[Amended 4-3-2014 by L.L. No. 2-2014]
The site plan review process recognizes that some uses generally
suitable for location in a particular district are nevertheless capable
of adversely affecting the goals of this chapter. Characteristics
such as size, complexity or indicia of extraordinary impact upon the
surrounding neighborhood, therefore, require that careful consideration
is given to critical site design elements. It is the purpose of this
section to provide a vehicle for review of the developer's attention
to such elements.
The Planning Board shall review site plans prepared to specifications
set forth in this chapter regarding the arrangement, design and layout
of the proposed use of land and to specifications set forth in regulations
promulgated by the Planning Board. The Planning Board shall approve,
approve with modification or disapprove said plans. For those uses
wherein site plan review is required, said approval shall be a condition
precedent to issuance of a building permit by the Code Enforcement
Officer.
Prior to issuing a building permit for the construction of a
building on a lot in any district, except for one- or two-family dwellings
and their accessory structures and agricultural structures in Agricultural
Use Districts A, or issuing a certificate of occupancy for change
of use of an existing premises, the Town Clerk or Code Enforcement
Officer shall refer the site plans for construction on such lot to
the Planning Board for its review and approval. Except for one- or
two-family dwellings and their accessory structures or agricultural
structures in Agricultural Use District A, no building permit shall
be issued except in accordance with the standards and procedures set
forth in this section.
A presubmission conference shall be held between the Planning
Board and applicant to review the basic site design concept and generally
determine the information to be required on the site plan application.
At the presubmission conference, the applicant should provide an area
map showing the important natural and man-made features in and around
the site and a statement or rough sketch describing what is proposed.
Applications for site plan approval shall include the following
information:
A.
The applicant's name and address and interest in subject property.
B.
The owner's name, address and, if other than applicant, his signed
consent to filing of the application.
C.
The street address or legal description of the property.
D.
The zoning classification, present use of property and deed restrictions
or covenants applying to the property.
E.
Proposed use and summary description of the proposed development
of said parcel.
F.
The names and addresses of adjacent property owners.
G.
Estimated project construction schedule for all improvements.
H.
A site plan demonstrating that the proposed parcel is in compliance
with applicable statutes, ordinance provisions and regulations, and
showing:
(1)
Title of drawing, the name and address of applicant, North point,
scale, date, boundary lines and dimensions of the subject parcel.
(2)
Easements, roadways, rail lines and public right-of-way that
cross or are immediately adjacent to the subject parcel.
(3)
Significant topographical and natural features of the property,
including watercourses, trees in excess of six inches in diameter,
protected wetlands, floodway and flood hazard elevations, existing
contours at a five-foot maximum interval where the ground slope is
in excess of four feet vertical in 100 feet horizontal.
(4)
Existing and proposed stormwater drainage facilities.
(5)
Location, use and arrangement of proposed and/or retained structures
for primary, accessory or secondary uses; included shall be height,
floor area, total square feet of ground area and number and size of
dwelling units, number of bedrooms, setback dimensions, percentage
of lot coverage for building, floor area, parking area and landscaped
area. Included also shall be floor area ratio, yard space and bulk
specifications for the application district.
(6)
Location, dimension, number of acres, design and construction
materials for vehicular and pedestrian circulation, including access
and egress, drives, curb cuts, parking, off-street loading areas,
walkways, fire lanes, retaining walls and location and type of proposed
outdoor storage. Lot coverage ratio of vehicular circulation elements
and snow storage and disposal methods if more than 10 parking and
loading spaces are required. Also footnotes showing slope of vehicular
access elements. The site plan shall indicate or reference the following
information related to access and egress:
(a)
Distances to neighboring constructed access points, median openings,
traffic signals, intersections and other transportation features.
(b)
Number and direction of lanes to be constructed on the driveway
as well as striping plans.
(c)
All planned transportation features, including auxiliary lanes,
signals, signage, etc.
(d)
Trip generation data or appropriate traffic studies.
(e)
Parking and internal circulation plans.
(7)
Location, size, arrangement of outdoor signs and lighting.
(8)
Location, height of fences or natural plant screening devices,
together with footnotes as to proposed materials.
(9)
Location and dimensions of open space areas.
