The purpose of site plan approval is to design the use of a
site in such a manner so as to minimize, to the greatest extent practical,
any potential conflicts with the adjoining sites, ensure compliance
with all federal, state and county regulations and to protect the
character of the neighborhood.
The power to approve, or approve with conditions, or disapprove
site plans as required by this article is vested in the Planning Board.
Prior to issuing a building permit for the construction, expansion,
conversion, or change in the occupancy or use of any apartment house,
multiple-dwelling unit, commercial, industrial or manufacturing building
or their accessory buildings or structures and before any permit for
erection of a permanent building in a planned unit development shall
be granted or before any subdivision plat or any part thereof may
be filed in the office of the Monroe County Clerk, the authorized
official shall refer the site plan and supporting documentation of
such project to the Planning Board. All site plan information and
dwelling designs shall be prepared by a licensed architect or engineer.
"Expansion," as used above, shall refer to expansion of or addition
to any existing building or structure, excepting expansions or additions
less than 200 square feet in area, or less than 5% of the existing
building area, whichever is less, if said expansions or additions
do not materially affect other required site improvements or other
aspects of the project requiring Planning Board approval. All plans
shall show the seal and signature of said architect or engineer. In
addition, the architect or engineer shall submit to the Town a signed
affidavit that the plans for the project were prepared by said architect
or engineer, his employees or by an agency of the federal, state or
local government. No building permit shall be issued except in accordance
with the standards and procedures set forth in this article.
A.
Preliminary application. Application for preliminary site plan approval shall be made in writing to the Building Department which shall be consistent with the administrative procedures outlined in Article XI. All applications shall be accompanied by the following information, except where specific exceptions have been granted by the Planning Board:
(1)
A brief written summary of the project describing the general intent,
scope and location of development, nature of business, anticipated
impact on the surrounding areas (i.e., traffic, lighting, air and
water quality, economic considerations, drainage and flood control,
utilities and taxes, etc.) and location of all existing uses on the
property that will remain or change. This summary should also contain
any zoning variances or special permit uses required, approximate
cost of the proposal, rental structure, the time frame for implementation
and any staging of the proposed development, and, further, the applicant
shall provide a full disclosure statement concerning the project.
(2)
A separate report that shall include all of the following information:
(a)
Compatibility of project.
[1]
Relationship of the proposed project to existing planning documents
(Town Comprehensive Plan, open space index, County Comprehensive Plan,
wetlands inventory, woodlot inventory, etc.).
[2]
Environmental impact statement describing the total result of
executing the proposed project.
[3]
Location of buffers required either during or after construction
is completed and the reason for the buffer.
(b)
Proposed use, size, height, type of construction and approximate
costs of all buildings and estimates of population and dwelling units
by type shall be provided for each layout or stage and an equivalent
population estimate for areas not proposed for residential development.
(c)
Drainage.
[1]
A separate report detailing the proposed stormwater drainage
system and the basis of design. Also included should be the intended
method of stormwater disposal and flood hazard protection and how
all runoff will be handled during grading and development operations
and erosion and sedimentation measures.
[2]
Preliminary calculations for flows and pipe and channel sizing
shall be given, as well as preliminary design of any storm detection
and retention facilities. Included shall be preliminary estimates
of total ultimate future upstream flows entering the site, potential
impacts on the site and preliminary analysis of the impacts of the
additional flows generated by the subject plan on the downstream area
to the point of confluence with a major watercourse.
(d)
Water supply and sewage disposal.
[1]
A statement as to proposed source of water supply and method
of sewage disposal, to include a statement as to who will own the
water and sewer systems, a conceptual layout of each system, whether
necessary districts are formed or are in process, the receiving sewage
treatment plant, the lines, dimensions and purpose of all utility
easements, including properly placed fire hydrants and preliminary
design of bridges and culverts. (Note: sanitary sewer and water service
must be in public ownership. Also, where water mains are not looped,
blowoff valves should be provided.)
[2]
Percolation tests shall be administered by the Monroe County
Health Department if the proposed project is not sewered by a sanitary
sewer system.
