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.
[Amended 5-12-2014 by L.L. No. 9-2014]
Before a building permit or certificate of occupancy
or certificate of compliance can be issued for any of the activities
for which site plan approval is required, a site plan must be approved
by the Planning Board in accordance with these and other applicable
provisions.
The requirements set forth in this article shall
apply to all activities or developments that are referred to elsewhere
in this chapter as requiring a site plan approval. In addition, and
supplementing such provisions, the requirements of this article shall
also apply to the following actions except as to those actions specifically
exempted, or for which alternative specific site plan review and approval
requirements are established, elsewhere in this chapter:
A.
All new commercial, industrial or institutional development.
B.
All new multifamily housing.
C.
Any modification of existing commercial, industrial,
institutional or multifamily buildings, for which no previous site
plan exists.
D.
Any conversion of an existing residential structure
to a nonresidential use (except as may have occurred in connection
with a home occupation established in conformity with the provisions
of this chapter).[1]
E.
Any conversion of an existing nonresidential structure
into a residential structure containing three or more dwelling units.
F.
Any modification to an existing residential structure
which increases the number of dwelling units in the building to three
or more dwelling units.
G.
Any change of an existing nonresidential building
from one type of use specified in this chapter to another (e.g., conversion
of a commercial structure to an industrial facility or conversion
from a warehouse to a restaurant).
H.
Any other modification to any facility or structure
not set forth in the preceding subsections, for which final site plan
approval was or is presently required by the terms of this chapter
or any modification to any previously approved site plan, except as
otherwise authorized below.
|
In an NT-3, NT-4, NT-4u, or NT-5 zone, the New Neighborhood
Code defines the types and thresholds of actions that need site plan
review. (See § 272-704.)
[Added 11-9-2020 by L.L.
No. 6-2020] |
A.
The site plan process incorporates three successive
stages: a) sketch plan review, b) preliminary site plan approval,
and c) final site plan approval. Final site plan approval is required
in all cases prior to the issuance of a building permit or certificate
of occupancy or certificate of compliance. The sketch plan review
is at the option of the applicant except as may be required by the
Director of Planning if the proposed project is complex, has significant
potential effects on the environment, or if other conditions exist
such that a sketch review would be beneficial to the applicant or
the Town.
[Amended 5-12-2014 by L.L. No. 9-2014]
B.
Sketch plan review. The sole purpose of sketch plan
review is to review generally and informally the proposed project,
advise the applicant as to whether it is reasonable to anticipate
a positive response to a formal application, and to highlight any
concerns that may be readily apparent to the Planning Board. No vote
of approval or disapproval shall be taken with respect to a sketch
plan.
C.
Preliminary site plan review. An applicant may, at
his or her discretion, apply for preliminary site plan approval. Further,
if the Planning Board determines that an application for final site
plan approval is insufficient for an affirmative decision, the Board
may grant preliminary site plan approval with such conditions and
restrictions as are permitted by § 274-a of the Town Law
or any similar or successor statute.
D.
Formal application.
(1)
Unless other requirements of this chapter govern (e.g.,
the procedures for creation of Planned Development Zone) the applicant
shall make formal application for site plan approval by submitting,
at a minimum:
(a)
One completed and signed development review
application.
(b)
Applicable application fees.
(c)
Deposit of review fees.
(d)
One fully completed and signed short environmental
assessment form, Part I (SEAF), or long environmental assessment form,
Part I (LEAF), whichever is required.
(e)
Estimate of costs of site improvements (excluding
cost of land acquisition and professional fees) to be prepared (preferably)
by a licensed professional engineer.
(f)
Four full-size dark-line prints of the site
plan and 25 reduced copies of all sheets of the plan (the reduced
copies to be no larger than 11 inches by 17 inches) with all required
information.
(g)
All other information required by this chapter
or other laws, rules or regulations for site plan approval.
(2)
The application for site plan approval shall not be
deemed complete until all of the above items are received by the Town
Planner and the requirements of SEQR have been met.
E.
Upon receipt of a complete application, the Planning
Board shall hold a public hearing in accordance with the provisions
of Town Law § 274-a or any similar or successor applicable
statutes and shall render a decision approving, approving with conditions,
or disapproving the site plan.