(10)
Location, use, size and height of structures and other uses
of properties within 200 feet of the subject parcel, provided in the
form of a site context map that depicts the location of the parcel
in relation to its surrounding neighborhood.
(11)
In case of any use requiring a special permit, any information
necessary to demonstrate compliance with all conditions imposed on
the proposed special permit use.
(12)
Evidence of adequate water supply and sewage disposal facilities,
including location, design and construction materials.
(13)
A landscaping plan, drawn to scale, which shall include the
following information:
(a)
List of planting materials. The materials list shall include
type, size, quantity and location of each tree, shrub and ground cover.
(b)
Street trees. Trees that are to be planted along the roadway
shall be shown.
(c)
Parking lot shading. Trees used for parking lot shading shall
be shown.
(d)
Landscaped areas and planters. Planting material should be drawn
as close to mature size as possible.
(14)
The Town Planning Board may require the applicant to conduct
an analysis of traffic and safety where safety is an issue or where
significant problems already exist.
(15)
The Planning Board may, in its discretion, limit the hours and
days of the week that outdoor construction and site development work
may occur.
(16)
The Planning Board may, in its discretion, require that outdoor
lighting, excluding security fixtures, be turned off overnight.
(17)
Maintenance agreements shall be required for any pond or wetland
installed for stormwater management to ensure ongoing functioning
and satisfactory appearance.
The applicant shall submit a written request for Planning Board
review. The Planning Board shall act upon said application within
62 days from receipt of the request. However, if the Planning Board
deems a public hearing desirable, such hearing shall be held within
this sixty-two-day period, with public notice at least five days prior
to the hearing date. In such case, final action by the Planning Board
shall be taken by no later than 62 days following the date of the
hearing.
The Planning Board shall not disapprove site plans submitted
pursuant to this section except on the basis of specific written findings.
These findings may be supported by one of the following:
A.
The application is incomplete in specified particulars or contains
or reveals violations of this chapter or other applicable regulations
which the applicant has, after written request, failed or refused
to supply or correct.
B.
In the case of a site plan submitted in conjunction with a planned
development, a cluster development or a special permit use, the site
plan fails to meet specified standards required by this chapter with
respect to such development or use.
C.
The proposed site plan interfered unnecessarily, and in specified
particulars, with easements, roadways, rail lines, utilities and public
or private rights-of-way.
D.
The proposed site plan unnecessarily, and in specified particulars,
destroys, damages, detrimentally modifies or interferes with the enjoyment
of significant natural, topographic or physical features of the site.
E.
The proposed site plan unnecessarily, and in specified particulars,
is injurious or detrimental to the use and enjoyment of surrounding
property.
F.
The circulation elements of the proposed site plan unnecessarily,
and in specified particulars, create hazards to safety on or off the
site; disjointed pedestrian or vehicular circular paths on or off
the site; undue dependence on automobile travel; or undue interferences
and inconveniences to pedestrian travel.
G.
The screening of the site does not provide adequate shielding from
or for nearby uses which are incompatible with the proposed use.
H.
The proposed structures or landscaping unnecessarily, and in specified
particulars, are lacking amenity in relation to or are incompatible
with nearby structures and uses.
I.
The proposed site plan unnecessarily, and in specified particulars,
creates drainage or erosion problems.
J.
The site plan review shall address the following access management
considerations:
(1)
The internal road system shall be designed to meet the projected
traffic demand.
(2)
The road network shall follow the natural topography and preserve
natural features of the site as much as possible. Street and driveway
alignments shall be sited in such a way that grading requirements
are minimized.
(3)
Access points shall be placed appropriately in relation to sight
distance, driveway spacing, and other related considerations, including
opportunities for joint and cross access. Entry roads shall be clearly
visible from the major arterials.
(4)
Residential units shall front on secondary access streets rather
than major roadways.
(5)
Vehicular circulation shall be accommodated within the site
so that automobiles do not have to use the peripheral road network.
(6)
The road system shall provide adequate access to buildings for
residents, visitors, deliveries, emergency vehicles, and garbage collection.
(7)
The edges of the roadways shall be landscaped. If sidewalks
are provided alongside the road, they shall be set back sufficiently
from the road and incorporate a landscaped planting strip between
the road and the sidewalk.
