A.
Site plan review is to be conducted for the purposes of ensuring
compatibility with the Town of Copake Comprehensive Plan and promoting
harmony and compatibility with the aesthetic context of a proposed
use or development. The Planning Board, in conducting site plan review,
shall accordingly assure compliance and compatibility with the standards
herein to the maximum extent reasonably feasible. In connection therewith,
the Planning Board chairperson or acting chairperson may administer
oaths and compel the attendance of witnesses, as authorized by New
York Town Law § 271.
B.
Prior to the issuance of a building permit for a business, commercial, industrial, or general use, or for any multifamily dwelling, or for any structure greater than 3,500 usable square feet of floor space, including agricultural buildings, the Building Inspector shall require site plan approval pursuant to this section. Some agricultural uses may undergo a modified site plan review and approval pursuant to § 232-21H(4).
C.
Exempted uses. The following land use activities are exempted from
the requirements of this section and shall not require site plan review:
(1)
Ordinary repair or maintenance of existing structures or uses.
(2)
Farm stands.
(3)
Clearing or grading incidental to an existing use or an exempted
use.
(4)
Exterior alterations to a residential structure.
(5)
Interior alterations that do not substantially change the nature
or use of an existing commercial structure.
(6)
Residential and commercial timber logging.
D.
Integration of procedures. Upon request or consent of the applicant,
and in the interest of expediting review and decision-making, whenever
the particular circumstances of proposed development require site
plan review and compliance with other requirements of the Town, including
application for special use permit or variances, the reviewing boards
shall attempt to integrate, as appropriate, site plan review as required
by this section with the procedural and submission requirements for
such other compliance.
E.
Segmentation of site plan. The site plan application and associated
maps shall include all proposed phases of development. Site plan approval
shall be based on the total planned project in order to facilitate
the assessment of all potential development impacts. The Planning
Board may require statements or testimony under oath to ascertain
the full scope of planned development or for other Board purposes,
and shall consider applications incomplete where the Board finds reason
to believe the application applies to only a segment of the total
development. In such situations, the Planning Board shall return such
application to the applicant together with a letter stating the basis
for its determination.
F.
Existing and discontinued uses, structures, and applications.
(1)
Any use or structure lawfully in existence on July 15, 2018, or any
building permit issued by the Town of Copake on or before such date
shall not be subject to additional site plan review under this article,
but only to the extent such use or structure existed or was authorized
by such permit as of such date, and any change in size, configuration,
or intensity of any existing business, commercial, industrial, general,
or multifamily use made or proposed to be made after such date, or
any building permit or special use permit issued therefor after such
date, shall be subject to site plan review as provided under this
article.
(2)
Any use that requires site plan approval and that has been discontinued
for a period of one year or more shall thereafter be subject to a
new review and approval pursuant to this law before the use may be
resumed. Proposed uses and structures which have site plan applications
before the Planning Board, but which have not yet received any site
plan approvals from the Town of Copake, shall be subject to this law.
G.
Site plan process.
(1)
Sketch plan. At the option of the applicant, a sketch plan conference
may be held between the Planning Board and the applicant prior to
the preparation and submission of a formal site plan. The intent of
such a conference is to enable the applicant to inform the Planning
Board of the 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 potential problems and concerns and to
generally determine the information to be required on the site plan.
In order to accomplish these objectives, the applicant should provide
the following:
(a)
A statement and rough sketch showing the locations and dimensions
of principal and accessory structures, parking areas, access, signs
(with descriptions), existing and proposed vegetation and other planned
features; anticipated changes in the existing topography and natural
features; and, where applicable, measures and features to comply with
flood hazard and flood insurance regulations.
(b)
A sketch or map of the area which clearly shows the location
of the site with respect to nearby streets, rights-of-way, properties,
easements and other pertinent features.
(c)
A topographic or contour map of adequate scale and detail to
show site topography.
H.
Application for site plan approval.
