[Amended 4-17-1997 by L.L. No. 5-1997; 4-24-2003 by L.L. No. 7-2003; 11-18-2004 by L.L. No. 16-2004; 11-16-2006 by L.L. No. 12-2006; 7-12-2007 by L.L. No. 4-2007; 12-20-2007 by L.L.
No. 9-2007; 3-24-2011 by L.L. No. 2-2011; 6-23-2011 by L.L. No. 6-2011; 2-26-2015 by L.L. No. 3-2015]
Applications for site development shall be submitted to the Southeast Planning Board, except that applications for site development for large retail establishments, including other uses proposed as part of the same overall master plan as the large retail establishment, shall be submitted to the Southeast Town Board according to the standards as set forth in this article and to the additional standards, where applicable, in Articles IV and X.
A.
Sketch plan. Prior to a formal submission, the applicant
should meet in person with the Planning Board and/or their designated
representative to discuss the proposed site development plan in order
to determine the requirements which should be incorporated in the
development and submission of the site development plan.
B.
Submission in three stages. A site plan of any proposed
development of land, prepared by a registered architect, licensed
landscape architect, licensed land surveyor, professional planner
and/or professional engineer, shall be submitted to the Planning Board
for approval. The plan shall normally be in three stages:
C.
Simultaneous submissions. An applicant may, however,
submit and seek approval with the consent of the Planning Board for
any or all of the three plans simultaneously. If there is not a simultaneous
submission, the Planning Board may also accept a sketch plan layout
not prepared by a registered professional as noted above, provided
that the preliminary and final plans are so prepared.
D.
Fees.
(1)
All submissions for site plan approvals shall be accompanied
by a fee to pay for the costs of the planning and engineering review.
(2)
The fees shall be as established in the Town of Southeast
Schedule of Fees. These fees are due on or before the date of review
by the Planning Board.
(3)
Environmental fees. These fees do not cover the cost
of an environmental impact statement. The applicant shall be responsible
for the total cost of environmental reviews that are determined to
be necessary to meet the requirements of the State Environmental Quality
Review Act (SEQRA).[1]
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
(4)
Final plan. Necessary inspection fees shall be billed
at cost to the applicant.
E.
Required submissions. At least 15 working days in
advance of the Planning Board meeting at which a site plan is to be
presented, the information enumerated below must be submitted as required
to the Secretary of the Planning Board, in 10 copies, along with a
letter of application. The information to be submitted and which in
total constitutes a site development plan is as follows:
(1)
Sketch plan:
(a)
Application forms in the following number and format set forth
the "Planning Board's Schedule of Document Submission" available in
the office of the Planning Board's administrative assistant.
[Amended 5-7-2015 by L.L.
No. 4-2015]
(b)
Legal data:
[1]
The names of all owners of record of all adjacent
properties and the lot, block and section number of the subject property,
all as shown on the Town's Official Assessment Maps.
[2]
Existing school, zoning and special district
boundaries.
[3]
Boundaries of the property, building or setback
lines as required in this chapter and lines of existing streets and
adjoining lot, as shown on the Town's Official Assessment Maps. Reservations,
easements and areas dedicated to the public use, if known, shall be
shown.
[4]
A list of all property owners within 500 feet
of the zoning lot.
(c)
General project site development:
[1]
A map showing the applicant's entire property
and adjacent properties and streets, at a convenient scale, but not
less than 200 feet to the inch, including the approximate location
and dimensions of all existing and proposed structures add the location
of all existing structures on adjacent properties and within 100 feet
of the site boundary.
[2]
All existing and proposed paved areas.
[3]
The existing topography, lawns, meadows, shrubs
and trees (general locations), watercourses and bodies of water, wetlands,
rock outcrops and other prominent physical features.
[4]
Areas to be left undisturbed by earth-moving
machines.
[5]
The existing pedestrian and vehicular circulation
diagram for the site and immediate area.
[6]
The name and address of the applicant and other
planners, engineers, architects, surveyors and/or other professionals
engaged to work on the project. Where the applicant or owner is a
corporation, the Planning Board may require the names and addresses
of all officers, directors and principal stockholders of said corporation.
(2)
Preliminary plan:
(a)
Legal data as set forth in Subsection E(1)(b). Site maps submitted for preliminary approval should be at a scale of not less than 50 feet to the inch.
(b)
Existing conditions: the location of existing
buildings, watercourses, marshes, rock outcrops, wooded areas, single
trees with a diameter of eight inches or more, measured three feet
above the base of the trunk, and other significant existing features
on the premises and within a distance of 200 feet of all property
lines thereof.
(c)
Development data:
[1]
Statement of use: a written statement in the
number and format set forth the "Planning Board's Schedule of Document
Submission" available in the office of the Planning Board's administrative
assistant certified by the applicant, describing in detail the nature
and extent of the proposed use and occupancy, the provision to be
made for water supply, sewage traffic generation and the impact upon
adjoining property, the neighborhood and community facilities and
services. The statement of use shall include a schedule indicating
the area of the lot, the floor area of buildings and structures, the
ground coverage by buildings and structures, the total ground coverage
by buildings and other structures, paving and outside storage areas
and the computations of required off-street parking and loading spaces.
[Amended 5-7-2015 by L.L.
