The Planning and Zoning Commission is hereby
empowered to review, approve, approve with modifications, or disapprove
all site plan applications made pursuant to this article.
These site plan review procedures have been
implemented so that the Planning and Zoning Commission has oversight
over a variety of development activities, primarily commercial, industrial,
and multifamily. In this capacity, the Planning and Zoning Commission
will review, approve, modify or, if appropriate, disapprove development
plans based on whether the proposed development conforms with the
requirements and intent of this chapter, and whether the project advances
the goals and recommendations of the Town of Glenville Comprehensive
Plan.
The types of uses requiring site plan review are identified in Article V of this chapter. Site plan review uses vary with the zoning district. What may require site plan review in one zoning district may not in another district.
[Amended 10-1-2014 by L.L. No. 7-2014]
In order to be placed on the agenda of the Planning
and Zoning Commission, or on the agenda of the Glenville Environmental
Conservation Commission (GECC) in the case of Type I SEQR actions,
the applicant must submit a complete application, which is to consist
of the following:
A.
A completed site plan application form. The requisite
number of copies is prescribed in the site plan review application
packet provided to applicants.
B.
Part 1 of the full environmental assessment form (FEAF),
with all questions to be answered. The requisite number of copies
is prescribed in the site plan review application packet provided
to applicants.
C.
The appropriate site plan review application fee and
SEQRA (State Environmental Quality Review Act) fee, as prescribed
in the Consolidated Fee Schedule of the Town of Glenville and in the
site plan review application packet provided to applicants.
D.
A site plan or map and all supporting documentation.
The requisite number of copies is prescribed in the site plan review
application packet provided to applicants. The site plan shall include
the following information:
(1)
A legible site plan or map illustrated on reproducible
material drawn to a scale of no smaller than 50 feet to one inch.
(2)
A topographic map with five-foot contour intervals.
If the site is so flat as to render the five-foot contour interval
meaningless, spot elevations shall be placed on the map to give the
reviewer a general idea of slope.
(3)
Name and signature of the professional engineer, land
surveyor, and/or architect who prepared the plan/map.
(4)
If construction details are provided, certification
of same by a licensed professional engineer and/or architect.
(5)
Location map showing approximate location of the site
in relationship to adjacent roads, intersections, and landmarks. Preferably
the location map will be illustrated as an inset on the site plan.
(6)
Title of drawing, name, and address of applicant.
(7)
North arrow, scale, and date showing when the plan/map
was prepared and/or revised.
(8)
Ownership and zoning of all abutting properties, and
of properties directly across the street or road.
(9)
If revisions are made, a table is to be included showing
the date of the original map and all revisions, and a description
detailing the nature of the map amendments.
(10)
Boundaries of the property, plotted to scale.
(11)
Existing watercourses and direction of flow
within the watercourses.
(12)
Location, names, and widths of existing and
proposed streets.
(13)
Typical cross sections and details of street
pavements, including curbs, sidewalks, manholes, catch basins, and
trench details.
(14)
Profiles of proposed streets and parking areas.
(15)
Location of existing and proposed storm, sanitary,
and water mains.
(16)
Location, dimensions, and description of existing
and/or proposed septic system.
(17)
Final grading plan, including plans for controlling
erosion, siltation, and off-site stormwater movement.
(18)
Proposed use and dimensions of all existing
and proposed buildings.
(19)
Parking and loading areas (existing and proposed).
(20)
Driveways and their dimensions (existing and
proposed).
(21)
Location of regulated wetlands, and the one-hundred-foot
buffer area if the wetland is state-regulated (if present on the site).
(22)
Location of floodplains, showing the boundary
of the one-hundred-year floodplain (if present on the site).
(23)
Location of all outdoor storage (existing and
proposed).
(24)
Existing and/or proposed site improvements as
follows:
(25)
Stormwater pollution prevention plan. A stormwater
pollution prevention plan (SWPPP) consistent with Local Law No. 4
of 2007[1] shall be required for site plan approval. The SWPPP shall
meet the performance, design criteria and standards set forth in Local
Law No. 4 of 2007. The approved site plan shall be consistent with
the provisions of Local Law No. 4 of 2007.
