The Planning Board is hereby empowered to review, approve, approve with modification or disapprove all site plans as required by § 220-40 of this article.
The purposes of such site plan review and approval
procedures are to:
A.
Ensure adequate adherence and conformance to the various
provisions of this chapter.
B.
Ensure that uses of land so affected by these provisions
meet design, function and layout criteria established by this chapter
that will culminate in development that will protect the health, safety
and general welfare of Town residents and are compatible with the
intent of the Comprehensive Plan proposals and recommendations.
[Amended 5-1-1979 by Res. No. 112; 6-24-1980 by Res. No.
186; 10-27-1992 by L.L. No. 8-1992; 7-19-1994 by L.L. No. 7-1994; 3-22-2016 by L.L. No. 1-2016]
A.
General. Except for single-family residences and all associated permitted
and accessory uses to such single-family residence, the provisions
of this article shall apply to the following:
(1)
All new uses requiring a special use permit or amendment to a special
use permit.
(2)
All new or expanded permitted and accessory uses.
(3)
All petitions for amendments to this chapter which contain a proposed
amendment to the Zoning Map.
(4)
All applications to alter a nonconforming use.
(5)
All applications for a use variance.
(6)
All additions, deletions and site changes, including changes of tenancy
or ownership and changes in the use of any existing building, site,
or portion thereof.
B.
Reduced requirements. With respect to existing sites where a change
of tenant or owner is being proposed, the Planning Board as part of
its site plan review and approval process shall have the discretion
to waive or reduce the requirements of this chapter as set forth in
Subsection A(8)(d) and (e) above where the applicant demonstrates
that the reduction or waiver of said requirement would not adversely
impact the abutting properties or neighborhood.
A.
Zoning Enforcement Officer. As provided in § 220-67F(3) of this chapter, the Zoning Enforcement Officer shall transmit one copy of the application for a zoning and building permit and all related material to the Planning Board as required in § 220-41 above.
[Amended 7-19-1994 by L.L. No. 7-1994; 12-22-1998 by L.L. No.
15-1998]
A.
Materials to be submitted. Upon receipt of the application for a zoning and building permit and related material from the Zoning Enforcement Officer or the Town Board as required in § 220-42, the Planning Board may require that the developer submit additional information as follows, which shall be prepared by a licensed engineer, architect, surveyor, land planner or any combination thereof. To the extent practicable, required information may be consolidated on one map.
(1)
A map of the applicant's entire holding at the scale
of one inch equals 30 feet, unless the Planning Board determines a
different scale to be more appropriate. At the determination of the
Planning Board, metes and bounds of the property shall be provided.
(2)
An area map, at a scale to be determined by the Planning
Board, showing all properties, subdivisions, streets, watercourses
and easements which pass through the property or are known to abut
the applicant's property.
(3)
A topographic map, at the scale one inch equals 30
feet, showing existing and proposed contours at two-foot intervals,
extending 100 feet onto adjoining properties.
(4)
A preliminary site plan, including the following information:
(a)
The title of the drawing, including name(s)
and address(es) of the applicant and owner of record.
(b)
The North point, date and scale (as determined
by the Planning Board).
(c)
The name and address of the person, firm or
organization preparing the map.
(d)
Boundaries of the property, plotted to scale,
with metes and bounds as required by the Planning Board.
(e)
Existing watercourses and direction of drainage
flow.
(f)
The location of the proposed use or uses, bulk,
height and finished floor elevations of all buildings and location
of all parking areas with access drives thereto.
(g)
The location of all existing or proposed site
improvements, including drains, culverts, detention areas, retaining
walls, fences and final grading contours; existing and proposed water
and other utility facilities; a description of the method of sewage
disposal and location of such facilities; the location and size of
all permitted signs; the amount(s) of building area(s) proposed for
retail sales, if any; and existing areas of vegetation and trees.
(h)
An overlay showing areas, if any, with moderate
to high susceptibility to flooding or ponding, wetlands, moderate
to high susceptibility to erosion and slopes in excess of 15%. For
areas with potential erosion problems, the overlay shall also include
an outline of existing vegetation.
