[Added 6-12-2006 by L.L. No. 2-1006;
amended 5-13-2013 by L.L. No. 1-2013]
The purpose of this article is to provide regulations governing
the applicability, submission requirements, and standards for review
and design of uses required to obtain site plan approval. The intent
is to:
A.
Ensure that the development and use of land within the Town of Chautauqua
does not have an adverse effect on adjacent lands or on the character
of the community.
B.
It is the further intent of these regulations to protect the community
from traffic congestion, noise, lighting, odor and other forms of
pollution, inappropriate design, flooding, excessive soil erosion,
and stormwater impacts, and to ensure that the proposed use will be
in harmony with the appropriate and orderly development of the district
in which it is proposed, and that its impacts can be mitigated by
compliance with reasonable conditions.
The Board of Appeals of the Town of Chautauqua is hereby authorized
to grant site plan approval pursuant to Article 16 of the Town Law,
as amended from time to time.
A.
Uses requiring site plan approval. Prior to the issuance of a building
permit in any zoning district or a permit for a change in use or approval
of a special use, the Code Enforcement Officer shall require site
plan approval in accordance with the provisions of this article. All
new land use activities shall require site plan approval, including
new structures, new uses, expansions of existing structures, excavation
operations and legal conversions of existing buildings to other uses
except those specifically exempted below.
B.
Level of site plan review required. All uses requiring site plan
approval, as specified above, shall comply with the review provisions
of either the "minor site plan approval" process or "major site plan
approval" process.
(1)
Uses qualifying for minor site plan approval. Single-family dwellings,
and their accessory structures, on an approved building lot meeting
the dimensional requirements of the Town of Chautauqua that are not
part of a proposed subdivision and do not exceed any of the following
thresholds:
(a)
Located within 1,000 feet of the shoreline of Chautauqua Lake
or 200 feet of a wetland, streambank or watercourse;
(b)
Located within a 100-year flood hazard area as defined by the
Federal Emergency Management Agency (FEMA) and shown on the most current
Flood Insurance Rate Maps (FIRM);
(c)
Requires a cumulative total of 10,000 square feet of land disturbance;
(d)
Creates a use with impervious surfaces that cumulatively are
greater than 15% of the total lot area; or
(e)
Contain slopes in excess of 15% within the area of land disturbance.
C.
Exempted uses. The following land use activities are exempted from
the requirements of this article, unless site plan is otherwise required
as a condition of a separate Town approval:
(1)
Development creating less than 2,500 square feet of land disturbance
in total.
(2)
Normal building maintenance, including the repair or maintenance
of structural members.
(3)
Agricultural land uses and structures, with the exception of roadside
stands for the sale of agricultural products from a permanent structure,
on farms with an approved Agricultural Environmental Management (AEM)
Plan and/or an approved Comprehensive Nutrient Management Plan (CNMP)
created in partnership with, and approved by, the Chautauqua County
Soil and Water Conservation District.
(4)
Incidental landscaping or grading (less than 2,500 square feet).
(5)
Interior alterations that do not substantially change the nature
or use of a residential, commercial or industrial structure.
(6)
Exterior alterations or additions to an existing residential or commercial
structure, which do not substantially change its nature or use, and
will not increase the gross floor area of the existing structure by
more than 15% in total within any five-year period.
(7)
Any change of use where no change to the building footprint or site
is proposed.
D.
Existing uses and structures. This subsection does not apply to uses
and structures that are lawfully in existence as of the date this
subsection is adopted. Any use that would otherwise be subject to
this subsection, which has been discontinued for a period of one year
or more, shall be subject to review pursuant to the terms herein defined
before such use is resumed. Any use or structure shall be considered
to be in existence, provided that such use or structure has started
construction prior to the effective date of this subsection and is
fully constructed and completed within one year after the effective
date of these regulations.
A.
Preapplication meeting. The applicant shall meet with the Code Enforcement
Officer prior to submission of a site plan for review to determine
whether a minor or major site plan approval is required. At the preapplication
meeting, the applicant shall provide a written statement and/or a
rough sketch describing what is proposed, including an indication
of all existing structures and uses, if any, on the site. The Code
Enforcement Officer shall use the preapplication meeting as an opportunity
to advise the applicant of the procedures for both minor and major
site plan approval and the potential information to be required on
either type of site plan.
B.
Minor site plan review.