[Added 6-20-2007 by L.L. No. 4-2007]
The Planning and Zoning Commission shall be
guided by the following factors when reviewing a site plan review
application:
A.
Conformance with other applicable provisions of this
chapter, including, but not limited to, landscaping requirements,
building design, off-street parking requirements, building setbacks,
fence requirements, sign regulations, stormwater management and erosion
control requirements, etc.
B.
The adequacy and arrangement of vehicular access and
circulation, including intersections, road widths, curbing, and traffic
controls. Consideration will also be given to the project's traffic
elements and how they relate to adjacent uses.
C.
The adequacy and arrangement of pedestrian and bicycle
access and circulation, including separation of pedestrian traffic
from automobile traffic, the placement and usefulness of on-site sidewalks
and walkways, the accommodation for pedestrians at adjacent street
intersections, and overall pedestrian and bicyclist safety and convenience.
D.
The location, arrangement, and setting of off-street
parking and loading areas.
E.
The placement, arrangement, size, and design of buildings,
lighting, and signs.
F.
The adequacy, type, and arrangement of trees, shrubs,
and other landscaping elements, as they relate to visual and noise
buffering of adjacent sites and the reduction of visual impacts from
the street.
G.
The adequacy of provisions for the collection and/or
disposal of stormwater, sanitary waste, and garbage.
H.
Accommodation on site for snow plowing and snow storage.
I.
The adequacy and durability of structures, roadways,
utilities, and landscaping in areas with moderate to high susceptibility
to flooding, ponding, and/or erosion.
J.
Retention of existing trees and vegetation for aesthetic
reasons, and to minimize soil erosion and siltation.
K.
Protection of adjacent properties against noise, glare,
light pollution, odors, litter, unsightliness, or other objectionable
features.
L.
The adequacy and usability of open space for both
buffering and recreation.
All site plan review applications are subject
to the following procedures:
A.
Staff review. Staff of the Town Economic Development
and Planning Department conducts an administrative-level review of
the application to determine if the application is complete. If the
application is complete, it will be placed on the agenda of the next
meeting of the Planning and Zoning Commission (PZC), or in the case
of an application that constitutes a Type I SEQR action, on the agenda
of the next meeting of the Glenville Environmental Conservation Commission
(GECC). If the application is not complete, the Economic Development
and Planning Department will notify the applicant of the deficiencies
associated with the application.
[Amended 10-1-2014 by L.L. No. 7-2014]
B.
Glenville Environmental Conservation Commission (GECC)
review (for SEQR Type I actions only). The GECC, acting in an advisory
capacity to the PZC, conducts the first substantive review of all
site plan review applications that qualify as a Type I SEQR action.
The GECC's primary role in this instance is to make a recommendation
to the PZC as to whether or not the application may result in a significant
environmental impact. In this capacity, the GECC may ask for additional
information from the applicant in order to assess potential environmental
impacts.
[Amended 10-1-2014 by L.L. No. 7-2014]
C.
Planning and Zoning Commission (PZC) review. The Planning and Zoning
Commission's review involves a two-step process: preliminary site
plan review and final site plan review. A public hearing is conducted
during the final site plan review phase.
[Amended 4-5-2006 by L.L. No. 3-2006; 9-3-2008 by L.L. No.
4-2008; 7-16-2014 by L.L. No. 3-2014]
(1)
Preliminary site plan review.
(a)
During this phase of the review, the PZC evaluates the site plan application to ensure compliance with the provisions of this article. During this meeting the PZC may also direct the applicant to make amendments to the site plan based on the review factors detailed in § 270-107 of this article. The PZC may also table the application should insufficient information be available for the PZC to conduct a thorough review, or if the amendments required of the site plan are substantial. If the application is tabled, the applicant is to reappear in front of the PZC at a later date for preliminary site plan review.
[Amended 10-1-2014 by L.L. No. 7-2014]
(b)
Should the PZC find that the applicant has demonstrated compliance
with the provisions of this article, or should the PZC conclude that
compliance is feasible without the necessity of major revisions to
the site plan, the PZC will then schedule a public hearing on the
site plan application, said hearing to be conducted as part of final
site plan review at the PZC's next regularly scheduled meeting.
(c)
Any amendments required of the applicant must be made, and new
maps submitted to the Town Economic Development and Planning Department,
no later than 10 days prior to the date of the public hearing/final
site plan review.
