[Added 6-13-2000 by L.L. No. 2-2000]
[Amended 5-14-2013 by L.L. No. 2-2013]
It is the intention of this article to ensure the efficient
use of land, consideration of potential impacts on the environment
and their avoidance, wherever possible, and the promotion of high
standards in the design, layout, landscaping and construction of development,
and to ensure development conforms to the provisions of this chapter.
A.
No development shall occur within the Town of Somerset unless in
accordance with the provisions of this article. No building permit,
variance, special use permit or certificate of occupancy shall be
issued until all requirements of this article have been satisfied
and the site plan has been approved by the Planning Board.
B.
A site plan shall be submitted and required for the following:
(1)
Any development in a B, PUD, GI or I District that involves
construction or addition requiring a building permit or the addition
or improvement of parking spaces, utilities/roads or stormwater management.
(2)
Churches, private schools, institutional uses and recreational
development where parking, landscaping or structures are involved.
C.
Exemptions.
[Added 5-14-2013 by L.L. No. 2-2013]
(1)
The following actions/projects have been deemed to be minor
in nature, and if they are shown to meet the criteria in this section,
will not require site plan approval as outlined in this article. The
first criterion needed to be met to obtain this exemption from site
plan approval is that an approved site plan representing the project
site must be on file at the Town (valid site plan or building plan
from previous construction on the site). If the project meets this
criterion, requires no variances, and, in general, meets one or more
of the following criteria, the project may not require site plan approval:
(a)
Additions to existing structures, new accessory structures or
additions to accessory structures, of less than 1,000 square feet
or which represent less than 10% of the existing structure as shown
on the approved filed site plan, whichever is less.
(b)
Modifications to the exterior of the building.
(c)
Interior changes to a building or structure not requiring additional
parking (as determined by the Code Enforcement Officer).
(2)
To obtain this exemption, the following process shall be followed.
Upon application for a building permit, the Town's Code Enforcement
Officer, utilizing a form created by the Town, will review the application
and make a preliminary determination as to whether site plan review
is required. This form, and the Code Enforcement Officer's determination,
will be reviewed by the Town Engineer (or another person designated
by the Town Board) and if both agree that the project does not site
plan review, sign the form. This signed form will allow the applicant
to proceed with acquiring a building permit. If it is determined that
the project does not meet the criteria for an exemption, the project
must be processed through the requirements of site plan approval outlined
in this article.
A.
Sketch plan.
(1)
Presubmittal meeting. Prospective applicants for site plan review
shall schedule a meeting with the Code Enforcement Officer and other
appropriate individual(s) for identification of critical development
issues and the appropriate information to accompany the application.
Appropriate review agencies and Town officials will be identified
for coordination and the SEQRA responsibilities will be provided.
The Code Enforcement Officer may waive sketch plan requirements for
small projects and institutional projects that would not benefit from
sketch plan review.
(2)
Sketch plan.
(a)
All applicants for site plan review shall submit 10 copies of
a sketch plan of the proposed development, an application with supportive
information and a State Environmental Quality Review Act environmental
assessment form (Part I) to the Code Enforcement Officer for review
by the Planning Board. The submission will be reviewed for completeness
and scheduled for Planning Board review by the Code Enforcement Officer.
(b)
The Planning Board will review the overall design concepts,
development layout, infrastructure, natural features, neighborhood
implications and prospective environmental issues to guide the site
plan development. The Planning Board will also initiate the SEQRA
process, if appropriate, and advise the applicant on the likely preparation
of an environmental impact statement and a SEQRA hearing.
(c)
The Planning Board will assess the sketch plan and accept; accept
with conditions; or reject the submission. Any conditions recommended
by the Planning Board must be included in the formal application and
shall be reflected in the site plan. Such conditions may include a
variance or other zoning approval, which must be authorized prior
to the submission of the formal site plan. Any reasons for disapproval
of the sketch plan will be provided in writing to the applicant and
would offer the minimum response for any reconsideration of a new
sketch plan.
(3)
Sketch plan requirements. The sketch plan shall include the
following minimum elements for consideration:
(a)
A boundary survey of the property certified by a licensed surveyor
or engineer, including overall dimensions, acreage, owner(s), adjacent
owner(s), rights-of-way and easements.
