The Town of Deerpark Planning Board is authorized, in accordance
with §§ 274-a and 274-b of the New York State Town
Law, to review and approve, approve with modifications or disapprove
special uses and site plans connected therewith. Site plan review
shall be required for all special use permits and such other uses
as the Town Board may from time to time designate by local law. All
enumerated procedures and regulations set forth for this article shall
also apply to site plans submitted for review and approval for all
permitted uses with Planning Board approval. The following procedures
shall apply.
An applicant for a special use permit may submit a preliminary
site plan for review and advice by the Planning Board. Such a preliminary
site plan should provide locations and dimensions of the proposed
use in relation to the property boundaries and adjacent uses. It should
also indicate all accesses and improvements, both existing and proposed,
and any site features which could have a bearing on the project, including
the general topography and existing ground cover. This preliminary
plan shall be used by the Planning Board as a basis for advising the
applicant regarding information it shall require on the site plan
before it conducts a public hearing or takes any action with respect
to the plan. The Planning Board shall give no approval or disapproval
regarding any preliminary site plan but may use it to schedule a public
hearing if sufficient data is available, determine if any provisions
of this article should be waived, or begin its review of the application
under the New York State Environmental Quality Review Act ("SEQRA").
The Planning Board shall be under no obligation to schedule
a public hearing or take any action with respect to a special use
permit application until formal application has been made on forms
provided by the Board and a detailed site plan providing the following
information has been submitted:
A.
The location of all existing watercourses, wooded areas, rights-of-way,
roads, structures, or any other significant man-made or natural feature,
if such feature has an effect upon the use of said property.
B.
The location, use, and floor or ground area of each proposed building,
structure, or any other land use, including stormwater management,
sewage disposal, and water supply systems.
C.
The location of all significant landscaping and ground cover features,
both existing and proposed, including detailed planting plans and
a visual depiction or rendering of the final appearance of the property
after all landscaping and other physical improvements are completed.
D.
The location, dimensions, and capacity of any proposed roads, off-street
parking areas or loading berths, including typical cross sections
for all paving or regrading involved.
E.
The location and treatment of proposed entrances and exits to public
rights-of-way, including traffic signals, channelizations, acceleration
and deceleration lanes, widenings or any other measure having an impact
on traffic safety conditions.
F.
The location and identification of proposed open spaces, parks or
other recreation areas.
G.
The location and design of buffer areas and screening devices to
be maintained.
H.
The location of trails, walkways, and all other areas proposed to
be devoted to pedestrian use.
I.
The location of public and private utilities, including maintenance
facilities.
J.
The specific locations of all signs existing and proposed, including
a visual depiction of the latter.
K.
Preliminary architectural plans for the proposed buildings or structures,
indicating typical floor plans, elevations, height, and general design
or architectural styling.
L.
A completed SEQRA environmental assessment.
M.
Any other information required by the Planning Board which is clearly
necessary to ascertain compliance with the provisions of this chapter
and limited to such information.
The Town of Deerpark Planning Board shall, pursuant to § 274-a,
Subdivision 5, of the Town Law, have the right to waive, when reasonable,
any of the procedural requirements of this article for the approval,
approval with modifications, or disapproval of special use permits
and site plans submitted for approval. This waiver authority may be
exercised in the event any such requirements are found not to be requisite
in the interest of the public health, safety, or general welfare or
are inappropriate to a particular site plan. Any such waiver shall
be subject to the following conditions:
A.
No waiver shall result in allowing a use not permitted within the
applicable zoning district.
B.
No waiver shall be given with respect to standards outside the scope
of this article which would otherwise require a variance from the
Zoning Board of Appeals.
C.
Waivers shall be limited to those situations where the full application
of the requirements contained herein would generate unnecessary data
and create unnecessary costs with regard to deciding the matter at
hand, due to the scope or nature of the project involved. The proposed
enclosure of a deck or a simple change of use with no significant
structural modifications in the case of a commercial property, for
example, might not require typical cross sections for proposed regrading
or water supply data.
D.
An applicant for site plan approval who desires to seek a waiver
of certain of the above-referenced requirements pertaining to such
applications shall submit a preliminary site plan as provided above.
The Planning Board shall review the preliminary site plan, advise
the applicant as to potential problems and concerns, and determine
if any additional site plan information is required. The Planning
Board shall consider such site plan as adequate when, in its judgment,
the information submitted is sufficient to make a determination of
compliance with the development standards contained herein and the
intent of site plan review criteria found below.
E.
Nothing herein shall authorize the Planning Board to waive state
environmental quality review requirements.
