Town of Poughkeepsie, NY Procedures and Standards for Site Plan Approval

Where site plan approval is required by this chapter, no building permit and, in the case of a change of use, no certificate of occupancy shall be issued by the Building Inspector until such a plan shall have been approved by the Planning Board and the signature of the Planning Board Chairman has been affixed to the approved site plan. No certificate of occupancy shall be issued until all of the requirements of the Planning Board's approval, including any conditions attached thereto, have been met.

Site plan approval by the Planning Board, in accordance with this article, is required for the following uses and activities:

All uses and uses accessory thereto which require site plan approval as set forth in this chapter.

Any change of use involving a conforming use to another conforming use.

Any change of use involving a nonconforming use to another nonconforming use.

A change to an approved site plan and an approved subdivision plat where site plan approval was required.

Activities for which a use variance has been granted by the Zoning Board of Appeals.

Exemptions. The following activities are exempt from site plan approval:

Construction, extension or alteration of a single-family residential dwelling and accessory structures thereto on a lot legally in existence as of the date of adoption of this chapter;

Construction of a single-family residential dwelling on a lot located in the R-4A, R-2A, and R-20,000 Districts approved by the Planning Board for residential purposes pursuant to Chapter 177 of the Town Code;

The seasonal planting, cultivation and harvesting of field crops, fruits, vegetables, and horticultural specialties, including nursery stock, ornamental shrubs, and ornamental trees and flowers, whether as part of an existing or a new or expanded agricultural operation, and not involving the construction or alteration of any structure.

Construction, extension, expansion or alteration of the interior of a building or structure;

Routine property maintenance activities, including repainting, repair, and in-kind replacement, so long as the physical appearance of the structure remains unchanged as to color and materials.

De minimus activities.

In the case of certain construction activities that would otherwise require site plan approval by the Planning Board, the Building Inspector is hereby authorized to issue building permits for construction of a new structure, after review and recommendation by the Town Planner and without site plan approval by the Planning Board, provided:

The activity involves the construction of not more than 200 gross square feet of new construction for a use that is permitted in the district in which the property is located; and

The existing use of the property is a conforming use; and

The property is located in a business or a commercial district; and

The lot and all existing and proposed structures comply with the minimum lot and bulk requirements for the district in which the lot is located, or area variances have been issued by the Zoning Board of Appeals; and

The new construction is one of the following listed activities:

[1]

Enclosure of equipment and storage buildings/sheds.

[2]

Enclosure of access vestibules.

[3]

Enclosure of fire access.

[4]

Enclosure of loading docks.

[5]

Enclosure of sidewalks.

[6]

Enclosure of refuse containers.

[7]

Installation of a freestanding or a wall-mounted sign.

In the case of such de minimus construction, the Building Inspector shall refer the application for a building permit to the Town Planner, who shall review the application and issue a written recommendation to the Building Inspector that the building permit should be issued, with or without conditions; or issue a recommendation that the application should undergo full site plan review by the Planning Board pursuant to this article. In reviewing the application, the Town Planner shall consider the following:

The potential effect of the new construction on drainage, landscaping, parking, and architectural consistency with other structures located on the site.

Whether the site contains one or more nonconformities with the use regulations for the district in which the site is located.

Whether the site contains one or more nonconformities with the area and bulk regulations for the district in which the site is located.

Whether the new construction would comply with the area and bulk regulations for the district in which the site is located.

Whether additional site improvements would be required to correct an existing condition that is causing on-site or off-site flooding, and/or a hazard to pedestrian or vehicle movement, and/or a nuisance related to lighting or landscaping.

Whether the color, size, scale and massing of the new construction is consistent with the appearance of other structures on the site that have been approved by the Planning Board.

In the case of a use conversion which does not require additional construction or site modifications in accordance with the provisions of this chapter, the Town Planner may determine that the site plan application procedures outlined herein are not applicable.

Site plan approval waiver.