(b)
A location map of the property identifying the general area
and adjacent roads.
(c)
Identification of major landforms, streams, steep slopes and
natural features.
(d)
Approximate location of existing and proposed structures, parking
and loading spaces, site access and circulation, utility connections,
buffers for adjacent development, easements and other planned development
at a scale of one inch equals 200 feet or greater.
(e)
Anticipated changes to the site with respect to topography/grading,
flood hazard areas, drainage/stormwater management, vegetation/landscape
and physical features of the site.
(f)
The zoning of the site, including any proffers of conditions
thereto, and the zoning designation of properties surrounding the
site.
(g)
Any other information as may be required by the Code Enforcement
Office or Town Engineer to clarify the proposed development and/or
aid the Planning Board in the evaluation of the application.
B.
Site plan.
(1)
Upon approval or approval with conditions of a sketch plan by
the Planning Board, an applicant may prepare a formal site plan in
accordance with this section and submit it to the Code Enforcement
Officer for scheduling of a public hearing and formal consideration.
Any conditions requested by the Planning Board in the sketch plan
review must be addressed by the site plan and included, where appropriate.
The site plan shall be prepared by an architect, landscape architect,
engineer or surveyor licensed in New York State and certified with
his or her original signature and seal.
(2)
The Code Enforcement Officer shall determine the completeness
of the application for consideration by the Planning Board based on
the following minimal information:
(a)
The location of the tract or parcel by means of an inset map
at a scale not less than one inch equals 2,000 feet, indicating the
names of adjoining roads, streams, bodies of water, railroads, subdivisions
and landmarks sufficient to identify the location of the property.
(b)
A boundary survey of the property, plotted to scale, including
the acreage and legal description thereof and the location of survey
datum.
(c)
A certificate bearing the original signature of the surveyor
or engineer, setting forth the source of title and the place of record
of the last instrument in the chain of title.
(d)
Title of drawing, including the name and address of the applicant,
the developer and person(s) responsible for preparation of the drawing.
(e)
Existing structures, roads, easements, utility lines, streams
and drainageways, floodplain and wetland designations, natural features
and landforms.
(f)
Existing topography at a maximum of two-foot intervals.
(g)
Zoning and present use of the property and surrounding properties;
setback of existing development to the nearest property line.
(h)
A plan of the proposed site development at a scale of one inch
equals 50 feet or larger that includes the following elements:
[1]
North arrow, scale and date.
[2]
Proposed streets and easements.
[3]
Location, type and size of vehicle entrances, including
fire lanes. Any project located on a state highway, requiring a new
or modified entrance, shall have a plan also depicting all existing
driveways and roadways adjacent to and opposite from the proposed
development. The plan shall also include driveway details showing
driveway dimensions and curb radii, pavement markings and any necessary
signage.
[4]
All off-street parking, loading and stacking, indicating
surfacing, size and angle of stalls, width of aisles and the schedule
of spaces to serve the proposed development.
[5]
Location of proposed structures, including number
of floors, floor area, height, gross density (building square footage
per total acres) and net density (building square footage per net
acres, i.e., total acres minus setback and required conservation area),
setback and proposed use of each structure.
[6]
Layout of proposed structures, including number
of floors, floor area and height.
[7]
Proposed grading matched to existing contours and
supplemented by finished floor, building and spot elevations, where
appropriate.
[8]
Location, type and height of lighting, fencing,
retaining walls and screen planting, where required, and signage.
[9]
Drainage channels and their direction of flow and
stormwater management facilities.
[10]
Proposed utility connections and location, size
and grade of sewer and water lines.
[11]
Refuse collection and removal areas and their
screening from adjacent streets and properties.
[12]
Water and sanitary sewer profiles identifying
the vertical and horizontal alignments, connection details to existing
facilities, invert and rim elevations, pump stations and force mains,
hydrants, valves, blowoffs, etc.
[13]
Pavement profile and details, including a typical
cross-section of parking and drive areas, vertical and horizontal
curves (where appropriate), entry and curb radii, handicapped parking
designation and handicapped ramps and curbs.