(e)
Soil stability.
[1]
A report of the soil areas and their classifications, with particular
emphasis on those areas with moderate to high susceptibility to erosion.
For areas of potential erosion problems, and description of existing
vegetation must be outlined.
[2]
Test pit(s), auger hole(s) and boring(s) will be required to
designate soil type and characteristics, water table and rock within
the depth of proposed excavation.
(f)
Circulation and access. A statement on any existing or future
problems regarding vehicular and pedestrian access, circulation, parking
and loading. An estimate of peak-hour traffic of all entry and exit
points shall be given. The approximate volume and relative capacity
of the street(s) serving the site shall be included. A description
of facilities for parking, truck loading and unloading, pedestrian
movement, bus routing and stops, emergency vehicles and road maintenance
vehicles.
(g)
Special permits. Special permits or requests for a variance
from the federal, state, county or Town government. This would include,
but is not limited to, permits for water pollutant discharges, air
pollutant discharges, wetland disruption, solid waste disposal and
highway access.
(h)
Landscape architect and a licensed professional engineer. Name
or names of the landscape architect and/or licensed professional engineer
and licensed land surveyor responsible for the preparation of the
layout and information.
(i)
Community facilities.
[1]
Delineation of the various residential areas, if applicable,
indicating for each such area its general extent, size and composition
in terms of total number of dwelling unit types, general description
of the intended market structure and a calculation of the residential
density in dwelling units per gross acre for each such area.
[2]
When applicable, a general description of the provision of other
community facilities, such as schools, fire protection services and
cultural facilities, if any, and an indication of how these needs
are proposed to be accommodated.
(3)
Sufficient drawings shall be provided to illustrate the information
requested below and shall be drawn on one or more sheets of acceptable
material not more than 34 inches by 44 inches in size and shall be
clearly titled and drawn at a standard scale of 50 feet to one inch.
If more than one sheet is required to show an entire site, an index
map shall be provided.
(a)
General.
[1]
Title of the preliminary layout, including names and address
of the developer(s).
[2]
North point, scale, date and general location map; and names
of owners of adjacent land or names of adjacent subdivisions. The
North point should be in the upper right hand corner of each sheet
and the direction of north should be either to the top of each page
or to the right-hand side of each page.
[3]
Boundaries of the project, plotted to scale. If the developer
intends to develop the project in stages, the entire project shall
nevertheless be included in the layout with anticipated stages and
timing indicated.
[4]
Topographic survey, showing ground contours for the proposed
project and parcels adjacent to and within 200 feet of the project
at intervals of not more than five feet of elevation, except if the
proposed project is not served by a public sanitary sewer system,
in which case the survey shall be provided at not more than two feet
of elevation.
[5]
Topographic and planimetric features within the site and the
adjoining tract, including existing buildings, historic buildings
or sites, watercourses and their 100-year-flood limits, water bodies
and their finish or design water levels, swamps, wooded areas and
individual large trees. Any such features to be retained in the project
should be so indicated.
[6]
The approximate lines of proposed buildings, structures and
lots, the acreage or square footage contained in each lot and individual
lot numbering. If a proposed lot contains one or more existing buildings,
the proposed yard dimensions for such buildings shall be indicated.
[7]
The location of any municipal boundary lines, existing or proposed,
special service district lines and/or zoning district lines within
the project.
(b)
Location map. Boundaries of the project in relation to adjoining
streets; the applicant's entire holding; adjacent buildings within
500 feet of the applicant's property; schematically, the locations
of the nearest elementary school; water and sewer lines; parks and
playgrounds within 1/2 mile of the proposed development; and other
public facilities, such as shopping, churches and public transportation
routes, as appropriate, and land uses adjacent to the proposal.
(c)
(e)
Water lines and sanitary sewers.
[1]
Existing waterlines and sanitary sewers nearby and within the
project with their location, size, type and approximate elevations
and gradients using mean sea level as the datum plane. Also shown
should be existing easements for such facilities.
