[Amended 10-24-2007 by L.L. No. 4-2007; 7-22-2009 by L.L. No.
2-2009; 5-23-2018 by L.L. No. 6-2018; 6-9-2021 by L.L. No. 2-2021]
A.
All uses listed as special uses in the Schedule of Permitted Uses and Special Permit Uses, § 240-27,[1] are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform to, but not be limited to, the following general requirements as well as the pertinent supplementary regulations. Special uses are subject to the requirements of § 240-72, Site plans.
[1]
Editor's Note: Schedules A1, A2 and A3 are attached to this chapter as Appendix A.
B.
General provision. The special uses for which conformance to additional
standards is required by this chapter shall be deemed to be permitted
uses in their respective districts, subject to the satisfaction of
the requirements and standards set forth therein in addition to all
other requirements of this chapter.
C.
Preapplication meeting. Applicants are encouraged to meet with the
Planning Board prior to submitting a formal application. The preapplication
interview can be useful to discuss concepts, clarify procedures, and
coordinate all applicable zoning requirements as they appear throughout
this chapter.
D.
Application and referral. Application for a special permit shall be made, in writing, to the Planning Board. The Planning Board shall fix a time within 45 days from the receipt of an application deemed complete by the Planning Board for a public hearing. There shall be a special permit application fee. The amount of the fee shall be set forth on the prevailing fee schedule adopted by resolution of the Town Board and as such schedule is modified from time to time by resolution of the Town Board. Public notice shall be given by publication in the newspaper of such hearing at least five days prior to the date of the public hearing. The Secretary of the Planning Board will record in the minutes of the hearing the names of any of the abutting property owners and other nearby residents with a legitimate interest who object to the granting of the special permit and the reasons why, such information to be given consideration in arriving at a permit decision. Within 45 days of said hearing and a determination by the Town Engineer that the application is technically sufficient, the Planning Board shall approve, approve with modifications or disapprove the special permit. The decision of the Planning Board shall be filed in the office of the Town Clerk. No building permit shall be issued for special uses until the provisions of § 240-71 have been met.
E.
Coordination of special permits and site plan review. All land uses granted by special permit will require completion of site plan review requirements. Applicants shall submit, and the Planning Board shall review, related special permit and site plan applications simultaneously. Site plan review requirements are enumerated in § 240-72.
F.
Notice to abutting property owners. At the time an application to
the Planning Board has been deemed complete, the applicant shall notify
all abutting and adjacent landowners by mail with respect to the application
and hearing for a special permit. Proof of such mailing shall be submitted
to the Planning Board Secretary prior to the public hearing on the
application.
G.
Required plan. A plan for the proposed development of a site for
a special use shall be submitted to the Planning Board with an application
for a special permit. The plan shall be drawn to a scale of 20 feet
to an inch or larger, unless otherwise agreed to by the Planning Board,
and shall show:
(1)
The location, proposed use, design and height of all buildings and
structures.
(2)
The location and size of all parking and truck loading areas, with
access and egress drives thereto.
(3)
The location of outdoor storage and display areas, if any, and the
anticipated items to be stored or displayed and their type, bulk,
height and schedule of yearly use by month.
(4)
The location of all existing or proposed site improvements, including
drains, culverts, retaining walls and fences.
(5)
A description of the method of sewage disposal and the location of
such facilities.
(6)
The location, height, size and elevations of all signs.
(7)
The location and proposed development of buffer areas.
(8)
The location and design of lighting, power and communications facilities.
(9)
The amount of building area proposed for retail sale uses, if any.
(10)
Any proposed division of buildings into units of separate occupancy.
(11)
Be accompanied by a stormwater pollution prevention plan consistent with the requirements of Town of LaGrange Town Code Chapter 197 shall be required for the approval of a special use permit. The SWPPP shall meet the performance and design criteria and standards in Chapter 197, Article V. The approved special use permit shall be consistent with the provisions of Chapter 197.
(12)
Any other information the Planning Board may require to act
on the special permit application.
H.
