Prior to the development of individual parcels for commercial
activities, including but not limited to multifamily residential and
manufactured housing parks, a site plan for the land activity or development
must be reviewed and approved. The purpose of these regulations is
to enable the Town to control the placement of buildings and accessory
structures and ancillary improvements so that they do not impact neighboring
land uses or negatively impact the surrounding community. The implementation
of these requirements furthers the public health, safety and general
welfare of the community by allowing the reviewing body to restrict
the number, size and location of vehicular access points along all
roads; require buffering of incompatible land uses; require adequate
aesthetic enhancements in the form of soft and hard landscaping features;
require buildings to have architectural features which are consistent
with human scale and/or require architectural styles that are consistent
or reflective of the surrounding community; and require the provision
of open space in multifamily residential or manufactured housing parks
for recreational opportunities or permit the Town to accept monies
in lieu of providing such open space for the creation of recreational
opportunities elsewhere in the community.
The following activities do not require site plan approval:
A. The construction of one- or two-family dwellings and their customary
accessory structures on individual lots.
B. Exterior alterations or additions to existing commercial structures
which are 25% of the gross building area or 1,000 square feet, whichever
is less. Such exemption will be limited to a cumulative maximum building
area of 1,000 square feet. All subsequent additions must obtain site
plan approval.
[Amended 6-9-2011 by L.L.
No. 2-2011]
C. The establishment of an accessory road side stand within the AR-Agricultural-Residential
district.
The Planning Board shall receive and review all site plans required
by this article and shall approve, approve with modifications or deny
such site plans in compliance with the provisions of this article.
Prior to a building permit being issued or construction commencing
for an activity which requires site plan approval, the Code Enforcement
Officer will require an application for site plan approval to be filed
with his/her office. Actions deemed by the Code Enforcement Officer
or his/her designee to be a major activity may allow an independent
review by an urban planner hired by the Town of Sardinia Such independent
review will be for the purpose of providing assistance to the Planning
Board and offering recommendations on the site plan.
A. All minor and major actions shall require a sketch plan conference
to be held with the Planning Board and the applicant prior to the
preparation and submission of a formal site plan. The intent of the
conference is to enable the applicant to inform the Planning Board
of his/her proposal prior to the preparation of a detailed site plan;
and for the Planning Board to review basic site concept, advise the
applicant of 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 shall provide the following with his/her
written request for a sketch plan conference:
(1) A project statement indicating the proposed use and or changes (if
an addition to an existing facility).
(2) A rough sketch (to scale), showing the locations and dimensions of
principal and accessory structures, parking areas, vehicular ingress
and egress points, proposed signage, existing and proposed vegetation,
any other proposed exterior site features, anticipated changes in
topography and natural site features, including floodplains, floodways
and/or regulated wetlands or water bodies.
(3) A general location map which places the site in context with the
surrounding streets, right-of-ways, easements and other pertinent
features.
(4) A boundary survey prepared by a New York State licensed land surveyor
reflective of current conditions.
B. Following the sketch plan conference with the Planning Board, a site
plan approval request form and filing fee shall be submitted to the
Code Enforcement Officer or his/her designee along with 10 copies
of a site plan, or as specified by the Planning Board, showing all
of the information required of the Planning Board as discussed with
the applicant during the sketch plan conference, and as indicated
by the Planning Board on the Town's site plan checklist.
C. In addition to the information indicated on the Town site plan checklist,
the Planning Board may also request that the applicant prepare studies
to demonstrate that potential impacts, including, but not limited
to, traffic, storm drainage, noise, air pollution or water quality,
will be mitigated and/or or avoided as required pursuant to the provisions
of the State Environmental Quality Review Act (SEQRA).
D. In addition to the filing feet for a site plan approval request,
the Town shall be reimbursed for any costs incurred by the Planning
Board for required professional assistance or other extraordinary
expense in connection with the review of a proposed site plan. Such
reimbursable costs will be a charge associated with the site plan
review in addition to the aforesaid site plan filing fee.
The Planning Board's review of the site plan shall include,
as appropriate, the following general considerations:
A. Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
B. Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
C. Location, arrangement, appearance and sufficiency of off-street parking,
loading and drive-through lane stacking.
D. Adequacy and arrangement of pedestrian traffic access and circulation,
pedestrian walks and walkway structures, control of intersections
with vehicular traffic and overall pedestrian mobility and convenience.
E. Adequacy of stormwater and drainage facilities.
F. Adequacy of water supply and sewage disposal facilities.
G. Adequacy, type and arrangement of trees, shrubs, and other landscaping
constituting a visual and/or noise buffer between adjoining lands,
including the maximum retention of existing vegetation.
H. Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
I. Special attention to the adequacy and impact of structures, roadways,
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
J. Overall impact on the neighborhood, including compatibility of design
considerations.
K. The provision of open space within multifamily and manufactured home
parks for the recreational needs of the residents of such developments.
The Town may require the provision of open up to a maximum of
30% of a development site within proposed multifamily developments
and within proposed manufactured home parks to provide for the recreation
needs of the residents of such developments. The Town may also accept,
in lieu of such open space, monies to provide recreational opportunities
elsewhere in the community.
[Amended 6-9-2011 by L.L.
No. 2-2011]
A. Within 62 days of receipt of a formal application for site plan approval (subsequent to sketch plan conference as specified in §
115-79A), the Planning Board shall schedule a public meeting with the applicant. Such public meeting shall not be scheduled unless the application submittal is deemed complete by the Planning Board.
B. Within 62 days following the scheduled public meeting, the Planning
Board shall render a decision. In its decision, the Planning Board
shall approve the site plan, approve with modifications or deny the
site plan. Any decision rendered shall be in writing and based on
evidence of the proceedings and based on information contained within
the site plan submittal. The decision of the Planning Board shall
be filed in the office of the Town Clerk within five business days
of the decision being rendered, and a copy shall be mailed to the
applicant.
C. The time period in which the Planning Board must render a decision
can be extended by mutual consent of the applicant and the Planning
Board, providing the applicant makes a written request to extend the
time frame to the Planning Board prior to the expiration of 62 days.
When site plan submittals are made simultaneously with requests for special use permits, the time frames for rendering a decision by the Town Board pursuant to §
115-87 shall take precedence. All time frames as mandated pursuant to the State Environmental Quality Review Act (SEQRA) shall be observed in addition to the time frames allowed for this section.
Failure of an applicant to obtain site plan approval prior to commencing an activity shall be considered a violation punishable by the provisions of §
115-94 of this chapter.