[2]
Proposed water supply system and method of sewage disposal.
(f)
Parking and loading areas. Location of all parking and truck-loading
areas with access and egress drives. The types and locations of any
potentially hazardous materials of any nature should be indicated.
(g)
Neighborhood parks and/or playgrounds. The approximate location
and dimensions of areas proposed for neighborhood parks or playgrounds
or other permanent open space.
(h)
Grading plan. A preliminary grading plan of the site showing
locations and approximate size of cuts and fills.
(i)
Signs and lighting. Location, size and type of proposed lighting
and any anticipated signs.
(4)
Additional information. The Planning Board may require such additional
information that appears necessary for a complete assessment of the
project.
B.
Preliminary approval.
(1)
Within 90 days of the receipt of a certified complete preliminary
site plan application from the Building Department, the Planning Board
shall act on it. If no decision is made within said ninety-day period,
the preliminary site plan shall be considered approved. The Planning
Board's action shall be in the form of a written statement to the
applicant stating whether or not the preliminary site plan is approved.
A copy of the appropriate minutes of the Planning Board shall be a
sufficient report. The Planning Board's review of a preliminary site
plan shall include but is not limited to the following considerations:
(b)
Adequacy and arrangement of vehicular traffic access and circulation.
(c)
Adequacy and arrangement of pedestrian traffic access and circulation.
(d)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(e)
Location, arrangement, size and design of buildings, lighting
and signs.
(f)
Relationship of the various uses to one another and their scale.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between adjacent
uses and adjoining lands.
(h)
Adequacy of stormwater and sanitary waste disposal.
(i)
Adequacy of structures, roadways and landscaping in areas with
moderate-to-high susceptibility to flooding, ponding and/or erosion.
(2)
The Planning Board's statement may include recommendations as to
desirable revisions to be incorporated in the final site plan, conformance
to which shall be considered a condition of approval. If the preliminary
site plan is conditionally approved or disapproved, the Planning Board's
statement shall contain the reasons for such findings. In such a case,
the Planning Board may recommend further study of the site plan and
resubmission of the preliminary site plan to the Planning Board after
it has been revised or redesigned. No modification of existing stream
channels, filling of lands with a moderate-to-high susceptibility
to flooding, grading or removal of vegetation in areas with moderate-to-high
susceptibility to erosion or excavation for and construction of site
improvements shall begin until the developer has received preliminary
site plan approval. Failure to comply shall be construed as a violation
of this chapter and, where necessary, final site plan approval may
require the modification or removal of unapproved site improvements.
C.
Supplementary review. At the time of submission, the Planning Board
may submit the application to the Conservation Board, Fire Marshal,
Town Engineer, and any other boards or committees as may be deemed
appropriate, and solicit comments from same. If, by the time a public
hearing is held, no comments have been received in writing, it shall
be determined that there is no conflict with the particular agency's
policies or regulations. Any written statement sent to the Planning
Board shall be read at the public hearing and placed in the minutes.
A.
Final application. After receiving approval from the Planning Board
on a preliminary site plan and approval for all necessary permits
and curb cuts from state and county officials, the applicant may prepare
his final site plan and apply, in writing, to the Building Department,
who shall refer the application, when complete in all respects, to
the Planning Board for its review and approval. However, if more than
six months, or 12 months in the case of a planned unit development,
has elapsed between the time of the Planning Board's report on the
preliminary site plan and if the Planning Board finds that conditions
have changed significantly in the interim, the Planning Board may
require a resubmission of the preliminary site plan for further review
and for possible revision prior to accepting the proposed final site
plan for review. The final site plan shall conform to the approved
preliminary site plan and shall incorporate any revisions or other
features that may have been recommended by the Planning Board at the
preliminary review. All compliances shall be clearly indicated by
the applicant. The applicant shall also demonstrate that all conditions
of preliminary approval have been satisfied, or are being addressed
in the final site plan.
B.
Final approval.
(1)
Within 62 days of the receipt of the certified complete final plan
application from the Building Department, the Planning Board shall
render a decision to the Director of Planning, head of the Building
Department, or similar officer or designee. If no decision is made
within the sixty-two-day period the final site plan shall be considered
approved.
