Before beginning any new land use activity, except uses specifically exempted by § 105-6 of this chapter, a site plan approval by the Planning Board is required.
A.
A sketch
plan conference shall be held between the Planning Board and the applicant
prior to the preparation and filing of a formal site plan with the
Planning Board. The purposes of such a conference are:
(1)
To
enable the applicant to inform the Planning Board of a proposal prior
to the preparation of a detailed site plan; and
(2)
For
the Planning Board to review the basic site design concept, advise
the applicant as to potential problems and concerns and to generally
determine the information to be required on the site plan and for
a complete application.
B.
In order
to accomplish these objectives, the applicant shall provide the following:
(1)
A statement and rough sketch map based on a Tax Map or other survey
map showing the locations and dimensions of principal and accessory
structures, parking areas, access signs, existing and proposed vegetation
and other proposed features, anticipated changes in the existing topography
and natural features;
(2)
A site location map showing the parcel that is the subject of the
application for site plan review, and surrounding properties, subdivisions,
streets, rights-of-way, easements and other pertinent features, e.g.,
Washington County highway map; and
(3)
A topographic or contour map to show site topography from a USGS
sheet or map.
To apply for site plan approval, an applicant shall file with
the Clerk of the Planning Board at least 15 business days before the
next scheduled meeting of the Planning Board the following:
A.
Ten copies of a site plan review questionnaire;
B.
Ten copies of a short or long environmental assessment form, as determined
by the Planning Board at the site plan review sketch conference (and
if required by state law);
C.
Ten copies of an agricultural data sheet (if required by state law);
E.
Ten copies of a site plan showing (as applicable) the following:
(1)
Title of the site plan, including the name and address of the applicant(s)
and person who prepared the plan;
(2)
North arrow, scale and date of the plan;
(3)
Boundaries of the property drawn to scale;
(4)
Location, size and existing use of buildings on the property;
(5)
Locations and owners (including their addresses) of all adjacent
lands as identified on the latest tax records, including the locations
of all water sources and septic systems located within 200 feet of
the adjacent property line;[2]
(6)
Location, name and width of existing adjacent roads;
(7)
Location, width and identification of all existing and proposed rights-of-way,
easements, setbacks, reservations, and areas dedicated to public use
on or adjoining the property;
(8)
Grading and drainage plan, showing existing and proposed contours
and watercourses;
(9)
Soil erosion and sediment control plans;
(10)
Location, type of construction and exterior dimensions of all
proposed buildings;
(11)
Identification of the amount of gross floor area proposed for
retail sales and services, offices, and other commercial or industrial
facilities;
(12)
Location, type of construction, and area of all parking and
truck loading areas, showing access and egress;
(13)
Provision for pedestrian access, including public and private
sidewalks, if applicable;
(14)
Location of outdoor storage, if any;
(15)
Location and construction materials of all existing or proposed
site improvements, including drains, culverts, retaining walls and
fences;
(16)
Description and method of sewage disposal and the location of
such facilities;
(17)
Description of the method of securing water, location of such
facilities, and approximate quantity of water required;
(18)
Location of fire lanes and other emergency zones, including
fire hydrants, if required;
(19)
Location, design and construction materials of all energy generation
and distribution facilities;
(20)
Location, size, design and type of construction of all proposed
permanent signs;
(21)
Location and development of all proposed buffer areas, including
existing and proposed vegetative cover;
(22)
Location and design of outdoor lighting;
(23)
General landscaping and planting schedule;
(24)
Record of applications and approval status of all necessary
permits from federal, state and local offices;
(25)
Estimated project construction schedule; and
(26)
Other elements integral to the proposed development as may be
specified by the Planning Board at the sketch plan conference.
F.
For applications that are required to be submitted to the Washington
County Planning Board in accordance with General Municipal Law §§ 239-1
and 239-m, the applicant shall also submit one additional copy of
the application and all maps and other submissions, where such maps
or submissions are printed on paper of 11 inches by 17 inches or less,
or one copy of the application and 12 copies of the maps and other
submissions where such maps and other submissions are printed on paper
greater than 11 inches by 17 inches.
[Added 8-9-2005 by L.L. No. 7-2005]
G.
Notwithstanding the number of copies required in this section, the
Planning Board may require an applicant to submit such additional
copies of any materials related to the application as may be necessary
to forward to any experts retained by the Planning Board for the review
of the application or to coordinate review of the application by other
involved agencies under SEQRA and such other and additional copies
as may reasonably be necessary for the Planning Board's review of
the particular application.
[Added 8-9-2005 by L.L. No. 7-2005]
The Planning Board may conduct a less intensive review for projects that do not have significant potential adverse impact on neighboring properties and uses. Certain requirements of § 105-11 above for such projects may be waived by the Planning Board. The Planning Board, however, must state the application requirements being waived, its grounds for waiving such application requirements, and file such statement along with the site plan application and supporting documents.
A.
