[HISTORY: Adopted by the Town Board of the Town of Fort Edward 1-23-1989
byL.L. No. 1-1989. Amendments noted where applicable.]
The Town Board of the Town of Fort Edward, Washington County, New York,
does hereby ordain and enact the Town of Fort Edward Site Plan Review Law
pursuant to the authority and provisions of § 10 of the Municipal
Home Rule Law and § 274-a of the Town Law.
This chapter shall be known as the "Town of Fort Edward Site Plan Review
Law." The Town of Fort Edward is hereinafter referred to as the "town."
The Fort Edward Planning Board is hereby empowered to review, approve, approve with modification or disapprove all site plans as required by § 81-12 of this chapter. The purpose of such site plan review and approval procedures is to ensure adequate adherence and conformity to the various provisions of this chapter and the Fort Edward Zoning Code[1]; to ensure that uses of land so affected by these provisions meet
design, function and layout criteria established by this chapter that will
culminate in development that will protect the health, safety and general
welfare of Town residents and are compatible with the intent of the Master
Plan and its proposals and recommendations; and to ensure the ability of the
Town to accommodate the growth resulting from the proposed use without undue
adverse effect on the Town and its citizens and taxpayers and the protection
of health, safety and welfare of the Town and its citizens.
In accordance with § 274-a of the Town Law, the Planning Board
is authorized to review and approve, approve with modifications or disapprove
site plans, prepare to specification set forth in this chapter and in regulations
of the Planning Board, showing the arrangement, layout and design of the proposed
use of the land shown on such plan.
A.
Except for the following, the provisions of this chapter
shall apply to all uses requiring special use permits, to all permitted and
accessory uses and to applications to alter a nonconforming use:
(1)
Single-family residences in R-Ag, R-1, R-2 Districts
and all associated permitted and accessory uses to such single-family residences.
(2)
Landscaping or grading which is not intended to be used
in connection with a land use reviewable under the provisions of this chapter.
(3)
Ordinary repair or maintenance or interior alterations
to existing structures or uses.
(4)
Exterior alterations or additions to existing structures
which would not increase the square footage of the existing structure by more
than 25% and having a cost value of less than $5,000.
(5)
Nonstructural agricultural or gardening uses not involving
substantial timber cutting.
(6)
The sale of agricultural produce and temporary structures
related to sale of agricultural produce.
B.
A land use or development involving these uses shall
not be undertaken unless and until the Planning Board has approved such use
and the Zoning Administrator/Building Inspector has issued a permit for such
land use and development. No building permit shall be valid without site plan
approval.
A sketch plan conference may be held between the Planning Board and
the applicant prior to the preparation and submission of a formal site plan.
The intent of such a conference is to enable the applicant to inform the Planning
Board of his proposals prior to the preparation of a detailed site plan and
for the Planning Board to review the basic site design concept, advise the
applicant as to potential problems and concerns and to generally determine
the information to be required on the site plan. In order to accomplish these
objectives, the applicant shall provide the following:
A.
A statement and rough sketch showing the location and
dimensions of principal and accessory structures, parking areas, access signs
(with descriptions), existing and proposed vegetation and other planned features;
anticipated changes in the existing topography and natural features; and,
where applicable, measures and features to comply with flood hazard and flood
insurance regulations.
B.
An area map (one inch equals 30 feet) showing the parcel
under consideration for site plan review and all properties, subdivisions,
streets, rights-of-way, easements and other pertinent features within 200
feet of the boundaries of the parcel.
C.
A topographic or contour map of adequate scale and detail
to show site topography (one inch equals 30 feet).
Application for project approval shall be made with the Planning Board using forms supplied by the Board. Applications shall include reasonably sufficient information for the Board to make its findings under § 81-10 of this chapter. In determining the content of these application forms, the Planning Board may provide for different informational requirements for different classes or type of projects, but with each certain class or type of project, the same information required by these various application forms may include any or all of the following:
A.