(1)
Application for minor site plan approval. Within 60 calendar days
of the preapplication meeting, a complete application for site plan
approval shall be made in writing to the Code Enforcement Officer.
The application shall be accompanied by not less than three prints
of the proposed site plan (or as many additional prints as may be
required for circulation purposes) and one electronic file of the
proposed site plan, in a form usable by the Town (PDF or other specified
format). Site plans may be provided on a drawing certified by a licensed
civil engineer, registered landscape architect, registered architect
or other licensed design professionals, but the Code Enforcement Officer
shall not require this unless the services of such professionals are
necessary to provide accurate information or are otherwise required
by law. Such plans shall be submitted and shall include information
drawn from the section below of items, as determined necessary by
the Code Enforcement Officer at the time of the preapplication meeting.
(2)
Minor site plan contents. A minor project site plan application shall
contain the following information (see www.chautauquagis.com as a
source for some information):
(a)
The name and address of the applicant and any professional advisors.
(b)
A sketch of the parcel on a location map (e.g., a tax map) showing
boundaries and dimensions of the parcel and identifying contiguous
properties that are within 500 feet of the proposed structure and
any known easements or rights-of-way and roadways.
(c)
Existing features of the site lying within 300 feet of the proposed
structure, including land and water areas, water or sewer systems,
and the approximate location of all structures within 500 feet of
the proposed structures.
(d)
The proposed location and arrangements of structures and uses
on the site, including means of ingress and egress, parking, and circulation
of traffic.
(e)
A sketch of any proposed structures (including septic systems),
showing exterior dimensions and elevations of front, side, and rear
views; copies of available blueprints, plans, or drawings.
(f)
A concise description of the project describing the intended
use of proposed structures and any changes in the existing topography
(i.e., grading, filling, vegetation removal) and natural features.
(g)
If the parcel contains a wetland, or floodplain, a copy of the
floodplain map and wetland map that corresponds with the boundaries
of the property.
(3)
Code Enforcement Officer's review of minor site plan. The Code Enforcement
Officer's review of a site plan shall include, but is not limited
to, the following considerations:
(a)
Any excavation, filling and grading proposed to be undertaken,
including the depth, nature and volume of materials involved.
(b)
The type, size and location of vegetation to be removed during
site preparation.
(c)
All temporary and permanent drainage, erosion and sediment facilities
proposed.
(d)
Adequacy of stormwater management and sanitary waste disposal
facilities.
(e)
Total cumulative impervious surface coverage as a percentage
of lot area.
(f)
Location of septic system and leach fields in relationship to
wetlands, streambanks and watercourses.
(g)
Site layout and design in relationship to natural features.
(h)
An on-site visit to the proposed site to examine features.
(5)
Required referral. On occasion, when applicable, the Code Enforcement
Officer shall refer the plan to the Chautauqua County Planning Board
for its review and approval, pursuant to § 239-m of the
General Municipal Law, and to adjacent municipalities, where required
by General Municipal Law § 239-nn, prior to taking final
action on the site plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
Code Enforcement Officer's action on minor site plan. Within 30 days
of the receipt of a complete minor site plan application, the Code
Enforcement Officer shall act on the minor site plan application.
(a)
Determination.
[1]
After review and evaluation, the Code Enforcement Officer, through
an administrative review, shall make a determination to either approve,
approve with modifications, or disapprove the minor site plan application.
A copy of the determination shall be filed in the Town Clerk's Office
and mailed to the applicant within five business days of the Code
Enforcement Officer's determination.
[2]
Upon a determination of either approval or approval with modifications
of an application in full compliance with the submission requirements
stated therein the Code Enforcement Officer shall be authorized to
stamp and sign the minor site plan.
[3]
If the Code Enforcement Officer's determination includes a requirement
that modifications be incorporated in the minor site plan, conformance
with said modifications shall be considered a condition of approval.
[4]
If the minor site plan is not approved, the Code Enforcement
Officer's determination shall state specific reasons for such decision.
In such a case, the Code Enforcement Officer may recommend further
study of the minor site plan and resubmission to his office after
it has been revised or redesigned.
(b)
Submission requirements for stamping. After receiving site plan
approval, with or without modifications, from the Code Enforcement
Officer, the applicant shall within two calendar months submit a minimum
of three prints to the Code Enforcement Officer for stamping and signature.
The minor site plan submitted for stamping shall conform strictly
to the minor site plan approved by the Code Enforcement Officer except
that it shall further incorporate any revisions or other modifications
required by the Code Enforcement Officer.