In the case of a use conversion which does not require additional exterior construction or site modifications, or in the case of a site plan change involving less than 400 square feet of new construction, the Planning Board may determine that the site plan application procedures outlined herein are not applicable and may waive the requirement of a site plan review, in whole or in part, provided the Board determines:

The proposed change in use or site plan change will not result in additional traffic generation, wastewater flows, water consumption, or additional employees, and

The proposed change in use or site plan change will not affect pedestrian and traffic circulation, eliminate parking, or alter the height of the exterior facade; and

This determination shall be made to the Building Inspector, in writing, after decision of the Planning Board.

Information waiver. The Town Planner or the Planning Board may grant a waiver from the information requirements contained herein where it determines that such information is not relevant, or is not otherwise required, to conduct the review of the application.

State Environmental Quality Review Act. No application for site plan approval shall be deemed complete until a negative declaration has been issued, or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Nothing herein shall be construed to preclude or prohibit the Planning Board from convening a public hearing on an application for site plan approval, provided the Board has determined that the application contains sufficient information and descriptive data to allow for an informed public review.

Greenway compact. The Planning Board shall use its discretion to implement the design standards as set forth in "Greenway Connections."[1]

[1]

Editor's Note: See Ch. 18, Greenway Connections.

Fees. An application for a site plan approval shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by a designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit may be required by the Planning Board.

Violations. No site plan approval shall be issued for any use or new construction where there is on the subject property an existing violation of any chapter of the Town of Poughkeepsie Code or the New York State Building Code. Further, upon written report or receipt of a notice of violation or order to cease and desist from the Zoning Administrator and/or Building Inspector, the Planning Board shall not review, hold public meetings or public hearings, or take action regarding an application for site plan approval until notified by the Zoning Administrator and/or Building Inspector that such violation has been cured or ceased by the applicant. However, the Planning Board may, upon written recommendation of the Zoning Administrator and/or Building Inspector, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance with the Town Code.

§ 210-151 Application procedures; application review.

Site plan application. An application for site plan approval shall be submitted to the Town Planning Department on forms provided by the Department for such purpose. The application form shall be completed by the applicant, and the owner, as required, and shall be accompanied by a site plan map as provided herein. The site plan shall use as a base map an accurate boundary and topographic survey of the property depicting all existing improvements and site topography, and shall be prepared by a licensed land surveyor, a professional engineer, a landscape architect, or an architect licensed by the State of New York. The site plan map shall include the following information:

A site plan application form must be completed in full.

A consent of property owner(s) form must be completed in full with original signature(s).

Fourteen full environmental assessment forms must be completed in full.

Fourteen folded copies of the plot plan at a scale of not less one inch equals 50 feet on a twenty-four-inch by thirty-six-inch sheet; also, 14 copies of the plot plan, landscape plan and the elevations reduced in scale on an eleven-inch by seventeen-inch paper in addition to the full size set of plans.

Submit three photographic enlargements at a minimum scale one inch equals 100 feet. Label project name and grid number. Clearly outline subject parcel, street that it is on, and abutting streets.

The plans are to contain the following information:

The stamp and signature of the professional engineer, registered architect, or landscape architect responsible for the preparation of the plan.

An area map showing the applicant's entire holding, that portion of the applicant's property under consideration, and all properties, subdivision, streets and easements within 500 feet of applicant's property.

Title of the project in lower right corner.

Location map: approximate scale, one inch equals 400 feet (tax map is acceptable).

North point, scale and date.

Dimensions of the lot.

(g)

Screening and landscaping: label existing, proposed and required (include plant species and size).

(h)

Existing and proposed building height.

(i)

Ingress and egress, required and proposed.

(j)

Location, dimension, and number of off-street parking and loading areas and traffic aisles, with required and proposed parking for a building addition or alteration depicted separately from required parking for total parcel.

(k)

Location and dimension of handicapped parking, required and proposed.

(l)

Dimensions of all buildings, existing and proposed.

(m)

Total building area and square footage of each floor.

(n)

Zoning designation of the parcel and the zoning designation of all adjacent parcels.

(o)

A data table listing the minimum and maximum area and bulk regulations for the zoning district, together with a list of the proposed lot and area dimensions.