F.
In making its decision, the Planning Board shall have
the power to impose conditions and restrictions as authorized by§ 274-a
of the Town Law or any similar or successor statute.
G.
If preliminary site plan approval is granted, when
the developer applies for final site plan approval the same procedures
shall again be utilized, except that if the final site plan is in
substantial agreement with the site plan that received preliminary
site plan approval, no further action under SEQR shall be required.
If the final site plan differs significantly from the preliminary
site plan, it shall be treated as a new application, including compliance
with applicable SEQR requirements.
H.
In reviewing the final site plan application following
preliminary site plan approval, the Planning Board shall, in the absence
of significant new information, confine its review to determining
whether the final plan a) conforms to the preliminary plan, b) complies
with any conditions imposed by the Board in granting preliminary approval,
and c) complies in all other respects with the provisions of the Town
Law and this chapter.
I.
The owner and applicant shall be bound by the final
site plan as approved by the Planning Board, and all construction
and development shall occur only in accordance with the finally approved
site plan, unless specifically otherwise authorized by the provisions
of this chapter.
[Amended 2-11-2008 by L.L. No. 4-2008; 5-12-2014 by L.L. No.
9-2014; 7-11-2022 by L.L. No. 12-2022]
The site plan shall include the following items, and such additional
items as may be reasonably requested by the Planning Board in order
to fully and adequately review the application for approval of the
site plan or other permit or authorization being sought, which requirements
may be articulated on one or more checklists supplied to applicants
for site plan approval or modification. Without limiting the authority
of the Planning Board or other reviewing board of the Town with respect
to additional items, the minimum items to be included are set forth
below with respect to each type of site plan being reviewed.
A.
Sketch plan requirements. The sketch plan submission(s) shall include:
(1)
General project narrative that describes the project and explains
the purpose of the project, including the type and density of development,
water and sewer systems proposed, and general timetable for the development.
(2)
General location map of the proposed development in the Town.
(3)
A drawing that shows:
(a)
Approximate property boundaries of parcel(s) involved.
(b)
Existing land use of property and immediately adjacent properties.
(c)
Approximate locations of existing buildings and structures (accessory
buildings, walls, fences, parking areas, etc.).
(d)
Approximate locations of existing water and sewerage facilities.
(e)
Approximate location of adjacent or nearby highways.
(f)
General topography of project area.
(g)
Location of potentially significant, natural, or cultural features
on or adjacent to the project site (streams, wetlands, ponds, slopes,
historic structures, etc.).
(4)
A drawing that shows:
B.
Preliminary site plan requirements. [NOTE: All applications should
be submitted in digital format, with drawing sizes and numbers of
paper copies as specified by staff.] The preliminary site plan submission(s)
shall include:
(1)
Detailed project narrative that explains the project and any
attachments, plans, and reports accompanying the submission.
(2)
Drawings that are clear, legible, accurate, and contain the
name and seal of the licensed land surveyor, engineer, architect,
and/or landscape architect who prepared the materials and are associated
with the project.
(3)
Drawings must contain the project title and address, with town,
county, and state, North arrow, preparer's name and address, and dates
(including revision dates). Map scale should be no less than one inch
equals 20 feet, or at a scale of adequate size to clearly identify
all features and infrastructure throughout the limits of the project
and corresponds to a ratio on a US engineering scale.
(4)
Key map, when more than one sheet is required to present site
plan.
(5)
Context/vicinity map showing the general location of the property.
(6)
Site survey/existing condition plan that shows:
(a)
Name and address of all owners of the property.
(b)
Exact boundary lines of tract, indicated by a heavy line.
(c)
Easements, names of easement owners, and recording information
for easements.
(d)
Rights-of-way (ROW) and owners of the ROW.
(e)
Existing buildings and all other structures on the property.
(f)
Existing parking areas, including number of parking spaces.
(g)
Existing streets, driveways, loading areas, sidewalks, and curb
cuts.
(h)
Existing bicycle and pedestrian facilities.
(j)
Existing lighting and signage.
(k)
Existing woodlands, brushlands, significant habitats and rare
plants.
(l)
Existing known cultural features, structures or sites listed
(or eligible for listing) on the State or National Registers of Historic
Places.