No. 4-2015]
[2]
Site plans: preliminary plans in the number
and format set forth the "Planning Board's Schedule of Document Submission"
available in the office of the Planning Board's administrative assistant,
elevations and sections of proposed structures and roads, showing
the proposed location, use and design of all buildings and structures,
including any proposed division of buildings into units of separate
occupancy and location of drives thereto, and showing the proposed
location of all roads, pedestrian walkways and fire lanes; title of
development, date, North point, scale, name and address of record
owner and of the engineer, architect, land planner or surveyor preparing
the site development plan, as well as the following:
[Amended 5-7-2015 by L.L.
No. 4-2015]
[a]
All means of vehicular access and
egress to and from the site onto public streets.
[b]
The location and layout of any
off-street parking or loading areas.
[c]
The location of all proposed waterlines,
valves and hydrants and sewer lines or of alternative means of water
supply and sewage disposal and treatment.
[e]
Preliminary grading and landscaping
plan with contours at an interval not exceeding two feet, or equivalent
ground elevations and the location, depth and results of soil samples,
test borings, test pits and seepage tests.
[f]
The extent and amount of cut and
fill for all disturbed areas, including before and after profiles
of typical development areas, parking lots and roads.
[g]
A stormwater pollution prevention plan prepared in compliance with Chapter 119, Stormwater Management and Erosion and Sediment Control.
[h]
The proposed location, size, color
and illumination of proposed signs.
[i]
An erosion and sediment control plan prepared in compliance with Chapter 119, Stormwater Management and Erosion and Sediment Control.
[j]
The location of all existing and
proposed site improvements, including drains, culverts, retaining
walls and fences.
[k]
The location of any outdoor storage,
including solid waste receptacles.
[l]
Detailed breakdowns of all proposed
floor space by type of use.
[m]
In an OP-1, OP-2, OP-3, ED-1 or
ED-2 District, specific uses proposed, number of employees for which
buildings are designed, type of power to be used for any manufacturing
process, type of wastes or by-products to be produced by any manufacturing
process and the proposed method of disposal of such wastes or by-products.
[n]
An aerial photograph at a scale
of no less than one inch to 200 feet showing the project site and
surrounding areas within 300 feet of the property.
[3]
Environmental assessment form in the number and format set forth
the "Planning Board's Schedule of Document Submission" available in
the office of the Planning Board's administrative assistant. No application
shall be deemed complete without compliance with the State Environmental
Quality Review Act (SEQRA).[2]
[Amended 5-7-2015 by L.L.
No. 4-2015]
[2]
Editor's Note: See Article 8 of the Environmental Conservation
Law.
[4]
Architectural plan. Architectural plans of all proposed buildings,
structures, signs and outdoor storage facilities, which plans may
be preliminary in form but shall include exterior building materials,
color, height, bulk, roofline, ornamentation, interior uses and general
character and with the exception of signs and outdoor illumination
facilities, shall be prepared by and bear the seal of an architect
or professional engineer licensed to practice in the State of New
York. Such plans shall be submitted in the number and format set forth
in the "Planning Board's Schedule of Document Submission" available
in the office of the Planning Board's administrative assistant and
meet the approval of the Planning Board.
[Amended 5-7-2015 by L.L.
No. 4-2015]
[5]
The preliminary landscaping plan as set forth in § 138-50D(1).
[6]
Photo-simulation/rendering requirement. For
any application involving new construction or significant exterior
modifications to an existing structure, to assist in review and understanding
of a proposed application, the Planning Board shall require the applicant
to submit a photo-simulation or 3-D rendering or model of the proposed
project, in context with the proposed grading and landscaping.
(3)
Final plan:
(b)
Development data submitted in the number and format set forth
the "Planning Board's Schedule of Document Submission" available in
the office of the Planning Board's administrative assistant:
[Amended 5-7-2015 by L.L.
No. 4-2015]
[1]
Statement of use.
[2]
Final plan sets, including site plan, floor plans, elevations
and sections of proposed structures.
[3]
Final grading plans and landscaping plans in accordance with § 138-50D(2).
[4]
Draft environmental impact statement, if required.
[5]
A written program setting forth the proposed sequence and time
schedule for construction, completion and occupancy of the various
elements and any phases of the project.
(4)
Filing of approved plans. Upon final approval, the
applicant shall provide to the Town of Southeast Planning Board one
full set of final full-sized plans and five copies of the filed plans
on eleven-inch by seventeen-inch, or similar, paper, with a graphic
scale indicated (to allow for scale measurements of photo-reduced
drawings), for distribution to the Town Engineer, the Planning Board,
the Town Clerk, the Building Inspector, and the Town Planner.
F.
Additional submissions. Where due to special conditions
peculiar to a site or the size, nature or complexity of the proposed
use or development of land or buildings, the Planning Board finds
that the additional information is necessary for proper review of
the site plan, the Board may request additional pertinent information,
including;
(1)
A survey of subject property having an error of closure
not in excess of one in 10,000 and indicating all lengths in feet
and decimals of a foot and all angles to the nearest 10 seconds or
closer if deemed necessary by the surveyor.
(2)
A copy of any covenants or deed restrictions that
are intended to cover all or any part of the tract.
(3)
The location of existing water mains, culverts and
drains on the property, with pipe sizes, grades and direction of flow.
(4)
All proposed lots, easements and public and community
areas.
(5)
The names of any streets shown on such site plan shall
be referred to the Town Assessor for approval and, if deemed necessary
by said Assessor in the case of new street names, to the Town Board.
The house numbering of any parcel or structure shown on such site
plan shall be determined by the Assessor and shown on the site plan
outside the lot line or in front of the proposed lot or structure,
as the case may be. After final approval has been granted by the Planning
Board for the proposed site plan, a copy of such final plan, including
street names and house numbers, shall be provided to the Brewster
Postmaster, the Brewster Fire Department and the Putnam County Sheriff.
