A.
The purpose of this article is to authorize the Town Planning Board
to review and approve, approve with modifications or disapprove site
plans prepared to specifications set forth herein, by examining such
design elements which relate to parking, means of access, screening,
signs, landscaping, architectural features, location and dimensions
of buildings, impact of the proposed use on adjacent land uses and
such other elements as may be related to health, safety and general
welfare of the community.
B.
The power to approve, approve with modification and/or conditions
or disapprove a site plan for a use is vested in the Planning Board
pursuant to § 274-a of the Town Law and the Town Board of
the Town of Southport. Where a site plan approval is required, no
building permit shall be issued until site plan approval is granted.
The Planning Board may impose conditions on a site plan approval that
are to be fulfilled prior to the issuance of a building permit or
certificate of compliance or occupancy. The Planning Board, in its
review of any site plan, shall be guided by the provisions set forth
in this article and elsewhere in this chapter. The Planning Board
may require that the site plan be prepared by a design engineer. Such
requirement shall be based on the complexity of the site features
and of the proposed structure or land use as related to same.
The concept plan shall comprise the following data, which shall
be clearly labeled with the name of the proposed development, name
of the applicant, and tax parcel number of the lot proposed for development:
A.
An area map showing:
(1)
All lots proposed for development by the applicant.
(2)
All of the following data within 1,000 feet of the boundary line
of the lot:
(a)
Existing and proposed lots and their ownership;
(b)
Existing and proposed uses;
(c)
Existing and proposed zoning districts;
(d)
Existing and proposed roads;
(e)
Existing and proposed subdivisions;
(f)
Existing and proposed easements;
(g)
Existing and proposed structures;
(h)
All existing major natural features, such as water bodies, watercourses,
wetlands, wooded areas, special flood hazard areas and individual
large trees;
(i)
District boundaries, including zoning, fire, school, sewer and
water; and
(j)
All soil classifications.
(3)
The site topography, at a scale of not less than one inch equals
2,000 feet, showing the entire proposed site area and the location
of the lots for the proposed development.
C.
Additional data:
(1)
Name, address and telephone number of applicant.
(2)
A concise written description of the proposed development, including:
(a)
Purpose, nature and magnitude of the use, including a density
schedule;
(b)
Projected time frame for the proposed development;
(c)
Notation of the acreage of the lot proposed for development;
(d)
Square footage of each proposed structure; and
(e)
Proposal for the source of water supply and method for sewage
disposal.
The Planning Board shall evaluate the concept plan and provide
written comments to the applicant on its findings.
A.
Upon conditional acceptance of the concept plan, the applicant may
initiate a site plan application in accordance with this section by
submitting to the Planning Board a preliminary site plan.
B.
Site plan application shall comprise:
(1)
Completed forms of the Planning Board required of the applicant;
(4)
Environmental assessment form required of the applicant by the rules
of the Planning Board;
(5)
Supplemental engineering and technical reports as appropriate to
the contents of the preliminary and final plans and required by the
Planning Board; and
(6)
Other information required by the Planning Board.
A.
A preliminary plan shall comprise the following data and documentation:
(2)
Report and plan regarding any potential environmental impact associated
with the proposed development.
(3)
The mitigation offered or proposed for any environmental impact.
(4)
A preliminary plan drawing that includes the following information:
(a)
Title drawing, including the name, address and telephone number
of the applicant and the tax parcel number of the lot proposed for
development;
(b)
North point, scale and date, and all revision dates (include
month, day, year);
(c)
Boundaries of the development plotted to a scale of not more
than 100 feet to one inch on a survey map prepared by a design engineer;
(d)
Existing natural features, such as watercourse, water body,
wetland, wooded area and individual large trees, and a notation of
features to be retained;
(e)
Existing and proposed contours at intervals of not more than
five feet of elevation;
(f)
Location of proposed use and the location, area and the height
of all structures;
(g)
Location of all existing or proposed improvements, whether public
or private, including roads, drives, internal drives, driveways, stormwater
management system, culverts, retaining walls, fences and easements;
(h)
Preliminary design of sewage disposal and water supply systems
and location of such systems;
(i)
Location and design of all energy distribution facilities, including
electrical, gas and solar energy system;
(j)
Location of any proposed buffer, barrier and landscaping;
(k)
Delineation of the extent of each residential area, description
of dwelling unit type, and a calculation of the residential density
in dwelling units per square foot for each such area;
(l)
Location of each parking area and vehicle loading area, with
access and egress to a drive, internal drive or driveway, including
provisions for emergency vehicle access;
(m)
Design and layout of pedestrian access, specifically considering
requirements and needs of the type of senior housing facility proposed
and ADA;
(n)
Location, design and size of all signs and outdoor lighting;
(o)
The approximate location and dimension of the area proposed
for recreational open space and/or outdoor amenities appropriate to
the type or level of senior housing proposed;
(p)
Building orientation and site design for energy efficiency;
(q)
Grading plan and erosion control plan, including the description
and location of control measures;
(r)
Location and design of all stream crossings;
(s)
Location and design of a stormwater management system; and
(t)
The lines and dimensions of any lot which is offered, or is
to be offered, for dedication to a government for public use, with
the purpose indicated thereon, and of any lot proposed to be reserved
for the common use of the occupants of the proposed development.
