A.
Purpose. The City of Newburgh requires site plan review by the City of Newburgh Planning Board in accordance with the requirements of Article V. The purpose of site plan review is to provide oversight of specific types of development to ensure compliance with all appropriate land development regulations and consistency with the City's adopted planning and policy documents.
B.
Applicability. Site plan approval by the City of Newburgh Planning
Board shall be required by all permitted uses listed in the Schedule
of Use Regulations[1] as requiring site plan approval only. Site plan review shall be included as an integral part of the special use permit approval process as required in Article XII of this chapter. The City Planning Board will refer to the International Dark Sky Lighting standards when reviewing all plans.
A.
An application for site plan approval shall be accompanied by plans
and descriptive information sufficient to clearly portray the intentions
of the applicant. Site plans shall be prepared by a licensed professional
engineer, architect, or landscape architect and shall include the
following, unless waived by the City of Newburgh Planning Board:
(1)
A vicinity map drawn at the scale of 1,000 feet to the inch or larger
that shows the relationship of the proposal to existing community
facilities which affect or serve it, such as roads, shopping areas,
schools, etc. The map shall also show all properties, subdivisions,
streets, and easements within 500 feet of the property.
(2)
An existing conditions map, showing existing buildings, roads, utilities,
and other man-made features, as well as topography and all existing
natural land features that may influence the design of the proposed
use, such as rock outcrops, existing watercourses, wetlands, floodplains,
drainage retention areas, soils, marshes, wooded areas, single trees
with a diameter of 12 inches or more, measured three feet above the
base of the trunk, and other significant existing features located
within any area where clearing will occur.
(3)
A field survey of the boundary lines of the parcel, giving complete
descriptive data by bearings and distances, made and certified by
a licensed surveyor.
(4)
A site plan drawn at a scale and on a sheet appropriate to the project.
The information listed below shall be shown on the site plan and all
sheets submitted in the site plan application package:
(a)
Name of the project; section, block and lot number; street names
and project site boundaries; fire lanes; date of plan; North arrow
and scale of plan; name and address of the owner of record; developer;
and seal of the engineer, architect, and landscape architect. If the
applicant is not the owner of record, a letter of authorization shall
be required from the owner.
(b)
The names of all owners of record of all adjacent property within
500 feet of the site's perimeter.
(c)
Zoning district boundaries with 500 feet of the site's perimeter
shall be drawn and identified on the site plan, as well as any school,
overlay and/or special district boundaries.
(d)
Boundaries of the subject property, building or setback lines
if different from those required in this chapter, and lines of existing
streets and lots as shown on the official map of the City of Newburgh
or City tax map.
(5)
The location and use of all existing and proposed structures within
the subject property as shown on the official map of the City of Newburgh
or tax map, including all dimensions of height, area, all exterior
entrances, and all anticipated future additions and alterations.
(6)
The location, height, size, materials and design of all proposed
signs.
(7)
Traffic flow patterns within the site, entrances and exits, and loading and unloading areas, as well as curb cuts on the site and within 100 feet of the site. The City of Newburgh Planning Board may, at its discretion, require a detailed traffic study for large developments or for those in heavy traffic areas to satisfy the requirements of § 300-91.
(8)
The location, size, dimensions, access and egress, circulation patterns
and design of any off-street parking areas, including location of
handicapped accessible parking and required signage.
(9)
The location of all present and proposed overhead or underground
utility systems including:
(10)
Erosion and sedimentation control plan to prevent the pollution
of surface water or groundwater, erosion of soil both during and after
construction, excessive runoff, excessive raising or lowering of the
water table, and flooding of other properties as applicable.
(11)
Existing and proposed topography at two-foot contour intervals
or such other contour interval as the Board shall specify. All elevations
shall refer to the nearest United States Coastal and Geodetic Bench
Mark.
(12)
The location of all floodplain boundaries as determined by the Federal Emergency Management Agency. In accordance with Chapter 175, Flood Damage Prevention, of the Code of the City of Newburgh, if any portion of the parcel is within the one-hundred-year floodplain, the area will be shown and base flood elevations given. Areas shall be indicated within the proposed site and within 50 feet of the proposed site where soil removal or filling is required, showing the approximate volume in cubic yards. The plan shall specify all nonstructural measures to minimize flood damage, including but not limited to:
(13)
Lighting plan, including the existing and proposed location,
height, intensity and bulb type (sodium, incandescent, etc.) of all
external lighting fixtures. The direction of illumination and methods
to eliminate glare onto adjoining properties shall also be shown.
