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) Off-street parking and loading standards in Articles
VIII and
IX shall be satisfied. However:
(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:
[1] Such a reduction would still allow for adequate off-street parking given the use and the zoning district; or
[2] Adequate on-street parking within 500 feet is available; or
[3] The owner can secure a written agreement for shared parking from a use within 500 feet.
(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.