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:
A. The full conformance of the site plan with the standards and requirements of this chapter, the subdivision code and other applicable local laws and ordinances.
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.
[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.
[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 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, 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.