(5)
A stormwater management analysis and plan consistent with the requirements of Erosion and Sediment Control, Chapter 452 of this Code, including all design data and computations used as a basis for the design capacities and the performance of the stormwater management system and the erosion control plan.
(6)
The Planning Board may require such additional information that appears
necessary for a complete assessment of the development under this
chapter and the State Environmental Quality Review Act (SEQRA).
B.
Preliminary site plan review. The Planning Board shall review and
evaluate potential environmental impact, compliance with this chapter
and any other applicable law, rule or regulation and any other significant
concern. In its review of the preliminary plan, the Planning Board
may hire professional consultants and/or confer with any other agencies,
such as the CCHD, NYSDEC, SWCD, etc., and shall consider:
(1)
Adequacy and arrangement of vehicular traffic, including public transportation
and bicycle access and circulation, including on-site circulation,
and emergency access;
(2)
Location, arrangement, appearance and sufficiency of off-road vehicular
parking and loading;
(3)
Adequacy of pedestrian access, circulation, convenience and safety;
(4)
Adequacy of ADA design compliance for site and buildings;
(5)
Location, arrangement, size and design of building, outdoor lighting
and signs;
(6)
Relationship of the various uses on the project site to one another
and their scale;
(7)
Adequacy of a buffer and barrier between adjacent uses and adjoining
lots;
(8)
Adequacy of any stormwater management system;
(9)
Adequacy of structures, roads, drives, internal drives, driveways
and buffers in areas susceptible to flooding, ponding and/or erosion;
(10)
Adequacy of flood damage prevention measures consistent with
Town of Southport law;
(11)
Location and adequacy of stream crossings;
(12)
Compatibility of development with natural features of the site
and with surrounding land uses;
(13)
Adequacy of open space for play area, recreation and natural
area, such as wildlife habitat, wetland and wooded area;
(14)
Adequacy of orientation of a structure and the site design for
energy efficiency, the extent to which the proposed plan conserves
energy and energy resources in the community, and the protection of
adequate sunlight for a solar energy system;
(15)
Adequacy of fire-protection water supply and site design to
accommodate emergency vehicle access;
(16)
Consistency of building design, scale, mass, and site location
with surrounding development and district intent; and
(17)
Any other relevant matter.
C.
Action on preliminary site plan.
(1)
The Planning Board shall determine if the preliminary plan is complete and sufficient to make findings pursuant to § 525-57E below, and if not, require additional information to make the preliminary plan complete and sufficient. A site plan shall not be considered complete and sufficient until a negative declaration is made or a draft environmental impact statement is accepted pursuant to SEQR.
(2)
When the Planning Board finds the preliminary plan is complete and
sufficient, it shall accept the completed preliminary plan.
D.
E.
Findings and decision on preliminary plan. The Planning Board shall
act on the preliminary plan within 62 days of the public hearing as
follows:
(1)
Evaluate potential environmental impact, compliance with this chapter
and any other applicable law, rule or regulation and any other significant
concern.
(2)
Make a decision based on the findings to either approve, with or
without conditions, or disapprove the preliminary plan, and shall
provide the applicant with a copy of the findings and decision.
A.
Final plan requirements. The final plan shall comprise:
(1)
The approved preliminary plan with any modifications thereof and/or
additions thereto required by the Planning Board; and
(2)
All necessary permits from a governmental authority relating to the
development pursuant to the site plan or a written assurance from
such governmental authority that it is willing to issue such permit
upon the performance by the developer of an action that is or will
be required of the developer.
B.