G.
Exceptions. In appropriate circumstances, the Planning Board may waive the provision of any items of information listed in Subsection E, Required submissions.
H.
Referral to other agencies. Site plans within 500 feet of state or county facilities shall be immediately referred by the Planning Board to the Putnam County Department of Planning, Development and Public Transportation. Any plans showing access to a state road shall be referred to the State Department of Transportation. Sites including state-designated wetlands or within 100 feet of state wetlands shall be referred to the State Department of Environmental Conservation. Sites that include or abut any wetlands, as defined by Chapter 78 of the Town Code, or sensitive ecological areas such as reservoirs and aquifers that are identified in the environmental assessment form (EAF), shall be referred to the Town Wetlands Inspector. Sites within 300 feet of a reservoir or 100 feet of a watercourse or state-designated wetland shall be referred to the New York City Department of Environmental Protection. Sites located within an historic district designated in Chapter 83 or that include historic structures designated in Chapter 83 shall be referred to the Historic Sites Commission for review. Applications that require Architectural Review Board review per § 3-3 of the Town Code shall be referred to the Architectural Review Board. Recommendations shall be requested from these agencies within 30 days from the time of submission of the site plan to the Town.
I.
Action by the Planning Board. The Planning Board shall
review the site development plan and act on the application within
45 days after the time of receipt of a completed application and supporting
documents. This time may be extended to 60 days if reports have not
been received from other agencies. Failure on the part of the Planning
Board to act shall be deemed to constitute approval, unless the time
limit is further extended by stipulation with the applicant. For final
plans the Board shall act within 45 days or when a final environmental
impact statement has been accepted if such a statement was required
in conformance with the regulations of the State Environmental Quality
Review Act.[3]
[3]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
J.
Waiver of required information and parking requirements. Upon a finding by the Planning Board that due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary, the Board may vary or waive such requirements wherever, in the opinion of the Board, such variance or waiver will not have the effect of nullifying the intent and purpose of the site plan submission. The Planning Board is specifically authorized to increase or decrease parking requirements and their construction schedule by up to 15% if specific conditions can be shown to warrant it and those conditions are contained in written findings of the Planning Board pursuant to § 138-71.
[Amended 8-20-2015 by L.L. No. 7-2015]
K.
Performance bonds. The applicant may be required to
post performance bonds in sufficient amounts and duration to assure
that all streets or other public places shown on the site plan shall
be suitably graded and paved and that street signs; sidewalks; streetlighting
standards; curbs; gutters; street trees; water mains; fire alarm signal
devices, including necessary ducts and cables or other connecting
facilities; sanitary sewers; and storm drains or combined sewers shall
all be installed in accordance with standards, specifications and
procedures acceptable to the Planning Board.
L.
Public hearing. A public hearing shall be required
prior to preliminary approval. At its discretion, the Planning Board
may waive the requirement for a public hearing for a minor project.
M.
Expiration. A site plan shall be void if construction
is not started within one year and substantially completed within
the applicant’s projected schedule of construction as approved
by the Planning Board, except that such site plan approval may be
renewed once a maximum of three times by the Planning Board at its
discretion. In considering a site plan renewal, the Planning Board
shall evaluate whether any significant changes to the Town’s
Comprehensive Plan or Zoning Code have occurred since the issuance
of the original approval. Should the Planning Board determine that
the site plan is substantially noncompliant with the Comprehensive
Plan or Zoning Code, the Planning Board may deny the site plan renewal,
and the applicant may file an amended site plan application. Each
site plan renewal shall be valid for one year. The applicant should
apply for such renewal at least 60 days prior to the expiration date
of the approval of the site plan. Site plans that have expired shall
not be eligible for renewal. The Town Board may establish an annual
site plan renewal fee.
[Added 2-26-2015 by L.L.
No. 3-2015]
Notwithstanding any other provision of the Town Code, the Town
Board shall have approval authority for all discretionary permits
and approvals, of whatever kind, needed for the construction of a
large retail establishment and other uses proposed as part of the
same overall master plan as the large retail establishment. The Town
Board, in its discretion, may consult with any other Town board, commission,
committee or officer whom the Town Board deems necessary and appropriate.
The Town Board, in its consideration of applications for discretionary
permits and approvals, shall follow the procedure of the approval
authority that otherwise would have decided the application. For purposes
of this section, discretionary permits and approvals shall mean those
permits and approvals which are granted at the discretion of the approving
authority and excluding ministerial permits and approvals which must
be granted upon the applicant's compliance with the relevant requirements
under the Town's laws and regulations.
For uses permitted in a district subject to the securing of a special permit, the application shall be accompanied by an application for such special permit and by a site plan as specified in § 138-41.
When requested by the Building Inspector, the
application for a building permit and certificate of occupancy shall
be accompanied by other plans, drawings, data and documents necessary
for him to determine compliance with the provisions of this chapter.
[Amended 7-16-1998 by L.L. No. 4-1998]
A.
Sign.
(1)
Each applicant for approval of a site plan or a special permit, for
authorization of a planned subdivision plat or for granting of certain
variances from this chapter and each petitioner requesting amendment
of the Zoning Map shall post a sign on the property referenced in
such application on or before the seventh day following the applicant's
submission of such application or petition. Such sign shall be at
least 30 inches by 20 inches in size, consisting of sturdy, weather-resistant
and serviceable material and containing a white background with black
letters, and shall be placed in a location plainly visible and easily
readable from the most commonly traveled street or highway upon which
the property fronts. Such sign shall be at least six feet above the
ground and in legible lettering at least two inches high and shall
read as follows:
[Amended 5-7-2015 by L.L.