(p)

Names of all abutting streets and names of all abutting landowners.

(q)

Location of existing and proposed utilities, drainage, landscaping, lighting, and erosion control.

(r)

Location and dimension of existing and proposed retaining walls, fences, location and sizes of signs.

(s)

Existing and proposed contours of the lots at two-foot intervals.

(t)

Elevations at the corners of the buildings.

(u)

Location and dimension of truck loading areas.

(v)

Proposed development of all open spaces, including parks, playgrounds and open recreation areas.

(w)

If required, a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 173, Part 2, Articles II, III and IV. The SWPPP shall meet the performance and design criteria and standards set forth in Chapter 173, Part 2, Articles III and IV. The approved site plan shall also be consistent with the provisions of Chapter 173, Part 2, Stormwater Control.

Planning Department review. Applications for site plan approval shall be submitted by the applicant to the Town Planning Department not less than 24 days prior to a regularly scheduled public meeting. Such application shall be made prior to making application for a building permit. No application shall be deemed complete until a negative declaration has been issued, or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.

[Amended 11-28-2007 by L.L. No. 29-2007]

When officially received. An application submitted under this section shall be deemed received at the next regular meeting of the Planning Board at which the application is to be considered. An application shall be placed on the Planning Board agenda only after payment of the application fee as set by the Town Board and submission of the specified number of copies of the final plat map and any specified supporting documentation.

Public review; public hearing. Except those applications for which the Planning Board has waived site plan review, within 62 days of receipt of a complete application, the Planning Board may hold a public hearing. If the Board determines that a public hearing will be held, notice of the public hearing shall be published in the official newspaper at least 10 days prior to the date set for public hearing, and the Board shall, at least 10 days before such hearing, mail notice thereof to the owners of property within 200 feet of the property that is the subject of the application. The notice shall state the date, time, place and subject of the public hearing at which the application will be reviewed. Such notice shall not be required for adjourned dates. The records of the Receiver of Taxes of the Town of Poughkeepsie shall be deemed conclusive as to ownership, and the notice shall be deemed complete when deposited in a properly addressed postpaid envelope in the United States mail. The Planning Board may also provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that an application for a site plan approval is under consideration by the Board.

County referral. Prior to action on an application for site plan approval under this section, a copy of said application shall be forwarded to the Dutchess County Planning Board for review pursuant to General Municipal Law § 239-m if the boundary of the property that is the subject of the application is located within 500 feet of:

The boundary of any city, village, or town; or

The boundary of any existing or proposed county or state park or other recreation area; or

The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or

The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or

The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or

The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.

Referral to neighboring municipalities. Pursuant to General Municipal Law § 239-nn, for a site plan permit review under this section involving property located within 500 feet of an adjacent municipality, notice of any public hearing shall be given by mail or electronic transmission to the Clerk of the adjacent municipality not less than 10 days prior to the date of said hearing.

Agricultural data statement. An application for site plan approval must also contain an agricultural data statement if any portion of the project is located on property within an agricultural district containing a farm operation, or other property with boundaries within 500 feet of a farm operation located in an agricultural district. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district which contains farm property: and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.

Time of decision. Within 62 days of close of the public hearing, or within 62 days of receipt of a complete application for which the Board has determined that a public hearing will not be held, the Planning Board shall approve, approve with modifications, or disapprove the site plan application. A copy of the Planning Board's decision shall be filed in the office of the Town Clerk within five days of the date of such decision, and a copy shall be mailed to the applicant. In acting to approve, with or without modifications, a site plan application, the Planning Board may attach such conditions and safeguards as it deems necessary to assure that the purpose and intent of these regulations are complied with. Within 60 days of the date of approval or approval with modifications, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modifications required by the Planning Board as a condition of approval. Upon verification by the Planning Board that the plan complies with the requirements of the approval, the plan shall be endorsed by the Planning Board Chairperson and filed with the Planning Board and the Building Inspector. The site owner or applicant shall not commence any site preparation, including but not limited to tree removal, removal of soil, grading, stockpiling of soil or other construction material, until the final site plan has been endorsed by the Planning Board Chairman.

