Town of Monroe, NY Article VI Site Plan Approval

§ 57-14 Uses requiring site plan approval.

Site plan approval by the Planning Board shall be required for the following:

A. Any special use permit.

B. Any use in NB, GB, LI, HI, or BP-O Zoning Districts.

C. Any nonresidential use located within a residential zoning district.

D. A change in the numeric use group classification involving any use listed in Subsections A through C above (any expansion that does not meet all bulk requirements may require variance relief as well).

E. Expansion of any use listed in Subsections A through C above.

F. Any building permit application proposing a change to the location, size (footprint and height) or bedroom count of any building or structure on a lot depicted on a subdivision map approved after October 9, 1968, to the extent that such limits were imposed on the map.

G. Any building permit application for a lot depicted on any subdivision map approved before October 9, 1968, where construction or disturbance of an area of the lot with a slope of 30% or more is proposed.

§ 57-15 Submissions to Planning Board for review.

A. Site plan approval required. In all cases where this Zoning Chapter requires site plan approval as set forth in § 57-14, no building permit or certificate of occupancy shall be issued by the Building Inspector except upon authorization of, and in conformity with, site plan approval of the Planning Board. The Building Inspector shall review all land development applications, determine whether the use is allowed in the zoning district where proposed, and whether the application shall require site plan review and approval from the Planning Board.

B. Variances. Notwithstanding any provision of law to the contrary, where a proposed site plan contains one or more features which do not comply with this Zoning Chapter, application may be made to the Zoning Board of Appeals for an area variance without the necessity of a decision or determination of the Building Inspector. The site plan application shall have first been before the Planning Board for preliminary review prior to the application being transmitted to the ZBA for consideration.

C. Planning Board waiver of site plan map submission.

(1) Upon submission of a site plan application and at the applicant's request, the Planning Board, in its discretion, may waive the submission of a site plan as set forth herein, if the application meets the following criteria:

(a) Requires site plan approval as per § 57-14D or § 57-14E only;

(b) Does not require any area or use variances;

(c) Does not require additional vehicular access, landscape, wetland or other buffers, a change in signs, lighting, front yard landscaping or major drainage improvements;

(d) Does not expand the existing floor area or parking area by more than 20% of the lot area;

(e) Was not the subject of a reduction in permitted parking spaces pursuant to § 57-47E, F or G;

(f) Is not similar to any application for the same property as submitted within the past three years;

(g) Is a change in use which is equally or less intensive than the previous use which existed within the preceding twelve-month period.

(2) The Planning Board shall pass a resolution waiving submission of the site plan, and shall render a decision on the site plan application in accordance with § 57-16 of this article.

D. Applicant disclosures. The applicant shall indicate that he is either the owner of the property, is contract vendee for the property, has an option on the property or is an agent of the owner. An application shall be accompanied by an owner's consent affidavit and an affidavit in accordance with § 809 of the New York State General Municipal Law.

§ 57-16 Application procedure.

A. Initial application submission.

(1) A site plan application shall be submitted to the Planning Board in accordance with procedures duly established by the Planning Board by resolution.

(2) The application form shall be completed by the applicant, and the owner, as required, and shall be accompanied by a site plan map as provided herein, unless submission is waived in accordance with § 57-15C of this article. A site plan application form must be completed in full and an owner consent affidavit shall be completed in full with original signature(s) and submitted with the application.

(3) All applications for site plan approval shall be accompanied by a list of all property owners whose properties are located within a radius of 250 feet of the outermost property boundaries of the project, or as otherwise designated by the Planning Board at its initial meeting at which the plan is presented. The applicant shall also present, with that list, a copy of the tax map or maps from all municipalities where such properties are located which map or maps shall be used to identify all such properties. The applicant shall, before being heard further by the Planning Board, be required to deliver proof that written notice, in form and content approved by an agent of the Planning Board designated for this purpose, of the application has been given to all such neighboring property owners at least 10 days prior to the meeting at which the proposed application shall next be considered by the Planning Board.

(4) A short or long environmental assessment form shall accompany the site plan application unless the Planning Board determines that the action is an exempt action (Type II action) as that term is defined in the regulations implementing SEQRA.

(5) The Planning Board may require copies to be transmitted to the Planning Board's consultants and such additional copies as may be required and forwarded to relevant local, county, or state agencies for which review, approval or permits are required. The Planning Board, in its discretion, may submit copies of the site plan application to the following agencies:

(a) The New York State Department of Transportation (DOT); Orange County Department of Public Works (DPW); the Town Highway Department.

