A.
In accordance with Article IV, Use Regulations, prior to the issuance of a building permit or certificate of occupancy in any district, except for a one-family dwelling and related accessory or general agricultural uses permitted by either right or special use permit, including home occupations, the Zoning Enforcement Officer or Code Enforcement Official shall require the preparation of a site plan.
C.
If, upon review of such site plan, the Zoning Enforcement
Officer shall determine that the proposed action does not result in
an increase in the number of parking spaces required for the proposed
use by this chapter and does not increase the gross floor area by
more than 25% or 1,200 square feet from the gross floor area that
previously existed or was authorized by the existing approved site
plan for the site, the Zoning Enforcement Officer may approve such
site plan and no further review shall be required, or the Zoning Enforcement
Officer may refer such proposed action to the Town Planning Board
for site plan review and approval in accordance with § 274-a
of the Town Law and the standards and procedures set forth in this
chapter if, in the Zoning Enforcement Officer's opinion, the proposed
action involves a change in the use of the site or site characteristics
which may require further review by the Town Planning Board.
D.
In all other cases, the Zoning Enforcement Officer
shall refer the applicant to the Town Planning Board for site plan
review and approval in accordance with § 274-a of the Town
Law and the standards and procedures set forth in this chapter.
A.
A preplan conference between the Zoning Enforcement
Officer and the applicant shall be held to discuss the application
requirements and the applicability of the site plan review and approval
procedure to the intended development for which the building permit
or certificate of occupancy or use is sought.
[Amended 2-18-2024 by L.L. No. 2-2024]
B.
The Town Planning Board shall conduct a plan conference
and make its determination based upon review of the project's scope
and the basic land use and site design concept, as shown by the sketch
plan drawn to scale, and accompanying statements provided by the applicant
and describing, at a reasonable level of detail, what is proposed.
C.
At the plan conference, the Town Planning Board shall,
with the advice of its Zoning Enforcement Officer, the Director of
Planning and its designated consultant, take one of three actions:
[Amended 2-18-2024 by L.L. No. 2-2024]
(1)
Determine that the project is limited in scope with
compatible land use, site and building design characteristics, thus
requiring no further review under this chapter, with such determination
restricted to applications including the establishment of permitted
uses within existing complying structures or the limited modification
of existing conforming uses and complying structures wherein no substantial
site improvements are either required or proposed.
(2)
Determine that the project does require full review under this chapter, based upon the project's scope and/or land use, site and building design characteristics, and advise the applicant of site plan submission requirements in accordance with § 180-52 of this chapter.
(3)
Require additional information prior to making a determination
regarding the applicability of the site plan review and approval procedure.
D.
In order to assist the Town Planning Board in its
determination, the applicant shall submit, as may be requested by
the Planning Board, the further data discussed below during the plan
conference:
An application for site plan approval shall
be made, in writing, to the Town Planning Board and shall be accompanied
by five prints and one digital (pdf) copy of a site plan which includes
information drawn from the following checklist of items, as determined
necessary by the Zoning Enforcement Officer, Director of Planning
and the Town Planning Board at the time of the plan conference, and
which is provided on a drawing certified by a licensed engineer, architect,
landscape architect and/or land surveyor:
A.
Site plan checklist. The site plan shall include:
(1)
The title of the drawing, including the name and address
of applicant and person(s) responsible for preparation of such drawing,
the property owner (if different) and the tax parcel identification
number.
(2)
North arrow, scale and date.
(3)
Accurate boundaries of the property plotted to scale.
(4)
Existing watercourses, wetlands and floodplains.
(5)
Grading and drainage plans showing existing and proposed
contours at an appropriate interval to be specified by the Town Planning
Board at the sketch plan conference with two-foot contour intervals
and soils data generally required on that portion of any site proposed
for development where general site grades exceed 5% or where there
may be susceptibility to erosion, flooding or ponding.
(6)
The location, proposed use and height of all buildings.
(7)
The location, design and construction materials of
all parking and loading areas with ingress and egress drives thereto.
(8)
Provision for vehicular, pedestrian and bicycle access.
(9)
The location of outdoor storage.
(10)
The location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
(11)
The description of the method of sewage disposal
and location, design and construction materials of such facilities.
(12)
The description of the method of securing water
supply and stormwater collection and the location, design and construction
materials of such facilities.
(13)
The location of fire and other emergency zones,
including the location of fire hydrants or of the nearest alternative
water supply for fire emergencies.
(14)
The location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy.
(15)
The location/delineation of any wetlands, floodplains, steep slopes and streams as required under § 180-22.
(16)
The location, size and design and construction
materials of all proposed signage.
