[Amended 3-11-2010 by L.L. No. 12-2010; 10-9-2014 by L.L. No.
5-2014]
Within six calendar months of the sketch plan
conference, a complete application for site plan approval shall be
made in writing to the Planning Board not less than 21 days prior
to a regularly-scheduled meeting and shall be accompanied by not less
than 14 copies, consisting of three full-scale prints and 11 half-scale
prints, and a portable document format (PDF) file of a site plan which
includes information from the following checklist of items, as determined
necessary by the Planning Board at the time of the sketch plan conference,
and which is provided on a drawing certified by appropriate licensed
design professionals, in compliance with the professional licensing
requirements administered by the New York State Education Department:
A. Site plan checklist.
(1) Title of drawing, including the names and addresses
of the applicant and the person(s) responsible for the preparation
of such drawing and a signature block for the Planning Board's endorsement
of its approval of the site plan and, if applicable, the Dutchess
County Health Department's endorsement of its approval of the water
supply and sanitary sewage facilities depicted thereon.
(2) North arrow, scale and date, with the scale to be
not less than one inch equals 40 feet.
(3) An area map keyed to the Real Property Tax Maps, showing
the parcel under consideration for site plan review and all properties,
subdivisions, streets and easements within 200 feet of the boundaries
thereof.
(4) Accurate boundaries of the property plotted to scale,
including reference to the specific data source.
(5) The names of all owners of record of lands adjacent
to or directly opposite the applicant's property, i.e., on the other
side of an adjoining street or roadway.
(6) The location of structures, uses and facilities on
adjacent properties within 100 feet of the subject property line.
(7) Existing watercourses, wetlands and floodplains, including
reference to specific data source.
(8) The location and boundaries of other pertinent natural
features that may influence the design of the proposed use such as
soil types, rock outcrops, existing vegetative cover and either specimen
trees or substantial tree masses which may be located within that
portion of the site to be prepared for development.
(9) Grading and drainage plan, showing existing and proposed
contours at an appropriate interval to be specified by the Planning
Board at the sketch plan conference, with minimum two-foot contour
intervals and related soils data generally required on that portion
of any site proposed for development or where general site grades
exceed 5% or there may be susceptibility to erosion, flooding or ponding.
A calculation of the extent of cut and fill shall accompany the grading
plan, and an erosion and sediment control plan shall also be provided
in accordance with the requirements of the Dutchess County Soil and
Water Conservation District's Soil Erosion and Sediment Control Guidebook.
(10)
The location, dimension, proposed use and height
of all buildings, both existing and proposed.
(11)
Both the location, design and construction materials
of all parking and loading areas, including their access and egress
drives, and a clear diagram depicting all traffic patterns on the
site.
(12)
Provision for pedestrian access both within
and, if applicable, beyond the project site.
(13)
The location of outdoor storage for equipment
and materials, if any, and the location, type and design of all solid
waste-related facilities, including dumpsters and recycling bins.
(14)
The location, design and construction materials
of all existing or proposed site improvements, including but not limited
to drains, culverts, retaining walls, fences and pedestrian amenities,
such as benches and bicycle racks.
(15)
A description of the means for sewage disposal
and the location, design and construction materials of such facilities.
(16)
A description of the water supply and the location,
design and construction materials of such facilities.
(17)
The location of fire and other emergency zones,
including the location of fire hydrants, if any, or the nearest alternative
water supply for fire emergencies.
(18)
The location, design and construction materials
of franchise and other energy distribution and communications facilities,
including electrical, gas and solar energy, and telephone, cable television,
satellite and other communications.
(19)
The location, type, size and design of all proposed
signage, including associated lighting, if any.
(20)
The location and proposed development of all
buffer and required setback areas, including indication of both existing
vegetative cover and that portion that will be preserved.
(21)
The location, type and design of all outdoor
lighting facilities, whether freestanding or building-mounted, including
catalog cuts and data regarding lumen output and related lighting
levels both within the site and at the site's boundaries.
(22)
Building plans designating the amount of building
area proposed for retail sales, office use or similar business or
commercial activity, including information regarding any proposed
division of buildings into smaller units for separate occupancy or
tenancy, with such information to be in sufficient detail to permit
minimum off-street parking and other zoning requirements to be calculated.
(23)
A detailed landscaping plan and planting schedule, consistent with the requirements therefor set forth at Article
V, §
210-37, of this chapter including but not limited the number, size, caliper, type and location of all canopy trees or understory trees, shrubs and ground covers to be planted.
