A.
Prior to preliminary
site plan approval, the applicant shall first have a sketch plan review
with the Town Planning Board. The sketch plan review shall be conducted
at a regularly scheduled meeting of the Town Planning Board but shall
not be a public hearing. The purpose of the sketch plan review shall
be to present to the Town Planning Board, for initial review, discussion
and comment, a design concept or plan for the development of a parcel
or parcels of land within the Town. During the review, the applicant
and the Planning Board shall review and discuss the basic site design
concept and generally determine the information to be required and
provided on the preliminary site plan. No formal action shall be taken
on the plan or the application at the time of the sketch plan. At
the sketch plan review, the applicant should provide a written statement
outlining the proposed project, along with a conceptual design sketch
and the following additional information:
(1)
General location
of the site with respect to existing and proposed streets and rights-of-way,
buildings and other facilities and natural features.
(2)
Specific identification
of all properties, subdivisions, and streets within 200 feet of the
parcel.
(3)
General identification
of all existing utilities in the area.
(4)
Identification
of internal streets or traffic circulation patterns, if any, of the
proposed development.
(5)
The location
of all existing and proposed structures on the site and designated
uses for each.
(6)
Identification
of existing zoning classification(s) of the property and all adjacent
properties and any restrictions on land use of the site.
(7)
Identification
of existing natural features on the site.
(8)
A map of site
topography at no more than five-foot contour intervals. If general
site grades exceed 5% or portions of the site have susceptibility
to erosion, flooding or ponding, a soils overlay and a topographic
map showing contour intervals of not more than two feet of elevation
shall be provided.
B.
Following the
sketch plan conference, the Town Planning Board may suggest to the
applicant changes in the preapplication sketch involving street layouts,
traffic patterns, access building sizes, shapes and/or locations,
landscaping techniques, preservation of natural features or other
matters which, in the opinion of the Board, would improve the site
design concept.
A.
All preliminary
applications for site plan approval shall be made in writing on the
appropriate forms and shall include, as required by the Town Planning
Board and/or the Town Department of Public Works, drawings, maps or
other relevant data containing any or all of the following information.
(Maps and drawings submitted as a part of preliminary site plan approval
applications shall be prepared by a licensed engineer, architect,
landscape architect or surveyor and certified by the seal and signature
of such engineer, architect or surveyor.)
[Amended 5-7-2004 by L.L. No. 1-2004;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
A drawing
title block, indicating the name and address of the applicant and
the person responsible for the preparation of such drawing.
(2)
The North
arrow, scale, original date and last revision date for all maps.
(3)
An area or
location map showing that portion of the applicant's property under
consideration, the applicant's entire adjacent holdings and all properties,
subdivisions, streets and easements within 200 feet of the applicant's
property.
(4)
Identification
of the boundaries of the property plotted to scale and the dimensions
of the site and total acreage.
(5)
The location,
design and construction materials of all energy distribution facilities,
including electrical, gas and solar energy; descriptions of provisions
for solar energy use, energy conservation or other environmental design
techniques.
(6)
Current zoning
of the property and any proposed zoning changes.
(7)
The location
of existing watercourses.
(8)
A grading and drainage plan showing existing and proposed contours and methods of on-site drainage and/or water retention in accordance with Chapter 159 of the Town Code.
(9)
The location,
setbacks, heights and proposed use for all buildings and structures.
(10)
Floor plans
and elevations for all nonresidential buildings.
(11)
The location
of any docks, piers, moorings or similar accessory structures.
(12)
The location,
design and traffic circulation patterns for all parking areas and
truck delivery areas, showing all ingress and egress points, driveways,
drive aisles, etc.
(13)
The location
and size of all curb cuts.
(14)
A description
of provisions for pedestrian access and circulation, including sidewalks,
handicapped parking areas and ramps, crosswalks and pavement markings,
including any easements for public access along shoreline areas.
(15)
The size,
nature and location of any outdoor storage area and the location of
any outdoor fencing, including size, height and type of construction.
