Site plan review applies to those uses listed as requiring site plan review in the Schedule B: Lot Development Standards,
included as an attachment to this chapter. The purpose of the site plan review process is to ensure the orderly and safe arrangement, layout and design of a proposed project. Prior to the commencement of the site plan review process, the Code Enforcement Officer shall decide if the proposed site plan application is in conformance with the zoning requirements of the district(s) in which the property is located. The Code Enforcement Officer shall then refer the site plan to the Town Planner and Planning Board for its review and approval in accordance with § 274-a of the Town Law and the standards and procedures set forth in this article.
All land use activities which meet one or more of the criteria
below shall, prior to the issuance of a building permit, receive site
plan approval from the Planning Board, pursuant to the procedures
and standards of this article of this chapter.
A. All uses requiring site plan review listed in the Schedule A, except for the following uses and activities, which shall
be exempt from site plan review:
(1) Customary accessory uses.
(2) A change of use that shall not result in a new or expanded structure.
(3) An alteration to the exterior of the principal structure that shall
not be a major alteration of appearance.
(4) A surface parking increase of 25% or up to four additional spaces,
whichever is greater; except that the addition of 10 or more spaces
or changes to ingress or egress shall always require site plan review.
(5) Ordinary landscaping or grading that is not conducted in connection
with land use reviewable under the provisions of this chapter.
(6) Ordinary repair or maintenance or interior alterations to existing
structures or uses.
B. All land use activities proposed within the boundaries of any Natural Resource Overlay District, described in Article
VI of this chapter, and shown on the Town of New Hartford Zoning Map.
C. All planned developments according to the procedure in Article
VII.
D. All alterations to traffic circulation within a site and impacting
ingress and egress to the site.
E. Site plan approval shall also be required for any development which is the functional equivalent of a land subdivision but which is structured for ownership purposes as a condominium project. In such cases, the Planning Board shall apply all relevant review criteria contained in Chapter
104, Subdivision of Land, as well as the provisions of this article.
If, after an applicant receives the Planning Board's final approval
on a site plan, the applicant wants to amend said site plan, the applicant
shall submit a letter to the Planning Board Secretary describing the
nature of the modifications and go before the Planning Board for its
review and pay the applicable fee in accordance with the fee schedule
established and annually reviewed by the Town Board.
Reasonable costs incurred by the Planning Board for private consultation fees or other expenses 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 fees required in §
118-140, Fees.
Before the Planning Board approves a site plan, the Planning
Board may require that the applicant furnish to the Town a financial
guaranty for performance of the required approvals. The time allowed
for installation of improvements for which the performance guaranty
has been provided may be extended by the Planning Board.
A. Performance bond. Such bond shall be in an amount not to exceed 120%
of the cost of installation of improvements. Such bond shall be issued
by a financial institution in New York State and shall be satisfactory
to the Town Attorney as to form, sufficiency and manner of execution
and satisfactory to the Town Board as to surety. The bond shall be
released only by resolution of the Town Board when all requirements
and completion of improvements have been satisfactorily met by the
applicant. The responsibility for determining that improvements have
been satisfactorily met shall rest with the Town Engineer, who shall
report to the Town Board.
B. Letter of credit. An irrevocable letter of credit from a bank or
other reputable financial institution in New York State may be accepted
by the Planning Board in lieu of a performance bond. Such letter of
credit shall be satisfactory to the Town Attorney as to form, sufficiency,
manner of execution and institution.
C. Escrow account. The deposit of cash, by the applicant, with the Town
or its designated bank is to be held in escrow pursuant to an escrow
agreement. The escrow agreement shall be satisfactory to the Town
Attorney as to form, sufficiency, manner of execution and financial
institution.
Upon issuance of a site plan permit, the applicant shall have
two years within which to commence the construction of the use. If
said period passes without commencement, the site plan permit shall
be considered null and void.
The Code Enforcement Officer shall give reasonable written notice
to the owner(s) of his or her intent to examine or inspect any building
or property and shall enter only with permission of the owner. At
such time, the Code Enforcement Officer shall have the right to enter
upon, examine and inspect, or cause to be entered, examined and inspected,
any building or property for the purpose of carrying out his or her
duties, and to determine the compliance by request with the provisions
of this chapter. If such permission is denied, the Code Enforcement
Officer shall contact the Town Attorney to pursue appropriate legal
action necessary to gain entry for the purposes of examination and
inspection of the building or property in question.