(1)
An application for site plan approval shall be made in writing to the Chairman of the Planning Board and shall be accompanied by the information contained on the following checklist, unless a waiver has been granted pursuant to Subsection H(6). Where the sketch plan conference was held, the accompanying information shall be drawn from the following checklist as determined necessary by the Planning Board at said sketch plan conference. The Planning Board may require that any or all of the following be prepared by experts or licensed professionals if the Planning Board determines that, due to the characteristics of the proposal, such preparation is necessary for adequate review.
(2)
Site plan checklist.
(a)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing.
(b)
North arrow, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Location of all natural features, existing watercourses, wetlands,
streams, ponds and lakes, areas subject to flooding, steep slopes.
(e)
Grading and drainage plan showing existing and proposed contours.
(f)
Location, design, type of construction, proposed use and exterior
dimensions of all buildings.
(g)
Location, design and type of construction of all parking and
truck loading areas, showing access and egress.
(h)
Provision for pedestrian access.
(i)
Location of outdoor storage, if any.
(j)
Location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences, including soil erosion and sediment control plan.
(k)
Description of the method of sewage disposal and location, design
and construction materials of such facilities.
(l)
Description of the method of securing public water and location,
design and construction materials of such facilities.
(m)
Location of fire and other emergency zones, including the location
of fire hydrants.
(n)
Location, design and construction materials of all energy distribution
facilities, including electrical, gas and solar energy.
(o)
Location, size and design and type of construction of all proposed
signs.
(p)
Location and proposed development of all landscaping, buffer
areas, including existing vegetative cover.
(r)
Identification of the location and amount of building area proposed
for retail sales or similar commercial activity.
(s)
General landscaping plan and planting schedule.
(t)
An estimated project construction schedule.
(u)
Record of application for and approval status of all necessary
permits from state and county officials.
(v)
Identification of any federal, state or county permits required
for the project's execution.
(w)
Zoning District in which property is located.
(x)
Location, name and dimensions of all easements and right-of-ways.
(y)
Location and identification of historic structures, if any.
(z)
Elevation and facade treatment plans for all structures.
(aa)
Identification if property is in a New York State Agricultural
District and if any active agricultural operation is being conducted
adjacent or within 500 feet of the proposed property. If so, an agricultural
data statement may be required.
(bb)
The environmental assessment form pursuant to SEQRA, Part 617.
(3)
Additional requirements for site plans. If, upon a review of the
materials submitted by the applicant, the Planning Board determines
that a proposed project subject to site plan review, other than a
single-family or two-family residence, could have traffic, visual,
groundwater, or stormwater impacts, the Planning Board may require
the applicant to prepare and submit applicable information, studies,
reports and plans, as follows. Costs for all studies, reports, assessments,
or plans required by the Planning Board shall be borne by the applicant.
(a)
Groundwater impact information:
[1]
Copies of New York State Department of Environmental Conservation
Well Completion Reports for completed well(s) (including the well
log and pump test data);
[2]
Any and all water quality testing results;
[3]
The location(s) of all public water systems and other groundwater
users within 1,500 feet of the proposed development boundaries;
[4]
The proposed means of storage, distribution, use, treatment,
and/or disposal of wastewater, other wastes, chemicals, etc.;
[5]
The proposed means of water supply, including if applicable
an estimate of the total daily groundwater withdrawal rate;
[6]
A list of all petroleum, chemicals, pesticides, fuels and other
hazardous substances/wastes to be used, generated or stored on the
premises;
[7]
A description of the pollution control measures proposed to
prevent ground water or surface water contamination; and
[8]
A statement as to the degree of threat to water quality and
quantity that could result if the control measures failed.
(b)
Traffic report. Traffic reports shall include the following
for the study area:
[1]
Internal traffic flow analysis;
[2]
Existing and projected average daily traffic and peak hour levels;
[3]
Existing and projected intersection levels of service (LOS);
[4]
Directional vehicular flows resulting from the proposed project;
[5]
Proposed methods to mitigate the estimated traffic impact;
[6]
Identification of any pedestrian crossing issues; and
[7]
The methodology and sources used to derive existing data and
estimations.
