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Town of Catskill, NY
Greene County
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A. 
General procedures and provisions.
(1) 
All uses of land listed in the schedules of regulations as special uses (Article IV of this chapter) shall be allowed upon issuance of a special use permit by the Planning Board.
(2) 
Applications for special use permits shall be filed with the Zoning Enforcement Officer, who shall forward the application to the Planning Board for decision.
(3) 
A site plan for the development of a special use shall be submitted with each special use permit application. The site plan shall show the location of all buildings, parking areas, traffic access and circular drives, open spaces, landscaping, topography, special features and any other information, including such information about neighboring properties, as may be necessary to determine and provide for the enforcement of this chapter.
(4) 
To cover the cost of processing special use permits and applications, an application fee in accordance with the Schedule of Fees[1] as promulgated by the Town Board of Catskill, New York, shall accompany any application for a special use permit, and shall be in addition to the zoning permit fee as described in this chapter.
[1]
Editor's Note: The Schedule of Fees is on file in the Town offices.
(5) 
A special use permit shall be deemed to authorize only one particular special use, and such permit shall be considered null and void if within one year from the date of issue all improvements required for this special use are not completed, and if the special use shall cease for more than one year for any reason, unless otherwise provided by the Planning Board.
(6) 
The Planning Board shall attach conditions, limitations and safeguards to the special use permit as are necessary to assure continual conformance to all applicable standards and requirements.
(7) 
A use authorized by special use permit may be revoked by the Planning Board if it is found and determined that there has been a failure of compliance with any one of the terms, conditions, limitations and requirements imposed by said permit.
(8) 
The Planning Board shall hold a public hearing on the special use within 62 days of the filing of a complete and proper special use permit application, and said hearing shall be advertised in a newspaper of general circulation in the Town at least five days before the public hearing.
(9) 
The Planning Board shall render its decision on the application within 62 days after the public hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. Decisions of the Planning Board shall be in writing and shall specify the particular conditions for such approval or the grounds for denial. The written decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy mailed to the applicant.
B. 
Standards for all special use permits. The following standards shall apply to all special use permits:
(1) 
Adequate access for fire and police protection.
(2) 
The location, size and character of the special use must be in harmony with the orderly development of the zoning district and must not be detrimental to the orderly development of adjacent properties.
(3) 
Safe, convenient and adequate vehicular and pedestrian access to and from the use through adequate, but not excessive, points in ingress and egress having sufficient width, proper grading and alignment and clear visibility, and which are not located too near street corners or places of public assembly.
(4) 
Adequate off-street parking and loading areas which are properly located on the lot so as to provide safe and convenient circulation.
(5) 
Locations and heights of buildings and structures shall be such that the special use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(6) 
Landscaping and screening of parking, loading and service areas so that such areas are screened all seasons of the year from the view of adjacent lots and streets.
Uses permitted in Industrial Districts are subject to the following additional regulations:
A. 
Performance standards. No land or building in any Industrial District shall be used or occupied in such a manner as to create any dangerous, injurious, noxious or other hazard due to odor, fire, noise, explosion, vibration, smoke, dust or other form of air pollution, glare, electrical or other disturbance. The determination of potentially dangerous or objectionable elements shall be made at locations as follows:
(1) 
At the point of origin for fire and explosion hazards, for radioactivity and electrical disturbances and for air pollution.
(2) 
At the property line for noise, vibration, glare, odors and other hazards or nuisances.
B. 
Required findings. For each use permitted in Industrial Districts, the Planning Board shall determine in its judgment that:
(1) 
It is reasonably necessary in the interest of public health, safety and general welfare.
(2) 
It is appropriately located and served with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.
(3) 
It has adequate off-street parking facilities available on site.
(4) 
It reasonably safeguards the neighborhood character and surrounding property values.
(5) 
It will not cause traffic congestion or traffic hazards.
