[Amended 11-14-2001 by L.L. No. 8-2001]
The purpose of site plan approval is to determine compliance with the objectives of this article in zoning districts where inappropriate development may cause a conflict between uses in the same or adjoining zoning district by creating unhealthful and unsafe conditions and thereby adversely affect the public health, safety and general welfare. The purpose of site plan approval is also to protect and preserve trees and shrubs in a manner consistent with Chapter 175 of the Town Code.
[Amended 7-26-2006 by L.L. No. 8-2006; 9-27-2012 by L.L. No.
9-2014]
A.
Pursuant to § 201-1 of these regulations, and except as provided in Subsection B, below, the Planning Board shall have the authority to review and approve, modify, or disapprove site development plans for the following land use activities prior to the issuance of building, clearing, drainage, highway, or other permits or the commencement of development activities:
(1)
Construction of new buildings or structures.
(2)
Expansion of existing buildings or structures.
(3)
Development, expansion, or modification of parking areas.
(4)
Activities that would result in the modification of an approved site
plan.
(5)
Other site modifications deemed by the Executive Secretary of the
Planning Board to warrant site plan review.
B.
Exceptions to the requirements of Subsection A above are:
(1)
Ordinary repair or maintenance or interior alterations to existing
structures or uses.
(2)
Exterior alterations or additions to one- and two- family dwellings.
(3)
Construction of permitted accessory structures to one- and two-family
dwellings.
(5)
Construction/installation offences, signs or other minor structures
as determined by the Executive Secretary of the Planning Board.
[Amended 7-26-2006 by L.L. No. 8-2006]
Site plan review shall follow a two-step approval
process: preliminary site plan review and approval and final site
plan review and approval. However, at the discretion of the Planning
Board Executive Secretary, application for preliminary and final site
plan review may be combined. For significant or complex projects,
there is an optional sketch plan step.
A.
A sketch plan conference may be held between the Planning
Board and the applicant prior to the preparation and submission of
a formal site plan. The intent of such conference is to enable the
applicant to inform the Planning Board of the proposal prior to preparation
of a detailed site plan and to provide the Planning Board with an
opportunity to review the basic site design concept, to advise the
applicant as to potential problems and concerns and to generally determine
the information to be required on the site plan.
B.
In order to accomplish these objectives, the applicant
shall provide the following at a date specified by the Town prior
to the date when the Planning Board will discuss the sketch plan:
(1)
A sketch showing the locations and dimensions of principal
and accessory structures, parking areas, signs, existing and proposed
trees and other vegetation and other existing or planned features;
a narrative describing anticipated changes to existing topography
and natural features, including but not limited to trees; proposed
water supply and sewage and waste disposal facilities; provisions
for stormwater drainage, recreation and open space; and where applicable,
measures and features to comply with flood hazard and flood insurance
regulations.
[Amended 11-14-2001 by L.L. No. 8-2001]
(2)
A map showing the parcel under consideration for site
plan review and a general description of all properties, subdivisions,
streets, rights-of-way, easements and other pertinent features within
500 feet of the boundaries of the parcel.
(3)
A narrative of the general topography or contours
of the site and additional details of the specific topography of the
area to be disturbed by the proposed development.
C.
The Planning Board, upon review of the sketch plan,
with the concurrence of the Commissioner of Public Works, 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 Planning Board to properly perform
site plan review.
A.
Preliminary site plan review and approval.
(1)
Prior to the submission of the preliminary site plan, the applicant may meet in person with the Planning Board's designated representative to discuss the proposal and to make clear all Town requirements and subsequent steps necessary in the site plan approval process, including but not limited to the information deemed necessary to review the proposed application under Chapters 66, 175 and 203 of the Town Code to address tree protection and preservation. The applicant will be informed of the optional sketch plan conference with the Planning Board. Prior to submission of the preliminary site plan, the applicant shall meet with the Town staff in a workshop to discuss specific concerns of the Town staff. Within six months of the Town staff workshop, the applicant shall submit to the Building Inspector a copy of the preliminary site plan and any related information at least 29 days prior to the Planning Board meeting at which approval is requested. The Planning Board shall act on this application at least 45 days after the preliminary site plan has been accepted by the Town, unless the deadline is extended by mutual consent or unless the deadlines of the State Environmental Quality Review Act (SEQR) do not allow for this decision by the Planning Board because of the SEQR review process.
[Amended 7-14-1999 by L.L. No. 4-1999; 11-14-2001 by L.L. No. 8-2001]
(2)
Within six months following the optional sketch plan
conference and the required Town staff workshop, a copy of the site
plan and any related information shall be submitted to the Building
Inspector at least 10 days prior to the Planning Board meeting at
which approval is requested. If six months elapses between the Town
staff workshop and the submission of the preliminary site, another
Town staff workshop may be required.
