Prior to undertaking any new land use activity, except as specifically excepted in § 117-5C of this chapter, a site plan approval by the Planning Board is required. Applicants for site plan approval should follow the recommended procedures related to the sketch plan conference as hereinafter set forth. Applicants must comply with all other procedures and requirements of this chapter. No building permit nor any certificate of occupancy shall be issued for any structure that is subject to the provisions of this chapter unless final site plan approval for same has been granted by the Planning Board.
A.
The applicant may request a sketch plan conference, such request to be made in writing to the Planning Board Chair by the applicant at least 14 days prior to a regularly scheduled meeting of the Planning Board. If the Chair determines that there is insufficient time at the meeting to hold a sketch plan conference, the Chair shall arrange with the applicant to hold a sketch plan conference at a mutually agreed upon time within 45 days of receiving the request for a conference. This period may be extended upon agreement of both parties.
B.
A sketch plan conference shall be held between the Planning Board, Town Code Enforcement Officer, and applicant, prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Board of his or her proposal prior to the preparation of a detailed site plan, and 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. In order to accomplish these objectives, the applicant shall provide copies (one for each Planning Board member) of the following to the Planning Board Chair at least 14 days prior to a regularly scheduled meeting of the Planning Board:
(1)
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access, proposed signs (with descriptions), existing and proposed vegetation, and other planned features; anticipated changes in the existing topography and natural features; and such other information deemed necessary by the Code Enforcement Officer.
(2)
An area map showing the general location of the parcel under consideration for site plan review, and all properties, subdivisions, streets, rights-of-way, easements and other pertinent features within 500 feet of the boundaries of the parcel; and
(3)
A topographic or contour map of adequate scale and detail to show site topography and drainage.
A.
Following the sketch plan conference, an application for site plan approval shall be made, in writing, to the Chair of the Planning Board and shall be accompanied by copies, for each Planning Board member, of the information contained on the following checklist. Changes to this checklist (additions and/or deletions) may be made as determined necessary by the Planning Board at said sketch plan conference.
B.
Site plan checklist:
(1)
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing;
(2)
North arrow, scale and date;
(3)
Owner, tax identification number, and boundaries of the property plotted to scale, and names of owners of adjoining parcels;
(4)
Existing buildings, structures and streets on site and within 500 feet of the boundaries of the site;
(5)
Location, width and purpose of all existing and proposed easements, setbacks, right-of-way reservations, and areas dedicated to public use within and adjoining the property;
(6)
Description of all existing and proposed deed restrictions or covenants applying to the property;
(7)
Grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics, and watercourses;
(8)
Location, design, type of construction, proposed use and exterior dimensions (including height) of all buildings and structures;
(9)
Location, design and type of construction of all parking and truck loading areas, showing access and egress including all driveways;
(10)
Provision for pedestrian access, sidewalks, and bike paths if any;
(11)
Location of outdoor storage, if any;
(12)
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences;
(13)
Description of the method of sewage disposal and location, design and construction materials of such facilities;
(14)
Description of the method of securing water and location, design and construction materials of such facilities;
(15)
Description of the method for snow removal and location of snow storage;
(16)
Location of fire and other emergency zones, including the location of fire hydrants or other water source(s) for emergencies;
(17)
Location, design, and construction materials of all energy distribution and storage facilities, including electrical, gas, wind and solar energy;
(18)
Location, size, design, lighting, hours of operation, and type of construction of all proposed signs;
(19)
Description of adjacent land uses;
(20)
Location and proposed development of all buffer areas to protect adjacent land use, including existing vegetation covers.
(21)
Location, size, and design of outdoor lighting facilities;
(22)
Identification of the location and amount of building area proposed for retail sales or similar commercial activity;
(23)
General landscaping plan and planting schedule;
(24)
An estimated project construction schedule;
(25)
Record of application for and status of all necessary permits from other government bodies;
(26)
Identification of any permits from other governmental bodies required for the project's execution;
(27)
An agriculture data statement (ADS) must be submitted if the proposed project occurs on property within an agricultural district containing a farm operation or on property with boundaries within 500 feet of a farm operation within an agricultural district;
(28)
Environmental assessment form, if required. For projects classified as Type 1 under the State Environmental Quality Review Act (SEQRA), a full environmental assessment form (EAF) is required. For projects classified as unlisted under SEQRA, a short environmental assessment form (EAF) is required. After review of these documents the Planning Board may require additional information;
(29)
DEC stormwater threshold form if required. All projects that meet DEC stormwater thresholds must comply with current DEC regulations;
(30)
Businesses are required to have all (customer and business) vehicles on gravel or paved lots;
(31)
Commercial businesses shall have ample parking for the anticipated number of customers;
(32)
Lighting around business should be adequate for security and path illumination. Lighting should be directed downward to minimize loss into the environment, and lights shall not flash between 12:00 a.m. and 6:00 a.m.;
(33)
Commercial property will be responsible for the access or connection to existing roads, water, sewer, etc., and shall be responsible for maintaining those connections;
(34)
Other elements integral to the proposed development as may be considered necessary in the particular case by the Planning Board.
An application for site plan review shall be accompanied by a nonrefundable fee determined by the Town Board of Spencer and paid to the Town Clerk. See the Town Clerk for an application form and fee schedule.
A.
The Planning Board may condition site plan approval upon the applicant's submission to the Town Clerk of a cash deposit, performance bond, or irrevocable letter of credit, in an amount determined by the Planning Board after recommendation from the Town Engineer, which amount shall be sufficient to ensure that all improvements and landscaping, as shown on the approval site plan, shall be completed and to ensure against damage to the infrastructure, including public and private roads and drainage structures.
B.
If public improvements are required, the Planning Board may require a separate cash deposit, performance bond, or irrevocable letter of credit, in an amount determined by the Planning Board after recommendation from the Town Engineer, which amount shall be sufficient to ensure that all required public improvements shall be completed.
D.
No performance bond, or irrevocable letter of credit, shall be accepted by the Town Clerk unless approved as to form and substance by the Town Attorney.
A.
The Planning Board may retain any consultant and/or expert deemed reasonably necessary to assist the Board in reviewing the site plan review.
B.
If such assistance is deemed necessary, the Planning Board shall so inform the applicant. The Planning Board will give the applicant an estimate of the reasonable cost(s) of the consultant or expert and an explanation of the need for such assistance. The applicant will agree in advance to these cost(s) and will pay all such reasonable cost(s) to the Town for the Town to use to pay the consultant or expert. The total amount of the reasonable cost(s) for consultants and/or experts may vary with the scope and complexity of the project, the completeness of the site plan review application and other information as needed by the Planning Board or its consultant/expert to complete the necessary review and analysis. At the request of the Planning Board, the reasonably estimated costs shall be paid in advance before the review of the application by any such experts or consultants. Additional costs, as reasonably required and requested by the Planning Board, shall be paid by the applicant within 10 days of being billed for same.
C.
No building permit and no certificate of occupancy shall be issued for any structure that is subject to review pursuant to these site plan review provisions unless and until all outstanding review fees have been paid by the applicant to the Town.