Planning Board report, considerations and scope. The Planning Board,
after public notice and hearing, may approve the issuance of a permit,
provided that it shall find that all of the following conditions and
standards have been met:
(1)
The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, the size
of the site in relation to it and the location of the site with respect
to streets giving access to it are such that it will be in harmony
with the appropriate and orderly development of the district in which
it is located.
(2)
The location, nature and height of buildings, walls and fences and
the nature and extent of the landscaping on the site are such that
the use will not hinder or discourage the appropriate development
and use of adjacent land and buildings.
(3)
Operations in connection with any special use will not be offensive,
potentially dangerous, destructive of property values and basic environmental
characteristics or detrimental to the public interest of the Town
and not be more objectionable to nearby properties by reason of noise,
fumes, vibration, electromagnetic radiation, the flashing of lights
and similar nuisance conditions than would be the operations of any
permitted use not requiring a special permit.
(4)
Parking areas will be of adequate size for the particular use, properly
located and suitably screened from adjoining residential uses, and
the entrance and exit drives shall be laid out so as to achieve maximum
safety.
(5)
The use conforms in all respects to all the regulations of this chapter
and particularly to the specific supplementary regulations that may
apply to such use.
(6)
The Planning Board shall require such additional conditions and safeguards
to the special permit as may be necessary to assure continual conformance
to all applicable standards and requirements.
I.
If the Planning Board indicates that all applicable requirements
have been met and approves the special use permit, it shall approve
issuance of the permit for which application has been made, including
such conditions and safeguards to the permit as have been required.
The Zoning Administrator shall not issue the permit for which the
application has been made until receipt of a written permit approval
from the Planning Board.
J.
Expiration of special permits. A special permit shall be void if
construction is not started within one year and completed within two
years of the date of the final site plan approval, except that such
special permit approval may be renewed by the Planning Board at its
discretion.
K.
Waiver. The terms and conditions of a special permit may be modified
by application to the Planning Board in the same manner as an application
for a new special permit. In the event that the modification sought
is deemed insubstantial by the Planning Board, it may waive one or
more of the requirements of this section.
L.
Revocation of special permits. Special permits may be revoked by
the Planning Board in the event of substantial deviation from approved
special permit conditions, and the use allowed by special permit shall
terminate immediately.
M.
Existing violations. No permit shall be issued for a special use
for a property upon which there is an existing violation of this chapter.
N.
Performance bonds. The applicant will be required to post performance
bonds pursuant to this chapter in sufficient amounts and duration
to assure that all streets or other public places shown on the site
plan shall be suitably graded and paved and that street signs; sidewalks;
streetlighting standards; curbs; gutters; street trees; required improvements
to existing streets and intersections; water mains; fire alarm signal
devices, including necessary ducts and cable or other connecting facilities;
sanitary sewers and storm drains or combined sewers shall all be installed
in accordance with standards, specifications and procedures acceptable
to the appropriate Town departments.
O.
Referral. The Planning Board shall comply with the provisions of
Article 12-B, §§ 239-l and 239-m, of the General Municipal
Law, as amended, and refer to the Dutchess County Department of Planning
such special permit applications as are within its jurisdiction.
P.
In residential district, the adaptive reuse of structures shall be
performed in such a way so as to complement the character of the existing
neighborhood and is no more harmful or objectionable to the neighborhood
than the nonconforming use from which it has changed.
Q.
For uses involving an adaptive reuse conversion of a nonresidential
structure, 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 is consistent with the guidelines
in the subsection above.
[Amended 10-24-2007 by L.L. No. 4-2007; 8-27-2008 by L.L. No. 8-2008; 9-10-2014 by L.L. No. 4-2014; 5-23-2018 by L.L. No. 6-2018]
A.
Purpose. The purpose of this article is to ensure
that the site plan, architectural plans and location and dimension
of buildings shall be of such character as to harmonize with the neighborhood,
to accomplish a transition in character between areas of unlike character,
to protect property values and to preserve and enhance the appearance
and beauty of the community, and to avoid an adverse impact on adjacent
land uses.
