The Town Board of Urbana, Steuben County, New York, does hereby
ordain the Town of Urbana Site Plan Review Law pursuant to the authority
and provisions of § 10 of the Municipal Home Rule Law and
§ 274-a of the Town Law.
This chapter shall be known as the "Town of Urbana Site Plan
Review Law." The Town Board of Urbana is hereinafter sometimes referred
to as the "Town."
The Town Board of Urbana believes that a clean, wholesome, attractive
environment is of paramount importance to the health, safety and general
welfare of this community and that such an environment is deemed essential
to the maintenance and continued orderly development of the Town and
to the general welfare of its inhabitants. This legislation is designed
to ensure the optimum overall conservation, protection, preservation,
development, and use of its natural and man-made resources by regulating
land use activities by means of the review and approval of proposed
plans for land use activity within the Town. Accordingly, the stated
purpose of this legislation is to ensure that any proposed development
and land use within the incorporated area of the Town of Urbana will
have a harmonious relationship with the existing or permitted use
of contiguous land and of adjacent neighborhoods and to ensure that
the health, safety, welfare, comfort and confidence of the public
are fully considered as well as assure that necessary provisions are
made for traffic generation, means of access, parking, building placement,
protection of adjoining buildings and uses, screening, appropriate
preservation of the Keuka Lake view corridor from Town roads and residences,
general avoidance of unpleasant visual impacts, recreation, signs,
sewage disposal systems, water supply, storm drainage, landscaping
and architectural intent.
[Amended 8-10-1992 by L.L. No. 2-1992]
All land use activities within the Town are subject to site
plan review and approval before being undertaken, except the following:
A. Landscaping or grading which is not intended to be used in connection
with a land use reviewable under the provisions of this chapter.
B. Ordinary repair or maintenance or interior alterations to existing
structures or uses.
C. Nonstructural agricultural or gardening uses.
This chapter shall in no way affect the provisions of any other
federal, state, county or local law or regulation. Whenever this chapter
is in conflict with any other such law or regulation, the more restrictive
shall apply.
[Amended 8-10-1992 by L.L. No. 2-1992]
A. Prior to undertaking any new land use activity, except uses specifically excepted in §
88-5 of this chapter, applicants for site plan approval should follow the recommended procedures related to the concept review conference as hereinafter set forth. Applicants must comply with all other procedures and requirements of this chapter.
B. All land use activities that propose to erect, alter, extend or enlarge
a building or structure or to change, enlarge, extend or increase
the intensity of land use are subject to the site plan review process.
[Amended 4-22-2014 by L.L. No. 5-2014]
C. Should the Code Enforcement Officer, upon review of any application
or proposed site of any activity requiring a permit, determine that
the proposed usage or activity may be in conflict with the existing
or permitted use of contiguous land and/or of adjacent neighborhoods
or to the health, safety and general welfare of this community or
to the maintenance and continued orderly development of the Town,
the Code Enforcement Officer may submit his summary findings to the
Planning Board and recommend that a site plan review be initiated
prior to the issuance of any requested permits.
D. Should the Planning Board be made aware by the Code Enforcement Officer,
the Town Board, a Town official or any other person, group or organization
or any other official of any proposed usage or activity that may be
or that has the potential to be in conflict with the existing or permitted
use of contiguous land and/or of any adjacent neighborhoods or to
the health, safety and general welfare of this community or to the
maintenance and continued orderly development of the Town, then the
Planning Board may initiate a site plan review prior to the issuance
of any requested permits.
[Amended 8-10-1992 by L.L. No. 2-1992]
A. This concept review conference shall be held between the Planning
Board and the 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 Planning Board of his 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. The Planning Board must schedule such
a concept review conference within 30 days from the date of its receipt
of a completed formal application or the site plan review is deemed
waived. In order to accomplish these objectives, the applicant shall
provide the following:
(1) A statement and rough sketch showing the locations and dimensions
of principal and accessory structures, parking areas, access signs
(with descriptions), existing and proposed vegetation and other planned
features; anticipated changes in existing topography and natural features
and, where applicable, measures and features to comply with flood
hazard and flood insurance regulations.