(8)
The pedestrian sidewalk system shall link buildings with parking
areas, entrances to the development, open space, and recreational
and other community facilities.
(9)
For projects along state or county highways, the applicant shall
secure the necessary access permits from the New York State Department
of Transportation or the Livingston County Highway Department.
In the case of any site plan submitted pursuant to the requirements
for this chapter, the Planning Board shall have authority, subject
to the standards and limitations of this section, to approve such
site plan notwithstanding any lot area, lot width, lot depth or setback
deficiency resulting from the status of such lot as a nonconforming
lot of record.
A.
Permissible Board action. The Board may take any of the following
actions with respect to the application; said action shall be communicated
in writing to the applicant. Final site plan approval shall be void
one year from the date of said approval unless substantial progress
has been made on the site.
B.
Effect of site plan approval. If the Planning Board shall approve
the application or approve it subject to further specified approval
or to modifications which are acceptable to the applicant, such approval
shall not authorize the establishment or extension of any use, nor
the development, construction, reconstruction, alteration or moving
of any building or structure, but shall merely authorize the preparation,
filing and processing of applications for any permits or approvals
which may be required by the codes and ordinances of the Town, including,
but not limited to, planned development or cluster development approval,
approval for a variance, a permit for a special permit use, a building
permit, a certificate of occupancy and subdivision approval.
C.
Approval with modification.
(1)
In the event that the Board approves with modification, the
applicant shall annex a copy of said notice of approval, together
with an amended site plan reflecting said modification, to any applications
for subsequent municipal approvals.
(2)
In the event that the applicant chooses to decline approval with modification, he may submit, within five days of receipt of Board action, a written notice to the Board specifying which proposed modifications are unacceptable. Also included must be the basis for his request that the Board reconsider its ruling on the specified terms. The Board shall take action upon such notice and request within the time limitation fixed by § 250-110 of this article.
D.
Disapproval.
(1)
In the event that the Board shall disapprove an application,
it shall set forth its conclusion and specify which deficiencies served
as the basis for such disapproval.
(2)
The Board, at its sole discretion, may grant the applicant leave
to amend his application, and thereafter the Board shall treat the
amended application in all respects as superseding the original application
in all respects.
A.
Purpose.
(1)
This section is designed to meet the needs of the applicant
who proposes site development that involves a modest capital investment
and who may effectively inform the Board of critical design elements
without preparing a site plan that is more complex than is necessary
or appropriate for the project.
B.
Procedure.
(1)
An applicant shall first obtain a professionally prepared instrument
survey map setting forth boundaries, setback dimensions, easements
and restrictions of record.
(2)
An applicant shall then superimpose upon said instrument survey map a sketch of the proposed improvements. An applicant shall also indicate, if applicable, the proposed removal of any existing structures and identify the actual dimensions of proposed improvements. Said sketch shall be accompanied by a report, signed and sworn to by the applicant, specifically describing how the proposed project complies with the relevant regulations with respect to each of the elements listed in § 250-111 of this article and an affidavit signed and sworn to by the applicant that the estimated development costs, exclusive of land, are not expected to exceed $50,000.
(3)
Prior to finalizing the applicant's sketch and report, the applicant
may seek a presubmission conference with the Board and Town Engineer,
wherein the applicant may submit a draft and the Board may offer its
comments on the sketch and report with respect to completeness, alternate
site plan approaches or other matters deemed relevant by the parties.
A.
An application for site plan review shall be accompanied by a fee
as shall be specified in the separate rate and fee schedule as shall
be adopted and amended by the Town Board from time to time.
B.
Costs incurred by the Planning Board for consultation fees or other
extraordinary expense in connection with the review of a proposed
site plan shall be charged to the applicant, which said sums shall
be reasonable sums necessary to defray expenses otherwise charged
to the Town of Lima Planning Board to carry out its review functions.
Insofar as may be reasonable and feasible, the Planning Board or Code
Enforcement Officer shall monitor and project cost estimates upon
the request of the applicant. Notwithstanding the foregoing, neither
the Planning Board nor the Code Enforcement Officer can be held responsible
for additional costs or expenses or charges greater than those projected
by said party as long as such costs and charges can reasonably be
demonstrated to be necessary in conjunction with the site review function.
C.