No. 4-2015]
|
ON THIS SITE A (describe action set forth in application or
petition, e.g., an application for a variance to permit an automobile
service station) IS PENDING. INFORMATION CONCERNING THIS APPLICATION
MAY BE OBTAINED FROM THE TOWN OF SOUTHEAST (in the case of a site
plan, special permit or planned subdivision plat application, insert
PLANNING BOARD ADMINISTRATOR, ONE MAIN STREET, BREWSTER, NY; in the
case of zoning variance applications, insert ZONING BOARD ADMINISTRATOR,
ONE MAIN STREET, BREWSTER, NY; in the case of petitions requesting
amendment to the Zoning Map, insert TOWN CLERK, TOWN HALL, 1360 ROUTE
22, BREWSTER, NEW YORK).
| |
|
(Identify applicant or applicant's agent by name, address and
telephone number)
|
(2)
In the event that the applicant shall appear before
more than one Board, the wording of the sign may be such so as to
give notice of such other application(s). Prior to review of the application
or petition, the applicant shall file with the appropriate Board an
affidavit certifying to the fact and date of said posting. Such sign
shall be removed from the subject premises within 10 days after a
final resolution approving or denying the particular application has
been adopted by the Planning Board.
(3)
When the owner of a single-family residence lot located in a residential zone has made application to the Zoning Board of Appeals for a variance from the provisions of this chapter, the provisions of this section regarding the posting of a sign shall apply only when such application is for a use variance or requires site development plan approval pursuant to § 138-17B(3).
B.
Each applicant for approval of a site plan or a special
permit, for authorization of a planned subdivision plat or for granting
of a variance from this chapter, and each petitioner requesting amendment
of the Zoning Map, shall mail notice to property owners as follows:
(1)
Such notice shall be mailed, as applicable, not less than 10 days prior to the date of the public hearing scheduled by the Town Board concerning any special permit under Article X or any petition requesting amendment of the Zoning Map, prior to the date of any public hearing scheduled by the Zoning Board of Appeals, prior to the meeting of the Planning Board at which time the Board makes a determination concerning a site plan and prior to the meeting of the Town Board at which a planned subdivision is authorized under Article VIII.
(2)
Such notice shall be in a form approved by the Town
Board, including no less than:
(a)
The name of the applicant.
(b)
The location of the lot or land to which the
petition or application pertains.
(c)
The provision of this chapter under which the
application is made.
(d)
A brief description or identification of the
proposal.
(e)
When applicable, the date, time and place of
any public hearing to be held and the name of the agency holding the
hearing.
(3)
Notification of nearby property owners.
(a)
Except as otherwise provided herein, the notice shall be sent
by United States Postal Service certified or registered mail, return
receipt requested, to the owners of all lots within the State of New
York, including the Village of Brewster, within 500 feet of the lot
or land to which the application or petition pertains, except that
the owner of a single-family residential lot applying for area variances
shall mail said notice to property owners within the following proximity:
[Amended 8-26-2010 by L.L. No. 4-2010; 5-19-2016 by L.L. No. 4-2016]
[1]
If the subject property is located partially or wholly within
a commercial zoning district or partially within an R-160 or R-80
Zoning District: 500 feet.
[2]
If the subject property is located partially or wholly within
an R-40 or R-60 Zoning District: 300 feet.
[3]
If the subject property is located partially or wholly within
an R-20 Zoning District: 100 feet.
[4]
If the subject property or structure is wholly located within
a parcel of property owned in common by a cooperative corporation
and the subject property is owned and occupied pursuant to proprietary
leasehold, notice shall be given to such cooperative corporation and
to the record owner of proprietary leases immediately adjacent to
the subject property or structure. In the event the subject property
or structure is located within 50 feet of the cooperative corporation's
boundary line, the owners of property abutting the cooperative corporation's
boundary and within 100 feet of the subject parcel or structure shall
be given notice.
[5]
If the subject property lies adjacent to, or in the event the
relative proximity of a cooperative housing corporation to the subject
property requires the giving of notice of an application to owners
within the cooperative housing corporation, notice shall be deemed
sufficient if given to the board of directors of the cooperative housing
corporation in the manner prescribed herein. If the subject property
lies within a cooperative housing corporation, notice shall be deemed
sufficient if given to the owners of record of the immediately adjacent
tax lots (where artificial tax lot splits exist) or to leaseholders
immediately adjacent to the subject property within the cooperative
housing corporation and to the board of directors of such cooperative
housing corporation.
[Amended 2-6-2020 by L.L. No. 1-2020]
[6]
If the subject property lies within or adjacent to, or in the event the relative proximity of a condominium housing development to the subject property requires the giving of notice of an application to owners within the condominium housing development, notice shall be deemed sufficient if given by certified mail, return receipt requested, to the managing agent of the condominium housing development and by regular mail to those individual property owners otherwise entitled to notice pursuant to Subsection B(3)(a)[1] through hereof.
(b)
The owners of the lands or properties to receive
notice hereunder and their addresses shall be as indicated in the
current records of the Tax Assessor of the Town or the Tax Assessor
of any adjacent taxing jurisdiction, and the applicant shall be permitted
to rely on such information as accurate.
