This chapter shall be enforced by the Code Enforcement
Officer, who shall be appointed by the Town Board, in the same manner
and with the same powers as now or hereafter practiced or provided
under Chapter 111, Fire Prevention and Building Construction. No building
permit or certificate of occupancy shall be issued by the Code Enforcement
Officer and no permit or license for any purpose shall be issued by
any official of the Town, if the same would be in conflict with the
provisions of this chapter.
[Amended 12-15-2015 by L.L. No. 3-2015]
A.
No building or structure shall be erected or moved,
nor shall any existing building or land be changed in use, until a
zoning permit therefor has been issued by the Code Enforcement Officer
(CEO). All applications for zoning permits shall be accompanied by
a copy of a plot plan, accurately dimensioned, showing the location
of all existing and proposed buildings and structures on the lot and
such other information as may be required by the CEO to determine
compliance with this chapter. The applicant must furnish such information
as may be required by the CEO to establish that the building or property
will be occupied without nuisance and in compliance with the State
of New York public health laws, and in compliance with the Ulster
County Sanitary Code. Upon payment of applicable fees and when approved
by the CEO, the CEO will issue a zoning permit.
B.
A change of use is one which:
(1)
Changes the category of use as set forth in the Schedule
of Use Regulations (e.g., from a use permitted upon site plan approval
to one which requires a special permit).
(2)
Generates additional traffic as computed in the latest
edition of "Trip Generation" published by the Institute of Transportation
Engineers (ITE), or requires additional parking in accordance with
this zoning law, as determined by the CEO.
(3)
Involves exterior modifications to the structure or
disturbance of driveways, parking areas, landscaping or similar exterior
site features which were part of a site plan approved by the Planning
Board or a plot plan approved by the Zoning Board of Appeals.
(4)
Any changes to add or modify buildings or uses that
existed prior to the enactment of zoning in December 1969.
No land shall be used or occupied and no building
or structure hereafter erected, altered, or extended, shall be used
or changed in use until a certificate of occupancy shall have been
issued by the Code Enforcement Officer in accordance with the provisions
of Chapter 111, Fire Prevention and Building Construction, if any.
All certificates of occupancy for new or altered buildings or structures
shall be applied for coincident with the application for a building
permit therefor. Such certificate of occupancy shall be issued within
10 days after the erection or alteration shall have been approved
as complying with the provisions of this chapter.
A.
Uses requiring site plan approval.
(1)
No zoning permit shall be issued for any use designated as requiring site plan approval in Article III, Use Regulations, prior to review and approval of a site plan by the Planning Board in accordance with the provisions of this section. Any amendment of an approved site plan must also be reviewed and approved by the Planning Board.
(2)
No certificate of occupancy may be issued for any
reason for any building or use of land, within the purview of this
section, unless the building is constructed or used or the land is
developed or used in conformity with an approved site plan or an amendment
of any such plan.
B.
Objectives of site plan review. In reviewing site
plans, consideration shall be given to the public health, safety,
welfare, comfort and convenience of the public in general and the
residents or users of the proposed development and of the immediate
neighborhood in particular and the accomplishment of the following
objectives:
(1)
That the design of all structures is compatible with that of surrounding structures. Compatibility shall be determined by a review of proposed use of materials, scale, mass, height, color, texture and location of the structure or structures on the site. In addition, in the B-1, B-2 and SR Districts, the determination of compatibility shall also take into consideration the historic, rural character of the Stone Ridge and High Falls hamlets and consider building size, style, form, roof line, architectural detailing, size and shape of window and door openings in relation to neighboring structures, particularly those of historic significance as well as maintenance of building setbacks and building proportions in relation to neighboring structures. The Planning Board shall utilize the procedures set forth in § 200-50 and Appendix A, Design Standards and Guidelines for Business Districts,[1] as the basis for its review and determination.
[Amended 2-24-1998 by L.L. No. 1-1998; 5-25-1999 by L.L. No. 1-1999]
[1]
Editor's Note: Appendix A is included at the
end of this chapter.
(2)
That all proposed traffic accessways are adequate
but not excessive in number; adequate in width, grade, alignment and
visibility; not located too near street corners or other places of
public assembly; and other similar safety considerations.
(3)
That off-street parking and loading spaces are properly
paved and drained, designed to prevent obstruction in public streets,
and that the interior circulation system provides safe accessibility
to all required off-street parking lots, loading bays and building
services.
(4)
That all parking and service areas are reasonably
screened at all seasons of the year from the view of adjacent residential
lots and streets, and that the general landscaping of the site enhances
the character of the Town and is in character with that generally
prevailing in the neighborhood.
