The Town of Wawarsing Planning Board is authorized, in accordance
with §§ 274-a and 274-b of the New York State Town
Law, to review and approve, approve with modifications or disapprove
site plan applications. Site plan review shall be required for all
special use permits and such other uses as set forth in this chapter.
The following procedures shall apply to these reviews.
An applicant may submit a preliminary site plan for review and
advice by the Town of Wawarsing Building Department and Planning Board.
Such a preliminary site plan should provide locations and dimensions
of the proposed use in relation to the property boundaries and adjacent
uses. It should also indicate all accesses and improvements both existing
and proposed and any site features which could have a bearing on the
project including the general topography and existing ground cover.
Should such preliminary site plan involve one-time additions of less
than 10% and 200 square feet in gross floor area or accessory uses
or structures, the Building Department may review and approve the
site plan on its own. If these thresholds are exceeded, however, the
site plan shall be referred to the Planning Board. If referred to
the Planning Board, this preliminary plan shall be used by such Board
as a basis for advising the applicant regarding information it shall
require on the site plan before it conducts a public hearing or takes
any action with respect to the plan. The Planning Board shall give
no approval or disapproval regarding any preliminary site plan but
may use it to schedule a public hearing if sufficient data is available,
determine if any provisions of this article should be waived or begin
its review of the application under the New York State Environmental
Quality Review Act (SEQRA).
The Planning Board shall be under no obligation to schedule
a public hearing or take any action with respect to a site plan review
until formal application has been made on forms provided by the Board
and a complete site plan providing the following information has been
submitted to the satisfaction of the Board. The Planning Board, in
its discretion, may allow for the below features to be shown for the
portion of the property to be developed, and extending 200 feet therefrom.
The site plan shall be drawn at a scale no smaller than one inch equals
50 feet, and shall also contain the below information:
A. A location map, at a scale no smaller than one inch equals 2,000
feet.
B. The name of the property owner, the address of the property, the
Tax Parcel Section/Block/Lot number, the applicant, the design professional
that prepared the plan, the zoning district within which the property
is located, and all applicable districts (fire, school, lighting,
etc).
C. An identification of the proposed use, and a bulk table showing the
bulk requirements for the applicable zoning district within which
the property is located, and the dimensions of the property. The bulk
table shall identify any variances that may be required.
D. Existing and proposed contours of the site, with two-foot contours,
and the limits of disturbance clearly outlined. The datum used for
elevations. Where required, spot elevations shall be provided.
E. The location of all existing watercourses, wetlands, floodplains,
steep slopes, wooded areas, rights-of-way, roads, structures or any
other significant man-made or natural feature.
F. The proposed development, including location, use and floor or ground
area of each proposed building, structure or any other land use, including
retaining walls, lighting, stormwater management, sewage disposal
and water supply system plans. These and other site plan features
shall also be superimposed on an existing aerial photograph of the
site.
G. The location of all significant landscaping and ground cover features,
both existing and proposed, including detailed planting plans and
an accurate visual depiction or rendering of the final appearance
of the property after all landscaping and other physical improvements
are completed. A landscaping schedule will be included, with the type,
quantity, and species to be installed, including the planting size,
and details for planting.
H. The location, dimensions and capacity of any proposed roads, off-street
parking areas or loading berths with parking calculation, including
typical cross-sections for all paving or regrading involved.
I. The location and design of proposed entrances and exits to public
rights-of-way, including traffic signals, channelizations, acceleration
and deceleration lanes, widenings or any other measure having an impact
on traffic safety conditions.
J. The location and identification of proposed open spaces, parks or
other recreation areas.
K. The location and design of buffer areas and screening devices to
be maintained.
L. The location of trails, sidewalks, walkways and all other areas proposed
to be devoted to pedestrian use.
M. The location of public and private utilities, including maintenance
facilities.
N. The specific locations of all signs existing and proposed and dimensions,
including a visual depiction of the latter.
O. Architectural plans for the proposed buildings or structures, indicating
typical floor plans, elevations, height and general design or architectural
styling.
P. A completed SEQRA environmental assessment form.
Q. A stormwater pollution prevention plan (SWPPP), if required.
R. A written description of all project elements, including number of
employees and other relevant data.
S. Lighting details showing locations of luminaries, mounting heights
and shielding details.
T. Any other information or studies required by the Planning Board which
are necessary to determine compliance with the provisions of this
chapter.
The Town of Wawarsing Planning Board may, pursuant to § 274-a(5)
of the Town Law, waive the submission of any site plan elements, where
such waiver will not impact the public health, safety, or general.