Costs that may be incurred by the Town to repair roadways damaged
as a result of project construction shall be charged to the applicant.
When, in the judgment of the Town, certain facilities must be
built or construction practices undertaken, the Town may, at its discretion,
require a performance bond, letter of credit or other acceptable security
as a condition precedent to site plan approval and subsequent granting
of a building permit.
The requirements of this section shall apply to development
that is proposed along Routes 5 and 20 or Route 15A.
A.
Access spacing. Intent: Driveway spacing standards limit the number
of driveways on a roadway by mandating a minimum separation distance
between driveways. This reduces the potential for collisions as travelers
enter or exit the roadway and encourages sharing of access, where
appropriate.
(1)
Separation between access points along state highways and between
driveways and intersecting side streets will be based on the posted
speed limit, as follows:
|
Posted Speed Limit
(miles per hour)
|
Driveway Spacing
(feet)
| |
|---|---|---|
|
35 or less
|
125
| |
|
36 to 45
|
245
| |
|
45 or greater
|
440
|
|
Driveway spacing shall be measured from the closest edge of
pavement to the next closest edge of pavement. The driveway spacing
requirements may be reduced by the Planning Board during site plan
review in situations where they prove impractical.
|
(2)
If the driveway spacing guidelines cannot be achieved, then
a system of joint-use driveways and cross-access easements may be
required in accordance with subsequent sections.
(3)
Variations from these distances may be permitted at the discretion
of the Planning Board where the effect would be to enhance the safety
and/or operation of the roadway. A traffic study may be required by
the applicant to demonstrate whether the proposed change would exceed
roadway safety and/or operation benefits.
B.
Corner clearance. Intent: Driveway spacing at intersections and corners
should provide adequate sight distance and response times and permit
adequate stacking space at intersections. Corner clearance is the
distance between a driveway and an intersection of a public or private
road. (See Figure 1.)
(1)
Corner clearance shall meet or exceed the minimum access spacing
requirements for that roadway. Driveway spacing shall be measured
from the closest edge of pavement for the driveway to the next closest
edge of pavement for the intersection.
(2)
New road or driveway connections to Routes 5 and 20 or Route
15A shall not be permitted within the functional area of an intersection
as defined by the driveway spacing standards of this section (see
Figure 2), unless:
(a)
No other reasonable access to the property is available; and
(b)
The Planning Board and New York State Department of Transportation
determine that the connection does not create a safety or operational
problem upon review of a site-specific study of the proposed connection
prepared by a registered engineer and submitted by the applicant.
(3)
Where no other alternatives exist, the Planning Board and New
York State Department of Transportation may allow construction of
an access connection along the property line farthest from the intersection.
In such cases, directional connections (i.e., right in/out, right
in only, or right out only) may be required.
(4)
In addition to the required minimum lot size, all corner lots
shall be of adequate size to provide for required front yard setbacks
and corner clearance on street frontage.
|
Figure 1
|
|---|
|
Corner Clearance and Connection Spacing
|
 |
|
Figure 2
|
|---|
|
Functional and Physical Area of the Intersection
|
 |
C.
Joint and cross access. Intent: Adjacent shopping centers or office
parks are often not connected by a service drive and sidewalk. As
a result, customers who wish to shop in both centers or visit both
sites must exit the parking lot of one, travel a short distance on
a state highway, and then access the next site. A cross-access drive
and sidewalks would reduce traffic on state highways and increase
safety. The result is a positive business benefit by providing easy
access to one site from another.
(1)
Adjacent commercial or office properties classified as major
traffic generators (i.e., shopping plazas, office parks) shall provide
a cross-access drive and pedestrian access to allow circulation between
sites.
(2)
A system of joint-use driveways and cross-access easements shall
be established wherever feasible along Routes 5 and 20 or Route 15A,
and the building site shall incorporate the following:
(a)
A continuous service drive or cross-access corridor extending
the entire length of each block served to provide for driveway separation
consistent with the access spacing standards.
(b)
A design speed of 10 miles per hour and sufficient width to
accommodate two-way travel aisles designed to accommodate automobiles,
service vehicles, and loading vehicles.
(c)
Stub-outs and other design features to make it visually obvious
that the abutting properties may be tied together to provide cross
access via a service drive. (See Figure 3.)