[14]
Grading and drainage plan which incorporates stormwater
management for the proposed development, including location, type
and size of facilities and the identification of easements to accommodate
existing and proposed drainage and management facilities; calculations
of stormwater management and drainage shall be prepared by a professional
engineer, in accordance with generally accepted engineering practices.
[15]
General landscape plan and planting schedule.
[16]
Summary of the proposed development, including
uses, acreage, descriptions of the utility plans, projected traffic
impact and circulation, site soils and zoning conditions that apply
to the development. Any separate permits (state or federal) required
for the development must be obtained prior to finalization of site
plan approval. Proposed easement or right-of-way dedications must
be provided on a separate plot map for recording.
A.
Staff evaluation. An application for site plan review must be complete
as specified in this section and submitted to the Code Enforcement
Officer at least 30 days prior to the Planning Board meeting to provide
adequate opportunity for review, distribution of notices and advertisement
of necessary meetings. The Code Enforcement Officer is responsible
for coordination of the review and may include the Town Engineer,
Highway Superintendent and such other agencies in the review process,
as appropriate, to advise the Planning Board. The application must
be accompanied by the application form, application fees (as established
by the Town Board), the plan as specified herein, supportive documentation,
SEQRA environmental assessment form (Part 1) and any additional information
as may be requested by the Code Enforcement Officer or the Town Engineer
for consideration of the site plan. The evaluation shall include compliance
with the Zoning Ordinance and this article, consistency with Town
maps and plans for development review, compatibility with neighborhood
development and conformance with general principles of site planning
and engineering.
[Amended 5-14-2013 by L.L. No. 2-2013]
B.
Environmental review. Any application for site plan review must be
accompanied by a completed environmental assessment form (Part 1)
identifying the prospective impact resulting from the proposed development
and demonstrating the opportunities or mitigation or planned revisions
to avoid such impacts. It is assumed that the Planning Board will
be lead agency for all applications, subject to SEQRA determination,
and be responsible for the conduct of review procedures as required
by SEQRA. Any obligations for fulfillment of the SEQRA regulations,
including the satisfaction of procedures and the preparation and review
of an environmental impact statement, if required, shall be borne
by the applicant. A SEQRA (EIS) public hearing, if required, shall
be coordinated with the site plan hearing and conducted simultaneously,
where practical.
C.
Planning Board Review.
(1)
An applicant shall provide 10 copies, clearly legible, of the
complete application to the Code Enforcement Officer for review by
the Planning Board. The Planning Board shall review the site plan
and make a determination based on the provisions of this article within
62 days of the public hearing, unless extended by the applicant. (This
time period does not begin unless the SEQRA process is completed.)
The determination shall be in the form of a written record of approval,
approval with conditions or disapproval of the site plan and shall
be filed with the Town Clerk.
(2)
The Planning Board may impose special conditions or modifications
limiting the use or occupancy of the proposed land and development
consistent with the intent and purposes of this chapter. Any conditions
so imposed shall become a part of the site plan approval and must
be satisfied prior to the issuance of any permits for development.
No building or other development permit shall be issued for property
that is subject to the site plan review process except in conformity
with the approved plan for that site.
(3)
The Planning Board approval or denial and any conditions thereto
shall be guided by the following general standards for site development:
(a)
Conformance with this chapter, adopted Town development plans,
an approved development plan that includes the subject site, if one
exists, and all other applicable laws.
(b)
Compatibility of the proposed development with the natural features
of the land, the topography and the environmental attributes of the
site.
(c)
The general layout and design of buildings, light, signage,
open space and development features consistent with reasonable planning
principals.
(d)
The location and design of vehicular entrances/exits, including
emergency access and fire lanes, in relation to the street system,
traffic circulation and control within the site; and coordination
of access points and circulation with adjoining properties.
(e)
The provision and protection of pedestrian movement on the site
and their coordination with adjoining properties and the street system
(handicapped accessibility as required).
(f)
The location and adequacy of parking, loading and stacking areas,
including the provision of opportunities for handicapped parking.