Any such waiver shall be subject to the following conditions:
A. No waiver shall result in allowing a use not permitted within the
applicable zoning district.
B. No waiver shall be given with respect to standards outside the scope
of this article which would otherwise require a variance from the
Zoning Board of Appeals.
C. Waivers shall be limited to those situations where the full application
of the requirements contained herein would generate unnecessary data
with regard to deciding the matter at hand, due to the scope or nature
of the project involved. The proposed enclosure of a deck or a simple
change of use with no significant structural modifications in the
case of a commercial property, for example, might not require typical
cross sections for proposed regrading or water supply data.
D. An applicant for site plan approval who desires to seek a waiver
of certain of the above-referenced requirements pertaining to such
applications shall submit a preliminary site plan as provided above.
The Planning Board shall review the preliminary site plan, provide
its substantive comments and determine if any additional site plan
information is required. The Planning Board shall consider such site
plan as adequate when, in its judgment, the information submitted
is sufficient to make a determination of compliance with the development
standards contained herein and the intent of site plan review criteria
found below.
E. The Planning Board is not authorized to waive State Environmental
Quality Review requirements.
A. At its option, the Planning Board may hold a public hearing on a
site plan.
B. Public hearing. Where the Planning Board holds a public hearing,
it shall conduct same within 62 days from the day a complete application
is received. Notice of the hearing shall be printed in a newspaper
of general circulation in the Town at least five days prior to the
date thereof. The Planning Board shall decide upon the application
within 62 days after the close of the public hearing. The time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Board.
C. Notice to applicant and Ulster County Planning Department. At least
10 days before such hearing, the authorized board shall mail notice
thereof to the applicant and to the Ulster County Planning Department
as required by § 239-m of the General Municipal Law of the
State of New York, which notice shall be accompanied by a full statement
of such proposed action, as defined in § 239-m of the General
Municipal Law.
D. SEQRA. The Planning Board shall comply with the provisions of the
State Environmental Quality Review Act under Article 8 of the New
York State Environmental Conservation Law and its implementing regulations.
E. Decision. The decision of the Planning Board on the site plan application
after the holding of the public hearing 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.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a proposed site plan which conditions shall be met either prior
to signing of the site plan, issuance of a building permit, or issuance
of a certificate of compliance. Such time frames shall be set forth
in the decision. These conditions may include requirements of the
applicant to provide parkland or to provide fees in lieu thereof pursuant
to § 274-a(6) of the New York State Town Law for all new
dwelling units.
The Planning Board is authorized to refer a site plan application
to other agencies, groups or professionals retained by the Town for
review and comment and to charge the applicant fees for any reasonable
expenses connected therewith.
Any person aggrieved by any decision of the Planning Board or
any officer, department, board or bureau of the Town may apply to
the Supreme Court for review by a proceeding under Article 78 of the
Civil Practice Law and Rules.
The site plan as approved by the Planning Board shall be binding
upon the applicant. Any changes from the approved plan shall require
application and approval of a site plan amendment by the Planning
Board. The site plan shall remain effective for a maximum of two years
from the date of approval unless the Planning Board shall have granted
an extension upon request by the applicant, which request shall be
received prior to the expiration of the site plan decision. Any request
shall be submitted, in writing, by the applicant at least 31 days
prior to the expiration. Absent the Planning Board approving an extension,
a site plan approval shall be deemed to have expired. The Planning
Board, in its discretion, may approve up to four extensions, each
no longer than six months.
The Planning Board, in reviewing a site plan, shall consider
its conformity to the Town of Wawarsing Comprehensive Plan and the
various other plans, laws and ordinances of the Town. Conservation
features, aesthetics, landscaping and impact on surrounding development
as well as on the entire Town shall be part of the Planning Board
review. Traffic flow, circulation and parking shall be reviewed to
ensure the safety of the public and of the users of the facility and
to ensure that there is no unreasonable interference with traffic
on surrounding streets.
The Planning Board shall determine whether a site plan meets
the following standards, in addition to any other standards set forth
in this chapter:
A. The proposed use shall be of such location, size, and character that
it will be in harmony with the appropriate and orderly development
of the district in which it is proposed to be situated and shall not
be detrimental to the site or adjacent properties in accordance with
the zoning classification of such properties. The Planning Board shall
determine whether the proposed use meets the intent of this chapter
and the intent of the zoning district in which the use is proposed.
