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.
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.
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:
(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;
(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.
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.
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.
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.
(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.
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.
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.
(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.
