Town of East Fishkill, NY Site Plan Approval

Editor's Note: Former Subsection D, regarding definitions, which immediately followed, was repealed 9-22-2022 by L.L. No. 7-2022.

§ 194-25 Application.

Submission in three stages. A site plan of any proposed development of land, prepared by a registered architect, licensed landscape architect and/or professional engineer, shall be submitted to the Planning Board for approval. The plans and elevations submitted for architectural approval, as provided in § 194-25B(2)(b), below, shall be prepared by a registered architect and/or a professional engineer. Where approval of the Architectural Review Board is required, the Zoning and Planning Office shall refer the materials relating to the ARB application to the ARB, pursuant to Article VIII. The plan shall normally be submitted in three stages:

[Amended 12-11-1986 by L.L. No. 5-1986; 2-8-1996 by L.L. No. 3-1996; 4-24-1997 by L.L. No. 3-1997]

Sketch plan. The sketch plan phase in the procedure is for the convenience of the applicant, and therefore is an optional step on behalf of the applicant. It is the intention of the Board to afford an opportunity to meet with the applicant and review the various requirements of this regulation prior to his presenting a formal preliminary site plan for review and approval.

Preliminary plan.

Final plan.

Simultaneous submissions. An applicant may, however, simultaneously submit the sketch plan and preliminary plan, or simultaneously submit the preliminary plan and final plan. However, in the event of simultaneous submissions, the requirements for all stages (§ 194-25B) must be met. Similarly, if an applicant does not submit a sketch plan, all the information normally required at the sketch plan phase shall be included with the preliminary site plan.

Fees.

Applicability. All submissions for site plan approval shall be accompanied by a fee to pay for the costs of the planning design and engineering review.

The fee shall be as set by the Town Board. The fee for site plan applications may be modified from time to time by the Town Board by resolution. All fees are in addition to any required escrow.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Environmental review. These fees do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act.

Site plan submission. Site plan submissions shall include the following information, together with any additional information required by the Planning Board in order to properly evaluate the application:

Sketch plan.

Buildings, road and property map. Map showing the applicant's entire property and adjacent properties and streets, at a convenient scale, including the approximate location and dimensions of all existing and proposed structures on the subject property and on adjacent properties within 250 feet of the site boundary.

Paved area. All existing paved areas.

Natural features. Existing topography, lawns, meadows, shrubs and trees (general location), watercourses and bodies of water, wetlands, rock outcrops and other prominent physical features.

Areas to be left undisturbed. Areas to be left undisturbed by earth moving machines.

(e)

Existing circulation. Existing pedestrian and vehicular circulation diagram for the site and immediate area.

(f)

Development team. The name and address of the applicant, and other planners, engineers, architects, landscape architects, surveyors and/or other professionals engaged to work on the project, shall be shown. Where the applicant or owner is a corporation, the Planning Board may require the names and addresses of all officers, directors and principal stockholders of said corporation.

(g)

Identification and location map. Tax parcel identification number(s) of property to be developed and location map showing location of property with respect to major nearby roads.

Preliminary plan.

Structures and circulation. One set of preliminary plans, elevations and sections of proposed structures and roads, showing the proposed location, dimensions, use and design of all buildings and structures, including any proposed division of buildings into units of separate occupancy and location of drives thereto, and showing the proposed location of all roads, pedestrian walkways, fire lanes and parking areas, including the relationship of the proposed traffic circulation system with that of neighboring uses.

Architectural features.

[Amended 4-24-1997 by L.L. No. 3-1997]

Plans and elevations of the proposed building or structure(s), prepared by a registered architect and/or professional engineer, showing the architectural features of all existing and proposed construction and the details of all elements of exterior design, including exterior materials, colors and texture, roof design (including mechanical equipment which will protrude above the roof), awnings and other decorative elements. The plans shall also show the relationship of the proposed structure(s) to neighboring structures as to height, scale, size, design, rhythm, setback, materials, texture, facade treatment and sign location and treatment. Such information shall be at a scale and of a quality to enable the ARB or Planning Board to assess the appearance of the proposed structure(s) and their relationship to their surroundings. Where necessary for such purposes, the Board may require perspective renderings or models to be submitted.

