A.
In accordance with Article III, § 210-10, District Schedule of Use Regulations, prior to the issuance of a building permit or a certificate of occupancy in any district, the Code Enforcement Officer shall require the preparation and approval of a site plan for each of the circumstances set forth below, except in the matter of a one-family dwelling and related accessory uses, including permitted home occupations, or agricultural and conservation uses permitted by right and not involving the clearing of more than five acres of land and/or the construction of any farm buildings or other structures in excess of 10,000 square feet in footprint.
[Amended 3-11-2010 by L.L. No. 12-2010]
(1)
A new principal or accessory building for which the
Town of Union Vale requires a building permit will be erected.
(2)
Expansion of an existing principal or accessory building
for which the Town of Union Vale requires a building permit will occur.
(4)
A change of the intensity of use, or the amount of
floor area devoted to that use, (e.g., creating a greater number of
dwelling units, increasing the amount of retail space or other floor
area available to customers, or providing additional seating in a
restaurant, tavern or place of public assembly) will occur so as to
require additional parking and examination of the sufficiency of water
supply, sanitary sewage disposal, and other arrangements.
(5)
A change will occur in the extent of the site devoted
to off-street parking, service or loading areas, outdoor storage (whether
open, partially-enclosed or wholly-enclosed), and similar features.
(6)
Site modifications will be undertaken to comply with
the requirements of the Dutchess County Health Department, the New
York State Department of Transportation, the New York State Department
of Environmental Conservation, or any other agency of jurisdiction.
(7)
Alterations will occur in principal site elements,
including but not limited to the location, number and configuration
of parking spaces; the location and configuration of egress and access
points; the location, height, type and intensity of outdoor lighting;
the location and treatment of site landscaping, including the extent
of the site devoted to lawns and open space and the location, type
and extent of landscape plant materials; the location, number, area
and/or design of any freestanding signs; and the location and height
of fences, walls and similar improvements.
(9)
As set forth within Town Code Chapter 111, Driveways, the installation of an individual or common driveway providing access to a residential dwelling or other habitable structure having any portion of the driveway greater than 12% in grade, but no greater than the maximum 15% in grade established therein, is proposed.
B.
The Code Enforcement Officer shall refer the applicant
to the Planning Board for applicant's conformance with the site plan
review and approval procedure in accordance with § 274-a
of the Town Law and the more specific submission requirements, design
criteria and review procedures set forth in this article.
A.
A sketch plan conference between the Planning Board
and applicant shall be held to initially review the basic site design
concept and to generally determine the extent of site plan review
necessary for the intended project and the minimum information to
be required on the Site Plan and in accompanying reports.
B.
At the sketch plan conference, the applicant shall
provide a written statement and/or sketch plan describing what is
proposed, including indication of all existing structures, other improvements
and uses, if any, on the site. The applicant should also provide an
area map keyed to the Dutchess County Real Property Tax Maps showing
the parcel under consideration for site plan review and all properties,
structures, subdivisions, streets and easements within 200 feet of
the boundaries thereof.
C.
At the sketch plan conference, the Planning Board
shall take one of the below three actions:
(1)
Administratively determine that the intended project
is limited in scope, with compatible land use, site and building design
characteristics, thus requiring no further review under this article
and chapter. Such determination shall be restricted to intended projects
involving exclusively the establishment of permitted uses within existing
complying structures or the limited modification of existing conforming
uses and complying structures, as determined by the Code Enforcement
Officer, wherein no substantial site improvements are either required
or proposed and where no existing violations of either this chapter
or other laws, rules and regulations governing building construction,
site development and/or the related occupancy of related buildings
and lands are present.
(2)
Administrative determinations.
(a)
Administratively determine that the intended project does require full review under this article, based upon the project's scope and/or land use, site and building design characteristics, and advise the applicant of the site plan submission requirements in accordance with the site plan checklist set forth in below § 210-63A of this article.
(b)
At this time, the Planning Board may waive one or more of the data requirements for site plan submission, as set forth on the checklist. The Planning Board may also require that the applicant seek pre-application input from one or more of the persons and agencies cited in § 210-65C of this article.
(c)
In such instance, the Planning Board shall additionally employ the sketch plan conference as an opportunity to review with the applicant both the site plan design criteria set forth within this article at § 210-64 and any complementary design guidelines which may be adopted by the Town Board upon recommendation of the Town's Design Review Committee and which shall be subsequently considered to be an integral part of this chapter.