The Planning Board shall fix a time, within 62 days from the
day the Board deems complete an application for a special use permit
or site plan approval, for the hearing of any matter referred to under
this section. It shall give public notice of such hearing at least
five days prior to it in a newspaper of general circulation in the
Town and decide upon the application within 62 days after such hearing.
It shall not, however, grant approval before a decision has been made
with respect to environmental impacts pursuant to SEQRA. The decision
of the Planning Board shall be filed in the office of the Town Clerk
and a copy thereof mailed to the applicant within five business days
after such decision is rendered.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed special use permit or site plan. Upon approval of
said permit and/or plan, any such conditions shall be met prior to
the actual issuance of permits by the Town. These conditions may include
requirements of the applicant to provide parkland or to provide fees
in lieu thereof pursuant to § 274-a, Subdivision 6, of the
New York State Town Law for new lots and residential units of any
kind.
The Planning Board is authorized to refer special use permit
applications and site plans to other agencies, groups or professionals
employed or used by the Town for review and comment and to charge
the applicant fees for any reasonable expenses connected therewith.
The Board shall, in particular, ensure that the requirements of § 239-m
of the General Municipal Law regarding review by the Orange County
Planning Department are met. It shall also comply with all requirements
of the New York State Environmental Quality Review Act.
Any person aggrieved by any decision of the Planning Board or
any officer, department, board or bureau of the Town may apply to
the Supreme Court for review by a proceeding under Article 78 of the
Civil Practice Law and Rules.
The site plan as approved by the Planning Board shall be binding
upon the applicant. Any changes from the approved plan shall require
resubmission and reapproval by the Planning Board. The site plan shall
remain effective, as an authorization to establish the use, for a
maximum for two years from the date of approval, unless the Planning
Board shall have granted an extension in writing. Absent such an extension,
the special use shall be deemed to have expired. A permitted use,
permitted with Planning Board approval, special use or accessory use
which has been discontinued for a period of five years or more shall
also be deemed to have lapsed.
The Planning Board may require, at the time it is initially
granted, that any special use approval be renewed periodically. Such
renewal shall be granted following public notice and hearing and may
be withheld only upon a determination that the conditions attached
to any previous approval have not been met. A period of 62 days shall
be granted the applicant in such cases to make remedies and bring
the use into full compliance with the terms of the special use approval.
Should the applicant fail to make such remedies, the special use approval
shall be revoked and the use immediately discontinued.
The Planning Board, in reviewing the site plan, shall consider
its conformity to the Town of Deerpark Comprehensive Plan and the
various other plans, laws and ordinances of the Town. Conservation
features, aesthetics, landscaping, and impact on surrounding development
as well as on the entire Town shall be part of the Planning Board
review. Traffic flow, circulation, and parking shall be reviewed to
ensure the safety of the public and of the users of the facility and
to ensure that there is no unreasonable interference with traffic
on surrounding streets. The Planning Board shall further consider
the following:
A.
Building design and location. Building design and location should
be suitable for the use intended and compatible with natural and man-made
surroundings. New buildings, for example, should generally be placed
along the edges and not in the middle of open fields. They should
also be sited so as to not protrude above treetops or the crest lines
of hills seen from public places and busy highways. Building color,
materials, and design should be adapted to surroundings as opposed
to adaptation of the site to the building or the building to an arbitrary
national franchise concept.
B.
Large commercial buildings. Commercial facades of more than 100 feet
in length should incorporate recesses and projections, such as windows,
awnings, and arcades, along 20% of the facade length. Variations in
rooflines should be added to reduce the massive scale of these structures
and add interest. All facades of such a building that are visible
from adjoining streets or properties should exhibit features comparable
in character to the front so as to better integrate with the community.
Where such facades face adjacent residential uses, earthen berms planted
with evergreen trees should be provided. Loading docks and accessory
facilities should be incorporated in the building design and screened
with materials comparable in quality to the principal structure. Sidewalks
should be integrated into a system of internal landscape-defined pedestrian
walkways breaking up all parking areas.
C.
Lighting and signage. Improvements made to the property should not
detract from the character of the neighborhood by producing excessive
lighting or unnecessary sign proliferation. Recessed lighting and
landscaped ground signs are preferred.
D.
Parking and accessory buildings. Parking areas should be placed in
the rear whenever possible and provide for connections with adjoining
lots. Accessory buildings should also be located in the rear with
access from rear alleys. If placement in the rear is not possible,
parking lots should be located to the side with screening from the
street.
E.
Drainage systems. Storm drainage, flooding, and erosion and sedimentation
controls should be employed to prevent injury to persons, water damage
to property, and siltation to streams and other water bodies.