Decision. In rendering its decision concerning any site plan application, the Planning Board shall consider the design standards for the zoning district in which the lot is located, and shall consider the nature, arrangement and appearance of all proposed structures, improvements and uses of the lot, including their potential impact on adjacent properties, architectural features and land uses such that:

They will have a harmonious relationship with the existing and planned development of contiguous lands and adjacent neighborhoods.

They will have no material adverse effect upon the desirability of such neighborhoods for the uses contemplated by this chapter.

They will be properly related to the uses, goals and policies for land development as expressed in the Town Plan.

Pedestrian and vehicular access, traffic circulation and the general layout of the site are properly planned with regard to the safety of vehicles and pedestrians using the site, as well as those on neighboring properties and streets.

New structures will be sited to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation on and off the site, and the impact of solar access to adjacent uses and properties.

The site plan shall reflect an awareness of and sensitivity to the views, terrain, soils, plant life and other unique qualities of the site and shall, to the extent practical, preserve and enlarge upon these assets for recreation, scenic or conservation purposes.

Time limit. The site plan approval shall be void if construction is not started within one year of the date of Planning Board approval, and completed within two years of the date of such approval. Prior to its expiration, the site plan approval may be renewed by request of the applicant for up to two additional ninety-day periods.

Surety. In order to insure the full and faithful completion of all construction activities related to compliance with all conditions set forth by the Planning Board in its issuance of a site plan approval, the owner/applicant shall provide, prior to construction, a surety, in a form acceptable to the Town Attorney, which shall guarantee the satisfactory completion of the project and which names the Town as the beneficiary. The applicant shall file the surety in an amount fixed by the Planning Board in its resolution as sufficient to secure to the Town the satisfactory construction, installation and completion of the required improvements with the Town Board. Such surety shall state the period within which the required improvements must be completed, which period shall be that specified in the Planning Board resolution. All improvements shall be done to the satisfaction of the Planning Board, in accordance with the approved plans and the requirements of this chapter and any other Town construction standards and specifications. In addition, the owner/applicant shall name the Town as an additional insured on all workmen's compensation and general liability insurance policies required to perform the work. The Planning Board may, at its discretion, waive the provisions of this section if other circumstances guarantee and secure completion of required improvements.

The period specified for the completion of all required improvements, as set forth in the bond or equivalent security, may be extended only by resolution of the Town Board upon receipt of a recommendation from the Planning Board and upon request by the applicant with the written consent of the surety company setting forth in detail the amount of work which has been completed, reasons for failure to complete the remainder of the work within the specified period, the maximum estimated time required to complete the remainder of the work and the time period extension which is requested.

If, at any time, either before or during the course of construction of the required improvements, it is determined by the Town Board that unforeseen conditions make it necessary to modify the location or design of any improvements, the Board, with the concurrence of the Planning Board, may modify the terms and conditions of the approval so as to require such changes as may be necessary to comply with the spirit and intent of the Town Board's original approval and to conform to accepted engineering practices. If such modification affects the scope of work covered by a bond or equivalent security, the Town Board may require or allow appropriate modification of such bond or equivalent security.

Site plan amendments. The Planning Board shall review any amendment to a previously approved site plan by following the procedures specified in this section and may grant waivers from the information and procedures specified herein where the Board has determined that the proposed amendment does not warrant a full site plan review or a public hearing. In addition, an amendment of a site plan that was approved as part of an application for special use permit approval shall be reviewed by following the procedures specified in this section without the necessity of following the procedures in § 210-151 where the use for which the special use permit was granted has not and will not change as a result of the site plan amendment.

Appeals. Any person aggrieved by any decision of the Planning Board may apply to the Supreme Court for review pursuant to § 274-a of the Town Law.

Inspections. The Town Engineer shall be responsible for inspecting required improvements during construction to ensure their satisfactory completion and, upon such completion, shall furnish the Planning Board with a statement to that effect. The applicant shall pay to the Town the costs of said inspection, to defray the costs of the inspection. If the Town Engineer determines that any of the required improvements have not been constructed in accordance with the approved plan, the applicant shall be responsible for correcting and properly completing said improvements. Failure of the Town Engineer to carry out inspections of required improvements during construction shall not in any way relieve the applicant or the bonding company of their responsibilities related to the proper construction of such improvements.

