Planning Board establishment, membership. The Town of Forestburgh Planning Board was established under Local Law 2 of 2014, as amended by Local Law 3 of 2016 and codified in Town Code Chapter 28.
In addition to the powers and duties set forth in Chapter 28, the Planning Board shall have all the power and duties prescribed by law, including, without limitation, New York State Town Law § 271 and by this chapter, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Planning Board that is conferred by law:
A.
To issue upon application, after public notice and hearing, and in
accordance with the requirements of law and this chapter, special
use permits;
B.
To conduct upon application, after public notice and hearing, and
in accordance with the requirements of law and this chapter, site
plan review;
C.
To issue upon application, after public notice and hearing, and in accordance with the requirements of law, Chapter 148, Subdivision of Land, and this chapter, subdivision approvals; and
D.
To hear and decide such other matters according to the terms of this
chapter or other statutes and upon which the Planning Board may be
authorized to pass under this chapter or other law.
The Planning Board shall act in accordance with the procedures
specified by law and by this chapter.
A.
Public hearings. The Planning Board shall fix a time for any required
public hearings, give public notice thereof and issue decisions in
accordance with the provisions of law. The applicant shall bear the
cost of advertising and required public notice for public hearings.
B.
Appearances. An applicant may either appear in person or by a representative
who need not be an attorney. If the applicant is to be represented
by a person who is not an attorney, a notarized owner's proxy must
be presented to the Planning Board prior to appearing before the Planning
Board.
C.
Conduct of proceedings. The Planning Board shall decide the matters
before it fairly and equitably having regard to the welfare of the
community as a whole and to the rights of the applicant and neighbors.
The Planning Board shall make its determinations based upon substantial
evidence contained in the record of its proceedings.
D.
Inspection. Members of the Planning Board may conduct an appropriate
inspection of the property at issue and/or hear witnesses or procure
the submission of pertinent records.
Special use permits authorized.
A.
Special uses are uses for which approval of the Planning Board is
required and for which conformance to additional standards is required
in addition to all other requirements of this chapter. All such uses
are hereby declared to possess characteristics of such unique and
special forms that each specific case or use shall be considered as
an individual case that requires consideration of the merits and details
of each proposed use to assure that such proposed use is in harmony
with this chapter and the Comprehensive Plan and that such proposed
use will not adversely affect the general character of the surrounding
area if the conditions of the special use permit are met.
B.
Required findings.
(1)
In granting a special use permit, the Planning Board shall require
evidence of the satisfaction of each and every of the following standards
by findings entered into the record of the proceedings:
(a)
That the special use is specifically authorized by this chapter
(the decision shall set forth the exact subsection of this chapter
containing the jurisdictional authorization);
(b)
That the special use meets all of the criteria set forth in
the section of this chapter authorizing such special use; and
(c)
That the granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the Comprehensive Plan. In evaluating compliance with this Subsection B(1)(c), the Planning Board shall consider the following factors:
[1]
Location and size of the proposed development project;
[2]
The nature and intensity of the operations involved;
[3]
The size of the site in relation to the size of the proposed
development project;
[4]
The location of the site with respect to the existing or future
streets giving access to it with particular reference to automotive
and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe;
[5]
Whether the aesthetic design of the project conforms with and
compliments the nearby properties;
[6]
Whether the location, nature and height of buildings, walls
and fences will discourage the appropriate development and use of
adjacent land and buildings and properties generally in the district
or impair the value thereof;
[7]
Whether the operations in connection with the proposed development
project will be more objectionable in nature to nearby properties
and properties generally in the district by reason of noise, fumes,
vibration, flashing lights, increased traffic or any other objectionable
reasons than would be the operations of any permitted use;
[8]
The impact on existing and planned capacity of infrastructure
systems, including but not limited to roads, water, sewer, energy
and drainage;
[9]
Whether environmentally sensitive features will be protected;
[10]
Whether any authorization hereunder shall create
fiscal burdens upon the community at large; and
[11]
Any other factors that impact the health, safety
and welfare of the community.
(2)
If the Planning Board finds that the imposition of conditions will
not be sufficient to enable the proposed development project to comply
with all applicable special use permit criteria, it shall deny the
special use permit application.
C.
Additional required submissions for special use permit.
(1)
In addition to complying with all other applicable requirements set forth in this section, applications for special use permits shall contain a narrative explaining what the application is for and how the development project meets or exceeds all applicable criteria for the special use permit and be subject to site plan requirements of § 180-35.
D.
Imposition of conditions.