F.
Driveway and road construction. Whenever feasible, existing roads
onto or across properties should be retained and reused instead of
building new, so as to minimize the use of present features such as
stone walls and tree borders and avoid unnecessary destruction of
landscape and tree canopy. Developers building new driveways or roads
through wooded areas should reduce removal of tree canopy by restricting
clearing and pavement width to the minimum required for safely accommodating
anticipated traffic flows. All driveways and streets shall be subject
to Town of Deerpark requirements and review by the Superintendent
of Highways.
G.
Construction on slopes. The crossing of steep slopes with roads and
driveways should be minimized, and building which does not take place
on slopes should be multistoried with entrances at different levels
as opposed as regrading the site flat.
H.
Tree borders. New driveways onto principal thoroughfares should be
minimized for both traffic safety and aesthetic purposes, and interior
access drives which preserve tree borders along highways should be
used as an alternative. Developers who preserve tree borders should
be permitted to recover density on the interior of their property
through use of clustering.
I.
Development at intersections. Building sites at prominent intersections
of new developments should be reserved for equally prominent buildings
or features which will appropriately terminate the street vistas.
All street corners should be defined with buildings, trees, or sidewalks.
J.
Street and sidewalks. Cul-de-sac and dead-end streets should be discouraged
in favor of roads and drives which connect to existing streets on
both ends. Streets within residentially developed areas should be
accompanied by on-street parking and a sidewalk on at least one side
of the street. Where the area is already served with sidewalks, sidewalk
extensions should also be provided from new commercial development
areas to adjacent residential areas, and pedestrian access should
be encouraged.
K.
Impact on the Neversink Aquifer. New special use applications and
subdivisions of 10 lots or more shall be reviewed for impacts on the
Neversink Aquifer (see Comprehensive Plan). Hydrogeologic studies
may be required to evaluate impacts, condition approvals or determine
the permitted density for such projects.
The Planning Board, in acting upon the site plan, shall also
be approving, approving with modifications, or disapproving the special
use permit application connected therewith, taking into consideration
not only the criteria contained above but also the following:
A.
Whether the proposed use will result in an overconcentration of such
uses in a particular area of the Town or is needed to address a deficiency
of such uses. The Board shall, in this regard, consider the suitability
of the site proposed for a particular use as compared to the suitability
of other sites in the immediate area.
B.
Whether the proposed use will have a detrimental or positive impact
on adjacent properties or the health, safety, and welfare of the residents
of the Town of Deerpark.
C.
If the proposed use is one judged to present detrimental impacts,
whether an approval could be conditioned in such a manner as to eliminate
or substantially reduce those impacts.
D.
Whether the use will have a positive or negative effect on the environment,
job creation, the economy, housing availability, or open space preservation.
E.
Whether the granting of an approval will cause an economic burden
on community facilities or services, including, but not limited to,
highways, sewage treatment facilities, water supplies, and firefighting
capabilities. The applicant shall be responsible for providing such
improvements or additional services as may be required to adequately
serve the proposed use, and any approval shall be so conditioned.
The Town shall be authorized to demand fees in support of such services
where they cannot be directly provided by the applicant. This shall
specifically apply to, but not be limited to, additional fees to support
Fire District expenses.
F.
Whether the site plan indicates the property will be developed and
improved in a way which is consistent with that character which this
chapter and the Town's Comprehensive Plan are intended to produce
or protect, including appropriate landscaping and attention to aesthetics
and natural feature preservation.
A.
The Planning Board may, to assure an acceptable buffer between adjacent
residential and nonresidential uses and create a healthy, safe and
aesthetically pleasing environment in the Town, require a landscape
plan be prepared as part of any special use application. Such a plan
may also be required whenever any nonresidential use is proposed in
any district so as to buffer parking areas and buildings from the
highway, each other, and other uses. Where it is determined that a
proposed special use would not have a significant impact on the natural
environment, adjoining landowners, or the view from a public highway,
these requirements may be appropriately modified by the Planning Board.
B.
The landscape plan, if required, shall specify locations of all mature
shade trees or other species of six-inch caliper or greater and indicate
existing vegetation to be removed or preserved. It shall demonstrate
how building materials, colors, and textures will be blended with
the natural and man-made landscape. It shall also include visual depictions
of the proposed landscape from the perspective of persons who will
view the site from the highway or adjoining properties. Specific locations,
varieties, sizes, winter hardiness, and schedules for all proposed
plantings shall, too, be provided as part of the plan.
C.
