In accordance with § 274-a of New York Town Law, the Planning Board is authorized to review and approve, approve with modifications or disapprove all site plans for uses required by § 270-130 of this article.
It is the purpose of this site plan authorization
procedure to provide a means for the Town review of the standards
listed in this section. Further, the Planning Board's review of each
site plan application shall be guided by the following:
B.
The adequacy and arrangement of vehicular and pedestrian
traffic access and circulation, including intersections, road widths,
pavement surfaces, dividers and control devices.
C.
The impact of traffic generated on adjacent properties
and roads.
D.
The location, arrangement, appearance and sufficiency
of off-street parking and loading.
E.
The location, arrangement, site design and compatibility
of buildings, structures, lighting and signs.
F.
The adequacy, type and arrangement of landscaping,
screening, buffer zones and open space.
G.
In the case of multiple-family dwellings, the adequacy
of common property or open space for play areas and informal recreation.
H.
The adequacy and means for complete disposal of stormwater,
sanitary waste, water supply for fire protection and consumption,
fire and emergency vehicle access, solid waste disposal and snow removal.
I.
The adequacy of structures, roadways and landscaping
in area with susceptibility to ponding, flooding and/or erosion.
J.
The protection of adjoining or nearby properties against
noise, vibration, dust, odor, glare, unsightliness or other objectionable
features.
K.
The retention of existing trees to as great a degree
as is practicable.
A.
Building permits. Site plan review and approval is
required for the following structures and uses before the issuance
of a building permit:
(1)
Any principal permitted or special use except for
a single-family dwelling and related accessory uses or an agricultural
building, structure or use permitted by right.
(2)
Any nonresidential, nonagricultural principal use
or accessory use thereto in the R-1, R-2 or A District.
(3)
Any development or redevelopment involving the creation
of more than 10 off-street parking spaces or, for all nonresidential
uses, any change in the approved site configuration.
(4)
Any conversion, redevelopment or renovation of an
existing building or structure to a multiple-family or a nonresidential
use.
(5)
Any multiple-family development or redevelopment.
(6)
Any accessory use using or occupying more than 2,000
square feet of land area.
(7)
Any accessory building or structure containing or
enclosing more than 300 square feet of gross floor area.
(8)
Any wind energy facility or wind measurement
tower.
[Added 10-8-2008 by L.L. No. 10-2008]
B.
Change of use. A use which is established either by
right or special permit or which is legally nonconforming consistent
with the provisions of this chapter may not be changed to any other
use or activity without prior notice to the town. Such request for
a change of use shall be made by filing an application for a building
permit with the Town Building Inspector/Code Enforcement Officer.
Said application shall be reviewed by the Planning Board, which may
require that the applicant submit all materials and information as
may be required for site plan review.
[Amended 7-9-2003 by L.L. No. 9-2003]
C.
Exempted uses. Notwithstanding the foregoing requirements
for site plan review, the Planning Board may waive the requirement
of review and approval where it finds, in writing, served to the Building
Inspector/Code Enforcement Officer and applicant, that such review
and approval is unnecessary and would not serve the purposes of this
article.
[Amended 7-9-2003 by L.L. No. 9-2003]
D.
Site plan approval is required for seasonal sales of produce, holiday decorations, Christmas trees and similar activities which occur for limited time frames and do not result in year-round commercial activity. Seasonal sales are subject to the standards imposed in Chapter 228, Seasonal Sales, of the Town Code.
[Added 11-24-1993 by L.L. No. 22-1993]
[Amended 7-9-2003 by L.L. No. 9-2003; 7-12-2006 by L.L. No.
10-2006]
Applications for site plan approval shall be filed with the Town Planner or other person designated by the Department of Public Works and must include the material and information as required by § 270-132. Applications for special use permits shall also include the information and material required for site plan approval. Upon receipt of such complete application, the Town Planner or other person designated by the Department of Public Works shall transmit copies of such application and material to the Planning Board. Every complete application for site plan approval shall be accompanied by a fee in the amount established by the Town Board.[1]
A.
Preliminary plans. Application for preliminary site plan approval shall be accompanied by the following information unless waived pursuant to Subsection B:
(1)
A map of the applicant's entire lot, plot or parcel
of land at the scale of one inch equals 40 feet, unless the Planning
Board determines a different scale more appropriate, showing all properties,
subdivisions, streets, watercourses and easements which pass through
the property or are known to abut the applicant's property.