(2) An area map showing the parcel number under consideration for site
plan review and all properties, subdivisions, streets, rights-of-way,
easements and other pertinent features within 200 feet of the boundaries
of the parcel.
(3) A reasonably specific written statement as to the proposed scope
and extent of any proposed expansion or enlargement or of the increase
in the intensity of use of any building or structure, land or buildings/structures
and land area adjacent thereto.
B. Upon completion of the concept review, the Planning Board will, within
15 days, notify the applicant of its decision. If approved, the applicant
will receive notification of the permits required. If a site plan
review is required, the Planning Board will notify the applicant of
its decision and supply the applicant with the following:
(1) A list of additional information required, drawn from the list as outlined under §
88-11 of this chapter.
(2) A list of any additional Code requirements that must be met prior
to undertaking any new land use activity, as well as the itemized
procedures for meeting such requirements.
(3) The permit fee required in accordance with a schedule of fees to
be adopted by the Town Board.
C. Failure on the part of the Planning Board to issue a decision within
15 days will constitute an approval of the site concept and result
in a waiver of the site plan review procedure.
An application for site plan review shall be accompanied by
a fee, payable to the Town Clerk, in accordance with a schedule of
fees as adopted by the Town Board.
The following specific standards shall apply in conjunction
with the subject uses or in the designated areas:
A. All construction on any shoreline lot shall be carried out in such
a manner as to minimize interference with the natural course of such
waterway, to avoid erosion of the shoreline, to minimize increased
runoff of ground and surface water into the waterway, to remove only
that vegetation which is necessary to the accomplishment of the project
and to generally maintain the existing aesthetic and ecological character
of the shoreline.
B. Any boat pump-out or other connection to provide for the accommodation
of sanitary wastes shall be connected to an approved disposal system.
C. Any paved or otherwise improved parking, loading or service area
within 100 feet of any shoreline shall be designed and constructed
so as to minimize surface runoff and the entrance of any chemical
pollutants or earthen siltation into the waterway.
D. For projects within the Critical Slope Overlay District, the Planning
Board shall conduct a review using the following criteria. For projects
not in the Critical Slope Overlay District that contain slopes greater
than 15%, the Planning Board, upon making a determination that the
proposed project may have a negative effect on aesthetic view corridors,
affect runoff and/or soil retention, or result in erosion both during
and after such project, such review may be required.
(1) Critical Slope Overlay District intent and purpose. The purpose of
this subsection is to control construction on steep slopes. This subsection
is intended to regulate individual and subdivided lots to protect
the health, safety and welfare of the general public by maintaining
and protecting the natural terrain, waterways, wetlands and vegetative
features and provide safe building sites by preventing surface erosion,
creep and sudden slope failure, preserve farmland and open space,
prevent flooding, stormwater runoff and preserving areas of wildlife
habitat.
(2) Critical Slope Overlay district definitions. As used in this subsection,
the following terms shall have the meaning indicated:
CERTIFIED FORESTER
A professional forester certified by the Society of American
Foresters [has a certification program (SAFCF)] or a New York State
Department of Environmental Conservation Cooperating Consulting Forester.
CERTIFIED PROFESSIONAL
Licensed professional engineer, CPESC-certified professional
in erosion and sediment control or certified landscape architect.
SOIL DISTURBANCE
Preparing land for construction or reconstruction, such as,
but not limited to, clearing, grading and filling, and/or the building
of structures, driveways, retaining walls and/or drainage systems.
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(a)
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MINOR SOIL DISTURBANCE — Soil disturbance of 300 square
feet or less.
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(b)
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MAJOR SOIL DISTURBANCE — Soil disturbance greater than
300 square feet.
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TIMBER HARVESTING
The removal of 20% or more of existing trees with a breast
height diameter in excess of six inches from any parcel or tract of
land greater than 43,560 square feet (one acre).
(3) Site plan approval required; exempt activities.
