This article of this chapter is enacted under the authority
of § 274-a of the Town Law of the State of New York to protect
the health, safety, convenience and general welfare of the inhabitants
of the Town. This section regulates the development of structures
and sites in a manner which considers the following concerns and,
where necessary, requires modification of development proposals to
eliminate or minimize potential problems and nuisances. The principal
areas of concern are:
A. The balancing of landowners' rights to use their land with the
corresponding rights of abutting and neighboring landowners to live
without undue disturbances.
B. The convenience and safety of vehicular and pedestrian movement within
the site, and in relation to adjacent areas or roads.
C. The adequacy of waste disposal methods and protection from pollution
of surface water or groundwater.
D. The protection of historic and natural environmental features on
the site under review and in adjacent areas.
Those development projects requiring site plan review are listed
on Schedule I. Unless specifically exempted from site plan review, no
permit for the construction, exterior alteration, relocation, occupancy,
or change in use of any building shall be issued; no existing use
shall be established or expanded in floor area except in conformity
with a site plan approved by the Planning Board. The introduction
of new materials or processes not previously associated with an existing
use is also subject to site plan review.
Notwithstanding Schedule I, site plan review shall not be required
for:
A. The construction or enlargement of any single-family or two-family
dwelling, or building accessory to such dwelling.
B. The construction or alteration of any building used exclusively for
agriculture, horticulture, or floriculture.
C. Construction or alteration providing for not more than 200 square
feet total floor area after construction.
D. Home occupations as defined in Article
II, Definitions.
E. Ordinary repair or maintenance of existing structures or uses.
F. Temporary structures related to the sale of agricultural products.
The Planning Board shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed below. Pursuant to §
200-72C, detailed design guidelines and performance standards may be adopted by the Planning Board to guide decisions with respect to these objectives, and to help ensure consistency in the review of all applications.
A. Legal. Conformance with the provisions of the local laws and ordinances
of the Town, the Town Law of New York State, and all applicable rules
and regulations of state and federal agencies.
B. Traffic. Convenience and safety of both vehicular and pedestrian
movement within the site and in relationship to adjoining ways and
properties.
C. Parking. Provisions for the off-street loading and unloading of vehicles
incidental to the normal operation of the establishment, adequate
parking, adequate lighting, and internal traffic.
D. Public services. Reasonable demands placed on public services and
infrastructure.
E. Pollution control. Adequacy of methods for sewage and refuse disposal
and the protection from pollution of both surface waters and groundwater.
This includes minimizing soil erosion both during and after construction.
F. Nuisances. Protection of abutting properties and Town amenities from
any undue disturbances caused by excessive or unreasonable noise,
smoke, vapors, fumes, dust, odors, glare, stormwater runoff, etc.
G. Existing vegetation. Minimizing the area over which existing vegetation
is to be removed. Where tree removal is required, special attention
shall be given to planting of replacement trees.
H. Amenities. The applicant's efforts to integrate the proposed
development into existing landscape through design features, such
as vegetative buffers, roadside plantings, and the retention of open
space agricultural land.
I. Town character. The building setbacks, area and location of parking,
architectural compatibility, signage, and landscaping of the development,
and how these features harmonize with the surrounding landscape and
the natural landscape.