(c)
Effect of stamping and signature. Upon stamping and signature
by the Code Enforcement Officer, the Code Enforcement Officer may
then issue a building permit or certificate of occupancy if the project
conforms to all other applicable requirements.
(d)
Expiration of approval. The Code Enforcement Officer's approval
of a minor site plan shall expire if the following circumstance occurs:
[1]
A complete application for either a building permit or certificate
of occupancy is not submitted to the Code Enforcement Officer within
12 calendar months of the signing and stamping of the site plan by
the Code Enforcement Officer.
[2]
Upon prior written request to the Code Enforcement Officer,
the time period for either submission of an application for a building
permit or certificate of occupancy may be extended for a maximum period
of six calendar months from its otherwise specified termination date.
C.
Major site plan review.
(1)
Sketch plan conference. A sketch plan conference between the Board
of Appeals and the applicant shall be held to initially review the
basic site design concept and generally determine the extent of site
plan review necessary for the proposed project. All required materials
for the sketch plan conference shall be submitted to the Code Enforcement
Officer at least 10 days prior to the regularly scheduled Board of
Appeals meeting and forwarded to the Board of Appeals members at least
seven days prior to the regularly scheduled meeting in order to be
placed on the monthly agenda for consideration by the Board. At the
sketch plan conference, the applicant shall provide a written statement
and/or a rough sketch describing what is proposed, including an indication
of all existing structures and uses, if any, on the site. The Board
of Appeals shall use the sketch plan conference as an opportunity
to advise the applicant of the information to be required on the site
plan and in accompanying reports. The Board of Appeals shall additionally
employ the conference as an opportunity to discuss with the applicant
the extent of the SEQR review process required for the application.
(a)
The sketch plan shall be clearly designated as such and shall
identify all existing and proposed (see www.chautauquagis.com or zoning
maps for some information):
[1]
Zoning classification and required setbacks.
[2]
Lot lines.
[3]
Land features, including environmentally sensitive features.
[4]
Land use(s).
[5]
Utilities.
[6]
Development, including buildings, pavement and other improvements,
including setbacks.
[7]
Location and nature of all existing easements, deed restrictions
and other encumbrances.
(b)
Sketch plans shall be drawn to scale.
(c)
It is the responsibility of the applicant to provide a sketch
plan that depicts a reasoned and viable proposal for development of
the lot.
(d)
The Board of Appeals, upon review of the sketch plan, may waive
requirements for application materials for developments for which,
due to character, size, location or special circumstances, such information
is not required in order for the Board of Appeals to properly perform
site plan review.
(e)
Board of Appeals members may suggest modifications to, but shall
not approve or disapprove, the sketch plan. Comments made by individual
Board members during sketch plan review shall not be interpreted as
constituting approval or disapproval by the Board, nor shall they
be interpreted to limit the scope of any subsequent review or approval
of a derivative plan.
(2)
Application for major site plan approval. Within 90 calendar days
of the sketch plan conference, a complete application for site plan
approval shall be made in writing to the Board of Appeals. The application
shall be accompanied by not less than eight prints of the proposed
site plan (or as many additional prints as may be required for circulation
purposes under SEQR) and one electronic file of the proposed site
plan, in a form usable by the Town. Site plans shall be provided on
a drawing certified by a licensed civil engineer, registered landscape
architect, registered architect or other licensed design professionals,
as may be necessary to comply with the professional licensing regulations
administered by the New York State Education Department. Such plans
shall be submitted at least 10 days prior to a scheduled regular meeting
of the Board of Appeals and shall include information drawn from the
following checklist of items, as determined necessary by the Board
of Appeals at the time of the sketch plan conference:
(a)
A site plan drawn at a scale of 100 feet to one inch or larger
showing the following information:
[1]
Legal data.
[a]
Title of drawing, including name and address of
applicant and person(s) responsible for preparation of such drawing;
[b]
North arrow, scale and date;
[c]
An area map keyed to the real property tax maps,
showing the parcel under consideration for site plan review, and all
properties, subdivisions, streets, power lines and easements within
500 feet of the boundaries thereof;
[d]
Accurate boundaries of the property plotted to
scale, including reference to specific data sources;
[e]
The locations, names and existing widths of adjacent
streets/roads, right of ways and curb lines;
[f]
The locations and owners of all adjoining lands
as shown on the latest tax records and tax map identification numbers.