(d)
A unified access and circulation system plan that includes coordinated
or shared parking areas is encouraged wherever feasible.
(e)
Sidewalks on one or both sides to increase pedestrian safety
and access.
|
Figure 3
|
|---|
|
Cross Access Stub-Outs
|
 |
(3)
Shared parking areas shall be permitted and should facilitate
a reduction in the required number of parking spaces if peak demand
periods for proposed land uses do not occur at the same time periods.
(4)
Pursuant to this section, property owners shall:
(a)
Record an easement with the deed allowing cross access to and
from other properties served by the joint-use driveways and cross-access
or service drive.
(b)
Record an agreement with the deed that remaining access rights
along the thoroughfare will be dedicated to the Village or Town of
Lima and preexisting driveways will be closed and eliminated after
construction of the joint-use driveway.
(c)
Record a joint maintenance agreement with the deed defining
maintenance responsibilities of property owners.
(5)
The Planning Board may reduce required separation distance of
access points where they prove impractical, provided all of the following
requirements are met:
(a)
Joint-access driveways and cross-access easements are provided
wherever feasible in accordance with this section.
(b)
The site plan incorporates a unified access and circulation
system in accordance with this section.
(c)
The property owner shall enter a written agreement with the
Town, recorded with the deed, that preexisting connections on the
site will be closed and eliminated after construction of each side
of the joint-use driveway.
(6)
The Planning Board may modify or waive the requirements of this
section where the characteristics or layout of abutting properties
would make development of a unified or shared access and circulation
system impractical.
D.
Access connection and driveway design. The minimum standards for
driveway design and location are as follows:
(1)
Driveway grades shall conform to the requirements of New York
State Department of Transportation "Standards for Entrances to State
Highways," latest edition.
(2)
Driveway approaches must be designed and located to provide
an exiting vehicle with an unobstructed view. Construction of driveways
along acceleration or deceleration lanes and tapers is discouraged
due to the potential for vehicular weaving conflicts.
(3)
Driveway width and flair shall be adequate to serve the volume
of traffic and provide for rapid movement of vehicles off of the major
thoroughfare, but standards shall not be so excessive as to pose safety
hazards for pedestrians, bicyclists or other vehicles.
(4)
The length of driveways or "throat length" shall be designed
in accordance with the anticipated storage length for entering and
exiting vehicles to prevent vehicles from backing into the flow of
traffic on the public street or causing unsafe conflicts with on-site
circulation. General standards appear in the following table. The
requirements will vary according to the projected volume of the individual
driveway and are specific to the principal access to a property and
are not intended for minor driveways. Variation from these shall be
permitted for good cause upon approval of the Town and New York State
Department of Transportation.
|
Development Driveway Throat Length
| ||
|---|---|---|
|
Shopping centers greater than 200,000 square feet gross leasable
area (GLA)
|
200 feet
| |
|
Smaller developments less than 200,000 GLA
|
75 to 95 feet
| |
|
Unsignaled driveways
|
40 to 60 feet
| |
E.
Requirements for outparcels and phased development plans. Intent:
This section is intended to encourage driveway consolidation for outparcels
and phased development plans by way of a coordinated internal circulation
system. Adjacent properties under single ownership will be treated
as one property unless the applicant can show the Town and the New
York State Department of Transportation that the two properties should
have separate access due to safety concerns. Marketing of the two
properties is not a valid reason to have them treated as separate
properties.
(1)
In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall not be considered separate properties in relation to the access standards of this chapter. The number of connections permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements and stipulations required under Subsection C, Joint and cross access, shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of this chapter, and both shall be cited for any violation.
(2)
All access to the outparcel must be internalized using the shared
circulation system of the principal development or retail center.
Access to outparcels shall be designed to avoid excessive movement
across parking aisles and queuing across surrounding parking and driving
aisles. (See Figure 4.)
(3)
The number of outparcels shall not exceed one per 10 acres of
site area, with a minimum lineal frontage of 300 feet per outparcel
or greater where access spacing standards for that roadway require.
This frontage requirement may be waived where access is internalized
using the shared circulation system of the principal development or
retail center. In such cases, the right of direct access to the roadway
shall be dedicated to the Town and recorded with the deed.
|
Figure 4
|
|---|
|
Internalized Access to Outparcels
|
 |
F.