(6) 
It has adequately designed grades, paving, gutters, drainage and treatment of turf to handle stormwater and to prevent erosion and dust.
(7) 
Its signs and lighting devices are properly designed and arranged with respect to traffic and adjacent neighborhoods.
(8) 
It has adequate screen planting, fencing or walls to shield adjacent residential properties.
Prior to the issuance of a zoning permit for any commercial building or structure, the Zoning Enforcement Officer shall require the preparation of a site plan. (NOTE: The definition for "commercial" is provided in the definition section, § 160-5, of these zoning regulations.)
A. 
Sketch plan. A sketch plan conference shall be held between the Planning Board and applicant to review the site plan concept and generally determine the information to be required on the site plan. The filing of a sketch plan and the sketch plan conference may be waived by formal action of the Planning Board at the applicant's request. At the sketch plan conference, the applicant should provide the data discussed below, in addition to a statement and/or rough sketch describing what is proposed:
(1) 
An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, basements and buildings within 500 feet of the boundaries thereof. Said map should show existing natural features such as water bodies, watercourses, wetlands, wooded areas, individual large trees and flood hazard areas.
(2) 
A map of site topography at no more than five-foot contour intervals. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two-foot intervals of elevation should also be provided.
(3) 
A rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs and other planned features.
B. 
Application for detailed site plan approval. An application for site plan approval shall be made in writing to the Zoning Enforcement Officer and shall be accompanied by an application fee in accordance with the Schedule of Fees[1] as promulgated by the Town Board of Catskill, New York, and a map of the site plan that includes information drawn from the following checklist, as determined necessary by the Planning Board at the sketch plan conference:
(1) 
The title of the drawing, including the name and address of the applicant and the person responsible for preparation of such drawing.
(2) 
North arrow, scale and date.
(3) 
The boundaries of the property plotted to scale.
(4) 
Existing watercourses, wetlands, fish and wildlife habitats, flood hazard zones, special plant communities and wooded areas.
(5) 
A grading and drainage plan showing existing and proposed contours.
(6) 
The design and use of nonstructural and structural means to avoid stormwater runoff and nonpoint source water pollution.
(7) 
The location, proposed use and height of all buildings.
(8) 
The location, design and construction materials of all parking and truck-loading areas, showing ingress and egress.
(9) 
Provision for pedestrian access.
(10) 
The location of outdoor storage, if any.
(11) 
The location, design and construction materials of all site improvements, including drains, culverts, retaining walls and fences.
(12) 
A description of the method of sewage disposal and location, design and construction materials of such facilities.
(13) 
A description of the method of securing public water and location, design and construction materials of such facilities.
(14) 
The location of fire and other emergency zones, including the location of fire hydrants.
(15) 
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(16) 
The location, size, design and construction materials of all proposed signs.
(17) 
The location and proposed development of all buffer areas, including existing vegetative cover.
(18) 
The location and design of proposed outdoor lighting facilities.
(19) 
Identification of any elements or areas contributing to or detracting from local visual quality and character, and of existing or potential scenic views.
(20) 
Designation of the amount of building area proposed for retail sales or similar commercial activity.
(21) 
A general landscaping plan and planting schedule, and location of groups of mature trees over 18 inches at four feet above the base of the trunk.
(22) 
Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any county, state or federal permits required for the project's execution.
[1]
Editor's Note: The Schedule of Fees is on file in the Town offices.
C. 
Planning Board review of site plan. The Planning Board's review shall include, as appropriate, but is not limited to the following:
(1) 
General considerations.
(a) 
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(b) 
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(c) 
The location, arrangement, appearance and sufficiency of off-street parking and loading.
(d) 
The location, arrangement, size, design and general site compatibility of buildings, structures, lighting and signs.
(e) 
The adequacy of stormwater and drainage facilities.
(f) 
The adequacy of water supply and sewage disposal facilities.
(g) 
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(h) 
In the case of an apartment complex or other multiple-family dwelling, the adequacy of usable open space for plan areas and informal recreation.