B.
Applicability.
(1)
Site plan approval by the Planning Board in accordance
with this section is required for the proposed use or changes in use
of land, buildings, and other structures for:
(2)
Approval required.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.
No certificate of occupancy shall be issued for such premises until
all of the requirements of the Planning Board's approval, including
any conditions attached thereto, shall have been met.
(3)
Continued conformance required. Continued conformance
with such plan and requirements, including the maintenance of all
improvements, shall be a condition of the continued validity of the
certificate of occupancy.
(4)
Revision of site plan approval. Revisions of such plans shall be
subject to the following review:
(a)
Minor revision. If an enlargement or alteration does not exceed
25% of the existing structure and a change of use does not constitute
an intensification of use or change to the existing site plan as determined
by the Building Inspector, with the advice of the Director of Planning
and Public Works and any outside agencies and consultants that are
appropriate, then only a building permit will be required and no site
plan shall be required. The Building Inspector shall consider all
applications approved within the five years preceding the proposal
as illustrative for these purposes. Precedent shall be applied where
possible in the judgment of the Building Inspector.
(b)
Medium revision. If an enlargement or alteration does not exceed
50% of the current structure and a change of use does not constitute
a significant intensification of use or change to the existing site
plan as determined by the Zoning Administrator, with the advice of
the Director of Planning and Public Works and any outside agencies
and consultants that are appropriate, then a targeted site plan review
shall be required, limited to site and environmental items identified
by the Building Inspector. The Building Inspector shall consider all
applications approved within the five years preceding the proposal
as illustrative for these purposes. Precedent shall be applied where
possible in the judgment of the Building Inspector.
(c)
Substantial revision. All other revision shall be subject to
the same approval requirements as a new application.
(5)
The Planning Board may, in its discretion, vary the requirements
of any site plan so as to assure substantial compliance with the intent
of this provision while relieving the applicant of undue or oppressive
burden hardship in obtaining approval.
(6)
Exercise of power by Planning Board. The Planning Board may, subject
to final approval by the Town Board and subsequent to a public hearing,
adopt such rules and regulations as it deems necessary to properly
exercise this power of site plan review.
C.
Application procedures.
(1)
Applications for site plan approval shall be presented
to the Planning Board at least 20 days prior to a scheduled public
meeting and shall be made prior to the application for a building
permit.
(2)
There shall be a site plan application fee and an
approval fee in the event of approval. The fees are established by
the Town Board by resolution.
(3)
The application shall be complete and in a form acceptable
to the Planning Board and should be accompanied by a detailed site
plan prepared by a qualified individual or firm, including but not
limited to a registered architect, professional engineer, licensed
land surveyor or landscape architect, and shall contain at least the
following information:
(a)
A location map, at a convenient scale, showing
the applicant's entire property and all easements and streets and
existing structures within 500 feet of the applicant's property.
(b)
The proposed location, size, use and architectural
design of all buildings and structures.
(c)
Any proposed division of buildings into units
of separate occupancy.
(d)
Existing topography and proposed grade elevations
at a contour interval of not more than two feet, unless otherwise
specified by the Planning Board; soil types; designated wetlands;
one-hundred-year floodplain areas; terrain with slopes in excess of
10%; and the location of all trees with a diameter greater than eight
inches diameter breast high (DBH) or a general tree line indicating
a forested land cover, with appropriate notations indicating the various
significant tree sizes.
(e)
The location and capacity or number of all existing
and proposed roads, parking and truck loading areas, including access
and egress drives.
(f)
The location of outdoor storage and display
areas, if any.
(g)
The location, description and design of all
existing and proposed site improvements, including pavement, walks,
curbing, drains, culverts, retaining walls and fences, parks, open
space and recreation facilities.
(h)
A description of the method of sewage disposal
and the location of such facilities.
(i)
A description and the location of all water
supply facilities, including wells, casings, pumps, mains, hydrants
and storage tanks.
(j)
The location, height, design and size of all
signs.