(2)
The name and address of the applicant, vendee, contract
vendee or owner and title of drawing.
(3)
The North symbol, date and scale.
(4)
The name, address, title and license number of the
person or firm responsible for the preparation of the map.
(5)
Structures and circulation: one set of preliminary
plans, elevations and sections of proposed structures and roads, showing
the proposed location, 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 and fire lanes.
(6)
Landscaping: preliminary grading and landscaping plan.
(7)
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.
(8)
Stormwater retention: provisions for on-site stormwater
retention basins during and after construction, designed to handle
any increased rate of runoff.
(9)
Wells: location and test yields in gallons per minute
of all proposed on-site wells.
(10)
Drainage fields or percolation tanks: location
and percolation test results of all proposed drainage fields or percolation
tanks.
(11)
Water supply and sewage disposal: description
of method of water supply and sewage disposal and location of such
facilities.
(12)
Location of existing wetlands and floodplains.
(13)
Lighting, power and communication facilities:
location and design of lighting, power and communication facilities.
(14)
Signs: location, design and size of all signs.
(15)
Site improvements: location of all existing
and proposed drains, culverts, retaining walls and fences.
(16)
Outdoor storage: location of any outdoor storage
and other accessory uses.
(17)
Uses: detailed breakdowns of all proposed floor
space by type of use.
(18)
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 and
the proposed method of disposal of such wastes or by-products shall
also be shown.
(19)
State environmental quality review: No application
shall be deemed complete without compliance with state environmental
quality review (SEQR), including where necessary, a lead agency determination,
a negative or positive declaration and the submission of an acceptable
draft environmental impact statement (DEIS).
B.
Exemptions. For minor site development plans, or in
other appropriate circumstances, the Planning Board may waive the
provision of any items or information listed in this section. The
Planning Board may allow the applicant to submit only that information
which it deems necessary for review of a particular application.
C.
Additional information. The Planning Board may require
other and further information or documentation as the Board may deem
to be necessary and appropriate to a full consideration and disposition
of a particular application.
D.
Other sources. The Planning Board may consult with
appropriate town, county, state and federal personnel as may be necessary
and appropriate for a proper consideration of a particular application.
A.
Review procedure. Within 45 days following receipt
by the Planning Board of a completed application, the Planning Board
shall consider the application for site plan approval. The Planning
Board may hold any advertised public hearing thereon where the Planning
Board Chairman deems a public hearing necessary and appropriate. The
Planning Board shall decide upon such application within 62 days of
the meeting or hearing at which such application is considered and
shall either approve the application, approve it subject to certain
specific modifications or disapprove the site plan application. The
time within which the Planning Board may render its decision may be
extended by mutual consent of the applicant and the Planning Board.
[Amended 7-9-2003 by L.L. No. 9-2003]
B.
Standards for review. The Planning Board's review of the site plan application shall be guided by the standards listed in § 270-129.
C.
Contents of report.
[Amended 7-9-2003 by L.L. No. 9-2003]
(1)
If the Planning Board determines that the preliminary
site plans meets the standards for review, then it shall grant the
applicant approval, endorse its approval on the preliminary site plan
and authorize its Chairman to affix his signature to the endorsement.
Said site plan, together with supporting facts for the approval action,
shall be forwarded to the Building Inspector/Code Enforcement Officer.
(2)
If the Planning Board determines that one or more aspects of the site plan do not meet the standards set forth in § 270-129, and that revisions, additions, changes or alterations are required, it may grant the applicant conditional approval. Said site plan, together with a written statement setting forth the basis and reasons for the conditional approval, shall be forwarded to the Building Inspector/Code Enforcement Officer. A site plan receiving conditional approval shall always authorize the submission of a final site plan application, accompanied by the final site plan and related documents.
(3)
The Planning Board shall not disapprove any site plan
submitted pursuant to this article except on the basis of specific
written findings directed at one or more of the standards for review.
The Planning Board may recommend further study and resubmission of
the preliminary site plan following revision or redesign.
D.
Notwithstanding anything else contained in this chapter to the contrary, the Planning Commission shall have the authority during site plan review to waive, modify, or reduce off-street parking requirements set forth in § 270-149 and off-street loading requirements set forth in § 270-150 where the applicant demonstrates to the satisfaction of the Planning Commission that such waiver, modification, or reduction is appropriate in light of the nature and scale of the proposed use, and that strict compliance with § 270-149 and/or § 270-150 is not requisite in the interest of the public health, safety or general welfare.