(a)
It shall be unlawful to create any soil disturbance, other than
an exempt activity as set forth in this subsection, in the Critical
Slope Overlay District in the Town of Urbana or outside the Overlay
District upon determination of the Planning Board unless and until
a site plan review application is approved by the Planning Board pursuant
to the requirements of this subsection.
(b)
It shall be unlawful to conduct commercial or private timber
harvesting in the Critical Slope Overlay District in the Town of Urbana
unless and until a site plan review containing a timber harvesting
plan from a certified forester is granted by the Planning Board pursuant
to the requirements of this subsection. Such a plan shall be prepared
in a manner as to protect aesthetic view corridors, prevent runoff
and erosion and insure soil retention both during and after timber
harvesting.
(c)
Exempt activities. The following activities on steep slopes
do not require a site plan review.
[1]
Any planting or installation of landscape materials which does
not require disturbance of existing terrain.
[2]
Emergency situations, as determined by the Town Code Enforcement
Officer, where the disturbance on steep slopes is necessary to protect
persons or property from imminent danger.
[3]
Farming activities using sound management practices as defined
by the Sound Agricultural Practices Guidelines of the New York State
Department of Agriculture and Markets, now and as hereinafter amended.
[4]
If the slope of the site can be documented as less than 15%,
no review is required.
[5]
Routine and emergency construction, maintenance or repair of
public highways by authorized municipal personnel.
[6]
Town water and sewer installations.
[7]
Installation of approved septic system(s) with erosion control
plans.
[8]
Construction, maintenance or repair of public utilities.
[9]
Routine repair and maintenance of an existing driveway, but
not to include reconstruction.
(4) Critical slope review procedure.
(a)
Minor soil disturbance(s). The Code Enforcement Officer is hereby
designated to administer and implement this subsection for minor soil
disturbances. The Code Enforcement Officer, at his or her discretion,
with the advice of the Highway Superintendent, where needed, may determine
that a site plan review should be required.
(b)
Major soil disturbance(s). The Planning Board is hereby designated
to administer and implement this subsection by granting or denying
a site plan for all residential, commercial or agricultural construction,
whether on a single lot or in connection with a subdivision application.
(c)
An application for a site plan review for projects subject to
these plan review requirements shall be made on forms furnished by
the Town Clerk and shall include the following information:
[1]
Six copies of a site plan drawn at a scale of not less than
one inch equals 30 feet, prepared by a licensed professional engineer,
certified landscape architect or licensed surveyor, or CPESC-certified
professional in erosion and sediment control or equivalent, showing
the lot or lots containing steep slopes and the following:
[a] All existing and proposed natural or artificial
drainage courses.
[b] The proposed location of all structures, including
drainage, septic systems, wells, waterlines, and driveways.
[c] The location of the proposed area of soil disturbance
and its relation to adjacent properties, together with buildings,
structures, roads, affected trees and affected wetlands, if any, within
100 feet of the boundaries of said area.
[d] Existing topography of the proposed area of soil
disturbance at a contour interval of not more than two feet. Contours
shall be shown for a distance of 50 feet or greater beyond the limits
of the proposed area of soil disturbance if determined necessary by
the Planning Board, in order to fully evaluate the application.
[e] Proposed final contours and proposed surface materials
or treatment at a maximum contour interval of two feet.
[f] An erosion control plan showing the proposed area
of soil disturbance and temporary and permanent erosion control measures.
(All erosion control practices must comply with New York State standards
and specifications of erosion and sediment control.)
[g] Stormwater management providing the detail of any
surface or subsurface runoff for sizing of drainage structures (i.e.,
culverts and diversions).
[2]
Any special reports deemed necessary by the Planning Board to
evaluate the application, including but not limited to, geologic or
hydrologic studies or capacity evaluation.
[3]
A written narrative explaining the nature of the project, including
any future development proposals for the property and whether alternative
locations exist for the proposed activity.
[4]
New York State SEQR law will be followed as required by Part
617, State Environmental Quality Review, of the regulations of the
Department of Environmental Conservation.
