A site plan shall be required for all nonresidential projects
in every zoning district and multifamily projects and vacant lot development
of single and two family residences. All other single family and two
family developments are exempt from Site Plan Review. Site plan reviews
are required for all special use permit applications or any change
of use or change of legally established nonconforming use permitted
by right or special use permit. The Code Enforcement Officer shall
refer the applicant to the Planning Commission for site plan review
and approval in accordance with the standards and procedures set forth
in this article.
A.
All applicants seeking site plan review approval shall contact the
Code Enforcement Officer to discuss sketch plan requirements and to
make arrangements to be placed on the Planning Commission agenda for
a sketch plan review.
B.
A sketch plan conference between the Planning Commission and the
applicant shall be held to discuss the applicability of the site plan
review and approval procedure to the intended development or proposed
use for which the building permit or certificate of occupancy or use
is sought.
C.
In order to assist the Planning Commission in its determination,
the applicant shall submit, as may be applicable, the further data
discussed below, during the sketch plan discussion. The Planning Commission
shall make its determination based upon the following:
(1)
A review of the project's scope and the basic land use and site design
concept, as shown by the sketch plan drawn to scale.
(2)
Accompanying statements provided by the applicant, which describe
at a reasonable level of detail what is proposed.
(3)
An area map keyed to the real property Tax Maps, showing the parcel
under consideration for site plan review and all surrounding properties.
(4)
All existing and proposed structures, subdivisions, streets and easements
within 200 feet of the boundaries thereof.
D.
At the sketch plan conference, the Planning Commission shall, with
the advice of its designated consultant, take one of three actions:
(1)
Administratively determine that the project is limited in scope,
with compatible land use, site and building design characteristics,
thus requiring no further review under this chapter, with such determination
restricted to applications, including the establishment of permitted
uses within existing complying structures or the limited modification
of existing conforming uses and complying structures, as determined
by the Building Inspector, wherein no substantial site improvements
are either required or proposed.
(2)
Administratively determine that the project does require full review under this chapter, based upon the project's scope and/or land use, site and building design characteristics, and advise the applicant of site plan submission requirements in accordance with the site plan checklist set forth in § 250-58.
(3)
Require additional sketch plan information prior to making a determination
regarding the applicability of the site plan review and approval procedure.
A complete application for site plan approval shall be made,
in writing, to the Planning Commission and shall be accompanied by
four prints of a site plan which includes information drawn from the
following checklist of items, as determined necessary by the Planning
Commission at the time of the sketch plan conference and which is
provided on a drawing certified by a licensed engineer, architect,
landscape architect and/or land surveyor, in accordance with the provisions
of the New York State Education Law[1] (at the discretion of the Planning Board):
A.
Site plan checklist.
(1)
Title of drawing, including name and address of applicant and person(s)
responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Accurate boundaries of the property plotted to scale, with specific
reference as to the source of the boundary data.
(4)
Existing watercourses, wetlands and one-hundred-year floodplains.
(5)
Grading and drainage plan, showing existing and proposed contours
at an appropriate interval to be specified by the Planning Commission
at the sketch plan conference, with two-foot contour intervals and
soils data generally required on that portion of any site proposed
for development where general site grades exceed 5% or there may be
susceptibility to erosion, flooding or ponding.
(6)
Preliminary drawings showing location, proposed use and height of
all buildings, including general floor plans exterior elevations,
overall dimensions and design and exterior materials.
(7)
Location, design and construction materials of all parking and truck-loading
areas, with access and egress drives thereto.
(8)
Provision for pedestrian and handicapped access.
(9)
Location of outdoor storage for equipment and materials, if any.
(10)
Location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
(11)
Description of the method of stormwater management and location,
design and construction materials of such facilities.
(12)
Description of the method of sewage disposal and location, design
and construction materials of such facilities, including location
of intended municipal connections.
(13)
Description of the method of securing water supply and location,
design and construction materials of such facilities, including location
of intended municipal connections.