The Planning Board may require a reduction in the size, intensity
or density of the use to ensure the standards set forth herein are
met. In this regard, the Board may consider, without limitation, lighting,
noise, outdoor storage, visual character, site design, and architectural
character. The Planning Board may require the submission and approval
of a photometric plan, noise impact analysis, visual impact analysis,
floor plans and building elevations to make this determination.
B. The location and size of such use, the nature and the intensity of
the operations involved in or conducted in connection therewith, its
site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous.
The Planning Board may specifically require the submission of a traffic
impact analysis to make such determination.
C. Roadway improvements which are necessary and/or proposed to mitigate
project-related traffic impacts shall be such that they do not negatively
impact the character of the neighborhood in which they are located.
D. Traffic access shall be designed so that local roadways through residential
neighborhoods are not impacted by the diversion of traffic from more
congested main roadways as a result of the proposed access design
and the additional traffic volume generated by the proposed special
permit use.
E. Proposed off-street parking and loading facilities shall be of adequate
size for the particular use, properly and safely located and designed,
and suitably/screened from adjoining residential and other uses, and
the entrance and exit drive(s) shall be designed to achieve maximum
convenience and safety.
F. The location and height of the buildings, the location, nature and
height of walls and fences, and the nature and extent of landscaping
on the site shall be such that the use will not hinder or discourage
the development and use of adjacent land and buildings. The Planning
Board may specifically require submission of a landscape plan to make
such determination.
G. The site as developed will not require such additional public facilities
or services or create fiscal burdens upon the Town greater than those
which characterize uses permitted by right and will not require such
facilities or services that are greater than current or anticipated
levels. The Planning Board may consider, if and as applicable, whether
the proposed use will provide economic benefits to the Town and its
residents and, at the same time, will avoid adverse economic impacts
to same. The Planning Board may require a fiscal impact analysis to
make such determinations.
H. The physical characteristics of the site, including its soils, vegetation,
topography, wetlands and other environmental features and physical
characteristics, shall be such that the land will be suitable and
conducive to the orderly, safe and appropriate development of the
proposed use, including its proposed design and location on the site,
its proper buffering from surrounding properties and land uses, and
the protection provided for environmental features, including wetlands,
steep slopes, and important vegetation, including mature woodlands
and specimen trees. The Planning Board may require submission of wetland
surveys and reports, and ecological studies to make this determination.
I. The proposed improvements, including design and location on the site,
will not create a hazard to life, limb or property because of fire,
flood, or panic, or by its inaccessibility for the safe and convenient
entry and operation of fire and other emergency apparatus, or by the
overcrowding of land or undue concentration or assemblage of persons
within such or upon such property.
J. The proposed improvements, including design and location on the site,
shall not impact groundwater resources. The Planning Board may require
submission of a hydrologic study or other report to ensure this standard
is met.
K. Facilities for the treatment, removal or discharge of sewage, refuse
or other effluent, whether liquid, solid, gaseous or otherwise, that
will be generated by the proposed development will be adequate for
such purpose. The Planning Board may require submission of a wastewater
study to ensure this standard is met.
L. All applicable zoning standards as set forth herein, including general commercial and industrial standards set forth in §
112-23, shall be met.
M. The operation of the proposed use shall not overburden or otherwise
interfere with the enjoyment of neighboring parks, recreational facilities
or other open space areas.
N. The safety, health, and welfare of the Town will not be adversely
affected by the proposed site plan and its proposed location on the
site.
A. Supersession of statutory provisions. This section shall, pursuant
to the supersession authority granted by the Municipal Home Rule Law,
supersede, in its application to the Town of Wawarsing, the provisions
of §§ 274-a, 276 and 277 of the Town Law of the State
of New York relating to the limitation upon the authority of a Town
to require the posting of a performance bond or other form of security
in connection with the approval of a land subdivision plat to extend
such authority to Planning Board approvals of commercial and residential
site plans in accordance with the provisions of § 274-a
of the Town Law.
B. Legislative intent. In order to ensure that once a project has been
started it shall not be abandoned, partially completed or left in
a state which will cause erosion of the soil, improper drainage or
any other condition which will result in the deterioration or devaluation
of the surrounding land or neighborhood, and in order to ensure that
while under construction the workmanship and materials used shall
promote the long life of the project and the health, safety and welfare
of the future users of the subject premises and surrounding areas,
the Town Board of the Town of Wawarsing has determined it to be a
proper exercise of authority conferred upon it by the laws of the
State of New York to require the posting of adequate security for
the performance of necessary site improvements contemplated in connection
with a residential or commercial site development.