Whenever the particular circumstances of a proposed development
require compliance with either another procedure in this chapter,
the requirements of the Town of New Hartford Subdivision Regulations or the requirements of the State Environmental Quality
Review Act, the Planning Board may integrate, if it deems appropriate,
site plan review as required by this article with the procedural and/or
submission requirements for such other compliance. Such integration
of procedures may require, upon mutual written consent of the Planning
Board and the applicant, reasonable modification of the time schedules
otherwise stated in this article.
The Planning Board's review of a site plan shall include, as
appropriate, but is not limited to, the following:
A. Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers,
structures and traffic controls.
B. Adequacy and arrangement of pedestrian traffic access and circulation,
walkways, control of intersections with vehicular traffic and overall
pedestrian convenience.
C. Location, arrangement, appearance and sufficiency of off-street parking
and loading.
D. Location, arrangement, size, design and general site compatibility
of principal and accessory buildings, lighting and signage.
E. Adequacy of stormwater and drainage facilities.
F. Adequacy of water supply and sewage disposal facilities.
G. Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between the applicant's
land and adjoining lands, including the maximum retention of existing
vegetation.
H. In the case of an apartment complex or other multiple dwelling, the
adequacy of usable open space for play areas and informal recreation.
I. Protection of adjacent or neighboring properties against noise, glare,
unsightliness or other objectionable features.
J. Adequacy of fire lanes and other emergency zones and water supply
for fire emergencies.
K. Special attention to the adequacy of structures, roadways and landscaping
in areas with susceptibility to ponding, flooding and/or erosion.
L. Compatibility of building design with existing characteristics of
the neighborhood.
The following standards and considerations shall be utilized
by the Planning Board for the review of a site plan, and no application
shall be approved or approved with conditions or modifications which
does not reasonably comply with these standards. In addition, any
applicable standards or requirements of the Town Code shall also apply
and be utilized by the Planning Board in its review of a proposed
site plan.
A. Aesthetics.
(1)
Site development shall be planned so that it harmonizes with
the existing landscape character and blends into the landscape by
using existing land forms and vegetation.
(2)
Where new construction or substantial rehabilitation is concerned,
the needs of the site for plantings, paving, screening and other landscaping
amenities shall be considered.
B. Off-site impacts.
(1)
Development shall be planned and undertaken so as to minimize
impacts upon adjoining and nearby land uses, to the extent practicable.
(2)
Any noise, odor, vibration, dust, gas or emission of any type
that is likely to result from the nature of the operation shall not
be hazardous or create a nuisance.
C. Existing topography and vegetation.
(1)
Existing vegetation, topography and careful siting methods shall
be utilized to minimize the visual impact of the proposed development.
(2)
Cuts for roads and other site development shall be stabilized
and vegetated to avoid erosion and sedimentation.
D. Cultural, historical and geological forms. Cultural, natural or geologic
features shall be preserved to the extent possible.
E. Construction activities.
(1)
All earthmoving activities shall be planned in such a manner
as to minimize the amount of land area disturbed.
(2)
Natural features such as topography, waterways and other similar
resources should be preserved, and development shall conform substantially
with natural boundaries and alignment of watercourses.
(3)
Permanent vegetation shall be successfully established, and
permanent erosion control structures shall be installed in accordance
with the construction schedule approved by the Planning Board. Wherever
feasible, indigenous vegetation shall be retained and protected.
(4)
Where it is not possible to permanently stabilize a disturbed
area immediately after the final earthmoving has been completed or
where the activity ceases for more than 30 days, interim stabilization
measures shall be implemented promptly, including mulching and planting
of vegetation.
(5)
Runoff from any slope exposed for longer than 30 days shall
be controlled through utilization of mulching, check dam, temporary
sediment basins and other generally approved engineering methods.
(6)
Topsoil from all areas to be excavated shall be removed and
stored. Upon completion of the earth movement, the topsoil shall be
respread to provide a suitable base for seeding and planting, except
on the immediate building site and the road leading to it.
(7)
All fill material shall be of a composition suitable for the
ultimate use of the fill, free of rubbish and toxic waste. Fill material
shall be compacted sufficiently to prevent problems of erosion.
F. Drainage.
(1)
All development activities requiring site plan review shall meet the stormwater pollution prevention requirements of Chapter
101 of the Code of the Town of New Hartford.
(2)
Satisfactory provision shall be made for surface water drainage;
existing drainage and runoff patterns shall not be disturbed any more
than necessary.
