A.
Purpose. The purpose of this article is to establish
clear procedures for review of site plans, establish standardized
and clear requirements for site plan applications, assure functional
and attractive development and minimize adverse impacts on the natural
and man-made environment. The Town of Clifton Park considers the site
plan to be a form of contract between the owner and the public (represented
by the Town) in which the Town agrees to permit certain development
in return for commitments on the part of the owner to fulfill and
maintain all of the requirements of the approved site plan.
B.
Applicability.
(1)
In all cases where this chapter requires a special use permit and/or site plan approval by the Planning Board, no building permit shall be issued by the Building Inspector except upon approval of and in conformity with a site plan approved by the Planning Board. Receipt of an approved site plan from the Planning and Zoning Department or written correspondence from the Director of Planning and Zoning authorizing the release of the building permit for a project is required prior to the issuance of a permit. An approved site plan shall be required prior to any field inspections by the Building Inspector. Generally, a site plan approval is required for all uses of land, new construction or expansion of existing uses for other than one- and two-family dwelling units and uses accessory thereto. This includes, but is not limited to, all Planned Development Districts (except those containing only one- and two-family dwelling units which shall require subdivision approval), all applications for a soil disturbing activity (SDA), all changes of use in the Light Industrial District as required by § 208-66E of this chapter and all other telecommunication towers as required by § 208-95B of this chapter.
[Amended 12-9-1996 by L.L. No. 11-1996; 10-16-2006 by L.L. No. 15-2006; 11-9-2015 by L.L. No. 12-2015; 12-12-2022 by L.L. No. 3-2022]
(2)
In instances where the building exists, the site is
in conformity with a previously approved site plan (as determined
by the Building Inspector) and a change of occupancy is occurring
without structural changes to the building, the following procedures
shall be followed:
(a)
If the new use is of the same type and intensity
(i.e., office to office, sit-down restaurant to sit-down restaurant,
etc.), no Planning Board action will be required prior to the issuance
of a building permit and/or certificate of occupancy or tenancy. When
issuing the building permit and/or certificate of occupancy or tenancy
the Building Inspector shall provide the owner with a copy of the
approved site plan for that location and obtain a signed receipt for
same from the owner and/or his agent.
(b)
If the new use is not of the same type and intensity
(i.e., office to retail, sit-down restaurant to fast-food restaurant,
etc.), the new owner shall, if required by the Building Inspector,
appear before the Planning and Zoning Department to arrange to appear
before the Planning Board to determine if a revised site plan approval
will be required prior to the issuance of a building permit and/or
certificate of occupancy or tenancy.
[Amended 12-12-2022 by L.L. No. 3-2022]
(3)
In instances where the building exists, the site is
not in conformity with a previously approved site plan and a change
of occupancy is occurring without exterior structural changes to the
building, a revised site plan approval shall be required prior to
the issuance of a building permit and/or certificate of occupancy.
(4)
In instances where the building exists, a change of
occupancy is occurring and exterior structural changes will be made
to the building, a revised site plan approval shall be required prior
to the issuance of a building permit and/or certificate of occupancy.
(5)
In instances where the building exists, no change
of occupancy is occurring and structural changes will be made to the
building, the new occupant shall appear before the Planning Board
to determine if a revised site plan approval will be required prior
to the issuance of a building permit and/or certificate of occupancy.
(6)
Site plan approval will be required for applications
normally approved by the Building Inspector but where the Building
Inspector has determined that, due to the nature of the action, the
application requires review and approval by the Planning Board.
(7)
Should more than six months have elapsed from
the date of preliminary approval before the applicant seeks final
site plan approval, the Planning Board may, in its sole discretion,
require the applicant to resubmit his preliminary site plan and pay
an additional preliminary fee pursuant to the provisions of this section.
[Added 3-2-2009 by L.L. No. 1-2009]
(8)
The Planning Board, in its discretion, may require
a fee upon final submission of the site plan by the applicant in the
same amount as required for preliminary submission. This final fee
requirement may be waived by the Planning Board in the interest of
justice if requiring such final fee will, in the opinion of the Board,
create an undue hardship on the applicant.