(16)
The location,
design and construction materials of all existing or proposed site
improvements such as drains, culverts, retaining walls, outdoor storage
tanks, retention ponds, air-conditioning units and waste disposal
units, etc.
(17)
A description
of the method of sewage and stormwater disposal and the location,
design and construction materials of such facilities.
(18)
A description
of the method of securing public water and the location, design and
construction materials of such facilities.
(19)
The location
of fire lanes and other emergency zones, including the location of
all existing and proposed fire hydrants.
(20)
The location,
size, design and construction material of all proposed signs.
(21)
The location
and proposed development of all buffer areas, including existing and
proposed vegetative cover, and the location of all existing stands
of trees on the site.
(22)
The location
and design of outdoor lighting facilities (nonresidential only).
(23)
A designation
of the amount of building area to be used for retail sales or similar
commercial activity, if any, and an estimate of the maximum number
of employees to be on the site at any one time.
(24)
A general
landscaping plan and planting schedule, including the location and
types of trees and shrubbery to be planted.
(25)
An identification
of all additional Town, county, state and federal permits, private
easements or agreements, variances and/or other approvals that are
necessary in order to complete the project as proposed and applications
for all development permits required, if any, under the provisions
of the zoning regulations of the Town Environmental Protection Overlay
Districts.[1]
(26)
Temporary
and permanent provisions for controlling erosion from the site.
(27)
A description
of on-site soils as available in the Monroe County Soils Survey.
(28)
Any other
data, information, maps or drawings that are deemed necessary by the
Town Planning Board and/or Town Department of Public Works in order
to make a decision regarding the application for preliminary site
plan approval.
(29)
For site
plan review applications for development proposed within 500 feet
of the Irondequoit Bay or Lake Ontario shoreline, a soil survey shall
be required containing the following information:
(a)
A two-foot
contour map at a scale of one inch equals 200 feet or larger.
(b)
One soil
boring 48 inches deep or deeper per two acres of development.
(c)
One deep
hole pit eight feet deep or deeper per 10 acres of development (at
least one pit per development site).
(d)
A map
showing the locations of soil borings and deep hole pits.
(e)
A map
showing separation of intensive soil map units (soil map).
(f)
Soil descriptions,
unless keyed to county soil survey descriptions.
(g)
A log
of soil borings and deep hole pits.
(h)
A summary
letter written and signed by a professional soil scientist.
(30)
For all
properties west of Bay Road and all properties north of Lake Road,
a visual analysis of the proposed development site which identifies
all significant scenic views and vistas and a cultural resource analysis
of the site which identifies all significant historic, architectural,
archaeological or other cultural buildings or structures. The visual
EAF addendum prepared by the New York State Department of Environmental
Conservation shall be used to supply information for the visual impact
analysis required above.
(31)
The location,
name, width and design of existing and proposed streets.
(32)
The length
of street straight lines, deflection angles, radii, length of curves
and control angles of curves, tangent distances and bearings for each
street.
(33)
A typical
cross section of street and sidewalk showing character, width and
depth of pavement and subbase.
(34)
The location
of manholes, curbs and gutters and underground conduits.
(35)
Evidence
of a permit to tie it into county or state roads.
(36)
All dimensions
and angles of lot lines in feet and decimals thereof.
(37)
All lots
are to be numbered.
(38)
The size
and location of proposed water mains, hydrants and valves and connection
with existing water supply.
(39)
(Reserved).
(40)
Dedicated
utilities to be outside of the paved areas.
B.
A letter of intent
prepared by the applicant or his designated representative or agent
shall accompany the preliminary site plan application and shall include
a statement outlining the proposed project, the owner of the property
and any proposed building, the project builder or contractor, if known,
a proposed construction schedule, the principals involved in the financing
of the project and any other information deemed necessary by the Town
Department of Public Works. Such additional information may include
data on the nature and legal status of existing or proposed easements,
a description of all deed restrictions or covenants applicable to
the property, etc.
C.
