In those "districts" and for those "buildings"
and "uses" where site plan approval by the Planning Board is required
under the terms of this chapter, the Planning Board is hereby authorized
to review and approve, approve with modifications or disapprove site
plans, which plans shall be prepared to specifications as set forth
in this chapter and in the regulations of the Planning Board, if and
as such may be adopted. The Planning Board is further authorized to
require site plan approval for individual residential "lots" where
determined appropriate by said Board in connection with the granting
of subdivision approval. Where site plan approval is required, no
"building" permit or certificate of conformance shall be issued by
the Building Inspector until and unless such a plan shall have been
approved by the Planning Board, and no certificate of occupancy or
certificate of conformance for a "building" or "use" shall be issued
until all of the requirements of such approval, including any conditions
attached thereto, shall have been met.
The Planning Board shall not approve a site
plan unless it shall find that such plan conforms to the requirements
of this chapter, as well as to other applicable laws and regulations
and is properly related to the policies and recommendations of the
Town Development Plan. In reviewing the site plan, the Planning Board
shall also take into consideration the, public health, safety and
general welfare and shall set appropriate conditions and safeguards
which are in harmony with the general purpose and intent of this chapter,
particularly in regard to achieving the following standards:
A. Traffic access. The number, location and design of
all proposed driveways, in terms of their width, length, grade, alignment,
visibility and relationship to the existing "street" system and neighboring
properties and land "uses" shall be such that maximum safety and function
will be achieved.
B. On-site circulation and parking. Adequate and convenient
off-"street" parking and "loading spaces" shall be provided to prevent
parking in public "streets" of vehicles belonging to any persons connected
with or visiting the proposed "use." The interior circulation system
shall be adequate to provide safe access to all "buildings," "structures"
and required off-"street" parking, including access for firefighting
and for the handicapped.
C. Pedestrian circulation. An adequate and safe pedestrian
circulation system shall be provided to permit safe access to "uses"
on the site from the "street" and from all "parking areas."
D. Landscaping and buffering. All ground mounted solar arrays, parking,
loading and service areas shall be screened in a reasonable manner
at all seasons of the year from the view of adjacent residential lots
and streets. The general landscaping of the site shall be designed
in an attractive manner and, wherever possible, desirable natural
features existing on the site shall be protected and retained.
[Amended 12-8-2016 by L.L. No. 3-2016]
E. Lighting. Outdoor lighting shall be provided on the
site to assure the safe movement of vehicles and persons and for security
purposes. Such lighting shall be properly designed and shielded so
as to avoid glare, prevent visibility of the source of the light from
areas off-site and other undesirable impacts on neighboring properties
and "streets."
F. Protection of natural and cultural resources. The
Planning Board shall endeavor to adequately protect any resources
of local, State, and/or national significance. To this end, the Planning
Board shall assure conformance with this chapter as well as with the
Town Freshwater Wetlands Law, the Town Flood Damage Prevention Law and all other applicable Town, County, state and federal
laws and regulations.
G. Drainage. The proposed stormwater drainage system
shall be adequate to prevent any increase in the rate of surface runoff
or otherwise contribute to downstream flooding during a storm of any
magnitude up to and including a one-hundred-year frequency storm.
H. Water and sewage. The proposed systems for water supply
and sewage collection and disposal on the site shall be adequate to
serve the needs of all proposed "uses" on the site without adversely
impacting neighboring properties or "uses."
I. Solid waste. Adequate provisions shall be made for
the storage, collection, recycling and disposal of solid waste. Such
facilities shall not be permitted to adversely affect neighboring
properties or public facilities.
J. "Building" design. The "height," location and size
of the proposed "buildings" shall be in conformity with the requirements
of this chapter. All such "buildings," utilities and other "structures"
shall harmoniously relate to each other, the site and neighboring
properties.
K. Signage. All proposed "signs," including on-site directional "signs" and "building" "signs," shall meet the requirements of the Town Sign Law (Chapter
88), shall be adequate to provide reasonable information to the public and shall be in harmony with the design of the site and "buildings" and with neighboring properties.
L. Hours of operation. For "uses" that could create negative
impacts to neighboring properties by reason of noise, traffic, lighting
or other impacts, the Planning Board may limit the hours of operation
to mitigate such impacts.
M. Other public needs. The Planning Board shall assure
that other public needs, including but not limited to the provision
of recreational facilities and open space, as well as other needed
services, are adequately and properly met.
Where special permit approval is required for a proposed "use" under Article
VIII of this chapter, site plan approval shall be incorporated into that process and shall be the responsibility of the Town Board, except as otherwise required by §
113-36B.
[Amended 5-4-2006 by L.L. No. 4-2006]
The Planning Board shall schedule and conduct
a public hearing on each site plan application, except in those cases
where the hearing requirement may be waived by said Board, within
62 days from the date of the meeting at which a proper and complete
application has been received. Notice of said public hearing shall
be the responsibility of the applicant. Such a notice shall include
a copy of the application and such other information as the Planning
Board may deem appropriate, and be sent, by way of certified mail,
at least 14 days prior to the date of said hearing at which the application
is to be heard. Notification shall be sent to all property owners
of record within a distance of 500 feet from the boundary of the property.
A receipt verifying said notice has been sent and received, or that
best effort has been made, shall be submitted to the Planning Board
Secretary at least five days prior to said meeting.
Within 62 days of the date of the close of the
public hearing, or of the date that the application was received if
no hearing has been held, the Planning Board shall decide whether
to approve, approve with modifications or disapprove the site plan.
The time at which the Planning Board must arrive at its decision may
be extended at the request of the applicant or as necessary for the
Planning Board to complete all necessary environmental review requirements
pursuant to the State Environmental Quality Review Act (SEQRA). A copy of the Board's decision shall be filed in the office
of the Town Clerk within five business days after such decision is
rendered, and a copy thereof mailed to the applicant.
Site plan approval obtained pursuant to the
procedures and requirements in this chapter shall expire if a building
permit is not issued and construction begun within a period of one
year or if construction is not completed within a period of three
years from the date of approval.
The Building Inspector may issue certificates of conformance and occupancy after all requirements of site plan approval, and/or special permit approval which requires the preparation of a site plan, have been completed or temporary certificates of conformance and occupancy after the applicant has provided surety covering all uncompleted requirements in such amount as shall be set by the Planning Board and in such form as meets the approval of the Town Attorney. All site plan requirements for which surety is posted shall be for a term to be determined by the Planning Board based upon the recommendation of the Town Engineer to guarantee their proper installation and maintenance. The Building Inspector shall report to the Planning Board when the requirements, construction, installation and all other items of the site plan have been completed, at which time the Planning Board may authorize the release of the surety. Failure to complete any improvements covered by the surety within the terms established by the Planning Board shall render the temporary certificates of conformance and/or occupancy void as required in §
113-92 of this chapter, and such surety shall be called unless the term is extended by the Planning Board and surety for the new term posted.
Continued conformance with any approved site
plan shall be required as a condition of the continuance of any certificate
of conformance and certificate of occupancy for the land or "building"
to which it applies. Failure to so maintain or continue conformance
shall be considered cause for revocation or removal of such certificate
and the immediate discontinuance of the approved "use."