(i) 
Protection of scenic views and visual quality and character.
(j) 
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(k) 
The adequacy of fire lands and other emergency zones and the provision of fire hydrants.
(l) 
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(m) 
The adequacy of site restoration scheduled to follow construction.
(n) 
Maximum avoidance of clear-cutting of trees and the adequacy of measures to protect and preserve as much mature vegetation as possible on the site.
(o) 
Maximum avoidance of the destruction, damage or detrimental modification of or interference with natural, scenic, topographic or physical features of the site.
(p) 
The adequacy of landscaping and setbacks in regard to achieving maximum compatibility with and protection of local and regional scenic quality, adjacent fish and wildlife habitats, freshwater wetlands and coastal waters.
(q) 
The extent to which structure height and bulk do not disrupt natural topography and are compatible with the site and the adjacent sites, and do not detract from the natural visual quality of the local area or region.
(2) 
Consultative review. The Planning Board may consult with the Catskill Waterfront Commission, Town Code Enforcement Officer, Fire Commissioners, Conservation Council, Highway Superintendent, other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
(3) 
Public hearing. The Planning Board may conduct a public hearing on the 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 site plan approval and shall be advertised in a newspaper of general circulation in the Town at least five days before the public hearing. The Planning Board shall also mail notice of said hearing to the applicant at least 10 days before said hearing.
(4) 
Planning Board action.
(a) 
Prior to taking action on the site plan, the Planning Board shall refer the plan to the Greene County Planning Board for advisory review and a report in accordance with General Municipal Law.
(b) 
Within 62 days after a public hearing (if one is held), or within 62 days after receipt of an application for site plan approval if no public hearing has been held, the Planning Board shall act on it. If no decision is made within said sixty-two-day period, the site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the site plan is approved, disapproved or approved with modifications. The Planning Board's written statement of action shall also 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.
(c) 
The Planning Board's statement may include recommendations of desirable modifications to be incorporated and conformance with said modifications shall be considered a condition of approval. Upon approval, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Zoning Enforcement Officer who shall then issue a zoning permit if the project conforms to all other applicable requirements.
(d) 
Upon disapproval, the Planning Board shall so inform the Zoning Enforcement Officer and he shall deny a zoning permit. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. In such a case, the Planning Board may recommend further study on the site plan and resubmission to the Planning Board after it has been revised or redesigned.
A. 
A special Waterfront Overlay District is hereby established and is delineated on the Zoning Map[1] as an overlay district. Within this district all uses, except individual, one- and two-family dwellings, shall require site plan approval, the procedure for which follows, and be consistent with the policies set forth in the Town and Village of Catskill Local Waterfront Revitalization Program (LWRP). Consistency shall be determined by the Planning Board through the site plan approval process.
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of the Code.
B. 
Special Waterfront Overlay District site plan review and approval process.
(1) 
Objective. The object of Waterfront Overlay District site plan approval is to evaluate various land uses that may cause a conflict between existing and proposed uses or may be in conflict with the policies and purposes of the LWRP or natural site conditions, and thereby minimize the adverse effects concerning health, safety and overall welfare of the residents of the community and ensure compliance with the Catskill Local Waterfront Revitalization Program.
(2) 
Procedure. Prior to the issuance of a zoning permit in the special Waterfront Overlay District for all uses, except individual, one- and two-family dwellings, the Zoning Enforcement Officer shall require the preparation of a sketch plan as identified below. The Zoning Enforcement Officer shall refer the site plan to the Planning Board for its review in accordance with the standards and procedures set forth in this chapter.