(b) The Orange County Health Department; Orange County Sewer District No. 1 for any use proposed to be located in the sewer district.

(c) The Superintendent of the Monroe-Woodbury School District.

(d) Other agencies as deemed appropriate by the Planning Board.

B. Meetings. The Secretary to the Planning Board shall notify an applicant of the meeting at which the application will be first placed on the Planning Board agenda. All subsequent submissions to the Planning Board shall be accompanied by a written request to be placed upon the agenda of the next available meeting of the Planning Board; each such submission and request shall be submitted to the Planning Board office within the timeframes established by the Planning Board for submission. If the site plan and/or application is deemed incomplete, the Planning Board, in its discretion, may not place the application on the agenda until such time that the requested additional data are submitted.

C. Public hearing. The Planning Board, in its discretion, may conduct a public hearing within 62 days from the day an application is deemed complete. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before said hearing and shall give notice of said hearing at least five days prior to the date thereof. Notice at least five days prior to the date shall be given in the following manner:

(1) Published in the official newspaper.

(2) Posting a notice of the hearing at Town Hall.

(3) By requiring the applicant to send a copy of the notice of public hearing by certified mail, return receipt requested, to the owners of all property within 300 feet of the property which is the subject of the site plan application as the names and addresses appear on the latest assessment roll of the Town. Proof of such mailings and receipts for same shall be filed with the Planning Board prior to, or at the time of, said hearing. In the event that the three-hundred-foot requirement extends to properties beyond the Town boundary, the applicant shall acquire the names and addresses of said property owners from the latest assessment roll of the municipality in which said property is located and shall comply with the mailing requirements as set forth herein.

D. Notice to Orange County Planning Department. As per § 274-b of New York State Town Law, at least 10 days before a public hearing if a hearing is to be held, the Planning Board shall mail notices thereof to the Orange County Planning Department, which notice shall be accompanied by a full statement of such proposed action. In the event a public hearing is not required, such proposed action shall be referred before final action is taken thereon.

E. Compliance with SEQRA. The Planning Board shall comply with the regulations implementing the SEQRA under Article 8 of the Environmental Conservation Law and its implementing regulations.

F. Decision. The Planning Board shall make a decision on the application within 62 days after the close of any public hearing, or after the day the application is deemed complete if no hearing is held. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The Planning Board shall approve, approve with conditions, or disapprove the application.

G. Conditions. The Planning Board is authorized to impose such reasonable conditions and restrictions as are directly related to and incidental to a site plan. Should approvals of other agencies be required, such approval shall be required prior to approval of the site plan or issuance of the building permit, whichever is appropriate.

H. Filing of decision. The decision of the Planning Board shall be filed in the office of the town clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.

I. Reservation of parkland on site plans containing residential dwellings.

(1) Before the Planning Board may approve a site plan containing residential dwellings, such site plan shall also show, when required by the Board, a park or parks suitably located for playground or other recreational purposes. Land for park, playground or other recreational purposes may not be required until the Planning Board 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 Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute.

(2) In the event the Planning Board makes a finding that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate Planning Board may require a sum of money in lieu thereof as established by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on 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 neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.

(3) Notwithstanding the foregoing, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to Chapter A65, Subdivision of Land, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.

J. Performance bond. As an alternative to the installation of required infrastructure and improvements, and prior to site plan approval by the Planning Board, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or a Town agent designated by the Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Planning Board, shall be furnished to the Town by the applicant. Such security shall be provided to the Town pursuant to Article VIII of this Zoning Chapter.

K. Site plan amendments. Amendments to a site plan shall be acted upon in the same manner as approval of the original site plan.

L. Signing and filing. Following approval by the Planning Board, the site plan shall be signed by the Planning Board Chairperson and the Town Engineer and filed with the Planning Board office and Building Department. The maps shall not be signed until all Planning Board conditions required prior to filing of the signed map are satisfied. Upon signing and filing, the Building Inspector may issue a building permit or certificate of occupancy in reliance thereon. No changes, erasures, modifications or revisions shall be made to any site plan after approval has been granted by the Board and endorsed, in writing, on the site plan; otherwise the site plan shall be deemed void.