(3)
The Building Inspector shall certify on each site
plan or amendment whether or not the plan meets the requirements of
all Comprehensive Development Regulations provisions other than those
of this article regarding site plan approval.
(4)
The Building Inspector shall retain one copy and send
one copy to the Department of Public Works at least eight days prior
to the Planning Board meeting at which approval is requested.
(5)
The Planning Board, upon completion of preliminary
site plan review, shall impose any conditions which the applicant
must meet prior to receiving preliminary site plan approval.
(6)
In the case of a proposed development which is phased
over a number of years, the applicant shall submit an overall plan
for the total development of the project, and a phasing plan for each
phase of the development. If the overall plan for this project is
approved and the first phase of the project is approved, then the
first phase of the project continues on to final site plan review
and approval. If there is no substantial change in the overall plan
or the phasing plan of the project, each succeeding phase of the development
need only be reviewed for final site plan approval. If there are substantial
changes to the overall plan or the phasing plan, the Planning Board
may require subsequent phases to go through preliminary site plan
review and approval.
(7)
Any resubmission of a previously approved preliminary
site plan shall be required to go through the same procedures as the
original preliminary site plan application.
B.
Content of the preliminary site plan. The applicant
shall cause a current site plan map and report to be prepared by a
professional engineer or a land surveyor licensed to practice in the
State of New York, in sufficient detail to permit an adequate review
by an architect, civil engineer, surveyor, land planner or other competent
person. The preliminary site plan shall include the following:
[Amended 5-22-1996 by L.L. No. 2-1996]
(1)
Legal data:
(a)
The name and address of the owner of record.
(b)
The name and address of the person, firm or
organization preparing the map.
(c)
The date, North point and written and graphic
scale.
(d)
Sufficient description or information to define
precisely the boundaries of the property. All distances shall be in
feet and tenths of a foot. All angles shall be given to the nearest
10 seconds or closer. The error of closure shall not exceed one in
10,000.
(e)
The locations, names and existing widths of
adjacent streets and curblines.
(f)
The locations and owners of all adjoining lands,
as shown on the latest tax records.
(g)
The location, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to public use within or adjacent to the property.
(h)
A complete outline of existing deed restrictions
or covenants applying to the property.
(i)
Existing zoning.
(j)
Tape location map and the distance to nearest
public street right-of-way intersection.
(2)
Natural features:
(a)
Existing contours with intervals of five feet
or less, referred to a datum satisfactory to the Board.
(b)
Approximate boundaries of any areas subject
to flooding or stormwater overflows.
(c)
The location of existing watercourses, marshes,
wooded areas, rock outcrops, isolated trees and other significant
existing features.
[Amended 11-14-2001 by L.L. No. 8-2001]
(3)
Existing structures and utilities:
(a)
The location of uses and outlines of structures,
drawings and scale and including the first-floor elevation of principal
buildings, on and within 100 feet of the lot line.
[Amended 7-26-2006 by L.L. No. 8-2006]
(b)
Paved areas, sidewalks and vehicular access
between the site and public streets.
(c)
Locations, dimensions, grades and flow direction
of existing sewers, culverts and water lines, as well as other underground
and aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences,
landscaping and screening.
(4)
Proposed development:
(a)
The location of proposed buildings or structural
improvements, including the first-floor elevation of all proposed
principal buildings.
[Amended 7-26-2006 by L.L. No. 8-2006]
(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 or public address systems.
(d)
The location and plans for any outdoor signs.
(e)
The location and arrangement of proposed means
of access, egress, and circulation for vehicles, bicycles, and pedestrians,
including sidewalks, marked crosswalks and pedestrian pathways to
and within parking lots, sidewalks along street frontages, driveways,
and other paved areas.
[Amended 8-12-2009 by L.L. No. 7-2009]
(f)
Any proposed screening and other landscaping,
including types and locations of proposed street trees.
(g)
The location of all proposed water lines, valves
and hydrants, and of all sewer lines or 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)
If the site plan indicates only a first stage,
a supplementary plan shall indicate ultimate development.
(l)
The percentage of open space provided.
(m)
The gross density per acre.
(n)
Any setbacks or other dimensional information
required by this chapter.
(o)
The location of proposed bicycle racks and other facilities to support
bicycle access.
[Added 8-12-2009 by L.L. No. 7-2009]
(p)
Profiles indicating grading and cross sections showing width of roadway,
location and width of sidewalks, and location and size of water and
sewer lines.
