A.
Approval required.
(1)
Except for single-family and two-family residences, agricultural operations, and accessory uses appurtenant to the foregoing, approval of a site plan by the Planning Board is required for:
(a)
The development or redevelopment of any property or structure for a new use that proposes a building, structure or disturbed area in excess of 1,500 square feet of cumulative gross floor area or a structure that will be used for two or more stores or offices.
(b)
The development or redevelopment of any property requiring the issuance of a special use permit.
(c)
The expansion or relocation of any existing use resulting in a building, structure or disturbed area in excess of 1,500 square feet of cumulative gross floor area.
(d)
The paving of nonresidential parking areas and associated driveways for purposes of reviewing stormwater facilities and to ensure adequate landscaping and screening.
(2)
The creation or enlargement of a sludge lagoon or similar waste-holding facility related to any agricultural operation, agribusiness or similar use shall not be exempt from these regulations and shall require site plan approval by the Planning Board.
(3)
Accessory structures or uses which exceed the gross floor area of the principal structure shall not be exempt from these regulations and shall require site plan approval.
(4)
The development of a property with a structure or building that involves 1,500 square feet or less of gross floor area or disturbed area shall be reviewed by the Building Inspector and shall meet the requirements of this chapter. A building permit and certificate of occupancy shall be obtained for said development. For purposes of this section, "disturbed area" shall mean any area which is proposed to be graded, filled, or cleared, other than associated with landscaping activities.
(5)
No lot or parcel of land shall be used except in conformity with an approved site development plan, when required. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the plans approved by the Planning Board. In considering and acting upon site development plans, the Planning Board may prescribe appropriate conditions and safeguards in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
(a)
Traffic access. That all proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(b)
Circulation and parking. That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(c)
Landscaping and screening. That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over eight inches in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible.
(d)
Stormwater management. It shall be the policy of the Town of Mamakating to ensure that any increase in the rate of stormwater runoff is mitigated using Town and New York State Department of Environmental Conservation best management practices. Furthermore, it is also the policy of the Town of Mamakating to ensure that any proposed development shall not have an adverse impact on the quality of the Town's water resources, including its ponds, lakes, streams, wetlands, and similar features, from pesticides, herbicides, road pollutants, and chemicals used in association with light industrial, motor-vehicle-related or other uses. As a condition of any site plan approval, the Planning Board may require that appropriate water quality protection devices be incorporated into the site plan.
(e)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 160 (Stormwater Control) shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 160 (Stormwater Control). The approved site plan shall be consistent with the provisions of Chapter 160 (Stormwater Control).
B.
Effect of site development plan approval.
(1)
No building permit shall be issued for any use or structure covered by this section until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and filed with the Building Inspector.
(2)
No certificate of occupancy will be issued for any structure or use of land covered by this section unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan.
C.
Procedure.
(1)
Presubmission conference. Prior to the submission of a site development plan, the applicant and/or an authorized representative shall meet in person with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements listed in § 199-48 of this article shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter.
(2)
Within six months following the presubmission conference, the site development plan and any related information shall be submitted to the Building Inspector, at least 15 days prior to the Planning Board meeting at which approval is requested. If not submitted within this six-month period, another presubmission conference shall be required. A sufficient number of copies shall be submitted to the Building Inspector and each member of the Planning Board.
(3)
The Building Inspector shall certify on each site development plan or amendment thereto whether or not the plan meets the requirements of all Zoning Ordinance provisions other than those of this section regarding site development plan approval.
(4)
The Building Inspector shall retain one copy and transmit the balance of the certified site development plan to the Secretary of the Planning Board at least seven days prior to the Planning Board meeting at which approval is requested.
D.
County referral. Before taking final action on a site plan, the Planning Board shall refer any application involving real property described in Subdivision 3(b) of § 239-m of the General Municipal Law to the Sullivan County Planning Department for its review.
E.
Public hearing, notice and decision. Depending upon the complexity of a project and any potential controversy or public concern which may arise from the development, or as a basis for gathering additional public information, the Planning Board may require that a public hearing be held on an application prior to site development plan approval. In the event a public hearing is held, said hearing shall by conducted within 62 days from the day a complete application is received by the Planning Board. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before said hearing and shall give public notice of said hearing in the official newspaper of the Town of Mamakating and to all those deemed appropriate by the Planning Board at least five days prior to the date thereof. The Planning Board shall make a decision on the application within 62 days after such hearing, or after the day the application is received by the Planning Board if no hearing has been held. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board.
F.
Filing of decision. The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this chapter.
G.
Signing and filing. Upon submission of a final site development plan with any modifications required by the Planning Board in its final approval, and upon satisfaction of any conditions imposed by such approval, the Chair of the Planning Board shall sign the approved site plan and file it with the Town Clerk. One copy shall also be filed with the Building Inspector, who may thereafter issue a building permit or certificate of occupancy in reliance thereon.
H.
Expiration of approval. Site development plan approval shall expire 18 months from the date of approval, unless an extension is granted by the Planning Board at the request of the applicant prior to the expiration of 18 months.
I.
Field changes. During construction, the Building Inspector may authorize or require, at the Inspector's determination or upon request of the applicant, minor adjustments to the approved site plan when such amendments are necessary due to unforeseen site conditions first discovered during actual construction. Minor adjustments shall be consistent with the spirit and intent of the approved site development plan. Approval of such adjustment with the reasons therefor shall be submitted in writing to the Planning Board and a copy of said reasons filed with the site plan.
J.
Site plan amendments. Amendments to a site development plan shall be acted upon in the same manner as the approval of the original plan.
K.
Conditions of site plan approval. The Planning Board shall have the authority to impose reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. The Planning Board may require that site development plan approval be periodically reviewed. Upon approval of the site development plan, any such conditions must be met in connection with the issuance of permits by the applicable enforcement agents or officers of the Town.
L.
Site maintenance. It shall be the duty of every property owner to maintain property in conformity with the approved site development plan. Failure to do so shall constitute a violation of this chapter.
M.
(Reserved)
N.
Fees. Application for a site plan shall be accompanied by fees to be established by a fee schedule adopted by the Town Board of the Town of Mamakating.
O.
Prior to the start of construction and as a condition to final site plan approval, the applicant shall deposit with the Town Clerk funds to be utilized for reimbursing the Town for the cost of the Town's professional consultant's observations, including engineering inspections. The funds deposited with the Town Clerk shall be 5% of the performance security for all such construction. In the event no performance security is required to be filed with the Town, then the amount shall be 5% of the cost of all such improvements to be inspected, as estimated by the Town Engineer and/or consulting engineer for the Town.