The intent of the site plan review process is to preserve and
enhance the character of a neighborhood, achieve compatibility with
adjacent development, mitigate potentially negative impacts on traffic,
parking, drainage and similar environmental concerns, improve the
overall visual and aesthetic quality of the Town and Villages, and
increase the capability of the Zoning Ordinance to adapt to a variety
of unique circumstances.
In accordance with New York State Town and Village Law, no construction
or site improvement work may commence until site plan approval, where
required, has been granted. Site plan review and approval is required
in accordance with the procedures of this article for all new buildings
and uses and expansions of existing buildings as defined in this article:
A. Site plan review shall not be required for the:
(1)
Maintenance of existing sign structures in all districts and
the placement of signs in all districts; and
(2)
Placement of a mobile home or manufactured home on a single
lot or in an approved mobile home or manufactured home park.
(3)
Single and two-family residential uses.
B. Minor site plan review requires only Planning Department approval
and shall be required for:
(1)
Any proposed changes to parking, loading or stacking, or dumpsters,
located more than 250 feet from residential use or district where
such modifications are determined by the Planning Department to be
consistent with the intent and objectives of the original site plan.
(2)
The proposed modification to an approved landscape plan to preserve
existing mature trees and/or vegetation or change proposed plant species
or the relocation of underground utilities where such modifications
are determined by the Planning Department to be consistent with the
intent and objectives of the original site plan;
(3)
The placement of accessory structures such as generators, toolsheds,
HVAC equipment, transformers, or compressors;
(4)
Additions to buildings and uses that do not require additional
off-street parking spaces.
(5)
Adjustments to approved site plans during development. During the development of an approved site plan, the Planning Department may authorize minor adjustments to the final development plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following and shall be exempt from the procedures outlined in §
300-63.3:
(a)
Altering the location of any one structure or group of structures
by not more than 10 feet or 0.1 of the distance shown on the approved
site plan between such structure or structures and any other structure
or any vehicular circulation element or any boundary of the parcel,
whichever is less.
(b)
Altering the location of any circulation element by not more
than 10 feet or 0.1 of the distance shown on the approved plan between
such circulation element or any structure, whichever is less.
(c)
Reducing the yard area or open space associated with any single
structure by not more than 5%.
(d)
Altering any final grade by not more than 5% of the originally
planned grade.
(e)
Modification of landscaping, as long as screening intent is
maintained.
(6)
Minor modifications. Minor modifications shall be limited to
the following and shall be exempt from the procedures outlined in
Article 63.3:
(a)
Error correction that does not alter the site plan.
(b)
Modifications that are not in violation of this chapter.
(c)
Changes that do not affect overall site layout or properties
outside of the site.
C. Major site plan review requires Planning Board approval and is required
for all new buildings and uses as well as expansions of uses and buildings
that are not explicitly exempt from site plan review or do not qualify
for minor site plan review.
During review of a minor or major site plan, the Planning Department
or Planning Board, as applicable, shall ensure that the site plan
is consistent with this chapter and generally consistent with the
policies of the Comprehensive Plan.
The Planning Department or Planning Board shall deny an application
on the basis of specific written findings directed to one or more
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. The proposed site plan interferes unnecessarily, and in specified
particulars, with easements, roadways, rail lines, utilities, and
public or private rights-of-way.
C. 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.
D. The proposed structures unnecessarily, and in specified particulars,
destroy, damage, detrimentally modify or interfere with the significant
design features of the existing buildings and structures on the site.
E. The proposed structures or landscaping unnecessarily, and in specified
particulars, bears a poor relationship to the existing physical development
of the site or results in an overall development that compromises
existing design, parking or landscaping elements.
F. The site design does not comply with ADA requirements.
G. The proposed site plan unnecessarily, and in specified particulars,
is injurious or detrimental to the use and enjoyment of surrounding
property.
H. There is inadequate infrastructure capacity to support the use or
development.
I. The proposed site plan and associated improvements fail to mitigate
the project's anticipated traffic impacts.
J. The proposed site plan fails to provide for adequate access for emergency
vehicles.
K. The pedestrian and vehicular circulation elements unnecessarily,
and in specified particulars, create hazards to safety on or off the
site.
L. The proposed structure unnecessarily, and in specified particulars,
is lacking amenity in relation to or is incompatible with, nearby
structures and uses.
M. The proposed site plan unnecessarily, and in specified particulars,
is lacking amenity in relation to, or incompatible with, nearby structures
and uses.
N. The proposed site plan unnecessarily, and in specified particulars,
creates drainage or erosion problems.
O. The proposed structures unnecessarily, and in specified particulars,
are incompatible with or lacking in amenity in relation to existing
uses on the site or existing building materials, roof shapes and fenestration
on the site.
P. The proposed site plan fails to contribute to existing pedestrian-oriented
rights-of-way and unnecessarily, and in specified particulars, is
lacking in amenity in relation to the public realm and streetscape.
Q. The proposed site plan detrimentally impacts the visual and physical
access to and along the waterfront.
In rendering a final decision, the Planning Department or Planning
Board, as applicable, shall consider and make findings that:
A. The proposed site plan is consistent with the purpose and specific
requirements of this chapter and generally consistent with the policies
of the Comprehensive Plan;
B. Adequate services and utilities will be available prior to occupancy;
and
C. The site plan is consistent with all other applicable laws.
In accordance with New York State law, the decision of the Planning
Board or Planning Department, as applicable, shall be filed in the
Office of the Municipal Clerk consistent with all applicable state
requirements.
Upon filing an application for site plan review, all applicable
fees shall be paid.