(14)
A landscaping, planting and grading plan showing proposed changes
to existing features and any proposed new features shall be shown.
(15)
For new construction or alterations to any structure, a table
containing the following information shall be included:
(a)
Estimated area of structure intended to be used for particular
uses, such as retail operation, office, storage, etc.;
(b)
Estimated maximum number of employees;
(c)
Maximum seating capacity, where applicable; and
(d)
Number of parking spaces existing and required for the intended
use, including parking for bicycles.
(16)
Elevations at a scale of 1/4 inch equals one foot for all exterior
facades of the proposed structure(s) and/or alterations to or expansions
of existing facades, showing design features and indicating the type
and color of materials to be used.
(17)
Where appropriate, the City of Newburgh Planning Board may request
soil logs, percolation test results, and storm runoff calculations.
(18)
Disposition plans for disposal of construction and demolition
waste, either on site or at an approved disposal facility.
(19)
SEQRA Environmental Assessment Form or Draft Environmental Impact
Statement.
(20)
Where appropriate, a cultural resource survey of resources with
historic or archaeological significance.
(21)
Where the applicant wishes to develop in stages, the site plan
application must include the complete ultimate proposed development.
(22)
Identification of any hazardous materials associated with a
proposed industrial use.
(23)
Disclosure of information on the use, storage, treatment and
disposal of any hazardous materials associated with a proposed industrial
use.
(24)
Other information that may be deemed necessary by the City of
Newburgh Planning Board.
B.
Additional viewshed analysis for the WG, PWD, and portion of the
DN Districts.
(1)
Purpose and intent. The purpose of this subsection is to protect
and enhance the City's scenic viewshed, comprised of natural, aesthetic
and cultural resources formed by the landscape and geologic features
of the City. It is the intent of the City of Newburgh to preserve
scenic views to and from the Hudson River, the Hudson Highlands and
the east bank of the Hudson River.
(2)
The views from the following locations are recognized by the City
of Newburgh as providing significant benefits to the residents and
visitors of Newburgh and as important parts of Newburgh's cultural
heritage. The detailed description of the current views is noted specifically
to highlight the character of the current view as emphasis to the
importance of its preservation.
(a)
The Dutch Reformed Church at Montgomery and South Streets. From
this vantage point looking south-southeast, the view is of Hudson
Highlands, Bannerman's Island, and the Hudson River.
(b)
Washington's Headquarters. The views to the southeast and east
focus on the Hudson River and mountains beyond. The Hudson River,
the lawn and the roofline of the building in the center of the view
are horizontal in design. To the northeast there is a clear view of
the Hudson River, the mountains beyond and the Newburgh-Beacon Bridge.
(c)
Broadway and Colden Street. The foreground is occupied by open
space identified for pedestrian walkways to the northeast to the waterfront.
Marine Drive, in the middle ground, runs parallel to the Hudson River.
On the Hudson River's edge are low buildings that do not obstruct
the view. The Newburgh-Beacon Bridge fades into the horizon. The view
to the southeast features the sloping parkland in the foreground,
low industrial buildings and a marina bay in the middle ground. The
southeast view is dominated by the Hudson River, and the Hudson Highlands.
There is some light industrial use presently in the middle ground.
The foreground is sloping parkland and an undeveloped site.
(d)
Newburgh Public Library. The view from the eastern wall of the
Newburgh Public Library, at an elevation of approximately 100 feet
above sea level, provides a view of the Hudson River.
(e)
The view to the south terminates at Orange County Community
College. The north-facing view is of the Hudson Highlands, the Hudson
River and the Newburgh-Beacon Bridge. Existing structures on the waterfront
frame the bottom of the view from this highpoint.
(f)
Bay View Terrace. The views from Bay View Terrace, between Overlook
Place and Monument Street, offer views of the Hudson River, the Hudson
Highlands, Bannerman's Island and points north and south.
(3)
Visual impact analysis.
(a)
All applications for site plan approval within the WG, PWD or
DN Districts shall be evaluated for their impacts to the scenic views
defined above during the site plan review process.
(b)
Visual impact analysis for applications requiring site plan
approval will be evaluated by the Planning Board. If the application
does not require site plan approval, the visual impact analysis will
be evaluated by the Building Inspector.