Action on the final plan. When the Planning Board finds the final plan is complete pursuant to Subsection A, it shall approve, with or without conditions, or disapprove the final plan and record the reason for disapproval. A copy of the decision and reason shall be given to the applicant. An approval endorsement shall be affixed on a copy of the title drawing of the approved site plan. A copy of the endorsed title drawing shall be given to the applicant.
C.
Notices. Applications which meet the criteria of §§ 239-l
and 239-m of the General Municipal Law must be referred to the Chemung
County Department of Planning and Development for a maximum thirty-day
review period prior to the Planning Board decision. Applications that
meet the criteria of § 239-nn shall notify neighboring municipalities.
A.
The Planning Board may require the resubmittal of a concept plan
for a proposed development if:
(1)
More than six months has lapsed since the date of giving the Planning
Board's written comments on the concept plan for the proposed development;
or
(2)
A submitted preliminary plan contains substantial changes in the
scope of the proposed development in comparison with the concept plan
commented on; or
(3)
An applicant who submitted a preliminary plan is different from the
applicant who submitted the concept plan commented on for the proposed
development.
B.
The Planning Board may require resubmittal of a preliminary plan
if:
(1)
More than one year has lapsed since the date of approval of a preliminary
plan for a proposed development; or
(2)
A submitted final plan contains substantial changes in the scope
of the proposed development in comparison with the preliminary plan
approved for a proposed development; or
(3)
An applicant who submitted a final plan is different from the applicant
who submitted the preliminary plan approved for a proposed development.
Notwithstanding any provision of law to the contrary, where
a proposed site plan contains one or more features that do not comply
with the bulk and density requirements of this chapter, application
may be made to the Zoning Board of Appeals for an area variance pursuant
to § 267 of the Town Law.
A.
Waiver of requirements. The Planning Board may, when reasonable,
waive these requirements of this article for site plans submitted
for approval. Any such waiver may only be exercised when such a waiver
is consistent with the Comprehensive Plan and with the purposes of
the district where the project is located, where it will not damage
the integrity of this Code chapter, and is found to be pertinent to
the public health, safety and general welfare of the residents of
the Town of Southport.
B.
Conditions. The Planning Board, in conjunction with its approval
of any site plan review project, may impose such requirements and
conditions as are allowable within the proper exercise of the police
power, including the restriction of land against further development
of principal buildings, whether by deed restriction, restrictive covenant
or other similar appropriate means, to ensure that guidelines or requirements
as to intensity of development as provided in this chapter shall be
respected. The Planning Board may impose reasonable conditions to
ensure that the project will be adequately supported by services and
improvements made necessary by the project and to ensure that the
project will be completed in accordance with the requirements and
conditions authorized under this chapter.
C.
The developer is required to comply with all conditions of site plan
approval; failure to do so shall be considered a violation of this
chapter.
If the site plan application involves a subdivision of land,
the following concurrent procedures shall be followed:
B.
An application for subdivision approval shall, concurrent with the
site plan application, be initiated by the applicant and processed
with decisions thereon by the Planning Board.
C.
The site plan and subdivision review process shall be run concurrently
for the application, including holding a single public hearing to
satisfy the requirements of both processes.
Any proposed modification or change to an approved site plan
shall require submission, processing and decision on an amendment
to the approved site plan in accordance with this article.
The applicant or any interested person may appeal a decision
of the Planning Board on a site plan. The appeal shall be made to
the Supreme Court of New York State for review by a proceeding under
Article 78 of the Civil Practice Law and Rules of New York State.
[Amended 11-12-2019 by L.L. No. 4-2019 (Res. No. 160-2019)]
The Planning Board, subject to the approval of the Town Board,
may require an applicant for site plan review to deposit in an escrow
account a sufficient amount to pay the reasonable and necessary fees
and/or costs of any consultant, engineer, or attorney designated by
the Town Board to review the application. The fees and/or costs charged
by such consultant, engineer, or attorney in connection with such
review will be charged against the sum deposited in escrow. If specific
circumstances warrant it, additional funds will be required to be
deposited in order to cover reasonable and necessary expenses incurred
beyond the original estimate. Any amount remaining shall be returned
to the applicant within 45 days of final action on the application.
Payment to the escrow account, if required, is a prerequisite to a
complete application, and no review will be initiated until payment
is received. The deposit specified above does not include all approvals
or fees required from or by agencies other than the Town, costs associated
with extensions to districts to provide necessary services to the
proposal nor fees charged by Town departments or boards for permits,
approvals, hearings, or other actions, except as noted above.
