B.
Purpose. The purpose of site plan review and approval is to insure
that the design, layout and operation of an allowed use within a district
minimizes adverse impacts upon neighboring properties, the natural
and man-made environment, roadways, and the community in general,
is in keeping with the character of the area in which it is located,
and is consistent with the goals and policies of the Town of Inlet
Comprehensive Plan.
C.
Planning Board authority. The Planning Board is hereby authorized
to review and approve site plans. The Planning Board shall approve
no site plan unless it finds that the standards stated in this article
are satisfied, and that adverse impacts are mitigated to the extent
practicable.
D.
Public hearing. A public hearing is optional, at the discretion of
the Planning Board, for uses requiring site plan review and approval.
E.
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed site plan contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article X of this Zoning Law without the necessity of a decision or determination of the Codes and Zoning Enforcement Officer.
The following standards shall apply to all uses requiring site
plan approval, in all zoning districts.
A.
Impact upon surrounding properties. Land use and development shall
be planned and undertaken so as to avoid adverse impacts on adjoining
and nearby land uses, especially residential uses, and shall not adversely
affect the character of the neighborhood. The proposed use shall not
create a significant adverse impact upon nearby properties by reason
of traffic, noise, fumes, odors, vibration, flashing lights, litter,
surface water or groundwater contamination, air pollution, drainage,
visual impact, excessive nighttime lighting, creation of a safety
hazard, risk of fire or explosion, or any other cause. The location,
nature and height of buildings, walls and fences shall not discourage
the appropriate development and use of adjacent land and buildings,
nor significantly impair their value.
B.
Vehicular access. Proposed vehicular access points shall be adequate
in width, grade, alignment and visibility; not located too near road
intersections or places of public assembly; and meet similar safety
considerations.
(1)
To the extent practicable, intersections with and entries onto any
public road shall be designed so that minimum safe sight distances
and other standards set forth in "Policy and Standards for Entrances
to State Highways," State of New York Department of Transportation
publication number M.A.P. 7.12-34, shall be maintained. As set forth
in the above-cited publication, the minimum unobstructed line of sight
in each direction at the entrance to a public road shall be as follows:
|
Design Speed of Highway
(miles per hour)
|
Left Turn
(feet)
|
Right Turn
(feet)
| |
|---|---|---|---|
|
30
|
396
|
286
| |
|
40
|
583
|
484
| |
|
50
|
814
|
770
|
(2)
Said distances shall be measured from the point of entry onto the
public road. (Said distances represent the safe braking distance for
traffic along the public road.) It is not the intent of this provision
to deny the ability to develop any particular lot, but to insure that
among the alternative locations available, the best location for access
onto a public highway is chosen.
C.
Emergency vehicle access. All proposed buildings, structures, equipment
and materials shall be readily accessible for fire and police protection.
D.
Buffers, screening. The Planning Board may require that any use which
has a potential significant adverse visual impact upon another property,
or upon the view from public highways, be substantially screened from
view of neighboring properties and/or public highways at all seasons
of the year by vegetation or by fencing of a design and type approved
by the Planning Board.
E.
Landscaping plan. The Planning Board may require that a landscaping
plan be submitted and approved that shows size of species to be planted
or to be retained on the site. The Planning Board may require that
such plan be prepared by a professional or landscape architect, engineer,
landscaper, or planner.
F.
Drainage and erosion control. Adequate provision shall be made for
drainage of the site, and to insure that stormwater runoff does not
create an adverse impact upon nearby lands or water bodies or watercourses.
Appropriate erosion control measures shall be taken to prevent the
pollution of waterways by silt and sediment. The Planning Board may
require that an erosion and stormwater control plan be prepared by
a licensed engineer or other person with expertise in erosion and
stormwater control. All New York State Department of Environmental
Conservation rules and regulations pertaining to erosion and runoff
control shall be satisfied.
G.
Water quality protection. Adequate provision shall be made to insure
that any leak, spill or other discharge of petroleum based products
or other chemical potentially harmful to surface water or groundwater
supplies are contained and are prevented from being introduced into
such waters. Approval may require that potentially harmful materials
be stored on an impervious pavement, enclosed by an impervious dike
high enough to contain the volume of liquid kept in the storage area,
and/or be separated from any shoreline, watercourse, or stormwater
runoff channel by adequate setback.
H.
Lighting. Exterior lighting shall be directed down and away from
adjoining residential properties and public roads, and shall not constitute
a traffic hazard. Lighting shall be shielded from shining into the
nighttime sky so as to prevent light pollution. High intensity lighting
shall be minimized.