(4)
Visual impact analysis methodology.
(a)
In connection with the site plan approval process, the City
Planning Board shall require the applicant to prepare photographic
simulations of the proposed structure(s), within the context of the
site, to determine whether or not a proposed structure or activity
will adversely affect the scenic viewshed.
(b)
The City Planning Board can authorize alternative state-of-the-art
visual impact assessment techniques to be employed by an applicant
in the preparation of the visual impact assessment. Use of an alternative
visual impact assessment methodology may only be employed by mutual
agreement of the applicant and the City Planning Board.
(5)
Referral. To assist in the evaluation, the City Planning Board shall
refer all applications for site plan approval within the WG and PWD
Zoning Districts to the Conservation Advisory Council (CAC). Such
referral shall be done so as to allow the CAC at least 30 days, but
no more than 30 days after the next scheduled regular meeting to review
and return comments.
(6)
Public hearing. The City Planning Board must hold a public hearing on all site plan applications in accordance with § 300-90.
(7)
Evaluation criteria. When making the determination of impacts to
the scenic viewshed, site plan approval may only be granted by the
City Planning Board if, with appropriate conditions attached, the
proposed activity:
(a)
Will not significantly impair scenic character and will be aesthetically
compatible with its surroundings.
(b)
Will minimize the removal of native vegetation, except where
such removal may be necessary to open up or prevent the blockage of
scenic views and panoramas from public places.
(c)
Will locate and cluster buildings and other structures in a
manner that minimizes their visibility from public places.
(8)
Waivers. The City Planning Board may waive one or more of the specific
requirements of this subsection upon a written finding that such waiver
will not impair the scenic preservation purposes of this article.
Any development which is the subject of a detailed visual assessment
as part of an environmental impact statement shall be eligible for
such waivers if supported by SEQR findings.
C.
Waivers. Upon findings by the City of Newburgh Planning Board that, due to special conditions peculiar to a site, certain information required in this § 300-87 is inappropriate or unnecessary, the Board may vary, waive or defer the provision of such information, provided that such variance or waiver will not have detrimental effects on the public health, safety, or general welfare or have the effect of nullifying the intent and purposes of the site plan submission, City of Newburgh Master Plan or this chapter.
A.
Applicability. This section applies for site plan approval applications
where no special use permit is required.
B.
Preapplication Planning Board workshop.
(1)
Purpose. The purpose of the optional preapplication Planning Board
workshop is to provide cooperative consultation between the City of
Newburgh and applicants by providing the applicant with the opportunity
for informal discussion of site development proposals with the City
Planning Board. The goal of the preapplication Planning Board workshop
discussion is for the City Planning Board to guide applicants toward
productive use of their land within the regulations, thereby avoiding
and minimizing to the extent practicable, the potential for environmental
impact. The intent of the preapplication Planning Board workshop is
for the City Planning Board to provide applicants with its general
impressions of the proposed site development application and provide
the applicant with general suggestions and advice which may be incorporated
into the formal submission.
(2)
Process. Once the Building Inspector has referred an application to the City Planning Board for site plan approval in accordance with the requirements of § 300-31, and prior to submission of a formal site development plan, an applicant may request to be placed on a City Planning Board workshop agenda for an informal discussion of the proposal with the City Planning Board. Materials provided by the applicant to the City Planning Board can be schematic, but provide sufficient information for the City Planning Board to provide informal comments and direction to the applicant.
C.
Post-application technical workshop.
(1)
Purpose. The purpose of the mandatory post-application technical
workshop is to provide applicants with the technical expertise of
the City staff in advance of filing a formal application for review
by the Planning Board. The goal of the post-application technical
workshop is to provide applicants with technical guidance on the required
submission materials, and the roadmap through the review and approvals
process.
(2)
Process. Prior to the submission of a formal site development plan,
the applicant must meet with the City Engineer, City Attorney, City
Building Inspector, Department of Planning and Development, City Department
of Fire Prevention and City Planning Board Chairperson (or designated
representative) to discuss the proposed site development plan in order
to determine which of the subsequent requirements may be necessary
in developing and submitting the required site plan.
D.
Submission. An application for site plan approval shall be submitted to the Building Inspector, in accordance with the submission requirements (number of copies, digital files, etc.) and within the required deadlines stipulated in the approved City Planning Board Policies and Procedures available in the office of the Building Inspector. The information enumerated in § 300-87 shall be submitted as required, along with:
E.
