[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.[1] 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.
A.
The application shall be in writing on a form provided by the Planning
Board and shall be complete as to all items not specifically waived
by the Planning Board.
B.
The following information shall be required of the applicant in sufficient
detail so as to adequately inform the Planning Board and members of
the public concerning those items specified:
(1)
Property information:
(a)
The name and address of the applicant and, if the applicant
is not the owner(s) of the property, an authorization signed by the
owner(s) of the property designating the applicant as agent or attorney
at law.
(b)
The name and address of the owner(s) of record if different
from the applicant.
(c)
A statement setting forth the date upon which the owner(s) received
title to the property, including a copy of the conveyance, if by deed,
or, if by inheritance or other form of transfer, a statement setting
forth that fact and any pertinent details relating thereto, including
a copy of the document of transfer, if available.
(d)
The name and address of the person or firm preparing the plan
and the map, including the professional qualifications of those individuals
or firms.
(e)
A statement setting forth the terms of any sale agreement of
the property and who will be the purchaser thereof, including therewith
a copy of any sale agreement.
(f)
A statement setting forth the current zoning classification
of the property, including the exact zoning boundary, if the parcel
is located in more than one district.
(g)
A survey map setting forth the property boundary lines plotted
to scale showing distances, angles and areas, including thereon a
north arrow and a scale and date of preparation. The survey map shall
show all existing structures and natural features that may affect
or be affected by the construction project and shall show the location
of all planned structures and feature changes. Particular attention
shall be made to all current watercourses.
(h)
The names and addresses of all adjoining property owners, including
municipal property owners, such as municipal or state property owners,
if located on public highways.
(i)
The locations, width and purpose of all existing easements,
setbacks, reservations and areas dedicated to the public use and adjoining
property.
(j)
A legal description of the property as conveyed to the current
owners, including any and all deed restrictions or covenants applying
to the property currently or intended to be applied to the property
upon subsequent conveyance if the site plan is approved.
(k)
A statement setting forth all regulatory permits that will be
required and the time within which said permits must be obtained,
including copies of all applications if already submitted or statements
setting forth that copies will be provided upon submission to the
appropriate state, county or other authority.
(l)
A statement setting forth whether or not the proposed project
meets all current zoning and building regulations of the Town of Geneva
and, if not, what variances must be applied for and the current status
of such application.
(2)
Environmental information:
(a)
Completed and signed Part 1 of the Short Environmental Assessment
Form (SEAF) or Full Environmental Assessment Form (FEAF) as required
by 6 NYCRR Part 617, as amended from time to time.
(b)
Any reports of studies of the site and its ecological attributes,
or any additional information (e.g., traffic studies) related to the
proposed development.
(c)
A list of all local, state and federal agencies with permitting
authority over one or more aspects of the proposed action.
(3)
Existing site conditions:
(a)
Geologic features, such as depth to bedrock and the location
of outcrops and any other geological features which would have an
effect upon the construction of the project.
(b)
Topographic features, including a map showing existing contour
intervals of no more than five feet, or two-foot contour intervals
if required by the Planning Board based upon assessment that the topography
is relatively flat.
(c)
Vegetative cover, including existing wooded areas, significant
isolated trees and similar features and a statement setting forth
the impact on existing vegetative cover.
(d)
Soil characteristics, such as load-bearing capacity and drainage
capacity.
(e)
Hydrologic features, including an engineer's statement as to
drainage and runoff patterns, flood hazard areas, wetlands and depth
to ground water.
(f)
Location and width of roads and paths adjacent to the site and
within the site itself, including private roads and driveways, if
any.
(g)
Location, size and flow direction of sewer and water supply
lines and culverts. Major electric, gas and telephone lines and appurtenances
should also be shown.
(h)
Location of other existing development and uses, including structures,
parking and loading areas, fences, trees and landscaping.
(4)
Proposed development:
(a)
A statement setting forth the relationship of the project to
adjacent and nearby land uses, both public and private.