[Amended 10-1-2014 by L.L. No. 7-2014]
(2)
Final site plan review and public hearing.
(a)
Following a favorable determination by the PZC on the preliminary site plan review submission, the applicant is to appear at a public hearing to be held at the next regularly scheduled meeting of the PZC. At this time the PZC will consider the application and any amendments thereto, as well as comments raised at the public hearing. The PZC is to be guided by the provisions of § 270-107, Review factors, of this article, in rendering its decision
[Amended 10-1-2014 by L.L. No. 7-2014]
(b)
Following the hearing, the PZC will have 62 calendar days in
which to render its decision to approve, approve with modifications,
or disapprove the application. If the PZC is satisfied with the application
following the hearing and final site plan review, it may render its
decision on the evening of the hearing.
(c)
The sixty-two-day period in which the PZC must render its decision
may be extended upon mutual consent of the applicant and the PZC.
(3)
Combining preliminary and final site plan review. The two steps may
be combined in the following instances and/or for the following land
uses:
(b)
Additions to existing buildings in which the overall footprint
of the existing building or buildings on the property does not exceed
25%. It is acknowledged that an increase in building footprint, up
to 25%, may include changes to or an expansion of parking areas, driveways,
landscaping, stormwater management facilities, and other site features.
(c)
Expansion of existing uses in which there are no building additions,
but rather an expansion of or modifications to parking, driveways,
landscaping, stormwater management facilities, and other site features.
(d)
Bed-and-breakfast establishments.
(e)
Accessory apartments.
(f)
Churches, synagogues, rectories and other religious uses and
institutions, except within the Suburban Residential District, where
a two-step site plan review process will still be required.
(4)
All approved site plans shall be stamped, dated, and signed
by the PZC Chairman prior to any building permits being issued for
the property in question.
(5)
There may be occasions when certain site plan review applications,
due to the complexity of the project and/or work demands upon Town
staff at the time of the application, will need to be forwarded to
an outside consultant and/or the Town-designated engineer for review.
In these instances, the applicant will be responsible for full payment
of the bill for review of applications by the consultant/engineer.[1]
[1]
Editor's Note: This subsection, formerly § 270-116, Review of applications by consultant, was redesignated as § 270-108C(4) on 9-3-2008 by L.L. No. 4-2008, and subsequently redesignated as § 270-108C(5) on 7-16-2014 by L.L. No. 3-2014.
Public hearings for site plan review applications
must be advertised in the Town's official newspaper at least five
calendar days prior to the hearing date. Further, as a courtesy, the
Town will attempt to notify in writing all property owners whose properties
are located within 500 feet of the property on which the application
is being made that a hearing is to be conducted by the PZC.
Pursuant to § 274-a of the Town Law,
the Planning and Zoning Commission, as part of site plan approval
for any residential project, may require that land be set aside on
the property for park, playground, or other recreational purposes,
or, in lieu of land, that a fee be levied for the purchase and/or
development of park, playground, or recreational facilities.
A.
Land acquisition.
(1)
In those instances where the PZC mandates the dedication
of land for park, playground, or recreational purposes, the PZC will
require that not less than 0.25 acre of land be set aside for every
10 dwelling units. However, in no case will the amount of land be
more than 20% of the total area of the property.
(2)
Further, such area or areas may be dedicated to the
Town or county by the applicant or developer, if the Town Board or
County Legislature, respectively, approves such dedication. Appropriate
legal measures will be taken to assure that such land is never developed
for other than recreational purposes.
B.
Fee in lieu of land acquisition.
(1)
In cases where the PZC finds that due to the topography,
configuration, or location of the property in question, land for park,
playground, or other recreational purposes cannot be properly located
on the property, or, if in the opinion of the PZC it is not desirable
to acquire land, the PZC may waive the land dedication requirement.
The PZC will then, as a condition to approval of the site plan, assess
a recreation fee on a per-dwelling-unit basis; amount to be based
upon the most recent version of the Consolidated Fee Schedule of the
Town of Glenville.