(17)
The location and proposed development of all
buffer areas, including indication of existing vegetative cover.
(18)
The location and design of outdoor lighting
facilities, including data regarding, when appropriate, lighting levels
both within the site and at the site's boundaries, if adjacent to
residential development.
(19)
Designation of the amount of building area proposed
for retail sales, office use or similar commercial activity.
(20)
General landscaping plans and planting schedules.
(21)
Identification of any public cemetery or burial
ground within or abutting the parcel as defined by Town Law § 291,
or any other applicable state law.
(22)
Record of application for and approval status
of all necessary permits from federal, state and county officials.
(23)
Identification of any federal, state or county
permits required for the projects execution, including contacts and
addresses at the applicable regulatory agencies.
(24)
Other elements integral to the proposed development
as considered necessary by the Town Planning Board, including the
identification of any state or county permits required for the project's
execution.
B.
Required fee. An application for site plan review
and approval shall be accompanied by the applicable fee in accordance
with the fee schedule established and annually reviewed by the Town
Board.
C.
Environmental review. An application for site plan
review and approval shall also be accompanied by a short or full EAF,
or a draft EIS, as required by the Environmental Conservation Law.
D.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 151, Stormwater Management and Erosion and Sediment Control, and § 180-39.5 of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in § 180-39.5 of this chapter. The approved site plan shall be consistent with the provisions of Chapter 151, Stormwater Management and Erosion and Sediment Control, and § 180-39.5 of this chapter.
The Town Planning Board's review of a 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, channelization structures and other traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, walkways, control of intersections with vehicular
traffic and overall pedestrian convenience.
(3)
The location, arrangement, appearance and sufficiency
of off-street parking and loading facilities. Turning radius of the
largest anticipated vehicle shall be shown.
(4)
The location, arrangement, size, design and general
site compatibility of principal and accessory buildings, lighting
and signage.
(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-deterring buffer
between the applicant's and adjoining lands, including the maximum
retention of existing vegetation.
(8)
The adequacy of usable open space of 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 water supply for fire emergencies.
(11)
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion or in the vicinity of wetlands, streams or
similar natural features.
(12)
Compatibility of building design with existing
characteristics of the neighborhood.
(13)
Protection of streams, wetlands, floodplains,
steep slopes and other topographical features.
(14)
Protection and public access to public cemeteries and burial grounds as defined in § 291 of the Town Law and other applicable state law. In reviewing site plans involving a public cemetery or burial ground, the Planning Board shall employ the standards as outlined in § 154-13B of the Code of the Town of Milton.
C.
The Town should apply the following criteria as part
of their site plan review prior to the issuance of a building permit
for improvements within the Part 77 Surfaces:
(1)
All development proposals shall be required to provide
a completed FAA Form 7460-1, Notice of Proposed Construction or Alteration,
to determine potential impacts to airport airspace. If the Building
Department determines the proposal may impact airport airspace, the
Building Department shall advise the county personnel responsible
for the overall management and operation of the airport to determine
what, if any, FAA notification and review must be obtained prior to
approval for construction.
(2)
Except as necessary and incidental to airport operations,
no building, structure or object of natural growth shall be constructed,
altered or allowed to grow so as to project or otherwise penetrate
the airspace surfaces.
(3)
No use shall be made of any land that will cause electrical
interference with navigational signals or radio communications at
the airport or with the radio or electrical communications between
the airport and aircraft.
(4)
No use, building or structure shall emit emissions
of fly ash, dust, vapor, gases or other forms of emissions that may
conflict with any planned operations of the airport.
(5)
No use shall be permitted that will foster an increase
in bird population and thereby increase the likelihood of a bird impact
problem.
(6)
No structure, device or other object shall be placed
or erected that makes it difficult for pilots to distinguish between
airport lights and other lights, results in glare in the eyes of the
pilots using the airport, impairs visibility in the vicinity of the
airport or otherwise endangers the landing, taking off or maneuvering
of aircraft.
(7)
The Town may permit objects that exceed the height
limitations as special exceptions if the Federal Aviation Administration
(FAA) has stated in writing that they will not constitute an undue
hazard to aviation, and provided that the objects are marked in accordance
with the requirements of the FAA.
(8)
Uses lawfully permitted and established prior to the
adoption of these provisions may be maintained, repaired or reconstructed
in accordance with the nonconforming use and structure provisions
of the Zoning Code. However, no structure or object shall be expanded
that will allow it to project or penetrate the airspace surfaces or
otherwise increase the likelihood of hazards to aviation operations.
D.