(c)
Visual impact report. The visual impact assessment shall be
prepared by a registered landscape architect or other qualified professional
and shall include:
[1]
A report that visually illustrates and evaluates the relationship
of proposed new structures or alterations to nearby natural landscapes
and to pre-existing structures in terms of visual character and intensity/scale
of use (e.g., scale, materials, color, door and window size and locations,
setbacks, roof and cornice lines, and other major design elements);
[2]
An analysis of the visual impacts on neighboring properties
from the proposed development and alterations, and of the location
and configuration of proposed structures, parking areas, open space,
and gradient changes; and
[3]
The Planning Board may require use of photo-simulations or balloon
tests as part of the visual impact assessment.
(d)
Stormwater management plan. The contents of the stormwater management
plan shall contain sufficient information for the Planning Board to
evaluate the hydrological and hydrological-dependent characteristics
of the land to be developed, the potential and predicted impacts of
land development on the local hydrology, and the effectiveness and
acceptability of all measures proposed by the applicant for reducing
adverse impacts. The stormwater management and stormwater pollution
prevention plans shall be prepared in compliance with the Stormwater
Design Manual of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) program and with
the requirements of the Environmental Protection Agency's Phase II
National Pollutant Discharge Elimination System (NPDES) regulations.
The Planning Board shall also review the project in relation to the
Town of Copake Comprehensive Plan (Water Study).
(e)
Hydrogeological study. The Planning Board may require a hydrogeological
study for any proposed project that has projected on-site groundwater
withdrawals and/or on-site sewage disposal flows equal to or exceeding
2,000 gallons per day (gpd).
(4)
Modified site plan review for agriculture and agritourism uses. A
modified site plan review may, at the discretion of the Planning Board,
be employed for agricultural and agritourism uses subject to site
plan review, in order to expedite the site plan review process for
such uses. In the event the property changes to a nonagricultural
use, full site plan review shall be required. Modified site plan review
shall include all procedural elements of a full site plan review,
but the submission requirements may be limited to the elements below.
If the Planning Board finds that such modified review is insufficient
to evaluate the project with respect to consistency with the purposes
of this chapter and the Comprehensive Plan, the Planning Board may
require submissions in addition to those set forth below, or a full
site plan review.
(a)
Sketch of the parcel on a location map (e.g., tax map) showing
boundaries and dimensions of the parcel of land involved and identifying
contiguous properties, the owners of such contiguous properties, and
any known easements or rights-of-way and roadways.
(b)
Identification of the existing features of the site including
land and water areas, water, sewer or septic systems, and the approximate
location of all existing structures on or immediately adjacent to
the site.
(c)
Representation of the proposed location and arrangement of buildings
and uses on the site, including means of ingress and egress, parking
and circulation of traffic.
(d)
Indication of the proposed location and arrangement of specific
land uses, such as pasture, crop fields, woodland, livestock containment
areas, or manure storage or composting sites.
(e)
Sketch of any proposed building, structure or sign, including
exterior dimensions and elevations of front, side and rear views,
including copies of any available blueprints, plans or drawings of
same.
(f)
A showing or statement by the applicant that any exterior lighting
installed in connection with the processing facility shall be downward-directed
and installed so that no part of the light bulb or light source is
visible beyond the property boundary.
(g)
A description of the existing and/or proposed farm operation
and a narrative of the intended use and location of proposed buildings,
structures or signs, including any anticipated changes in the existing
topography and natural features of the parcel to accommodate the changes.
This shall include the name and address of the applicant and any professional
advisors. If the applicant is not the owner of the property, provide
authorization of the owner.
(h)
If a structure is proposed to be located within 200 feet of
a stream, pond, lake, or other water body or wetland, the applicant
shall provide a copy of the floodplain map and wetland map that corresponds
with the boundaries of the property.