(2)
The fee will be paid to the Town Board within 62 days
of final site plan approval, and no building permits or certificates
of occupancy will be issued by the Building Department until said
fee is paid in full. All such payments will be held by the Town Board
in a special Town Recreation Site Acquisition and Improvement Fund,
to be used for the acquisition of land or for the physical improvement
of existing park and recreation facilities. Said land must be suitable
for permanent park, playground, or other recreational purposes, and
will be used only for park, playground, or other recreational land
acquisition or improvements.
C.
Concurrent site plan review and subdivision review. There may be occasions where a residential project is subject to both site plan review and subdivision review (i.e., a townhouse development). In this event, the provisions outlined in this section are waived, in favor of the land acquisition (or money in lieu of land acquisition) procedures of Chapter 242, Subdivision of Land.
[Amended 4-5-2006 by L.L. No. 3-2006]
[Added 2-3-2021 by L.L.
No. 4-2021[1]]
Pursuant to § 10(1)(ii)(d)(3) of the Municipal Home
Rule Law, the Town of Glenville hereby amends Town Law § 274-a
to require, after a finding of need, that a parkland public benefit
fee be paid to the Town as part of site plan approval for large-scale
solar energy farm applications. Solar farms constitute a unique land
use that impacts the Town's ability to retain its suburban aesthetic
and occupies large swaths of green space while converting open or
agricultural lands with potential for more suitable development.
A.
The Planning and Zoning Commission, as part of site plan approval
for any large-scale solar energy farm, may require a public benefit
fee on a per-acre basis; amount to be based upon the developed land
as described in § 270-24.1D(6)(e)[1][k][xvi].
B.
The public benefit fee for park, playground or other recreational
purposes may not be required until the Planning and Zoning Commission
has made a finding that a proper case exists for requiring a public
benefit fee be paid for a park or parks to be suitably located for
playgrounds or other recreational purposes within the Town. Such findings
shall include practical factors including whether there is a need
for additional facilities in the immediate neighborhood and an evaluation
of the present and anticipated future needs for park and recreational
facilities in the Town, based on projected population growth to which
the particular site plan will contribute.
C.
In the event the Planning and Zoning Commission makes a finding pursuant to Subsection B of this section that the proposed site plan presents a proper case for requiring a public benefit fee, the fee will be assessed as detailed in Subsection A of this section. All funds collected pursuant to this section shall be deposited into a trust fund to be used by the Town exclusively for park or other recreational purposes, including the acquisition of property.
A.
As an alternative to the installation of required
infrastructure and improvements, prior to final site plan approval
the PZC may require a performance bond or other security sufficient
to cover the full cost of the improvements, as determined by the Town
Engineering Department and/or Town Highway Department.
B.
Such bond or security is to be provided to the Town
pursuant to the following provisions:
(1)
Form of security. The performance bond or security
must be provided pursuant to a written security agreement with the
Town, approved by the Town Board and also approved by the Town Attorney
as to form, sufficiency, and manner of execution. The form of security
is limited to the following:
(a)
A performance bond issued by a bonding or surety
company.
(b)
The deposit of funds in, or a certificate of
deposit issued by, a bank or trust company located and authorized
to do business in New York State.
(c)
An irrevocable letter of credit from a bank
located and authorized to do business in New York State.
(d)
Obligations of the United States of America.
(e)
Any obligations fully guaranteed as to interest
and principal by the United States of America, having a market value
at least equal to the full cost of such improvements. If not delivered
to the Town, such security shall be held in a Town account at a bank
or trust company.
(2)
Term of security agreement. Any such performance bond
or security agreement shall run for a term to be fixed by the PZC,
but in no case for a longer term than three years; provided, however,
that the term of such performance bond or security agreement may be
extended by the PZC upon consent of the parties thereto. If the PZC
shall decide at any time during the term of the performance bond or
security agreement that the required improvements have been installed
in sufficient amount to warrant reduction in the amount of the security,
the PZC, upon approval by the Town Board, may modify its requirements
for any or all such improvements, and the amount of such security
shall thereupon be reduced by an appropriate amount so that the new
amount will cover the cost in full of the amended list of improvements
required by the PZC.
(3)
Default of security agreement. In the event that any
required improvements have not been installed pursuant to the term
of the security agreement, the Town Board may declare the performance
bond or security agreement to be in default, and collect the sum of
the remaining security. Upon collection of the remaining proceeds,
the Town shall install such improvements as are covered by the security
and as commensurate with the extent of building development that has
taken place, but not exceeding in cost the amount of such proceeds.
