A.
In accordance with § 200-11, Schedule of Use Regulations,[1] prior to the issuance of a building permit or certificate
of occupancy, the Zoning Enforcement Officer shall require the preparation
and approval of a site plan for the proposed use or changes in use
of land, buildings and other structures for the following:
(1)
Residential districts: all special use permits cited as "Type B" on Table A of § 200-11 of this chapter.
(2)
Other districts: all permitted principal uses in the Highway Business Zoning District; in addition, all special use permits in the Highway Business Zone cited as "Type B" on Table A of § 200-11 of this chapter.
[Amended 8-13-2007 by L.L. No. 6-2007]
(3)
Nonconforming uses in all zoning districts.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
B.
The purpose of this Article is to ensure that the
site plan, architectural plans, location and dimension of buildings,
parking and other siting criteria shall be of such character as to
harmonize with the neighborhood; to accomplish a transition in character
of uses between areas of unsimilar character; to reduce the potential
for strip development; to protect property values; to preserve and
enhance the appearance and natural beauty of the Town; and to avoid
an adverse impact on adjacent properties and land uses.
C.
The Zoning Enforcement Officer shall refer the applicant
to the Planning Board for site plan review and approval in accordance
with § 274-a of the Town Law and the more specific design
standards and review procedures set forth in this section of this
chapter.
A.
Sketch plan conference. A sketch plan conference between
the Planning Board and applicant shall be held to initially review
the basic site design concept and generally determine the extent of
site plan review necessary for the intended project and the information
to be required on the site plan and in accompanying reports. At the
sketch plan conference, the applicant shall provide a written statement
and/or rough sketch describing what is proposed, including indication
of all existing structures and uses, if any, on the site.
B.
Application for site plan approval. Upon completion
of the sketch plan conference, the applicant shall submit a complete
application for site plan approval, which shall be made, in writing,
to the Planning Board. The site plan application shall be accompanied
by not less than six prints of a site plan which includes information
drawn from the following checklist of items, as determined necessary
by the Planning Board at the time of the sketch plan conference and
which is provided on a drawing certified by appropriate licensed professionals,
in compliance with professional licensing regulations administered
by the New York State Education Department:
(1)
Site plan checklist:
(a)
Title of drawing, including the name and address
of applicant and person(s) responsible for preparation of such drawings,
and a signature block for the Planning Board's endorsement of approval
of the site plan.
(b)
North arrow, scale and date, with the scale
to be not less than one inch equals 50 feet.
(c)
An area map keyed to the real property tax maps
showing the parcel under consideration for site plan review, and all
properties, subdivisions, streets and easements within 200 feet of
the boundaries thereof.
(d)
Accurate boundaries of the property plotted
to scale, including reference to specific data source.
(e)
Names of all owners of record of lands adjacent
to or directly opposite the applicant's property.
(f)
The location of structures, uses and facilities
on adjacent properties within 100 feet of the subject property line.
(g)
Existing watercourses, wetlands and floodplains,
including reference to specific data source.
(h)
The location and boundaries of pertinent natural
features that may influence the design of the proposed use, such as
watercourses, wetlands, one-hundred-year floodplains, soil types,
rock outcrops, existing vegetative cover and single trees eight or
more inches in diameter which may be located within that portion of
the site prepared for development. Specific data sources shown shall
be cited.
(i)
Grading and drainage plans showing existing
and proposed contours with two-foot contour intervals and soils data
generally required on that portion of the site proposed for development
where general site grades exceed 5% or there may be susceptibility
to erosion, flooding or ponding. A calculation of the extent of cut
and fill shall complement the grading plan and, when requested by
the Planning Board, shall also include an erosion and sedimentation
control plan.
(j)
Location, dimension, proposed use and height
of all buildings, both existing and proposed.
(k)
Location and dimension of all signs, both existing
and proposed.
(l)
Location, design and construction materials
of all parking and truck-loading areas, including their access and
egress drives and clear indication of all traffic patterns on site.
(m)
Provision for pedestrian access.
(n)
Location of outdoor storage for equipment and
materials, if any, and the location, type and design of all solid
waste-related facilities, including dumpsters and recycling bins.
(o)
Location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
(p)
Description of the method of sewage disposal
and location, design and construction materials of such facilities.
(q)
Description of the method of securing water
supply and location, design and construction materials of such facilities.
(r)
Location of fire and other emergency zones,
including the location of fire hydrants or of the nearest alternative
water supply for fire emergencies.
(s)
Location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy.
(t)
Location, size, design and construction materials
of all proposed signage, including associated lighting, if any.
(u)
Location and proposed development of all buffer
areas, including indication of both existing vegetative cover and
that portion that will be preserved.