(k)
Identification of proposed landscaping and buffer
screening areas.
(l)
The location and design of lighting and communications
facilities.
(m)
The location, type and design of all waste handling
facilities.
(n)
The character and location of all power distribution
and transmission lines.
(o)
The location and description of all subsurface
site improvements and facilities.
(p)
Landscaping: grading and landscaping plan.
(q)
Cut and fill: extent and amount of cut and fill for all disturbed areas, including before-and-after profiles of typical development areas, parking lots and roads. All excavation shall comply with the provisions of § 240-67B(3) of this chapter.
(r)
Stormwater management. Adequate provisions for quantitative and qualitative control of stormwater runoff shall be provided. Methods to include water quality treatment measures, either structural or nonstructural, retention, detention, infiltration, etc. and piping or channeling to existing drainage systems during and after construction, and shall comply with the requirements set forth in Chapter 197 of the Town Code.
(s)
A signature block for Planning Board endorsement
of approval, the applicant's name and address, North arrow, scale
and date.
(t)
Additional information. At the request of the
Planning Board, any other pertinent information as may be necessary
to determine and provide for the proper enforcement of specific provisions
of this chapter shall also be provided.
(u)
SEQR. No application shall be deemed complete
without compliance with state environmental quality review (SEQR),[1] including an environmental assessment form (EAF) and,
where necessary, a lead agency determination, a negative or positive
declaration and the submission of an acceptable draft environmental
impact statement (DEIS).
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
D.
Public hearing and action by Planning Board.
(1)
The applicant shall notify, by certified mail, all
adjacent property owners of the date, time, place and subject of the
public hearing at which the site plan will be reviewed. Such notice
shall not be required for adjourned dates. The records of the Receiver
of Taxes of the Town of LaGrange 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.
Proof of such mailing shall be submitted to the Planning Board Secretary
prior to the public hearing.
(2)
The applicant shall be responsible for advertising
the public hearing in a newspaper of general circulation and shall
deliver an affidavit of such publication to the Planning Board Secretary
prior to or at the public hearing.
(3)
Within 45 days of the date of the completion of the
public hearing and a determination by the Town Engineer that the application
is technically sufficient, the Planning Board shall act to approve,
approve with modifications or disapprove the proposed site plan. A
copy of the Board's decision shall be filed in the offices of the
Town Clerk and the Zoning Administrator and a copy thereof mailed
to the applicant.
(4)
Within 60 days of the date of approval or approval
with modifications, the applicant shall present to the Planning Board
Chair a corrected final site plan in reproducible form, including
any modification required by the Planning Board as a condition of
its approval. Upon verification by the Planning Board that the plan
complies with the requirements of the Board, the plan shall be endorsed
by the Planning Board Chair and properly filed with the Zoning Administrator,
the Planning Board and the Town Clerk, and the Town Engineer's office.
No building permit shall be issued until compliance with this section
is complete.
E.
Planning Board standards for site plan approval. In
preparing its decision 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:
(1)
They will have a harmonious relationship with the
existing and planned development of contiguous lands and adjacent
neighborhoods.
(2)
They will have no material adverse effect upon the
desirability of such neighborhoods for the uses contemplated by this
chapter.
(3)
They will be consistent with provisions of the Town
of LaGrange Comprehensive Plan.
(4)
New structures will be sited and located 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 both on and off the
site, and the impact on solar access to adjacent uses and properties.
(5)
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 maximum extent possible, preserve and
enlarge upon these assets for recreation, scenic, or conservation
purposes.
(6)
The proposed use, buildings and other structures, including outside storage areas, recreational areas, site development, landscaping, and off-street parking and loading, shall conform to all of the requirements of this chapter, Chapter 203, Subdivision of Land, the Highway Specifications and all other applicable Town laws.
F.
Detailed standards. The following detailed standards
must be followed in all site plans:
(1)
Pedestrian and vehicular access, traffic circulation
and the general layout of the site shall be properly planned with
regard to the safety of cars and pedestrians using the site, as well
as those on neighboring properties and streets.