[2]
Natural features.
[a]
Existing contours with intervals of 20 feet or
less, including the source of the information.
[b]
Approximate boundaries of any areas subject to
flooding or stormwater overflows.
[c]
The location of existing watercourses, New York
State and federal wetlands, wooded areas, rock outcrops, isolated
trees with a diameter of eight inches or more measured at breast height
above the base of the trunk and other significant existing features.
[d]
Land exceeding a slope of 15%.
[e]
FEMA special flood hazard zone boundaries and designations,
including the flood hazard zone, Community Panel Number and the effective
date as shown.
[f]
Soils classification mapping from "Soils Survey
of Chautauqua County" data (available at Chautauqua County Soil and
Water Conservation District).
[3]
Existing structures and utilities and other features.
[a]
The location of uses and outlines of all existing
structures, drawn to scale.
[b]
Paved areas, sidewalks and vehicular access between
the site and public streets.
[c]
Traffic flow patterns within the site, entrances
and exits, loading and unloading areas, curb cuts on the site and
within 100 feet of the site.
[d]
Locations, dimensions, grades and flow direction
of existing sewers, drainage ditches, culverts and water lines, as
well as other underground and aboveground utilities within and adjacent
to the property.
[e]
Other existing development, including fences, retaining
walls, landscaping and screening.
[4]
Proposed development.
[a]
The location, type of construction and exterior
dimensions of proposed buildings or structural improvements. (NOTE:
Elevations and/or sections illustrating front, rear and side profiles
drawn to the same or larger scale as the site development plan may
be required by the Board of Appeals. The elevations and/or sections
shall clearly delineate the bulk and height of all buildings and other
permanent structures included in the proposal.)
[b]
The location and design of all uses not requiring
structures, such as off-street parking and loading areas.
[c]
The location, direction, power and time of use
for any proposed outdoor lighting.
[d]
The location, size and design for all proposed
permanent outdoor signs.
[e]
The location and arrangement of proposed means
of access and egress, including sidewalks and other pedestrian access,
driveways, fire lanes and other emergency zones or other paved areas;
and profiles indicating grading and cross sections showing width of
roadway, location and width of sidewalks and location and size of
water and sewer lines. For commercial and industrial structures, identify
the amount of gross floor area proposed for retail sales, services,
offices and other uses.
[f]
Any proposed screening and other landscaping, including
types and locations of proposed street trees, as well as a planting
schedule.
[g]
The description of the water supply system, location
of well(s) and/or all proposed water lines, valves and hydrants and
of all sewer lines and alternate means of water supply and sewage
disposal and treatment.
[h]
An outline of any proposed easements, deed restrictions
or covenants.
[i]
Any contemplated public improvements on or adjoining
the property.
[j]
Any proposed new grades, indicating clearly how
such grades will meet existing grades of adjacent properties on the
street.
[k]
A drainage plan showing existing and proposed watercourses,
proposed detention/retention facilities and calculations of the impact
to existing drainage created by the proposed development. (NOTE: Contour
intervals of one or two feet may be appropriate for grading and drainage
plans.)
[l]
Location of outdoor storage and waste receptacles
and proposed screening for such.
[m]
Location and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
[n]
Location, design and construction materials of
all energy-generation and distribution facilities, including wind,
electrical, gas and solar energy.
[o]
If the site plan indicates only a first stage,
a supplementary plan shall indicate ultimate development.
[p]
The percentage of open space provided and the location
and development of all proposed buffer areas, including indication
of proposed vegetative cover.
[q]
Any setbacks or other dimensional information required
by this article.
[r]
Record of applications and approval status of all
necessary permits from federal, state, county and local agencies.
[s]
Estimated project construction schedule.
[t]
Estimate of the total cost of proposed site improvements
which shall be confirmed by the Code Enforcement Officer or Town Engineer.
[u]
Estimate of total cumulative area of disturbance
in square feet.
[5]
Any other information required by the most current checklist
prepared by the Board of Appeals in order to conduct its review.
[6]
Any other information deemed by the Board of Appeals to be necessary
to determine conformity of the site plan with the spirit and intent
of this article.
(b)
Required fees and supporting materials. An application for site plan review and approval shall not be considered complete until accompanied by the applicable fee and escrow deposit, in accordance with the fee schedule established and annually reviewed by the Town Board, and the supporting materials described below in Subsection C(2)(b) and above in Subsection C(2)(a).