(3) 
Sketch plan conference. A sketch plan conference shall be held between the Planning Board and applicant to review the site plan concept and the LWRP, if the proposed project is within the WD District, and generally determine the information to be required on the site plan. The Planning Board will briefly describe the Catskill LWRP to the applicant. The applicant should be aware that the project must comply with the LWRP policies and purposes. The applicant is responsible to prepare an LWRP coastal assessment form for the site plan submission. The filing of a sketch plan and the sketch plan conference may be waived by formal action of the Planning Board. At the sketch plan conference, the applicant should provide the data discussed below in addition to a statement and/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, easements and buildings within 500 feet of the boundaries thereof. Said map should show existing natural features such as water bodies, watercourses, wetlands, wooded areas, individual large trees and flood hazard areas.
(b) 
A map of site topography at no more than five-foot contour intervals. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two-foot intervals of elevation should also be provided.
(c) 
A rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs and other planned features.
(4) 
Application for Waterfront Overlay District site plan approval. An application for Waterfront Overlay District site plan approval shall be made, in writing, to the Zoning Enforcement Officer and shall be accompanied by an application fee in accordance with the Schedule of Fees[2] as promulgated by the Town Board of Catskill, New York, and a map of the site plan that includes information drawn from the following checklist, as determined necessary by the Planning Board at the sketch plan conference:
(a) 
The title of the drawing, including the name and address of the applicant and the person responsible for preparation of such drawing.
(b) 
North arrow, scale and date.
(c) 
The boundaries of the property plotted to scale.
(d) 
Existing watercourses, wetlands, fish and wildlife habitats, flood hazard zones, special plant communities and wooded areas.
(e) 
A grading and drainage plan showing existing and proposed contours.
(f) 
A completed LWRP coastal assessment form.
(g) 
Design and use of nonstructural and structural means to avoid stormwater runoff and nonpoint source water pollution.
(h) 
The location, proposed use and height of all buildings.
(i) 
The location, design and construction materials of all parking and truck-loading areas, showing ingress and egress.
(j) 
Provision for pedestrian access.
(k) 
The location of outdoor storage, if any.
(l) 
The location, design and construction materials of all site improvements, including drains, culverts, retaining walls and fences.
(m) 
The location, size and design for any docks, ramps, bulkheads or other waterside structures.
(n) 
A description of the method of sewage disposal and location, design and construction materials of such facilities.
(o) 
A description of the method of securing public water and location, design and construction materials of such facilities.
(p) 
The location of fire and other emergency zones, including the location of fire hydrants.
(q) 
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(r) 
The location, size, design and construction materials of all proposed signs.
(s) 
The location and proposed development of all buffer areas, including existing vegetative cover.
(t) 
The location and design of proposed outdoor lighting facilities.
(u) 
Identification of any elements or areas contributing to or detracting from local visual quality and character, and of existing or potential scenic views.
(v) 
Designation of the amount of building area proposed for retail sales or similar commercial activity.
(w) 
A general landscaping plan and planting schedule, and location of groups of mature trees over 18 inches at four feet above the base of the trunk.
(x) 
Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any county, state or federal permits required for the project's execution.
[2]
Editor's Note: The Schedule of Fees is on file in the Town offices.
(5) 
Planning Board review of Waterfront Overlay District site plan. The Planning Board's review shall include, as appropriate, but is not limited to the following:
(a) 
General considerations.
[1] 
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
[2] 
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
[3] 
The location, arrangement, appearance and sufficiency of off-street parking and loading.
[4] 
The location, arrangement, size, design and general site compatibility of buildings, structures, lighting and signs.
[5] 
The adequacy of stormwater and drainage facilities.
[6] 
The adequacy of water supply and sewage disposal facilities.
[7] 
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise 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-family dwelling, the adequacy of usable open space for plan areas and informal recreation.
[9] 
Protection of scenic views and visual quality and character.
[10] 
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
[11] 
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
[12] 
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
[13] 
The adequacy of site restoration scheduled to follow construction.
[14] 
Maximum avoidance of clear-cutting of trees and the adequacy of measures to protect and preserve as much mature vegetation as possible on the site, including but not limited to trees of six inches in diameter or more measured at four feet above grade.