[Added 3-2-2009 by L.L. No. 1-2009]
(9)
Lot line adjustment procedures.
[Added 3-2-2009 by L.L. No. 1-2009; 12-12-2022 by L.L. No.
3-2022]
(a)
Applications for lot line adjustments shall
be made in writing to the Planning and Zoning Director and shall consist
of the following documentation:
[1]
Map. A survey map prepared by a licensed engineer
or surveyor which indicates the existing lot lines as well as the
proposed adjusted lot line on a scale no smaller than one inch equaling
100 feet.
[2]
Copies of the deeds to the properties in their
current configuration, and a proposed deed for the parcel to be conveyed
as a result of the lot line adjustment. A metes and bounds description
of the properties in their present configuration and the proposed
new configuration.
[3]
Fee. The lot line application fee shall be $100.
[4]
Documentation demonstrating consent from the
owner(s) of the property from which any portion of the parcel is proposed
to be taken.
(b)
The Planning and Zoning Director will forward
the application to the Town Zoning Officer, who shall review the application
to ensure that the lot line adjustment will not result in any code
violations.
(c)
The Planning and Zoning Director, in consultation
with the Town Zoning Officer, shall review and approve or deny an
application for a lot line adjustment within 45 days. If the application
is approved, the Director shall issue a certificate of lot line adjustment,
which the applicant shall file with the Saratoga County Clerk concurrently
with the deed effecting the lot line adjustment.
(d)
If the approval of the lot line adjustment would
result in an increase in the development potential of any parcel,
then the Planning and Zoning Director shall refer the application
to the Planning and Zoning Board for site plan review.
C.
Fees. (See also Chapter 103.)
(1)
The fee for an application for a lot line adjustment
shall be $100.
[Added 3-2-2009 by L.L. No. 1-2009]
(2)
Should more than six months have elapsed from the
date of preliminary approval before the applicant seeks final site
plan approval, the Planning Board may, in its sole discretion, require
the applicant to resubmit his preliminary site plan and pay an additional
preliminary fee pursuant to the provisions of this section.
(3)
The Planning Board, in its discretion, may require
a fee upon final submission of the site plan by the applicant in the
same amount as required for preliminary submission. This final fee
requirement may be waived by the Planning Board in the interest of
justice if requiring such final fee will, in the opinion of the Board,
create an undue hardship on the applicant.[1]
[1]
Editor's Note: Former Subsection D, Reimbursable
costs, which immediately followed this subsection, was repealed 4-6-1998
by L.L. No. 2-1998.
Upon receipt of an application for site plan
review, a sketch plan conference shall be held between the Planning
Board and the applicant to review the basic site design concept and
generally determine the information to be required on the preliminary
site plan. At the sketch plan conference, the applicant shall provide
the data discussed below, in addition to a statement or rough sketch
describing what is proposed.
A.
An area map showing the parcel under consideration
for site plan review and all properties, subdivisions, streets and
easements within 200 feet of the boundaries thereof.
B.
A map of site topography at no more than ten-foot
contour intervals. Where required by the Town Engineer or Stormwater
Management Officer, a topographical map showing contour intervals
of not more than two feet of elevation shall also be provided.
[Amended 12-17-2007 by L.L. No. 13-2007]
C.
For any soil disturbance activity not otherwise requiring
site plan approval, a stormwater management and erosion control plan,
together with an estimate of the cost thereof for the Planning Board
to establish the amount of the soil disturbance security (bond, client
fund account or letter of credit).
(1)
It shall be the responsibility of the Planning Board and the Stormwater Management Officer to determine the suitability of stormwater management and erosion control measures proposed for each individual site. Due to the uniqueness of each site, definitive measures will be approved for each application. (See also Chapter 86, Article II, § 86-7 of this Code.)
[Amended 12-17-2007 by L.L. No. 13-2007]
(2)
Prior to the commencement of any soil disturbing activity
(SDA), a sketch plan shall be presented to the Planning and Zoning
Department. At a minimum, this plan shall include:
[Amended 12-12-2022 by L.L. No. 3-2022]
(a)
A general vicinity map.