(i)
Application form and fee, if required.
(5)
Site plan review of telecommunications towers and facilities shall be in accordance with the provisions of Chapter 230 of the Code of the Town of Copake.
(6)
Less intensive review and waiver requirements for site plans. The
Planning Board may find that some requirements of this subdivision
are not requisite in the interest of the public health, safety or
general welfare as applied to a particular project or application
or are inappropriate to a particular site plan. In such cases, the
Planning Board may waive any submission requirements for the approval
of site plans provided such a waiver does not prevent or circumvent
the purposes and intent of any Town of Copake law or regulation or
the Comprehensive Plan. Waivers shall be explicitly requested by the
applicant in writing, and expressly granted only by the Planning Board.
In granting waivers, the Planning Board may incorporate such reasonable
conditions as will in its judgment substantially secure the objectives
of the requirements so waived. The Planning Board must state, in writing,
its grounds for electing to grant a waiver or conduct less intensive
review and file such statement along with the site plan application
and supporting documents. Requirements of this article may not be
waived except upon a concurring vote of a majority of the fully constituted
membership of the Planning Board.
(7)
Referral to other agencies and boards. All site plan applications
shall be subject to the following:
(a)
Coordinated review. The Planning Board may refer, or may be
required by law to refer, the site plan for review and comment to
other local and county agencies or their designated consultants, and/or
to representatives of federal and state agencies having jurisdiction
over the site plan or some part of the proposed project.
(b)
Required referral. For site plan review of any parcel subject
to County Planning Board review pursuant to New York State General
Municipal Law § 239-m, prior to taking the final action
on the site plan, and at least 10 days prior to the public hearing,
if one is held, the Planning Board shall refer the plan, including
a full statement of the proposed action, with notice of the public
hearing, if applicable, to the Columbia County Planning Board for
its review and recommendation.
(c)
Referral to other Town committees. The Planning Board may request
an advisory opinion from any Town-appointed committee including but
not limited to the Town of Copake Conservation Advisory Committee
and Hamlet Revitalization Committee, related to any application being
considered for site plan approval.
I.
Planning Board action on site plan.
(1)
Acceptance of site plan application. The Planning Board shall, upon
a determination by the Board that an application is complete, commence
the review process. If, after 45 days have elapsed subsequent to the
filing of the site plan application, the Planning Board determines
that the application remains incomplete, the Planning Board may reject
the application as incomplete and return the application to the applicant,
without prejudice, with a letter identifying and describing the application
deficiencies.
(2)
Public hearing. The Planning Board may conduct a public hearing on
the site plan. If held, such hearing shall be held within 62 days
of the Planning Board's acceptance of the site plan application as
complete.
(a)
Public notice of such hearing shall be given in the Town's official
newspaper at least five days prior to the date of the hearing.
(b)
The Planning Board shall mail notice of the hearing to the applicant
at least 10 days before the public hearing.
(c)
The Planning Board shall, at the applicant's expense, send or
cause to be sent notice of the public hearing to abutting property
owners and those agricultural operators identified on the agriculture
data statement, by certified mail, return receipt to the Town of Copake
Planning Board, at least seven days prior to the public hearing. The
names and addresses of the property owners to be notified in accordance
with the foregoing shall be taken from the last completed tax roll
of the Town.
(d)
When required by, and in accordance with, § 274-a
of the NYS Town Law and § 239-m of the NYS General Municipal
Law, the Planning Board shall also provide notice of the public hearing,
accompanied by a full statement of the proposed action, to the Columbia
County Planning Board by mailing such notice to the County Planning
Board at least 10 days before such hearing.
(e)
The public hearing shall not be closed until after either a
negative declaration has been issued, or a draft environmental impact
study (DEIS) has been accepted, pursuant to SEQRA.
J.