[Added 8-12-2009 by L.L. No. 7-2009]
(5)
Any information deemed necessary by the Planning Board to review the proposed development under Article XVI of Chapter 203 of the Town Code, EPOD (2) Woodlot Protection District, in order to address tree preservation. This may include, but not be limited to, an aerial photograph not more than six years old, with an overlay of the proposed development. The Planning Board may, as a condition for review, require that the applicant be responsible for the costs of a professional arborist selected by the Town to walk the treed areas of the site, identify trees of value by size, species and condition, tag them and report to the Planning Board not more than 60 days after submission of the required materials by the developer. If so requested by the Planning Board, the arborist shall also provide an appraisal of the value of the trees to be preserved. Said value shall be determined in accordance with the latest addition of the "Guide for Plant Appraisal," as published by the Counsel of Tree and Landscape Appraisers. The Planning Board may also refer any development proposal to the Tree Council for its review and report. The Tree Council shall, upon the request of the Planning Board, review the materials supplied by the developer and other records and report to the Planning Board in a timely fashion, but in any event, not more than 60 days after submission of the required materials by the developer. Based on the report and recommendation of the arborist and/or the Tree Council, the Planning Board may require the developer to identify trees of value by locating them on a survey map of the proposed development site. This information shall be used by the Planning Board to determine which trees shall be preserved and so designated on approved development plans.
[1]
Editor's Note: This local law also redesignated
former Subsection B(5) and (6) as B(6) and (7), respectively.
(6)
Any other information required by the most current
checklist prepared by the Town staff in order to conduct their review.
(7)
Any other information deemed by the Planning Board
to be necessary to determine conformity of the site plan with the
spirit and intent of this chapter.
C.
Factors for consideration during preliminary site
plan review. The Planning Board 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 and sanitary waste
disposal facilities.
(8)
Protection of adjacent properties from noise, glare,
unsightliness or other objectionable features.
(9)
Adequacy of water supply facilities.
(10)
Overall impact on the neighborhood, including
compatibility of design, compatibility of the first-floor elevation
of proposed buildings, and the effect of the project on the environment
and preservation of natural features such as trees.
[Amended 11-14-2001 by L.L. No. 8-2001; 7-26-2006 by L.L. No. 8-2006]
(11)
Conformance with the Town Master Plan and other
plans which the Town uses as a guide for appropriate development.
D.
Duration of preliminary site plan approval. If more
than 12 months are elapsed since the time of the Planning Board's
action on the preliminary site plan or if the Planning Board finds
that conditions have changed significantly in the interim, the Planning
Board may require a resubmission of the preliminary site plan and
an additional public hearing for further review and possible revision
prior to accepting the proposed final site plan for review.
[Added 6-25-1997 by L.L. No. 4-1997]
A.
Final application. After receiving approval from the
Planning Board on a preliminary site plan, the applicant may prepare
the final site plan and apply to the Secretary of the Planning Board,
who shall refer the application, when complete in all respects, to
the Planning Board for its review and approval. If more than 12 months
has elapsed since the time of the Planning Board's action on the preliminary
site plan or if the Planning Board finds that conditions have changed
significantly in the interim, the Planning Board may require a resubmission
of the preliminary site plan and an additional public hearing for
further review and possible revision prior to accepting the proposed
final site plan for review. The applicant shall submit with said application
proof acceptable to the Senior Planner, or such other individual as
shall be designated by the Commissioner of Public Works, of the applicant's
ability to obtain necessary permits and required curb cuts from state
and county officials.
[Amended 6-25-1997 by L.L. No. 4-1997; 4-27-2022 by L.L. No. 5-2022]
B.
Procedure for final site plan approval.
(1)
Within 45 days of the receipt of the final site plan
from the Secretary of the Planning Board, the Planning Board shall
render a decision on the final site plan.
(2)
Upon approval, the Planning Board shall endorse its
approval on a copy of the final site plan and shall immediately file
a copy of the final site plan in the Town Clerk's office. A copy of
the final plan shall be forwarded to the Building Inspector, who shall
then issue a building permit, if the project conforms to all other
applicable requirements.
(3)
Requirements for improvements shown on the site plan
shall be those set forth in this article, and shall conform to the
Town's Minimum Specifications for Dedication and any other construction
specifications of the Town.
C.
Content of the final site plan. The applicant shall
cause a current site plan map and report to be prepared by a professional
engineer or a land surveyor, licensed to practice in the State of
New York, in sufficient detail to permit an adequate review by an
architect, civil engineer, surveyor, land planner, or other competent
person. The final site plan shall include the site plan construction
sheet and a drainage report. Site plan construction sheet shall include:
[Amended 5-22-1996 by L.L. No. 2-1996]
(1)
All the information required for preliminary site
plans.