(4)
At the time of the public hearing by the Town Board,
the Zoning Board of Appeals or the Planning Board concerning a site
plan or of the Town Board concerning a planned subdivision plat, the
applicant shall provide to such agency a copy of the required notice,
a list of the owners of all lots to whom such notice was mailed and
either an affidavit that the mailing was completed, as requested herein,
or copies of all mailing receipts.
A.
No building permit may be issued for any building
within the purview of this section, except in conformance with an
approved site plan, also known as a "project development plan." No
certificate of occupancy may be issued for any building or use of
land within the purview of this section unless the building is constructed
or used or the land developed or used in conformity with an approved
site development plan.
B.
All site plans, including site plans necessary for
special permits or variances, shall require approval by the Planning
Board and shall be required in all districts for:
(1)
The erection or enlargement of any building or other
structure, other than one- or two-family dwellings.
[Amended 11-18-2004 by L.L. No. 16-2004]
(2)
All uses of open land for which a certificate of occupancy
is required.
(3)
Any amendment of a previously approved site plan.
(4)
Any change of use that includes alterations to the
exterior of any building or structure, site improvements, or changes
in site grading, or that, by virtue of the new use, would result in
any increase in consumption of water, production of wastewater, or
the generation of traffic.
[Added 11-18-2004 by L.L. No. 16-2004]
C.
No property owner with an application for site plan approval pending before the Planning Board may make alterations to the land (including, but not limited to, grading, clearing, or excavating) or any structure on the land, unless otherwise permitted by a previously approved permit or site plan approval, the alterations are required to complete technical investigations in support of the site plan application, or until final approval of the pending site plan application has been granted by the Planning Board and all conditions thereto have been met; except that upon receipt of preliminary site plan approval from the Planning Board, a property owner may seek authorization from the Planning Board to clear trees within the proposed limits of disturbance subject to the requirements of Chapters 78 and 119 of the Town Code, and the establishment of a tree restoration bond set by the Planning Board in consultation with the Town Engineer. Alterations to the land made for the purpose of permitted technical investigations must be done with the minimum amount of disturbance and clearing possible and require 72 hours' written notice to the Town Code Enforcement Officer, who shall determine whether the proposed disturbance required for the investigations is within reasonable limits of disturbance for the purpose intended.
[Added 11-18-2004 by L.L. No. 16-2004; amended 11-30-2023 by L.L. No. 11-2023]
The following criteria and standards shall be
used by the Planning Board in reviewing applications for site plan
approval:
A.
Comprehensive Plan. The site plan shall be in conformance
with the purpose and intent of any comprehensive master plan of development
or supplement or amendment thereto adopted by the Planning Board pertaining
to the area in which the use is to be located.
B.
Neighborhood. The use of land and buildings and other
structures, the location and bulk of buildings and other structures
and the development of the lot shall be of a character as to harmonize
with the neighborhood, to accomplish a transition in character between
areas of unlike character, to protect property values in the neighborhood
and to preserve and enhance the appearance, scale and beauty of the
neighborhood.
C.
Existing streets. Where the lot has frontage on an
existing street, proper provision shall be made for grading and improvement
of shoulders and for provision of curbs and sidewalk areas within
the right-of-way of the street and for provision of curbs and sidewalks
in accordance with the pattern of development along the street. Where
necessary to provide for suitable access or for a system of neighborhood
circulation streets, provision shall also be made for appropriate
continuation and improvement of streets terminating at the lot where
the use is to be located. ADA compliant curb ramps shall be provided
at all intersections, crosswalks, and driveway crossings.
[Amended 4-9-2020 by L.L. No. 4-2020]
D.
Vehicular access. Provision shall be made for vehicular
access to the lot in such a manner as to safeguard against hazards
to traffic and pedestrians in the street and on the lot and to avoid
traffic congestion on the street. Access shall also conform to the
following:
(1)
Where alternate access is available, the vehicular
access to the lot shall be arranged to avoid traffic use of local
residential streets situated in or bordered by existing residential
neighborhoods.
(2)
Where a lot has frontage on two or more streets, the
access to the lot shall be provided to the lot across the frontage
and to the street where there is lesser potential for traffic congestion
and for hazards to traffic and pedestrians.
(3)
The street giving access to the lot shall have traffic-carrying
capacity to accommodate the amount and types of traffic generated
by the proposed use.
(4)
Where necessary to safeguard against hazards to traffic
and pedestrians and/or to avoid traffic congestion, provision shall
be made for turning lanes, traffic directional islands, frontage road
driveways and traffic controls within the street.
(5)
Vehicular access shall be of a design and have sufficient
capacity to avoid backup of entering vehicles within any street.
(6)
Vehicular access shall achieve maximum practicable
distance from street intersections and from existing and proposed
access connections to adjacent properties. The Planning Board shall
have the right to restrict access to one point or to require shared
vehicular access in order to minimize the number of curb cuts.
(7)
Vehicular access into the lot shall not exceed a grade
of 10% and shall meet the street line and travel way of the street
in such a manner as to conform to the standard cross-section for the
street as may be specified by Town ordinance.
E.
Pedestrian safety. Insofar as practicable, pedestrian
and bicycle circulation shall be separated from motor vehicle circulation.
Safe and convenient pedestrian circulation, including appropriate
sidewalks and curb ramps, shall be provided on the site and its approaches.
The pedestrian circulation plan shall be designed to minimize adverse
effects of vehicular traffic upon sidewalks and bicycle paths.