Application for area variance. Where a proposed site plan contains one or more features which do not comply with the dimensional regulations of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 300-115 without a decision or determination by the Building Inspector.
F.
SEQRA compliance. Upon receipt of application materials it deems
complete, the City of Newburgh Planning Board shall initiate the New
York State Environmental Quality Review process by either circulating
the application and environmental assessment form to all involved
agencies (if coordinated review is undertaken) or by issuing its determination
of significance within the later of 20 calendar days or the receipt
of any additional information reasonably necessary to make the determination.
Where the proposed action may have a significant effect on the environment,
the City Planning Board shall issue a positive declaration and require
the submission of a draft environmental impact statement (DEIS). No
time periods for decisionmaking in this chapter shall begin to run
until either acceptance of a DEIS as satisfactory pursuant to New
York State Department of Environmental Conservation regulations or
the issuance of a negative declaration.
G.
Referrals.
(1)
The Orange County Department of Planning. Upon receipt of application
materials it deems to be complete, the City of Newburgh Planning Board
shall refer to the Orange County Department of Planning in accordance
of § 239-M of the General Municipal Law, any application
for a site plan affecting real property, which shall be accompanied
by a full statement of the matter under consideration, as defined
herein, within 500 feet of the boundary of:
(a)
The municipal boundaries.
(b)
Any existing county or state park or other recreational area.
(c)
Any existing or proposed county or state roadway.
(d)
Any existing or proposed right-of-way for a stream or drainage
channel owned by the county for which the county has established channel
lines.
(e)
Any existing or proposed county- or state-owned land on which
a public building or institution is situated.
(2)
Conservation Advisory Council. The City of Newburgh Planning Board
shall refer any site plan application to the Conservation Advisory
Commission for review and recommendations. Such referral shall be
done so as to allow the CAC at least 30 days, running concurrently
within the required sixty-two-day City Planning Board required SEQRA
timeframe, to review and return comments.
In reviewing site plans, the City of Newburgh Planning Board,
and any City of Newburgh board and/or committee to which the site
plan has been referred, shall consider the criteria set forth below.
The City Planning Board may also use as approval criteria the Orange
County Department of Planning's Orange County Design Manual, Orange
County's Watershed Design Guide 2014, and the City's Conservation
Advisory Council's Green Infrastructure Guide 2015, and may adapt
the recommendations of those documents to the requirements of this
chapter.
A.
Layout and design.
(1)
All structures in the plan shall be integrated with each other and
with adjacent structures and shall, where practical, be laid out in
a pattern that is consistent with the character of the City of Newburgh
and/or within the neighborhood in which the development is proposed.
(2)
Structures that are visible from public roads shall be compatible
with each other and with traditional structures in the surrounding
area in architecture, design, massing, materials, and placement and
shall harmonize with traditional elements in the architectural fabric
of the area.
(3)
Architectural design shall be in keeping with the character of the
City of Newburgh. In general, the design shall avoid flat roofs, large
expanses of undifferentiated facades, and long, plain wall sections.
(4)
Where appropriate, setbacks shall maintain and continue the existing
setback pattern of surrounding properties.
(5)
The City Planning Board shall encourage the creation of landscaped
parks or squares easily accessible by pedestrians.
(6)
Impacts on historic and cultural resources shall be minimized.
B.
Nonpoint source pollution protection plans to achieve the following
objectives:
(1)
Natural ground contours should be followed as closely as possible.
(2)
Areas of steep slopes, where high cuts and fills may be required,
should be avoided.
(3)
Extreme care should be exercised in areas adjacent to natural drainageways
so that their final gradient and resultant discharge velocity will
not create additional erosion problems. Construction and post-construction
runoff levels should be maintained at or below preconstruction levels
at all times.
(4)
Natural protective vegetation should remain undisturbed, if at all
possible, and be restored when necessary.
(5)
The amount of time that disturbed ground surfaces are exposed to
the energy of rainfall and runoff should be limited.
(6)
The velocity of the runoff water on all areas subject to erosion
should be reduced below that necessary to erode the materials.
(7)
A ground cover should be applied sufficient to restrain erosion on
that portion of the disturbed area undergoing no further active disturbance.