(b)
A description of all intended site work and
soil disturbance activities.
(c)
A statement and/or simple mapping of any environmentally sensitive features on the site, including wetlands, stream and other drainage corridors, flood hazard areas (from FEMA flood insurance rate map), groundwater aquifers and/or recharge areas; Town Land Conservation Zones; ponds; reservoirs; habitat areas of rare, threatened or endangered species; significant forested areas; and any other important environmental features (NOTE: If mapped, features may be added to the site topography map described in § 208-114B.)
(3)
The Planning Board and the Stormwater Management Officer
shall review the sketch plan and narrative to determine the suitability
of the stormwater management and erosion control plan. A soil disturbance
security, as approved by the Director of Planning and Zoning, shall
be established prior to the issuance of a building permit. This security shall
cover the full cost of constructing and maintaining all stormwater
management and erosion control measures and shall be kept in effect
until the Town determines that soil stabilization has occurred. Written
acceptance of the plan by the Planning Board shall constitute permission
for the owner to complete his building permit application.
[Amended 12-17-2007 by L.L. No. 13-2007; 12-12-2022 by L.L. No. 3-2022]
(4)
For more complex soil disturbance activities and those
involving disturbances of greater than five acres, the Planning Board
shall require the submission of an application for preliminary site
plan approval.
(a)
If the soil disturbance activities exceed a
total area of five acres, then a phasing plan shall be developed to
ensure that no more than five acres are disturbed at any given time
unless a waiver is granted by the NYSDEC.
[Added 12-17-2007 by L.L. No. 13-2007]
[Amended 12-17-2007 by L.L. No. 13-2007; 11-9-2015 by L.L. No. 12-2015; 10-18-2021 by L.L. No. 6-2021; 12-12-2022 by L.L. No. 3-2022]
An application for preliminary site plan approval
shall be made in writing to the Planning and Zoning Department and
shall include the following:
A.
Description. All landscaping plans shall include a
written narrative description of the proposed project addressing its
scope of application, purpose, justification and impact on the immediate
area of influence and the Town in general (schools, traffic generation,
population, utilities, aesthetics and land use compatibility).
B.
Site plan. A site plan, drawn to a scale of not smaller
than one inch equals 30 feet, shall be submitted, which shall include
the following information:
(1)
All existing and proposed property lines, building
setback lines, easements and right-of-way lines, with dimensions,
azimuths or angle data and curve data.
(2)
All existing zoning and Planned Development District
boundary delineations.
(3)
All monuments, iron pipes and bench marks.
(4)
The names of owners of all adjacent property.
(5)
Street names.
(6)
A North arrow.
(7)
A standard title block.
(8)
A key map.
(9)
Proposed use.
(10)
Contour lines at two-foot intervals,
minimum United States Geological Survey datum.
(11)
Wetlands, stream and other drainage corridors,
flood hazard areas (from FEMA Flood Insurance Rate Map); groundwater
aquifers and/or recharge areas, Town Land Conservation Zones; ponds;
reservoirs; habitat areas of rare; threatened or endangered species,
significant forested areas; and any other important environmental
features. Additionally, the boundaries of environmental areas to be
left undisturbed and/or protected through deed restrictions, conservation
easements or other agreements shall be shown. (These boundaries shall
also be marked in the field prior to the start of soil disturbance
activity, other than to install temporary soil erosion control measures,
and left on-site until the Building and Development Department has
made the final inspection.)
(12)
The location of outdoor storage, if any.
(13)
Provision for pedestrian access.
(14)
The location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls, berms and fences.
(15)
The location of fire and other emergency zones,
including location of fire hydrants.
(16)
A description of the method of sewage disposal
and location, design and construction materials for such facilities.
(17)
A description of the method of securing water
and the location, design and construction materials for such facilities.
(18)
Traffic circulation shown so as to provide for
the safety and ease of vehicular movement.
(19)
The location, design and construction materials
of all parking and truck loading areas.
(21)
All buildings, sidewalks and lighting, as well
as the location of heating and air-conditioning units, trash bins
and any other outdoor storage or machinery, shall be shown on the
plans.
(22)
The location of all outdoor lighting facilities.