[Amended 4-9-2020 by L.L. No. 4-2020]
F.
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with the provisions of Article XI and the landscape standards of § 138-50. The location, width and layout of interior drives shall be appropriate for the proposed interior circulation. The location and layout of off-street parking and loading spaces shall provide for efficient circulation and the safety of pedestrians and vehicles. Insofar as practicable, separate rows or aisles in parking areas shall be divided by trees, shrubbery and other landscaping devices. Sidewalks, curb ramps, crosswalks, and other pedestrian safety and accessibility features shall be provided as applicable to ensure safe access to proposed buildings, structures, and parking areas. The location of parking areas shall not detract from the design of proposed buildings and structures or from the appearance of the existing neighboring buildings, structures and landscape. Provision shall be made for access by police, fire and emergency vehicles.
[Amended 4-9-2020 by L.L. No. 4-2020]
G.
Drainage.
(1)
Provision shall be made on the lot for the management
of stormwater, including collection and disposal thereof in the following
manner:
(a)
To assure the usability of off-street parking
and loading spaces.
(b)
To avoid hazards to pedestrians and vehicular
traffic on the lot and in any street.
(c)
To avoid stormwater flow across sidewalks and
other pedestrian ways.
(d)
To protect watercourses and wetlands from pollution,
erosion and sedimentation.
(e)
To avoid an amount of discharge and time of
concentration of flow beyond the capacity of downstream drainage channels.
(f)
To avoid downstream flooding.
(2)
Provision shall also be made for the protection or
improvement of existing watercourses, channels and other drainage
systems on the lot or downstream from the lot, as needed to accept
the proposed drainage discharge, based on sound design criteria under
good engineering practice, taking into account the drainage requirements
of the entire watershed in which the lot is located.
H.
Sanitation. Proper provision shall be made for the
water supply and sewage disposal requirements of the proposed use.
Central water supply and/or sewage disposal systems and private on-site
systems shall be designed and constructed in accordance with applicable
county and/or state law. In addition, provision shall be made for:
I.
Fire protection. Proper provision shall be made for
fire protection, taking into account any recommendations of the Board
of Fire Commissioners, and including the following:
(1)
Suitable location for and access to fire hydrants
and/or fire ponds and other water storage.
(2)
Suitable access to buildings and storage areas for
operation of fire-protection vehicles and equipment.
(3)
Sufficient controls on traffic and parking to permit
access by fire-protection vehicles in emergencies.
(4)
Adequate circulation driveways within the lot, coordinated
with access to other lots to permit access by fire-protection vehicles.
J.
Utility services. Electric, telephone and other wire-served
utility lines and service connections shall be underground insofar
as feasible and subject to state public utility regulations. Any utility
installations remaining above ground shall be located so as to have
a harmonious relation to neighboring properties and to the site. Utility
services, such as air-conditioning units, that are located on building
rooftops, shall be adequately screened from the views from adjacent
properties and abutting streets.
K.
Ecological considerations. The development shall consider
the following insofar as practicable:
(1)
Critical areas. Development shall result in minimal
degradation of unique or irreplaceable land types and in minimal adverse
impact upon the critical areas such as streams, wetlands, areas of
aquifer recharge and discharge, steep slopes, highly erodible soils,
areas with a high-water table, mature stands of vegetation and extraordinary
wildlife nesting, feeding or breeding grounds.
(2)
Erosion and sedimentation. Provision shall be made
for control of erosion and sedimentation and for avoiding siltation
of streams and wetlands, both during construction and upon completion
thereof.
(3)
Landscape. The landscape shall be preserved in its
natural state, insofar as practicable and environmentally desirable,
by minimizing tree and soil removal. If development of the site necessitates
the removal of established trees, special attention shall be given
to the planting of replacements or to other landscape treatment. Any
grade changes shall be in keeping with the general appearance of neighboring
developed areas.
(4)
Relation of proposed structures to environment.
(a)
Proposed structures shall be related harmoniously
to themselves, the terrain and to existing buildings and roads in
the vicinity that have a visual relationship to the proposed structures.
The achievement of such harmonious relationships may include the enclosure
of space in conjunction with other existing buildings or other proposed
buildings and the creation of focal points with respect to avenues
of approach, terrain features or other buildings.
(b)
Proposed structures shall be so sited as to
minimize any adverse impact upon the surrounding area and particularly
upon any nearby residences, by reason of:
(5)
Scenic, historic, archaeological and landmark sites.
Scenic, historical, archaeological and landmark sites and features
that are located on or adjacent to the proposed development shall
be preserved and protected insofar as practicable.
(6)
Noise. All applicable federal, state and local regulations
dealing with the control of outside noise which is expected to be
generated at the site shall be complied with.
(7)
Advertising features. The size, location, height, design, color, texture, lighting and materials of permanent signs and outdoor advertising structures of features shall not detract from the design of proposed buildings and structures or of the surrounding properties. Signs shall be in accordance with Article XII of this chapter.
(8)
Lighting. The location, height, design, arrangement
and intensity of outside lighting, including the illumination of signs,
shall avoid discomfort and glare on the lot, on any other lot and
in any street. Such lighting shall also avoid hazards to traffic and
shall harmonize with the neighborhood.
L.
Outside storage.