(24)
Building elevations and sections at a scale
sufficient to delineate clearly the massing and the exterior materials,
textures and colors of all buildings and other structures shown on
the site plan, such data to be complemented by catalog cuts and/or
material samples, as may be appropriate.
(25) Stormwater pollution prevention plan (SWPPP) pursuant to NYSDEC and
EPA Phase II Stormwater Regulations and Town Code Chapter 122, Erosion
and Sediment Control, and consistent with the submission requirements
and the performance and design criteria and standards set forth therein.
(26)
Other elements integral to the proposed development
as considered necessary by the Planning Board, including a proposed
development schedule and the identification of any federal, state
or county permits required for the project's execution.
B. Required fee. A complete application for site plan
review and approval shall include the applicable fee and escrow deposit
in accordance with the fee schedule established and annually reviewed
by the Town Board.
C. Environmental assessment form (EAF). A complete application
for site plan review and approval shall also include either a short
or full environmental assessment form (EAF) as required by the Planning
Board pursuant to SEQRA, Article 8 of the Environmental Conservation
Law, and Title 6, Part 617, NYCRR.
D. Agricultural
Data Statement. If the parcel which is the subject of the application
lies partially, wholly or within 500 feet of either a certified agricultural
district or land for which an individual commitment has been received
pursuant to §§ 305 and 306 of the Agriculture and Markets
Law of the State of New York, a complete application for site plan
review and approval shall also include an agricultural data statement
in a form prescribed by the Planning Board.
E. Number of copies. Not fewer than 14 copies of the
complete site plan application, including all accompanying reports
and drawings and the environmental assessment form, shall be provided
to permit the Planning Board to initiate its formal review of the
site plan application. Additional copies may be required due to review
and referral requirements set forth in the Town Law, the General Municipal
Law or the Environmental Conservation Law. To the extent practicable,
submission of a portable document format (PDF) file of not only the
drawings but also all other documents supporting the submission is
requested.
Planning Board review procedure. The Planning
Board shall review and act on all applications for site plan approval
in accordance with the standards and procedure specified herein:
A. Planning Board review. The Planning Board's review
of a site plan shall include the following considerations:
(1) Whether the applicant has applied to the intended project to the extent deemed reasonable and practicable by the Planning Board the site plan review criteria set forth in the aforesaid Article
VII, §
210-64, of this chapter, including consideration of the design guidelines and various supplementary regulations referenced herein.
(2) Whether the applicant has suitably addressed the below
technical criteria:
(a)
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, turning lanes, dividers and other traffic controls.
(b)
Adequacy and arrangement of pedestrian traffic
access and circulation, walkways, control of intersections with vehicular
traffic and overall pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency
of off-street parking and loading facilities.
(d)
Location, arrangement, size, design and general
site compatibility of principal and accessory buildings, lighting
and signage.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal
facilities.
(g)
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or noise deterring
buffer between the applicant's lands and adjoining lands, including
concern for the maximum practicable retention of existing vegetation.
(h)
In the case of a multifamily dwelling or dwellings,
the adequacy of open space areas for play and informal recreation.
(i)
Protection of adjacent or neighboring properties
against noise, glare, unsightliness or other objectionable features.
(j)
Adequacy of fire lanes and other emergency zones
and water supply for fire emergencies.
(k)
Special attention to the adequacy of structures,
roadways and landscaping in areas where susceptibility to ponding,
flooding and/or erosion or in the vicinity of wetlands or similar
natural features.
(l)
Compatibility of building design and the design
of all visible site appurtenances with existing characteristics of
the neighborhood and appropriateness to the rural character of the
Town of Union Vale, including consideration of nearby properties recognized
locally as historic or architecturally significant.
B. Public notice and hearing.
(1) The Planning Board shall within 62 calendar days of the receipt of a complete application, as set forth in §
210-63 of this article and chapter, conduct a public hearing on any such application for site plan approval. The Planning Board shall provide a copy of the notice to the applicant, at which hearing the applicant shall appear in person or by agent to present his intended project to the public.
(2) The Board shall additionally provide notice as follows:
(a)
By publishing at least five calendar days prior
to the date thereof a legal notice in the official newspaper of the
Town.