(23)
A delineation of the arrangement, location,
species and dimensions of all existing and proposed landscaping materials.
All landscaping vegetation shall be labeled with both the common and
botanical names.
(24)
A planting schedule listing each plant, shrub
or tree, its approximate initial size and the quantity of each proposed.
(25)
Proposed site grading.
(26)
Stormwater pollution prevention plan. A stormwater
pollution prevention plan (SWPPP) consistent with the requirements
of Local Law Number 15 of 2007[1] shall be required for preliminary site plan approval.
The SWPPP shall meet the performance and design criteria and standards
in Section C of this local law.[2] The approved preliminary site plan shall be consistent
with the provisions of this local law.[3]
(27)
The final site plan shall contain the signature
and seal of a professional engineer registered in New York State or
a qualified land surveyor under § 7208, Subdivision n, of
the Education Law.
C.
Lighting plan. All site plans shall include a lighting
plan, which shall delineate the type of fixture to be used and the
subsequent lighting pattern, the height of the fixture and the wattage
of the light systems utilized.
D.
Stormwater management and erosion control plan. For applications involving soil disturbance of more than five acres and for those with one to five acres of soil disturbance that, due to the nature of the disturbance, require additional detail, a stormwater management and erosion control plan shall be submitted in accordance with Chapter 86, Article II, § 86-7, stormwater management and erosion control design standards, of the Code of the Town of Clifton Park.
(1)
Within the above context, the following outline details
the structure and content of a stormwater management and erosion control
plan:
(a)
Background information.
[1]
Project description.
[a]
Describe what is being proposed
(i.e., residential lot subdivision, planned development district,
commercial/retail development or industrial development).
[b]
Describe project size (i.e., number
of acres, number of dwelling units, other buildings and density).
[c]
Describe other improvements which
will be made on project site, including streets and roads and utilities
(water, sewer, etc.), and give particular attention to acreage of
land that will become paved and covered with buildings. Lawn acreage
should also be specified.
[d]
Provide a location map based on
USGS mapping.
[e]
Provide a statement describing
how this project will meet stormwater management objectives established
by the municipality.
[f]
Provide a general description of
the approaches which will be taken to control erosion and sedimentation
and stormwater runoff.
[2]
Existing (predevelopment) conditions.
[a]
Provide a map showing topography
(contours) under existing conditions. On this same map, show drainage
patterns, including ditches, culverts, permanent streams, intermittent/ephemeral
streams and other drainage channels, wetlands or other waterbodies,
and existing roads. Indicate sizes of existing culverts. Delineate
watershed and subwatershed boundaries on the map.
[b]
Show existing land use, open space,
public facilities, utility lines, water supply wells on site and predominant
vegetation cover types (forested, brushland, grassland, cropland,
pasture, etc.).
[c]
Obtain soils survey information
and, by sub-catchment, provide tabular information detailing the number
of acres that are in each of the Soil Conservation Service (SCS) Hydrologic
Soils Groups A,B,C, or D in Table 10 in Chapter III of the April 1992
NYS DEC publication entitled "Reducing the Impacts of Storm Water
Runoff from New Development." Soils information should be considered
by conducting a site-specific soil survey.
[3]
Proposed future (development) conditions.
[a]
Provide a map showing, by subcatchment,
the completed project, including typical lot layout, approximate location
of buildings, streets and other paved surfaces, final contours, utility
lines, water supply wells, individual sewage disposal systems and
location and types of easements.
[b]
Provide tabular information, by
subcatchment, showing the acres of impervious area created in the
proposed development, as well as the extent of lawn and areas where
the land will have been made more impervious than predevelopment conditions.
(b)
Comparison of predevelopment with post-development
runoff.
[1]
Methodologies.
[a]
Describe or identify the methodology
used to compare and evaluate pre- with post-development runoff conditions
in terms of volumes, peak rates of runoff, routing and hydrographs.
[b]
Peak discharge rates and total
runoff volumes from the project area for existing site conditions
and postdevelopment conditions for the one-year, ten-year and one-hundred-year,
twenty-four-hour storm events should be calculated. The relevant variables
used in this determination, such as curve number and time of concentration,
should be included.