[5]
All requirements of New York State Phase II stormwater regulations
will be met if the project exceeds one acre of construction disturbance.
[6]
The application shall be accompanied by:
[a] Fees for engineers' and attorneys' services,
if required by the Planning Board, in an amount determined by the
Planning Board as sufficient to defray the estimated costs of such
services rendered to the Town in connection with the application.
The applicant shall deposit with the Town Clerk the amount estimated
to reimburse the Town for such costs. Any amount remaining after payment
to the Town for the services rendered shall be returned to the applicant
upon final approval or upon withdrawal if the application is withdrawn.
E. The Planning Board may refer each application to the Steuben County
Soil and Water Conservation District or other certified professional
for review, who may submit a written report to the Planning Board.
This report may contain the following items:
(1) A recommendation on whether the submission is complete and contains
sufficient information for the Planning Board to perform a proper
review of the submission.
(2) A recommendation of approval, disapproval or approval with conditions
of the application.
F. In a building lot or development situation that requires material
removed from the site or hauled in over Town roads, the Highway Superintendent
shall review the engineered plan before work commences. In some cases
it may be necessary to haul material in or out during certain times
of day or.
The Planning Board shall conduct a public hearing on the site
plan. Such a hearing shall be held within 60 days of the receipt of
a completed application for site plan review and shall be advertised
in the Town's official newspaper at least 10 days before the
public hearing.
Within 60 days after the conclusion of the public hearing, the
Planning Board shall render a decision. In its decision, the Planning
Board may approve, approve with modification or disapprove the site
plan, as follows. The time period in which the Planning Board must
render its decision can be extended by mutual consent of the applicant
and the Planning Board.
A. Approval. Upon approval of the site plan and payment by the applicant
of all fees and reimbursable costs due the Town, the Planning Board
shall endorse its approval on a copy of the site plan and shall immediately
file it and a written statement of approval with the Town Clerk. A
copy of the written statement of approval shall be mailed to the applicant
by certified mail, return receipt requested.
B. Approval with modifications. The Planning Board may conditionally
approve the final site plan. A copy of the written statement containing
the modifications required by the conditional approval shall be mailed
to the applicant by certified mail, return receipt requested. After
adequate demonstration to the Planning Board that all conditions have
been met and payment of all fees and reimbursable costs due the Town,
the Planning Board shall endorse its approval on a copy of the site
plan and shall immediately file it and a written statement of approval
with the Town Clerk. A copy of the written statement of approval shall
be mailed to the applicant by certified mail, return receipt requested.
C. Disapproval. Upon disapproval of the site plan, the decision of the
Planning Board shall be filed with the Town Clerk and a copy thereof
mailed to the applicant by certified mail, return receipt requested,
together with the Planning Board's reasons for disapproval.
Any person aggrieved by any decision of the Planning Board may
apply to the Supreme Court for a review by a proceeding under Article
78 of the Civil Practice Law and Rules. Such proceedings shall be
instituted within 30 days after the filing of a decision in the office
of the Town Clerk.
The Town Board shall appoint an Enforcement Officer to carry
out the duties assigned by this chapter or any additional regulations
adopted hereafter. The Enforcement Officer shall be responsible for
the overall inspection of site improvements, including coordination
with the Planning Board and other officials and agencies, as appropriate.
Whenever the circumstances of a proposed development require
compliance with this Site Plan Review Law and with any other local
law, ordinance or requirement of the Town, the Planning Board shall
attempt to integrate, as appropriate, site plan review as required
by this chapter with the procedural and substantive requirements for
such other compliance.
Any person, corporation, partnership, association or other legal
entity who shall violate any of the provisions of this chapter or
any conditions imposed by a permit pursuant hereto shall be guilty
of an offense and subject to a fine not to exceed $250 or imprisonment
for a period not to exceed 15 days, and/or both such fine and imprisonment.
Every such person or entity shall be deemed guilty of a separate offense
for each week such violation, disobedience, omission, neglect or refusal
shall continue.