(8)
Runoff from a site should be collected and detained in sediment basins
to trap pollutants which would otherwise be transported from the site.
(9)
The angle for graded slopes and fills should be limited to an angle
no greater than that which can be retained by vegetative cover. Other
erosion-control devices or structures should be used only where vegetation
and grading are not sufficient to control erosion.
(10)
The length as well as the angle of graded slopes should be minimized
to reduce the erosive velocity of runoff water.
C.
Landscaping.
(1)
Landscape buffers shall be provided between uses that may be incompatible,
such as large-scale commercial uses and residences. Such buffers may
include planted trees and shrubs, hedgerows, berms, existing forest
land or forest created through natural succession. The width of such
buffer areas will depend upon the topography, scale of the uses, and
their location on the property but shall normally be between 50 feet
and 200 feet.
(2)
Landscaping at all seasons of the year shall be an integral part
of the entire project area and shall buffer the site from and/or integrate
the site with the surrounding area, as appropriate.
(3)
Primary landscape treatment shall consist of shrubs, ground cover,
and shade trees and shall combine with appropriate walks and street
surfaces to provide an attractive development pattern. Landscape plants
selected should generally be native to the region and appropriate
to the growing conditions of the growing environment.
(4)
Insofar as practical, preservation of existing trees over 12 inches
in diameter will be attained to the maximum extent possible and other
vegetation shall be conserved and integrated into the landscape design
plan.
D.
Parking, circulation and loading.
(1)
Roads, driveways, sidewalks and off-street parking and loading space
shall be safe and shall encourage pedestrian movement.
(2)
Vehicular and pedestrian connections between adjacent sites shall
be provided to encourage pedestrian use and to minimize traffic on
existing roads. The construction of connected parking lots, service
roads, alleys, footpaths, bike paths, and new public streets to connect
adjoining properties shall be required where appropriate.
(3)
(a)
The City Planning Board shall have the authority to reduce the
amount of off-street parking required in the underlying zone by up
to 25% when it finds that:
(b)
When off-street parking or loading serves two or more uses,
whether such uses are on the same lot or on separate lots within 500
feet, the City Planning Board may reduce the number of parking spaces
that would otherwise be required for each use upon a determination
by the Board that the overall number of spaces to be provided will
substantially meet the intent of this article by reason of variation
in the probable time of maximum parking demand of each use. In such
event, the City Planning Board may condition the site plan approval
on certain hours of operation for each use.
(4)
Access from and egress to public highways shall be approved by the
appropriate highway department, including City, county, and state.
(5)
All buildings shall be accessible by emergency vehicles.
E.
Reservation of parkland. Before the City Planning Board may approve
any 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.
(1)
The City Planning Board shall not require land for park, playground
or other recreational purposes until it 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
City. Such findings shall include an evaluation of the present and
future needs for park and recreational facilities in the City based
on projected population growth to which the particular site plan will
contribute. Such findings shall provide an individualized determination
that such required dedication or reservation is related both in nature
and extent to the impact of the proposed site plan.
(2)
In the event the City Planning Board makes a finding pursuant to the preceding subsection that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreation purpose, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the City Planning Board may require a sum of money in lieu thereof. In making such determination of suitability, the Board shall assess the size and suitability of lands shown in 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 community. Any monies required by the City Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited in the City of Newburgh Fund for Parkland, to be used by the City exclusively for park, playground or other recreational purposes, including the acquisition of property. Such payment shall be a condition of the site plan approval and shall be assessed in accordance with the site plan recreation fee schedule established under Chapter 163, Fees, of the Code of the City of Newburgh. No site plan shall be signed by the Chairman of the City of Newburgh Planning Board until such payment has been received by the City and receipt therefor provided to the City Planning Board.
F.
Miscellaneous standards.
(1)
Buildings and other facilities shall be designed, located, and operated
to avoid causing excessive noise on a frequent or continuous basis.
(2)
Exterior lighting fixtures shall be shielded to prevent light from
shining directly onto neighboring properties or public ways, and to
minimize light spillage. Light standards shall not exceed 20 feet
in height.
(3)
Drainage of the site shall recharge groundwater to the extent practical.
The peak rate of surface water flowing off site shall not increase
above predevelopment conditions and shall not adversely affect drainage
on adjacent properties or public roads.
(4)
Applicable requirements for proper disposal of construction and demolition
waste shall be satisfied, and any necessary permits or agreements
for off-site disposal shall be obtained.