[2]

Where ARB approval is required, this information shall be forwarded to the ARB for review and approval under the provisions of Article VIII. The Planning Board may, in its discretion, commence its site plan review prior to the filing of the architectural elevations, but all such elevations must be filed with the Planning Board secretary by the Friday before the public hearing. If these are not filed, the secretary shall cancel the public hearing, and such public hearing shall be rescheduled after the elevations have been submitted.

Landscaping and screening. Preliminary grading, landscaping and screening plan. Existing topography and proposed grade elevations shall be shown at contour intervals of not less than five feet, unless otherwise specified by the Planning Board. The location, type and design of all waste handling facilities should be indicated.

Cut and fill. Extent and amount of cut and fill for all disturbed areas, including before-and-after profiles of typical development areas, parking lots and roads, and including plans for erosion and siltation control.

(e)

Stormwater retention. Provisions for on-site stormwater retention basins and infiltration systems during and after construction, designed to handle any increased rate of runoff, and to allow stormwater to filter into the groundwater beneath the project site.

(f)

Wells. Location and test yields in gallons per minute of all proposed on-site wells.

(g)

Drainage fields or percolation tanks. Location and percolation test results of all proposed drainage fields or percolation tanks.

(h)

Water supply and sewage disposal. Description of method of water supply and sewage disposal and location of such facilities. Location of wells and sanitary sewage disposal systems on abutting properties within 250 feet of the property line shall also be shown.

(i)

Lighting, power and communication facilities. Location and design of lighting, power and communication facilities.

(j)

Signs. Location, design and size of all signs.

(k)

Site improvements. Location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences.

(l)

Outdoor storage. Location of any outdoor storage.

(m)

Uses. Detailed breakdowns of all proposed floor space by type of use.

(n)

Other industrial uses. In an Industrial district, specific uses proposed, number of employees for which buildings are designed, type of power to be used for any manufacturing process, type of wastes or by-products to be produced by any manufacturing process, and the proposed method of disposal of such wastes or by-products shall also be shown.

(o)

SEQR. The applicant must include an Environmental Assessment Form and any other necessary documentation to comply with SEQR. No application shall be deemed complete until a determination of no significance has been made or until a draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.

(p)

Other town requirements. The preliminary site plan shall also comply in all respects with the requirements and design standards of these regulations, and shall further comply with any other applicable town laws, ordinances, rules or regulations.

(q)

Requirements of other agencies. The preliminary site plan shall further comply in all respects with the requirements of other governmental agencies having jurisdiction in the review procedures of site plans.

(r)

Requirements for plans. All plans shall meet the requirements of §§ 163-21 and 163-22 of the town's Subdivision Regulations, relating to requirements for plans.

(s)

Wetlands. The location of designated wetlands and their one-hundred-foot buffers, floodplains, floodways and surface waters shall be accurately shown.

(t)

Agricultural data statement. If any portion of the project is located on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, the application must include an agricultural data statement containing the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.

[Added 6-14-2001 by L.L. No. 3-2001]

(u)

All applications to the Planning Board shall review any and all Town planning documents/reports and comment on the applicability of these Town policies to the proposed application. The PB shall develop a list of these documents/reports, which shall be updated from time to time, to be reviewed and considered as part of the application. These documents/reports shall be listed on the application form.

[Added 2-27-2014 by L.L. No. 2-2014]

Final plan.

Structures. One set of final plans, elevations and sections of proposed structures.

Landscaping. Final grading and landscaping plan.

Trees. Individual trees over 12 inches caliper, with indication of those to be retained and those to be removed.

Owner consent note. The final plan shall contain a note in substantially the following form: "The undersigned, owner [contract vendee] of the property shown hereon states that he is familiar with this map, its contents, legends and notations, and hereby agrees and consents to all said terms and conditions as stated hereon."

(e)

Requirements for plans. All plans shall meet the requirements of §§ 163-21 and 163-22 of the town's Subdivision Regulations relating to requirements for plans.

Additional information. At the request of the Planning Board, any other pertinent information as may be necessary to determine and provide for the proper enforcement of this article shall also be provided.