(a)
Where reasonable alternate access is available,
the vehicular access to the lot for a use permitted only in a commercial
or industrial district shall be arranged to avoid traffic use of local
residential streets.
(b)
Where a lot has frontage on two or more streets,
the access to the lot shall generally be provided where there is lesser
potential for traffic congestion and for hazards to traffic and pedestrians.
(c)
The street giving access to the lot shall have
traffic-carrying capacity and shall have a suitable travel way and
other improvements to accommodate the amount and types of traffic
generated by the proposed use.
(d)
Where necessary to safeguard against hazards
to traffic and pedestrians and/or to avoid traffic congestion, provision
shall be made by the applicant for turning lanes, traffic directional
islands, frontage road driveways and traffic controls within the street.
(e)
Access driveways shall be of a design and have
sufficient capacity to avoid backup of entering vehicles within any
street.
(2)
Stormwater pollution prevention plans.
(a)
A stormwater pollution prevention plan consistent with the requirements of Town of LaGrange Town Code Chapter 197 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 197, Article V. The approved site plan shall be consistent with the provisions of Chapter 197.
(b)
Provision shall be made on the site for the
management of stormwater, including the collection and disposal thereof,
in the following manner:
[1]
To assure the usability of off-street parking
and loading spaces.
[2]
To avoid hazards to pedestrians and vehicular
traffic on the lot and in any street.
[3]
To avoid stormwater flow across sidewalks and
other pedestrianways.
[4]
To protect watercourses and wetlands from pollution,
erosion and sedimentation.
[5]
To avoid an increase in the postdevelopment
peak rate of runoff from the predevelopment peak rate of runoff from
the site.
[6]
To avoid an amount of discharge and time of
concentration of flow beyond the capacity of downstream drainage facilities.
[7]
To avoid upstream and downstream flooding.
(3)
Erosion and sediment control. Provisions shall be made for the control of erosion and sedimentation and for avoiding siltation of streams and wetlands, Town roads and storm drainage systems, or the accumulation of sediment on adjoining properties both during construction and upon completion thereof. The applicant must prepare and design a erosion and sediment control plan utilizing temporary and permanent erosion and sediment control measures, to include an inspection and maintenance schedule, sequencing schedule, and appropriate erosion and sediment control notes in accordance with the New York State Standards and Specifications for Erosion and Sediment Control, latest revised edition, and with requirements set forth in Town Code Chapter 197 and § 240-45B.
(4)
Sanitation. Proper provision shall be made for the
water supply and sewage disposal requirements of the proposed use.
Central water supply and/or sewage disposal systems and private on-site
systems shall be designed and constructed in accordance with applicable
county and/or state law. In addition, provision shall be made for
the collection, storage and disposal of solid wastes accumulated in
connection with the proposed use and for control of litter by means
of receptacles, fences or other means.
(5)
Fire protection. Proper provision shall be made for
fire protection, taking into account any recommendations of the Fire
District Board of Commissioners and including the following:
(a)
Suitable location for and access to fire hydrants
and/or fire ponds and other water storage.
(b)
Suitable access to buildings and storage areas
for operation of fire protection vehicles and equipment.
(c)
Sufficient controls on traffic and parking to
permit access by fire protection vehicles in emergencies.
(d)
Adequate circulation driveways within the lot,
coordinated with access to other lots, to permit access by fire protection
vehicles.
(6)
Lighting. The location, height, design, arrangement
and intensity of outside lighting, including the illumination of signs,
shall minimize glare. Such lighting shall also avoid creating hazards
to traffic and shall harmonize with the neighborhood.
(7)
Outdoor deposit. Outdoor deposit shall be located
in the areas shown on the site plan and shall be limited and enclosed
in each district as follows:
(a)
In the RFD, RMD and RLD Districts, there shall
be no outdoor deposit areas, except areas for the temporary storage
of solid wastes and provided that such areas are enclosed.