Any expansion of a use permitted by site plan
review, whether it be the expansion of the principal building, parking
lot, accessory buildings, etc., is subject to the review procedures
outlined in this article.
A.
If an existing building or group of buildings is to
be occupied by a new tenant, whose use is considered a site plan review
use, the new tenant does not need to undergo site plan review and
approval as outlined in this article, provided the change in tenancy
will not result in an intensification of the use (i.e., residential
to commercial, residential to mixed residential/commercial, office
to assembly, etc.), any change to the building footprint, gross floor
area of the building or buildings, or any alteration to the parking
lot, driveways, landscaping, and all other site features.
B.
If the building or group of buildings was vacant immediately
prior to the change in tenancy, the use of the building prior to it
becoming vacant is to be considered when determining if the change
in tenancy will result in an intensification of the use. If the building
or group of buildings was vacant for two or more years prior to the
proposed change in tenancy, site plan review is required, regardless
of the most recent use of the building.
[Added 12-17-2008 by L.L. No. 5-2008]
A.
Effective January 1, 2008, the owner of a nonconforming
use that is located in a General Business District which has an adopted
master plan shall be permitted a one-time relocation of said nonconforming
business use within the same General Business District, provided:
(1)
The property being vacated is being vacated
to accommodate a planned development project which has been approved
by the Town and all boards with jurisdiction over the project or a
park, recreational area or preserve area identified in the master
plan for the study area;
(2)
The property to be occupied is currently being
used for a similar use or was previously used for a use that would
be nonconforming under the existing Zoning Code and has been vacant
since such last use; and
(3)
The one-time relocation of said nonconforming
business must occur within one year from the date of being vacated.
B.
Once transferred to the new property, the use shall
be governed by all other provisions of this chapter, including site
plan review.
[Amended 10-1-2014 by L.L. No. 7-2014]
There may be occasions where an application
for development requires both site plan review and a conditional use
permit.
A.
In the
case of a one-step site plan review procedure, the PZC is required
to grant final site plan approval prior to issuing a recommendation
to the ZBA on the conditional use permit application. The ZBA then
follows with its review of the conditional use permit application,
including the holding of a public hearing. The application does not
need to go back to the PZC for review once the ZBA renders their decision,
unless the ZBA's decision results in necessary amendments to the site
plan. In this instance, the PZC is required to revisit their previous
site plan approval and render a new decision, thereby concluding the
review process.
B.
In the
case of a two-step site plan review procedure, the Planning and Zoning
Commission (PZC) is required to grant preliminary site plan approval
prior to issuing a recommendation to the Zoning Board of Appeals (ZBA)
on the conditional use permit application. Following preliminary site
plan approval, the ZBA will conduct a public hearing on the conditional
use permit application. If the ZBA approves the conditional use permit,
the PZC renews its review of the final site plan review application,
including the holding of a public hearing.
C.
In the
case of an application that requires site plan review, a conditional
use permit, and an area variance(s), the PZC's decision on either
preliminary or final site plan review may be issued conditionally
upon the ZBA approving the area variance(s). In an event such as this,
the PZC may require the applicant to appear before them again for
final site plan review following the ZBA's decision on the area variance(s)
application.
[Added 9-3-2008 by L.L. No. 4-2008[2]]
Site plan approvals will be revoked if construction
has not commenced within two years of the approval date.
[1]
Editor’s Note: Former § 270-116, Review of applications by consultant, was redesignated as § 270-108C(4) on 9-3-2008 by L.L. No. 4-2008, and subsequently redesignated as § 270-108C(5) on 7-16-2014 by L.L. No. 3-2014.
[Amended 10-1-2014 by L.L. No. 7-2014]
The Planning and Zoning Commission, at its discretion,
may judge that certain requirements of this article are not applicable
in its approval of a site plan. In such cases, the PZC may allow the
applicant to submit only those elements which the Commission deems
necessary to the review and approval of the particular application.
In granting such waivers, the PZC may seek input from staff of the
Town's Economic Development and Planning, Engineering, and/or Highway
Departments.
