Town of Irondequoit, NY Article XV Site Plan Review

[Amended 5-1-1986 by L.L. No. 4-1986]

§ 235-80 Purpose.

The Town of Irondequoit considers the comprehensive review of site development plans for major principal land uses prior to the issuance of building permits to be an essential element of local land control. The site plan review and approval process outlined in this article is designed to ensure that proposed development projects are constructed based on accepted engineering, architectural and site design standards and principles. Site plan review allows developers and Town representatives to discuss and agree on the most appropriate methods of land development based on a variety of considerations and criteria. The site plan review process ensures that development proposals are analyzed for their impacts on local growth, public facilities and infrastructures, as well as surrounding land uses and natural features. The site plan review process also ensures that potential adverse impacts of development are minimized.

§ 235-81 Authority.

[Amended 2-14-1995 by L.L. No. 3-1995; 12-15-1998 by L.L. No. 8-1998; 3-19-2015 by L.L. No. 2-2015]

A. The Town of Irondequoit Planning Board, in accordance with the provisions of § 274-a of New York State Town Law, as amended or changed, shall have the authority to review and approve site development plans for the following uses prior to the issuance of any building permits:

(1) Principal uses.

(a) All principal uses permitted in this chapter, with the exception of single-family dwellings.

(b) A change of use in any preexisting structure involving any permitted principal use, provided that the change in use is not to a single-family dwelling.

(c) Additions or structural alterations to any of the permitted principal uses, with the exception of single-family dwellings, provided that such additions or alterations will affect overall parking requirements on the site or have otherwise been determined, by the Town Department of Planning and Zoning, to require site plan review and approval from the Town Planning Board.

(2) Accessory uses.

(a) Garages, carports or parking structures for multifamily dwellings, apartment buildings, townhouses, condominiums, or other similar uses that exceed the dimensional requirements of § 235-8G of this chapter.

(b) Outdoor, in-ground community swimming pools for multifamily dwellings, apartment buildings, townhouses, condominiums, or other similar uses.

B. The Town of Irondequoit Planning Board shall be authorized to review any site plan before it on a site-specific basis. The Town of Irondequoit Planning Board shall have the power to approve or disapprove any portions of the site plan on a site-specific basis based upon said portions' compliance with New York State law and any and all provisions of the Town of Irondequoit Code. The site-specific review shall require an engineer or architect's stamp on proposed site plans and a letter of credit (LOC) to ensure compliance with approved plans. A note to this effect will be placed on the filed map(s).

C. Conceptual site plan approvals shall be mandatory and shall be open to citizen participation in a public hearing forum after notice pursuant to Town Law § 264, as amended or changed.

§ 235-82 Sketch plan conference.

A. At the time of application for preliminary site plan approval, the applicant shall indicate whether or not an optional sketch plan conference with the Town Planning Board is desired. The Planning Board itself may also choose to require such a conference with the applicant, depending on the nature and complexities of the proposed project. The sketch plan conference shall be conducted at a regularly scheduled meeting of the Town Planning Board, but shall not be a public hearing. The purpose of the sketch plan conference shall be to present to the Town Planning Board, for initial review, discussion and comment, a design concept or plan for the development of a parcel or parcels of land within the Town. During the conference, the applicant and the Planning Board shall review and discuss the basic site design concept and generally determine the information to be required and provided on the preliminary site plan. No formal action shall be taken on the plan or the application at the time of the sketch plan conference.

B. At such a conference, the applicant should provide a written statement outlining the proposed project, along with a conceptual design sketch, and the following additional information:

(1) The general location of the site with respect to existing and proposed streets and rights-of-way, buildings and other facilities and natural features.

(2) Specific identification of all properties, subdivisions, streets and easements within 200 feet of the parcel.

(3) General identification of all existing utilities in the area.

(4) Identification of internal streets or traffic circulation patterns, if any, of the proposed development.

(5) Location of all existing and proposed structures on the site and designed uses for each.

(6) Identification of existing zoning classification(s) of the property and all adjacent properties and any restrictions on land use of the site.

(7) Identification of existing natural features on the site.

(8) A map of site topography with contour intervals of no more than five feet. 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 feet of elevation shall be provided.

(9) A completed environmental assessment form (EAF) for those projects designated as "Type I" or "unlisted actions," as designated by the Town Board under Chapter 123, Environmental Quality Review.