Appropriate fees
to cover the costs of processing the application for preliminary site
plan approval shall accompany the application and shall be paid to
the Town Clerk upon filing with the Town Planning Board. Such fees
shall be established by the Town Board by resolution, may from time
to time be changed by the Board and shall not be refundable.
The Town Planning Board's review of a preliminary
site plan application shall include but shall not be limited to the
following considerations:
A.
The adequacy and
arrangement of pedestrian access and circulation into and through
the site (including separation of pedestrian and vehicular traffic),
the location and design of walkway structures, control of intersections
where vehicular and pedestrian traffic converge and overall pedestrian
convenience and safety in the site, and the adequacy of facilities
designed to assist handicapped persons using the facility.
B.
The adequacy and
arrangement of vehicular access and circulation into and through the
site (including separation of pedestrian and vehicular traffic) and
the location and design of driveways, drive aisles and curb cuts.
C.
The adequacy,
type and arrangement of trees, shrubs and other landscaping on the
site for use as visual and/or noise-deterring buffers between adjoining
land uses or as natural design elements to enhance the aesthetic aspects
of the project.
D.
In the case of
an apartment building, townhouse or other form of multifamily dwelling,
the adequacy of usable open space areas for playgrounds and/or other
recreational facilities.
E.
The adequacy,
location and design of parking facilities, loading and unloading areas
and docking facilities.
F.
The adequacy of
stormwater and drainage facilities.
G.
The location,
arrangement, size and design of buildings, exterior lighting and signage.
H.
The adequacy of
water supply to the site and sewage and refuse disposal facilities.
I.
The protection
of solar access on adjacent or neighboring properties.
J.
The protection
of adjacent properties and the general public against noise, glare
and unsightliness or other objectionable influences.
K.
The adequacy of
structures, roadways and landscaping in areas with moderate to high
susceptibility to flooding and pooling and/or erosion.
L.
Proposed grading
of the site.
M.
The adequacy of
all temporary and permanent provisions to control erosion from the
site, maintain existing vegetation and wildlife habitats within the
site, deal with peculiar soil types on the site and other similar
site environmental problems.
N.
The adequacy,
design and location of fire lanes, emergency access zones or other
similar areas intended to provide ingress and egress for emergency
vehicles and the adequacy and location of fire hydrants.
O.
Provisions for
snow storage and/or removal.
P.
The proposed construction
scheduled or phasing of the project and its relationship to overall
project design.
Q.
General project
conformance with accepted planning, engineering and site design standards
and criteria.
R.
The adequacy,
location and design of shoreline/erosion protection structures.
S.
The adequacy,
size, location and design of boat docking facilities, fishing piers,
slips, catwalks, boat launching ramps and other similar facilities.
T.
The adequacy of
provisions for pedestrian access to the shore zone for particular
sites.
U.
The aesthetic
and architectural qualities of the proposed project, particularly
building styles and construction materials used, as they relate to
any unique characteristics of a particular site and the surrounding
natural environment.
V.
The compliance
of the plan to the design guidelines, as much as pertinent, as adopted
by the Town Planning Board.
W.
If requested,
the applicant may be required to work with the Planning Board's architectural
consultant.
[Added 5-7-2004 by L.L. No. 1-2004]
A.
The Town Planning
Board shall conduct a public hearing on the proposed preliminary site
plan. Such public hearing shall be conducted within 62 days of the
date of receipt of the application for preliminary site plan approval.
[Amended 6-3-2021 by L.L. No. 5-2021]
(1)
Proper notice of a public hearing before any board
shall be given by legal notice published in the official newspaper
of the Town of Webster, at least five days before the date set for
a public hearing, as required by § 274-a of the Town Law.
(2)
Those submitting site plan applications before
the Planning Board shall be required to post a Town-provided sign
in a publicly conspicuous location on or in front of the front property
line of the property affected. Said sign shall notify the public of
a pending application and hearing and shall be posted not less than
10 days prior to and up to the date of the hearing. Such sign shall
be provided by the Town and/or its designee and shall be removable
by the Town and/or designee within five days after the hearing is
concluded.
