[Amended 9-14-2021 by L.L. No. 4-2021]
A. No building permit for new or additional construction shall be issued for any site and no construction activity in the nature of site improvement shall be commenced on property located within the B General Business District; on property located within the I-1 Industrial District or the R-2 Residential District for a manufactured home park pursuant to §
165-34 of this Code, as amended; on any property located within any zoning district within the Town for a manure storage facility pursuant to §
165-35 of this Code, as amended; on any property located within any zoning district within the Town for an application for a special use permit pursuant to §
165-107 of this Code, as amended; or on any property located within any zoning district within the Town if the new or additional construction or construction activity in the nature of site improvement is intended to result in a commercial or industrial use without the prior written approval of the Planning Board pursuant to the procedures hereinafter set forth, and any additional rules and regulations relating thereto promulgated by the Planning Board, and approved by the Town Board and pursuant to the authority for such review that is contained in Town Law § 274-a, effective July 1, 1998, or as that law may be hereafter amended from time to time.
B. Notwithstanding
the above, a building permit may be issued by the Code Enforcement
Officer, or a designated representative of the Town of Geneva Building
Department, without site plan review by the Planning Board, if the
proposed project is an addition or accessory structure that is no
more in size than 40% of the existing building, to a maximum of 5,000
square feet, and the proposed use of the new construction is the same
as the existing use, or an allowed accessory use, and otherwise complies
with applicable codes.
[Added 9-14-2021 by L.L.
No. 4-2021]
Plats showing lots, blocks or sites which are subject to review
pursuant to authority provided for the review of subdivisions under
§ 276 of the Town Law shall continue to be subject to such
review and shall further be subject to review as site plans under
this chapter.
Application for the site plan approval shall be made by the
owner(s) of the premises or by a person or firm, designated in writing
by the owner(s) to make such application as agent or attorney at law,
and any such designation by said owner(s) shall be deemed binding
upon the owner(s) of the premises for all proceedings thereafter.
All notices required to be served upon the applicant shall be deemed
served upon the owner(s) if duly served upon the agent or attorney
at law for the owner(s).
Prior to submission of a site plan approval request, the owner(s),
or the owner's(s') agent or attorney at law, shall meet with the Planning
Board in a preapplication process, the purpose of which is to detail,
in preliminary form, the proposed construction project, and so that
all of the requirements of this procedure will be fully understood
by all parties. The intent of such meeting is to enable the applicant
to inform the Planning Board of the applicant's proposal prior to
the preparation of a detailed site plan and for the Planning Board
to review the basic site design concept, advise the applicant as to
the potential problems and concerns and to generally determine the
information to be required on the site plan. At the preapplication
conference, the applicant shall provide:
A. A statement outlining the project, together with a rough sketch,
showing the locations and dimensions of principal and accessory structures,
parking areas, access sign (with descriptions), existing and proposed
vegetation and other planned features, anticipated changes in the
existing topography and natural features, including all existing watercourses
and, where applicable, measures and features to comply with flood
hazard and flood insurance regulations. The sketch or map will clearly show the location of the
site with respect to nearby streets, rights-of-way, properties, easements
and other pertinent features.
B. A topographic or contour map of adequate scale and detail to show
site topography with at least ten-foot intervals. The applicant shall
submit an application for site plan approval within 60 days from the
preliminary meeting, unless the date is extended by the Planning Board.
Upon making an application for the site plan approval, the applicant
shall pay a fee set from time to time by resolution of the Town Board.
Upon submission of the application, the Planning Board shall
review the site plan for the following purposes, as appropriate, but
it shall not be limited to the following and may consider any reasonable
and appropriate impact the construction on the site will have affecting
the health, safety and general public welfare of the people of the
Town of Geneva:
A. Conformance with all relevant zoning regulations and design standards
articulated elsewhere in this chapter, and in other relevant chapters
of the Town Code.
B. Location and adequacy of all parking and loading facilities, site
traffic circulation and ingress and egress from the site.
C. Location, adequacy and compliance with standards elsewhere in the
Zoning Code of any required screening, both within the site and along
the boundaries of the site.
D. Location, size and conformance with standards set forth in Article
VII and elsewhere in the Zoning Code for all proposed signs.
E. Location, size and conformance with standards set forth in Article
IV and elsewhere in the Zoning Code of all proposed landscaping.
F. Location, size and character of all proposed buildings and other
structures, and their compatibility with the surrounding area.
G. Location, arrangement, size, design and general site compatibility
of proposed lighting and signs.
H. Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience care.
I. Adequacy of stormwater and drainage facilities.
J. Adequacy of water supply and sewage disposal facilities.
K. Adequacy of type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
L. Adequacy of fire lanes and other emergency zones and the provision
for fire hydrants and adequacy of water supply.
M. Adequacy and impact of structures, roadways and landscaping in areas
with susceptibility to ponding, flooding and erosion during and after
construction.
In the event that there is a request for waiver of any specific
item, a separate form shall be attached detailing the reason why a
waiver is requested.
Whenever the Code Enforcement Officer, any other officer of
the Town of Geneva or any board of the Town of Geneva shall determine
that site plan review shall be required to be complied with and/or
enforced, the costs incurred by said officer, by the Town of Geneva
Planning Board or by any officer of the Town of Geneva on behalf of
the Town for consultation fees with engineers, attorneys or other
professionals or costs incurred in enforcing or complying with this
Code, including but not limited to the costs of meeting the requirements
of Article 6 of the Environmental Conservation Law (SEQRA), shall
be reimbursed by the real property owner before a building permit,
certificate of occupancy or other permit may be issued. If the real
property owner fails to fully reimburse such costs, then said reimbursement
costs levied pursuant to this chapter shall constitute a lien and
charge on the real property that was the subject of review until paid
or otherwise satisfied or discharged; and, if the same are not paid
within 30 days after they shall be deemed payable, they shall be collected
and enforced in the same manner and at the same time as other Town
taxes and charges are permitted to be collected.
If, in the opinion of the Planning Board, a performance bond
is required to guarantee the duly authorized completion of the project,
the applicant will post a performance bond with the Town Clerk in
an amount set by the Planning Board based upon the reasonable expected
cost of completion, and no building permit shall be issued until such
bond is posted, and no certificate of occupancy shall be issued, until
all requirements of construction are fully met and the bonding company
is duly discharged.
[Amended 5-26-2022 by L.L. No. 4-2022]
The failure to comply with the requirements of this article or the conditions of site plan approval imposed by the Town Planning Board shall be considered a violation of Town Law for each day that the property owner or owners remain in noncompliance and shall be punishable, upon conviction, as provided in Chapter
1, General Provisions, Article
III.
Whenever the particular circumstances of proposed development require compliance with either the special use procedure in Chapter
165, Zoning, of this Town or other requirements, such as application for variances, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.