Enforcement of approved site plans. The applicant, the landowner, and the contractor are all responsible for the successful implementation and completion of an approved site plan, including, but not limited to:

Installation and maintenance of erosion control measures and/or a SWPPP as depicted on the approved plan; and

Protection and preservation of nondisturbance areas, whether temporary or permanent, as depicted on the approved plan; and

Reclamation of disturbed areas as depicted on the approved plan; and

Installation and completion of site improvements in the location(s) and in the manner as depicted on the approved site plan unless approved as a "field change" amendment by the Town Engineer, the Director of the Planning Department, or Planning Board as the case may be; and

Implementation and completion of environmental mitigation measures as required under any negative declaration or findings statement adopted for the project pursuant to Article 8 of the Environmental Quality Review Act (SEQRA), whether such mitigation measures are depicted on the approved site plan or not; and

Implementation and completion of any other permits and approvals issued by any other agency.

Responsible parties. The applicant, the landowner, and the contractor shall be jointly and severally liable for all costs incurred, including environmental restoration costs, resulting from noncompliance with the approved site plan. Approval of the site plan and commencement of any work related to the approved plan shall constitute express permission by the applicant and the landowner for the Director of the Planning Department and/or her designee(s), or other authorized Town officials, to enter the property for the purposes of inspection for compliance with the approved site plan, whether or not any other permits have been applied for or issued for the project. The approval of the site plan and the commencement of work related to the approved plan is an express waiver of any objection to authorized Town official(s) entering the property for the purpose of conducting an inspection.

Nuisance. Any deviation from the approved site plan, unless prior approved as a "field change" amendment, shall be deemed a public nuisance and may be restrained by an order to stop work, and/or injunction, and/or direct action by the Director of the Town Planning Department and/or his or her designee(s), or other authorized Town officials, to abate the condition, and/or in any other manner provided by law. The Director may issue a stop-work order for the entire construction and site work/disturbance project, or any specified portion thereof, if the Director determines that any of the following conditions exist:

The erosion control measures and/or a SWPPP as depicted on the approved plan are not, or have not been, implemented or are not being properly maintained; and

Nondisturbance and protected buffer areas as depicted on the approved plan are not, or have not been, adequately protected and preserved; and

Disturbed areas are not, or have not been, reclaimed as depicted on the approved plan; and

Site improvements are not, or have not been, installed in the location(s) and in the manner as depicted on the approved site plan and no approval for a "field change" amendment has been issued; and

Environmental mitigation measures required for the project pursuant to Article 8 of the Environmental Quality Review Act (SEQRA) are not, or have not been, implemented; and

Other required permits and approvals from any other agency have not been issued or obtained by the applicant, the landowner, or the contractor.

Notice of violation. For purposes of this section, a stop-work order is validly posted by posting a copy of the order on the site of the construction or site work/disturbance activity in reasonable proximity to said construction or site work/disturbance, and in a location where the posted order is visible. Additionally, a copy of the order, in the case of work for which a permit has been issued, shall be mailed by first-class mail, certified return receipt, and one copy of the order shall be mailed by regular first-class mail, to the address listed by the applicant and to the landowner, as the case may be. In the case of work for which no permit has been issued, a copy of the order shall be mailed by `first-class mail, certified return receipt, and one copy of the order shall be mailed by regular first-class mail, to the person listed as owner of the property according to the latest roll maintained by the Town Assessor's office. If the applicant and/or the landowner does not immediately cease the activity and comply with the provisions of this chapter within one day of the date of the order, the Director may request that the Town Attorney seek injunctive relief. In addition, the Director may revoke all or any portion of any other permits issued in accordance with the Town Code, including building permits, affecting the property. Upon a showing of compliance with the terms of this chapter and proper implementation of the approved site plan, the Director may reinstate any other permit(s) that may have been revoked.