M. Site plan approval; maintenance a continuing obligation.

(1) In the event a site plan is approved with conditions, the applicant shall have 180 days from the date of approval to satisfy such conditions. Failure of the applicant to satisfy such conditions within such one-hundred-eighty-day period shall render the site plan approval void. The Planning Board, upon good cause shown, may extend the one-hundred-eighty-day period for one additional one-hundred-eighty-day period.

(2) Site plan approval shall be effective for a period of two years from the date the resolution of approval is adopted by the Board, notwithstanding any extension granted pursuant to Subsection M(1) above. If, at the end of the two-year period, the applicant has not commenced construction, site plan approval shall expire automatically and the applicant must reapply for site plan approval pursuant to this Zoning Chapter. If, at the end of three years from the date of approval, construction is not completed and a certificate of occupancy issued, site plan approval shall automatically expire and the applicant must reapply for site plan approval pursuant to this Zoning Chapter.

(3) Site maintenance. It shall be a continuing obligation and requirement to maintain a property in compliance with the approved site plan. Failure to do so shall constitute a violation of this Zoning Chapter.

§ 57-17 Information required on plan.

The site plan shall contain the following information and shall be drawn to scale by a qualified engineer, surveyor, architect, landscape architect licensed by the State of New York. The Planning Board, when reasonable, may waive any submission requirement set forth herein for the approval, approval with modifications or disapproval of site plans. Any such waiver 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 inappropriate to a particular site plan.

A. General location. A location map at a minimum scale of one inch equals 2,000 feet to indicate the relationship of the proposed development to existing streets, zoning district boundaries, significant existing community facilities which will serve or influence the layout, such as shopping areas, schools, parks, employment centers, churches, firehouses, etc.; and the relationship of the development to the nearest streams, drainageways or watercourses. This may be a United States Geological Survey quad, zoning map or tax map and shall accompany the site plan.

B. Site plan. The site plan shall be prepared at a scale of one inch equals 50 feet to 1,200 feet or larger showing the following:

(1) Distance to the nearest existing or proposed street intersection.

(2) Acreage of the property and each distinct land use and the proposed density or intensity of each (number of dwelling units if residential uses are proposed, or maximum floor area where nonresidential uses proposed). Where residential uses are proposed, the maximum bedrooms per dwelling unit. A table with an estimate of the water supply demand, and the wastewater generation.

(3) The Section/Block/Lot number of the property taken from the Tax Maps of the Town of Monroe. The name and address of the property, the property owner of record, the applicant, and of all owners of record of adjacent property.

(4) Identification of the existing zoning and special district (fire, lighting, school, sewer, water, and others) boundaries applicable to the site and within 100 feet of the property.

(5) Boundaries of the property with surveyed dimensions.

(6) Location of all existing structures on the site as well as structures on adjacent property within 100 feet of any portion of the property which is to be developed or modified in any way, as determined by the Planning Board.

(7) The proposed location, area, height, spacing, exterior design treatment and use of all proposed and existing buildings, structures and outdoor signs and storage, if any. A bulk table with the dimensional standards applicable to the zoning district in which the property is located, and the table shall indicate the minimum or maximum dimensions of the proposed development. Any existing or proposed nonconforming conditions shall be noted in the table.

(8) The existing or proposed location of any use not requiring a structure, including walkways, trails, sidewalks, benches, fences and recreational facilities.

(9) Location of existing and proposed usable open spaces and recreational areas and their landscaping.

(10) All existing and proposed means of vehicular access to and egress from the site, and all streets which are either proposed, mapped or built.

(11) Location and design of all driveways, off-street open and enclosed (if any) parking and loading areas, with the number of stalls provided therewith, and curbing provided or to be provided. A table of the parking standards applicable to the use, and a calculation of the number of parking and loading spaces provided.

(12) Location of all existing and proposed wells, waterlines, valves and hydrants, all sewer lines and septic tanks and septic fields and other utilities.

(13) Existing drainage features and water resources (e.g., culverts, marshes, ponds, wetlands, lakes, and streams) of the property and within 100 feet of any portion of the property which is to be developed or modified in any way, as determined by the Planning Board, and the complete proposed stormwater management system designed consistent with the requirements of Chapter 44 of the Town Code.

(14) Existing and proposed fencing, landscaping, buffer strips and screening, where required. Proposed location, direction and type of outdoor lighting.

(15) Existing and proposed contours with intervals of two feet extending 100 feet beyond any portion of the property which is to be developed or modified in any way, as determined by the Planning Board, and the first floor elevations of all buildings. The maximum limits of disturbance shall be outlined on the plan.