(m)
Existing unique natural areas on or adjacent to the project
site.
(7)
Site plan that shows the location of:
(a)
Property lines with dimensions and area, including property
lines of adjacent properties.
(b)
Identification of any buildings or structures to be removed.
(c)
Proposed buildings and other structures (accessory structures,
dumpsters, fences, walls, etc.).
(d)
Proposed streets, driveways, sidewalks, trails, and curb cuts,
with appropriate profiles.
(e)
Proposed on-site circulation, including parking spaces (numbered,
with dimensions noted), bicycle and pedestrian facilities, loading
areas, stacking spaces with dimensions and setbacks.
(f)
Proposed landscaping and planting plans, including proposed
buffers.
(g)
Location of proposed site signage with setbacks (directional
signs, freestanding signs, etc.).
(h)
Location of proposed outdoor lighting.
(i)
Accurate outlines and descriptions of any easements and/or areas
to be dedicated or reserved for public use or acquisition, with the
purposes indicated thereon, and of any easements or areas to be reserved
by deed covenant or otherwise for common uses of some or all property
owners, tenants, or other users of the property in the project.
(j)
References to any separate instruments, including restrictive
covenants, that directly affect the land in the project.
(8)
Building elevations that include:
(a)
Scaled elevation drawings of all existing structures to remain.
(b)
Proposed building architectural elevations with dimensions,
including maximum height above grade.
(c)
Rendered elevations showing all facades keyed to building materials.
(d)
Proposed building materials and colors.
(e)
Rooftop equipment and mechanicals.
(f)
Schematic floor plans, including square footage.
(9)
Grading and drainage information that includes:
(a)
Existing and proposed contours at one-foot contour intervals
and spot elevations.
(b)
Limits of grading, description of cut and fill information (volumes,
fill material composition).
(c)
Stormwater pollution prevention plan (SWPPP), pursuant to Town Code Chapter 228 and all applicable NYSDEC rules and regulations, including location of erosion/sediment control structures and other stormwater management measures.
(d)
Existing trees to remain and existing trees proposed to be removed
(species and diameter at breast height noted).
(10)
Utility information that includes:
(a)
Location of existing utilities, including size and flow direction
of sewers, water supply lines, and culverts.
(b)
Plan and profile of proposed utilities, including size and flow
direction of sewers, water supply lines, and culverts.
(c)
Location of existing and proposed fire hydrants.
(d)
Location of existing and proposed electric, gas, and telephone
lines and appurtenances (transformer boxes, valves, etc.).
(12)
Signs and outdoor lighting information pursuant to Town Code Chapter 270 (Article XXIX) and Chapter 173, including:
(a)
Proposed size, location, height, design, and construction materials
for all proposed signs (note whether internally or externally illuminated).
(b)
Lighting contours, photometrics, and lighting specification
sheets for all outdoor lighting.
(c)
Proposed size, location, height, design, and construction materials
for all light fixtures.
(d)
Proposed LED color temperature noted on plan.
C.
Final site plan requirements. The final site plan shall include:
(1)
Project narrative, explaining any project changes since preliminary
site plan approval, and how the materials comply with conditions of
preliminary approval.
(2)
Final site plan drawings, including any required revised drawings
that were necessary to comply with any conditions imposed as part
of the preliminary site plan approval process. All drawings require
the name and seal of the licensed land surveyor, engineer, architect,
or landscape architect who prepared the materials and are associated
with the project. Drawings must also contain the project title and
address, graphic scale, North arrow, preparer's name and address,
and date (including all revision dates).
(3)
Truck routing plans, and any other reports, studies, engineering
calculations, documents, or materials that were required to be submitted
before consideration of final site plan approval.
The Town Board in those circumstances where
a site plan is required for Town Board review, and the Planning Board
in those circumstances where a site plan is provided for Planning
Board review, may waive one or more items (e.g., topography) otherwise
normally required to be shown on the site plan when the applicable
board determines that the circumstances of the application do not
require a full site plan for adequate consideration of the applicant's
proposal.
The Planning Board's review of a site plan shall
include as appropriate, but shall not be limited to, the following
considerations:
A.
Adequacy, arrangement, and location of vehicular access
and circulation, including intersections, road widths, pavement surfaces,
off-street parking and loading areas, and traffic controls.