(2)
The final decision of the Planning Board may be conditioned upon
the receipt and review, by the Building Department, of approvals from
other agencies, if required. The Planning Board may further condition
their approval on the receipt and review, by the Town Building Department,
of any additional documents required by the Planning Board, i.e.,
easements, agreements, letters of credit.
(3)
Upon approval, the applicant shall submit to the Building Department
a Mylar, with copies as required by the Town, along with a copy in
electronic format, to obtain the necessary signatures of approval.
Once all signatures are obtained, the Building Department is then
authorized to issue a building permit, if required. No building permit
shall be issued, nor any site work commenced, until all conditions
of preliminary site plan approval and final site plan approval have
been satisfied, all easements have been recorded in the Monroe County
Clerks Office, filed with the Town Clerk and Building department,
and any required surety has been filed with the Town Clerk.
(4)
Requirement for improvements shown on the site plan shall be those
set forth in this chapter and in other ordinances, rules and regulations
or in construction specifications of the municipality.
C.
Specifications for final site plan. The final site plan shall be
provided with the number of copies as required by the Town giving
sufficient data to identify and locate all pertinent information.
The site plan submission shall be composed of a construction sheet
and a drainage report, as described in the subsections that follow.
D.
Site plan construction sheet. The construction sheet shall not be
larger than 34 inches by 44 inches in size and shall be drawn at a
scale of 50 feet to one inch and shall show the information listed
below. Where more than one sheet is required to show the entire development,
a key map shall be provided:
(1)
Information required in § 500-39A(3).
(2)
The lines of existing and proposed streets and sidewalks immediately
adjoining and within the site, including geometric layout of proposed
streets.
(3)
The names of existing and proposed streets.
(4)
Typical cross sections of proposed streets.
(5)
Profiles of proposed streets at suitable vertical scale showing finished
grades in relation to existing ground elevation.
(6)
The layout of proposed buildings, parking areas and any other proposed
structures or uses.
(7)
The locations, sizes and profiles of any existing and proposed sewers
(stormwater or sanitary), manholes, drain inlets, catch basin, water
mains and pipes on the property or into which any connection is proposed.
(8)
Provisions for water supply and sewage disposal, and evidence that
such provisions have received approval of the Monroe County Department
of Health.
(9)
Locations of survey monuments. Before acceptance of the dedication
of the highways, a certificate by a licensed land surveyor must be
filed certifying that the above monuments have been placed where indicated
on the map.
(10)
Plan and typical cross section of proposed sidewalks, if any.
(11)
Development plan, including landscaping, for any proposed park
or playground within the site.
(12)
A landscaping plan prepared by a landscape architect showing
his seal and signature, indicating the locations, varieties and minimum
size of trees to be planted and of existing trees to be preserved
and any other landscape features proposed.
(13)
Specifications or reference to Town standards for all facilities
to be constructed or installed.
(14)
Certification by a licensed professional engineer, licensed
landscape architect and a licensed land surveyor as evidence of professional
responsibility for the preparation of the construction sheet.
(15)
The boundaries of the site and information to show the location
of the site in relation to surrounding property and streets, including
names of owners of adjacent land or names of adjacent sites. In whatever
manner that is practical, the site boundary shall be referenced from
two directions to establish United States Coast and Geodetic Survey
monuments or New York State Plan Coordinate monuments. In the event
that such monuments have been obliterated, the site boundary shall
be referenced to the nearest highway intersections or previously established
monuments. Any combination of types of reference points may be accepted
which would fulfill the requirement of exact measurements from the
site boundary to reference points previously established for or by
a public agency.
(16)
The lines and dimensions of proposed lots or buildings which
shall be numbered. Any lot whose area does not conform to this chapter
shall have its area in square feet indicated as well. If a proposed
lot contains one or more existing buildings, the yard dimensions for
such buildings shall be indicated. Existing buildings outside the
limits of the site but within 75 feet of any proposed street or 25
feet of any proposed lot line shall also be shown.