(b)
No outdoor deposit shall extend within less than the minimum building setback distances specified in § 240-28, Schedules B1 and B2,[2] from the center line or right-of-way line of a state highway,
county road or Town road or from any noncommercial district boundary
line.
[2]
Editor's Note: Schedules B1 and B2 are attached to this chapter as part of Appendix B.
(c)
In addition, in Commercial and Town Center Districts,
no outdoor deposit shall extend within less than the minimum building
setback distances from a property line specified in Schedules B1 and
B2.
(d)
All outdoor deposit areas shall be limited in
area to no more than 20% of a lot area or 20% of the ground coverage
of all buildings, whichever is smaller.
(e)
All outdoor deposit areas shall be screened
from view from any abutting property.
(8)
Landscaping shall be provided and permanently maintained
on the lot to conform to the following:
(a)
All portions of the lot not covered by buildings
and other structures, outdoor deposit areas, areas for off-street
parking, loading and driveways and any other paved areas shall be
suitably landscaped with trees, shrubs, lawns or other suitable landscaping
or, if not disturbed by filling, grading, excavation or other construction
activity, may be left as natural terrain when having a location, character,
size and shape and vegetative cover that supports the landscaping
plan for the lot.
(b)
Landscaping shall be designed with consideration
for enhancement of the appearance of the lot, for protection from
wind, for air pollution reduction and for temperature modification.
(c)
In Commercial, Industrial, Hamlet, TCB and TCR
Districts, the area specified for minimum building setback distances
in Schedules B1 and B2[3] from any noncommercial district boundary line shall be
suitably landscaped with evergreen shrubs or trees or such evergreens
in combination with embankments, fences, and/or walls so as to provide
a transition to the noncommercial districts. Suitable natural terrain
and existing evergreen trees and shrubs may be preserved or augmented
with new planting to satisfy the landscaping requirement in such setback
area.
[3]
Editor's Note: Schedules B1 and B2 are attached to this chapter as part of Appendix B.
(d)
Off-street parking and loading areas shall be provided with landscaped planting islands as provided in § 240-42.
(e)
All off-street loading docks located in the
Town Center District and visible from any street or residential area
shall be screened from view by means of fences, walls, embankments
or evergreen shrubs or trees.
(f)
All landscaping materials shall be of a type
and/or species suitable for the location of the lot in the Town and
suitable for the soil conditions on the lot and shall be planted and
maintained in accordance with good landscaping practice.
(9)
Handicapped persons. The site plan, for any use to
which the public is expected to visit, shall make proper provision
for buildings and site developments that are accessible to and functional
for physically handicapped persons, such as by provision of walks
and ramps of suitable width and grade, curb cuts, identified wide
parking spaces and ground-level building entrances. The New York State
Uniform Fire Prevention and Building Code requirements shall apply
to all site plans.
(10)
Existing streets. Where the lot has frontage
on an existing street, proper provision shall be made for the grading
and improvement of shoulders and sidewalk areas within the right-of-way
of the street and for provision of curbs and sidewalks in accordance
with the pattern of development along the street. Where necessary
to provide for suitable access or for a system of neighborhood circulation
streets, provision shall also be made for appropriate continuation
and improvement of streets terminating at the lot where the use is
to be located.
(11)
Architecture.
(a)
The design of all structures shall be harmonious
with the surrounding landscape character and shall be compatible with
those surrounding structures which respect traditional design themes
in LaGrange, Dutchess County and the Hudson Valley. Compatibility
shall be determined by a review of proposed:
(b)
The Planning Board reserves the right, at the
developer's expense, to solicit professional advice on issues of design
and compatibility. The Planning Board may recommend and the Town Board
may adopt specific design guidelines, including preferred architectural
styles, to guide applicants for site plans under this section.
G.
Reapproval of site plans.
[Added 8-22-2018 by L.L.