[c]
Downstream analysis of the one-hundred-year,
twenty-four-hour event, including peak discharge rates, total runoff
volumes and evaluation of impacts to receiving waters and/or wetlands,
should be evaluated.
[d]
If appropriate, storage volume
and surface area requirements necessary to provide flood control for
runoff generated during one-year, ten-year and one-hundred-year, twenty-four-hour
storm events should be calculated.
[e]
Discharge provisions for the proposed
control measures, including peak discharge rates, outlet design, discharge
capacity for each stage, outlet channel design and a description of
the point of discharge, should be provided.
[f]
Water quality treatment facilities
should be designed to capture and treat runoff from all land areas
for which the perviousness has been changed over predevelopment conditions
due to soil disturbance activity in accordance with the NYS Stormwater
Design Manual.
[g]
The necessary storage volumes should
be calculated and the proposed stormwater measure(s) should be described
in detail. The plans should provide sufficient detail of the water
quality control measures to ensure that the relevant design criteria
will be met.
[h]
Specific information should include
surface area dimensions, depths, inlet designs, planting specifications
for use of aquatic vegetation, discharge rates and outlet design.
[i]
Sufficient detail should be provided
to show that the stormwater facility(ies) is/are capable of withstanding
the discharge from the one-hundred-year storm event.
[2]
Calculations.
(c)
Stormwater management.
[1]
Stormwater management facilities.
[a]
Describe in a narrative and show
on the map, by subcatchment, proposed stormwater management facilities.
A soil profile below the stormwater management facility should be
provided.
[b]
If appropriate, provide designs
of proposed structural stormwater management facilities.
[c]
Calculations for sizing stormwater
facilities should be provided.
[d]
Provide designs and calculations
for siting and sizing such specialized measures and devices as filter
strips, water quality inlets (oil/grit separator), forebays, etc.,
which will be used to remove sediment, oil-based products and other
contaminants found in urban runoff.
[e]
Provide information on the design
provisions that address safety considerations (e.g., gentle slopes
and benches in ponds) and accommodate maintenance needs (including
access to conduct maintenance operations).
[2]
Stormwater conveyance system.
(d)
Erosion and sediment control.
[1]
Erosion and sediment control facilities.
[a]
Describe temporary and permanent
structural and vegetative practices which will be used to provide
short-term (during construction) and long-term control of erosion
and sedimentation when construction activities are completed and the
project site is restored.
(e)
Implementation schedule and maintenance.
[1]
Provide an implementation schedule for staging
of all stormwater management facilities. Describe how this schedule
will be coordinated with the staging of erosion and sediment control
facilities and construction activities.
[2]
Provide a description of the arrangements which
will be made for ensuring long-term maintenance of stormwater management
and erosion control facilities. Backup contingency plans should be
provided and described. Those responsible for performing maintenance
should be identified.
E.
Architectural plan. Whenever a site plan is required
pursuant to this article and new construction is proposed for the
site or the exterior facade of an existing building is to be modified
in any way, the applicant shall, in addition, submit architectural
drawings which shall include building elevations drawn to a scale
equal or greater than 1/16 inch equals one foot. The elevations submitted
shall include at least the following: front view, rear view and side
view. The elevations shall show doorways, windows, loading areas,
foundations, landscape planting, etc., and shall indicate the materials
and exterior finishes to be used in construction. Pedestrian walkways,
entrances and exits for use by the handicapped shall be provided in
accordance with the New York State Uniform Fire Prevention and Building
Code.
F.
Notification.
(1)
At the time of submission of the application for preliminary
site plan approval as provided for herein, the applicant shall submit,
in addition to otherwise required documentation, the following:
(a)
A reproduced copy of the Tax Map or extract
of the Tax Map depicting the parcel(s) of land proposed for site plan
approval and all lands within 500 feet distance from the perimeter
thereof.
(b)
A schedule of the names and addresses of the
property owners within 500 feet distance from the perimeter of the
lands proposed for site plan approval as ascertained from the office
of the Town Assessor.
(c)
Proof required.