Nonconforming access features. Intent: Nonconforming access features
may continue in the same manner after adoption of land development
regulations, a process known as "grandfathering." This protects the
substantial investment of property owners and recognizes the expense
of bringing those properties into conformance. Opportunities to bring
nonconforming features into compliance occur after specific events
when the costs of required improvements may be amortized in the business
loan or mortgage, thereby minimizing financial hardship.
(1)
Permitted access connections in place as of (date of adoption)
that do not conform with the standards herein shall be designated
as nonconforming features and shall be brought into compliance with
applicable standards under one of the following conditions:
(2)
If the principal activity on a property with nonconforming access
features is discontinued for a consecutive period of (180 or 365)
days, or discontinued for any period of time without a present intention
of resuming that activity, then that property must thereafter be brought
into conformity with all applicable connection spacing and design
requirements, unless otherwise exempted by the Planning Board.
(3)
For uses that are vacant or discontinued upon the effective
date of this chapter, the (one-hundred-eighty- or three-hundred-sixty-five-day)
period begins on the effective date of this chapter.
G.
Reverse frontage. Intent: The following standards are intended to
reduce safety hazards and congestion caused by direct access to state
highways.
(1)
Access to double frontage lots shall be required on the street
with the lower functional classification. (See Figure 5.)
(2)
When a residential subdivision is proposed that would abut Routes
5 and 20 or Route 15A, it shall be designed to provide through lots
that abut the state highway with access from a frontage road or interior
local road. Access rights of these lots to Routes 5 and 20 or Route
15A shall be dedicated to the Town and recorded with the deed. A berm
or buffer yard may be required at the rear of through lots to buffer
residences from traffic on Routes 5 and 20 or Route 15A. The berm
or buffer yard shall not be located within the public right-of-way.
(3)
Pedestrian easements can be utilized to connect pedestrian traffic
from residential development to Routes 5 and 20 or Route 15A.
|
Figure 5
|
|---|
|
Double Frontage Lot Access
|
 |
H.
Lot width-to-depth ratios. Intent: Minimum lot frontage and maximum
lot width-to-depth ratios are intended to prevent the creation of
long and narrow or irregularly shaped lots that can lead to access
and circulation problems.
(1)
To provide for proper site design and prevent the creation of
irregularly shaped parcels, the depth of any lot or parcel shall not
exceed four times its width.
I.
Shared access. Intent: The provisions for shared access are intended
to prevent a proliferation of driveways on Routes 5 and 20 and Route
15A. Provisions for shared access also promote land development patterns
that are more compatible with the rural character of the Town.
(1)
Subdivisions with frontage on Routes 5 and 20 or Route 15A shall
be designed with shared access points to and from the highway. A maximum
of two accesses shall be allowed regardless of the number of lots
or businesses served.
(2)
Subdivisions with access to Routes 5 and 20 or Route 15A via
a single residential access street ending in a cul-de-sac shall not
exceed 25 lots or dwelling units, and the cul-de-sac shall have a
minimum cartway radius of 30 feet.
J.
Connectivity. Intent: The provisions for connectivity are intended
to encourage trips between adjoining developments and fewer trips
on Routes 5 and 20 and Route 15A. This provision strives to maintain
a balance between enhancing accessibility and limiting excessive through
traffic in residential areas.
(1)
The street system of a proposed development shall be designed
to coordinate with existing, proposed and planned streets outside
of the development as provided in this section.
(2)
Wherever a proposed development abuts unplatted land or a future
development phase of the same development, street stubs shall be provided
as deemed necessary by the Town Planning Board to provide access to
abutting properties or to logically extend the street system into
the surrounding area. All street stubs shall be provided with temporary
turnaround or culs-de-sac unless specifically exempted by the Town
Planning Board, and the restoration and extension of the street shall
be the responsibility of any future developer of the abutting land.
(3)
Collector streets shall intersect with collector or arterial
streets at safe and convenient locations.
(4)
Subcollector and local residential access streets shall connect
with surrounding streets to permit the convenient movement of traffic
between residential neighborhoods or facilitate emergency access and
evacuation, but such connections shall not be permitted where the
effect would be to encourage the use of such streets by substantial
through traffic.