(v)
Location and design of outdoor lighting facilities,
including data regarding, when appropriate, lighting levels, both
within the site and at the site's boundaries, if adjacent to residential
development.
(w)
Designation of the amount of building area proposed
for retail sales, office use or similar commercial activity, including
information regarding proposed division of buildings into smaller
units for separate occupancy or tenancy, with such information to
be in sufficient detail to permit minimum off-street parking and other
zoning requirements to be calculated and Building Code compliance
to be documented.
(x)
Detailed landscaping plan and planting schedule,
including the number, size, type and location of all trees, shrubs
and ground cover to be planted.
(y)
Building elevations and sections at a scale
sufficient to delineate clearly the structural massing and the exterior
materials, textures and colors of all buildings and other structures
shown on the site plan.
(z)
Other elements integral to the proposed development
as considered necessary by the Planning Board, and as may be reasonably
related to the requirements of this chapter and § 274-a
of the Town Law, including a proposed development schedule and the
identification of any state or County permits required for the project's
completion.
(3)
Environmental assessment form. A complete application
for site plan review and approval shall also include a short or full
Environmental Assessment Form as required by SEQR, Article 8 of the
Environmental Conservation Law and Part 617 of Title 6 of the New
York Codes, Rules and Regulations.
Upon receipt of a complete application, the
Planning Board chairperson shall review the application for site plan
and determine whether the Planning Board needs to meet to discuss
the application prior to the official public hearing. The Planning
Board's review of a site plan application shall include, as appropriate,
but is not limited to, the following:
A.
General considerations.
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, pavement surfaces,
dividers, channelization structures and other traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, walkways, control of intersections with vehicular
traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading facilities.
(4)
Location, arrangement, size, design and general site
compatibility of principal and accessory buildings, lighting and signage.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or noise-deterring buffer
between the applicant's and adjoining lands, including the maximum
retention of existing vegetation.
(8)
In the case of an apartment complex or other multiple
dwelling, the adequacy of usable open space for play areas and informal
recreation.
(9)
Protection of adjacent or neighboring properties against
noise, glare, unsightliness or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones
and water supply for fire emergencies.
(11)
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion or in the vicinity of wetlands or similar
natural features.
(12)
Compatibility of building design with existing
characteristics of the neighborhood.
B.
Consultant review. In its review, the Planning Board
may consult with the Town Zoning Enforcement Officer and/or Building
Inspector, the Superintendent of Highways, the Conservation Advisory
Council, other local and County officials and its designated private
planning and engineering consultants, in addition to representatives
of state agencies including, but not limited to, the State Department
of Transportation, the State Health Department and the Department
of Environmental Conservation.
C.
Public hearing and notice.
[Amended 4-22-1996 by L.L. No. 1-1996]
(1)
The Planning Board shall conduct a public hearing
on the application for site plan approval. The public hearing shall
be conducted within 62 calendar days of the receipt of the complete
application, unless an extension on the time frame is mutually agreed
to by the applicant and the Planning Board. The Board shall provide
notice by certified mail, return receipt requested, of the public
hearing to:
(2)
All costs incurred for publication and mailing of
notices for the public hearing shall be paid by the applicant.
D.
Required referral. Prior to the public hearing on the site plan, the Planning Board shall refer the site plan, when applicable, to the Dutchess County Department of Planning for advisory review in accordance with Article X of this chapter.
E.
Reimbursable costs. Reimbursable costs incurred by
the Planning Board for private consultation fees or other extraordinary
expenses associated with the review of a site plan application shall
be charged to the applicant. Such reimbursable costs shall be in addition
to the required application fee. Maximum amounts shall be in accordance
with the fee schedule established and annually reviewed by the Town
Board. In no event shall the Planning Board incur any expense for
consultants without the expressed consent of the Town Board.
The SEQR review process must be completed for
the site plan application before the Planning Board can make a final
decision. Within 45 days of the completion of a public hearing, unless
an extension of the time frame is agreed to by the applicant and the
Board, the Planning Board shall act on the site plan application.
A.
Action by resolution.
(1)
The Planning Board shall act by resolution to either
approve, disapprove or approve with modifications the site plan application.
A copy of the resolution shall be filed in the Town Clerk's office
and mailed to the applicant within 10 calendar days of the Planning
Board's action. A resolution of either approval or approval with modifications
shall include authorization to the Planning Board Chairperson to stamp
and sign the site plan upon the applicant's compliance with the submission
requirements stated therein.
(2)
If the Planning Board's resolution includes a requirement
that modifications be incorporated in the site plan, conformance with
said modifications shall be considered a condition of approval. If
the site plan is disapproved, the Planning Board's resolution shall
state specific reasons for such decision. In such a case, the Planning
Board may recommend further study of the site plan and resubmission
to the Planning Board after it has been revised or redesigned.