(6)
A traffic impact analysis to assess the off-site impact
of site-generated traffic. This analysis shall be based on a study
performed by the applicant using the most recent edition of the Highway
Capacity Manual. The results of the corresponding impacts shall be
evaluated relative to the computed levels of services at various time
frames and durations as defined in the Manual. A plan for mitigating
any adverse impacts shall be proposed by the applicant and approved
by the Planning Board prior to the issuance of final site plan approval.
The traffic mitigation plan shall be based on the results of the traffic
impact analysis and shall include proposed improvements, a cost estimate,
a construction schedule and the extent of participation by the proposed
development.
(7)
For single parcels or contiguous parcels held in common
ownership at the effective date of this section, for which only partial
development or development in phases is proposed at the time of application,
a comprehensive site plan for the entire site showing present and
future proposed construction. This plan shall be consistent with the
goals and objectives of the Town Comprehensive Development Plan, that
is, Plan-93 or its duly adopted successor, and the standards established
in this section. Development and construction of the total site may
be staged but in accordance with the comprehensive site plan. Subdivision,
lease and/or condominium development shall be in accordance with the
comprehensive site plan as approved by the Planning Board.
B.
Mandatory referral to County Department of Planning.
Before final action is taken on the application, the Planning Board
shall refer one copy of the application and all related materials
to the Schenectady County Department of Planning if such referral
is mandated by § 239-m of the General Municipal Law.
C.
Compliance with State Environmental Quality Review.
The Planning Board shall act in accordance with the State Environmental
Quality Review regulations and local law[2] for the purpose of environmental review of the application.
D.
Planning Board contact with the applicant. Upon receipt
of a complete application for preliminary site plan approval, the
Planning Board shall notify the applicant of the place, date and time
of the meeting of the Planning Board at which the application is to
be considered and request the presence of the applicant to discuss
the application.
A.
The Planning Board's review of a preliminary site
plan shall include, but is not necessarily limited to, the following
considerations:
(2)
The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, channelization
structures and traffic controls. Consideration will also be given
to the project's impact on the overall circulation system as it relates
to adjacent uses.
(3)
The adequacy and arrangement of pedestrian traffic
access and circulation, including but not solely limited to separation
of pedestrian from vehicular traffic, walkway structures, control
of intersections with vehicular traffic and overall pedestrian convenience.
(4)
The location, arrangement and setting of off-street
parking and loading areas.
(5)
The location, arrangement, size and design of buildings,
lighting and signs.
(6)
The adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or a noise-deterring
buffer between these and adjoining properties.
(7)
In the case of multiple-family complexes, the adequacy
of usable open space for controlled and informal recreation.
(8)
The adequacy of provisions for the disposal of stormwater,
sanitary wastes, water supply for both fire protection and general
consumption, solid waste disposal and snow removal storage areas.
(9)
The adequacy of structures, roadways and landscaping
in areas with moderate to high susceptibility to flooding and ponding
and/or erosion.
(10)
Protection of adjacent properties against noise,
glare, unsightliness or other objectionable features.
(11)
Retention of existing trees for protection and
control of soil erosion, drainage and natural beauty.
(12)
In the case of multiple-family complexes, average
density developments, planned unit developments and commercial developments,
excessive similarity and/or excessive dissimilarity or inappropriateness
to any other structures existing or for which a permit has been issued
or to any other structure included in the permit application.
[Added 7-6-1976 by Res. No. 214]
B.
In its review, the Planning Board may consult with appropriate Town and County offices and agencies of the state and federal government. The Planning Board shall also conduct a public hearing in the case of applications involving special use permits or amendments to the Zoning Map, and before site plan approval is granted for uses of land in connection with Article VII, Planned Unit Development.
A.
The Planning Board, in addition to the foregoing section,
may require such additional provisions and conditions that appear
to promote further understanding of the applicant's proposal and are
necessary for the purposes of ultimately protecting the health, safety
and general welfare of the Town's residents.
B.
The Planning Board may, at its discretion, judge that
certain requirements of this article are not applicable in its approval
of a site plan and may therefore allow the applicant to submit only
those elements which it deems necessary to the review and approval
of the particular application.