(3)
Require additional sketch plan information prior to
making a determination regarding the applicability of the full site
plan review and approval procedure to the intended project.
[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.
(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.
A.
The following criteria and standards are complemented by the design guidelines, if any, referenced in § 210-62C of this article and are in combination intended to provide an overall framework on a Town-wide basis within which the site designer is free to exercise creativity, invention and innovation while recognizing the historic, scenic, visual and rural qualities inherent in the community.
B.
In the case of lands and structures within the Hamlet (H) District or the Environmental Resource Overlay (ER-O) and Scenic Corridor Overlay (SC-O) Districts, the site designer shall also be guided by the design criteria and principles set forth in Article V, §§ 210-46, 210-48 and 210-49, respectively, of this chapter.
(1)
Relationship of proposed development to the Town Master
Plan; the County Plan, Directions; and Greenway Connections.
(a)
Due attention by the applicant should be given
to the goals and objectives and the stated general land use policies
for the Town of Union Vale as set forth both in the Town Master Plan,
including consideration of the related policies set forth in the County
Plan, Directions, and Greenway Connections, and by this chapter and
the relationship of the proposed development to the specific area
of the Town in which it is located.
(b)
In the site plan and design, consideration should
be given to the use of traditional building forms and layouts which
are evidence of the distinctive historical development of the area
and, in particular, of any specially designated or recognized scenic,
historic or natural areas and properties within the vicinity of the
proposed development.
(2)
Relationship of buildings to site.
(a)
The site shall be planned to accomplish a desirable
transition with the streetscape or roadscape and to provide for adequate
planting, safe pedestrian movement and adequate parking areas.
(b)
Except as may be inappropriate to an historic
or traditional streetscape or roadscape characterized by a uniform
setback or front building line, site planning in which setbacks and
yards are varied and generally in excess of minimum zoning restrictions
is encouraged to provide a variation in relationship between buildings.
(c)
Parking shall, wherever possible, be located
to the rear or sides of buildings so as to not interfere with the
landscape treatment.
(d)
Without restricting the permissible limits of
the applicable zoning district, the height and scale of each building
shall be compatible with its site and existing and anticipated adjoining
buildings, to the extent that the existing buildings are considered
positive contributing structures to the neighborhood.
(e)
Newly installed franchise utility services and
service modifications necessitated by exterior modifications or building
expansion shall, to the extent practicable, be underground.
(f)
New structures shall be sited and located to
take advantage of solar access insofar as practical.
(3)
Relationship of buildings and site to surrounding
area.
(a)
Site plans proposed for nonresidential uses
either within or adjacent to a residential district shall be specifically
reviewed with regard to the impact of the development on the residential
district.
(b)
The Planning Board shall encourage the use of
a combination of common materials and architectural characteristics
(e.g., rhythm, color, texture, form or detailing), landscaping, buffers,
natural screens and other visual disruptions to create attractive
transitions between buildings of different architectural styles.
(4)
Landscape, buffering and site treatment.
(a)
Where possible, natural or existing topography
contributing to the beauty and character of a development shall be
preserved.
(b)
The design, materials and grades of walkways,
parking spaces, terraces and other paved areas shall provide an inviting
appearance.
(c)
Landscaped treatment shall be provided to enhance
architectural features, to strengthen vistas and visual corridors
and to provide shade.
(d)
Unity of design shall be achieved through repetition
of certain plant varieties and other materials and by coordination
with adjacent developments and existing natural areas.
(e)
Plant material shall be selected of interest
for its structure, texture and color and in consideration of its ultimate
growth pattern. Plants that are indigenous to the area and others
that will be hardy and harmonious to the design, exhibit a good appearance,
and be salt-tolerant where necessary, shall be used.
(f)
In locations where plants may be susceptible
to injury by pedestrian or vehicular traffic, the plant materials
should be protected by appropriate berms, curbs, tree guards or other
devices.
(g)
Parking areas and traffic ways shall be enhanced
with both perimeter landscaping and landscaped islands, where appropriate,
containing trees and tree groupings.
(h)
Screening of service yards, refuse containers
and other places that tend to be unsightly shall be accomplished by
use of berming, walls, fencing or planting, or combinations of these,
with any structural enclosure being compatible in material, texture
and color with the principal building or buildings on the site.