B.
Prior to the approval
of any development application by the Town Planning Board, the Town
Department of Public Works shall review such application and make
recommendations to the Board concerning the project. Such recommendations
shall include an identification of any variances required for the
project and/or possible problems with the general site plan design,
parking or building layouts, ingress or egress, building density or
setbacks, pedestrian and vehicular circulation and other land use,
site design, zoning or environmental problems or concerns. Such recommendations
may also include possible alternative design solutions. The Town Department
of Public Works shall be responsible for coordinating all other Town
permit procedures necessary for any given project or proposed development,
including the Town environmental quality review process and the procedures
for obtaining development permits within Environmental Protection
Overlay Zoning Districts.
C.
The Town Planning
Board shall be responsible for referring, as necessary or required,
any development project to the various departments or agencies prior
to any final action being taken by the Town Planning Board on the
application. The Town Planning Board shall also be responsible for
referring certain site development plans to the Monroe County Department
of Planning for a report in accordance with the provisions of § 239-m
of the General Municipal Law and to neighboring municipalities in
accordance with the provisions of § 239-nn of the General Municipal
Law prior to any final action being taken on the application by the
Town Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Within 62 days of the public hearing held in accordance with Subsection A of this section, the Town Planning Board shall act on it. If no decision to deny such an application is made within said sixty-two day period, and upon completion of all other requirements by the applicant, the preliminary site plan shall be considered approved. The sixty-two day time limit for action on the preliminary site plan may be extended by mutual consent or agreement of the Town Planning Board and the applicant.
[Amended 5-7-2004 by L.L. No. 1-2004;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
The Town Planning
Board may approve an application for site plan review when, based
on the information presented at the public hearing, it has determined
that the project will adequately and appropriately address the considerations
and criteria listed above. The Town Planning Board may place reasonable
restrictions or stipulations on such applications in order to ensure
that the project will adequately and appropriately address the considerations
and criteria listed above.
F.
The Planning Board's
decision shall refer to a specific site plan drawing by date and number
and may include recommendations of desirable modifications to be incorporated
into the final site plan. Conformance with said modifications shall
be considered a condition of project approval. If the preliminary
site plan is disapproved, the Planning Board's decision shall clearly
state the reasons for such denial. In such case, the Planning Board
may recommend further study of the site plan and resubmission to the
Board after it has been revised or redesigned.
A.
After receiving
preliminary approval, with or without modifications, 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
a final detailed site plan and submit it to the Planning Board for
approval. If more than six months has elapsed since the time of the
Planning Board's action on the preliminary site plan or if the Planning
Board finds that conditions may have changed significantly in the
interim, the Planning Board may a require a resubmission of the preliminary
site plan and an additional public hearing for further review and
possible revision prior to accepting the proposed final site plan
for review.
B.
The final detailed
site plan shall conform substantially to the preliminary site plan
that has received preliminary site plan approval. It shall incorporate
any revisions or other features that may have been recommended by
the Planning Board at the preliminary review. In addition to that
provided elsewhere in this chapter, the Planning Board may require
a letter of credit, bond or maintenance bond for any facility or improvement
that is indicated as part of the plan, such as parking areas and buffer
and screen devices. All such compliances shall be clearly indicated
by the applicant on the appropriate submission.
C.
In addition to
final detailed site plans, the following additional information shall
accompany an application for final site plan approval:
D.
There shall be
no additional fee required for review of an application for final
site plan approval. Such review shall take place at a regularly scheduled
meeting of the Town Planning Board but shall not require a public
hearing.
E.
If the final detailed
site plan is substantially different from the approved preliminary
plan, then the applicant shall present any modifications to the Planning
Board as a preliminary site plan in accordance with the approval procedures
found in this section. The Planning Board shall then determine whether
or not the modified plan is still in keeping with the intent of the
Planning Board resolution which approved the preliminary site plan.
If a negative decision is reached, the site plan shall be considered
to be disapproved.
