The Planning Board of the Town of Martinsburg is hereby authorized
pursuant to Town Law § 274-a to review and approve, approve
with modifications, or disapprove site plans within the Town as designated
in accordance with the standards and procedures set forth in this
chapter.
All nonresidential uses on any site or lot, and all multifamily
dwellings of over two families shall be required to have an approved
site plan approved by the Planning Board prior to the issuance of
a development permit or a certificate of compliance by the enforcement
officer.
The Planning Board shall require that all site plans comply
with the following general review criteria:
A.
That the site is designed in the interests of the public health,
safety, welfare, and comfort and convenience of the public in general,
the residents of the proposed development, and the residents of the
immediate surrounding area;
B.
That the site is designed so as to be in harmony with the community;
[Amended 8-21-2013 by L.L. No. 2-2013]
C.
That parking areas are adequate for the intended level of use and
screened so as to minimize negative impacts on adjacent properties;
D.
That access to the site is safe and convenient and relates in an
appropriate way to both the internal circulation on the site and the
Town road system;
E.
That the internal circulation of the site is arranged so as to minimize
impacts on the Town road system;
F.
That the site is suitably landscaped, and appropriately screened
from adjacent properties and the road so as to protect the visual
character of the area and to minimize negative impacts on adjacent
properties and the neighborhood;
G.
That any activities on the site which are incompatible with adjacent
properties are suitably buffered so as to minimize negative impacts
on such adjacent properties;
H.
That signs, site lighting, and the locations of all buildings and
structures are in keeping with the character of the neighborhood;
I.
That any changes to existing drainage patterns, or increased drainage
due to development activity, has no negative impacts on adjacent property;
J.
That proposed water supply and sewage disposal facilities are adequate;
K.
That development activity complies with all other standards and requirements
of this chapter;
L.
The proposed use does not negatively impact or threaten the groundwater
resources that provide water to public supply wells operated by the
Martinsburg Water District #1 and/or the Glenfield Water District.
[Added 3-4-2004 by L.L. No. 3-2004]
The enforcement officer shall refer any application for a development
permit which requires a site plan review to the Planning Board. An
application for a site plan review shall be filed with the Planning
Board, and the appropriate fee as determined by the fee schedule adopted
by Town Board resolution shall be paid to the Town Clerk. Six copies
of the application and site plans shall be provided which shall include
the following:
A.
Name and address of applicant and owner, if different, and of the
person responsible for preparation of drawings;
B.
Date, North point, written and graphic scale;
C.
Boundaries of the site plotted to scale, including distances, bearings,
and areas;
D.
Locator map showing the site in relationship to the Town;
E.
Location and ownership of all adjacent lands as shown on the latest
tax records;
F.
Location of all district boundaries;
G.
Location, name, and existing width of adjacent roads;
H.
Location of all district boundaries and wellhead protection area(s)
if applicable;
[Added 3-4-2004 by L.L. No. 3-2004]
I.
Location, width, and purpose of all existing and proposed easements,
setbacks, reservations, and areas dedicated to public use or adjoining
the property;
J.
Complete outline of existing or proposed deed restrictions or covenants
applying to the property;
K.
Existing hydrologic features together with a grading and drainage
plan showing existing and proposed contours at a maximum of ten-foot
intervals;
[Amended 4-21-2010 by L.L. No. 2-2010]
L.
Location, proposed use, and height and dimensions of all buildings
including the number and distribution by type of all proposed dwelling
units, and the designation of the amount of gross floor area and gross
leasable area proposed for retail sales and services, office and other
commercial or industrial activities;
M.
Location and design of all parking and loading areas including access
and egress drives and fire lanes and emergency access areas;
N.
Provision for pedestrian access, including public and private sidewalks;
O.
Location of outdoor storage;
P.
Location and design of all existing or proposed site improvements,
including drains, culverts, retaining walls, and fences;
Q.
Description of the method of securing public water supply and disposing
of sewage, and the location and design of such facilities;
R.
Location and design of all energy distribution facilities, including
electrical, gas, and solar energy;
S.
Location, size and design of all proposed signs;
T.
Location and design of outdoor lighting facilities;
U.
General landscaping plan and planting schedule, including the location
and proposed development of all buffer areas;
V.
Erosion and sediment control plan conforming to the standards and
practices contained in the USDA Soil Conservation Service Engineering
Field Manual (EFM) and New York Guidelines for Urban Erosion and Sediment
Control, or other erosion and sediment control manual recognized by
the Planning Board;
W.
An agricultural data statement pursuant to Town Law § 283-a,
when applicable;
X.
A statement of the nature and extent of the interest of any state
employee, or officer of employee of the Town in the applicant pursuant
to General Municipal Law § 709.
Y.
An environmental assessment form (EAF) and, where required, a draft
environmental impact statement (EIS);
Z.