[1]
The applicant shall submit satisfactory proof
that the property owners within 500 feet of the perimeter of the lands
proposed for site plan approval have been notified in writing of the
nature (include a brief narrative about the project and its location,
including number of units, approximate commercial square footage)
of the proposed site plan, and such notification shall also include
the following written statement: "An application for site plan approval
of lands within 500 feet of your property is being proposed. The site
plan application will be filed with the Planning and Zoning Department
of the Town of Clifton Park and may be reviewed by you during normal
business hours at Town Hall. Please call the Planning and Zoning Department
at 371-6651 if you have any questions about the procedures to review
this application and the process for consideration of the proposal."
[2]
Proof shall be deemed satisfactory for purposes
hereof if the applicant provides evidence of mailing, by certified
or registered mail, or certificate of mailing and files the receipts
with the submission. Regular mail is not satisfactory notice.
(2)
In the event that the applicant or a related company
or corporation owns lands adjacent to the lands proposed for site
plan approval and within the 500 feet of the perimeter of the lands
proposed for site plan approval, then, in such event, the notice required
herein shall be provided to property owners within 500 feet of the
parcel adjacent to the parcel proposed for site plan by the applicant.
(3)
For purposes of this subsection only, the term "applicant"
shall include owner, agent or applicant.
G.
Additional
requirements for Tier 2 and Tier 3 solar energy systems.
(1)
A one- or three-line electrical diagram detailing the solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and over current devices.
(2)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, and
inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(3)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(4)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(5)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
A.
The Planning Board's review of a preliminary site
plan shall include, as appropriate, but is not limited to, the following
considerations:
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, pavement surfaces,
channelization structures and traffic controls.
(2)
Adequacy and arrangements of pedestrian traffic access
and circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Location, arrangement, size, design and general site
compatibility of buildings and lighting.
(5)
Adequacy of drainage, stormwater management and soil
erosion control facilities.
(6)
Adequacy of water supply and sewage disposal system.
(7)
Adequacy, type and arrangement of trees, shrubs and
other landscaping. Especially important is the creation of visual
and/or noise deterring buffers between the applicant's and adjoining
lands, utilizing the maximum retention of existing vegetation where
feasible.
(8)
The adequacy and amount of the green open space, especially
in the case of an apartment complex or other multiple dwelling, where
care should be given that the open space consist of land suitable
for recreation use. Where no other requirement for green space exists
elsewhere in this chapter, the minimum allowable green open space
shall be 35% of the total area of the project site, unless the applicant
can demonstrate that the project site is so unique that undue hardship
will result from strict compliance with this thirty-five-percent requirement
and the reduction of green open space will not cause substantial damage
to the general character of the neighborhood.
(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 the provisions of fire hydrants.
(11)
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to flooding,
ponding and/or erosion.
(12)
The size, design, shape, location and illumination
pattern of all lighting facilities proposed for the site.
(13)
The overall aesthetics of the site plan.
(14)
Any other construction which the Planning Board
deems appropriate due to the unique characteristics of a particular
site.
B.
Consultant review. The Planning Board may, in the
course of its review, consult the Town Building Inspector, Bureau
of Fire Prevention, Highway Superintendent, Town Board, Zoning Board
of Appeals, Environmental Conservation Commission, Parks and Recreation
Committee, County Planning Board, other local and county officials
and its designated private consultants and, in addition thereto, may
consult with any representatives of the federal and state agencies
whose advice would, in the opinion of the Planning Board, be helpful
in making its determination, including but not limited to the Soil
Conservation Service, the State Department of Transportation and the
State Department of Environmental Conservation.
C.
Public hearing. The Planning Board may conduct a public
hearing on the preliminary site plan. If a public hearing is considered
desirable by a majority of the members of the Planning Board, such
public hearing shall be conducted within 62 days of the receipt of
the application for preliminary site plan approval and shall be advertised
in the designated official newspaper of the Town and, in addition,
if felt desirable, in a newspaper of general circulation in the Town
at least five days before the public hearing. In determining whether
or not to hold a hearing, the Planning Board will consider the degree
of interest shown by other persons for the project and the extent
to which a public hearing can aid in its decisionmaking process by
providing a forum for and an efficient mechanism for the collection
of public comment. Whether to hold a public hearing is solely in the
discretion of the Planning Board.