(3)
Satisfactory provision shall be made for control of soil erosion
and for revegetation of disturbed soil areas.
(4)
Postdevlopment runoff rates shall be equivalent to or less than
predevelopment runoff rates unless otherwise permitted in writing
by the Planning Board.
(5)
The applicant shall provide measures to the satisfaction of
the Board to ensure long-term maintenance of retention and detention
basins, including periodic clearing of filters, removal of debris
and sediment and weed-cutting. Wherever possible, restrictive deed
covenants shall be used to assure that maintenance responsibilities
are legally binding.
G. Roads and parking.
(1)
Vehicular circulation and service access shall be planned to
protect adjoining properties and pedestrians and to avoid pedestrian/vehicular
conflicts.
(2)
The visual impact of parking areas shall be minimized.
(3)
Parking areas and driveways shall be designed and constructed
to provide convenient access to and from public highways.
(4)
Activities which involve a new road or driveway entering onto
a public highway shall comply with the following standards:
(a)
The point of intersection with the public highway shall be a
point at which sight distances are good and sufficient in both directions.
(b)
The angle of intersection with the public highway shall be as
close to 90° as possible.
(c)
In the case of new connections to Town highways, the existing
public road drainage shall be protected so that surface drainage flow
is not impeded. The applicant's engineer, in consultation with the
Town Engineer, shall prescribe the size and type of culvert, if any,
to be utilized at the point of intersection. The Planning Board shall
prescribe whether the applicant or the Town itself (at the applicant's
expense) will supply and/or install the culvert, after recommendation
of the Town Engineer.
(d)
Any access permits necessary from the Town, Oneida County or
the State of New York as a result of access causing entry to a state,
Town or county highway shall be obtained by the applicant, in addition
to compliance with the terms of this section.
(5)
All proposed traffic access and roads shall be adequate in width,
grade, alignment and visibility. Necessary traffic signalization,
stop signs, other safety controls, devices and facilities shall be
given proper consideration and be duly provided wherever appropriate
or warranted.
(6)
Access shall be restricted to discrete points of entry and exit
and shall not be along the entire road frontage of the project.
(7)
An area or areas shall be provided on site for the storage of
snow, said area(s) located so as to avoid obstructing drivers' vision,
protect landscaping elements and avoid posing problems for adjoining
properties.
(8)
All roads shall be planned and installed to logically relate
to the existing soils, topography and vegetation. For these purposes,
areas with steep slopes, shallow soils, soils with the water table
at or near the surface and soils that are highly susceptible to erosion
or slippage shall generally be avoided.
(9)
Clearing and grading of roads in wooded areas shall be limited
to that which is necessary to provide needed roadside and embankment
drainage, construct stable cuts and fills and provide for utility
installation.
(10)
All cleared banks, exposed burrow areas and cut and fill slopes,
including ditch banks, shall be revegetated in a manner suited to
site conditions.
(11)
Ditch bottoms shall be constructed and maintained to minimize
soil erosion during periods of peak flow by means of revegetation,
sodding, mulching, netting, stone paving, riprap and other materials
or combinations of these, depending on hydraulics and soil properties.
(12)
Public road grades shall not exceed 10%. Private drive grades
shall not exceed 12%.
(13)
Where feasible, access should be combined with existing access
to public roads, and consideration should be given to the number and
width of access points.
H. Sewage. Every on-lot sewage disposal system shall comply with the
standards as to type, capacity, location, layout and minimum lot size
requirements of the New York State Department of Health (NYSDOH) and,
where applicable, the regulations of the New York State Department
of Environmental Conservation (NYSDEC). In case of conflict between
the requirements of the NYSDOH and NYSDEC, the most restrictive shall
prevail.
I. Water supply. All water supply systems shall comply with the requirements
of the NYSDOH and NYSDEC. In case of conflict between the requirements
of the NYSDOH and NYSDEC, the most restrictive shall prevail.
J. Emergency access. All proposed structures shall be readily accessible
for emergency vehicles, including police, ambulance and fire protection.
K. Watercourse protection. Any paved or otherwise improved parking area,
driveway or loading or service area within 100 feet of any watercourse
shall be designed and constructed so as to minimize surface runoff
and the entrance of any chemical pollutants or soil siltation into
the waterway.
L. Erosion and sedimentation control. The provisions of the NYSDEC's
publication, entitled "Best Management Practices," shall apply with
the particular intent of preventing the entrance of chemical pollutants
into surface water and groundwater resources.