(5)
No materials shall be placed below the finished grade of a site other
than sand, gravel, rocks and soil that are uncontaminated by any solid
waste or hazardous materials. Materials that were previously contaminated
and have been reconditioned shall not be permitted except that decontaminated
material may be used as a base for road or parking lot construction,
provided that such decontaminated material does not pollute groundwater
or surface water.
(6)
Hazardous material. All hazardous materials are properly stored,
treated, and disposed of in accordance with all relevant and applicable
local, state and federal requirements.
The City of Newburgh Planning Board may, at its sole discretion,
hold a public hearing on the site plan in accordance with the procedures
presented herein. If the City Planning Board determines that a public
hearing is required, the City Planning Board shall hold such hearing
within 62 days of accepting a completed application.
A.
At least 10 days prior to such hearing, the Secretary of the City
Planning Board shall:
(1)
Mail, by regular mail, at the applicant's expense, a notice in English
and Spanish announcing the meeting to all property owners within 500
feet of the exterior boundaries of the property affected by the application.
(a)
The Secretary of the Planning Board arranges for the applicant
to obtain the appropriate list from the Assessor's Office, prepares
one copy in English and Spanish of the announcement of the meeting
and a brief description of the application.
(b)
The applicant prepares the envelopes, stamps them and returns
the prepared mailing to the Secretary of the Board with a copy of
the list of those to receive the mailing.
(2)
Cause to be published in the official newspaper of the City, a notice
(in English and Spanish) of such hearing and of the substance of the
application, at the applicant's expense, to be paid in advance.
B.
Prior to said hearing, the Secretary of the Board shall prepare an
affidavit of mailing, swearing that the required mailings and publication
have been performed, which documents shall become part of the application.
The affidavit of mailing will be made available to the applicant to
present to the City Planning Board for the record of proceedings.
C.
For the purpose of the mailings required by this section, the term
"owner" shall be construed to mean the owner as indicated on the assessment
roll of the City of Newburgh.
A.
The City of Newburgh Planning Board shall approve, approve with modifications
and/or conditions, or deny any application for a site plan within
62 days after a public hearing, or if no public hearing is held, within
62 days of receipt of a final complete site plan application. The
time within which the City Planning Board must render its decision
may be extended by mutual consent of the applicant and the City Planning
Board. Any decision shall contain written findings explaining the
rationale for the decision in light of the standards provided herein.
C.
Conditions. In granting site plan approval, the City of Newburgh
Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related and incidental
to the proposed site plan and may be necessary in the Board's opinion
to meet the objectives herein set forth. Upon granting of site plan
approval, any such conditions must be met in connection with issuance
of permits by applicable enforcement agents or officers of the City.
These conditions may include:
(1)
Increasing dimensional or area requirements;
(3)
Specifying location, character and number of vehicle access points;
(4)
Requiring landscaping, planting and screening;
(5)
Requiring clustering of structures and uses in order to preserve
environmental resources and minimize the burden on public services
and facilities; and
(6)
Requiring performance guaranties to ensure the completion of the
project in accordance with the conditions imposed.
D.
Referrals.
(1)
Orange County Department of Planning.
(a)
No action shall be taken on applications referred to the Orange
County Department of Planning until either the Orange County Department
of Planning has issued its recommendation or a minimum of 30 days
and a maximum of up to two days prior to a regularly scheduled meeting
where a board will be taking action, have elapsed from the date of
the receipt of the complete application, unless the County and City
Planning Board agree to an extension of the County's time period for
review.
(b)
County disapproval. A majority-plus-one vote of the City of
Newburgh Planning Board shall be required to grant any site plan approval
which receives a recommendation of disapproval from the Orange County
Department of Planning. The City Planning Board shall set forth its
reasons for such contrary action.
E.
The decision of the City of Newburgh Planning Board shall be filed
in the office of the City Clerk within five business days after such
decision is rendered and a copy thereof mailed to the applicant. A
resolution of either approval or approval with modifications and/or
conditions shall include authorization to the City Planning Board
Chairman to stamp and sign the site plan upon the applicant's compliance
with applicable conditions and the submission requirements stated
herein.
F.
If the City Planning Board's resolution includes a requirement that
modifications be incorporated in the site plan, conformance with these
modifications shall be considered a condition of approval.
G.