C. Following the sketch plan conference, the Town Planning Board may suggest to the applicant changes in the preapplication sketch involving street layouts, traffic patterns, access building sizes, shapes and/or locations, landscaping techniques, preservation of natural features or other matters which, in the opinion of the Board, would improve the site design concept.

§ 235-83 Preliminary application.

[Amended 12-15-1998 by L.L. No. 8-1998]

A. All preliminary applications for site plan approval shall be made in writing on the appropriate forms and shall include (as required by the Town Planning Board and/or Town Department of Planning and Zoning) drawings, maps or other relevant data containing any or all of the following information (maps and drawings submitted as a part of preliminary site plan approval applications shall be prepared by a licensed engineer, architect, landscape architect or surveyor and certified by the seal and signature of such engineer, architect or surveyor):

(1) A drawing title block indicating the name and address of the applicant and persons responsible for preparation of such drawing.

(2) A North arrow, scale, original date and last revision date for all maps.

(3) An area or location map showing that portion of the applicant's property under consideration, the applicant's entire adjacent holdings and all properties, subdivisions, streets and easements within 200 feet of the applicant's property.

(4) Identification of the boundaries of the property plotted to scale; dimensions of the site and total acreage.

(5) The current zoning of the property and any proposed zoning changes.

(6) The location of existing watercourses.

(7) A grading and drainage plan showing existing and proposed contours and methods of on-site drainage and/or water retention, in accordance with Chapter 196, Stormwater Management.

(8) The location, setbacks, heights and proposed use for all buildings and structures.

(9) Typical floor plans and elevations for all buildings.

(10) The location of any docks, piers, moorings or similar accessory structures.

(11) The location, design and traffic circulation patterns for all parking areas and truck delivery areas showing all ingress and egress points, driveways, drive aisles, etc.

(12) The location and size of all curb cuts.

(13) Descriptions of provisions for pedestrian access and circulation, including sidewalks, handicapped parking areas and ramps, crosswalks and pavement parking, including any easements for public access along shoreline areas.

(14) The size, nature and location of any outdoor storage area; the location of any outdoor fencing, including the size, height and type of construction.

(15) The location, design and construction materials of all existing or proposed site improvements, such as drains, culverts, retaining walls, outdoor storage tanks, retention ponds, air-conditioning units and waste disposal units, etc.

(16) A description of the method of sewage and stormwater disposal and location, design and construction materials of such facilities.

(17) A description of the method of securing public water and the location, design and construction materials of such facilities.

(18) The location of fire lanes and other emergency zones, including the location of all existing and proposed fire hydrants.

(19) The location, size, design and construction material of all proposed signs.

(20) The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy and descriptions of provisions for solar energy use, energy conservation or other environmental design techniques.

(21) The location and proposed development of all buffer areas, including existing and proposed vegetative cover, and the location of all existing stands of trees on the site.

(22) The location and design of outdoor lighting facilities.

(23) A designation of the amount of building area to be used for retail sales or similar commercial activity, if any, and an estimate of the maximum number of employees to be on the site at any one time.

(24) A general landscaping plan and planting schedule, including locations and types of trees and shrubbery to be planted.

(25) An identification of all additional Town, county, state and federal permits, variances and/or other approvals that are necessary in order to complete the project as proposed and an identification of all development permits required, if any, under the provisions of the zoning regulations of the Town's environmental protection overlay districts.

(26) Any other data, information, maps or drawings that are deemed necessary by the Town Planning Board and/or Town Department of Planning and Zoning in order to make a decision regarding the application for preliminary site plan approval.

(27) For site plan review applications for development proposed within 500 feet of Irondequoit Bay or the Lake Ontario shoreline, a soil survey containing the following information:

(a) A two-foot contour map on a scale of one inch equals 200 feet or larger scale.

(b) One soil boring 48 inches deep or deeper per two acres of development.

(c) One deep hole pit eight feet deep or deeper per 10 acres of development (at least one pit per development site).

(d) A map showing the location of soil borings and deep hole pits.

(e) A map showing the separation of intensive soil units (soil map).

(f) Soil descriptions, unless keyed to county soil survey descriptions.

(g) A log of soil borings and deep hole pits.

(h) A summary letter written and signed by a professional soil scientist.

(28) A visual analysis of the proposed development site which identifies all significant scenic views and vistas, and a cultural resource analysis of the site which identifies all significant historic, architectural, archaeological or other cultural buildings and structures.

