The purpose of site plan review is to provide
for the review and approval of development plans to ensure that land
development occurs in harmony with surrounding uses, without adversely
impacting neighboring parcels, property values, public facilities,
infrastructure or the natural environment.
A.
Before a building permit or certificate of occupancy
can be issued for any of the activities to which site plan review
applies, a site plan must be approved by the Planning Board and filed
with the official.
B.
The requirements of this section shall apply to uses
listed as requiring site plan review in Table 1, Table of Uses,[1] as well as to the following projects:
(1)
All expansions of existing commercial, industrial
or multifamily property which involve an increase in the gross floor
area of an existing structure by more than 20%, provided that such
expansion involves at least 1,000 square feet.
(2)
Any conversion of an existing residential structure
to a nonresidential use (except as required for the establishment
of a home occupation).
(3)
Any conversion of an existing nonresidential structure
into a residential structure containing three or more units.
(4)
Any modification to an existing residential structure
which increases the number of dwelling units in the building to three
or more units.
(5)
Any new development within or expansion of a mobile
home park.
(6)
Any change of an existing nonresidential building
from one type of use to another (i.e., conversion of a commercial
structure to an industrial facility).
(7)
Any new telecommunications tower or collocation on
a previously approved telecommunications tower.
[1]
Editor's Note: Table 1, Use Regulations, is
included at the end of this chapter.
C.
This section does not apply to the construction of
single-family homes, two-family dwellings, agricultural or forest
management buildings or structures or the placement of modular, panelized,
manufactured or mobile homes on individual lots.
A.
The applicant shall have the option to make an informal
presubmission presentation to the official, at which time site plan
application requirements can be reviewed. A sketch plan should be
prepared by the applicant and employed at the presubmission meeting
to indicate the nature of the proposal.
B.
The applicant shall make formal application for site
plan approval by submitting, at minimum, a completed application form,
the appropriate environmental assessment form and a preliminary site
plan to the official. The application shall consist of the following:
(1)
A preliminary site plan as required under application for a special permit, in compliance with § 105-52A, documentation of maintenance and ownership of open space and park facilities as required under § 105-126 of this chapter and documentation of compliance with Chapter 49, Environmental Quality Review, of the Code of the Town of Greenfield, New York, as applicable.
(2)
A front view of all signs to be employed at the project.
(3)
Other information determined by the official or Planning
Board as necessary to review the development for compliance with this
chapter.
(4)
Stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 85 of the Town Code. The SWPPP shall meet the performance and design criteria and standards of Chapter 85 and the approved site plan shall be consistent with the provisions of Chapter 85.
[Added 12-13-2007 by L.L. No. 5-2007]
C.
Application for a site plan approval shall be accompanied by a fee in accordance with the Fee Schedule contained in Chapter A210, Fee Schedule, of the Code of the Town of Greenfield, New York.
D.
If a notice of violation has been served on the owner or occupant of property pursuant to § 105-26A, no application shall be accepted for review by the Planning Board, and no building permit shall be issued by the Building Inspector relating to that property except for actions to cure the violation, and no certificate of occupancy shall be issued by the Building Inspector, unless and until the violation has been remedied or removed and any applicable fine has been paid as determined by the official or by a court if legal action has been instituted.
[Added 4-8-2010 by L.L. No. 1-2010]
A.
Notice.
[Amended 5-8-2008 by L.L. No. 1-2008]
(1)
The Planning Board shall fix a reasonable time for
the hearing on the application and give public notice thereof by publishing
a notice of such hearing in a paper of general circulation in the
Town at least seven days prior to the date thereof and, at least 10
days prior to the date of the hearing, by mailing notices of the hearing:
(a)
To the parties and to the County Planning Board,
as required by § 239-m of the General Municipal Law. The
notice shall be accompanied by a full statement of the matter under
consideration, as defined in Subdivision 1 of § 239-m of
the General Municipal Law.
(b)
To all owners of property within 500 feet of
the nearest line of the property for which site plan review is sought,
and to such other property owners as the Chairman of the Planning
Board may direct.
(2)
A sign advertising the public hearing shall be provided
by the Town to the applicant, who shall be responsible for posting
it on the property for a period of 10 days prior to the hearing. In
the event the sign is lost or removed from the premises, the applicant
shall make arrangements to replace the same within 24 hours. The applicant
shall provide the Board with proof of posting on a form to be provided
by the Town.
B.
Adjournment of hearing. The Planning Board may adjourn
any hearing upon the mutual consent of the Planning Board and the
applicant.
Upon receipt of a complete site plan application,
the official shall refer the application to the Planning Board. The
Planning Board shall review the site plan application, and within
30 days of receipt, the Planning Board may schedule a public hearing
to receive comments on the application. The Planning Board shall either
approve, approve with conditions or disapprove the application within
45 days after such hearing. If there is no public hearing held, the
Planning Board shall either approve, approve with conditions or disapprove
the application within 45 days of receipt of a complete application.
The time within which the Planning Board must render its decision
may be extended by mutual consent of the applicant and the Planning
Board. Failure of the Planning Board to render a decision within the
prescribed time limits shall constitute approval by the Planning Board.
[Amended 12-13-2007 by L.L. No. 5-2007]
In acting on a site plan application, the Planning
Board may issue any one of the following decisions:
A.
Approval. Upon approval of the site plan, the Planning
Board shall endorse a copy of the site plan within 120 days of the
date of approval and immediately file it with the official. The official
shall notify the applicant of approval.
B.
Conditional approval. Upon conditional approval of
the site plan, the Planning Board shall issue a written statement
to the applicant, indicating the modifications which are required
prior to approval of the site plan. After adequate demonstration to
the Planning Board that all conditions will be met, the Planning Board
shall endorse its approval on a copy of the site plan within 120 days
of the time when it determines that all conditions have been met and
shall immediately file it with the official, along with the written
statement containing the modifications required by the Planning Board.
The official shall transmit a copy of the same to the applicant.
C.
Disapproval. Upon disapproval of the site plan, the
decision of the Planning Board shall immediately be filed with the
official and a copy thereof mailed to the applicant.