[15] 
Maximum avoidance of the destruction, damage or detrimental modification of or interference with natural, scenic, topographic or physical features of the site.
[16] 
The adequacy of landscaping and setbacks in regard to achieving maximum compatibility with and protection of local and regional scenic quality, adjacent fish and wildlife habitats, freshwater wetlands and coastal waters.
[17] 
The extent to which structure height and bulk do not disrupt natural topography and are compatible with the site and the adjacent sites, and do not detract from the natural visual quality of the local area or region.
(b) 
Waterfront consistency review.
[1] 
The policies in the Catskill Local Waterfront Revitalization Program (LWRP), which was adopted by the Catskill Town Board, are hereby made a part of this chapter. All actions in the waterfront district that are subject to site plan review shall be evaluated for consistency with the LWRP policy standards and conditions, which are derived from and further explained and described in Section III of the Catskill LWRP, a copy of which is on file in the Town Clerk's office and available for inspection during normal business hours.
[2] 
Review of actions.
[a] 
Whenever a proposed action is located in the WD District and is subject to site plan review, the Planning Board shall, prior to approving the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in Subsection B(5)(b)[2][d].
[b] 
Whenever the Planning Board receives a site plan application for review of a proposed action to be located in the WD District, the applicant shall prepare a coastal assessment form (CAF) to assist the Planning Board with its LWRP consistency review.
[c] 
The Planning Board shall make the determination of consistency with the LWRP policy standards and conditions based on the CAF, the site plan application and such other information as is deemed to be necessary in its determination. The Planning Board shall have the authority, in its finding of consistency, to impose practicable and reasonable conditions on an action to ensure that it is carried out in accordance with this chapter.
[d] 
Actions proposed to be undertaken within the WD District that are subject to site plan review shall be evaluated for consistency in accordance with the following LWRP policy standards and conditions, which are derived from and further explained and described in Section III of the Town of Catskill LWRP, a copy of which is on file in the Town Clerk's office and available for inspection during normal business hours. Other Town agencies which undertake direct actions shall also consult with Section VI of the LWRP in making their consistency determination. The action shall be consistent with the policy to:
[i] 
Revitalize the deteriorated and underutilized waterfront areas of Catskill (Policies 1, 1A, 1B and 1C).
[ii] 
Retain and promote commercial and recreational water-dependent uses (Policies 2, 2A, 2B, 2C and 2D).
[iii] 
Strengthen the economic base of Catskill's smaller harbor areas by encouraging traditional uses and activities (Policies 4, 4A, 4B, 4C, 4D and 4E).
[iv] 
Ensure that development occurs where adequate public infrastructure is available to reduce health and pollution hazards (Policies 5 and 5A).
[v] 
Protect significant and locally important fish and wildlife habitats from human disruption and chemical contamination (Policies 7 and 8).
[vi] 
Maintain and expand commercial fishing facilities to protect commercial and recreational fishing opportunities (Policies 9 and 10).
[vii] 
Minimize flooding and erosion hazards through nonstructural means, carefully selected long-term structural measures and appropriate siting of structures (Policies 11, 11A, 13, 14, 14A and 17).
[viii] 
Safeguard economic, social and environmental interests in the coastal area when major actions are undertaken (Policy 18).
[ix] 
Maintain and improve public access to the shoreline and to water-related recreational facilities while protecting the environment (Policies 1B, 2, 9, 19, 19A, 19B, 20, 21, 22 and 44A).
[x] 
Protect and restore historic and archaeological resources (Policies 23, 23A and 23B).
[xi] 
Protect and upgrade scenic resources (Policies 24 and 25).
[xii] 
Conserve and protect agricultural lands (Policy 26).
[xiii] 
Site and construct energy facilities in a manner which will be compatible with the environment and contingent upon the need for a waterfront or water location (Policies 27, 30, 31, 35, 35A, 36, 38, 39, 40, 41, 42, 43 and 44).