As-built plans. At the completion of construction, and prior to issuance of a Certificate of Occupancy, the owner/applicant shall provide to the Planning Board and the Building Inspector a certification prepared by a professional engineer licensed by the State of New York that all site work has been carried out and completed in substantial compliance with the approved Site Plan for the project. Additionally, the applicant shall provide to the Planning Board and the Building Inspector an "as built" survey of the completed development.

Site maintenance. The premises for which a site plan has been approved shall, at all times, be maintained in accordance with the approved site plan. Failure to keep the premises in a condition that is consistent with the approved site plan may result in a revocation of the certificate of occupancy for the premises. Development projects may periodically be inspected for conformance to the approved site plan, including maintenance of the landscaping and plantings required as part of the site plan approval. If there is nonconformance to the approved site plan, or if any of the conditions of site plan approval are not fulfilled, no certificate of occupancy shall be issued. Where a development project reverts to nonconformance with the approved site plan after issuance of the certificate of occupancy or certificate of completion, the nonconformance shall be deemed a violation of this chapter.

§ 210-152 Planning Board standards for site plan approval.

Site plan design standards. The following standards are intended to provide a framework for development within which the site designer is free to exercise creativity, invention, and innovation while recognizing the general historic, scenic and visual qualities inherent to the Town of Poughkeepsie, with a particular emphasis on compatibility with the surrounding neighborhood. These standards, together with the design standards for the district in which the property is located, shall be considered by the Planning Board during the review of any application requiring site plan approval under this chapter. The Planning Board is hereby authorized to use its discretion to determine whether one or more of these standards apply to a particular application. The Planning Board is also authorized to use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas. The specific application of these standards, the district design standards, or any other standard established by this chapter to an application pending before the Planning Board shall be determined solely by the Planning Board. The Zoning Board of Appeals shall have no appeal or interpretative review authority regarding these standards or the application of these standards to a particular property or development project by the Planning Board. In the event of a conflict between any of the standards of this section and the requirements or the standards of another section of this chapter, the more restrictive of the conflicting standard, provision or regulation shall apply unless otherwise waived or modified by the Planning Board.

Relationship of structures and buildings to site.

In the site plan design, consideration shall be given to the use of existing building forms and layouts which are evidence of the distinctive historic development of the area and, in particular, of any specially designated or recognized scenic and historic districts within the vicinity of the proposed development. The importance of local historic, architectural, environmental and other features of significance to the property and of nearby properties should be recognized as an integral element in the review process.

The site shall be planned to accomplish a desirable transition with the streetscape to provide for adequate planting, safety and economy of pedestrian movement, and safe ingress and egress and parking for vehicles.

Site planning in which setbacks and yards are in excess of the minimum area and bulk requirements is encouraged to provide a variation in relationship between buildings.

Parking shall, unless determined by the Planning Board to be infeasible, be located to the rear or sides of buildings so as not to interfere with the front landscape treatment.

Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and the existing, or anticipated, adjoining buildings. The Planning Board should determine the visual compatibility of a proposed use or site plan change, including concerns for the proportion of the front facade, proportion and arrangement of windows and other openings within the facade (i.e., fenestration), roof shape, and the rhythm and spacing of structures along the street front or roadway, including consideration of setbacks and the treatment of yards.

The Planning Board should encourage the use of a combination of common materials, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles.

(g)

Newly installed and renovated utility services, and service revisions necessitated by exterior alterations, shall be underground unless otherwise allowed by the Planning Board.

Relationship of nonresidential uses to residential districts.

Site plans proposed for nonresidential uses adjacent to a residential district shall be reviewed with regard to the impact of the development on that district. The Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the nonresidential use does not interfere with the quiet enjoyment of neighboring residential property located within a residential district.

Buildings, parking areas, and loading areas associated with nonresidential uses shall be required to meet the following setbacks:

[1]

If the property proposed for development is located in a center, a hamlet, a business, or a commercial district, and is one acre or less in size, and adjoins property located in a residential district, all site improvements shall be set back not less than 50 feet from the adjacent residential lot line.