(i)
Landscaping shall be designed and maintained
so as to not create hazardous conditions related to traffic, police
or fire protection, or other factors.
(5)
Lighting.
(a)
Exterior lighting shall enhance the architectural
concept, the building design and the adjoining landscape. Lighting
standards and fixtures shall be of a design and size compatible with
the building and adjacent areas.
(b)
The number of light standards and the intensity
of lighting shall be appropriate to illuminate the location for safety
and security but shall not cause glare upon adjoining properties,
including public rights-of-way.
(c)
Lighting standards and fixtures shall be appropriate
to the design of structures and shall in combination not exceed 15
feet in height in a residential district or 20 feet in height in a
Commercial District except where these limitations may be modified
by the Planning Board upon its determination that the extraordinary
lighting requirements for a particular use require in the interest
of public health and safety the employ of combined lighting standards
and fixtures of greater height.
(6)
Building design.
(a)
Building design shall make appropriate recognition
of compatible building forms and scale indigenous to the community
and, in particular, the rural and historic character of the Town's
hamlets and farm properties.
(b)
Materials shall have good architectural character
and shall be selected for harmony with traditional building materials.
Wherever practicable, natural materials shall be used.
(c)
Building components, such as windows, rooflines,
doors, eaves and parapets, shall have well designed proportions, scale
and relationships to one another and be compatible with the rural
and historical character of the Town's hamlets and farm properties.
(d)
Mechanical equipment, such as air conditioners
and satellite dishes, or other utility hardware located on roofs,
the ground or buildings shall be screened from adjacent properties
and public view with materials harmonious with the building, specified
as to color so as to blend with their surroundings, or located so
as not to be visible from any public way or lands.
(e)
Franchise modern architecture typical of gasoline
station, convenience store, automobile service, fast-food restaurants
and similar establishments shall not be considered appropriate building
design within the Town of Union Vale.
(7)
Signs.
(b)
Every sign shall be designed as an integral
architectural element of the building and site to which it principally
relates.
(c)
The colors, materials and lighting of every
sign shall be restrained and shall be harmonious with the building
and the site to which it principally relates.
(d)
The number of graphic elements on a sign shall
be held to the minimum necessary to convey the sign's major message
and shall be composed in proportion to the area of the sign face.
(e)
Identification signs of a prototype design and
corporation logos shall be modified as necessary by the applicant
and project designer to conform to the criteria set forth within this
chapter for all signs within the Town of Union Vale.
(8)
Ecological considerations.
(a)
The proposal shall result in minimal degradation
of unique or irreplaceable land types and in minimum adverse impact
upon areas of environmental concern.
(b)
The proposal shall conform to the extent practicable
with the existing geological and topographic features, to the end
that the most appropriate use of the land is encouraged and excessive
site alteration and imposition of features inimical to rural character,
such as retaining walls, avoided.
(9)
Storm drainage.
(a)
The proposed development shall be so designed
as to provide for proper surface water management through a system
of controlled drainage that preserves existing drainage patterns and
protects other properties.
(b)
Wherever practicable, storm water management
techniques, including on-site detention, should be employed to both
address existing drainage problems, if any, and avoid an increase
in either the peak volume or rate of storm water discharge from the
project site in its post-development condition.
(c)
All drainage plans shall be reviewed and approved
by the Town Engineer.
(10)
Solid waste. Facilities to handle solid waste,
including compliance with recycling requirements, shall be easily
accessible, secure and properly screened.
(11)
Vehicular traffic.
(a)
All entrance and exit driveways shall be located
with due consideration for traffic flow so as to afford maximum safety
on public streets and shall meet all current design standards of the
appropriate state, county or Town authority, i.e., agency of jurisdiction,
unless specifically waived or modified by that authority.
(b)
On-site circulation shall be designed for ease
of use and to connect safely with adjoining properties via internal
service roadways and similar vehicular links where appropriate without
necessity of returning to the public street system, including consistency
with related recommendations discussed in the Town Master Plan.
(12)
Pedestrian and bicyclist circulation.
(a)
Pedestrian circulation shall be separated, to
the extent practicable, from vehicular circulation. Walkways shall
be provided on the site and on its approaches where deemed appropriate.