(b)
By requiring the Clerk to provide notice of
the public hearing and data regarding the substance of the application
by certified mail, return receipt requested, to the owners of all
property abutting that held by the applicant and all other owners
within 200 feet of the land involved in the application. Notice shall
be mailed at least 10 calendar days prior to the hearing, with compliance
with the notification procedure certified to by the Clerk or other
designated Town employee. The Town shall charge the applicant either
a flat rate or a stated amount per notice for satisfying this requirement.
[1]
The names and addresses notified shall be taken
as such appear on the last completed tax roll of the Town.
[2]
Provided that there has been substantial compliance
with these provisions, the failure to give individual notice in exact
conformance herewith shall not be deemed to invalidate an action taken
by the Planning Board in connection with approving or disapproving
an application for site plan approval.
(c) Posting a conspicuous sign on its road frontage indicating the parcel
is the subject of a pending proceeding before the Planning Board for
a period of not less than five calendar days prior to the public hearing
and in such manner as otherwise specified by the Planning Board at
the time of acceptance of the application for site plan approval.
[Added 3-11-2010 by L.L. No. 12-2010]
(3) If the land involved in the application lies within
500 feet of the boundary of any other municipality, the Clerk of the
Planning Board shall also mail at least five calendar days prior to
the public hearing to the municipal clerk of such other municipality
or municipalities a copy of the notice of the substance of every application,
together with a copy of the official notice of public hearing.
C. Consultant review. In its review of an application
for site plan approval, the Planning Board may consult with the Town
Code Enforcement Officer and/or Deputy Code Enforcement Official,
the Conservation Advisory Council, the Design Review Committee, the
agency of highway jurisdiction, i.e., the Town Superintendent of Highways,
the Dutchess County Department of Public Works and/or the New York
State Department of Transportation, the Dutchess County Health Department,
other local and county officials and its designated private planning,
legal and engineering consultants, in addition to representatives
of other state or federal agencies, including but not limited to the
New York State Departments of Health and Environmental Conservation,
the New York State Office for Parks, Recreation and Historic Preservation,
and the U.S. Army Corps of Engineers.
[Amended 3-11-2010 by L.L. No. 12-2010]
D. Required referral. A full statement of any application
for site plan approval that meets the referral requirements of §§ 239-l
and 239-m of the General Municipal Law shall also be referred prior
to the public hearing to the Dutchess County Department of Planning
for its review. The Planning Board shall take no action on such application
until an advisory recommendation has been received from the County
Department of Planning or 30 calendar days have elapsed since the
Department received such full statement. In the event the Dutchess
County Department of Planning recommends disapproval or recommends
modification thereof, the Planning Board shall not act contrary to
such recommendation except by a vote of a majority plus one of all
members adopting a resolution fully setting forth the reasons for
the contrary action. Within seven calendar days after such final action,
the Planning Board shall file a report of the final action it has
taken with the County Department of Planning.
E. Waiver of requirements. The Planning Board may waive any specific requirements set forth in earlier §
210-63 or later §
210-66A of this article for the approval, approval with modifications or disapproval of a site plan submitted for approval. The grant of such waiver shall be accompanied by a finding that compliance with the requirement is either not requisite in the interest of the public health, safety and general welfare or inappropriate to the particular site plan. The finding shall also be supported by a determination under SEQRA that the grant of such waiver will not cause any significant adverse environmental effect that would have been avoided or more fully mitigated were there compliance with the specific requirement.
F. Decisions.
(1) Within 62 calendar days of the close of a public hearing,
the Planning Board shall act on the application for site plan approval.
The Planning Board's action shall be by resolution approving, disapproving
or approving with modifications the application for site plan approval.
A copy of the resolution shall be filed in the office of the Town
Clerk within five business days thereof. Certified copies shall also
be sent to the applicant and the Town Code Enforcement Officer.
(2) A resolution of either approval or approval with modifications shall include authorization to the Planning Board Chairperson to stamp and sign the site plan upon the applicant's compliance with the submission requirements for stamping set forth in §
210-66A below and any additional conditions and/or requirements stated within the resolution. If the Planning Board's resolution includes a requirement that modifications be incorporated in the site plan, explicit conformance with said modifications shall be considered a condition of approval.
(3) If the site plan is disapproved, the Planning Board's
resolution shall state specific reasons for such decision. In such
a case, the Planning Board may recommend further study of the site
plan and resubmission to the Planning Board after it has been revised
or redesigned.