Within 62 days of the receipt by the Board of
an application for a preliminary site plan approval or the preliminary
public hearing, if one is held, the Planning Board shall act on it.
If no decision is made within said sixty-two-day period, the preliminary
site plan shall be considered approved. The Planning Board's action
shall be in the form of a written statement, embodying the terms of
the Planning Board's motion on the application, and shall state whether
or not the preliminary site plan is approved, approved with modifications
or disapproved. The Planning Board's statement may include required
modifications to be incorporated in the final site plan, and conformance
with said modifications shall be considered a condition of approval.
If the preliminary site plan is disapproved, the Planning Board's
statement will contain the reasons for such findings. 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.
A.
After receiving approval, with or without modifications,
from the Planning Board on a preliminary site plan, the applicant
shall submit a final, detailed site plan to the Planning Board for
approval. If more than six months have elapsed since the time of the
Planning Board's action on the preliminary site plan and if the Planning
Board finds that conditions have changed significantly in the interim,
the Planning Board may require a resubmission of the preliminary site
plan for further review and possible revision prior to accepting the
proposed final site plan for review.
B.
The final site plan shall conform substantially to
the approved preliminary site plan. It shall incorporate any modifications
that may have been required by the Planning Board in its preliminary
review. All such compliances shall be clearly indicated by the applicant
on the appropriate submission. Any noncompliance shall also be noted.
The following additional information shall accompany an application
for final site plan approval:
C.
Public hearing. The Planning Board may conduct a public hearing on the final detailed site plan. Whether or not to hold such a public hearing is solely within the discretion of the Planning Board, following the guidelines set forth in § 208-116C for a preliminary public hearing.
D.
Stormwater pollution prevention plan: A stormwater
pollution prevention plan consistent with the requirements of Local
Law Number 15 of 2007 shall be required for site plan approval.[1] The SWPPP shall meet the performance and design criteria
and standards in Section C of this local law.[2] The approved Site Plan shall be consistent with the provisions
of this local law.
[Added 12-17-2007 by L.L. No. 13-2007]
(1)
Prior to final site plan approval and issuance of
a building permit, the applicant shall certify that the appropriate
stormwater permits have been secured for stormwater discharges associated
with construction activities and that the SWPPP has been prepared
in accordance with the NYS SPDES requirements.
Within 62 days of receipt of the application
for final site plan approval, the Planning Board shall render a decision
to the Building Inspector. If no decision is made within the forty-five-day
period, the final site plan shall be considered approved.
A.
Upon approval of the final site plan or conditional
approval of the final site plan, and the adequate demonstration to
the Planning Board that all conditions have been met 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 Building Inspector.
B.
Upon disapproval of a final site plan, the Planning
Board shall so inform the Building Inspector, and the Building Inspector
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.
A.
The Planning Board approval shall be valid for one year from the date of issuance. If compliance with the site plan is not made by the applicant before the termination of this one-year period, said approval shall automatically terminate, except as provided in § 208-120B below. In this event, the Building Inspector shall revoke the building permit issued to the applicant pursuant to the provisions of § 208-107E hereof, and the applicant must resubmit either preliminary or final site plan for Planning Board review and approval, as directed by the Board. Any developed use of the parcel, lot and building after the termination of such approval pursuant hereto shall be a violation hereof.
B.
The Planning Board may, in its sole discretion, at
the applicant's written timely request and, in any event, at least
30 days prior to the expiration of the initial one-year approval,
grant the applicant an extension of time within which to comply with
the site plan, provided that the applicant has made reasonable, good
faith efforts to complete construction and implement the site plan
as provided within the aforesaid one-year period, and further provided
that such extension shall in no event exceed one year. No further
extensions shall be permitted.
A.
The Planning
Board may request as part of the final site plan approval process
that the applicant execute and cause to be recorded in the Saratoga
County Clerk's office, a declaration of covenants, restrictions, conditions
and easements, imposing affirmative duties on the applicant in conjunction
with and in furtherance of the site plan.
