The intent of the site plan review process is
to ensure the orderly and safe arrangement, layout, and design of
a proposed project.
In accordance with Town Law § 274-a, the
Town of Corinth Planning Board is hereby authorized to review and
approve, approve with qualifications or modifications, or disapprove
plans for new land use activities within the Town as hereinafter designated
pursuant to and in accordance with the standards and procedures set
forth in this chapter.
All land use activities which meet one or more
of the criteria below shall, prior to the issuance of a building permit
or certificate of use or occupancy, receive site plan approval from
the Planning Board, pursuant to the procedures and standards of this
article.
The review of site plans is divided into three
phases: presubmission conference (optional), preliminary application,
and final application.
A.
Presubmission conference (optional).
(1)
The Code Enforcement Officer shall refer the prospective
developer to the Secretary of the Planning Board, who shall schedule
a presubmission conference for the next regularly scheduled Planning
Board meeting. The purpose of the presubmission conference is to give
the Planning Board and the applicant an opportunity to discuss the
project before the applicant commits significant outlays of time and
money.
(2)
At the presubmission conference the applicant shall
provide the Planning Board with basic data regarding the proposal.
At a minimum, the applicant shall provide:
B.
Preliminary application for site review.
(1)
Seven copies of a preliminary site plan application
shall be made in writing to the Planning Board. Scale of the site
plan shall be one inch equals 50 feet or, in the case of large lots,
as appropriate for the lot size and approved by the Planning Board.
The preliminary application shall be accompanied by a fee as determined
by the Town Board and posted in the Town Hall.
(2)
The application shall be accompanied by the information
listed below as determined necessary by the Planning Board. The Planning
Board may require any or all of the following items, as it determines
appropriate for the nature and scale of the proposed project. The
presubmission conference may be used to determine the application
requirements. A licensed professional engineer, architect or land
surveyor shall prepare the preliminary site plan, unless waived by
the Planning Board.
(a)
Title of drawing, date, North arrow, scale,
name and address of applicant, and person responsible for the preparation
of such drawing;
(b)
Boundaries of the property plotted to scale;
(c)
Existing watercourses, wetlands, FEMA floodplains,
landscaping and vegetative cover;
(d)
Grading and drainage plan showing existing and
proposed contours with intervals of five feet or less;
(e)
Location, use and height of all existing and
proposed buildings;
(f)
All existing and proposed means of vehicular
ingress and egress to and from the site from and onto public streets;
(g)
Design and construction materials of all parking
and truck loading areas;
(h)
Provision for pedestrian access;
(i)
Location of outdoor storage, if any;
(j)
Location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences;
(k)
Description of the method of sewage disposal
and location design and construction materials of such facilities;
(l)
Description of the method of securing water
and location, design and construction materials of such facilities;
(m)
Location of fire and other emergency zones,
including the location of fire hydrants;
(n)
Location, size, design and construction materials
of all proposed signage;
(o)
The proposed location, direction, power and
hours of operation of proposed outdoor lighting;
(p)
Designation of the amount of building area proposed
for each use;
(q)
Landscaping plan and planting schedule;
(r)
Location and proposed development of all buffer
areas, including indication of existing vegetative cover;
(s)
Other elements integral to the proposed development
as considered necessary by the Planning Board, including identification
of any required county, state or federal permits; and
(t)
Completed Environmental Assessment Short Form
or Part I of the Long Form, if necessary.
(3)
In reviewing site plans, the Planning Board shall
give consideration to the health, safety, and welfare of the public
in general, and the residents or users of the proposed development
and of the immediate neighborhood in particular. More specifically,
the Planning Board shall ensure:
(a)
The adequacy and arrangement of access and circulation,
including but not limited to road widths, grade, alignment, sight
distance, location, surfaces, traffic control, walkways, and pedestrian
convenience;
(b)
The compatibility of the buildings, lights and
signs in terms of location, arrangement, size and design;
(c)
The adequacy of stormwater and drainage facilities
in preventing flooding, erosion, and improper obstruction of drainageways;
(d)
The adequacy of water supply and sewage disposal
facilities;
(e)
The adequacy, type and arrangement of trees,
shrubs and other landscaping;
(f)
The retention of existing trees, wooded areas,
watercourses and other natural features to the maximum extent possible;
(g)
The protection of adjacent or neighboring properties
against noise, glare, dust, air pollution, unsightliness or other
objectionable features;
(h)
The adequacy of fire lanes and other emergency
zones, and the provision of fire hydrants;
(i)
The adequacy of exterior storage and parking
and loading areas and their screening at all seasons of the year from
the view of adjacent residential lots and streets.