C. Procedure.
(1) Prior to or contemporaneously with the grant of final site plan approval for a particular project, the Planning Board, in considering the recommendation of the engineering authorities available to it, shall establish the amount of performance security to cover the full cost of the required site improvements as shown on such final site plan as enumerated in Subsection
D hereof. The Planning Board shall make a referral of the matter regarding the establishment of the amount of performance security of a particular project to the Town Board, which referral shall include its recommendation as to the amount of such performance security. The performance security shall become effective only if and when the Town Board shall have approved it as to form, sufficiency of surety and manner of execution.
(2) The performance security shall be in the amount approved by the Town
Board in the form of a performance bond issued by a surety company
licensed in the State of New York; a letter of credit issued by a
federally or state-chartered financial institution; or a savings passbook,
money market account or certificate of deposit naming the Town of
Wawarsing as joint tenant.
(3) Such performance security, if in the form of a performance bond or
letter of credit, shall run for a term to be fixed by the Planning
Board, but in no event for a term longer than three years; provided,
however, that the term of such security may be extended by the Planning
Board with the consent of the parties thereto. In the event that such
security is in the form of a letter of credit, such a letter of credit
shall contain a provision requiring automatic renewal thereof unless,
not less than 30 days prior to its expiration, the Town of Wawarsing
is given written notice of the issuing institution's intention not
to renew such letter of credit.
(4) The performance security in the full amount established by the Town
Board shall be posted with the Town Clerk upon grant of final site
plan approval. No building permits shall be issued for and no site
preparation work shall be commenced on the subject premises unless
and until the necessary performance security has been posted.
(5) A duly designated official of the Town shall inspect the improvements
during construction to assure their satisfactory completion. An inspection
fee of 5% of the performance bond amount shall be posted by the applicant
to cover the cost of required inspections.
(6) During the course of construction, the performance security may be
reduced, in the sole discretion of the Town Board upon the recommendation
of the Planning Board, to an amount certified by the Town Engineer
or the Town's consulting engineer to be the probable cost of completion
of the remainder of the required site improvements, but in no event
shall such amount be reduced to less than 50% of the original amount
of the performance security.
(7) The performance security shall be released or reduced only by the
Town Board and only upon recommendation of the Planning Board after
certification by the Town Engineer or the Town's consulting engineer
that all or part of the required site improvements have been completed
in conformance with the approved final site plan and all applicable
regulations.
D. Site improvements subject to bonding. The following items are considered
essential to the principles stated above and shall be included in
the amount of the performance security to be set:
(1) Site grading, including replacement of topsoil and seeding, and including
necessary structural features such as retaining walls and ground cover.
(2) Drainage, including waterways, conduits and all necessary appurtenances
and structures.
(3) Water and sewer systems, including all wells, conduits, structures
and appurtenances as may be required by those government agencies
having final jurisdiction for approval of those systems.
(4) Foundation course, pavement, curbs and sidewalks for all roads, drives,
parking areas and walkways.
(5) Lighting, including all necessary wiring, structures and appurtenances.
(6) Landscaping, including all shrubs, trees and screening as may be
required to ensure that the final site condition meets with the planning
and zoning concepts expressed in the Comprehensive Plan of the Town
of Wawarsing and this chapter, as well as all drainage and soil erosion
measures required to protect the site.
(7) The Planning Board shall have the discretion to require only a restoration
bond be posted, should it be deemed sufficient to protect the Town's
interests. In the event a restoration bond is posted, the inspection
fee to be deposited by the applicant shall be 5% of the full performance
bond amount otherwise required by this section.
E. Phased projects. In the event that a particular site plan is to be
constructed in sections or phases, the Planning Board, in its sole
discretion, taking into consideration the importance of the entirety
of the site improvements on the section or phase to be constructed,
may recommend to the Town Board that the performance security be posted
for only so much of the project as is going to be constructed in a
particular phase or section; provided, however, that no building permits
shall be issued for and site work shall be conducted on any future
phase or section unless and until the required performance security
is established for such future phase or section and properly posted
in accordance with the provisions of this section.
F. Default. In the event that any required site improvements have not
been installed as provided in this section within the term of the
performance security, the Town Board may thereupon declare said performance
security to be in default and collect the sum remaining payable thereunder,
and, upon receipt of the proceeds thereof, the Town shall install
such improvements as are covered by such security and are commensurate
with the extent of building development that has taken place on the
site. In the event that no building has taken place but site preparation
has taken place, the proceeds of the security shall be used, to the
extent practicable, to restore the site to its original state and
avoid erosion and adverse drainage conditions.