(14)
Location of fire and other emergency zones, including the location
of fire hydrants or of the nearest alternative water supply for fire
emergencies.
(15)
Location, design and construction materials of all energy distribution
facilities, including electrical, gas and solar energy.
(16)
Location, size and design and construction materials of all
proposed signage, regulatory and business identification, whether
freestanding or building-mounted.
(17)
Location and proposed development of all buffer and screening
areas, including indication of existing vegetative cover and location
of proposed natural screening or fencing.
(18)
Location and design of outdoor lighting facilities, including
data regarding, when appropriate, lighting direction and levels, both
within the site and at the site's boundaries, if adjacent to residential
development.
(19)
Designation of the amount of building area proposed for retail
sales, office use or similar commercial activity.
(20)
A description of the proposed uses to the extent known, including,
for nonresidential occupancies, expected volume of business and type
and volume of traffic expected to be generated and projected water
demand and sewage load.
(21)
General landscaping plan and planting schedule.
(22)
Other elements integral to the proposed development as considered
necessary by the Planning Commission, including the identification
of any state or county permits required for the project's execution.
B.
Required fee. An application for site plan review and approval shall
be accompanied by the applicable fee in accordance with the fee schedule
established and annually reviewed by the Common Council.
C.
Environmental assessment form. An application for site plan review
and approval shall also be accompanied by a short or full EAF as required
by SEQRA, Article 8 of the Environmental Conservation Law and Title
6 Part 617 NYCRR and as determined by the Planning Commission at the
sketch plan conference.
[1]
Editor's Note: See NY Educ § 1 et seq.
The Planning Commission's review of a site plan shall include,
as appropriate, but is not limited to, the following:
A.
General considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers,
channelization structures and other traffic controls.
(2)
Adequacy and arrangement of pedestrian sidewalks, traffic access
and circulation, walkways, control of intersections with vehicular
traffic and overall pedestrian convenience and safety, including access
to public transportation if applicable.
(3)
Location, arrangement, appearance and sufficiency of off-street parking
and loading facilities.
(4)
Location, arrangement, size, design and general site compatibility
to the surrounding area of principal and accessory buildings, lighting
and signage.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between the applicant
and adjoining lands, including the maximum retention of existing vegetation.
(8)
In the case of an apartment complex or other multiple dwelling, the
adequacy of usable open space of play areas and informal recreation.
(9)
Protection of adjacent or neighboring properties against noise, glare,
unsightliness or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones and water supply
for fire emergencies.
(11)
Special attention to the adequacy of structures, roadways and
landscaping in areas with susceptibility to ponding, flooding and/or
erosion or in the vicinity of wetlands or similar natural features.
(12)
Compatibility of building design with existing characteristics
of the neighborhood.
B.
Consultant review. In its review, the Planning Commission may consult
with the City Building Inspector, the City Engineer, other City and
county officials and its designated private consultants, in addition
to representatives of state agencies, including but not limited to
the State Department of State, Department of Transportation, the State
Health Department and the Department of Environmental Conservation.
C.
Public hearing. The Planning Commission shall conduct a public hearing
on the application for site plan approval. The public hearing shall
be conducted within 45 days of the receipt of the application and
shall be advertised in the official newspaper of the City not less
than twice, with the initial notice occurring at least five calendar
days prior to the public hearing and the final notice occurring not
more than three days prior to the public hearing. A notice of said
public hearing shall be mailed to the owners of all property abutting
that held by the applicant and all other owners of property within
200 feet, or such additional distance as the Planning Commission may
deem advisable, of the boundaries of the property for which application
has been made.
D.
Required referral. Prior to taking action on the site plan, the Planning
Commission shall refer the site plan, when applicable, to the Montgomery
County Planning Board for advisory review and a report in accordance
with § 239-m of the General Municipal Law.
Within 45 calendar days of the receipt of an application for
site plan approval or within 45 calendar days of the conduct of a
public hearing, whichever shall last occur, the Planning Commission
shall act on the site plan application.