The Planning Board, in reviewing a landscape plan, may employ the
assistance of design professionals.
(1)
The Planning Board shall also specifically consider the following
before approving, approving with modifications, or disapproving the
special use:
(a)
The plan should promote attractive development, preserve existing
vegetation to the maximum extent possible, enhance the appearance
of the property and complement the character of the surrounding area.
(b)
The plan should use landscaping to delineate or define vehicular
and pedestrian ways and open space.
(c)
The plant material selected should be of complementary character
to buildings, structures, and native plant species and be of sufficient
size and quality to accomplish its intended purposes.
(d)
The plan should effectively buffer the activity from adjoining
land uses as may be necessary and soften the impact of other site
development as contrasted with the natural environment.
(e)
The plan should be realistic in terms of maintenance and use
materials which, as a minimum, are winter hardy to Zone 4.
(2)
Consideration and determination of the adequacy of the above plan
requirements are at the Planning Board's discretion.
D.
Landscaping guidelines. The following minimum specifications are
suggested guidelines that the Planning Board may apply when new landscaping
is required:
(1)
The minimum branching height for all shade trees should be six feet.
(2)
Shade trees should have a minimum caliper of two inches (measured
four feet above grade) and be at least eight feet in height when planted.
(3)
Evergreen trees should be a minimum of six feet in height when planted.
(4)
Shrubs should be a minimum of 24 inches in height when planted. Hedges
shall form a continuous visual screen within two years after planting.
(5)
A buffer screen at least 15 feet in width along any residential lot
line should be provided. It shall include, at a minimum, an opaque
wooden stockade fence six feet in height and one evergreen tree for
every 25 linear feet of property line. An additional row of evergreens
meeting these standards, and offset such that each row serves to place
trees between the gaps of the other, should be permitted as a substitute
for the stockade fence.
(6)
A landscape strip at least 10 feet in width, that includes at least
one deciduous tree for every 50 linear feet of perimeter lot line,
should be required for any nonresidential use. Such deciduous trees
should also be accompanied by smaller shrubs and ground cover as may
be required to effectively separate and buffer the activity from the
highway but still allow for visibility of the use. The width of this
buffer may be reduced along the rear and side lot lines for good cause,
but not along the front lot line.
(7)
All lot area (except where existing vegetation is preserved) should
be landscaped with grass, ground cover, shrubs, or other appropriate
cover.
(8)
The preservation of mature shade trees should be required unless
there is no alternative but to remove them. These may be used to meet
requirements of this section, provided the Building Inspector or Planning
Board, as the case may be, determines the purpose of this section
is achieved.
E.
A performance guarantee, in a form acceptable to the Town Attorney,
in the amount of 125% of the cost of materials and installation may
be required to assure that all landscaping survives in a healthy condition
for one full year. The Building Inspector or Planning Board, as the
case may be, shall determine the amount of the guarantee and consider
financial impacts of this requirement on the project. The Building
Inspector shall have the right to enter upon the property to inspect
the landscaping and, after notifying the owner of any deficiencies,
to require that the guarantee be used to pay for the replacement of
any dead, dying, diseased, stunted, or infested plant materials.
F.
All applicable requirements of these landscaping regulations imposed
by the Planning Board shall be fully met prior to the Building Inspector
granting a certificate of occupancy for a new building or use subject
to these regulations.
A.
Supersession of statutory provisions. This section shall, pursuant
to the supersession authority granted by the Municipal Home Rule Law,
supersede, in its application to the Town of Deerpark, the provisions
of §§ 274-a, 276, and 277 of the Town Law of the State
of New York relating to the limitation upon the authority of a Town
to require the posting of a performance bond or other form of security
in connection with the approval of a land subdivision plat, to extend
such authority to Planning Board approvals of commercial and residential
site plans in accordance with the provisions of § 274-a
of the Town Law.
B.
Legislative intent. In order to ensure that once a project has been
started it shall not be abandoned, partially completed, or left in
a state which will cause erosion of the soil, improper drainage, or
any other condition which will result in the deterioration or devaluation
of the surrounding land or neighborhood, and in order to ensure that
while under construction, the workmanship and materials used shall
promote the long life of the project and the health, safety, and welfare
of the future users of the subject premises and surrounding areas,
the Town Board of the Town of Deerpark has determined it to be a proper
exercise of authority conferred upon it by the laws of the State of
New York to require the posting of adequate security for the performance
of necessary site improvements contemplated in connection with a residential
or commercial site development.
C.
Procedure.
