A.
Pursuant to § 274-a of Town Law, the Planning
Board is hereby authorized to approve site plans for the following
uses and according to the procedures stated in the remainder of this
article.
B.
Site plan approval by the Planning Board shall be
required for all structures and uses specified under regulations for
each district. Any requests for variances, rezoning or subdivision
shall be completed prior to final site plan approval.
A.
After the sketch plan conference as described in § 178-70, an application for site plan approval shall be made to the Planning Board by filing it with the Zoning Officer who shall present it to the Planning Board at its next regularly scheduled meeting. At the time of filing such application, a fee shall be paid in the amount as set forth from time to time by Town Board resolution, except with an application for a change in use, in which case a fee shall be paid in another amount as set forth from time to time by Town Board resolution.
[Amended 4-1-1987 by L.L. No. 4-1987; 8-5-1998 by L.L. No. 2-1998]
B.
The Planning Board may accept the application at its initial consideration if all supportive information is adequate. Alternatively, the Board may deem this first consideration to be a sketch plan conference (§ 178-70, below) and await additional designated information before accepting the application.
C.
Within 45 days of acceptance of the application, the
Planning Board shall render a decision to approve, approve with conditions,
or deny, and forward the decision to the Zoning Officer. An extension
of this forty-five-day period is automatic if the nature of the application
requires General Municipal Law referral to the County Planning Board.
Further, an extension of this forty-five-day period may be granted
upon consent of both the applicant and the Town Planning Board. If
the Board fails to act within said forty-five-day period or extension
that has been granted, the site plan shall be considered approved.
D.
A full written record of such Planning Board minutes
and decisions, together with all documents pertaining thereto, shall
be filed in the Office of the Town Clerk and shall be mailed to the
applicant.
E.
A sketch plan shall not be considered an application
for purposes of this article.
F.
If approval or conditional approval is given, a building
permit shall be authorized at such time as all conditions are met.
Application to the Zoning Officer for any building permit or certificate
of zoning compliance authorized by resolution of the Planning Board
under which a site plan approval is granted shall be made within 60
days from the date the resolution is filed with the Town Clerk or
within a time period agreed upon by the applicant and the Planning
Board. If a building permit is not applied for within this time frame
or a building permit has expired, the applicant shall submit a new
application to the Planning Board.
[Added 8-17-1988 by L.L. No. 2-1988;
amended 12-16-2009 by L.L. No. 3-2009]
G.
The Planning Board, on its own motion, may revoke any site plan approval for noncompliance with conditions set forth in the granting of said approval after first holding a public hearing and giving notice of such hearing as provided in § 178-72C. The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable hereunder for any person to violate any condition imposed by a site plan approval.
[Added 8-17-1988 by L.L. No. 2-1988]
A sketch plan conference shall be held between
the Planning Board and applicant to review the basic site design concept
and generally determine the information to be required on the site
plan. At the sketch plan conference, the applicant should provide
the data discussed below, in addition to a statement or rough sketch
describing what is proposed:
A.
An area map showing the parcel under consideration
for site plan review, and all properties, subdivisions, streets and
easements within 200 feet of the boundaries thereof.
B.
A map of site topography from available USGS sources
shall be included. If portions of the site have susceptibility to
erosion, flooding or ponding, a soils overlay and a topographic map
showing contour intervals of not more than two feet of elevation should
also be provided.
An application for site plan approval shall
be made, in writing, to the Zoning Officer and shall be accompanied
by information drawn from the following checklist, as determined necessary
by the Planning Board at the sketch plan conference:
A.
Title of drawing, including name and address of applicant
and person responsible for preparation of such drawing.
B.
North arrow, scale and date.
C.
Boundaries of property plotted to scale.
D.
Existing watercourses.
E.
Grading and drainage plan, showing existing and proposed
contours.
F.
Location, proposed use and height of all buildings.
G.
Location, design and construction materials of all
parking and truck loading areas, showing access and egress.
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 public 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, design and construction materials of all
energy distribution facilities, including electrical, gas and solar
energy.
O.
Location, size and design and construction materials
of all proposed signs.
P.
Location and proposed development of all buffer areas,
including existing vegetative cover.
Q.
Location and design of outdoor lighting facilities.
R.
Designation of the amount of building area proposed
for retail sales or similar commercial activity.
S.
General landscaping plan and planting schedule.
T.
Other elements integral to the proposed development
as considered necessary by the Planning Board, including identification
of any state or county permits required for the project's execution.
The Planning Board's review of the site plan
shall include, as appropriate, but is not limited to, the following:
A.
General considerations.
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, pavement surfaces,
dividers and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Location, arrangement, size, design and general site
compatibility of buildings, lighting and signs.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or noise buffer between
the applicant's and adjoining lands, including the maximum retention
of existing vegetation.
(8)
In the case of an apartment complex or other multiple
dwelling, the adequacy of usable open space for play areas and informal
recreation.
(9)
Protection of adjacent or neighboring properties against
noise, glare, unsightliness or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
(11)
Special attention to adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
B.
Consultant review. The Planning Board may consult
with the Town Zoning Officer, Town Engineer, Fire Commissioners, Conservation
Council, other local and county officials, and its designated private
consultants, in addition to representatives of federal and state agencies,
including but not limited to the Soil Conservation Service, the State
Department of Transportation and the State Department of Environmental
Conservation.
C.
Public hearing. The Planning Board may conduct a public
hearing on the site plan. If a public hearing is considered desirable
by a majority of the authorized members of the Planning Board, such
public hearing shall be conducted within 45 days of the acceptance
of the application for site plan approval and shall be advertised
in a newspaper of general circulation in the Town at least five days
before the public hearing.