Review of site plan. Approval of a site plan shall be contingent
upon a determination by the Planning Board that the site plan adequately
protects the health and safety of the community and does not create
any undue hazard, and, to the extent reasonably feasible, protects
adjacent land uses and the environment, is compatible with neighborhood
character and is consistent with the Comprehensive Plan. The Planning
Board's review of the site plan shall include, as appropriate, but
is not limited to, the following general considerations and, specifically,
conformity with applicable specifications, regulations, and guidelines
within this chapter related thereto:
(1)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
(2)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(4)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience and are properly designed and operated
for public convenience, universal accessibility, public safety, and
for consistency with rural road standards and desired aesthetic character.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, 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.
(8)
Adequacy of fire lanes and other emergency zones and the provisions
of fire hydrants.
(9)
Special attention to the adequacy and impact of structures, roadways
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
(10)
Compatibility of the site plan with the goals, policies and
standards set forth in the Town of Copake Comprehensive Plan.
(11)
Preservation, to the extent feasible, of significant natural,
cultural, and historical features on the site (i.e., hills, water
bodies, wetlands, vernal pools, stream buffers and streamside vegetated
buffers, trees, tree groves, wooded areas, rock outcrops, native plants,
wildlife habitats, scenic locations, historical locations, and other
areas of aesthetic and ecological interest).
(12)
Pollution of air, streams, wetlands, ponds, lakes, soils and
groundwater supplies is avoided to the maximum extent practicable
or mitigated.
(13)
Compatibility of the development with its surroundings and in accordance with § 232-1 of this zoning law.
(14)
Glare and light pollution that may be associated with new development.
(15)
Compatibility with active agricultural activities. The Town
of Copake Conservation Advisory Committee or Town of Copake Agricultural
Advisory Committee, as they exist, or other local agricultural support
agencies such as the Columbia County Soil and Water Conservation District,
may be consulted regarding significance, location and type of agricultural
activities that may be impacted by the proposed development.
(16)
Adequacy of control measures to prevent groundwater or surface
water contamination.
(17)
The proposed use will not result in reductions in groundwater
levels or changes in groundwater quality that limit the ability of
a groundwater user to withdraw groundwater.
(18)
General commercial design standards for Town of Copake. See
also design standards required within the Scenic Corridor Overlay
Zone. While it is not the intent of the Town to overly regulate the
appearance of the Town, it is beneficial that growth and new construction,
as well as renovation, should be consistent with the sense of neighborhood
which currently exists. Thus, new development should be similar in
context and compatible with existing development. These guidelines
are intended to be general in nature and not to restrict creativity,
variety or innovation. During project development and review, attention
should be given to the compatibility of adjoining developments when
reviewing project proposals. The following design guidelines are for
commercial development only:
(a)
Context and compatibility. New development should be similar
in context and compatible with existing development. Context and compatibility
with respected neighborhood buildings can be judged by the following
major points of comparison:
[1]
Roof shapes, slopes and cornices are consistent with the prevalent
types in the area;
[2]
Rhythm of building spacing along the street and overall scale
are not interrupted;
[3]
Proportions for facades and window openings are in harmony with
the traditional types within the district;
[4]
Materials, textures, and colors are similar, with natural and
traditional building materials preferred;
[5]
Site details (porches, entrances, signs, landscaping, lighting,
screened parking and mechanical systems) complement traditional examples
in the area; and
[6]
Design standards for agricultural businesses and other nonresidential
uses in the RU Zoning District are established to ensure that the
character of the buildings used protects the rural character of the
area. These should emphasize farm-like buildings, including gambrel
roofs, wood siding, and a traditional appearance.
(b)
Building placement.
[1]
Buildings shall be designed so that entrance doors and windows,
rather than blank walls, garages, side walls or storage areas, face
the street. Blank walls for commercial applications are discouraged
but may be allowed at the discretion of the Planning Board under certain
circumstances such as when the structure is along an alley or when
facing another blank wall; and
[2]
The front facade of the building shall be parallel to the main
street unless traditional orientation of buildings on that street
differs for the majority of buildings.