[xiv] 
Prevent ice management practices which could damage significant fish and wildlife and their habitat (Policy 28).
[xv] 
Protect surface and ground waters from direct and indirect discharge of pollutants and from overuse (Policies 30, 31, 32, 32A, 33, 34, 35, 35A, 36, 37, 38, 39, 39A, 40 and 44).
[xvi] 
Perform dredging and dredge spoil in a manner protective of natural resources (Policies 35 and 35A).
[xvii] 
Handle and dispose of solid and hazardous wastes and effluent in a manner which will not adversely affect the environment (Policies 39 and 39A).
[xviii] 
Protect air quality (Policies 41, 42 and 43).
[xix] 
Protect freshwater wetlands (Policies 44 and 44A).
[e] 
Actions proposed within the special Waterfront Overlay District shall also comply with the following additional standards:
[i] 
The extent to which structure height and bulk do not disrupt natural topography and are compatible with the site and the adjacent sites, and do not detract from the natural visual quality.
[ii] 
On lots which are located adjacent to the Hudson River, a one hundred foot setback from the mean high-water mark shall be maintained, except for appropriate and permitted water-dependent uses. On lots which are located adjacent to other surface water bodies or wetlands, a fifty-foot setback from the mean high-water mark shall be maintained, except for appropriate and permitted water-dependent uses. In addition, a one-hundred-foot setback shall be maintained between all watercourses/wetlands and all sewage disposal systems.
[f] 
Findings.
[i] 
If the Planning Board determines that the action would not be consistent with one or more of the LWRP policy standards and conditions, such action shall not be undertaken unless the Planning Board makes a written finding with respect to the proposed action that:
[A] 
No reasonable alternatives exist which would permit the action to be undertaken in a manner which will not substantially hinder the achievement of such LWRP policy standards and conditions;
[B] 
The action would be undertaken in a manner which will minimize all adverse effects on such LWRP policy standards and conditions;
[C] 
The action will advance one or more of the other LWRP policy standards and conditions; and
[D] 
The action will result in an overriding Town, regional or statewide public benefit.
[ii] 
Such a finding shall constitute a determination that the action is consistent with the LWRP policy standards and conditions.
[g] 
The Planning Board shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Catskill Waterfront Commission. Such files shall be made available for public inspection upon request.
(c) 
Consultant review. The Planning Board may consult with the Catskill Waterfront Commission, Town Code Enforcement Officer, Fire Commissioners, Conservation Council, Highway Superintendent, other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies including but not limited to the Soil Conservation Service, the State Department of Transportation, the State Department of Environmental Conservation and the Department of State.
(d) 
Public hearing. The Planning Board may conduct a public hearing on the 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 site plan approval and shall be advertised in a newspaper of general circulation in the Town at least five days before the public hearing. The Planning Board shall also mail notice of said hearing to the applicant at least 10 days before said hearing.
(6) 
Planning Board action.
(a) 
Prior to taking action on the site plan, the Planning Board shall refer the plan to the Greene County Planning Board for advisory review and a report in accordance with General Municipal Law.
(b) 
Within 62 days after a public hearing (if one is held), or within 62 days after receipt of an application for site plan approval if no public hearing has been held, the Planning Board shall act on it. If no decision is made within said sixty-two-day period, the site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the site plan is approved, disapproved or approved with modifications. The Planning Board's written statement of action shall also 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.
(c) 
The Planning Board's statement may include recommendations of desirable modifications to be incorporated and conformance with said modifications shall be considered a condition of approval. Upon approval, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Zoning Enforcement Officer who shall then issue a zoning permit if the project conforms to all other applicable requirements.
(d) 
Upon disapproval, the Planning Board shall so inform the Zoning Enforcement Officer and he shall deny a zoning permit. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. In such a case, the Planning Board may recommend further study on the site plan and resubmission to the Planning Board after it has been revised or redesigned.