[Amended 11-18-2004 by L.L. No. 16-2004; 2-19-2015 by L.L. No. 1-2015]
(1)
Outside storage areas shall be subject to such setbacks, screen plantings
or other screening methods as shall reasonably be required to prevent
any adverse effect upon the environment or nearby property. The Planning
Board is authorized to grant approval to screening structures that
exceed the minimum requirements of this chapter. The Planning Board
is authorized to permit the installation of a fence that exceeds the
maximum height requirements within the setback area and up to six
feet tall, provided that the fence does not cause a health, safety,
or traffic risk, and would improve the appearance of the outside storage
area.
(2)
Any permitted outside storage areas shall not extend into the required
yards for setbacks from a property line, street line or residence
district boundary line and shall not exceed 5% of the lot area except
as permitted below.
[Amended 8-20-2015 by L.L. No. 7-2015]
(a)
Subject to a conditional use permit from the Planning Board, the percent of lot area dedicated to outside storage may be expanded for the following uses. The outside storage areas shall be subject to the conditions of § 138-53 of the Code of the Town of Southeast. The Planning Board is hereby permitted to increase the minimum buffer area, require additional plantings, a berm, and/or screening as it deems necessary to limit views of the outside storage areas from public rights-of-way or adjacent properties, and to protect community character in a manner consistent with the goals and objectives of the Comprehensive Plan.
|
Use
|
Maximum Lot Area Dedicated to Outside Storage
| |
|---|---|---|
|
General business
|
25%
| |
|
Landscape nursery and commercial greenhouses
|
65% dedicated to live plant material (e.g., annuals, perennials,
trees, and shrubs) and 10% dedicated to dry storage (e.g., mulch,
gravel, and fencing materials), for a total outside storage area of
75%
| |
|
Light manufacturing
|
25%
| |
|
Off site new vehicle storage for automobile dealership
|
50%
|
M.
Handicapped persons. The site plan for any use to
which the public is invited or expected to visit shall make proper
provision for buildings and site development that are accessible to
and functional for physically handicapped persons, such as by provision
of walks and ramps of suitable width and grade, curb cuts, curb ramps,
wide parking spaces and ground-level building entrances.
[Amended 4-9-2020 by L.L. No. 4-2020]
N.
Curb ramps.
Newly constructed or altered streets, roads, and highways shall contain
curb ramps or other sloped areas at any intersection having curbs
or other barriers to entry from a street level pedestrian walkway.
Newly constructed or altered street level pedestrian walkways shall
contain curb ramps or other sloped areas at intersections to streets,
roads, or highways.
[Added 4-9-2020 by L.L. No. 4-2020]
The minimum landscape requirements and erosion
and sedimentation controls for any use requiring site development
plan approval are a general guide only and may be waived or varied
by the Planning Board where, due to special characteristics of the
project site, the proposed use, surrounding area or buildings and
structures, such changes are necessary to ensure compatibility and
conformance with other standards or criteria of this chapter.
The provisions of the State Environmental Quality
Review Act (SEQRA) shall be complied with as appropriate.[1] Fees for SEQRA processing are in addition to other fees
required by this chapter as set forth in the Standard Schedule of
Fees of the Town of Southeast.
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
In addition to any existing federal legislation, development activities within the Town's floodplain will be further governed by any relevant section of this chapter and by Chapter 74, Flood Damage Prevention, for flood damage prevention.
A.
Objective. The following objectives shall be considered
in landscaping for parking lots, screening and buffer areas:
(1)
To preserve the natural character of off-street parking
areas and certain other setback and yard areas of multifamily and
nonresidential developments and adjacent areas.
(2)
To provide natural visual screening of parking areas
and along the property boundaries to preserve the existing visual
quality of adjacent lands.
(3)
To reduce surface runoff and minimize soil erosion
through the natural filtering capability of landscaped areas.
(4)
To provide natural buffers that reduce glare and noise.
(5)
To moderate the microclimate of parking areas by providing
shade, absorbing reflected heat from paved surfaces and creating natural
wind breaks.
(6)
To enhance the overall visual quality of new development
by providing a variety of plant materials that are consistent and
compatible with the existing natural vegetation of the area.
B.
Parking lot standards.
(1)
Off-street parking and loading areas shall be curbed
and landscaped with appropriate trees, shrubs and other plant materials
and ground cover, as approved by the Planning Board based upon consideration
of the adequacy of the proposed landscaping, to assure the establishment
of a safe, convenient and attractive parking facility needing a minimum
amount of maintenance, including plant care, snowplowing and the removal
of leaves and other debris. These standards shall apply to all proposed
site plans except for parking spaces accessory to a single- or two-family
dwelling.
(2)
At least one tree, not less than three inches in caliper
measured three feet above ground level at time of planting shall be
provided within such parking area for each 10 parking spaces. In all
off-street parking areas containing 25 or more parking spaces, at
least 10% of the interior of the parking area shall be curbed and
landscaped with trees, shrubs and other plant material.
(3)
Raised or partially raised planting islands, at least
eight feet in width, shall be provided to guide vehicle movement and
to separate opposing rows of parking spaces so as to provide adequate
space for plant growth, pedestrian circulation and vehicle overhang.
Such raised planting islands and the landscaping within them shall
be designed and arranged in such a way as to provide vertical definition
to major traffic circulation aisles, entrances and exits, to channel
internal traffic flow and prevent indiscriminate diagonal movement
of vehicles and to provide relief from the visual monotony and shadeless
expanse of a large parking area. Curbs of such islands shall be designed
so as to facilitate surface drainage and prevent vehicles from overlapping
sidewalks and damaging landscaping materials.