[2]

If the property proposed for development is located in a center, a hamlet, a business, or a commercial district, and is greater than one acre but not more than two acres in size, and adjoins property located in a residential district, all site improvements shall be set back not less than 65 feet from the adjacent residential lot line.

[3]

If the property proposed for development is located in a center, a hamlet, a business, or a commercial district, and is greater than two acres in size, and adjoins property located in a residential district, all site improvements shall be set back not less than 100 feet from the adjacent residential lot line.

[4]

The Planning Board is authorized to use its discretion to establish alternate landscape buffer setbacks by up to 50% for adaptive reuse and redevelopment projects involving the conversion or the rehabilitation of existing structures, or where site conditions (i.e., steep slopes) already provide a sufficient buffer.

The setbacks are intended to provide a visual and noise buffer between residential and nonresidential uses and shall landscaped to a depth of not less than 25 feet in a location as approved by the Planning Board. The setback shall be planted with a mixture of evergreen and deciduous plantings, or fencing, at a height so as to provide, as much as practicable, a visual screen of the nonresidential improvements from residential uses. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction.

Landscape, buffering and site treatment.

Where practicable, natural or existing topographic features and patterns that contribute to the beauty and character of a site or neighborhood should be preserved.

Grades of walks, parking spaces, terraces, and other paved areas should provide an inviting appearance and should be of such width, as determined by the Planning Board, to easily accommodate pedestrian movement.

Landscape treatment shall be provided to enhance architectural features, strengthen vistas and visual corridors and provide shade.

Unity of design shall be achieved by repetition of certain plant varieties and other materials and by coordination with adjacent developments.

Plant material shall be selected for interest in its structure, texture and color and in consideration of its ultimate growth pattern. Vegetation indigenous to the area and others that will be harmonious to the design and exhibit a good appearance should be used.

In locations where plants will be susceptible to injury by pedestrian or motor traffic, appropriate curbs, tree guards, or other devices shall be installed and maintained. The Planning Board may require the use of markers to delineate curbing and other sensitive features to alert snowplow operators to the existence of such features and curbing.

(g)

Parking areas and traffic ways shall be enhanced with landscaped islands, containing trees and tree groupings. The interior (i.e., nonperimeter) areas of a proposed parking area shall be appropriately landscaped, and such landscaping shall comprise not less than 10% of the land area of the proposed parking facility.

(h)

Screening of service yards, commercial vehicles, commercial trailers, passenger vehicles, parking areas, refuse containers, and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or combinations of these, with all such enclosures being compatible in material, texture, and color with the principal building or buildings on the site.

(i)

Landscaping shall be designed and maintained so as not to create hazardous conditions.

(j)

Landscaping shall be maintained to preserve its original integrity and intended purpose during the life of the proposed use or project. All approvals granted under this section are expressly conditioned on the maintenance of the approved landscaping during the life of the proposed use or project.

(k)

The Board may, at its discretion, consult with one or more persons or firms having experience in landscape architecture and landscape planting as to the appropriate design of lawns and open spaces around proposed buildings and uses, and the appropriate species, size and number of plants to be installed. The reasonable cost of any landscaping review shall be borne by the applicant.

Building design.

Proposed building design shall recognize compatible building forms indigenous to the community and the neighborhood in which the project is located. In particular, building design should consider the existing and historic character of the surrounding neighborhood. Adaptive reuse of existing structures is strongly encouraged.

All freestanding and wall-mounted signs shall be integrated into the building design, and the Planning Board shall conduct a review of proposed signage concurrent with the architectural review.

Building components such as windows, rooflines, doors, eaves, and parapets should have well-designed proportions and relationships to one another and be compatible with the existing and historic character of the surrounding neighborhood. Except when wholly impractical, natural materials should be used.

Mechanical equipment such as air conditioners, satellite dishes, or other utility hardware located on roofs, the ground, or buildings shall be screened from public view with materials harmonious with the building, specified as to color so as to blend with their surroundings, or located so as not to be visible from residential property, or any public land.

Parking and loading.