C.
Consultants. The Planning Board shall consult with
those officials or consultants it believes necessary to provide a
sound review of the proposal. The Board may charge a fee to the project
applicant for the cost of such review, provided that the fee charged
reflects the actual cost of the assistance to the Planning Board.
D.
Referral to the County Planning Board. Prior to taking
action on the preliminary site plan application, if applicable, the
Planning Board shall refer a copy of the application to the Saratoga
County Planning Board for its review in accordance with § 239-m
of the General Municipal Law. No action shall be taken by the Planning
Board on such application until an advisory recommendation has been
received from the County Planning Board or 30 calendar days have lapsed
since the County Planning Board received such full statements. Applicable
uses include any site plan within 500 feet of:
(1)
The boundary of any city, village, or town;
(2)
Any existing or proposed county or state park or other
recreation area;
(3)
The right-of-way of any existing or proposed county
or state parkway, thruway, expressway, road or highway;
(4)
The existing or proposed right-of-way of any stream
or drainage channel owned by the county or for which the county has
established channel lines; and
(5)
The existing or proposed boundary of any county- or
state-owned land on which a public building or institution is situated.
E.
Compliance with the State Environmental Quality Review
Act. The Planning Board shall comply with the requirements of the
State Environmental Quality Review Act (SEQRA) in reviewing the proposal.
If the time schedule for SEQRA is different, the schedule should be
modified for SEQRA for projects that are subject to an environmental
impact statement.
F.
Planning Board action on preliminary site plan application.
(1)
Within 62 days of the receipt of a completed application
for preliminary site plan review, the Planning Board may hold a public
hearing on the preliminary site plan if it determines such action
would be in the public interest. Within 62 days of the public hearing,
or 62 days of receipt of an application if no public hearing is held,
the Planning Board shall approve, disapprove or approve with modifications
the preliminary site plan application. The Planning Board's action
shall be in the form of a written statement to the applicant. Nothing
herein shall be interpreted as stating a public hearing is required.
(2)
The Planning Board's statement may include recommendations
of desirable modifications to be incorporated in the final site plan
application, of which conformance with said modifications shall be
considered a condition of approval. If the preliminary site plan application
is disapproved, the Planning Board's statement shall contain the reasons
for such findings. In such a case, the Planning Board may recommend
further study of the site plan and submission to the Planning Board
after it has been revised or redesigned.
A.
After receiving approval, with or without modifications,
of the preliminary site plan application, the applicant shall submit
a final site plan to the Planning Board for approval. The final site
plan shall conform substantially to the approved preliminary site
plan and shall include any modifications that were required as a result
of the preliminary site plan review.
B.
Within 62 days of the receipt of the final site plan
application, the Planning Board shall approve or disapprove the final
site plan application. Seven copies of the final site plan application
are required. A licensed professional engineer, architect or land
surveyor shall prepare the final site plan, unless waived by the Planning
Board.
C.
Upon approval of the final site plan, the Planning
Board shall endorse its approval on four copies of the final site
plan and shall forward one copy to the Code Enforcement Officer and
provide two copies to the applicant. The Planning Board will retain
one copy, and the applicant is responsible for sending the other copy
to the Saratoga County Planning Board. Upon disapproval of a final
site plan, the Planning Board shall notify the applicant in writing
of its decision and its reasons for disapproval.
If the preliminary site plan is approved without
modifications, the final site plan application may be waived by the
Planning Board.
No certificate of occupancy shall be issued
until all improvements shown on the site plan are installed or a sufficient
performance guarantee has been posted for improvements not yet completed.
Such performance guarantee shall be posted in accordance with the
procedures specified in § 277 of the Town Law relating to subdivisions.
The amount and sufficiency of such performance guarantee shall be
determined by the Planning Board after consultation with the Town
Attorney, the Code Enforcement Officer, other local officials or its
designated consultants.
Any person aggrieved by a decision of the Planning
Board may apply to the Supreme Court for a review by a proceeding
under Article 78 of the Civil Practice Law and Rules. Such proceedings
shall be instituted within 30 days after the filing of a decision
by such Board in the office of the Town Clerk.