Detailed description of the natural features of the project
and its components, including all proposed roads and accesses, water supply
and sewage disposal systems, and their relationship to natural features.
B.
An analysis with supporting data on the impact of the
project on the environment, both during construction and thereafter.
C.
An analysis and supporting data of any benefits that
might derive from the project.
[Amended 6-13-2005 by L.L. No. 6-2005]
In addition to the fee adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule[1], the Planning Board may charge a fee to developers of projects requiring legal and technical review in the amount adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule.[2]
Upon receipt of the application for a zoning and building permit and related material from the Zoning Administrator/Building Inspector as required in § 81-7, the Planning Board may require that the developer submit additional information as follows, which shall be prepared by a licensed engineer, architect, surveyor, landscape architect or any combination thereof:
A.
A map of the applicant's entire holding at the scale
of one inch equals 200 feet, unless the Planning Board determines a different
scale more appropriate.
B.
An area map, at the scale of one inch equals 30 feet,
showing all properties, subdivisions, streets, water courses and easements
which, pass through the property or are known to abut the applicant's
property.
C.
A topographic map, at the scale of one inch equals 30
feet, showing contours at two-foot intervals.
D.
A site plan, including the following information:
(1)
The title of the drawing, including the name(s) and address(es),
of the applicant or owner of record.
(2)
North point, date, scale.
(3)
The name and address of the person, firm or organization
preparing the map.
(4)
Boundaries of the property plotted to scale.
(5)
Existing watercourses and direction of drainage flow.
(6)
A site plan showing location of proposed use or uses,
bulk and height of all building and location of all parking areas, with access
drives thereto.
(7)
The location of all existing or proposed site improvements,
including drains, culverts, retaining walls and fences; existing water and
other utility facilities; description of method of sewerage disposal and location
of such facilities; location and sizes of all permitted signs; location and
design of lighting facilities; the amount(s) of building area(s) proposed
for retail sales, if any; and existing areas of vegetation and trees (in general,
five inches or more in diameter or, if in significant clusters, those less
than five inches).
(8)
A tracing overlay showing areas, if any, with moderate-to-high
susceptibility to flooding or ponding, moderate-to-high susceptibility to
erosion and slopes in excess of 15%. For areas with potential erosion problems,
the overlay shall also include an outline of existing vegetation.
(9)
A grading plan showing existing and proposed elevation
of site.
(10)
Landscape plan and planting schedule.
Upon receipt of an application and all applicable material, the Planning
Board shall notify the applicant, in writing, by mail, of the place, date
and time of the meeting of the Planning Board at which the application is
to be considered and request the presence of the applicant to discuss the
application.
A.
In order to approve any site plan review use, the Planning
Board shall consider the following:
(2)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, channelization structures
and traffic controls. Consideration will also be given to the project's
impact on the overall circulation system as it relates to adjacent uses.
(3)
Adequacy and arrangement of pedestrian traffic access
and circulation, including but not solely limited to: separation of pedestrian
from vehicular traffic, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience.
(4)
Location, arrangement and setting of off-street parking
and loading areas.
(5)
Location, arrangement, size and design of building, lighting
and signs.
(6)
Adequacy, type and arrangement of trees, shrubs and other
landscaping constituting a visual and/or a notice deterring buffer between
these and adjoining properties.
(7)
In the case of multiple-family complexes, the adequacy
of usable open space for controlled and informal recreation.
(8)
Adequacy of provisions for the disposal of stormwater,
sanitary wastes, water supply for both fire protection and general consumption,
solid waste disposal and snow removal storage areas.
(9)
Adequacy of structures, roadways and landscaping in areas
with moderate to high susceptibility to flooding and ponding and/or erosion.
(10)
Protection of adjacent properties against noise, glare,
unsightliness or other objectionable features.
(11)
Retention of existing trees for protection and control
of soil erosion, drainage and natural beauty.