Exceptions. For minor site development plans, or in other appropriate circumstances, the Planning Board may waive the provision of any items of information listed in Subsection B (site plan requirements).

§ 194-26 Standards.

All site plans shall meet the following minimum standards:

Conformance. The proposed use, buildings and other structures, including outside storage areas, recreational areas, site development, landscaping and off-street parking and loading, shall conform to all of the requirements of this Zoning Chapter, Chapter 163, Subdivision of Land, Chapter A197, Highway Specifications, and all other applicable town laws.

Access and circulation. Convenient and safe access and traffic circulation for both pedestrians and vehicles shall be provided to all parts of the site intended for their use. Mixing of vehicular and pedestrian or bicycle traffic shall be avoided. A linkage with the road and path systems of abutting properties shall be provided. Sidewalks shall be provided along commercial highways in commercial zones where pedestrian activity is anticipated to occur.

[Amended 11-14-2002 by L.L. No. 11-2002]

Neighborhood. All aspects of the site plan, architectural plans and location and dimension of buildings, shall be of such character as to harmonize with the neighborhood, to accomplish an appropriate transition in character between areas of unlike character, to protect property values, and to preserve and enhance the appearance and beauty of the community, and to avoid an adverse impact on adjacent land uses, or on the traffic circulation systems serving the surrounding area.

Architectural features. The site plan shall meet the adopted guidelines of the East Fishkill Design Handbook completed in January 1997, prepared by Buckhurst, Fish and Jacquemart. Where the proposed construction, additions, alterations or remodeling falls within the provisions of Article VIII, then the architectural features shall be reviewed by the Architectural Review Board. In all other cases, the architectural features shall be reviewed by the Planning Board.

[Added 4-24-1997 by L.L. No. 3-1997]

Natural features. The site plan shall reflect an awareness of sensitivity to the views, terrain, soils, plant life and other qualities of the site and shall, to the maximum extent possible, preserve and enlarge upon these assets for recreation, scenic or conservation purposes. The site plan shall minimize dangers of flooding and other drainage problems and shall be compatible with preservation of groundwater quality and aquifer protection. The site plan shall also be designed to avoid, insofar as possible, interfering with the actual or potential solar energy use of nearby properties.

(6)

Utility lines. All utility lines shall be kept below grade, unless the Planning Board finds, on the basis of documentation submitted by the applicant, that the placement of such lines above ground shall not cause any adverse environmental impacts and will otherwise meet the standards of this chapter.

(7)

State Environmental Quality Review. The requirements of SEQR, including any appropriate mitigation measures, must be met. The Planning Board shall evaluate and consider the agricultural data statement, if any, in its review of the possible impacts of the proposed project upon the functioning of farm operations within the relevant agricultural district.

[Amended 6-14-2001 by L.L. No. 3-2001]

(8)

Reservation of parkland on site plans containing residential units.

[Amended 6-14-2001 by L.L. No. 3-2001]

Before such Planning Board may approve a site plan containing residential units, such site plan shall also show, when required by the Board, a park or parks suitably located for playground or other recreational purposes.

Land for park, playground or recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the town. Such findings shall include 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.

In the event the Planning Board makes a finding pursuant to Subsection A(8)(b) of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof, payable at the time of final plat approval, in the amount of $2,000 per unit for affordable housing units, as defined under § 194-164 of this Code, and $4,000 per unit for all other residential units in the site plan or section thereof being considered for approval at the time. All moneys paid under the provisions of this section shall be deposited into the East Fishkill Recreation Trust Fund, to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. In making its determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood.

[Amended 10-28-2004 by L.L. No. 8-2004[1]]

Editor's Note: This local law also stated that it would apply to residential site plans which received conditional final approval after the effective date of the law and that applicants would receive credit for any fees previously paid.

Notwithstanding the foregoing provisions of this subsection, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to Town Law § 276, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof, under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.

(9)

Performance bond or other security. As an alternative to the installation of required infrastructure and improvements prior to approval by the Planning Board, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or a town department designated by the Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Planning Board, shall be furnished to the town by the owner. Such security shall be provided to the town pursuant to the provisions of Subdivision 9 of § 277 of the Town Law.