(2)
The lines of existing and proposed streets and sidewalks
immediately adjoining and within the site, including geometric layout
of proposed streets.
(3)
The names of existing and proposed streets.
(4)
Typical cross sections of proposed streets.
(5)
Profiles of proposed streets at suitable vertical
scale showing finished grades in relation to existing ground elevation.
(6)
The layout of the proposed building, including the
first-floor elevation of the principal buildings, and the proposed
layout of parking areas and any other proposed structures or uses.
[Amended 7-26-2006 by L.L. No. 8-2006]
(7)
The location, size and profile of any existing and
proposed sewers (stormwater or sanitary), manholes, drain inlets,
catch basins, water mains and pipes on the property or
into which any connection is proposed.
(8)
Provisions for water supply and sewage disposal and
evidence that such provision have received approval from the Monroe
County Department of Health.
(9)
Location of survey monuments. Before acceptance of
the dedication of the highways or streets, a certificate by a licensed
land surveyor must be filed certifying that the above monuments have
been placed where indicated on the map.
(10)
Plans and typical cross sections of proposed
sidewalks or other pedestrian linkages, if applicable.
(11)
Development plan, including landscaping, for
any proposed park or playground within the site.
(12)
A landscaping plan consistent with the landscaping
requirements of these regulations and a preservation plan for protection
of trees.
[Amended 11-14-2001 by L.L. No. 8-2001]
(13)
Specifications or references to Town standards
for all facilities to be constructed or installed.
(14)
Certification by a licensed professional engineer,
licensed landscape architect and a licensed land surveyor as evidence
of professional responsibility for the preparation of the construction
sheet.
(15)
The boundaries of the site and information to
show the location of the site in relation to surrounding property
and streets, including names and tax account numbers for adjacent
sites. In whatever manner is practical, the site boundary shall be
referenced from two directions to establish United States Coast and
Geodetic Survey monuments or New York State Plan Coordinate monuments.
In the event that such monuments have been obliterated, the site boundary
shall be referenced to the nearest highway intersections or previously
established monuments. Any combination of types of reference points
may be accepted which would fulfill the requirement of exact measurements
from the boundary to reference points previously established for or
by a public agency.
(16)
The lines and purposes of existing and proposed
easements immediately adjoining and within the site.
(17)
The lines, dimensions and areas in square feet
of all property that is proposed to be reserved by deed covenant for
the common use of the property owners of the site.
(18)
A legal description of all areas to be dedicated
to the Town.
D.
Content of the drainage report. When requested by the Town Engineer or Planning Board, this report shall be provided and shall present plans and supporting data for stormwater management within the site. This report should be consistent with the requirements of Chapter 215, Stormwater Management, and shall include:
(1)
Plans, profiles and typical and special sections of
the proposed stormwater management facilities.
(2)
Supporting final design data and copies of computations
used as a basis for the design capacities and performance of the stormwater
management facilities.
(3)
Grading plan developed with grading details to indicate
proposed street grades and elevations. The contour interval of the
grading plan shall be one, two or five feet vertical, as may be directed
by the Town Engineer.
(4)
If development on the site is likely to cause siltation
or erosion because of the existing topography or if the site is in
the EPOD (1) Steep Slope Protection District, a development permit
is required and an erosion report shall be prepared. For all other
developments, map notations should indicate method of erosion/siltation
control, and who is responsible for these facilities until ground
cover has been reestablished.
(5)
If the site is within or adjacent to an EPOD (3) Watercourse
and Floodplain Protection District, a development permit is required.
The drainage report shall also include a detailed analysis of the
one-year flood frequency and the floodplain management techniques
to be used.
E.
A final site plan, following approval by the Planning
Board, shall be valid for a period of one year from the date of such
approval. Upon application, the Planning Board shall have the right
to extend any approval for an additional year. If the application
for extension is not approved, the Planning Board shall give reasons
why this extension was not granted.
The Planning Board shall administer the Subdivision Regulations pursuant to Chapter 213 of the Comprehensive Development Regulations.
[Added 6-26-2002 by L.L. No. 4-2002]
All work performed pursuant to the approval
of the Planning Board shall be constructed in accordance with all
conditions of approval and approved plans.
[Added 8-12-2009 by L.L. No. 7-2009]
A.
Sidewalks
shall be provided along street frontages, and sidewalks, marked crosswalks
and pedestrian pathways shall be provided to and within the parking
lots of office, industrial, commercial and multifamily uses, when
required by the Planning Board.
B.
Bicycle
racks shall be provided by office, industrial, commercial and multifamily
uses when required by the Planning Board.