(b)
A statement setting forth the relationship of the proposed project
to the existing traffic pattern and its impact, if any, on existing
traffic patterns.
(c)
A statement setting forth the visual compatibility of the project
with surroundings and, if required by the Planning Board in the preliminary
conference, an artist's rendering of the project on the site or, in
the alternative, a photograph showing the project transposed on the
site or a computerized rendering of the project on the site.
(d)
A statement setting forth the maximum water usage and sewage
usage of the project as certified to by a licensed professional engineer.
(e)
A grading and drainage plan showing proposed topography at appropriate
contour intervals. This information can be combined with a map of
existing topography if it can be clearly depicted.
(f)
Location, proposed use and height of buildings, building facades
and other structures, such as retaining walls, fences, outdoor storage
tanks, air-conditioning units and waste disposal units at a level
of detail to accurately illustrate the character of proposed buildings
and other structures.
(g)
Location, proposed use, design and construction materials of
improvements not requiring structures, such as parking, loading and
outdoor storage areas.
(h)
Location and arrangement of site access and egress, including
all paths for pedestrian and vehicular travel within the site. Information
should include profiles and cross sections of roadways and sidewalks
showing grades, widths and location and size of utility lines.
(i)
Location and size of water and sewer lines and appurtenances.
Any means of water supply or sewage disposal other than extensions
of existing systems should be described, including location, design
and construction materials.
(j)
Location, design and construction materials of all energy distribution
facilities, including electric, gas and solar energy.
(k)
Location, size and design of all outdoor lighting facilities
and public address systems.
(l)
Location, size, design and construction materials of all outdoor
signs.
(m)
Landscaping plan and planting schedule, including the treatment
of buffer areas and the location and types of trees to be planted,
including the introduction of chemicals to the site for purposes of
pest control, foliage control or fertilization.
(n)
Estimated project construction schedule with possible phasing
plan for large projects.
(o)
Additional specifications for materials.
(p)
An itemization of the cost of construction of the project with
at least three phases and a cost estimate for each phase.
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.
A.
The site plan, together with the application form, must be presented
to the Code Enforcement Officer at least 30 days prior to a scheduled
Planning Board meeting to be considered at that meeting. The Planning
Board shall give 10 days' written notice by mail to the applicant
of the hearing and shall give public notice of said hearing in a newspaper
of general circulation in the Town at least five days prior to the
date of the hearing. Notice shall also be given to the metropolitan,
regional or county planning agency at least 10 days before the hearing
by mail as required by § 239-m of the General Municipal
Law, which notice shall be accompanied by a full statement of the
matter under consideration as defined in Subdivision 1 of § 239-m
of the General Municipal Law.
B.
The Planning Board shall then hold a public hearing on the date specified
in said notices. Within 62 days after the public hearing, the Planning
Board shall approve, approve with conditions or disapprove the application,
unless a time for making a decision has been mutually agreed to by
the Planning Board and the applicant. Within five days after the written
decision of the Planning Board is made, it shall be filed in the office
of the Town Clerk, and a copy shall be mailed to the applicant.
C.
Site plan approval expiration.
(1)
Site plan approvals granted after this subsection becomes effective.
(a)
Where a site plan approval is granted with conditions, it shall
expire six months from the date of the decision granting conditional
approval unless all conditions therein are satisfied. The applicant
may make a written request to the Planning Board for an extension
of this requirement. This period may be extended by the Planning Board
for up to two ninety-day periods at the discretion of the Planning
Board.
(b)
The applicant shall obtain a site plan permit for any project
with site plan approval within six months from the date of the decision
granting approval, whether approval is conditional or otherwise. If
a site plan permit is not issued within such six-month period, the
site plan approval shall expire. The applicant may make a written
request to the Planning Board for an extension of this requirement.
This period may be extended by the Planning Board for up to two ninety-day
periods at the discretion of the Planning Board.
