A.
The Town of Liberty Planning Board is, pursuant to §§ 274-a
and 274-b of the Town Law, authorized to approve, disapprove, or approve
with modification site plans and special uses.
[Amended 8-20-2018 by L.L. No. 1-2018]
B.
Site plan review by the Planning Board is also required for all special
uses and such other uses as specified in the Supplementary Regulations. The Planning Board,
in approving the establishment of special uses and/or site plans,
shall first determine compliance with the standards and criteria set
forth below and elsewhere within this chapter. No building permit
will be issued for any structure covered by this article until an
approved site plan or approved amendment of any such plan has been
secured by the applicant and presented to the Code Enforcement Officer.
No certificate of occupancy will be issued for any structure or use
of land covered by this article unless the structure is completed
or the land developed or used in accordance with an approved site
plan or approved amendment of any such plan.
Uses specified as special uses under Article IV, District Regulations, of this chapter shall be permitted only after review and approval by the Town of Liberty Planning Board pursuant to the express standards and criteria set forth below:
A.
The proposed use shall be in harmony with purposes, goals, objectives
and standards of the Town of Liberty Comprehensive Plan, this chapter
and all other regulations of the Town of Liberty.
B.
[1]The proposed use at the proposed location shall not result
in a substantial or undue adverse effect on adjacent property, the
character of the neighborhood, traffic conditions, parking, public
improvements, public sites or right-of-way, or other matters affecting
the public health, safety and general welfare, either as they now
exist or as they may in the future be developed as a result of the
implementation of the Comprehensive Plan, this chapter, or any other
plan, program, map or ordinance of the Town of Liberty or other government
agencies having jurisdiction to guide growth and development.
C.
The proposed use shall not impose an undue burden on any of the improvements,
facilities, utilities and services of the Town, whether such services
are provided by the Town or some other agency. The applicant shall
be wholly responsible for providing such improvements, facilities,
utilities or services as may be required to adequately serve the proposed
use when the same are not available or adequate to service the proposed
use in the proposed location. As part of the application and as a
condition to approval of the proposed special use permit the applicant
shall be responsible for establishing ability, willingness and binding
commitment to provide such improvements, facilities, utilities and
services in sufficient time and in a manner consistent with this and
other regulations of the Town of Liberty. The permit approval shall
be so conditioned.
D.
No application for issuance of a special use permit shall be approved
unless the Planning Board shall find that, in addition to complying
with each of the standards enumerated above, any of the applicable
standards of the chapter shall be met. In instances where the standards
contained herein do not adequately protect the general health, safety
and welfare of parties affected, the Board shall be obligated to impose
such conditions in issuance of a permit. Conditions which might be
imposed shall include, but not be limited to, provisions for additional
parking, traffic control, submission of landscaping plans, setbacks,
special measures addressing sales period activities and other measures
which can be effectuated to remove any potential adverse influence
the use may have on adjoining uses. In reviewing a site plan and determining
what conditions, if any, shall be attached for approval, the Planning
Board shall consider:
(1)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
(2)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(4)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities (stormwater leaving
any site shall not exceed pre-development levels and facilities shall
be designed to accommodate a ten-year storm).
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
(8)
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(9)
Special attention to the adequacy and impact of structures, roadways
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
E.
The burden of proof shall remain with the applicant to show compliance
with all standards and the burden shall never shift to the Town.
A.
Sketch plan. A sketch plan conference may be held between the Planning
Board and the applicant prior to the preparation and submission of
a formal site plan. The intent of such a 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 concern 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:
(1)
A statement and rough sketch showing the locations and dimensions
of principal and accessory structures, 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;
(2)
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; and
(3)
A topographic or contour map of appropriate scale (one inch equals
200 feet or less) and detail to show site topography with contour
intervals of no less than 20 feet each.
B.
Application for site plan approval. An application for site plan
approval shall be made in writing to the Chairman of the Planning
Board and shall be accompanied by information contained on the following
checklist. Where the sketch plan conference was held, the accompanying
information shall be drawn from the following checklist as determined
necessary by the Planning Board at said sketch plan conference.
(1)
Site plan checklist:
(a)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing;
(b)
North arrow, graphic scale and date;
(c)
Boundaries of the property plotted to scale;
(d)
Existing watercourses;
(e)
Grading and drainage plan, showing existing and proposed contours;
(f)
Location, design, type of construction, proposed use and exterior
dimensions of all buildings;
(g)
Location, design and type of construction of all parking and
truck loading areas, showing access and egress;
(h)
Provision for pedestrian access;
(i)
Location of outdoor storage, if any;
(j)
Location, design and construction materials for all existing
or proposed site improvements including drains, culverts, retaining
walls and fences;
(k)
Description of the method of sewage disposal and location, design
and construction materials of such facilities;
(l)
Description of method of securing public water and location,
design and construction materials of such facilities;
(m)
Location of fire and other emergency zones, including the location
of fire hydrants;
(n)
Location, design and construction of materials of all energy
distribution facilities, including electrical, gas and solar energy;
(o)
Location, size, design and type of construction of all proposed
signs;
(p)
Location and proposed development of all buffer areas, including
existing vegetative cover;
(q)
Location and design of outdoor lighting facilities;
(r)
Identification of the location and amount of building area proposed
for retail sales or similar commercial activity;
(s)
General landscaping plan and planting schedule;
(t)
An estimated project construction schedule;
(u)
Record of application for and approval status of all necessary
permits from state and county officials;
(v)
Identification of any state or county permits required for the
project's execution plus documentation sufficient to enable compliance
with the State Environmental Quality Review (SEQR) Regulations; and
(w)
Other elements integral to the proposed development as considered
necessary by the Planning Board.