(1)
Prior to or contemporaneously with the grant of final site plan approval for a particular project, the Planning Board, in considering the recommendation of the engineering authorities available to it, shall establish the amount of performance security to cover the full cost of the required site improvements as shown on such final site plan as enumerated in Subsection D hereof. The Planning Board shall make a referral of the matter regarding the establishment of the amount of performance security of a particular project to the Town Board, which referral shall include its recommendation as to the amount of such performance security. The performance security shall become effective only if and when the Town Board shall have approved it as to form, sufficiency of surety, and manner of execution.
(2)
The performance security shall be in the amount approved by the Town
Board in the form of a performance bond issued by a surety company
licensed in the State of New York; a letter of credit issued by a
federally or state-chartered financial institution; or a savings passbook,
money market account or certificate of deposit naming the Town of
Deerpark as joint tenant.
(3)
Such performance security, if in the form of a performance bond or
letter of credit, shall run for a term to be fixed by the Planning
Board, but in no event for a term longer than three years; provided,
however, that the term of such security may be extended by the Planning
Board with the consent of the parties thereto. In the event that such
security is in the form of a letter of credit, such a letter of credit
shall contain a provision requiring automatic renewal thereof unless,
not less than 30 days prior to its expiration, the Town of Deerpark
is given written notice of the issuing institution's intention
not to renew such letter of credit.
(4)
The performance security in the full amount established by the Town
Board shall be posted with the Town Clerk upon grant of final site
plan approval. No building permits shall be issued for and no site
preparation work shall be commenced on the subject premises unless
and until the necessary performance security has been posted.
(5)
A duly designated official of the Town shall inspect the improvements
during construction to assure their satisfactory completion. An inspection
fee of 10% of the performance bond amount shall be posted by the applicant
to cover the cost of required inspections, and an administration fee
of 10% of the performance bond shall be posted by the applicant to
cover administration costs.
(6)
During the course of construction, the performance security may be
reduced, in the sole discretion of the Town Board upon the recommendation
of the Planning Board, to an amount certified by the Town Engineer
or the Town's consulting engineer to be the probable cost of
completion of the remainder of the required site improvements, but
in no event shall such amount be reduced to less than 50% of the original
amount of the performance security.
(7)
The performance security shall be released or reduced only by the
Town Board and only upon recommendation of the Planning Board after
certification by the Town Engineer or the Town's consulting engineer
that all or parts of the required site improvements have been completed
in conformance with the approved final site plan and all applicable
regulations.
D.
Site improvements subject to bonding.
(1)
The following items are considered essential to the principles stated
above and shall be included in the amount of the performance security
to be set:
(a)
Site grading, including replacement of topsoil and seeding, and including
necessary structural features such as retaining walls and ground cover.
(b)
Drainage, including waterways, conduits and all necessary appurtenances
and structures.
(c)
Water and sewer systems, including all wells, conduits, structures
and appurtenances as may be required by those government agencies
having final jurisdiction for approval of those systems.
(d)
Foundation course, pavement, curbs, and sidewalks for all roads,
drives, parking areas, and walkways.
(e)
Lighting, including all necessary wiring, structures, and appurtenances.
(f)
Landscaping, including all shrubs, trees, and screening as may
be required to ensure that the final site condition meets with the
planning and zoning concepts expressed in the Comprehensive Plan of
the Town of Deerpark and this chapter, as well as all drainage and
soil erosion measures required to protect the site.
(2)
The Planning Board shall have the discretion to require only a restoration
bond be posted, should it be deemed sufficient to protect the Town's
interest. In the event a restoration bond is posted, the inspection
fee to be deposited by the applicant shall be 5% of the full performance
bond amount otherwise required by this section.
E.
Phased projects. In the event that a particular site plan is to be
constructed in sections or phases, the Planning Board, in its sole
discretion, taking into consideration the importance of the entirety
of the site improvements on the section or phase to be constructed,
may recommend to the Town Board that the performance security be posted
for only so much of the project as is going to be constructed in a
particular phase or section; provided, however, that no building permits
shall be issued for and site work shall be conducted on any future
phase or section unless and until the required performance security
is established for such future phase or section and properly posted
in accordance with the provisions of this section.
F.
Default. In the event that any required site improvements have not
been installed as provided in this section within the term of the
performance security, the Town Board may thereupon declare said performance
security to be in default and collect the sum remaining payable thereunder,
and, upon receipt of the proceeds thereof, the Town shall install
such improvements as are covered by such security and are commensurate
with the extent of building development that has taken place on the
site. In the event that no building has taken place but site preparation
has taken place, the proceeds of the security shall be used, to the
extent practicable, to restore the site to its original state and
avoid erosion and adverse drainage conditions.