(c)
Upon expiration of site plan approval, the site plan approval
will become null and void, and the applicant will be required to submit
a new, complete site plan application. In the event that a building
permit, site plan permit, or both were issued in a timely manner and
the site plan approval has not otherwise expired, but then such building
permit or site plan permit expires or is canceled, then the site plan
approval shall expire on that same date of cancellation or upon the
passage of six months from the date of the decision granting approval,
plus any extension period granted by the Planning Board, whichever
is later.
(2)
Site plan approvals granted prior to this Subsection C becoming effective.
(b)
Site plan permit issuance. The applicant shall obtain a site plan permit for any project that had been granted site plan approval prior to this Subsection C becoming effective, whether approval is conditional or otherwise. If a site plan permit is not issued within three years from the date this Subsection C becomes effective, the site plan approval shall expire.
(c)
Expiration. Upon expiration of site plan approval, the site plan approval will become null and void, and the applicant will be required to submit a new, complete site plan application. In the event that a building permit, site plan permit or both were issued in a timely manner and the site plan approval has not otherwise expired, but then such building permit or site plan permit expires or is canceled, then the site plan approval shall expire on that same date of cancellation or upon the passage of three years from the date this Subsection C becomes effective, whichever is later.
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.
A.
Site plan permits required. A site plan permit shall be required
for any work included in a final site plan approved by the Planning
Board. No person shall commence any work for which a site plan permit
is required without first having obtained a site plan permit from
the Code Enforcement Officer.
B.
Applications for site plan permits. Applications for a site plan
permit shall be made in writing on a form provided by or otherwise
acceptable to the Code Enforcement Officer. The application shall
be signed by the owner of the property where the work is to be performed
or by an authorized agent of the owner. The application shall include
such information as the Code Enforcement Officer deems sufficient
to permit a determination by the Code Enforcement Officer that the
intended work complies with the final site plan approved by the Town
Planning Board. The application shall include, but not be limited
to, the following information and documentation:
C.
Issuance of site plan permits. An application for a site plan permit
shall be examined to ascertain whether the proposed work is in compliance
with the final site plan approved by the Town Planning Board. The
Code Enforcement Officer shall issue a site plan permit if the application
has been submitted in compliance with this section, any fee for issuance
of the site plan permit has been paid and the proposed work is in
compliance with the final site plan approved by the Town Planning
Board.
D.
Site plan permits to be displayed. Site plan permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
E.
Work to be performed in accordance with the project description and
timeline. All work shall be performed in accordance with the final
site plan approved by the Town Planning Board and with the site plan
permit. The site plan permit shall contain such a directive. The permit
holder shall immediately notify the Code Enforcement Officer of any
desired change during the course of work. Any desired change to the
final, approved site plan shall require the owner of the subject property:
(1)
To make application to and obtain the approval from the Town Planning
Board for a new or amended site plan; and
(2)
To make application to and obtain a new or amended site plan permit
from the Code Enforcement Officer, incorporating any approval by the
Town Planning Board of such new or amended site plan, prior to the
site plan permit holder making such desired change. The site plan
permit shall contain such a directive. The Code Enforcement Officer
shall be responsible for the overall inspections, including coordination
with the Planning Board and other officials and agencies as appropriate.
F.
Site plan permits shall become invalid unless the authorized work
is commenced within six months following the date of issuance. Site
plan permits shall expire 12 months after the date of issuance. A
site plan permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer.
G.
If the Code Enforcement Officer determines that a site plan permit
was issued in error because of incorrect, inaccurate or incomplete
information, or that the work for which the site plan permit was issued
violates the final site plan approved by the Town Planning Board,
the Code Enforcement Officer shall revoke the site plan permit or
suspend the site plan permit until such time as the permit holder
demonstrates that all work then completed is in compliance with all
provisions and conditions of the final site plan approved by the Town
Planning Board, and all work then proposed to be performed shall be
in compliance with all provisions and conditions of the final site
plan approved by the Town Planning Board.
H.
The fee determined by resolution of the Town Board for the issuance
of a site plan permit must be paid at the time of submission of an
application for a site plan permit, for an amended site plan permit
or for renewal of a site plan permit.
[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.