I.
Water supply. Adequate provision shall be made for water supply.
J.
Sewage disposal. All uses which will generate wastewater must be
connected to a municipal wastewater facility or provide an on-site
disposal system that complies with all applicable state and local
regulations.
K.
Noise. Where surrounding properties may be adversely impacted by
noise, sound levels exceeding 55 dBA between the hours of 7:00 a.m.
and 11:00 p.m., or exceeding 45 dBA between the hours of 11:00 p.m.
and 7:00 a.m., as measured at the property line, shall be avoided.
L.
Historic properties. Properties of historic value, whether of national,
state or local significance, shall be protected from adverse impact
arising from neighboring properties. The Planning Board may require
additional building setback, green space buffer, and/or vegetative
or other screening in order to minimize adverse visual and other impacts.
A.
This section shall apply to all uses requiring site plan approval
located within all zoning districts.
B.
Buildings shall be designed to be in keeping with traditional architectural
styles found in the Town of Inlet and the surrounding Adirondack region.
Such character shall be determined by the Planning Board, who shall
consider building designs, color schemes and building materials. In
general, clapboard siding, log construction, or wood siding combined
with earth tone color schemes shall be preferred. Building colors
should blend with the neighboring area so that the development does
not take on a visual prominence. Overly bright, garish, brilliant,
luminescent or DayGlo colors shall be avoided. Vertical plywood siding
such as T-111 and asphalt shingles shall be avoided. Asphalt or composite
shingle, slate or standing seam metal are preferred materials for
visible roofing. Roof colors should be neutral to dark. Untreated
"galvanized" roofing and highly reflective roofing shall be avoided.
In approving a site plan the Planning Board shall have the authority
to impose such conditions and restrictions on the design, layout and
operation of a proposed land use and development that it deems reasonable
to fulfill the purposes of this chapter, including but not limited
to:
A.
Requiring landscaping or vegetative screening, and/or the retention
of existing vegetation, to minimize adverse visual impact.
B.
Increasing building setback or other dimensional requirements.
C.
Limiting the size or height of buildings, structures, parking areas
or facilities.
D.
Specifying the location and design of entrances, exits, and off-street
parking space.
E.
Requiring that materials be stored indoors or certain activities
be conducted indoors.
F.
Limiting hours of operation to reduce noise impacts on neighboring
properties.
G.
Requiring stormwater retention ponds or other drainage and pollution
control devices.
H.
Requiring clustering of structures and uses in order to minimize
the burden on public services, and/or to preserve open space character
or open spaces of special significance or importance to the community.
I.
Requiring more stringent shoreline restrictions for particular projects.
J.
Reservation of parkland on site plans containing residential units.
(1)
Before the Planning Board may approve a site plan containing residential
units, such site plan shall also show, when required by such board,
a park or parks suitably located for playground or other recreational
purposes.
(2)
Land for park, playground or other recreational purposes may not
be required until the Planning Board has made a finding that a proper
case exists for requiring that a park or parks be suitably located
for playgrounds or other recreational purposes within the Town. Such
findings shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the Town based
on projected population growth to which the particular site plan will
contribute.
(3)
In the event the Planning Board makes a finding pursuant to Subsection J(2) that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
(4)
Notwithstanding the foregoing provisions of this subdivision, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved Chapter 143 of the Town Code, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
K.
Performance bond or other security. As an alternative to the installation
of required infrastructure and improvements, prior to approval by
the Planning Board, a performance bond or other security sufficient
to cover the full cost of the same, as estimated by the Planning Board
or a Town department designated by the Planning Board to make such
estimate, where such departmental estimate is deemed acceptable by
the Planning Board, shall be furnished to the Town by the owner. Such
security shall be provided to the Town pursuant to the provisions
of Subdivision 9 of § 277 of the New York State Town Law.
An application for approval of a minor project, as defined herein, shall include all information required by § 160-9.
An application for approval of a major project, as defined herein, shall include all information required by § 160-9 and Subsections A and B below:
A.
The following plans:
(1)
A vicinity map at a scale of one inch equals 2,000 feet that shows
the relationship of the project to the surrounding area. Such map
may be superimposed on a New York State Department of Transportation
planimetric quadrangle map of the area that shows land contours as
well as other features.
(2)
Three copies of a site plan map, drawn to an approved scale, prepared
by a professional architect, landscape architect, engineer, or surveyor
registered or licensed in New York State. The map shall include, as
applicable:
(a)
Title of drawing, including name and address of the applicant,
the landowner (if different), and the person responsible for preparation
of such drawing.