(1)
The Planning Board in the granting of special use permits shall have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property and as are, in the opinion of the Planning Board, required
to promote the intent and purposes of the Comprehensive Plan and this
chapter. Such conditions shall be imposed for the purpose of minimizing
any adverse impact such special use permit may have on the neighborhood
or community. Such conditions may include, but are not limited to,
landscaping, lighting, access and egress, signs, screening, architectural
features, location and layout of buildings, limitations upon the use
or characteristics of the use which are reasonably related to the
public health, safety and general welfare and as may be necessary
to carry out the intent of this chapter. The Planning Board may require
a bond, surety or escrow for the installation and/or maintenance of
site improvements. Failure to abide by any conditions attached to
a special use permit shall constitute a violation of this chapter
subject to appropriate enforcement action, including suspension or
revocation of the permit or approval.
E.
Special use permit conditioned upon periodic renewal.
(1)
The grant of a special use permit shall be conditioned upon periodic
renewal to be determined by the Planning Board, which renewal may
only be granted following public notice and hearing. Such renewal
shall be withheld or granted subject to terms or conditions additional
to or different from those in the original grant only upon a determination
that:
(a)
The factors which justified the original grant no longer exist
or have changed sufficiently to require additional or different terms
and conditions; or
(b)
The terms and conditions of the original special use permit
have not been or are not being complied with, in whole or in part.
A pending notice of violation shall be prima facie evidence of lack
of conformity with such terms and conditions.
F.
If an approved special use is not commenced within 12 months of approval,
it will be deemed abandoned. This period can be extended upon application
to the Planning Board.
G.
Waiver of application requirements.
(1)
Upon written request for a waiver and where the Planning Board finds
that extraordinary hardships or practical difficulties may result
from strict compliance with the procedural requirements of these regulations
and/or that the purposes of these regulations may be served to a greater
extent by an alternative proposal, the Planning Board may, in its
sole discretion, approve waivers to any procedural requirements set
forth in these regulations, provided that such waiver shall not have
the effect of nullifying the intent and purpose of these regulations,
and further provided that the Planning Board shall not approve waivers
unless it shall make findings based upon the evidence presented to
it in each specific case that:
(a)
The granting of the waiver will not be detrimental to the public
safety, health or welfare or injurious to other property.
(b)
The conditions upon which the request for a waiver are based
are unique to the property for which the waiver is sought and are
not applicable generally to other property.
(c)
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of these regulations is carried out.
(d)
The waivers will not in any manner vary from the substantive
requirements of Zoning Law, any applicable use restrictions or bulk
standards, the Town Comprehensive Plan or Zoning Map, or the State
Environmental Quality Review Act.
(2)
Conditions. In approving waivers, the Planning Board may require
such conditions as will, in its judgment, secure substantially the
objectives and standards or requirements of these regulations.
H.
Transfer of special use permit. A special use permit granted to an
applicant may not be transferred without review and consent of the
Planning Board and subject to the same terms and conditions as the
original permit.
A.
Site plan review authorized. Site plan review and approval shall
be conducted by the Planning Board in accordance with the provisions
of this chapter and New York State Town Law § 274-a.
B.
Effect of site plan approval. A Planning Board decision to approve
a site plan shall not excuse an applicant from obtaining and complying
with all other permits and approvals that may be needed. For development
projects subject to site plan review, zoning permits and building
permits shall be issued only after site plan approval. In a case where
a conditional site plan approval has been given, no certificate of
occupancy shall be issued until final site plan approval has been
given and all provisions of such final approval have been met. Any
costs for site adjustments required in the final site plan review
shall be borne by the applicant.
C.
Timing of site plan review. The Planning Board may require that any
necessary use variance or area variance be obtained before a site
plan is approved by the Planning Board.
D.