If the site plan is disapproved, the City Planning Board may recommend
further study of the site plan and resubmission to the City Planning
Board after it has been revised or redesigned.
A.
Implementation. Within six months after receiving approval of a site
plan, with or without modifications, the applicant shall submit multiple
copies, as specified in the adopted City of Newburgh Planning Board
Policies and Procedures available in the office of the Building Inspector,
of the site plan to the City Planning Board for stamping and signing.
(1)
The site plan submitted for stamping shall conform strictly to the
site plan approved by the City Planning Board, except that it shall
further incorporate any required revisions or other modifications
and shall be accompanied by the following additional information:
(a)
Record of application for and approval status of all necessary
permits from federal, state, and county officials.
(b)
Detailed sizing and final material specification of all required
improvements.
(c)
An estimated project construction schedule. If a performance guaranty pursuant to Subsection B is to be provided by the applicant for all or some portion of the work, a detailed site improvements cost estimate shall be included.
(d)
Proof of payment of the City Planning Board's review costs.
(2)
Upon stamping and signing the site plan, the City of Newburgh Planning
Board shall forward a copy of the approved site plan to the Building
Inspector and the applicant. The Building Inspector may then issue
a building permit or certificate of occupancy if the project conforms
to all required conditions.
B.
Performance guaranty. A certificate of occupancy shall not be issued
until all improvements shown on the site plan are installed or a sufficient
performance guaranty has been posted for improvements not yet completed.
The performance guaranty shall be posted in accordance with the procedures
specified in § 27-a, Subdivision 7, of the General City
Law. The amount and sufficiency of such performance guaranty shall
be determined by the City Engineer, and all required forms and security
shall be approved by the City of Newburgh Corporation Counsel.
C.
As-built plans and inspection of improvements. No certificate of
occupancy shall be granted until the applicant has filed a set of
as-built plans with the City Engineer and the Building Inspector,
indicating any deviations from the approved site plan. The Building
Inspector shall be responsible for the inspection of site improvements,
including coordination with the City Engineer, and shall grant a certificate
of occupancy upon a finding that the project as built complies in
all material respects with the site plan.
D.
Site plan amendments. An approved site plan may be amended by filing
an application with the City Planning Board for a site plan amendment.
(1)
If the City Planning Board finds that such proposed amendment is
consistent with the terms of any applicable site plan approval and
does not represent a substantial change from the approved site plan,
it shall grant the amendment.
(2)
If the City Planning Board determines that the proposed amendment
is consistent with the terms of the applicable site plan approval
but is a substantial change from the approved site plan, it shall
require a revised site plan approval process and follow the applicable
procedures for site plan approval contained herein.
(3)
If the City Planning Board determines that the proposed amendment
is inconsistent with the terms of the site plan approval, it shall
deny the amendment, and require a revised site plan approval process
and follow the applicable procedures for site plan approval contained
herein.
E.
Expiration, renewal, revocation and enforcement.
(1)
Expiration. A site plan approval shall expire if the applicant fails
to obtain the necessary building permits or fails to comply with the
conditions of the site plan approval within one year of its issuance
or if a special use permit with which it is associated expires.
(2)
Renewal. The City of Newburgh Planning Board may extend the time
for application for a building permit, for a period not to exceed
one year, if, in its opinion, such action is warranted by the particular
circumstances thereof. Applications for such an extension/renewal
must be received at least 45 days prior to expiration. The City Planning
Board may grant up to two one-year renewals/extensions of the site
plan approval at its discretion. In considering a site plan renewal,
the City of Newburgh Planning Board shall evaluate whether any significant
changes to the City of Newburgh's Master Plan or Code of the City
of Newburgh have occurred since the issuance of the original approval.
Should the City Planning Board determine that the site plan is substantially
noncompliant with the City of Newburgh's Master Plan or Code of the
City of Newburgh, the City Planning Board may deny the site plan renewal,
and the applicant may file an amended site plan application. Site
plans that have expired shall not be eligible for renewal.
(3)
A site plan approval may be revoked by the City Planning Board that
approved it, upon notice and opportunity to be heard, if the permittee
violates the conditions of the site plan approval or engages in any
construction or alteration not authorized by the site plan approval.
F.
Violation. Any violation of the conditions of a site plan approval
shall be deemed a violation of this chapter and shall be subject to
enforcement action as provided herein.