B.
Adequacy, arrangement, and location of pedestrian
and bicycle traffic access and circulation, control of intersections
with vehicular traffic, and appropriate provisions for handicapped
persons.
D.
Adequacy, location, arrangement, size, design, and
general site compatibility of buildings, lighting, signs, open spaces,
paved areas, outdoor waste disposal facilities, and contiguity of
open spaces.
E.
Adequacy, type, and arrangement of trees, shrubs,
and other landscaping, including those on site and those constituting
a visual and/or noise-deterring buffer between the applicant's and
adjoining lands, including the retention of existing vegetation of
value to the maximum extent possible.
F.
In the case of a residential property, and in the
case of other properties where appropriate, the adequacy and utility
of open space for playgrounds and for informal recreation.
G.
Compatibility of the project with the surrounding
neighborhood, including protection of adjacent properties and the
general public against noise, glare, unsightliness, or other objectionable
features.
H.
Adequacy of stormwater drainage, water supply, sewage
disposal facilities and other community infrastructures and services.
I.
Adequacy of fire lanes and other emergency provisions.
J.
The effect of the proposed development on environmentally
sensitive areas including but not limited to wetlands, floodplains,
woodlands, steep slopes, watercourses or bodies, viewsheds, unique
natural habitats, and on other open space areas of importance to the
neighborhood or community.
K.
The effect of the proposed development on any historic
structures listed or eligible for listing on the National Register
of Historic Places.
L.
The need for, and the adequacy of, any natural or
man-made buffers.
M.
Whether the design of the project minimizes the increase
of impervious surfaces on the site.
N.
Compliance with the Town's Comprehensive Plan, Zoning
Ordinance, Subdivision Regulations, Water Resources Ordinances, if
applicable, Outdoor Lighting Law,[1] Complete Streets Policy, and any other applicable laws,
rules, requirements, or policies.
[Amended 10-16-2006 by L.L. No. 12-2006; 5-11-2015 by L.L. No. 3-2015]
No site plan shall be approved which provides
for construction or other disturbance of land in environmentally sensitive
areas, including but not limited to, wetlands, watercourses, steep
slopes, unique natural areas, or rare plant or animal habitats, unless
the applicant demonstrates with professional evidence reasonably satisfactory
to the Planning Board that such construction may occur without adverse
environmental effects upon such areas. Nothing in this subsection
is intended to permit construction or other activities in areas where
the same are prohibited or regulated by other laws or regulations
of the federal, state, county, or local government.
If the proposed project includes dwelling units,
the Planning Board may, in accordance with the provisions and requirements
of Town Law § 274-a or any similar or successor law, require
a park or parks to be shown on the site plan, or, to the extent permitted
by § 274-a, monies in lieu of parkland.
[Amended 9-9-2019 by L.L.
No. 7-2019]
A.
A site plan that has received final site plan approval may be modified
upon submission of an application for such modification. The application
must comply with the provisions of this article. The procedures are
the same as for an initial application for site plan approval.
B.
Planning Board approval of a modification is required if the modification
involves or includes any of the following:
(1)
Enlarging the square footage of an existing or previously approved building by more than 20% or 2,000 square feet gross floor area, whichever is less. Enlargements that do not meet this threshold remain subject to the determination in Subsection B(9) below;
(2)
Adding five or more parking spaces;
(3)
Construction, alteration, or renovation of the interior of a
building involving a change in use;
(4)
Alteration of traffic flows and access, or a significant (in
the judgment of the Director of Planning) increase in the volume of
traffic;
(5)
A significant (in the judgment of the Director of Planning)
change in the aesthetic appearance of any structure or site plan element,
including landscape and lighting details, from the last approved site
plan;
(6)
A change in the impacts of the project on surrounding properties,
such as an increase in noise, stormwater runoff, light illumination,
or obstructions to views;
(7)
Demolition, or a proposed demolition, of an existing previously
approved building with a footprint larger than 3,000 square feet;
(8)
Violation of any express conditions (including, without limitation,
buffer zones, setbacks, and similar restrictions) last imposed by
the Planning Board for site plan approval; or
(9)
A determination by the Director of Planning that a movement
or shift of a location of one or more structures laterally or vertically
from the location or elevation shown on the final site plan:
(a)
Materially affects the overall site layout or specific elements
of the site, including roads, traffic movements, sidewalks, parking
areas, viewshed, drainage, and buffer areas; or
(b)
Violates any express conditions (including, without limitation,
buffer zones, setbacks, etc.) imposed by the Planning Board for site
plan approval.