(5)
That all outdoor lighting is designed and arranged
to preclude the diffusion of glare onto adjoining properties and streets.
(6)
That the drainage system and the internal water and
sewer systems are of sufficient capacity and that all systems comply
with Town, county and state standards.
(7)
That site plan and building design accommodate the
needs of the handicapped and are in conformance with the state standards
for construction concerning the handicapped.
(8)
That the site plan and building design maximize the
conservation of energy to the extent feasible.
C.
Procedure.
[Amended 2-8-1995 by L.L. No. 1-1995]
(1)
Presubmission. Prior to the submission of a formal
site plan, the applicant shall meet in person with the Planning Board
and/or its designated representative to discuss the site plan and
to determine the specific items and level of detail of the submission
requirements necessary for review of the required site plan.
(2)
Within six months following the presubmission conference,
the site plan and any related information shall be submitted to the
Planning Board in as many copies, not to exceed 10, as may be agreed
during the presubmission conference. The application shall simultaneously
be submitted to the Code Enforcement Officer (CEO), who shall review
the application and certify to the Planning Board that the proposed
use is permitted in the zoning district, by right or upon issuance
of a special permit, and that the site plan complies with the standards
set forth in the Density Control Schedule.[2] The CEO may also advise the Board regarding any other
matters as he may deem appropriate. The site plan shall be accompanied
by a fee in accordance with the schedule of fees of the Town of Marbletown.[3] If not submitted within this six-month period, another
presubmission conference may be required by the Planning Board.[4]
[Amended 5-25-1999 by L.L. No. 1-1999]
[2]
Editor's Note: The Density Control Schedule
is included at the end of this chapter.
[4]
Editor's Note: Former Subsections (c), (d)
and (e), regarding the Codes Enforcement Officer's certification of
a complete application, which immediately followed this subsection,
were repealed 5-25-1999 by L.L. No. 1-1999.
(3)
Public hearing. The Planning Board may hold a public
hearing on any site plan application if it determines that a public
hearing would promote the interest of the applicant or the public
or would aid the Board in making its determination on the site plan
application. Any public hearing held by the Planning Board shall be
noticed and conducted in conformity with Paragraphs 7 and 8 of Town
Law § 274-a and any other applicable law.
(4)
Determination. The Planning Board shall make a determination
on any site plan application within 62 days after the last day of
any public hearing that is held on the application or, if no public
hearing is held, after the date on which the site plan application
was received, which period may be extended by mutual consent of the
applicant and the Planning Board. The Planning Board's determination
shall be (a) approval, (b) approval with modifications, or (c) disapproval.
Any approval determination (with or without modifications) may be
made subject to any conditions or restrictions which comply with the
standards specified in Paragraph 4 of Town Law § 274-a.
Subject to the criteria set forth in Paragraph 5 of Town Law § 274-a,
the Planning Board is empowered to waive requirements for site plan
approval in any determination it may make. Any decision of the Planning
Board shall include (a) a recitation of any waiver of requirements
granted by the Planning Board, (b) the specific conditions or restrictions
imposed by the Planning Board upon which approval of the site plan
is contingent and (c) the reasons why the Planning Board granted each
such waiver or imposed each such condition or restriction. The Planning
Board's failure to make a determination prior to the expiration of
the sixty-two-day period, or if said period is extended by mutual
consent of the applicant and the Planning Board, prior to the expiration
of the last such extension thereof, shall constitute approval of the
application.
(5)
Filing. The decision of the Planning Board setting
forth its determination on a site plan application 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.
(6)
Security upon conditional approval. If it is clear
at the time of the Planning Board's determination that any condition
or restriction imposed by the Planning Board cannot be fulfilled or
complied with prior to the issuance of a certificate of occupancy,
or if subsequent to such determination and prior to the issuance of
a certificate of occupancy it becomes impractical or a hardship for
the applicant to fulfill any condition or comply with any restriction
prior to the issuance of a certificate of occupancy, then the Planning
Board may, in its discretion, after appropriate inquiry to establish
an estimate from a competent source of the cost of fulfilling such
condition or complying with such restriction subsequent to the issuance
of a certificate of occupancy, make the issuance of the certificate
of occupancy contingent upon the applicant first providing security
which meets the requirements and conditions of Paragraph (c) of Subdivision
9 of § 277 of the Town Law, as same may be amended from
time to time, in a specified amount not exceeding 120% of the estimated
cost of completion of such condition or compliance with such restriction,
to secure the completion of such condition or compliance with such
restriction within a period of time to be set by the Planning Board,
not exceeding one year. For good cause shown, the Planning Board at
any time may extend said period beyond one year, provided the total
period does not exceed two years measured from the date of issuance
of the security. The amount of such security may be proportionally
reduced from time to time upon the approval of the Planning Board
as performance thereunder progresses.