Consultant review. In its review, the Town Planning
Board shall consult with the Zoning Enforcement Officer, Superintendent
of Highways, other local and county officials and its designated private
consultants, in addition to representatives of state agencies, including
but not limited to the State Departments of Transportation, Health
and Environmental Conservation.
E.
Public hearing. The Town Planning Board may conduct
a public hearing on the application for site plan approval. The public
hearing shall be conducted within 62 days of the receipt of the completed
application and shall be advertised in the official newspaper of the
Town at least five business days before the public hearing. Submission
is the responsibility of the Clerk of the Planning Board.
[Amended 2-18-2024 by L.L. No. 2-2024]
F.
Required referral. Prior to taking action on the site
plan, the Town Planning Board shall refer the site plan, when applicable,
to the Saratoga County Planning Board for advisory review and a report
in accordance with Consolidated Laws of New York State, Town Law §§ 239-l
and 239-m.
Within 62 days of the receipt of a completed
application for site plan approval or within 62 days of the conduct
of a public hearing, whichever shall last occur, the Town Planning
Board shall act on the site plan application.
A.
Action by resolution.
(1)
The Town Planning Board shall act by resolution to
either approve, disapprove or approve with modifications the site
plan application. A copy of the resolution shall be filed in the Town
Clerk's office, by the Clerk of the Planning Board and delivered or
mailed to the applicant within five business days of the Town Planning
Board's action. A resolution of either approval or approval with modifications
shall include authorization to the Town Planning Board Chairman to
stamp and sign the site plan upon the applicant's compliance with
the submission requirements stated herein.
[Amended 2-18-2024 by L.L. No. 2-2024]
(2)
If the Town Planning Board's resolution includes a
requirement that modifications be incorporated in the site plan, conformance
with said modifications shall be considered a condition of approval.
If the site plan is disapproved, the Planning Board's resolution shall
state specific reasons for such decision. In such a case, the Town
Planning Board may recommend further study of the site plan and resubmission
to the Town Planning Board after it has been revised or redesigned.
B.
Submission requirements for stamping. After receiving
site plan approval, with or without modifications, from the Town Planning
Board, the applicant shall within six months submit one print for
the Town of Milton, one Mylar and one print for Saratoga County, if
required, and as many as required by the applicant. The site plan
submitted for stamping shall conform strictly to the site plan approved
by the Town Planning Board, except that it shall further incorporate
any revisions or other modifications required by the Town Planning
Board and shall be accompanied by the following additional information:
[Amended 2-18-2024 by L.L. No. 2-2024]
(1)
A record of application for and approval status of
all necessary permits from federal, state and county officials.
(2)
Detailed sizing and final material specifications
of all required improvements.
(3)
An estimated project construction schedule and, if
a performance guaranty is to be provided by the applicant for all
or some portion of the work, a detailed site improvements cost estimate.
C.
Effect of stamping by the Town Planning Board. Upon
stamping and signing by the Chairman, the Town Planning Board shall
forward a copy of the approved site plan to the Zoning Enforcement
Officer and the applicant. The Zoning Enforcement Officer may then
issue a building permit or certificate of occupancy if the project
conforms to all other applicable requirements.
Reasonable costs incurred by the Town 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 fee required in § 180-52 herein. 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.
No certificate of occupancy shall be issued
until all improvements shown on the site plan are installed or a sufficient
performance guaranty has been posted for improvements not yet completed.
Such performance guaranty shall be posted in accordance with the procedures
specified within § 277 of the Town Law relating to subdivisions.
The amount and sufficiency of such performance guaranty shall be determined
by the Town Planning Board after consultation with the Town Attorney,
the Zoning Enforcement Officer, other local officials or its designated
private consultants.
The Zoning Enforcement Officer shall be responsible
for the overall inspection of site improvements, including coordination
with the Town's private consultants and other local officials and
agencies, as may be appropriate for multifamily residential, institutional,
commercial and light industrial projects, which may include the creation
of as-built drawings.
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this chapter, the requirements of the Chapter 154, Subdivision of Land, or the requirements of the State Environmental Quality Review Act,[1] the Town Planning Board may integrate, if it deems appropriate
and to the extent of its authority under law, site plan review as
required by this chapter with the procedural and/or submission requirements
for such other compliance. Such integration of procedures may require,
upon mutual written consent of the Town Planning Board and the applicant,
reasonable modification of the time schedules otherwise stated in
this chapter or in said related regulations or requirements.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
Any person or persons jointly or severally aggrieved
by any decision of the Town Planning Board on a site plan approval
application 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 be governed
by the specific provisions of Article 78, except that the action must
be initiated as therein provided within 30 days after the filing of
the Town Planning Board's decision in the office of the Town Clerk.