A.
Within 62 days
of receipt of the application for final site plan approval, the Planning
Board shall notify the Town Building Inspector of its decision. If
no decision is made within the sixty-two-day period, and upon the
applicant's completion of requirements to be met, the final site plan
shall be considered approved. However, the sixty-two-day time period
may be extended by mutual consent of the Town Planning Board and the
applicant. The Planning Board's decision shall clearly refer to a
specific site plan by drawing number and date.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Upon approval
of the final site plan and payment by the applicant of all fees and
reimbursable costs due to the Town, the Planning Board shall endorse
its approval on a copy of the final site plan and shall forward such
copy to the Town Building Inspector. Upon disapproval of a final site
plan, the Planning Board shall so inform the Building Inspector and
the Building Inspector shall deny a building permit to the applicant.
The Planning Board shall also notify the applicant, in writing, of
its decision and its reasons for disapproval or approval. Town Planning
Board approval of a final site plan shall expire after one year from
the date of such decision, unless a building permit has been taken
out within such time period for work indicated on the final site plan
and site development and/or construction has begun as determined by
the Town Planning Board. An application for preliminary or final site
plan approval that has been denied by the Town Planning Board may
not be resubmitted to the Board for a period of one year from the
date of such decision unless such plan has been changed or revised
to reflect the concerns and recommendations of the Planning Board
indicated in its notice of denial.
C.
In taking action
on applications for final site plan approval, the Town Planning Board
shall ensure that, to the maximum extent possible, the minimum requirements
of the Town Zoning Ordinance[1] have been met or that appropriate variances have been
granted by the Town Zoning Board of Appeals. The Town Planning Board
may impose additional restrictions or conditions on applications for
final site plan approval beyond the general requirements of the Town
Zoning Ordinance, but within the scope and authority of this section,
if it determines that such restrictions or conditions are necessary
to ensure project conformance with generally accepted planning, engineering
and design standards and criteria or to minimize the project's adverse
impact on adjacent land uses and other physical and environmental
features or are directly related to the health, safety or general
welfare of the community. Such additional restrictions or conditions
shall be in the form of a resolution of approval as a condition of
final site plan approval. Final site plan approval cannot be granted
for any project until all necessary variances from the Town Zoning
Board of Appeals have been granted and/or all use permits from the
Town Board have been granted and a review or referral has been received
concerning the project from the Monroe County Planning Department
in accordance with the provisions of §§ 239-l and 239-m
of the General Municipal Law, if required.
[Amended 5-7-2004 by L.L. No. 1-2004]
D.
The following
documents shall be submitted upon approval of the final site plan:
[Added 5-7-2004 by L.L. No. 1-2004]
(1)
Payment of
necessary engineering and legal fees.
(2)
A certified
copy of the deed checked against plat boundaries.
(3)
A tax search
showing no unpaid taxes.
(4)
A certified
copy of the deed or an attorney's certificate of title.
(5)
Easement
agreements, when required.
(6)
A permit
for connection to county or state roads.
(7)
A statement
of dedication of streets and utilities.
(8)
Improvement
districts processed.
(9)
Approval
of the County Health Department.
(10)
Payment
of Planning Board fees.
(11)
Map signatures
required:
(a)
Certificates
by the applicant's representatives, as required by New York State
law.
(b)
Commissioner
of Public Works or his/her division head/agent or designee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
Town
Assessor.
(d)
Town
Highway Superintendent.
(e)
Monroe
County Health Department.
(f)
Planning
Board Chairman or Secretary.
(g)
Fire
Marshal.
(h)
Water
Department official.
(i)
Sewer
Department official.
(12)
The following
certifications will be required and placed on the subdivision plat
map:
(a)
It is hereby certified that all lots shown hereon fully comply with the Zoning Ordinance (Chapter 350) and the Subdivision Rules and Regulations of the Town of Webster.
(b)
The subdivision
is well drained and is not subject to flooding or standing water.