[Added 4-28-2021 by L.L.
No. 3-2021]
[Amended 7-9-2003 by L.L. No. 9-2003]
A.
Application.
(1)
After receiving approval, with or without modifications,
from the Planning Board on a preliminary site plan, the applicant
shall submit a final, detailed site plan to ensure that it is in literal
conformance with all conditions to preliminary approval which may
have been imposed by the Planning Board. All such compliances shall
be clearly indicated by the applicant on the appropriate submission.
If the Building Inspector/Code Enforcement Officer finds that the
plan conforms to the preliminary approval of the Planning Board, the
Inspector shall issue the building permit.
(2)
If more than six months have elapsed since the time
of the Planning Board's action on the preliminary site plan and if
the Planning Board finds that conditions may have changed significantly
in the interim, the Planning Board may require a resubmission of the
preliminary site plan for further review and possible revision prior
to the Building Inspector/Code Enforcement Officer's acceptance and
review of the proposed final site plan. With respect to this subsection,
if necessary plan modifications are minor, the Planning Board may,
in writing, waive preliminary site plan review and grant final approval
subject to review of the revised plans by the Building Inspector/Code
Enforcement Officer, who shall issue the building permit and provide
the plans for the Planning Board's records.
B.
Review by Planning Board. Within 62 days of receipt
of the application for final site plan approval, the Planning Board
shall render a decision to the Building Inspector/Code Enforcement
Officer.
(1)
Upon approval of the final site plan and payment by
the applicant of all fees and reimbursable costs due to the town,
the Planning Board shall endorse its approval on a copy of the final
site plan and shall forward such copy to the Building Inspector/Code
Enforcement Officer.
(2)
Upon disapproval of a final site plan, the Planning
Board shall so inform the Building Inspector/Code Enforcement Officer,
and the Building Inspector/Code Enforcement Officer shall deny a building
permit to the applicant. The Planning Board shall also notify the
applicant in writing of its decision and its reasons for disapproval.
[Amended 7-9-2003 by L.L. No. 9-2003; 7-12-2006 by L.L. No.
6-2006]
A.
The Planning Board may require the applicant to provide
the Town of Rotterdam with adequate security to ensure prompt and
continuous compliance with the site plan, such security being in the
form of a letter of credit or a client fund account, to be held by
the Town pending satisfactory completion of the site plan. The amount
of such security in whatever form shall be equal to the full estimated
cost of the completed site plan. The amount of security necessary
shall be determined by the Department of Public Works after a review
of the cost estimate of the site plan prepared by the applicant or
his representative. The security may be reduced as implementation
of the site plan progresses. It shall not be reduced to less than
the amount determined for that work which is still uncompleted plus
20% of the amount determined for that work which is completed and
approved. If needed, the reduced security may be required to remain
in effect for one year after the date of issuance of the permanent
certificate of occupancy, unless required to be extended further as
provided for in the following section.
B.
In no event shall a certificate of occupancy be issued
until all improvements shown on the site plan are installed or a sufficient
performance guaranty has been posted for improvements not yet completed.
The sufficiency of such performance guaranty shall be determined by
the Department of Public Works after consultation with the Building
Inspector/Code Enforcement Officer, Town Engineer or other competent
persons.
C.
Compliance with Board requirements subsequent to issuance
of permanent certificate of occupancy; penalties for noncompliance.
(1)
It is the intent of this subsection that compliance
with all Board-approved special conditions shall be required. In that
regard, this subsection shall be applicable to all site plan requirements
set by the Planning Board (PB), to all special conditions attached
to a variance by the Zoning Board of Appeals (ZBA) and to all special
conditions attached to a special use permit. In the following subsections
of this section, the term "Board" shall mean either the Planning Board
or the Zoning Board of Appeals, and the term "special conditions"
shall mean either a site plan, variance or special use permit, as
appropriate.
(2)
The Town shall, at all times, have the right to reinspect
the premises if any Building Inspector has reason to believe the site
is, not in compliance, either by personal observation or a report
from a Town official or Board member or upon the receipt of a signed,
written complaint alleging that the site is not in compliance and
detailing the manner in which the compliance is lacking.