(4)
No obstruction to driver vision shall be erected or
maintained on any lot within the triangle formed by the street line
of such lot, the outer edge of the access driveway to the parking
area and a line drawn between points along such street line and access
drive 30 feet distant from their point of intersection.
(5)
All self-propelled maintenance equipment, including
accessories, shall be stored in enclosed structures only, which structures
shall conform to the architectural theme of the development.
C.
Screening and buffer area standards. All disturbed
portions of multifamily and nonresidential properties which are not
used for buildings, structures, off-street parking and loading areas,
sidewalks or similar purposes shall be suitably landscaped and permanently
maintained with the planting of trees and shrubbery, as approved by
the Planning Board as part of the site plan, so as to minimize erosion
and stormwater runoff and harmoniously blend such uses with the residential
character of the Town as a whole.
(1)
Buffer area.
(a)
On all multifamily and nonresidential developed
properties, a landscaped buffer area shall be required to screen and
protect neighboring residential properties from the view of uses and
parking areas on the site. It shall be:
[1]
At least 20 feet in depth along any lot line
abutting or directly across the street from a lot in a residential
district.
[2]
Of evergreen planting of such type, height and
spacing as, in the judgment of the Planning Board, will effectively
screen the activities on the lot from view of persons standing on
adjoining properties. The plan and specifications for such planting
shall be filed with the approved plan for the use of the lot.
(b)
A wall or fence of location, height and design
approved by the Planning Board may be substituted for the required
planting.
(2)
Modifications. Where the existing topography and/or
landscaping provides adequate screening, the Planning Board may modify
the planting and/or buffer area requirements.
(3)
Maintenance. All planting shown on an approved site
plan shall be maintained in vigorous growing condition throughout
the duration of the use, and plants not so maintained shall be replaced
with new plants at the beginning of the next immediately following
growing season.
(4)
New planting. All new plant material shall be consistent
and compatible with the existing vegetation of the site and the surrounding
area. Plant materials judged to be inappropriate by the Planning Board
will not be approved.
D.
Submission requirements. Landscaping plans shall be
included with the final site plan submissions and shall consist of
the following:
(2)
Final landscaping plan:
(a)
All proposed physical improvements such as buildings,
walls, parking areas, sidewalks, etc.
(b)
Proposed landscaping materials, including:
[1]
The existing vegetation to remain.
[2]
The types of new plant materials identified
by common name and botanical name.
[3]
The sizes of all new plant materials by height
and/or diameter.
[4]
The quantities of each of the planting materials.
[5]
The treatment of ground surfaces (paving, seeding,
ground cover).
[Added 6-3-2021 by L.L. No. 2-2021]
A.
Objective. The Route 22 Corridor from the terminus of Interstate
684 to the Patterson Town line is a gateway to the Town of Southeast.
A consistent landscaping approach is an important solution to tie
the disparate architecture along Route 22 together.
B.
Rural zone. The rural zones are defined as the segments of Route
22 from the terminus of Interstate 684 to its intersection with Milltown
Road and the northernmost intersection with Old Doansburg Road to
the Patterson Town line. Within the rural zones, an emphasis should
be placed on preserving and enhancing the rural landscape. Landscaping
should incorporate the following features:
C.
Transitional zone. The transitional zones are defined as the segment
of Route 22 from its intersection with Milltown Road to its intersection
with Clocktower Commons Drive, and its intersection with Route 312
to its northernmost intersection with Old Doansburg Road. Within the
transitional zones, an emphasis should be placed on connecting outlying
residential areas to the commercial core. Landscaping should incorporate
the following features:
D.
Commercial zone. The commercial zone is defined as the segment of
Route 22 from its intersection with Clocktower Commons Drive to its
intersection with Route 312. Within the commercial zone an emphasis
should be place on the pedestrian experience. Landscaping should incorporate
the following features:
(1)
Require sidewalks and pedestrian connections between developments.
(2)
Maintain a landscaped buffer between sidewalks and Route 22
where feasible.
(3)
Formal entrance plantings at driveways on Route 22, including
the use of annuals and seasonal displays.
(4)
No more than twenty-five (25%) of a property's road frontage
may be stormwater management basins.
(5)
Street trees at regular intervals, and a caliper of no less
than 2.5 inches at the time of planting.
E.
Guiderails. Where necessary, all guiderails should be steel-backed
timber.
F.
Preferred plantings.
(2)
Preferred native shrubs and small trees.
(a)
Bayberry — Myrica pensylvanica.
(b)
Blueberry highbush — Vaccinium corymbosum.
(c)
Chokeberry — Aronia.
(d)
Hydrangeas — Hydrangea querifolia or Hydrangea macrophylla.
(e)
Inkberry — Ilex glabra.
(f)
Junipers — Juniperus Bar Harbor or Juniperus communis.
(g)
Ninebark — Hysocarpus.
(h)
Redbud — Cercis canadensis.
(i)
Serviceberry — Amelanchier laevis.
(j)
Summersweet — Clethra alnifolia.
(k)
Winterberry — Ilex verticillate.
(l)
Witch hazel — Hamamelis x intermedia.
(4)
Preferred native perennials.
(a)
Aster (New York or New England) — Aster nova-belgii or
novae angliae.
(b)
Bee balm — Monarda.
(c)
Black-eyed Susan — Rudbeckia.
(d)
Bluestar — Amsonia tabernaemontanta.
(e)
Cone flower — Echinacea.
(f)
Coral bells — Heuchera americanea.
(g)
Goldenrod — Solidago.
(h)
Yarrow — Achillea millefolium.