(16) Any proposed division of buildings into units of separate occupancy.

(17) Location of any environmentally constrained land as described in § 57-21.1, existing rock outcroppings, isolated trees over 10 inches dbh, orchards, wooded areas, stone walls, roads or lanes, power lines, easements and other natural features and improvements thereto on the property within 100 feet of any portion of the property which is to be developed or modified in any way, as determined by the Planning Board, and all active or inactive mine shafts anywhere in the property.

(18) A tree plan, where required in accordance with this Zoning Chapter.

(19) Where the applicant wishes to develop the project in stages, a site plan indicating ultimate development shall be shown.

(20) All proposed public improvements shall be shown and identified on the site plan (See §§ 57-24 and 57-25). A schedule of the completion of all such improvements shall be submitted with the site plan. (See § 57-26.)

(21) The name of the land surveyor, landscape architect, engineer, or other design professional that prepared the site plan. All revisions to the site plan shall be noted by dates shown on the plan.

(22) A signature block for signature of the Planning Board Chairperson.

§ 57-18 Submission of supporting materials.

The Planning Board, in its discretion, may require the following additional data in support of a development application:

A. Material data safety sheets.

B. Floor plans, elevations and renderings.

C. Visual and noise impact analyses.

D. Demographic analysis or data, describing the population to be generated by the proposed project, which shall consider, among other information, the anticipated household type and household size for residential subdivisions or site plans.

E. Ecological survey.

F. Cultural resource survey.

G. Traffic impact analysis.

H. Groundwater impact analysis.

I. Water supply demand and wastewater generation calculations.

J. Stormwater analysis.

K. Any other report or study deemed necessary to render a decision on the site plan application.

§ 57-19 (Reserved)

§ 57-20 Site plan standards.

A. In making a decision concerning any site plan, the Planning Board shall consider the site layout and overall appearance of all buildings in the proposed development so that they will have a harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods; so that any potential material adverse effect upon the desirability of such neighborhoods for the residential uses contemplated by this chapter shall be minimized; and so that the purpose and intent of the Zoning Chapter will be met, to the end that the value of buildings will be conserved and the most appropriate use of land will be encouraged.

B. The Planning Board shall determine that the site plan conforms in all respects to the requirements of this chapter and that adequate provision has been made for the following:

(1) Adequate space between structures on the lot and of setbacks from private driveways, if any, so as to assure ample light and air and solar access in the interests of the public health, safety and general welfare. In no case shall the distance between any two principal buildings on a lot be less than the height of the taller of the two structures.

(2) Access facilities adequate for the estimated traffic to and from the site so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of a street intersection and shall have a minimum sight distance of 500 feet for a state or county road and 300 feet for all other roads. The Planning Board shall be empowered to waive the five-hundred and three-hundred-foot requirements, provided that it is physically impossible to attain such sight distances, that the sight distances attained are the greatest possible under the given conditions and subject to such reasonable conditions that the Planning Board may impose after consultation with appropriate agencies or professionals for all access points.

(3) Safe and convenient pedestrian and vehicular traffic circulation within the site, including provision for the preservation of existing trails, or the proposed inclusion of trail and trail connections.

(4) Safe and adequate off-street parking facilities and, where necessary, provisions shall be made for school bus loading and unloading.

(5) Truck loading and unloading berths, where required, will not interfere with traffic circulation nor be detrimental in appearance to the site or its surrounding area and will be conducive and convenient to safe operation.

(6) Where nonresidential development or residential development at a density in excess of four units per acre will be adjacent to a residential district, there shall be a protective planting strip not less than 25 feet wide situated within any required side or rear yard, designed and laid out with suitable evergreen plant material which will attain and shall be maintained at a height of not less than eight feet so as to provide an effective natural screen between the nonresidential and residential districts alongside and rear lot lines and along front property lines when the Planning Board shall deem it necessary. The Planning Board shall also consider public safety in determining the application of this standard.

(7) Adequate collection and disposal of stormwater runoff from the site.

(8) Adequate collection, treatment or disposal of sanitary wastes and sewage by sanitary plant or otherwise.

C. Standards applicable to the Business Park Overlay.

(1) Site plan for integrated residential uses. Review and approval of a site plan for residential uses in accordance with Article VI of the Zoning Chapter shall be required prior to approval of any building permit for residential uses in a business park.