(b)
Proper provision shall be made for buildings
and associated site development that are accessible to and functional
for handicapped persons, such as by provision of walks and ramps of
suitable width and grade, curb cuts, signed and suitable dimensioned
parking spaces and ground level building entrances, as required by
the New York State Uniform Fire Prevention and Building Code and the
New York State Vehicle and Traffic Law.
(c)
Facilities shall be provided, where deemed applicable
by the Planning Board, for bicycle travel within the site and to adjacent
areas as well as for the short-term parking of bicycles.
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.
A.
Submission requirements for stamping. After receiving
site plan approval, with or without modifications, from the Planning
Board, the applicant shall within six calendar months submit six prints
and one reproducible Mylar of the site plan to the Planning Board
for stamping and signature by the Chairperson. The site plan submitted
for stamping shall conform strictly to the site plan approved by the
Planning Board except that it shall further incorporate any revisions
or modifications directed by the Planning Board and shall be accompanied
by the following information:
(1)
Record of application for and documentation of approval
status of all necessary permits, certifications, etc., from federal,
state and county agencies.
(2)
Detailed sizing and final material specification of
all improvements depicted on the site plan.
(3)
An estimated project construction schedule and, if
a performance guarantee has been deemed by the Planning Board to both
be authorized and required for all or some portion of the work, a
detailed site improvements' cost estimate reviewed and approved by
the Town Engineer.
B.
Effect of stamping by the Planning Board Chairperson.
Upon stamping and signature by the Chairperson, the Planning Board
shall forward a copy of the approved site plan to the Town's Code
Enforcement Officer and the applicant. The Code Enforcement Officer
may then issue a building permit and/or certificate of occupancy if
the project conforms to all other applicable requirements.
C.
Expiration of approval.
(1)
Planning Board approval of a site plan shall expire
if either of the following circumstances occurs:
(a)
The site plan is not submitted in approvable
form for stamping and signature by the Chairperson within six calendar
months of the Planning Board's resolution of site plan approval, with
or without modifications.
(b)
A complete application is not submitted within
six calendar months of the stamping and signing of the site plan by
the Chairperson to the Code Enforcement Officer for either a building
permit or certificate of occupancy
(2)
Upon written request to the Planning Board prior to
the date of such expiration, the time period for either submission
of the site plan or submission of the complete application for a building
permit or certificate of occupancy may be extended for a maximum period
of six calendar months from its otherwise specified termination date.
D.
Reimbursable costs. Reasonable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the application fee required above in § 210-63 of this article. Except where specifically authorized by the applicant, maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board.
E.
Performance guaranty. 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
all improvements not yet either completed or inspected and confirmed
as to their adequacy. Such performance guarantee shall be posted in
accordance with the same procedure as specified within § 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 Town Engineer,
other local officials, or any of the Planning Board's other designated
private consultants.
F.
Inspection of improvements. The Code Enforcement Officer
shall be responsible for the overall inspection of site improvements,
including coordination with the Town Engineer and other local officials
and agencies, as may be appropriate of multifamily residential, institutional,
commercial or other large-scale projects. Reasonable expenses incurred
by the Town for inspections by the Town Engineer, or other appropriate
professionals, shall in addition to costs associated with site plan
review, be reimbursed to the Town by the applicant in accordance with
the fee schedule established and annually reviewed by the Town Board.
G.
Integration of procedures. Whenever the particular circumstances of a proposed development require compliance with either another procedure under this chapter, such as special permit review and approval, the requirements of Chapter 192, Subdivision of Land, or the requirements of the State Environmental Quality Review Act, the Planning Board may integrate, if it deems appropriate, and to the extent of its authority under law, site plan review as required by this article with the procedural and/or submission requirements for such other compliance. Such integration of procedures may require, upon mutual written consent of the Planning Board and the applicant, reasonable modification of the time schedules otherwise stated in this article for consideration of an application for site plan approval or in the aforesaid related regulations or requirements.
H.
Relief from decisions. Any person or persons jointly
or severally aggrieved by any decision of the Planning Board on an
application for site plan approval may apply to the Supreme Court
of the State of New York for relief through a proceeding under Article
78 of the Civil Practice Law and Rules of the State of New York. Such
proceeding shall otherwise be governed by the specific provisions
of Article 78, but must be initiated as therein provided within 30
calendar days after the filing of the Board's decision in the office
of the Town Clerk.
