Prior to any new commercial use or expansion of any existing commercial use, or the issuance of a building permit for any commercial building or structure, the Building Code/Town Code Enforcement Officer shall require the preparation of a site plan.
(NOTE: The definition for "commercial" is provided in the definition section, §
160-5, of these zoning regulations.)
A. Sketch plan. A sketch plan conference shall be held between the Planning Board and applicant to review the site plan concept and generally determine the information to be required on the site plan. The filing of a sketch plan and the sketch plan conference may be waived by formal action of the Planning Board at the applicant's request. At the sketch plan conference, the applicant should provide the data discussed below, in addition to a statement and/or rough sketch describing what is proposed:
(1) An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, basements and buildings within 500 feet of the boundaries thereof. Said map should show existing natural features such as water bodies, watercourses, wetlands, wooded areas, individual large trees and flood hazard areas.
(2) 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-foot intervals of elevation should also be provided.
(3) A rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs and other planned features.
B. Application for detailed site plan approval. An application for site plan approval shall be made in writing to the Building Code/Town Code Enforcement Officer and shall be accompanied by an application fee in accordance with the Schedule of Fees as promulgated by the Town Board of Catskill, New York, and a map of the site plan that includes information drawn from the following checklist, as determined necessary by the Planning Board at the sketch plan conference:
(1) The title of the drawing, including the name and address of the applicant and the person responsible for preparation of such drawing.
(2) North arrow, scale and date.
(3) The boundaries of the property plotted to scale.
(4) Existing watercourses, wetlands, fish and wildlife habitats, flood hazard zones, special plant communities and wooded areas.
(5) A grading and drainage plan showing existing and proposed contours.
(6) The design and use of nonstructural and structural means to avoid stormwater runoff and nonpoint source water pollution.
(7) The location, proposed use and height of all buildings.
(8) The location, design and construction materials of all parking and truck-loading areas, showing ingress and egress.
(9) Provision for pedestrian access.
(10) The location of outdoor storage, if any.
(11) The location, design and construction materials of all site improvements, including drains, culverts, retaining walls and fences.
(12) A description of the method of sewage disposal and location, design and construction materials of such facilities.
(13) A description of the method of securing public water and location, design and construction materials of such facilities.
(14) The location of fire and other emergency zones, including the location of fire hydrants.
(15) The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(16) The location, size, design and construction materials of all proposed signs.
(17) The location and proposed development of all buffer areas, including existing vegetative cover.
(18) The location and design of proposed outdoor lighting facilities.
(19) Identification of any elements or areas contributing to or detracting from local visual quality and character, and of existing or potential scenic views.
(20) Designation of the amount of building area proposed for retail sales or similar commercial activity.
(21) A general landscaping plan and planting schedule, and location of groups of mature trees over 18 inches at four feet above the base of the trunk.
(22) Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any county, state or federal permits required for the project's execution.
(23) A copy of deed is required for all subdivision, site plan, variance, lot line and special use permit applications.
C. Planning Board review of site plan. The Planning Board's review shall include, as appropriate, but is not limited to the following:
(1) General considerations.
(a) The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(b) The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(c) The location, arrangement, appearance and sufficiency of off-street parking and loading.
(d) The location, arrangement, size, design and general site compatibility of buildings, structures, lighting and signs.
(e) The adequacy of stormwater and drainage facilities.
(f) The adequacy of water supply and sewage disposal facilities.
(g) The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(h) In the case of an apartment complex or other multiple-family dwelling, the adequacy of usable open space for plan areas and informal recreation.
(i) Protection of scenic views and visual quality and character.
(j) Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(k) The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(l) Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(m) The adequacy of site restoration scheduled to follow construction.
(n) Maximum avoidance of clear-cutting of trees and the adequacy of measures to protect and preserve as much mature vegetation as possible on the site.
(o) Maximum avoidance of the destruction, damage or detrimental modification of or interference with natural, scenic, topographic or physical features of the site.
(p) The adequacy of landscaping and setbacks in regard to achieving maximum compatibility with and protection of local and regional scenic quality, adjacent fish and wildlife habitats, freshwater wetlands and coastal waters.
(q) The extent to which structure height and bulk do not disrupt natural topography and are compatible with the site and the adjacent sites, and do not detract from the natural visual quality of the local area or region.
(2) Consultative review. The Planning Board may consult with the Catskill Waterfront Commission, Building Code/Town Code Enforcement Officer, Fire Commissioners, Conservation Council, Highway Superintendent, other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
(3) Public hearing. The Planning Board shall conduct a public hearing on the site plan. Such public hearing shall be conducted within 62 days of the receipt of the application for site plan approval and shall be advertised in a newspaper of general circulation in the Town at least five days before the public hearing. The applicant shall notify, by certified mail (return receipt requested) postmarked at least 15 days prior to the date of the public hearing, all owners of properties within 300 feet of the property which is the subject of the application except for any proposed uses in an Industrial Zone, or any uses which may have a moderate or large environmental impact, for which all owners of properties within 500 feet of subject property shall be noticed. The return receipts must be delivered to the Planning Board Secretary prior to the start of the public hearing.
(4) Planning Board action.
(a) Prior to taking action on the site plan, the Planning Board shall refer the plan to the Greene County Planning Board for advisory review and a report in accordance with
General Municipal Law.
(b) Within 62 days after a public hearing (if one is held), or within 62 days after receipt of an application for site plan approval if no public hearing has been held, the Planning Board shall act on it. If no decision is made within said 62-day period, the site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the site plan is approved, disapproved or approved with modifications. The Planning Board's written statement of action shall also 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.
(c) The Planning Board's statement may include recommendations of desirable modifications to be incorporated and conformance with said modifications shall be considered a condition of approval. Upon approval, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Building Code/Town Code Enforcement Officer who shall then issue a building permit if the project conforms to all other applicable requirements.
(d) Upon disapproval, the Planning Board shall so inform the Building Code/Town Code Enforcement Officer and he shall deny a building permit. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. In such a case, the Planning Board may recommend further study on the site plan and resubmission to the Planning Board after it has been revised or redesigned.
(e) Where approved project has not been completed within one year, all special use permits or site plan approvals may be extended with no further review or costs where site plan remains unchanged for an additional year upon request to the Planning Board.
(f) Any proposed changes to an approved site plan must be made by applicant to the Planning Board prior to construction or implementation of the change.
D. Site plan applications will not be approved if:
(1) A violation of Town Code or State Building Code exists at the parcel or parcels which are the subject of the proposed application or
(2) Real property taxes are delinquent regarding the parcel or parcels which are the subject of the proposed application.
(3) As a condition for site plan approval, where the site which is the subject of the application has been the subject of litigation or code enforcement which resulted in an unpaid debt to the town established by stipulation or a court order, said debt to the town must be paid in full. The Town of Catskill holds an unpaid judgment against the applicant.