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.
A.
Before the Planning Board may approve a site plan containing residential
units, such site plan shall also show, when required, a park or parks
suitably located for playground or other recreational purposes.
B.
Land for park, playground, or other recreational purposes may not
be required until the Planning Board has made a finding that a proper
case exists for requiring that a park or parks be suitably located
for playgrounds or other recreational purposes within the Town. Such
findings shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the Town based
on projected population growth to which the particular site plan will
contribute.
C.
In the event the Planning Board makes a finding pursuant to § 199-46B but a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board shall require a sum of money in lieu thereof to be established by the Town Board. In making such determination, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether or not there is a need for additional facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including acquisition of property.
As an alternative to the installation of required infrastructure
and improvements, prior to approval by the Planning Board, a performance
bond or other security sufficient to cover the cost of the same, as
estimated by the Planning Board or a Town department or official designated
to make such estimate, where such department estimate is deemed acceptable
by the Planning Board, shall be furnished to the Town by the owner.
Such security shall be provided to the Town pursuant to the provisions
contained in § 277, Subdivision 9, of the New York State
Town Law.
A.
The applicant
shall have a site development plan map prepared by a civil engineer,
surveyor, land planner, or architect. Site development plan elements
shall include those listed below, which are appropriate to the proposed
development or use, as indicated by the Planning Board in the presubmission
conference:
(1)
Legal data.
(a)
Lot, block and section number of the property taken from the
latest tax records.
(b)
The name and address of the owner of record.
(c)
The name and address of the person, firm or organization preparing
the map.
(d)
The date, North point and written and graphic scale.
(e)
An area map taken from, and at the same scale as, the Town of Mamakating Zoning Map. Existing zoning district boundaries within 500 feet of the property shall be shown on the area map.
(f)
A certified survey in a scale of one inch equals 50 feet or
larger or information to define precisely the boundaries of the property.
All distances shall be in feet and tenths of a foot. All angles shall
be given to the nearest 10 seconds or closer. The error of closure
shall not exceed one in 10,000.
(g)
The locations, names and existing widths of adjacent streets
and curblines.
(h)
The locations and owners of all adjoining lands, as shown on
the latest tax records, including section, block and lot number.
(i)
The applicant's entire holdings. The applicant and/or the
owner of record shall show his entire contiguous holdings on said
map.
(j)
The location, width and purpose of all existing and proposed
easements, setbacks, reservations and areas dedicated to public use
within or adjoining the property.
(k)
A complete schedule of existing deed restrictions of record
or covenants applying to the property.
(l)
A blank square of 3.5 inches, in the lower right-hand corner,
situated above the title block, to be used for the Planning Board
Chair's signature.
(2)
Natural features.
(a)
Existing contours with intervals of two feet or less, referred
to a datum satisfactory to the Board, in the area of the site which
is satisfactory to the Planning Board.
(b)
Approximate boundaries of any areas subject to flooding or stormwater
overflows.
(c)
Location of existing watercourses, marshes, wooded areas, rock
outcrops, isolated trees with a diameter of eight inches or more measured
three feet above the base of the trunk, and other significant existing
features. Freshwater wetlands under the jurisdiction of the Army Corps
of Engineers and/or the New York State Department of Environmental
Conservation shall be delineated.
(3)
Existing structures and utilities.
(a)
Location of uses and outlines of structures, drawn to scale,
on the subject premises and adjacent properties within 100 feet of
the subject property's lot lines.
(b)
Paved areas, sidewalks and vehicular access between the site
and public streets.
(c)
Locations, dimensions, grades and flow direction of existing
sewers, culverts and waterlines, as well as other underground and
aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences, landscaping and
screening.
(4)
Proposed development.
(a)
The location of proposed buildings or structural improvements.
(b)
All pertinent zoning setback and yard dimension lines.
(c)
Copies of single-line building floor plans and elevations.
(d)
The location and design of all uses not requiring structures,
such as off-street parking and loading areas, fencing, benches, recreation
facilities, and garbage dumpster locations.
(e)
The computation for the required number of parking spaces in accordance with the regulations contained in Article VII.
(f)
The location, direction, power, design, and time of use for
any proposed outdoor lighting or public address systems. Isolux curves
may be required.
(g)
The location and plans for any outdoor signs.
(h)
The location and arrangement of proposed means of access and
egress, including sidewalks, driveways, or other paved areas, and
profiles indicating grading and cross sections showing the width of
roadway, location and width of sidewalks and location and size of
water and sewer lines.
(i)
An outline of any proposed deed restrictions or covenants.
(j)
Any contemplated public improvements on or adjoining the property.
(k)
If the site development plan only indicates a first stage, a
supplementary plan shall indicate ultimate development.
(l)
A list of all required federal, state and county permits.
(m)
A bulk table, identifying noncomplying items or those needing
a variance.
(n)
Buildings depicted on a site plan shall be located to take advantage
of solar access, including orientation of proposed buildings with
respect to sun angles and the potential shading by existing and proposed
vegetation on and off site, and to not detrimentally impact solar
access of adjoining uses and property.
(5)
Proposed grading, drainage and utility plan.
(a)
Existing and proposed contours at a maximum two-foot vertical
interval extended 100 feet beyond the property boundaries.
(b)
Location and types, sizes and slopes, where pertinent, of existing
and proposed waterlines, water wells, valves and hydrants, storm and
sanitary sewer lines, individual sewage disposal systems, electric
lines, telephone lines, gas and other utility lines, and utility poles.
Typical cover should be indicated over all proposed underground utility
lines.
(c)
Existing and proposed stormwater drainage and underdrain systems,
including location, size and slopes of all pipes and swales, including
invert and top elevations at each manhole, inlet, headwall or other
appurtenant drainage structure; base width, side slope, inverts, and
lining of each swale (riprap, asphalt, concrete, grass, etc.); and
inverts of underdrain systems at bends and outlets. Roof drains and
footing drain runoff shall be directed to an existing storm drainage
system in the street, if possible, and not directed to adjacent properties.
Underground detention of percolation systems may be required.
(6)
Soil erosion and sediment control plan.
(7)
Landscaping plan.
(8)
Stormwater management plan. The Planning Board may require the applicant
to submit a stormwater management plan to mitigate the potential effects
in the increase of stormwater runoff as well as to mitigate potential
water quality impacts. The Planning Board may require an applicant
to install appropriate water quality protection devices.
(9)
Any other information deemed by the Planning Board necessary to determine
conformity of the site plan with the intent and regulations of this
chapter.
B.
Waivers. The Planning Board may waive any of the site plan element
requirements based on a finding that the required information is not
necessary in the rendering of a decision on a site development plan
application.
All site plans that are submitted to the Planning Board which
have been revised shall have the revision number noted in a triangle
along with a brief summary of the elements revised and the dates of
the revision.