[1]
Supporting materials. The following materials shall be submitted:
[a]
A copy of the deed to the property as most recently
filed and/or a copy of the executed contract of sale.
[b]
A copy of each covenant, easement or deed restriction
in effect or intended to cover all or part of the tract.
[c]
Written offers of easement to the Town of Chautauqua
or other public agencies for purposes of stormwater drainage, utility
rights-of-way, etc.
[d]
Identification of all necessary permits from federal,
state, county or local agencies, approvals required from said agencies
for the project's execution, and proof of special use permit and/or
variance approvals if applicable.
[e]
As applicable, soil logs from on-site borings or
test pits, percolation test results, and stormwater runoff calculations.
[f]
Plans to prevent: the pollution of surface or groundwater;
erosion of soil both during and after construction; excessive runoff;
excessive raising or lowering of the water table; and flooding of
other properties.
(c)
Environmental assessment form. A complete application for site
plan review and approval shall also be accompanied by a short or full
EAF as required by SEQR. To avoid delay, applicants are advised to
familiarize themselves with the New York State SEQR requirements for
environmental assessment, to determine whether their proposed project
meets the thresholds for a Type 1 action and therefore requires that
a full EAF be submitted to accompany the application for site plan
approval.
(3)
Board of Appeals review of major site plan.
(a)
Factors for consideration during site plan review. The Board
of Appeals' review of a site plan shall include, but is not limited
to, the following considerations:
[1]
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, channelization structures and
traffic controls.
[2]
Adequacy and arrangement of pedestrian traffic access and circulation,
including separation of pedestrians from vehicular traffic, sidewalks,
linkages, control of intersections with vehicular traffic and pedestrian
convenience.
[3]
Location, arrangement, appearance and sufficiency of off-street
parking and loading areas.
[4]
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
[5]
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between the proposed
use and adjoining uses or properties.
[6]
In the case of an apartment complex or multiple dwellings, the
adequacy of usable open space for playgrounds and informal recreation.
[7]
Adequacy of stormwater management facilities.
[8]
Protection of adjacent properties from noise, glare, unsightliness
or other objectionable features.
[9]
Adequacy of water supply and sewage disposal facilities.
[10]
Overall impact on the neighborhood, including
compatibility of design and effect on the environment.
(b)
Site plan design criteria. The Board of Appeals, in reviewing
site plans, shall consider the standards set forth below:
[1]
All buildings in the plan shall be integrated with each other
and with adjacent buildings and shall have convenient access to and
from adjacent uses.
[2]
Individual buildings shall be related to each other and to structures
in the surrounding area in architecture, design mass, materials, placement
and connections to harmonize visually and physically.
[3]
Treatment of the sides and rear of all buildings, where appropriate,
shall be comparable in amenity and appearance to the treatment given
to street frontages of these same buildings.
[4]
The design of buildings and the parking facilities shall take
advantage of the natural topography of the project site, where appropriate.
[5]
All buildings shall be accessible to emergency vehicles.
[6]
Landscaping shall be an integral part of the entire project
area and shall buffer the site from and/or integrate the site with
the surrounding area, as appropriate.
[7]
Primary landscape treatment shall consist of shrubs, ground
cover and shade trees and shall combine with appropriate walks, walls
and street surfaces to provide an attractive development pattern.
Landscape materials selected should be appropriate to the growing
conditions of the Town's environment.
[8]
Whenever appropriate, existing trees shall be conserved and
integrated into the landscape design plan.
[9]
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways, off-street
parking and loading space.
[10]
Roads, pedestrian walks and open space shall be
designed as integral parts of an overall site design, be properly
related to existing and proposed buildings and be appropriately landscaped.
[11]
Buildings and vehicular circulation areas shall
be arranged so that pedestrians moving between buildings are not unnecessarily
exposed to vehicular traffic.
[12]
The light level at the lot line shall not exceed
0.2 footcandle measured at ground level. To achieve this, luminaries
shall be shielded to prevent light from shining beyond the lot lines
onto neighboring properties or public ways. Where residential uses
adjoin commercial uses; light standards shall be restricted to a maximum
of 20 feet in height.
[13]
Parking facilities shall be landscaped and screened
from public view to the extent necessary to eliminate unsightliness
and monotony of parked cars.