(17)
The lines and purposes of existing and proposed easements immediately
adjoining and within the site.
(18)
The lines, dimensions and areas in square feet of all property
that is proposed to be reserved by deed covenant for the common use
of the property owners of the site.
(19)
A legal description of all areas to be dedicated to the Town.
E.
Drainage report. When requested by the Town Engineer or Planning
Board, this report shall be provided and shall present plans and supporting
data for stormwater control drainage provisions within the site, including:
(1)
Plan, profiles and typical and special sections of proposed stormwater
drainage facilities.
(2)
Supporting final design data and copies of computations used as a
basis for the design capacities and performance of the drainage facilities.
(3)
Grading plan developed with grading details to indicate proposed
street grades and elevations and building site grades and elevations.
The contour interval of the grading plan shall be one, two or five
feet vertical, as may be directed by the Town Engineer.
(4)
Erosion report, if required.
(5)
If the site is within or adjacent to the Black Creek floodplain 100-year
frequency, a detailed analysis of the area with respect to floodplain
management land use will be included in the drainage report.
A.
The storage or accumulation of refuse shall not be permitted in any area outside of a building, except as permitted in § 500-60.
B.
Any project with only one access road shall have an alternate clear
accessway available for the use of emergency vehicles.
C.
Landscaping. All projects shall be planted with vegetation of suitable
sizes to effectively screen dissimilar uses from one another, both
visually and acoustically, and to protect and enhance the overall
quality of the environment.
(1)
All projects shall provide landscaping in addition to necessary screening
material equal to a minimum of 1% of the total project cost. Landscaping
shall be considered as live plant material and aesthetic site improvements,
but shall not include fences or walls used for screening or excavation,
earthmoving, fill, grading and paving associated with normal building
requirements. In lieu of providing this landscaping, and only by approval
of the Planning Board, the applicant may donate an amount equal to
1% of the project cost to the Town of Chili's tree planting program.
(2)
Upon the receipt of a complete application as certified by the Building
Department, the Planning Board shall consult with the Town Conservation
Board for its report and recommendations on the adequacy of the proposed
landscaping. The Conservation Board shall have 30 days to respond
in writing. If the Conservation Board falls to reply, the landscaping
proposed shall be considered acceptable. The report, if any, shall
be read at the public hearing and placed in the minutes of the meeting.
D.
The following special provisions apply only to multifamily developments
or to multifamily, townhouse and other multi-residential-unit structures
or portions of a planned unit development:
(1)
Every development shall have within it suitable open space available
for the use of the residents. Four hundred square feet of such open
space per resident family is an adequate reservation. Development
of this open space for passive and/or active recreational uses shall
be provided in a manner suitable to the prospective occupants of the
development. Areas devoted to swimming pools and other such formal
recreation areas shall be considered in meeting this requirement.
Yard areas may also be so considered as long as access to them is
not prohibited by fencing or other means, but parking areas shall
not be included in such assessment.
(2)
All living units shall have a storage area in the same building as,
but not in the apartment of, at least 7% of the living unit, and the
smallest dimension shall not be less than four feet.
(3)
Buildings shall be located so that the privacy of individual units
is protected, so that their arrangement creates usable open spaces,
avoids monotonous, undifferentiated silhouettes and produces a satisfactory
microclimate.
(4)
Sidewalks shall be provided and be integrally designed so as to provide
safe and convenient access between buildings and between buildings
and internal recreation, parking and service areas.
(5)
A school bus loading area shall be provided that meets necessary
safety standards and locational needs.
E.
Upon completion of the project, as-built plans of the completed site
work, building location and landscaping shall be furnished on suitable
reproducible material by the owner prior to the issuance of a certificate
of occupancy/certificate of compliance. Such plans shall be filed
with the Town Building Department.
Before a site plan is approved, the proposed preliminary site plan shall be considered by the Planning Board at a public hearing held within 62 days of receipt of the application. Notice of said hearing shall be given as provided in § 500-86.