B.
Submission requirements for stamping. After receiving
site plan approval, with or without modifications, from the Planning
Board, the applicant shall within three calendar months submit six
prints and one reproducible Mylar of the site plan to the Planning
Board for stamping and signature by the Chairperson. The site plan
submitted for stamping shall conform strictly to the site plan approved
by the Planning Board, except that it shall further incorporate any
revisions or other modifications required by the Planning Board, and
shall be accompanied by the following additional information:
(1)
Record of application for and approval status of all
necessary permits from federal, state and County officials and agencies.
(2)
Detailed sizing and final material specification of
all required improvements.
(3)
An estimated project construction schedule and, if
a performance guaranty is to be provided by the applicant for all
or some portion of the work, a detailed cost estimate for the installation
and inspection of site improvements.
C.
Effect of stamping by planning board. Upon stamping
and signature by the Chairperson, the Planning Board shall forward
a copy of the approved site plan to the Board's Secretary for filing
with the other application materials, the Zoning Enforcement Officer,
Building Inspector and the applicant. The Zoning Enforcement Officer
may then issue a building permit or certificate of occupancy if the
project conforms to all other application requirements, including
the applicant's presentation of documentation that all necessary permits
and approvals from federal, state and County officials and agencies
have been issued.
D.
Expiration of approval.
(1)
The Planning Board's approval of a site plan shall
expire if either of the following circumstances occurs:
(a)
The site plan is not submitted for stamping
and signature by the chairperson within three calendar months of the
Planning Board's resolution of site plan approval, with or without
modifications; unless an extension of the time frame is granted by
the Planning Board.
(b)
A complete application for either a building
permit or certificate of occupancy is not submitted to the Zoning
Enforcement Officer and/or Building Inspector, as applicable, within
six calendar months of the stamping and signing of the site plan by
the Chairperson.
(2)
Unless otherwise specified herein, upon written request
to the Planning Board, the time period for either submission of the
site plan or submission of the complete application for a building
permit or certificate of occupancy may be individually extended for
a maximum period of six calendar months from its otherwise specified
termination dates, provided that the applicant demonstrates to the
Planning Board that it has acted in good faith and with due diligence.
[Amended 6-11-2003 by L.L. No. 1-2003]
E.
Performance guaranty. No certificate of occupancy
shall be issued until all improvements shown on the approved site
plan are installed or a sufficient performance guaranty has been posted
for improvements not yet completed. Such performance guaranty shall
be posted in accordance with the procedures specified within § 277
of the Town Law relating to the subdivision of land. The amount and
sufficiency of such performance guaranty shall be determined by the
Town Board after consultation with the Planning Board.
F.
Inspection of improvements. The Zoning Enforcement
Officer/Building Inspector shall be responsible for the overall inspection
of site improvements, including coordination with the designated Town
Engineer and other local officials and agencies, as may be appropriate
on multiple dwelling, institutional, commercial and light industrial
projects. The Town Board is hereby empowered to establish a fee schedule
covering any expenses incurred by the Town of Milan for inspections
by the designated Town Engineer, or other appropriate professionals,
to be reimbursed by the applicant.
G.
All plant material used to landscape as part of a
site plan is to be maintained at all times in a living and growing
condition.
[Added 6-11-2003 by L.L. No. 1-2003]
(1)
Landscaping shall be installed with adequate precautious
to ensure survival, as shown on the approved landscape plan, prior
to issuance of a certificate of occupancy for the building or use.
(a)
Landowners shall be responsible for proper maintenance
and care of all landscape treatments approved by the Planning Board.
The Town's Code Enforcement Officer is authorized to inspect periodically
all landscape treatments, including screening, as approved buy the
Planning Board or to investigate complaints made by any official or
private citizen concerning the maintenance of such landscape treatments.
If completion of required landscape work is not practical due to seasonal
or weather conditions, the applicant shall submit assurances to the
Town Building Inspector for the completion of landscaping. The acceptable
assurance guaranteeing the completion of landscaping shall be an irrevocable
letter of credit, certified check, performance bond, or other acceptable
assurance, equal to due cost of the landscaping work, accompanied
by written assurance that such landscaping shall be completed in accordance
with an approved site plan within a specified period of time, not
exceeding six months from the date of occupancy.
(b)
Required landscaping shall be maintained in
a healthy, growing condition at all times. The property owner or lessee
is responsible for regular weeding, mowing of grass, irrigating, fertilizing,
pruning, and other maintenance of all planting as needed. Any plant
that dies shall be replaced with another living plant that complies
with the approved site within 90 days, or as soon as practical given
weather conditions, after notification by the Town Building Inspector.
(c)
A three-year maintenance bond shall be provided
to ensure successful planting.
