In order to ensure that proposed development and use of land within the unincorporated area of the Town of Clarkstown will have a harmonious relationship with the existing or permitted use of contiguous land and of adjacent neighborhoods and to ensure that the health, safety, welfare, comfort and convenience of the public are fully considered and to assure that necessary provisions are made for traffic generation, means of access, parking, building placement, protection of adjoining buildings and uses, screening, recreation, signs, water supply, storm drainage, sanitary sewers, landscaping and architectural intent, this chapter is hereby enacted pursuant to the provisions of § 10 of the Municipal Home Rule Law, § 274-a of the Town Law and the site plan review provisions in the Zoning Ordinance of the Town of Clarkstown.[1]
[1]
Editor's Note: See Ch. 290, Zoning.
A. 
The authority for the approval of site plans required in this chapter, including amendments and modifications, is hereby delegated by the Town Board to the Planning Board of the Town of Clarkstown. The Planning Board shall have the power to review and approve, approve with modifications or disapprove site plans for multifamily residential, commercial, industrial and other development of land and for open land uses. Unless a requirement herein is specifically waived by the Planning Board (hereinafter termed "Board"), before application for a building permit for the construction or reconstruction of, addition to or additional development or redevelopment of a multifamily residential building, commercial building, industrial building or other development of land, signs as part of sites to be developed or redeveloped or open land uses, exclusive of one- and two-family homes, the owner shall submit a plan or map of the site to the Board for its review and approval and then file the approved map with the Clarkstown Town Clerk.
B. 
No building permit for a building subject to site plan approval shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approved by the Planning Board.
C. 
Nothing herein is intended to conflict with or limit the authority of the Town Board as provided by § 271 of the Town Law.
A. 
The review and approval of plans or maps of sites for construction, improvement or development of any kind is part of a general plan for orderly, efficient, economical, healthful and aesthetic development of the town in order to protect and benefit its present and future citizens.
B. 
Character of development. The character of land for development shall be such as to assure that building or other approved purposes may be fulfilled safely and without danger to health or peril from fire, flood or other hazard.
C. 
Objectives. Improvement of land shall at least provide for:
(1) 
Adequate space, light and air.
(2) 
Drainage, water and sewage facilities.
(3) 
Landscaping, screening and buffering.
(4) 
Appropriate and convenient design to secure overall safety in uses and structure; location and capacity; ingress, egress and circulation of vehicles and persons; off-street parking; loading and unloading of people and goods; and fire protection.
(5) 
Playgrounds, other recreational facilities, open space or any combination, as appropriate; or a payment in accordance with the established fee schedule for capital expenditures for recreational facilities or open space.
(6) 
Appropriate location of signs on sites to be developed or redeveloped.
(7) 
Additional information to allow the Board to review the elements in Subsection C(4) above.
(8) 
Minimal negative impact of the proposed use on adjacent land uses.
A. 
Purposes. This chapter is adopted to assure land development and use in accordance with the policies contained in § 246-3 of this chapter and with other Town Law policies and regulations listed in § 246-21 of this chapter.
B. 
Requirements not covered by these regulations. Any aspects of site plan review not fully covered by this chapter shall be resolved by the Board guided by the applicable provisions of the Town Law, Clarkstown Land Subdivision Regulations[1] and Clarkstown Zoning Ordinance.[2]
[1]
Editor's Note: See Ch. 254, Subdivision of Land.
[2]
Editor's Note: See Ch. 290, Zoning.
C. 
Shade Tree Commission Regulations. Regulations previously enacted by the Shade Tree Commission are hereby enacted as part of this chapter as set forth in Appendix B.[3]
[3]
Editor's Note: Appendix B is on file in the town offices.
D. 
Conflict with other law. In the event that the provisions of this chapter conflict with any statute of the State of New York or with the Zoning Ordinance of the Town of Clarkstown, the state statute or Zoning Ordinance, as the case may be, shall control.
[Amended 12-13-2018 by L.L. No. 9-2018]
When physical access to a site shall be across land in another municipality, the Board shall obtain an opinion from the Clarkstown Town Attorney that such access for all required purposes is insured by an authorized title insurance company and from the Town Director of the Department of Engineering and Facilities Management that such access can be adequately improved. Buildings shall not straddle municipal boundary lines.
"Redevelopment" shall be defined as any new construction on a previously developed site, whether or not such site was subject to site plan approval. For such redevelopment, this chapter shall apply.