Site plan review application requirements. Site plan review shall
consider factors reasonably related to the health, safety and general
welfare of the community. The information to be submitted for a site
plan review and which, in total, constitutes a site development plan
shall be as follows:
(1)
The title of development, date, North point;
(2)
Scale (not less than one inch equals 50 feet);
(3)
Name and address of record owner;
(4)
Name and address of the New York State licensed professional engineer,
New York State licensed and registered architect, land planner or
New York State licensed land surveyor preparing the site development
plan;
(5)
Property lines, including metes and bounds;
(6)
The names of all owners of record of all adjacent properties including
owners of easements or rights-of-way, together with tax parcel numbers
for all such owners;
(7)
The tax identification number(s) of the site;
(8)
Existing zoning district boundaries and district boundaries;
(9)
The actual shape, location, dimensions and area of the proposed development
site;
(10)
Building or setback lines and other buffers; lines of existing
streets, lots, reservations, easements and areas dedicated to public
use;
(11)
A copy of any covenants or deed restrictions that are intended
to cover all or any part of the tract;
(12)
The shape, size and location of any buildings or other structures,
retaining walls, walkways, driveways and fences already on the lot;
(13)
The existing and intended use of the lot and of all structures
upon it and any open spaces;
(14)
The location of existing watercourses, marshes, rock outcrops,
wooded areas, single trees with a diameter of 24 inches or more measured
three feet above the base of the trunk, and other significant existing
features within 20 feet of all property lines;
(15)
The location of existing water mains, culverts and drains on
the property with pipe sizes, grades and direction of flow;
(16)
The estimated maximum quantity of material to be excavated and/or
removed and the estimated maximum quantity that will be used for regrading
or filling, computed from cross sections of a proposed excavation
or disturbed area;
(17)
A description of any material to be used for land filling. Where
fill is to be brought onto the premises, state its source, method
of transport and estimated volume;
(18)
The location, either existing or proposed, of tents, pole barns,
rigs, inflatable structures and similar structures or facilities which
are erected or intended to be erected for more than 30 days within
any one-year period;
(19)
All proposed lots, easements and public and community areas;
(20)
All proposed streets with profiles indicating grading and cross
sections, showing width of the roadway, location and width of the
sidewalk and locations and size of utility lines;
(21)
The expected storm drainage loads and the details of any drainage
system proposed to be installed and maintained by the applicant, designed
to provide for proper surface drainage of the land, both during the
performance of the work applied for and after the completion thereof;
(22)
If a proposed excavation is for the purpose of making a lake,
pond or impoundment, the details of the proposed construction of the
dam or other structure or embankment intended to impound the water
or other contents thereof;
(23)
All means of vehicular, bicycle and pedestrian access and egress
to and from the site onto public streets, paths and walkways;
(24)
The location of all proposed waterlines, valves and hydrants
and of all sewer lines with profiles, indicating connections with
existing lines or alternative means of water supply or sewage disposal
and treatment;
(26)
Location, size and height of any signs;
(27)
The proposed type, design, mounting height, location, direction,
power and time of proposed outdoor lighting by means of data, details
and an illumination contour plan;
(28)
Proposed screening devices;
(29)
The location, dimensions and design of any off-street parking
areas or loading area;
(30)
Scaled building elevation plans at a scale of 1:4 for all exterior
facades of the proposed structure(s) and/or existing facades, plus
additions showing design features and indicating type and color of
material to be used;
(31)
Locations of off-site material, equipment and staging areas;
(32)
The approximate construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in surface disturbance;
and
(33)
Location of any flood zones, if applicable.
E.
Waiver. The Planning Board may, in its sole discretion, waive any
procedural requirements for the application for, approval of, approval
with conditions or disapproval of a site plan. Any such waiver may
be exercised in the event that any such requirements are found not
to be requisite in the interest of public health, safety or general
welfare or inappropriate to a particular site plan.
A.
The procedure for consideration of a site plan and/or special use
permit shall be as follows:
(1)
Optional sketch plan conference. This step may occur before the application
for a special permit or site plan review if it can be reasonably assumed
that site plan review would be required, in order to inform the applicant
of the site plan review process and to explain the standards for approval
before substantial time and effort are invested in the preparation
of plans.
(2)
Submission of application materials. Application for site plan review
and special use permit shall be made to the Town Clerk.
B.
Compliance with SEQRA. An application for a special use permit or site plan is not complete until the Planning Board has made its determination under SEQRA determination of significance. If a negative declaration is issued then environmental review is finished and the application is deemed complete for purposes of final determination. If a positive declaration is made, then the environmental impact statement process needs to be complete. The Planning Board may also refer any application under its consideration for review by and input from the Code Enforcement Officer, the Fire Department, the Highway Superintendent, and any other Town officials or non-Town consultants deemed appropriate by the Planning Board. These may include, but shall not be limited to, local and county officials and representatives of county, state and federal agencies, including Sullivan County Soil and Water District, the State Department of Transportation, and the State Department of Environmental Conservation. Any comments from these reviewers shall be summarized and forwarded to the Board to aid its decision on the proposal. Additional consultation fees shall be borne by the applicant in accordance with § 180-43.
C.
Compliance with General Municipal Law. Applications site plan review
or special use permits are subject to the requirements of General
Municipal Law §§ 239-m and 239-nn.
D.
Public hearing. Prior to rendering any decision on a site plan review/special
use permit application, the Planning Board shall first hold a public
hearing on the proposed development project. This may begin concurrently
with any required public hearing for the purpose of environmental
review of the same project and may continue after any such environmental
review public hearing is closed.