Parking shall not be located within a front, side or rear yard setback.

The Planning Board shall determine the dimensional requirements for access and internal driveways for the particular use proposed, and may require larger dimensions for site driveways and access roads than the minimum dimensions for site driveways and access roads stated elsewhere in this chapter or the Town Code. Driveways for nonresidential uses shall, as much as practicable, be located so that they are aligned with a street or driveway opposite the proposed use.

Notwithstanding the requirements for off-street loading spaces as specified in this chapter, the Planning Board may require additional space(s) for delivery vehicle loading, may require larger dimensions for each loading space, may require additional setback from adjacent buildings and structures, and may require larger dimensions and means of access for vehicles to such loading spaces than may be stated elsewhere in this chapter.

The design of each parking area and access driveway shall provide adequate room for snow storage.

Material and equipment storage and waste containers.

Areas for the storage of materials and equipment shall be depicted on the approved site plan. The Planning Board shall approve the location and design of outdoor areas for the display of goods for sale.

Adequate facilities for disposal of refuse shall be provided. All refuse disposal units, or locations for deposit of refuse, should be screened from view and designed so as to be fireproof and/or fire-retardant, and to prevent access by rodents, dogs, cats, and vermin. All such enclosures should remain closed at all times, and shall be designed to prevent blowing of paper and refuse.

(7)

Drainage. The proposed development shall be so designed as to provide for proper surface water management through a system of controlled drainage that preserves existing drainage patterns and protects other properties and the environment. The stormwater management design shall include controls for water quantity and water quality as required under the Phase II stormwater program in accordance with the latest State Pollutant Discharge Elimination System permit. All drainage plans shall be reviewed and approved by the Town Engineer.

(8)

Traffic.

All entrance and exit driveways shall be located with due consideration for traffic flow, so as to afford maximum safety to traffic on public streets, and shall meet all current design standards of the appropriate state, county or Town authority unless specifically waived or modified by that authority. No entrance or exit should be located within 75 feet of any street intersection, except if aligned directly opposite that intersection.

On-site circulation shall be designed for ease of use and to connect safely with adjoining properties where appropriate.

Drive-in and drive-through facilities shall be designed to allow emergency access to vehicles within the queue. No drive-in or drive-through facility shall be located between any two structures or objects so that both sides of the queue are not easily accessible for emergency access.

(9)

Pedestrian circulation. Pedestrian circulation should be separated from motor vehicle circulation. Appropriate walkways should be provided on the site and its approaches as determined by the Planning Board.

(10)

Architectural review. In addition to the requirements of this section and § 210-53 of this chapter, during review of any site plan, the Planning Board may, at its discretion, consult with one or more persons or firms having experience in building architecture and design matters as to the appropriate design of building exterior facades, fenestrations, rooflines, lighting, massing, color and materials. In reviewing the architectural appearance of proposed buildings and landscaping, the Planning Board should evaluate the compatibility of the proposed development with that found elsewhere in the Town. The architectural review authority of the Planning Board shall not be limited by the provisions of this section but shall extend to the full authority to conduct such reviews as may be conferred on the reviewing agency by the Town Law, the State Environmental Quality Review Act, and this chapter, as amended. The reasonable cost of any architectural consultation and review shall be borne by the applicant pursuant to the provisions of this chapter.

In preparing its decisions concerning any site plan application, the Planning Board shall consider the nature, arrangement and appearance of all buildings and uses of the lot, including their potential impact on adjacent properties, architectural features and land uses, so that:

They will have a harmonious relationship with the existing and planned development of contiguous lands and adjacent neighborhoods.

They will have no material adverse effect upon the desirability of such neighborhoods for the uses contemplated by this chapter.

They will be properly related to the proposals of the Town development plan.

Pedestrian and vehicular access, traffic circulation and the general layout of the site will be properly planned with regard to the safety of cars and pedestrians using the site, as well as those on neighboring properties and streets.

In areas of heavy traffic congestion or on major arterials, the potential for congestion will be reduced through the use of alternative access designs, such as common driveways, feeder roads and interconnected parking facilities.