The Building Inspector shall not issue a permanent
certificate of occupancy until such time as the Planning Board or
its agents shall notify the Building Inspector that the site plan
work has been completed in full compliance with the final approved
site plan.
A.
The Planning Board shall require the applicant to
provide the Town of Clifton Park with adequate security to ensure
prompt and continuous compliance with the site plan, such security
being in the form of a letter of credit or a client fund account,
to be held by the Town pending satisfactory completion of the site
plan. The amount of such security in whatever form shall be equal
to the full estimated cost of the completed site plan. The amount
of security necessary shall be determined by the Planning Board after
a review of the cost estimate of the site plan prepared by the applicant
or his representative. The security may be reduced as implementation
of the site plan progresses. It shall not be reduced to less than
the amount determined for that work which is still uncompleted plus
20% of the amount determined for that work which is completed and
approved. The reduced security shall remain in effect for one year
after the date of issuance of the permanent certificate of occupancy,
unless required to be extended further as provided for in the following
section.
B.
Compliance with Board requirements subsequent to issuance
of permanent certificate of occupancy: penalties for noncompliance.
(1)
It is the intent of this subsection that compliance
with all Board-approved special conditions shall be required. In that
regard, this subsection shall be applicable to all site plan requirements
set by the Planning Board (PB), to all special conditions attached
to a variance by the Zoning Board of Appeals (ZBA) and to all special
conditions attached to a special use permit. In the following subsections
of this section, the term "Board" shall mean either the Planning Board
or the Zoning Board of Appeals and the term "special conditions" shall
mean either a site plan, variance or special use permit, as appropriate.
(2)
The Town shall, at all times, have the right to reinspect
the premises if any Building Inspector has reason to believe the site
is not in compliance, either by personal observation, a report from
a Town official or board member or upon the receipt of a signed, written
complaint alleging that the site is not in compliance and detailing
the manner in which the compliance is lacking.
(3)
Upon receipt of an application for a change of tenancy
which affects an entire site (as opposed to a change of an interior
tenant, such as the occupant of a single office or a retail store
within a mall complex), the Building Inspector shall provide the applicant
with a copy of the special conditions and shall have the premises
inspected to determine whether the site is in compliance with those
approved special conditions. If the site is found to be in compliance,
then the applicant shall be so notified. If not, the applicant shall
be so advised in writing and no new certificate of occupancy or tenancy
shall be issued until the violation has been corrected. If the violation
is not correctable (i.e., removal of existing trees which were required
to be protected), then the applicant will appear before the appropriate
Board to determine what mitigation will be acceptable and, upon completion
thereof, a new certificate of occupancy or tenancy shall be issued.
(4)
If, at any time subsequent to the issuance of a permanent certificate of occupancy, the Building Inspector finds that any special conditions have been violated, the owner and/or occupant shall be issued a notice of violation in writing (in the same manner as provided for stop orders in § 208-107F of this chapter) and given 30 days to either bring the site into compliance or to appear before the appropriate Board to determine mitigation and/or secure a time extension, if required. If the owner/occupant elects to appear before the appropriate Board, then the Building Inspector shall issue a revised notice of violation based on the determinations made by the Board.
Upon written application of an applicant setting forth the reasons why a waiver of any provision of this article is necessary or desirable, the Planning Board may entertain such application. If the Planning Board finds that, because of unusual circumstances of shape, topography or other physical features of the proposed site, extraordinary hardship would result from the strict compliance with this article, it may waive certain provisions of this article so that substantial justice may be done and the public interest secured, provided that no such waiver shall be granted which will have the effect of nullifying the intent or purpose of the Official Map and other articles of this Zoning Chapter or Chapter 179, Subdivision of Land, of the Town. In permitting such a waiver, the Planning Board may require such conditions as will, in its sole discretion, substantially secure the objectives of the standard requirements so changed or modified.
Whenever the particular circumstances of the
proposed development require compliance with any other land use approval,
permit or variance, the Planning Board shall attempt to integrate,
as appropriate, site plan review as required by this article with
the procedural and submission requirements for such other compliance.
