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.
[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.
[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.
[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.
[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.
[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.
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.
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.
[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, 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.