(a) The Planning Board may permit the site plan to be developed in such phases as may be appropriate to the overall plan of development for the business park.

(b) Until such time after the construction of at least 300,000 square feet of nonresidential ratable development occurs within the aggregate area described in the overall development plan for the business park, building permits for more than 100 dwelling units shall not be issued pursuant to this section.

(c) Upon completion of construction of at least 300,000 square feet of nonresidential ratable development within the aggregate area described in the overall development plan for the business park, building permits for dwelling units in any remaining phase(s) may be issued provided such phase(s) otherwise comply with the site plan requirements set forth in Subsection C(1)(d)[3] below.

(d) The Planning Board shall review the site plan and determine that the proposed use conforms to the following standards:

[1] The maximum building height shall not exceed 35 feet or 2 1/2 stories.

[2] The minimum lot area shall be 160,000 square feet.

[3] The density of the residential component of a business park shall be 1.5 dwelling units per acre of land in the Town of Monroe, which shall be the total residential density within the overall development plan. The minimum lot area per dwelling shall be 4,350 square feet in any designated residential site.

[4] The maximum lot coverage of buildings within the area of a site plan for an integrated residential use shall be 50%.

[5] No building shall be erected nearer than 30 feet to any property line of the site, with the exception of townhouses or patio homes on individual lots which shall be located at least 25 feet from interior front and rear lot lines and 30 feet from side lot lines. This requirement shall not prevent the common walls of attached dwellings from being located on a property line nor prevent one side wall of a patio home from being located on a lot line.

[6] That prior to occupancy, sufficient central water and sewer service will be available to meet the needs of each phase of the development for which final approval is sought.

[7] There shall be adequate provisions of space between buildings on the lot and of setbacks from driveways, if any, so as to assure ample light, air and privacy in the interest of public health, safety and welfare. The distance between any two buildings shall not be less than the height of the higher of such two buildings.

[8] Any garage area, service or drying yard or recreation area shall be screened so as to adequately protect neighboring properties, as well as to assure an attractive environment within the integrated residential use site.

[9] That sufficient recreational resources are available to serve the needs of the proposed development.

[10] That the proposed development conforms to the applicable minimum habitable floor area and width standards of § 57-45.

[11] The Planning Board may modify the requirements of § 57-51K to reduce the required size of parking spaces to nine feet by 18 feet.

(2) Minimum lot area requirements. As the business park has been developed in accordance with a declaration of development on file with the Office of the Town Clerk, § 57-21.1 of the Zoning Chapter shall not apply.

(3) A business park is a principal permitted use in the BP-O Zoning District. All uses allowed in the BP-O Zoning District are allowed as principal permitted uses.

(4) Special permit uses. Any use allowed by special use permit in the underlying LI Zoning District shall be allowed as a permitted use in a business park. However, any conditions applicable to the special use shall still apply to the use in the business park, and the Planning Board, in its discretion, may waive any condition upon written findings that waiving the condition is consistent with the Comprehensive Plan Update and the purposes of this Zoning Chapter, and will not impact the general health, safety, or welfare of the community.

(5) Declaration of development. When a business park has been developed pursuant to a declaration of development, that declaration may be amended from time to time to incorporate uses allowed in the LI or BP-O District.

(6) Preexisting uses. A use in existence on the effective date of this chapter and previously established on property located within a business park pursuant to a duly approved site plan and no longer permitted in the BP-O or LI District shall be allowed to continue. Any land or building occupied by a use shall be deemed nonconforming should the use no longer be permitted in the BP-O or LI Zoning District, in accordance with § 57-61.

(7) Dimensional requirements. The entire tract of land comprising either a business park or a regional shopping center shall comply with the dimensional requirements of the B-P Overlay District set forth in the BP-O Schedule of District Regulations, including the minimum lot area and required setbacks, which shall be met by the entire tract on which the business park is situated, not individual lots within the overall business park or regional shopping center use.

(8) Change of use. Any change in a tenant or occupancy of an existing building which does not involve a change of use, e.g., a retail use changes to a retail use, does not increase the minimum parking requirements for the use, does not necessitate or propose any change to the site plan, and does not require an area variance, shall be permitted without the need for site plan approval.

(9) Standards applicable to LI District. Supplemental dimensional and bulk standards set forth in Article XI and applicable to the LI District, which is the base zoning district underlying the BP-O District, shall apply to any lot in the BP-O District.