(12)
In the case of multiple-family complexes, average density
developments, planned unit developments and commercial developments, excessive
similarity and/or excessive dissimilarity or inappropriateness to any other
structures existing or for which a permit has been issued or to any other
structure included in the permit application.
B.
In its review the Planning Board may consult with appropriate
Town and county offices and agencies of the state and federal government.
The Planning Board shall also conduct a public hearing in the case of applications
involving special use permits and before site plan approval is granted for
uses of land in connection with planned unit development.
A.
The Planning Board may conduct a public hearing on the
site plan if considered desirable by a majority of its members. Such hearing
shall be held within 45 days of the receipt of an application deemed complete
by the Planning Board and shall be advertised in the Town's official
newspaper, or if there is none, in the newspaper of general circulation in
the Town at least five days before the public hearing.
[Amended 4-14-2003 by L.L. No. 2-2003]
B.
For application within 500 feet of the Town boundary,
proposed or existing state or county park or recreation area, right-of-way,
parkway, thruway road or highway, stream drainage channel or easement, public
building or institution, not later than 10 days following receipt of a complete
application for said project, the Zoning Administrator/Building Inspector
shall notify and furnish the County Planning Board in accordance with § 239-l
and m of the General Municipal Law, with such pertinent information as the
County Planning Board may deem necessary for review and comment.
C.
Within 45 days of receipt of an application deemed complete
by the Planning Board or if a public hearing is held within 45 days of public
hearing, the Planning Board shall render a decision. In its decision, the
Planning Board may approve, approve with modifications or disapprove the site
plan. The time period in which the Planning Board must render its decision
can be extended by mutual consent of the applicant and the Planning Board.
(1)
Approval. Upon approval of the site plan and payment
by the applicant of all fees and reimbursable costs due the town, the Planning
Board shall endorse its approval on a copy of the site plan and shall immediately
file it and a written statement of approval with the Town Clerk. A copy of
the written statement of approval shall be mailed to the applicant.
(2)
Approval with modifications. The Planning Board may conditionally
approve the final site plan. A copy of a written statement containing the
modifications required by the conditional approval will be mailed to the applicant.
After adequate demonstration to the Planning Board that all conditions have
been met and payment by the applicant of all fees and reimbursable costs due
the Town has been made, the Planning Board shall endorse its approval on a
copy of the site plan and shall immediately file it and a written statement
of approval with the Town Clerk. A copy of the written statement of approval
shall be mailed to the applicant.
(3)
Disapproval. Upon disapproval of the site plan, the decision
of the Planning Board shall immediately be filed with the Town Clerk and a
copy thereof mailed to the applicant, together with the Planning Board's
reasons for disapproval.
D.
The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the imposition of a performance bond and/or letter of credit, restrictions of land against further development of principal buildings, whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that guidelines as to intensity or development as provided in this chapter shall be respected, and the imposition of reasonable conditions to ensure that the project will be adequately supported by services and improvements made necessary by the project and to ensure that the project will be completed in accordance with the terms of the application and any permit and including, without limitation, the requirements and conditions authorized under § 81-11 of this chapter. In addition, the Planning Board may require that the Zoning Administrator/Building Inspector incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.
E.
Unless otherwise specified or extended by the Planning
Board, a decision on any site plan review shall expire if the applicant fails
to undertake the proposed action or project, to obtain any necessary building
permits to construct any proposed new building(s) or change any existing building(s)
or to comply with the conditions of said authorization within one year from
the filing date of such decision thereof.
A.
The Planning Board, in addition to the foregoing section,
may require such additional provisions and conditions that appear to promote
further understanding of the applicant's proposal and are necessary for
the purpose of ultimately protecting the health, safety and general welfare
of the town's residents.
B.
The Planning Board may, at its discretion, judge that
certain requirements of this chapter are not applicable in its approval of
a site plan and may therefore allow the applicant to submit only those elements
which it deems necessary to the review and approval of the particular application.
