed by the Planning Board/Zoning Board
of Appeals and shall contain adequate information as required for
site plan review to assist the Planning Board/Zoning Board of Appeals
in determining the feasibility of the project. The Planning Board/Zoning
Board of Appeals 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.
[Amended 2-25-2020 by L.L. No. 1-2020]
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/Zoning Board of Appeals. 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.
[Amended 2-25-2020 by L.L. No. 1-2020]
C.
The checklist provided with the site plan review application shall
be reviewed and then submitted to the Planning Board/Zoning Board
of Appeals by the applicant along with the completion agreement.
[Amended 2-25-2020 by L.L. No. 1-2020]
E.
Applicant shall complete the project within 180 days of approval.
Applicant may request one ninety-day extension.
[Amended 2-25-2020 by L.L. No. 1-2020]
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/Zoning Board of Appeals 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/Zoning
Board of Appeals shall notify the applicant of the incomplete status
of the application upon review.
A.
Except those applications for which the Planning Board/Zoning Board
of Appeals has waived site plan review, the Planning Board/Zoning
Board of Appeals shall issue a notice of completed application to
the applicant upon determining the site plan to be complete.
[Amended 2-25-2020 by L.L. No. 1-2020]
B.
Within 62 days of a complete application, the Planning Board/Zoning
Board of Appeals 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.
[Amended 2-25-2020 by L.L. No. 1-2020]
C.
The Planning Board/Zoning Board of Appeals shall make a determination
for final site plan approval within 62 days of the closing of the
public hearing. The Planning Board/Zoning Board of Appeals shall a
render a decision or they may mutually extend the time frame by consent
of the applicant and the Planning Board/Zoning Board of Appeals.
[Amended 2-25-2020 by L.L. No. 1-2020]
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.
[Amended 2-25-2020 by L.L. No. 1-2020]
A.
Any amendment of a final site plan previously approved by the Planning
Board/Zoning Board of Appeals shall be subject to the same approval
procedure as provided by this chapter.
B.
The Planning Board/Zoning Board of Appeals 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.
[Amended 2-25-2020 by L.L. No. 1-2020]
The Town of Coeymans Planning Board/Zoning Board of Appeals
shall bear sole and final authority in its decisions pursuant to this
chapter. Decisions of the Planning Board/Zoning Board of Appeals 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.
This chapter shall take effect 20 days after it is filed as
provided in § 27 of the Municipal Home Rule Law.