(2)
The site plan map shall be prepared by a licensed surveyor, professional
engineer, architect, landscape architect, planner or other professional
with competency in site design.
C.
Planning Board action of site plan. Within 62 days of the receipt
of a complete application for site plan approval, the Planning Board
shall conduct a public hearing on the proposal (with public notice
as provided by § 274-a of the New York State Town Law).
The Planning Board shall make a decision on the site plan application
within 62 days of the close of the public hearing. The sixty-two-day
time period to make a decision may be extended by mutual consent of
the applicant and the Planning Board. The decision of the Planning
Board shall be filed in the office of the Town Clerk with a copy to
the Code Enforcement Officer within five business days after such
decision is rendered, and a copy thereof mailed to the applicant.
[Amended 8-20-2018 by L.L. No. 1-2018]
(1)
Upon approval of the site plan and payment by the applicant of all
fees and reimbursable costs due to the Town, the Planning Board shall
endorse its approval on a copy of the final site plan and shall forward
a copy to the applicant and Code Enforcement Officer, and file same
with the Town Clerk.
(2)
Upon disapproval of a site plan, the Planning Board shall so inform
the Code Enforcement Officer and the Code Enforcement Officer shall
deny a building permit to the applicant. The Planning Board shall
also notify the applicant in writing of its decision and its reasons
for disapproval. Such disapproval shall be filed with the Town Clerk.
D.
Miscellaneous.
(1)
Costs incurred by the Planning Board for consultation fees or other
extraordinary expenses in connection with the review of a proposed
site plan shall be charged to the applicant.
(2)
Performance guarantee. 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 consultations with the Planning Board, Code
Enforcement Officer, Town Attorney and other appropriate parties.
(3)
Inspection of improvements. The Code Enforcement Officer shall be
responsible for the overall inspection of site improvements including
coordination with the Planning Board and other officials and agencies,
as appropriate.
E.
The Town of Liberty Planning Board shall, pursuant to § 274-a, Subdivision 5, of the Town Law, have the right to waive, when reasonable, any of the requirements of § 147-28 of this Article VIII. This waiver authority may be exercised upon the affirmative vote of a majority of members of the Planning Board in the event that any such requirements are found not to be essential for the public health, safety or general welfare or are found to be inappropriate to a particular site plan. Any such waiver shall be subject to the following conditions:
[Added 11-19-2012 by L.L.
No. 3-2012; amended 11-16-2015 by L.L. No. 2-2015; 8-20-2018 by L.L. No. 1-2018]
(1)
No waiver shall result in allowing a use not permitted as a principal
use, special use, accessory use or an approved nonconforming use within
the applicable zoning district.
(2)
Is there an acceptable site/sketch plan for the parcel subject to
the application?
(3)
Waivers shall be limited to those situations where the full application
of the requirements contained in the above-referenced sections would
generate unnecessary data and create unnecessary costs with regard
to deciding the matter.
(4)
An applicant for site plan approval who desires to seek a waiver of certain of the above-referenced requirements pertaining to such applications may submit a sketch plan of the proposed project to the Planning Board in lieu of a complete site plan. The Planning Board shall review the sketch plan, advise the applicant as to potential problems and concerns and determine if any additional site plan information is required. The Planning Board shall consider such a sketch plan as adequate when, in its judgment, the information submitted is sufficient to make a determination of compliance with the development standards in Articles VI and VII of this chapter.
(5)
Nothing herein shall authorize the Planning Board to waive state
environmental quality review requirements.
(6)
The Planning Board must set forth in its record of proceedings the precise grounds upon which it has determined to exercise its waiver authority hereunder, which shall include a clear statement of what requirements of § 147-28 of this chapter have been waived and the reason for the waiver of each and every such requirement.
F.
Alterations to an approved or conditionally approved site plan during
site development.
[Added 11-16-2015 by L.L.
No. 2-2015]
(1)
Applicability. This provision applies only to those situations where
during the project development phase an unforeseen event requires
the relocation of a structure, roadway, utility or screening under
the following conditions:
(a)
The relocation of a structure cannot create a noncompliant condition
with any setbacks from lot lines, other structures, roadways, walkways,
easements, utilities, wetlands or conditions imposed by the Planning
Board on the approved site plan.
(b)
The relocation of a roadway must comply with the roadway development
standards as defined in Town of Liberty Code and the development standards
in the applicable subdivision regulations. No changes to an approved
exit or entrance to a public road may be altered without prior Planning
Board approval.
(c)
Where public utilities are contained on the site any alteration
to the approved site plan must not encroach on easements, setbacks
or vertical separation distances. All utilities constructed as part
of the site plan must comply with imposed setbacks, depths and separation
distances.
(d)
Where screening conditions have been imposed by the Planning
Board either by maintenance of existing screening or by the addition
of new screening the alteration cannot reduce the intent of these
conditions in height, density, depth or width.
(2)
The Code Enforcement Officer and the Planning Board Chairman (or
his delegate) have the authority to determine whether any deviation
from an approved site plan requires prior approval from the Planning
Board or can be documented on an as-built plan.