C.
Numerical criteria in Subsection B(1) and (2) are an aggregate maximum (e.g., if a 700-square-feet addition is constructed on an existing 5,000 square feet building without obtaining Planning Board approval, construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan, and if three additional parking spaces are constructed without obtaining Planning Board approval, construction of more than two additional parking spaces would require Planning Board approval of a modified site plan).
D.
The fact that Planning Board approval is not required for some modifications
shall not be construed to allow:
If the Planning Board determines it is necessary
to ensure that all items on the site plan that are needed to provide
for adequate traffic flow, utilities, and other similar infrastructure
items, are constructed in accordance with the approved final site
plan and any other pertinent specifications and requirements, no building
permit shall be issued for a project with an approved final site plan
until the applicant has furnished to the Town Engineer an irrevocable
letter of credit in an amount to be recommended by the Town Engineer
and approved by the Planning Board to ensure such construction. In
determining whether to require such a letter, the Planning Board shall
find that such infrastructure is so integral to the project that its
construction must occur in order to provide for a safe and useful
environment for the community and the occupants and users of the project.
The Planning Board may, in its discretion, accept in lieu of a letter
of credit other evidence or promise of completion of required facilities
for the site if it determines that such other evidence adequately
ensures such completion. Nothing in this section shall alter any other
requirement for letters of credit related to construction of facilities
intended to be dedicated to the Town.
[Amended 5-12-2014 by L.L. No. 9-2014]
No final certificate of occupancy or certificate
of compliance shall be issued until all improvements shown on the
final site plan as approved by the Planning Board, reasonably necessary
to the proper and safe operation and occupancy of any completed facilities,
are installed or until a sufficient performance guarantee, such as
a letter of credit, has been provided to the Town for improvements
not yet completed. The need for, and sufficiency of, such performance
guarantee shall be determined by the Town Engineer after consultation
with the Building Inspector or other persons designated by the Planning
Board. The Planning Board may waive the requirement for such performance
guarantee if, in its discretion, it determines that the guarantee
is not needed.
A.
Except when a rezoning has occurred based upon a preliminary
or general site plan any approval of a preliminary site plan may be
revoked by the Planning Board, after a public hearing and upon written
notice in person or by mail to the applicant:
(1)
If a fully complete application for final site plan
approval has not been submitted to the Planning Board within 18 months
of the date preliminary approval was granted, or
(2)
If an application is submitted within such eighteen-month
period, such application is not diligently prosecuted by the owner
to enable the Planning Board to grant final site plan approval within
24 months of the date preliminary approval was granted.
B.
The Planning Board may, when compliance with the foregoing
time periods would create a significant hardship for the owner, extend
the time periods for such periods and upon such conditions as the
Planning Board may reasonably determine.
C.
Unless work has materially commenced in accordance
with the final site plan within one year from the issuance of the
building permit authorizing such work, or within 36 months of the
date the Planning Board gave final site plan approval, whichever is
earlier, not only the building permit but the site plan approval (both
final and preliminary) shall expire and the permissible uses and construction
on the property shall revert to those in effect prior to the granting
of any site plan approval. The Planning Board, upon request of the
applicant, after a public hearing, and upon a finding that the imposition
of the time limits set forth above would create an undue hardship
on the applicant, may extend the time limits for such additional periods
as the Planning Board may reasonably determine. An application for
such extension may be made at the time of filing of the original application
or at any time thereafter up to, but no later than, six months after
the expiration of the time limits set forth above.
(1)
For the purposes of this section, work will not have
"materially commenced" unless, at a minimum:
(a)
A building permit, if required, has been obtained;
(b)
Construction equipment and tools consistent
with the size of the proposed work have been brought to and been used
on the site; and
(c)
Substantial excavation (where excavation is
required) or significant framing, erection, or construction (where
excavation is not required) has been started and is being diligently
pursued.