(b)
North arrow, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Land contours at appropriate intervals.
(e)
Existing watercourses, bodies of water, drainage patterns.
(f)
Flood hazard areas as shown on the Federal Insurance Administration
Flood Hazard Boundary Map or Flood Hazard Rate Map.
(g)
Proposed grading and drainage plan and/or storm water management
plan.
(h)
Location, design, type of construction, proposed use and exterior
dimensions of all proposed buildings.
(i)
Location, proposed use and height of all buildings, structures
and site improvements including culverts, drains, retaining walls,
and fences.
(j)
Location, design and construction materials of all parking and
truck loading areas, showing points of entry and exit from the site.
(k)
Location of outdoor storage, if any.
(l)
Provision for handicapped access.
(m)
Description of the method of sewage disposal and location of
the facilities.
(n)
Identification of water sources; if well, locate.
(o)
Location, size and design and construction materials of all
proposed signs.
(p)
Location and characteristics of all buffer areas, including
existing vegetative cover.
(q)
Location and design of outdoor lighting facilities.
(r)
Landscaping plan.
(s)
Other information as required by the Planning Board.
B.
Accompanying data, to include the following, as applicable:
(1)
Application form and fee.
(2)
Name and address of applicant and any professional advisors.
(3)
Property deed, or authorization of owner if applicant is not the
owner of the property.
(4)
Estimated project construction schedule.
(5)
Identification of any permits required from other governmental bodies.
(6)
Environmental Assessment Form, Part I.
(7)
Any additional endorsements, certifications or approvals required
by the Planning Board.
(8)
Other information as the Planning Board may reasonably require to
assess the proposed project, including but not limited to location
of fire lanes and hydrants, provisions for pedestrian access, or designation
of the amount of building area proposed for use for retail sales or
other commercial activity.
Costs incurred by the Planning Board for consultation fees or
other extraordinary expenses in connection with the review of a proposed
site plan shall be charged to the applicant. Prior to incurring such
costs the Planning Board shall discuss such costs with the applicant,
and may require that an escrow account be established for such purpose.
Applications for site plan approval shall be processed in the
following steps.
A.
Preliminary review. The Planning Board shall undertake a preliminary review of an application at its first regularly scheduled meeting after the application is submitted. At the review the Board shall determine whether the application is complete, whether a public hearing will be required, what further action will be necessary to fulfill the requirements of SEQRA. (See Subsection C below.) If the application is deemed to be incomplete, then the applicant shall be notified, in writing, of what additional information is required.
B.
SEQRA.
(1)
Planning Board acting as lead agency. Pursuant to the New York State
Environmental Quality Review Act (SEQRA), the Planning Board, in its
initial review of an application, shall determine that no further
action is necessary to fulfill the requirements of said act, or require
that the applicant submit a full Environmental Assessment Form (EAF)
for its review. Upon review of a full EAF the Planning Board shall
issue either a negative declaration, a conditioned negative declaration,
or a positive declaration. If a positive declaration is issued, the
Board shall require that an Environmental Impact Statement be prepared
pursuant to SEQRA.
(2)
Planning Board not acting as lead agency. Where another agency is
acting as lead agency pursuant to SEQRA, the Planning Board shall
coordinate its review with the SEQRA review of the lead agency to
the extent practicable.
C.
Hearing. A public hearing is optional, at the discretion of the Planning
Board, for uses requiring site plan approval. Such hearing shall be
conducted within 62 days of the receipt of a complete application.
Notice of the hearing shall be given to the applicant at least 10
days before the hearing, and shall be printed in a newspaper of general
circulation in the Town at least 10 days prior to the hearing.
D.
Decision. The Planning Board shall render its decision to approve,
approve with conditions, or deny the application within 62 days after
the hearing, or within 62 days of the receipt of a complete application
if no hearing is held, unless an extension is mutually agreed upon.
Notwithstanding this requirement, no decision may be issued unless
and until the Planning Board has fully complied with its obligations
under SEQRA
E.
Record of decision. Within five business days after such decision
is rendered it shall be filed in the office of the Town Clerk, and
a copy shall be mailed to the applicant. All records of decision shall
be in writing, and shall contain findings of fact that support the
decision. The record shall contain any conditions or modifications
required by the Planning Board and the basis for such conditions.
If the site plan is disapproved the decision shall state the reasons
for disapproval.
Should an application require both a variance and site plan
approval the Planning Board shall have the authority to approve the
site plan, and the Zoning Board of Appeals shall have the authority
to grant the variance. The applicant must meet all conditions required
in both approvals.