(1)
Public hearing notice. Notification to all property owners within
500 feet of the perimeter of the subject parcel shall be made by the
applicant 14 days' prior to the hearing. However, the Planning Board
at its discretion may require broader notification. All notifications
shall be made via certified mail, with proof of mailing obtained from
the U.S. Postal Service, and at the applicant's expense, which shall
be provided to the Planning Board prior to the hearing. The hearing
on the application shall be advertised by the applicant at least once
in the official newspaper so designated by the Town Board at least
five days before such hearing. The applicant shall provide an affidavit
of publication prior to the hearing.
(2)
The applicant shall also post a sign, measuring a minimum of 20 inches
by 24 inches, prominently placed on the property and visible from
the road, notifying interested persons that an application for a site
plan approval and/or special use permit is under consideration by
the Board. In cases where a property has frontage on more than one
street, an additional sign must be placed at or near the property
line on any additional street frontage so that the sign will be plainly
visible from the street on which it has such additional frontage.
The sign shall specify the type and size of the development project,
the time and place of the public hearing should the development project
be subject to one, and to whom and by when any public comments are
to be communicated. The sign shall be approved by the Planning Board
Chair. The sign shall be posted for a minimum of 14 days' prior to
the public hearing. The Planning Board may provide that the hearing
be further advertised in such manner as it deems most appropriate
for full public consideration of such project. All notices shall include
the name of the project, the location of the land to be subdivided,
and the date, place, time and subject of the public hearing. Such
notice shall not be required for adjourned dates.
E.
Decision on site plan review and/or special use permit.
(1)
Timing. Unless waived by the applicant, within 62 days of the completion
of a public hearing on an application for site plan review and/or
special use permit and upon completion of the required environmental
review, the Planning Board shall render one of the following decisions:
(2)
Form of decision. The decision of the Planning Board shall be conveyed
in the form of a resolution or a written decision adopted by resolution.
A copy of the decision or resolution shall be filed with the office
of the Town Clerk within five business days of the decision by the
Planning Board.
(3)
Imposition of conditions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related and incidental to a proposed site plan and/or special use permit. The Planning Board may impose approval conditions that must be satisfied prior to start of construction or issuance of a building permit, certificate, or operating permit under Chapter 68. These may include conditions such as payment of fees, mandatory construction inspections, limitations on construction activities, performance bonds or securities, and other similar requirements. The Planning Board may also impose approval conditions which must be complied with throughout the life of the project. For example, these conditions may include compliance with mitigation measures, limitations on hours of operation, and other similar requirements. Noncompliance with any conditions shall be deemed a violation of the permit or approval and subject to enforcement action, including suspension or revocation of the permit or approval.
(4)
Performance bond. Upon approval, the Planning Board may require the
applicant to file a performance bond with the Town Clerk to cover
the full cost of any required improvements. The bond shall be conditioned
on the property owner's or developer's completing said work required
in the approved site plan within the allowable time.
(5)
Reason for denial. The Planning Board's final decision or resolution
shall state the reason(s) for such decision.
(6)
Payment of fees. Approval of the application shall be conditioned
upon payment of all application fees and reimbursable costs due to
the Town, including costs related to construction inspections. Reimbursement
for costs related to post-approval construction inspections shall
be established in accordance with Chapter 83 of this Code. The Planning
Board Chair shall endorse his or her approval by signature or stamp
on a copy of the final site plan and related supporting documents
and shall forward it to the Code Enforcement Officer.
(7)
Effect of denial. Upon denial of a site plan or special use permit,
the Planning Board shall so inform the Code Enforcement Officer, and
the Code Enforcement Officer shall not issue a building permit or
certificate of occupancy to the applicant.
(8)
Effect of no decision. Unless extended or waived, if no decision
is made within the sixty-two-day period following the receipt of a
complete application, including completion of environmental review
under SEQRA, and close of the public hearing, the application shall
be considered denied.
F.
Proposed changes to approved site plan. Proposed changes (whether
before or after construction) to approved site plans must be submitted
to the Code Enforcement Officer for review to determine whether the
effect of the proposed changes warrants reconsideration of the project's
approval status. The Code Enforcement Officer shall make one of the
following findings:
(1)
The proposed changes do not affect the approval status of the site
plan review;
(2)
The changes are significant and shall require an application to the
Planning Board to amend the site plan; or
(3)
The proposed changes are likely to have such an extensive or significant
effect on the project that a new site plan review application is required.
G.
Expiration of approval. A site plan review approval expires if work
has not substantially complete within 12 months of the date the approval
was granted. Prior to the expiration, the applicant may apply to the
Planning Board to extend the approval. Planning Board may grant that
approval for good cause shown.
H.
Extension of deadlines. All deadlines for decisions on a site plan
review application may be extended upon mutual agreement by the Planning
Board and the applicant.