(c)
Building scale. The scale and mass of buildings shall be reviewed
by the Planning Board during site plan review and determined to be
compatible with that of adjacent and nearby buildings as viewed from
the all exposed (public) vantage points.
(e)
Roof types and materials. All roofs shall be pitched with a
minimum pitch of five-inch vertical rise for each twelve-inch horizontal
run and have a roof overhang of traditional proportions on all structures.
Muted colors are encouraged but not required.
K.
Decision. Within 62 days of the close of the public hearing, the
Planning Board shall render a decision on the site plan. The Planning
Board's action shall be in the form of a written statement stating
whether the site plan is approved, disapproved or approved with modifications.
The Planning Board's statement may include modifications to be incorporated
in the final site plan. Conformance with such modifications shall
be considered a condition of approval. If the site plan is disapproved,
the Planning Board's statement will contain the reasons for such decision.
In such a case, the Planning Board may recommend further study of
the site plan and resubmission to the Planning Board after it has
been revised or redesigned. When a site plan review is subject to
County Planning Board review pursuant to § 239-m of the
NYS General Municipal Law, the Planning Board shall not render a decision
or take final action except in compliance with the time periods and
voting requirements set forth therein.
(1)
Approval. Upon approval of the site plan and payment by the applicant
of all fees and reimbursable costs due to the Town, the Planning Board
shall endorse its approval on a copy of the site plan and shall, within
five business days of its decision, file the site plan and a written
statement of approval with the Town Clerk. A copy of the written statement
of approval shall be mailed to the applicant.
(2)
Approval with modifications. The Planning Board may approve the site
plan and require that specific modifications be made or conditions
be imposed. A copy of a written statement of approval containing the
modifications required by the Planning Board shall be mailed to the
applicant. The applicant shall submit a modified final site plan in
reproducible form. Upon approval of the submitted modified site plan
and after payment by the applicant of all applicable fees and reimbursable
costs due the Town, the Planning Board shall endorse its approval
on a copy of the final site plan and shall, within five business days
of its final approval, file the site plan and a written statement
of approval with the Town Clerk. A copy of the final approval shall
be mailed to the applicant.
(3)
Disapproval. Upon disapproval of the site plan, the Planning Board
shall make a written statement of the decision and reason for disapproval
and shall, within five business days of its decision, file the statement
with the Town Clerk and mail a copy thereof to the applicant.
(4)
When a site plan has been subject to County Planning Board review,
the Planning Board shall, within 30 days of taking final action, file
a report of the decision or action with the County Planning Board,
in accordance with § 239-m of the NYS General Municipal
Law.
L.
Performance guaranty. No certificate of occupancy shall be issued
until all improvements shown on the site plan are installed or a sufficient
performance guaranty has been posted for improvements not yet completed.
The sufficiency of such performance guaranty shall be determined by
the Zoning Enforcement Officer after consultations with the Town Board,
Town Engineer, Planning Board, Building Inspector, Town Attorney and
other appropriate parties.
M.
Inspection of improvements. The Zoning Enforcement Officer shall
be responsible for the overall inspection of site improvements for
compliance with the approved site plan, including coordination with
the Planning Board and other officials and agencies, as appropriate.
N.
Once a site plan is reviewed, approved, stamped and dated by the
Copake Planning Board, the conditions for approval shall be valid
for three years. If no construction has begun after three years, the
site plan must be resubmitted to the Planning Board for review and
reapproval. The Planning Board may, upon written request of the applicant
submitted at least 60 days prior to such expiration, extend this period
one time for a period of no more than six months.
O.
Any amendment, modification, or revision to an approved site plan
sought by an applicant shall be subject to all statutory requirements
applicable to a new application and to all procedural requirements
as set out in this chapter applicable to a new application. The reviewing
board may, however, at its discretion, take account of materials and
information previously submitted with the original application and
modify the submission requirements for the requested amendment, modification,
or revision accordingly.