No. 11-2018]
(1)
The Planning Board's conditional site plan or unconditional site
plan approval shall be valid for a period of one year. If a building
permit is not obtained for the project within one year after site
plan approval, or if construction is not completed to the point of
certificate of occupancy within two years after approval, then the
site plan approval shall expire. The Planning Board shall be empowered
to grant an extension of no more than one year for either the time
frame for issuance of a building permit or the time frame for completion
of construction and issuance of a certificate of occupancy.
(2)
This subsection addresses the potential for reapproval of site plan
approvals by the Planning Board, in a fashion which avoids the need
for full reapplication for site plan approval due to the failure to
comply timely with conditions attached to the site plan approval or
for the failure to meet the time limitations established in this subsection.
The intent is to establish an expedited procedure, particularly where
the circumstances do not include intervening changes in local or other
agency regulations, intervening exhaustion of local or other agency
permits and approvals, or intervening change of circumstances related
to the physical or environmental setting of the project and its surrounding
neighborhood or relevant public road networks. The purpose of this
procedure is to carry forward without amendment or modification the
next preceding site plan approval and the conditions attached to it.
(3)
Procedure.
(a)
The applicant or its successor shall apply for reapproval on
forms established and prescribed by the Planning Board for its Clerk.
(b)
The applicant shall address, in narrative form, and shall submit
such professional reports and opinions as are deemed warranted by
the applicant in the first instance, or as are requested by the Planning
Board in the review of the application, addressing the following issues:
[1]
An explanation as to why conditions of the conditional site
plan approval could not be met and/or other circumstances that delayed
proceeding with construction.
[2]
Whether any local or other agency permits or approvals issued
in connection with the project have expired or will expire prior to
the expiration of the prevailing time extended to the applicant to
fulfill conditions attached to the site plan.
[3]
Whether any local laws, rules or regulations, or any relevant
statutes, rules or regulations pertaining to federal, state, or other
local agencies, and relevant to the approved site plan, have changed
in a relevant and material way so as to affect the site plan in any
way since the next preceding approval of the site plan.
[4]
Whether there have been any intervening, relevant and material
changes in circumstances, including, but not limited to, the physical
and environmental setting of the land devoted to the approved site
plan, adjoining or nearby lands, or relevant highway networks, wetlands
and water bodies, floodplains, slopes, and stormwater courses and
concentrations.
[5]
A description of any intervening site plan improvement work
performed on the subject lands or in proximity thereto.
(4)
Based upon the content of the reapproval application, and the reports
and recommendations of the Town staff and/or their designee, the Planning
Board shall determine whether ministerial reapproval of the conditional
site plan approval should be made without the need for public hearing
and without the need for further review under the State Environmental
Quality Review Act (SEQRA). The Planning Board may deem the reapproval
application a Type 2 action. The Planning Board may schedule a public
hearing to address these issues at its option. In the event of a second
or subsequent application for reapproval, the Planning Board shall
solicit, in writing, the recommendation of the Town Board with respect
to the granting of such reapproval.
(5)
In the event that the Planning Board determines, on the basis of examining the criteria set forth in Subsection G(3)(b) above, that reapproval is warranted, it shall adopt a resolution so finding and defining the date on which the reapproval shall be effective and the date, one year thereafter, at which time the resulting extended period of time to fulfill conditions to the next preceding site plan approval shall expire. The Planning Board shall be empowered to attach conditions to reapproval. In the event that the Planning Board determines that reapproval under this section is not warranted absent more detailed review, it shall determine that the applicant or project sponsor at the time shall have the option of either relinquishing conditional site plan approval or to make full and complete reapplication for conditional site plan approval meeting all of the requirements of this chapter pertaining to applications for site plan approval.
(7)
The Town Board shall establish in its fee schedule or schedules the
applicable fee for application and/or approval of a request for reapproval
under this section.
(8)
Any application or approval fees earlier charged against the approved
site plan project at the time of earlier or next preceding conditional
site plan approval shall be payable in full at the time of any resolution
of the Planning Board granting reapproval but no later than 10 days
after the said resolution, absent which the said resolution shall
be deemed a nullity.
(9)
The applicant must apply for reapproval prior to expiration of the
site plan approval.