The Zoning Administrator/Building Inspector shall have the power and
duty to administer and enforce the provisions of this chapter. An appeal from
an action, omission, decision or rules by the Zoning Administrator/Building
Inspector regarding a requirement of this chapter may be made only to the
Zoning Board of Appeals.
The original or a certified copy of all decisions, approvals, rulings
and findings of any Board under this chapter and of all permits and certificates
issued under this chapter shall be promptly furnished by the Zoning Administrator/Building
Inspector to the Town Clerk and retained as a permanent Town public record.
An action, omission, decision or ruling of the Planning Board pursuant
to this chapter may be reviewed at the instance of any aggrieved person in
accordance with Article 78 of the Civil Practice Law and Rules, but application
for such review must be made not later than 30 days from the effective date
of the decision or ruling or the date when the action or omission occurred,
whichever comes later.
Unless otherwise stated, all petitions, applications and appeals provided
for in this chapter shall be made on forms prescribed by the Planning Board.
Completed forms shall be accompanied by whatever further information, plans
or specifications as may be required by such forms.
A.
Fees provided for by this chapter shall be paid upon the submission of application and appeals, in such amount or amounts as shall be adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule.[1] Said fees will be posted in the Building Department on the official
Fee Schedule for the Town of Fort Edward.
[Amended 6-13-2005 by L.L. No. 6-2005]
B.
All fees shall be paid at the time of application to
Town Clerk.
C.
No fee shall be allowed to be substituted for any other
required fee.
A.
Permit required. No building, structure or sign shall
be erected, added to or structurally altered until a permit therefor has been
issued by the Zoning Administrator/ Building Inspector. No new use of a building
or structure shall be undertaken until a permit therefor has been issued by
the Zoning Administrator/Building Inspector. No building permit, or where
applicable, certificate of occupancy shall be issued for any building, structure,
use or sign where said construction, addition, alteration or use would be
in violation of any of the provisions of this chapter or of any other local
law for the Town of Fort Edward.
B.
Submittal requirements. There shall be submitted with
all applications for building permits three copies of a layout or plot plan
drawn to scale showing the actual dimensions of the lot to be built upon,
the exact size and location on the lot of the building and accessory buildings
or signs to be erected and such other information as may be necessary to determine
and provide for the enforcement of this chapter.
C.
Permit certification. Upon receipt of all appropriate
information and fees and after all requirements of this chapter have been
met, the Zoning Administrator/Building Inspector shall issue a building permit.
One copy of the submitted layout or plot plan certified by the Zoning Administrator/Building
Inspector as to compliance with this chapter shall be returned to the applicant
A.
Further regulation by Planning Board. The Planning Board
may, after a public hearing, adopt such further rules and regulations as it
deems reasonably necessary to carry out the provisions of this chapter.
B.
Amendments.
(1)
The Town Board may on its own motion, on petition or
on recommendation of the Planning Board, after public notice and hearing,
amend this chapter pursuant to all applicable requirements of the law.
(2)
All proposed amendments originating by petition or by
motion of the Town Board shall be referred to the Planning Board for a report
and recommendation thereon. The Planning Board shall submit its report within
30 days after receiving such referral. Failure of the Planning Board to report
within the required time shall be deemed to constitute a recommendation for
approval of the proposed amendment.
Whenever the circumstances of proposed development require compliance
with this Site Plan Review Law and with any other local law, ordinance or
requirement of the town, the Planning Board shall attempt to integrate, as
appropriate, site plan review as required by this chapter with the procedural
and submission requirements for such other compliance.
Any person, corporation, partnership, association or other legal entity
who shall violate any of the provisions of this chapter or any conditions
imposed by a permit pursuant hereto shall be guilty of an offense and subject
to a fine of not more than $250 or by penalty of $250 to be recovered by the
Town in a civil action. Every such person or entity shall be deemed guilty
of a separate offense for each week such violation, disobedience, omission,
neglect or refusal shall continue.