B. A letter of intent prepared by the applicant or his or her designated representative or agent shall accompany the preliminary site plan application and shall include a statement outlining the proposed project, the owner of the property and any proposed building, the project builder or contractor (if known), a proposed construction schedule, the principals involved in the financing of the project and any other information deemed necessary by the Town Department of Planning and Zoning. Such additional information may include data on the nature and legal status of existing or proposed easements, a description of all deed restrictions or covenants applicable to the property, etc.

C. Appropriate fees to cover the costs of processing the application for preliminary site plan approval shall accompany the application and shall be paid to the Town Clerk upon filing with the Town Planning Board. Such fees shall be established by the Town Board by resolution; may, from time to time, be changed by the Board; and shall not be refundable.

D. The owner or operator of a proposed marina or harbor area may be required to submit information that estimates water quality, current patterns and intensities of boat activity, shoreline alterations and any other conditions which may be altered by the construction of the marina or boat basin for a period of one year after completion of the facility.

§ 235-84 Review and approval of preliminary site plan.

[Amended 2-4-1997 by L.L. No. 1-1997; 12-15-1998 by L.L. No. 8-1998]

A. The Town Planning Board's review of a preliminary site plan application shall include but shall not be limited to the following considerations:

(1) The adequacy and arrangement of pedestrian access and circulation into and through the site (including separations of pedestrian and vehicular traffic), location and design of walkway structures, control of intersections where vehicular and pedestrian traffic converge and overall pedestrian convenience and safety in the site and the adequacy of facilities designed to assist handicapped persons using the facility.

(2) The adequacy and arrangement of vehicular access and circulation into and through the site (including separation of pedestrian and vehicular traffic), location and design of driveways, drive aisles and curb cuts.

(3) The adequacy, type and arrangement of trees, shrubs and other landscaping on the site for use as visual and/or noise deterring buffers between adjoining land uses or as natural design elements to enhance the aesthetic aspects of the project.

(4) In the case of an apartment building, townhouse, condominium or other form of multifamily dwelling, the adequacy of usable open space areas for playgrounds and/or other recreational activities.

(5) The adequacy, location and design of parking facilities, loading and unloading areas and docking facilities.

(6) The adequacy of stormwater and drainage facilities.

(7) The location, arrangement, size and design of buildings, exterior lighting and signage.

(8) The adequacy of water supply to the site and sewage and refuse disposal facilities.

(9) The protection of solar access on adjacent or neighboring properties.

(10) The protection of adjacent properties and the general public against noise, glare and unsightliness or other objectionable influences.

(11) The adequacy of structures, roadways and landscaping in areas with moderate- to high-susceptibility to flooding and ponding and/or erosion.

(12) The proposed grading of the site.

(13) The adequacy of all temporary and permanent provisions to control erosion from the site, maintain existing vegetation and wildlife habitats within the site and deal with peculiar soil types on the site and other similar site environmental problems.

(14) The adequacy, design and location of fire lanes, emergency access zones or other similar areas intended to provide ingress and egress for emergency vehicles and the adequacy and location of fire hydrants.

(15) Provisions for snow storage and/or removal.

(16) The proposed construction schedule or phasing of the project and its relationship to overall project design.

(17) The requested or potential use of provisions of § 278 of New York State Town Law, as amended or changed, to permit or require clustering of development away from sensitive environmental areas.

(18) General project conformance with accepted planning, engineering and site design standards and criteria.

(19) The adequacy, location and design of shoreline/erosion protection structures.

(20) The adequacy, size, location and design of boat docking facilities, fishing piers, slips, catwalks, boat launching ramps and other similar facilities.

(21) The adequacy of provisions of pedestrian access to the shore zone for particular sites.

(22) The aesthetic and architectural qualities of the proposed project, particularly building styles and construction materials used as they relate to any unique characteristics of a particular site and the surrounding natural environment.

(23) The nature and adequacy of protection of identified significant scenic views or vistas or significant cultural resources on the site.

B. Planning Board action on preliminary site plan.

(1) The Town Planning Board shall conduct a public hearing on the proposed preliminary site plan. Such a public hearing shall be conducted within 62 days of the date of receipt of the application for preliminary site plan approval and shall be advertised in a newspaper of general circulation in the Town at least five days prior to the public hearing. The Town Department of Planning and Zoning shall be responsible for notifying, by mail, all property owners within 200 feet of the property involved in the preliminary application of the date and place of said public hearing at least five days prior to such meeting.