Site map. This map shall be drawn at a scale of 100 feet to one inch
or larger and shall show existing topography at a contour interval
of not more than five feet, except that contour intervals of one or
two feet may be appropriate for maps of specific site features such
as grading and drainage plans, parking areas, and building locations.
The site map shall show the site area and any pertinent natural features
that may affect the proposed use, such as watercourses, swamps, wetlands,
wooded areas, areas subject to flooding, etc.
B.
Development plan. This is a detailed plan for the proposed development,
drawn to a scale of 40 feet to one inch or larger. The site development
plan illustrates the location of all existing or proposed site improvements
including drains, culverts, retaining walls, and fences; provides
a description and shows the location of sewage and water facilities;
shows location of all signs; the location of proposed buffer areas;
the design of lighting facilities; the location and design of all
parking and unloading/loading areas; and the location and width of
all driveways, exits and entrances.
C.
Elevations and/or sections. 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 Planning Board.
The elevations and/or sections shall clearly delineate the bulk and
height of all buildings and other permanent structures included in
the proposal, including the dimensions and height of any proposed
signs.
D.
Engineering plans. The Planning Board may require, where relevant
and within reason, engineering plans to illustrate and describe such
development aspects as road improvements, drainage systems, grading
plans, public or private utility systems, sewer and water facilities
and supporting data. In requesting such plans, the Planning Board
shall take into account the total cost of the proposed development
and the cost of preparing the plans.
[Amended 8-9-2005 by L.L. No. 7-2005]
If the Planning Board finds that, due to the technical or legal
aspects of an application, it will require input from an engineer,
attorney or other expert to assist it in the review of the application,
the Planning Board may require that the applicant pay for the costs
of such experts, the amount of which shall not exceed $3,500 without
the prior notice to the applicant. Nothing contained herein shall
be construed to be an estimate of the overall costs of such expert's
services, and the applicant shall be responsible for the payment of
the actual costs thereof. The Planning Board may require that prior
to the Planning Board's review of the application, the applicant deposit
a sum reasonably necessary to cover the costs of such expert's review
and comment, based on written or oral quotes from such experts, in
advance of the review and comments to be provided by such experts.
The Planning Board shall, within 45 days of the filing of a
site plan application or at its next regular meeting after such filing,
whichever is sooner, decide whether to accept the application as complete
and begin the review process or to reject the application as incomplete.
If the Planning Board requires a draft environmental impact statement
(DEIS) or one is filed by the applicant(s), then the application shall
not be deemed complete until the DEIS is filed and accepted by the
Planning Board. If the Planning Board deems an application incomplete,
it shall then notify the applicant(s) in writing of the deficiencies.
After determining an application complete and at least 10 days
before the public hearing, the Planning Board (if required by state
law) shall refer the site plan application to the Washington County
Planning Board. The Planning Board may also coordinate its review
(if not otherwise required by state law) or consult with federal,
state and local agencies and boards.
The Planning Board shall conduct a public hearing on site plan
applications within 62 days after it has determined an application
to be complete. It shall then advertise such hearing at least 10 days
and not more than 30 days in advance of the public hearing in the
Town's official newspaper. The Planning Board shall also mail a notice
of the hearing to the applicant(s) at least 10 days before the hearing.
Within 62 days of the close of the public hearing, the Planning
Board shall render a decision to approve, approve with conditions
or modifications, or disapprove the site plan application. The Planning
Board shall comply with the State Environmental Quality Review Act
and § 239-m of the General Municipal Law (if applicable)
before rendering its decision.
A.
Approval. Upon approval of the site plan and payment by the applicant(s)
of all fees and reimbursable costs due to the Town, the Planning Board
shall endorse its approval on a copy of the site plan and, within
five business days, file a copy of the site plan with a written statement
of approval with the Town Clerk. A copy of the written statement of
approval shall be mailed to the applicant(s) by certified mail.[1]
B.
Approval with modifications. The Planning Board may approve the site
plan and require specific modifications be made. A copy of the written
statement shall be mailed to the applicant(s) by certified mail. The
Planning Board shall endorse its approval on a copy of the site plan
containing the required modifications and, within five business days,
file the site plan and a written statement of approval with the Town
Clerk.[2]
C.
Disapproval. Upon disapproval of the site plan, the decision of the
Planning Board shall within five business days be filed with the Town
Clerk and a copy thereof mailed to the applicant(s) with a letter
stating the Planning Board's reasons for disapproval.[3]
D.
Default approval. If the Planning Board fails to render a decision
within 62 days of the close of the public hearing or within the time
agreed upon between the applicant(s) and the Planning Board, such
failure constitutes approval of the site plan as submitted or last
amended.
Any time limitation in this article may be extended by mutual
consent of the applicant(s) and the Planning Board.
Whenever a proposed land use activity that is the subject of
site plan review hereunder also requires any other type of land use
approval, the Planning Board shall integrate site plan review with
the procedural and application requirements of such other land use
approval.