Other elements integral to the proposed development as considered
necessary by the Planning Board;
AA.
For proposed uses requiring site plan review within a wellhead protection
area, a list of the type and quantity of any hazardous substances
and polluting materials (including chemicals, hazardous materials,
petroleum products, hazardous wastes and other polluting materials)
that are expected to be used, stored or generated on-site. Quantities
should reflect the maximum volumes on hand at any time;
[Added 3-4-2004 by L.L. No. 3-2004]
BB.
For proposed uses requiring site plan review within a wellhead protection
area, a description of how hazardous substances or polluting materials
are to be stored, used, or handled, including proposed measures to
protect all storage containers or facilities associated with such
materials from vandalism, accidental damage, corrosion and leakage.
[Added 3-4-2004 by L.L. No. 3-2004]
The Planning Board may waive any of the submission requirements listed in § 240-48 above where it deems that the information is either not applicable or is unnecessary to a particular site plan review.
The Planning Board shall be responsible for the completion of
an environmental assessment form (EAF) for each application for site
plan review. The Planning Board shall be responsible for compliance
with 6 NYCRR 617 (State Environmental Quality Review regulations)
in cooperation with other involved agencies in the review of any site
plan.
Upon a determination by the Planning Board that the application for a site plan review is complete, the Board shall review the site plan taking into consideration the objectives for size plan review as outlined in § 240-47 above, the general regulations for all uses as outlined in Article V of this chapter.
During the course of the review, should the Planning Board determine
that an approval may not be feasible without the granting of an area
variance as defined by Town Law § 267-a, the Planning Board
may refer the application to the Zoning Board of Appeals for the consideration
of such variance.
The Planning Board shall conduct a public hearing. Such public
bearing shall be conducted within 62 days of the receipt of the completed
application for a site plan review and shall be advertised at least
five days before the hearing in a newspaper in general circulation
in the Town. A notice of the hearing shall be mailed to the applicant
at least 10 days before the hearing.
At least 10 days before the hearing, the Planning Board shall
refer all site plan review matters that fall within those areas specified
under General Municipal Law § 239-m to the Lewis County
Planning Department prior to final action. This includes any use that
falls within 500 feet of the following: the boundary of the Town;
a state or county park or recreation area; a state or county highway
or expressway; a state- or county-owned drainage channel; or state
or county land where a public building or institution is located.
Such referral shall be to the Lewis County Department of Planning
for their recommendations thereon. If the Lewis County Department
of Planning does not respond within 30 days from the time it received
a full statement on the referral matter, then the Planning Board may
act without such report.
Pursuant to General Municipal Law § 239-nn, for a
site plan permit review under this article involving property located
within 500 feet of an adjacent municipality, notice of any public
hearing shall be given by mail or electronic transmission to the clerk
of the adjacent municipality not less than 10 days prior to the date
of said hearing.
The Planning Board may waive the public hearing. Such waiver
shall not be allowed in any one of the following circumstances:
A.
The use is a Type I SEQR action and the use is determined by the
Planning Board to have environmental significance;
B.
The use is over 10,000 square feet of floor or ground area;
C.
The use is over 20 feet in height;
D.
The use is within 200 feet of a DEC-designated wetland area within
200 feet of a stream with a DEC classification of C or higher, or
in a FEMA-designated floodplain area;
E.
The use is determined by the Planning Board to be of a publicly controversial
manner; or
F.
The applicant has requested a public hearing.
A.
Within 62 days of the public hearing, or within 62 days of the acceptance of a complete application by the Planning Board where such hearing has been waived pursuant to § 240-56 above, the Planning Board shall act on the site plans. The time within which the Planning Board must render its decision may be extended upon mutual consent of the applicant and the Planning Board. The action of the Planning Board shall be in the form of a written statement to the applicant stating whether or not the site plans are approved, approved with modifications, or disapproved. The decision of the Planning Board shall immediately be filed in the office of the Town Clerk and a copy mailed to the applicant.
B.
If the site plans are approved, and upon payment by the applicant
of all fees and reimbursable costs due the Town, the Planning Board
shall endorse its approval on a copy of the application and site plans.
C.
If the site plans are approved with modifications, the Planning Board
shall specify in the statement all modifications to be made. Upon
payment by the applicant of all fees and reimbursable costs due to
Town, and upon approval of the modified application and site plans,
the Planning Board shall endorse its approval on a copy of the application
and site plans.
D.
If the site plans are disapproved the statement shall contain the
reasons for such findings. In such case, the Planning Board may recommend
further study of the application and resubmission after it has been
revised or redesigned.
Within 30 days of final action on any matter referred to the
Lewis County Planning Department, the Town of Martinsburg Planning
Board shall file a report of the final action it has taken with the
Lewis County Planning Department.