[Added 6-14-2001 by L.L. No. 3-2001]

The standards set forth herein have been found to be consistent with the guidelines set forth in Greenway Connections. The Planning Board, in its deliberations on any discretionary actions under this chapter, shall consider the statement of policies, principles and guidelines in Greenway Connections as the Planning Board deems appropriate and relevant in its deliberations on such discretionary actions.

[Added 11-14-2002 by L.L. No. 1-2002]

§ 194-27 Action by Planning Board.

[Amended 4-24-1997 by L.L. No. 3-1997]

Referrals. If the application includes an agricultural data statement, the Board Clerk shall mail written notice of such application, including a description of the proposed project and its location, to the owners of land as identified by the applicant in the statement. At least 10 days before the public hearing, the Planning Board Clerk shall mail notices thereof to the applicant and to the County Planning Agency, if required, under General Municipal Law Section 239-m, which notice shall be accompanied by a full statement of such proposed action, as defined in General Municipal Law § 239-m. All applications requiring an agricultural data statement shall be referred to the County planning department as required under General Municipal Law § 239-m.

[Amended 6-14-2001 by L.L. No. 3-2001]

Hearing.

The Planning Board shall fix a time within 62 days from the date a complete application for preliminary site plan approval is made for a public hearing, and shall give public notice thereof by publication in the official newspaper of such hearing at least five days prior to the date thereof. The Planning Board is not authorized to commence its public hearing unless the elevations are filed with the Planning Board secretary by the Friday before the public hearing. If these are not filed, the secretary will cancel the public hearing, and it will be rescheduled after the elevations are filed. The Planning Board shall decide the application within 62 days after the close thereof, subject to the requirements of SEQR and General Municipal Law § 239-m. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. However, no default approval shall be deemed granted by the Board for failure to comply with the sixty-two-day time period, either to open the public hearing or to render a decision.

A further public hearing on an application for final site plan approval shall not be required in every case. However, nothing herein shall preclude the holding of a public hearing an any such matter on which a public hearing on a final site plan application where the Planning Board deems it appropriate. If such hearing is held, it shall take place, and decision be rendered, within the time periods set forth in Subsection B(1). If no hearing is held, a decision on a final site plan should be rendered within 62 days after submission of the complete application for final approval, subject to the requirements of SEQR and General Municipal Law § 239-m, as well as the requirements of this section.

The ARB is not required to hold a separate public hearing on the application for architectural approval. However, during the Planning Board hearing, the public is entitled to comment on any issues relating to the architectural elements of the site plan, and any such comments shall be noted in the minutes and immediately transmitted by the Planning Board secretary to the Architectural Review Board.

The ARB shall promptly submit comments to the Planning Board concerning the visual impact issues and any other environmental issues relating to the architectural features. Where practicable, the ARB may also forward informal comments to the Planning Board on any review that the ARB has undertaken. All such comments should be submitted to the Planning Board prior to the close of the public hearing.

The ARB shall not issue a final decision on the application until after the close of the Planning Board's public hearing, so that any public comments may be transmitted; a negative declaration or SEQR findings have been issued by the Planning Board as lead agency; or until the ARB has made its own SEQR determination, if there is an uncoordinated review.

Decision on final site plan.

The Planning Board may approve, approve subject to modifications or conditions, or disapprove a site plan. The Board's decision shall be made by resolution of the Planning Board. The signature of the site plan by the Chair shall evidence approval of the site plan, including approval of the Architectural Review Board under Article VIII, and compliance with all conditions the Planning Board has imposed as part of its approval.

The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of a site plan, any such conditions must be met prior to the issuance of any building permits or certificates of occupancy, as the Planning Board may more fully set forth in its approval resolution.

Where the Board grants conditional approval of a site plan, the satisfactory completion of all such conditions shall be evidenced by the signature of the site plan by the Chair.

In the case of site plans which also require Architectural Review Board approval under Article VIII, the Planning Board Chair shall not sign the site plan until the ARB has issued approval, or approval subject to conditions.