(3)
Upon receipt of an application for site plan approval,
variance or special use permit, the Department of Public Works may
review any and all conditions of a prior approval on said site, as
well as the conditions of a prior approval on any other site previously
sought by the applicant or any party related in any manner to the
applicant, and shall have the premises of all those sites inspected
to determine whether said site is in compliance with those approved
conditions. If the site is found not to be in compliance, then the
applicant shall be so advised in writing and no new application for
any site plan approval, variance or special use permit shall be entertained
or deemed complete until the violation has been corrected. If the
violation is not correctable (i.e., removal of existing trees that
were required to be protected), then the applicant will appear before
the appropriate Board to determine what mitigation will be acceptable,
and upon completion thereof, the present application shall be entertained.
(4)
If, at any time subsequent to the issuance of a permanent certificate of occupancy, the Department of Public Works or Building Inspector finds that any conditions of a Board approval have been violated, the owner and/or occupant shall be issued a notice of violation in writing (in the same manner as provided for in § 265-14 regarding Property Maintenance) and given 30 days either to bring the site into compliance or to appear before the appropriate Board to determine mitigation and/or secure a time extension, if required. If the owner/occupant elects to appear before the appropriate Board, then the Building Inspector shall issue a revised notice of violation based on the determinations made by the Board.
(5)
If, after having received a notice of violation (or a revised notice of violation), the owner fails to correct the violation within the time period stated therein, then the Board will have the authority to take action as provided for in § 265-15, and the penalties for an offense may include any or all of the following:
(a)
Any person or persons, association, firm or
corporation which shall be found in violation shall be guilty of an
offense and shall be punishable by a minimum fine of $1,000, not more
than $25,000, or imprisonment for not more than 15 days, or both.
Each day that a violation continues, after notification in writing
by personal delivery or first-class and certified mail, to the sender,
shall be deemed a separate offense.
[Amended 6-12-2013 by L.L. No. 7-2013]
(b)
The cost of cleanup of the property shall be
assessed as a lien against the property taxes.
(c)
An administrative fee of $500 per incident of
noncompliance will be assessed.
[Amended 6-12-2013 by L.L. No. 7-2013]
[Amended 7-9-2003 by L.L. No. 9-2003]
The Building Inspector/Code Enforcement Officer
shall be responsible for the overall inspection of site improvements,
including coordination with the Town Engineer and other officials
and agencies, as appropriate.
[Amended 7-9-2003 by L.L. No. 9-2003]
Whenever the particular circumstances of a proposed
development require compliance with either the special use procedure
in this zoning chapter or the requirements of the Town land subdivision
regulations[1] the Planning Board shall attempt to integrate as appropriate,
site plan review as required by this article with the procedural and
submission requirements for such other compliance.
[Added 12-9-1992 by L.L. No. 37-1992; amended 8-8-2007 by L.L. No. 9-2007; 2-25-2009 by L.L. No.
1-2009]
A.
Except as noted below, all site plan applications shall be accompanied by a fee as affixed by the Rotterdam Town Board and designated in Chapter 126 of the Town Code, entitled "Fees."
(1)
There shall be no fee required to accompany
a site plan approval application for any person, firm, corporation,
association or partnership that has as the primary purpose of said
application to install "green" energy production on improved property
or if said application contains the construction or implementation
of at least 10% of "green" energy production for the proposed site
plan for any new construction. For purposes of this subsection, "green
energy production" shall include but is not limited to power obtained
through wind, solar, geothermal, hydroelectric, and/or solar voltaic
(electric).
B.
Administrative fees. The costs incurred for the review
of a site plan application by the Town Engineer, for consulting engineering
fees or other consulting fees in conjunction with the Planning Board's
review for a proposed application, including reviews required under
the New York State Environmental Quality Review Act,[1] shall be charged to the applicant. The Planning Board
shall obtain an estimate from any designated consultant for an amount
sufficient to defray the costs of such services. The applicant shall
enter into an escrow agreement with the Town of Rotterdam Planning
Board, and said agreement shall be executed by the Rotterdam Planning
Board Chairman, upon authorization from the Rotterdam Planning Board.
The Rotterdam Planning Board Attorney shall prescribe the terms and
appropriate form of the escrow agreement. Any portion of the estimated
charges so collected by escrow agreement which is not expended by
the Town shall be returned to the applicant.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