[14]
Parking facilities shall utilize low-impact and
on-site stormwater techniques where feasible, and be designed with
regard for orderly management, topography, landscaping and ease of
access and shall be developed as an integral part of an overall site
design.
[15]
Any above-grade loading facility shall be screened
from public view to the extent necessary to eliminate unsightliness.
[16]
Off-street parking and loading requirements required
in the Town of Chautauqua Zoning Law shall be satisfied.
[17]
Drainage of the site and surface waters flowing
therefrom shall utilize natural drainage pathways where feasible and
in the best public interest; shall not adversely affect adjacent properties
or public roadways; and shall strive to not increase runoff downstream
from the project site.
(c)
Referral to other agencies and boards. The Board of Appeals
may refer the site plan for review and comment to local and county
officials or their designated consultants, in addition to representatives
of state agencies including, but not limited to the Soil and Water
Conservation District, the New York State Department of Transportation,
the State Department of Environmental Conservation and the State Department
of Health.
(d)
Required referral. Prior to taking final action on the site
plan, and where applicable, the Board of Appeals shall refer the plan
to the Chautauqua County Planning Board for its review and approval,
pursuant to § 239-m of the General Municipal Law and to
adjacent municipalities, where required by General Municipal Law § 239-nn.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(e)
Public hearing. The Board of Appeals shall conduct a public
hearing on the application for a major site plan approval. The public
hearing shall be conducted within 62 calendar days of the receipt
of the complete application and shall be advertised in the official
newspaper of the Town at least five calendar days before the public
hearing.
(f)
Waiver of requirements. The Board of Appeals may waive any specific requirements set forth in § 143-59.1 of this chapter for the approval, approval with modifications or disapproval of a major site plan submitted for approval. The grant of any such waiver shall be accompanied by a finding that compliance with the requirement is either not requisite in the interest of the public health, safety and general welfare or inappropriate to the particular site plan.
(4)
Board of Appeals action on major site plan. Within 62 days of the
close of a public hearing, the Board of Appeals shall act on the major
site plan application.
(a)
Action by resolution.
[1]
The Board of Appeals shall act by resolution to either approve,
approve with modifications, or disapprove the site plan application.
A copy of the resolution shall be filed in the Town Clerk's Office
and mailed to the applicant within five business days of the Board
of Appeals' actions. A resolution of either approval or approval with
modifications shall include authorization to the Board of Appeals
Chairman to stamp and sign the site plan upon the applicant's compliance
with the submission requirements stated therein.
[2]
If the Board of Appeals' resolution includes a requirement that
modifications be incorporated in the site plan, conformance with said
modifications shall be considered a condition of approval. If the
site plan is disapproved, the Board of Appeals' resolution shall state
specific reasons for such decision. In such a case, the Board of Appeals
may recommend further study, or modification, of the site plan and
resubmission to the Board of Appeals after it has been revised or
redesigned.
(b)
Submission requirements for stamping. After receiving site plan
approval, with or without modifications, from the Board of Appeals,
the applicant shall within six calendar months submit a minimum of
eight prints, and one electronic file to the Board of Appeals for
stamping and signature by the Chairman. The site plan submitted for
stamping shall conform strictly to the site plan approved by the Board
of Appeals except that it shall further incorporate any revisions
or other modifications required by the Board of Appeals and shall
be accompanied by the following additional information:
[1]
Record of application for and approval status of all necessary
permits from federal, state and county officials.
[2]
An estimated project construction schedule and if a performance
guarantee is to be provided by the applicant for all or some portion
of the work, a detailed site improvements cost estimate.
(c)
Effect of stamping by Board of Appeals. Upon stamping and signature
by the Chairman, the Board of Appeals shall forward a copy of the
approved site plan to the Code Enforcement Officer and the applicant.
The Code Enforcement Officer may then issue a building permit or certificate
of occupancy if the project conforms to all other applicable requirements.
(d)
Expiration of approval. Board of Appeals approval of a site
plan shall expire if either of the following circumstances occurs:
[1]
The site plan is not submitted for stamping and signature to
the Chairman within 180 calendar days of the Board of Appeals' resolution
of site plan approval, with or without modifications.
[2]
A complete application for either a building permit or certificate
of occupancy is not submitted to the Code Enforcement Officer within
180 calendar days of the stamping and signing of the site plan by
the Chairman.
(5)
Upon prior written request to the Board of Appeals, the time period
for either submission of the site plan or submission of the complete
application for a building permit or certificate of occupancy may
be extended for a maximum period of 180 calendar days from its otherwise
specified termination date.
