The intent of this section is to set forth additional
general standards applying to certain uses and activities. The nature
of these uses and activities require special consideration of their
impacts upon surrounding properties, the environment, community character
and the ability of the Town to accommodate development consistent
with the objectives of this chapter.
All applications for zoning permits, zoning
variances, or special use permits, except those for one- and two-family
dwellings, their permitted accessory uses, any addition to a single-family
dwelling, or general farming uses, shall be accompanied by a site
plan. No zoning permit shall be issued until all the requirements
of this article and all other applicable provisions of the chapter
have been met.
A.
A preapplication conference may be held between the
Planning Board and applicant to review the basic site design concept
and to determine the information to be submitted with the site plan.
B.
Each application for a building permit, variance or
special use permit for any structure, building or use other than one-
or two-family dwelling, their permitted accessory use, any addition
to a single-family dwelling or general farming use, shall be referred
to the Town Planning Board for site plan review. The application shall
be made to the Planning Board by filing it with the Code Enforcement
Officer. The Code Enforcement Officer shall present it to the Planning
Board at their next regularly scheduled meeting. The applicant may
wish to attend the Planning Board meeting to answer questions concerning
the application.
C.
Within 62 days of receipt of the application or 60
days in cases when the application shall be referred to the County
Planning Board, the Planning Board shall render a decision to approve,
approve with conditions, or deny the site plan, and shall forward
the decision to the Code Enforcement Officer. Any extension of this
sixty-two-day period may be granted upon consent of both the applicant
and the Town Planning Board. If the Planning Board fails to act within
the sixty-two-day period or the extension period that has been granted,
the site plan shall be considered approved.
D.
A full written record of the Planning Board minutes
and decisions together with all documents pertaining to the case shall
be filed in the office of the Town Clerk and shall be mailed to the
applicant.
An application for site plan approval shall
be made in writing to the Code Enforcement Officer and shall be accompanied
by information drawn from the following checklist. The Planning Board
may require additional information, if necessary, to complete its
review.
A.
Plan checklist for all site plans:
(1)
Title of drawing, including name and address of applicant
and person responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Boundaries of the property plotted to scale.
(4)
Existing watercourses and bodies of water.
(5)
Location of any slopes of 5% or greater.
(6)
Existing and proposed grading and drainage.
(7)
Location, proposed use, and height of all buildings
and site improvements including culverts, drains, retaining walls
and fences.
(8)
Location, design and construction materials of all
parking and truck loading areas, showing points of entry and exit
from the site.
(9)
Location of outdoor storage, if any.
(10)
Description of the method of sewage disposal
and location of the facilities.
(11)
Identification of water source; if well, locate
on drawing.
(12)
Location, size and design and construction materials
of all proposed signs.
(13)
Location and proposed development of all buffer
areas, including existing vegetation cover.
(14)
Location and design of outdoor lighting facilities.
(15)
General landscaping plan.
(16)
Copy of property deed and a listing of all deed
restrictions.
B.
As necessary, the Planning Board may require the following:
The Planning Board's review of the site plan
shall include, as appropriate, the following:
A.
General considerations:
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, pavement surfaces,
dividers and traffic controls. This includes the maximum feasible
redesign of private roads to conform to existing public access and
rights-of-way.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Location, arrangement, size, design and general site
compatibility of buildings, lighting and signs. No use shall be undertaken
which eliminates or substantially reduces a significant view or vista
from an existing property due to height, bulk or orientation of structure.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
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 feasible
retention of existing vegetation.
(8)
In the case of an apartment complex or other multiple
dwelling, the adequacy of usable open space for play areas and informal
recreation.
(9)
Protection of adjacent or neighboring properties against
noise, glare, unsightliness or nuisances.
(10)
Protection of solar access on adjacent or neighboring
properties.
(11)
Adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
(12)
Adequacy of on-site refuse storage, including
appropriate screening and rodent control measures.
(13)
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(14)
Special attention to the productive use and
access with "backlot" areas, indicating present and future intended
uses.
(15)
Consistency with the general intent of the Town's
Comprehensive Plan.
B.
Consultant review. The Planning Board may consult
with the Town Code Enforcement Officer, Fire Commissioners, Highway
Departments, County Planning Department, and other local county officials,
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 Environmental Conservation.
C.
Optional public hearing. The Planning Board may conduct
a public hearing of the site plan. If a public hearing is considered
desirable by a majority of the Planning Board, such public hearing
shall be conducted within 62 days of the receipt of the complete application
and shall be advertised in the official newspaper of the Town at least
10 days before the public hearing. If a public hearing is held, a
decision on the site plan shall be rendered within 62 days after the
public hearing.