A.
Submission of report.
[Amended 10-27-1992 by L.L. No. 8-1992; 7-19-1994 by L.L. No. 7-1994]
(1)
For site plan review. Upon reaching its decision with
respect to the preliminary site plan, the Planning Board shall notify
the applicant and the Zoning Enforcement Officer.
(2)
For special use permit. The Planning Board shall hold
a public hearing and transmit to the Town Board its report on the
preliminary site plan and its recommendation with respect to approval
of the special use permit.
B.
Consideration in the report.
(1)
The Planning Board report shall state whether or not
the preliminary site plan meets the conditions set forth herein and
as required by other Articles of this chapter and other such rules
and regulations, codes and ordinances of the Town. If the Planning
Board determines that the foregoing is adequately fulfilled, then
it shall grant the applicant conditional approval. A copy of the appropriate
minutes of the Planning Board may be a sufficient report.
(2)
In the Planning Board's report granting conditional
approval, its statement may include requirements as to desirable revisions
to be incorporated in the final site plan. If the preliminary site
plan is disapproved, the Planning Board's statement shall contain
the reasons for such disapproval. In such case, the Planning Board
may recommend further study of the site plan and resubmission of a
preliminary site plan following revision or redesign.
A.
After receiving conditional approval of a preliminary
site plan, the applicant is then authorized, subject to any conditions
imposed, to prepare a final detailed site plan for submission to the
Planning Board for approval through the Zoning Enforcement Officer
or the Town Board in the case of special use permits, except that
if more than six months have elapsed between the time of the Planning
Board's report on the preliminary site plan or if the Planning Board
finds that conditions have changed significantly in the interim period,
the Planning Board shall require resubmission of the preliminary site
plan for further review and possible revision prior to accepting the
proposed final site plan for review.
B.
The final detailed site plan shall conform to the
preliminary site plan as approved by the Planning Board.
C.
The final site plan shall incorporate any revisions,
conditional qualifications or other features that may have been recommended
or required by the Planning Board.
D.
All such compliances shall be clearly indicated by
the applicant on the appropriate submission, and it shall be the responsibility
of the applicant to clearly explain such required changes to the Planning
Board.
[Amended 10-27-1992 by L.L. No. 8-1992; 7-19-1994 by L.L. No. 7-1994]
A.
Upon reaching its decision, the Planning Board shall
notify the Zoning Enforcement Officer and the applicant.
B.
Upon approving an application, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Zoning Enforcement Officer for appropriate action under § 220-67F(1) and (3) of this chapter or to the Town Board for its consideration in the case of special use permits or ordinance amendments. Supporting facts for the approval action shall be included.
C.
If the Planning Board disapproves the application, it shall submit a report, in writing, stating the reasons for such disapproval, to the applicant and to the Zoning Enforcement Officer for appropriate action under § 220-67F(2) and (3) of this chapter or to the Town Board for its consideration in the case of special use permits.
D.
Performance guaranty. The Planning Board may require
that public improvements, landscaping and other aspects of any approved
site plan application be secured by a performance guaranty in a form
and amount satisfactory to the Planning Board. However, the Planning
Board shall not be required to accept an offer of guaranty from the
applicant in lieu of performance by the applicant if performance is
reasonably possible within the appropriate time frame for completion
thereof.
E.
Expiration. Final site plan approval shall expire
two years after the date of final written approval by the Planning
Board unless construction in accordance with the approved plan has
begun or an extension of time has been granted by the Planning Board.
[Added 12-16-1997 by L.L. No. 17-1997]
F.
Compliance with final site plan. Any premises receiving
final site plan approval from the Planning Board shall be developed
and maintained in compliance with the requirements of said approval.
An application for site plan review shall not be considered by the
Planning Board unless or until the premises are in compliance with
the requirements of previous approvals; or, in the opinion of the
Planning Board, unless the application proposes to include site changes
that eliminate the need to correct the conditions of noncompliance.
[Added 12-16-1997 by L.L. No. 17-1997]
