Prior to the issuance of either a building permit or use permit
in any zoning district, except for a one- or two-family dwelling,
related accessory uses or agricultural uses permitted by right under
this chapter and the Town of Elma Zoning Ordinance, the Building Inspector shall refer the permit applicant
to the Planning Board for site plan consideration in accordance with
§ 274-a of the Town Law and the procedure and standards
set forth in this chapter.
Planning Board's review of a preliminary site plan shall include,
as appropriate, but is not limited to, the following:
A. General considerations:
(1) Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, channelization
structures and traffic controls.
(2) Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(3) The location, arrangement, appearance and sufficiency of off-street
parking and loading.
(4) The location, arrangement, size, design and general site compatibility
of buildings, lighting and signage.
(5) The adequacy of water supply and sewage disposal facilities.
(6) The adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
(7) In the case of an apartment complex or other multiple dwelling, the
adequacy of usable open space for play areas and informal recreation.
(8) Protection of adjacent or neighboring properties against noise, glare,
unsightliness or other objectionable features.
(9) The adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(10)
Special attention to the adequacy of structures, roadways and
landscaping in areas with susceptibility to ponding, flooding and/or
erosion.
(11)
If a stormwater pollution prevention plan (SWPPP) was submitted in accordance with §
117-3A(1)(v), compliance with the requirements of Chapter
120 of this Code.
[Added 4-15-2015 by L.L.
No. 2-2015]
B. Consultant review. The Planning Board may consult with the Town Building
Inspector, Fire Commissioners, Environmental Commission, Superintendent
of Highways, other local and county officials and its designated private
consultants, in addition to representatives of federal and state agencies,
including, but not limited to, the Soil Conservation Service, the
State Department of Transportation and the State Department of Environmental
Conservation.
C. Public hearing. The Planning Board may conduct a public hearing on
the preliminary site plan. If a public hearing is considered desirable
by a majority of the members of the Planning Board, such public hearing
shall be conducted within 45 days of the receipt of the application
for preliminary site plan approval and shall be advertised in a newspaper
of general circulation in the Town at least five days before the public
hearing.
D. Required referral. Prior to taking action on the preliminary site
plan, the Planning Board shall refer the site plan, when applicable,
to the Erie County Department of Environment and Planning for advisory
review and a report in accordance with § 239 of the General
Municipal Law.
[Amended 4-15-2015 by L.L. No. 2-2015]
A. Within 45 days of acceptance of the application for final site plan
approval, the Planning Board shall render a decision to the Building
Inspector. If no decision is made within the forty-five-day period,
the final site plan shall be considered approved.
B. If a stormwater pollution prevention plan (SWPPP) was submitted to the Town in accordance with the provisions of this chapter, the Planning Board shall not approve the site plan unless the site plan and SWPPP comply with the requirements of Chapter
120 of this Code.
C. Upon approval of the final 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 such copy to the Building Inspector. The Building Inspector
may then issue the building permit if all other applicable requirements
are met.
D. Upon disapproval of a final site plan, the Planning Board shall so
inform the Building Inspector, and the Building Inspector 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.
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, not to exceed $50 per acre or fraction thereof. Such reimbursable costs shall be in addition to the fee required in §
117-3B herein.
No certificate of occupancy shall be issued until all improvements
shown in the site plan are installed or a sufficient performance guaranty
has been posted for improvements not yet completed. The sufficiency
of such performance guaranty shall be determined by the Planning Board
after consultation with the Building Inspector, other local officials
or its designated consultants.
The Building Inspector shall be responsible for the overall
inspection of site improvements, including coordination with other
local officials and agencies, as appropriate.
Whenever the particular circumstances of a proposed development
require compliance with either another procedure in this chapter or
the Town of Elma Zoning Ordinance requirements or the Town Land Subdivision
Regulations, the Planning Board shall attempt to integrate, as appropriate,
site plan review as required by this chapter with the procedural and
submission requirements for such other compliance.