(g)
Provisions of landscape, screening and buffers to complement
development and protect adjacent uses from unsightliness, noise, glare
and other nuisances. Such elements shall also be used to promote the
availability of green space in nonresidential development and recreation
space in residential development to avoid a continuous pavement or
building environment.
(h)
Adequate provision for drainage and stormwater management facilities.
(i)
Adequacy of sewer and water facilities, fire protection and
conformance with Town regulations for the provision and construction
of those services.
(j)
The concurrence of Town agencies, New York State Department
of Transportation, New York State Department of Environmental Conservation
and other county or state agencies, as appropriate.
In furtherance of the purposes of this chapter and to assure
the public safety and general welfare, the Planning Board may require
the following improvements:
A.
The designation of pedestrian walkways or sidewalks for the safe,
convenient movement of patron(s) from building to building within
the site and to adjoining sites.
B.
The dedication of rights-of-way and easements for all facilities
which may become publicly maintained for full frontage of the lot
or parcel prior to the issuance of any certificate of occupancy.
D.
The construction of curbs, gutters and drives which will permit vehicular
travel on the site, and their connection to and from adjacent parking
areas and properties.
E.
Screening, fencing, walls, berms and plantings adequate to screen
views in accordance with requirements of this chapter for adjacent
subdivisions, contrasting development of less intensity and state
highways of limited access. Designated plantings and landscaping shall
be in accordance with the approved schedule and annually maintained
by the property owner.
F.
Adequate sewer, water and stormwater drainage facilities in accordance
with Town regulations, including lines, connections, retention facilities,
valves, hydrants and other facilities.
Prior to the issuance of any building permit or authorization
for development of any portion of the site, there shall be executed
by the owner or developer an agreement to construct the required physical
improvements located within public rights-of-way and easements together
with a bond securing the estimated cost of said improvements and necessary
legal and engineering fees as determined by the Code Enforcement Officer.
The agreement and bond shall be adequate to provide for the completion
of all work covered therein plus an additional 20% for administration
and services should execution of the bond be necessary. The reservation
of performance offered by the bond may be released in phases by the
Code Enforcement Officer as entire components of the work are concluded,
inspected and approved as complete.
A.
No change, revision or modification to any approved plan may be made
without the authorization of the Planning Board after due consideration
of a written request. Minor changes which do not affect the site facilities
or the intent of the site plan may be authorized by the Code Enforcement
Officer. Any site plan may be formally revised in the same manner
and utilizing the same process as originally approved by the Planning
Board, including fees and hearings as required.
B.
Approval of a site plan authorized under this article shall expire
within one year from the date of approval unless building permits
have been obtained for the proposed development. A single extension
of six months may be granted after consideration by the Planning Board
prior to the expiration of the site plan.
C.
Any application which has been inactive, incomplete or which has
not had a building permit application for a period of six months shall
be subject to termination by the Code Enforcement Officer, and the
applicant must reapply to be considered further.
A.
Upon satisfactory completion of all required improvements shown on
the approved site plan, an "as-built" plan shall be submitted for
the review and approval of the Code Enforcement Officer at least two
weeks prior to the occupancy of the building. Such plan shall include
the record of all progress and final inspections for the installation
of all on-site and off-site improvements as approved by the Code Enforcement
Officer or certified by a licensed engineer. The completion of "as-built"
plans and the successful inspection reports shall be the basis for
releases of any performance bond or portion thereof as it relates
to the public improvement(s) and excluding any private improvements
that may be part of the project.
B.
A final occupancy permit may be issued for any appropriately completed
building, or portion thereof, located on a part of any approved site
plan, provided that:
(1)
"As-built" plans have been submitted and approved for the required
improvements on the site plan that relate to and provide services
to the requested building for occupancy;
(2)
All inspections and conditions that are required for the service
and support of the building requested for occupancy have been successfully
completed and are certified for use by the proposed use(s) being requested;
(3)
Any off-site improvements related to and necessary to service
the requested building for occupancy have been completed and successfully
inspected; and
(4)
Any remaining on-site construction will not adversely affect
the occupants or the intended use of the building requested for occupancy.