(7)
Zoning permit, building permit and certificate of
occupancy. Upon a determination by the Planning Board of approval
or approval with modifications, the Code Enforcement Officer shall
be authorized to issue a zoning permit and a building permit for the
use of the premises which is the subject of the site plan and the
structures thereon, provided all other zoning, building and health
requirements for the issuance of such permits have been met. No premises
shall be used for the use intended under a new site plan, nor shall
any existing use of a premises for which a new site plan has been
created be changed to that for which the site plan was intended, until
the issuance of a certificate of occupancy for such new or changed
use.
(8)
Compliance with state law. The Planning Board shall
have all additional authority granted by, and shall comply with all
applicable provisions of Town Law § 274-a in accepting,
processing, reviewing and determining site plan applications pursuant
to this section.
D.
Time limit on validity of approval. Approval of a
site plan by the Planning Board shall be valid for a period of one
year from the date thereof for the purpose of obtaining a building
permit. Failure to secure a building permit during this period shall
cause the site plan approval to become null and void. Upon application,
the Planning Board may extend the time limit on the validity of the
approval to not more than two years from the date of original approval.
E.
Required submissions. The data set forth below shall
be submitted in support of a request for site plan approval. The Planning
Board, at the request of the applicant, may waive such information
as it deems not relevant to its review or which would cause unusual
hardship to obtain.
(1)
Legal data.
(a)
The names of all owners of record of the property
in question and of all adjacent property and the lot, block and section
number of such properties as shown on the official Town assessment
rolls.
(b)
Existing zoning and special district boundaries.
(c)
Boundaries of the property, building or setback
lines, if different from those required in the chapter, and lines
of existing streets, rights-of-way and lots. Reservations, easements
and areas dedicated to public use shall also be shown.
(3)
Development data.
(a)
Title of development, date, North point, scale,
and the name and address of record owner, engineer, architect, land
planner or surveyor preparing the plan.
(b)
The proposed use or uses of land and buildings
and proposed location of buildings.
(c)
All means of vehicular ingress and egress to
and from the site onto public streets.
(d)
The location and design of all off-street parking
areas or loading areas.
(e)
The location of all proposed water lines, valves
and hydrants and of all sewer lines or alternative means of water
supply and sewage disposal and treatment.
(f)
The proposed location, direction, power and
hours of operation of proposed outdoor lighting.
(g)
The proposed screening and landscaping plan.
(h)
Proposed stormwater drainage system.
(i)
The location and design of all projecting and
freestanding signs.
(4)
Additional data which may be required. Where, due
to special conditions peculiar to a site or the size, nature or complexity
of the proposed use or development of land or buildings, the Planning
Board finds that all or portions of the additional data listed below
are necessary for proper review of the application, it may require
any or all of the data to be included in the required submission.
(a)
A survey of the property by a licensed surveyor
showing all appropriate dimensions, angles, bearings and other relevant
data.
(b)
Location of existing water mains, culverts and
drains on the property, with pipe sizes, grades and direction of flow.
(c)
Existing contours with intervals of five feet
or less, referred to a datum satisfactory to the Board, and all proposed
grades.
(d)
All proposed lots, easements and public and
community areas; all proposed streets with profiles indicating grading
and cross sections showing width of roadway, location and width of
sidewalks, and location and size of utility lines.
(5)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (“SWPPP”) consistent with the requirements of Chapters 167 and 200 of the Marbletown Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapters 167 and 200 of the Marbletown Code. The approved site plan shall be consistent with the provisions of Chapters 167 and 200 of the Marbletown Code. This requirement cannot be waived by the Planning Board.
[Added 1-15-2008 by L.L. No. 2-2008]
F.
Fees, escrows and reimbursable costs.
[Added 11-3-2004 by L.L. No. 3-2004]
(1)
An application for site plan review shall be accompanied
by a fee as established by the Town Board and amended from time to
time.
(2)
The applicant shall be responsible for the Town's
special consulting costs for engineers, planning consultants, and
attorneys retained by the Town, as required by the Planning Board,
to process the application. Payment of the costs is to be accomplished
by the Planning Board setting up, and the applicant paying into, an
escrow account with the Supervisor, and the Town paying the consultants.
The escrow amount shall be set by the Planning Board, after solicitation
of estimates from the consultants, engineers and attorneys for the
Town. No final approval shall be granted until such costs are paid
in full by the applicant.