D.
Additional public notice. If the Planning Board determines
that a public hearing shall be held, the applicant shall place one
sign on the property for site plan review is requested. Said sign
shall be provided by the Code Enforcement Officer. The sign shall
be placed in a location which is easily read from a public street.
The sign shall specify the date, time and place of the public hearing
and a telephone number to call for more specific information. Such
sign shall be placed on the site not less than five days prior to
the public hearing and shall be brought to the hearing by the applicant
or his designated representative.
E.
Action on site plan.
(2)
If the Planning Board grants final approval of the
site plan, the Planning Board shall direct the Planning Board Chairman
to endorse its approval on the original Mylar and one copy of the
final site plan. Once signed, the Planning Board shall forward the
Mylar and site plan to the CEO. The CEO shall issue a zoning permit
to the applicant if the project conforms with all other applicable
requirements and permits.
(3)
If the Planning Board disapproves the site plan, the
Planning Board shall so inform the CEO and the applicant. The Code
Enforcement Officer shall deny a zoning permit to the applicant. The
Planning Board shall also notify the applicant in writing of its decision
and its reasons for disapproval. A copy of the appropriate minutes
may suffice for this notice.
(4)
If the Planning Board conditionally approves the site
plan, the site plan initially submitted shall be considered to be
the preliminary site plan, and the applicant may prepare his final
detailed site plan and submit it to the Planning Board for approval.
If more than six months has elapsed between the time of the Planning
Board's report on the preliminary site plan and the submission of
the final site plan, and if the Planning Board finds that conditions
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 accepting the proposed final site plan
for review.
A.
The final detailed site plan shall conform substantially
to the preliminary site plan that has received conditional (preliminary)
site approval. It should incorporate any revisions or other features
that may have been recommended by the Planning Board during the preliminary
review. All such compliances shall be dearly indicated by the applicant
on the appropriate submission.
B.
The following additional information shall accompany
an application for final site plan approval:
(1)
Detailed sizing and final material specification of
all required improvements.
(2)
An estimated project construction schedule.
(3)
A detailed plan identifying all lands, easements and
rights-of-way which shall be commonly owned with the identification
of the association responsible for said ownership, the method of managing
commonly owned properties and requiring that the officers of said
association shall be identified to the CEO in writing on an annual
basis.
(4)
Information specifying the materials to be used and
information as to the character of the exterior design.
A.
Within 62 days of the receipt of a complete application
for final site plan approval, the Planning Board shall render a decision
to the applicant and the CEO.
B.
Upon approval by all involved agencies, an application
for final site plan approval by the Planning Board shall direct the
Planning Board Chairman to endorse its approval on the original Mylar
and one copy of the final site plan. Once signed, the Planning Board
shall forward the Mylar and site plan to the CEO. The CEO shall issue
a zoning permit to the applicant if the project conforms with all
other applicable requirements and permits.
C.
Upon disapproving an application for a final site
plan, the Planning Board shall so inform the CEO and the applicant.
The Code Enforcement Officer shall deny a zoning permit to the applicant.
The Planning Board shall also notify the applicant in writing of its
decision and its reasons for disapproval. A copy of the appropriate
minutes may suffice for this notice.
A.
Expiration of site plan approval. Such site plan approval
shall automatically terminate one year after the same is granted unless
significant work has been done on the project.
B.
Reimbursable costs. Reasonable costs incurred by the
Town for consultation fees or other extraordinary expenses associated
with the review of a proposed site plan shall be charged to the applicant
in accordance with the fee schedule.
C.
Performance guarantee. No zoning permit shall be issued
until all improvements shown on the site plan are installed or a sufficient
performance guarantee, approved by the Planning Board, has been posted
for improvements. The sufficiency of such performance guarantee shall
be determined by the Planning Board after consultation with the CEO,
Town Engineer, Planning Board and Town Attorney.
D.
Inspection of improvements and development. The CEO
shall be responsible for the overall inspection of site improvements,
including coordination with the Town officials and agencies, as appropriate.
No certificate of occupancy shall be granted prior to a final inspection
and determination of conformity to the site plan and New York State
Building Code.
E.
Integration of site plan approval procedure with other
Planning Board approvals. Whenever the particular circumstances of
a proposed development require compliance with either the special
use permit procedures or other requirements of this chapter, the Planning
Board shall attempt to integrate, as appropriate, site plan review
as required by this section with the procedural and submission requirements
for such other compliances. In any case, all state permits and local
land use control approvals shall be procured prior to the issuance
of a buildings permit for a development project.
F.
Conflicts. If any conflicts exist between this site
plan review procedure and other land use controls of the Town, this
section shall apply.