(2) Prior to the approval of any development application by the Town Planning Board, the Town Department of Planning and Zoning shall review such application and make recommendations to the Board concerning the project. Such recommendations, shall include an identification of any variances required for the project and/or possible problems with the general site plan design, parking or building layouts, ingress or egress, building density or setbacks, pedestrian and vehicular circulation and other land use, site design, zoning or environmental problems or concerns. Such recommendations may also include possible alternative design solutions. The Town Department of Planning and Zoning shall be responsible for all other Town permit procedures for any given project or proposed development, including the Town environmental quality review process and the procedures for obtaining development permits within environmental protection overlay zoning districts.

(3) The Town Department of Planning and Zoning shall be responsible for referring, as necessary or required, any development project to the various departments or agencies prior to any final action being taken by the Town Planning Board on the application. The Town Department of Planning and Zoning shall also be responsible for referring certain site development plans to the Monroe County Department of Planning for an advisory review and report in accordance with the provisions of § 239-m of the General Municipal Law, as amended or changed, prior to any final action being taken on the application by the Town Planning Board.

(4) Within 62 days of the receipt of an application for preliminary site plan approval, the Town Planning Board shall act on it. If no decision to deny such an application is made within said sixty-two-day period and upon completion of all other requirements by the applicant, the preliminary site plan shall be considered approved. The sixty-two-day time limit for action on the preliminary site plan may be extended by mutual consent or agreement of the Town Planning Board and the applicant. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary plan is approved, disapproved or approved with conditions. The Planning Board may incorporate a statement of findings into the decision and must clearly state the reasons for the action being taken.

(5) The Town Planning Board may approve an application for site plan review when, based on the information presented at the public hearing, it has been determined that the project will adequately and appropriately address the considerations and criteria listed above. The Town Planning Board may place reasonable restrictions or stipulations on such applications in order to ensure that the project will adequately and appropriately address the considerations and criteria listed above.

(6) The Planning Board's decision shall refer to a specific site plan drawing by date and number and may include recommendations of desirable modifications to be incorporated into the final site plan. Conformance with said modifications shall be considered a condition of project approval. If the preliminary site plan is disapproved, the Planning Board's decision shall clearly state the reasons for such denial. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Board after it has been revised or redesigned.

§ 235-85 Final site plan application.

[Amended 12-15-1998 by L.L. No. 8-1998]

A. After receiving preliminary approval, with or without modifications, from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare a final detailed, site plan and submit it to the Planning Board for approval. If more than six months has elapsed since the time of the Planning Board's action on the preliminary site plan and if the Planning Board finds that conditions may have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan and an additional public hearing for further review and possible revision prior to accepting the proposed final site plan for review.

B. The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary plan approval. It shall incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. In addition to that provided elsewhere in this chapter, the Planning Board may require a letter or credit, bond or maintenance bond for any facility or improvement that is indicated as part of the plan, such as parking areas and buffer and screen devices. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

C. In addition to final detailed site plans, the following additional information shall accompany an application for final site plan approval:

(1) A record of application for an approval status of all necessary permits from Town, county and state departments or agencies.

(2) An estimated project construction schedule.

(3) Submission of all proposed easements agreements.

(4) Submission of evidence of firm financial commitments for project construction and permanent financing for completion of the project.

(5) Any other information or data necessary by the Town Department of Planning and Zoning and/or Town Planning Board.

D. Such review shall take place at a regularly scheduled meeting of the Town Planning Board, but shall not require a public hearing.

E. If the final detailed site plan is substantially different from the approved preliminary plan, then the applicant shall present any modifications to the Planning Board as a preliminary site plan in accordance with the approval procedures found in this section. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the Planning Board resolution which approved the preliminary site plan. If a negative decision is reached, the site plan shall be considered disapproved.

§ 235-86 Review and approval of final site plan.

[Amended 2-14-1995 by L.L. No. 3-1995; 2-4-1997 by L.L. No. 1-1997; 12-15-1998 by L.L. No. 8-1998]

A. Within 62 days of receipt of the application for final site plan approval, the Planning Board shall render a decision to the Director of Development Services. If no decision is made within the sixty-two-day period, and upon completion of requirements to be met, the final site plan shall be considered approved. However, the sixty-two-day time period may be extended by mutual consent of the Town Planning Board and the applicant. The Planning Board's decision shall clearly refer to a specific site plan by drawing number and date.

B. Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward such copy to the Town Building Inspector. Upon disapproval of a final site plan, the Planning Board shall so inform the Director of Development Services and the Director of Development Services shall deny a building permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval or approval. Town Planning Board approval of a final site plan shall expire after one year from the date of such decision, unless a building permit has been taken out within such time period, for work indicated on the final site plan and substantial site development and/or construction has begun. An application for preliminary or final site plan approval that has been denied by the Town Planning Board may not be resubmitted to the Board for a period of one year from the date of such decision, unless such plan has been changed or revised to reflect the concerns and recommendations of the Planning Board indicated in its notice of denial.

C. In taking action on applications for final site plan approval, the Town Planning Board shall ensure that, to the extent possible, the requirements of this chapter have been met or that appropriate variances have been granted by the Town Zoning Board of Appeals. The Town Planning Board may impose additional restrictions or conditions on applications for final site plan approval beyond the general requirements of this chapter, but within the scope and authority of this section, if it determines that such restrictions or conditions are necessary to ensure project conformance with generally accepted planning, engineering and design standards and criteria to minimize the project's adverse impact on adjacent land uses and other physical and environmental features or are directly related to the, health, safety or general welfare of the community. Such additional restrictions or conditions shall be in the form of a resolution of approval to be signed by the applicant as a condition of final site plan approval. Final site plan approval cannot be granted for any project until all necessary variances from the Town Zoning Board of Appeals have been granted and/or all use permits from the Town Board have been granted and a review or referral has been received concerning the project from the Monroe County Division of Planning and Zoning in accordance with the provisions of § 239-m of the General Municipal Law, as amended or changed.

D. Upon approval of the final site plan, the Town of Irondequoit Planning Board shall authorize the Town Engineer and/or the Director of Planning and Zoning and/or the Director of Development Services to enter any portion of the area covered on the site plan to ensure that construction is in compliance with final site plan requirements. The applicant shall consent to this entry or be subject to revocation of final site plan approval.

E. Upon approval of the final site plan, the applicant shall certify through its engineers that development of the project substantially complies with final site plan approval every 60 days or at such other and further period of time as may be deemed necessary by the Town Engineer. Failure to submit the required certification in a timely fashion shall empower the Town of Irondequoit to halt development and conduct the necessary engineer's inspection at the expense of the applicant.

§ 235-87 Possible actions on preliminary and final applications.

The Town Planning Board may take any one of the following actions on an application for preliminary or final site plan review:

A. Preliminary approval: the application is given preliminary site plan approval as presented.

B. Preliminary approval with modifications: the application is given preliminary site plan approval subject to certain modifications being made in the plan that will be on the final site plan.

C. Disapproval: the application for site plan approval is denied based upon reasons stated in the decision.

D. Disapproval without prejudice: the application for site plan approval is denied based upon reasons stated in the decision. However, the Planning Board may reconsider the application if substantial changes are made in the site plan design or overall project concept. A new application fee for the Planning Board is required and an additional public hearing is required if and when the new plans are submitted.

E. Final approval: the application is given final site plan approval as presented.

F. Final approval with modifications or conditions: the application is given final site plan approval subject to certain modifications or conditions contained in the decision or resolution of approval to be signed by the applicant.

G. Reserve decision: further action on an application for site plan approval is postponed pending receipt of additional information or data.

H. Tabled: the preliminary site plan hearing is postponed pending receipt of additional information, appearance of applicant or a representative, etc.

I. Recommendation for approval: Town Board referral or application for site plan review is given a recommendation of approval, with or without modifications, for further action by the Town Board.

J. Recommendation for denial: Town Board referral or application for site plan review is given a recommendation of denial, with reasons, for further action by the Town Board.

§ 235-88 Costs.

Costs incurred by the Town Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan that are over and above the basic application fee shall be charged to the applicant at a rate as established by the Town Board.

§ 235-89 Coordination of review.

[Amended 12-15-1998 by L.L. No. 8-1998]

Whenever the particular circumstances of a proposed development require compliance with either special use permit procedures as found in this chapter or requirements of Chapter 204, Subdivision of Land, or local SEQR regulations,[1] then the Town Planning Board and Town Department of Planning and Zoning shall attempt to integrate, where possible, site plan review as required by this section with the procedural and submission requirements for such other compliance.

[1] Editor's Note: See Ch. 123, Environmental Quality Review.