Reasonable costs incurred by the Board of Appeals for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in § 143-98C(2)(b) herein. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Village/Town Board.
A.
General. Subsequent to the granting of site plan approval, no certificate
of occupancy shall be issued until all improvements shown on the site
plan are installed or a sufficient performance guaranty has been provided
by the applicant for improvements not yet completed.
B.
Performance guaranty options. In order that the Town has the assurance
that the construction and installation of such improvements as storm
sewers, water supply, sewage disposal, sidewalks, parking and access
roads will be constructed in accordance with Town standards and/or
any site plan approval modifications, the Board of Appeals may require
that the applicant enter into one of the following agreements with
the Town:
(1)
Furnish bond executed by a surety company (licensed in New York
State) equal to the cost of construction of such improvements as shown
on the plans. Such bond shall be based on an estimate furnished by
the applicant, confirmed by the Code Enforcement Officer or Town Engineer
and approved by the Board of Appeals.
(2)
Deposit a certified check in sufficient amount up to the total
cost of construction of such improvements as shown on the site plan.
(3)
Provide the Town with a letter of credit that is of sufficient
amount to cover up to 110% of the total cost of improvements as shown
on the site plan.
C.
Conditions.
(1)
The performance guaranty shall be to the Town and shall provide
that the applicant, his/her heirs, successors, assigns or his/her
agent will comply with all applicable terms, conditions, provisions
and requirements of this article and will faithfully perform and complete
the work of constructing and installing such facilities or improvements
in accordance with the approved site plan.
(2)
Any such bond shall require the approval of the Town Board in
consultation with the Town Attorney as to form, sufficiency, manner
of execution and surety.
(3)
Certified checks shall be made payable to the Town of Chautauqua
and will be placed in an escrow account established by the Town for
this purpose.
(4)
Letters of credit shall require the approval of the Town Board
in consultation with the Town Attorney as to form, sufficiency, and
manner of execution and shall be duly notarized.
D.
Extension of time. The construction or installation of any improvements or facilities (except for improvements or facilities related to stormwater management and erosion and sediment control as required by § 143-59.1 of this chapter), other than roads, for which a guaranty has been made by the applicant in the form of a bond or certified check deposit, shall be completed within one year from the date of approval of the site plan. Road improvements shall be completed and approved by the Town Highway Superintendent within two years from the date of approval of the site plan, during which time they will be maintained in a manner consistent with the provisions of § 143-59.1 of this chapter. The applicant may request that the Board of Appeals grant him or her an extension of time to complete such improvements, provided that the applicant can show reasonable cause for inability to complete said improvements within the required time. The extension shall not exceed six months, at the end of which time the Town may use as much of the bond or check deposit to construct the improvements as necessary. The Board of Appeals may also grant the applicant an extension of time whenever construction of improvements is not performed in accordance with applicable standards and specifications.
E.
Schedule of improvements. When a certified check or performance bond
is issued pursuant to the preceding subsections, the Town and applicant
shall enter into a written agreement itemizing the schedule of improvements
in sequence with the cost opposite each phase of construction or installation,
provided that each cost as listed may be repaid to the applicant upon
completion and approval after inspection of such improvement or installation.
However, 10% of the check deposit or performance bond shall not be
repaid to the applicant until one year following the completion and
inspection by the Town of all construction and installation covered
by the check deposit or performance bond.
F.
Inspections. Inspections during the installation of improvements
shall be made by the Code Enforcement Officer to ensure conformity
with the approved plans and specifications as contained in the contract
and this article. The applicant shall notify the Code Enforcement
Officer when each phase of improvements is ready for inspection. Upon
acceptance, final completion of installation and improvement, the
Board of Appeals shall issue a letter to the applicant or his/her
representative that provides sufficient evidence for the release by
the Town of the portion of the performance bond or certified deposit
as designated in the contract to cover the cost of such completed
work.
G.
Phased development. The Board of Appeals may further request, subject
to Town Board approval, that the applicant deposit a separate performance
bond or certified check for each phase of development proposed. In
this event, 10% of the check deposit or performance bond shall be
withheld from the applicant until 60 days following the completion,
inspection and acceptance by the Town of all construction and installation
covered by such deposit. No subsequent phase of development shall
be undertaken until each earlier phase has been completed and approved
by the Code Enforcement Officer.