(c)
All sanitary
sewers are in compliance with the specifications and sewer policy
of the Town of Webster.
(d)
The grade
level at the front building line is 1/4 inch per foot above the center
of the road, or (when applicable) grade level requirements have been
waived by the Planning Board due to the topography within the subdivision.
(e)
The area
occupied by the right-of-way for public roads or streets is _______
square feet.
(f)
All right-of-ways
indicated on this map shall be considered temporary easements to the
Town of Webster. The easement shall be for the purpose of ingress
and egress, and maintenance of utilities, and the Town may also assign
the easement for the purpose of extending roads or utilities.
The Town Planning Board may take any one of
the following actions on an application for preliminary or final site
plan review:
A.
Preliminary approval:
Application is given preliminary site plan approval as presented.
B.
Preliminary approval
with modifications: Application is given preliminary site plan approval
subject to certain modifications being made in the plan that will
be shown on the final site plan.
C.
Disapproval:
Application for site plan approval is denied based upon reasons stated
in the decision.
D.
Disapproval without
prejudice: Application for site plan approval is denied based upon
reasons stated in the decision. However, the Planning Board may reconsider
the application if substantial changes are made in the site plan design
or overall project concept. A new application fee for the Planning
Board is required, and the additional public hearing is required if
and when the new plans are submitted.
E.
Final approval:
Application is given final site plan approval as presented.
F.
Final approval
with modifications or conditions: Application is given final site
plan approval subject to certain modifications or conditions contained
in the decision or resolution of approval.
[Amended 5-7-2004 by L.L. No. 1-2004]
G.
Reserve decision.
[Amended 5-7-2004 by L.L. No. 1-2004]
H.
Tabled: Preliminary
site plan hearing is postponed pending receipt of additional information,
appearance of applicant or a representative, or for other reasons
as determined by the Planning Board.
[Amended 5-7-2004 by L.L. No. 1-2004]
Reasonable costs incurred by the Town Planning
Board for consultation fees or other extraordinary expenses in connection
with the review of a proposed site plan that are over and above the
basic application fee shall be charged to the applicant at a rate
as established by the Town Board.
Whenever the particular circumstances of a proposed
development require compliance with either special use or environmental
protection permits or procedures as found in this chapter or requirements
of the Town's Land Subdivision Regulations[1] or SEQR regulations, then the Town Planning Board and
Town Department of Public Works shall attempt to integrate, where
possible, site plan review as required by this section with the procedural
and submission requirements for such other compliance.
An application which has received final site
plan approval within one year of the enactment of any change to the
Webster Town Code will have one year to commence meaningful construction,
as determined by the Planning Board, from the date of that final site
plan approval. If final approval of any phase is received before adoption
of the new legislation, and meaningful construction, as determined
by the Planning Board, has occurred within one year after final approval
has been granted, then the original Code section will apply to the
application.
[Added 5-7-2004 by L.L. No. 1-2004]
No construction or grading work shall begin
prior to final Planning Board approval and:
A.
All plans have
received the appropriate approvals, and signatures have been filed
with the Town of Webster and Monroe County.
B.
All required
special districts have been established.
C.
All required
easements have been approved by the Town and filed with Monroe County.
Proof of filing in the form of a receipt with liber and page must
be provided.
D.
An approved engineer's
estimate and valid letter of credit must be filed with the Town.
E.
Proof of highway
work permits from the Superintendent of Highways having jurisdiction
for the right-of-way.
F.
All fees have
been paid.
[Added 5-7-2004 by L.L. No. 1-2004]
A.
If the final approval of a site plan has expired, pursuant to § 269-10B, and if the applicant desires to proceed with the project, the applicant shall be required to reapply for preliminary and final approval.
B.
An application
may be made to the Planning Board for an extension of final approval
prior to the expiration of such final approval, with sufficient time
to allow the required publication and notice and public hearing prior
to the expiration of said final approval. Such public hearing shall
be held to consider whether such extension shall be granted. The Planning
Board may require additional conditions or modifications to said final
approval.