A.
Action by resolution.
(1)
The Planning Commission shall act by resolution to either approve, disapprove, or approve with modifications to the site plan application. A copy of the resolution shall be filed in the City Clerk's office and mailed to the applicant within 10 calendar days of the Planning Commission's action. A resolution of either approval or approval with modifications shall include authorization to the Planning Commission Chairman to stamp and sign the site plan upon the applicant's compliance with the submission requirements stated below in Subsection B.
(2)
If the Planning Commission's resolution includes a requirement that
modifications be incorporated in the site plan, conformance with said
modifications shall be considered a condition of approval. If the
site plan is disapproved, the Planning Commission's resolution shall
state specific reasons for such decision. In such a case, the Planning
Commission may recommend further study of the site plan and resubmission
to the Planning Commission after it has been revised or redesigned.
B.
Submission requirements for stamping. After receiving site plan approval,
with or without modifications, from the Planning Commission, the applicant
shall, within six months, submit six prints and one reproducible Mylar
of the site plan to the Planning Commission for stamping and signature
by the Chairman. The site plan submitted for stamping shall conform
strictly to the site plan approved by the Planning Commission except
that it shall further incorporate any revisions or other modifications
required by the Planning Commission and shall be accompanied by the
following additional information:
(1)
Record of application for and approval status of all necessary permits
from federal, state and county officials.
(2)
Detailed sizing and final material specification of all required
improvements.
(3)
An estimated project construction schedule and, if a performance
guarantee is to be provided by the applicant for all or some portion
of the work, a detailed site improvements cost estimate.
C.
Effect of stamping by Planning Commission. Upon stamping and signature
by the Chairman, the Planning Commission shall forward a copy of the
approved site plan to the Building Inspector and the applicant. The
Code Enforcement Officer may then issue a building permit or certificate
of occupancy or use if the project conforms to all other applicable
requirements, including those stated within the New York State Uniform
Fire Prevention and Building Code. The Planning Commission Chairperson
shall simultaneously file a stamped copy of the approved site plan
in the office of the City Clerk.
Reasonable costs incurred by the Planning Commission for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in § 250-58 herein. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Common Council.
No certificate of occupancy or use shall be issued until all
improvements shown on the site plan are installed and an as-built
drawing submitted to the Code Enforcement Officer or a sufficient
performance guarantee has been posted for improvements not yet completed.
The amount and sufficiency of such performance guarantee shall be
determined by the Planning Commission after consultation with the
Corporation Counsel, the Code Enforcement Officer, other local officials
or its designated private consultants. The performance guarantee shall
be posted in accordance with the procedures specified by law and shall
not be released until an as-built drawing has been submitted.
The Code Enforcement Officer shall be responsible for the overall
inspection of site improvements, including coordination with the Planning
Commission's private consultants and other local officials and agencies,
as may be appropriate on multifamily residential, institutional, commercial
and light industrial projects.
Whenever the particular circumstances of a proposed development
require compliance with either another procedure in this Code, the
requirements of the City's Land Subdivision Regulations or the requirements
of the State Environmental Quality Review Act, the Planning Commission
may integrate, if it deems appropriate, and to the extent of its authority
under law, site plan review as required by this chapter with the procedural
and or submission requirements for such other compliance. Such integration
of procedures may require, upon mutual written consent of the Planning
Commission and the applicant, reasonable modification of the time
schedules otherwise stated in this chapter or in said related regulations
or requirements.
Unless construction or use is commenced within one calendar
year of the date of the granting of site plan approval, such site
plan approval shall become null and void.
Any person or persons jointly or severally aggrieved by any
decision of the Planning Commission on a site plan approval application
may apply to the Supreme Court of the State of New York for relief
through a proceeding under Article 78 of the Civil Practice Law and
Rules of the State of New York. Such proceeding shall be governed
by the specific provisions of Article 78, except that the action must
be initiated as therein provided within 30 calendar days after the
filing of the Commission's decision in the office of the City Clerk.
