[Amended 8-14-1991 by L.L. No. 1-1991; 12-11-1996 by L.L. No.
5-1996]
A.
In all cases where this chapter requires site plan
review by the Planning Board, no permit shall be issued by the Building
Inspector except upon authorization of and in conformity with the
plans approved by the Planning Board.
B.
As used in this article, the term "site plan" shall mean a rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in this chapter, which show the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Plats showing lots, blocks or sites which are subject to review pursuant to authority provided for the review of subdivisions under § 276 of the Town Law or Chapter 181, Subdivision of Land, shall continue to be subject to such review and shall not be subject to review as site plans under this section.
Notwithstanding any provision of law to the
contrary, where a proposed site plan contains one or more features
which do not comply with the zoning regulations, application may be
made to the Zoning Board of Appeals for an area variance pursuant
to § 267-b of the Town Law, without the necessity of a decision
or determination of an administrative official charged with the enforcement
of this chapter.
The applicant shall cause a site plan map to
be prepared by a civil engineer, surveyor, land planner, architect
or other competent person.
The Planning Board shall have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to a proposed site plan. Upon its approval
of said site plan, any such conditions must be met in connection with
the issuance of permits by the Town Building Inspector.
The following information must be submitted
to the Planning Board for site plan approval:
A.
General.
(1)
A map showing the parcel in relationship to adjacent
parcels, streams, all drainage and watercourses, street rights-of-way
and street intersections and all other structure uses.
(2)
A map of the entire parcel showing the location, dimensions
and the proposed use of all buildings, parking and loading areas and
access and egress thereto; all site improvements, including proposed
grades, walkways, driveways, lights, fences, walls, signs, drainage
facilities, benches and landscaped areas, including trees and other
plantings; and all other structures and improvements other than the
natural state of the land.
B.
Particular.
(1)
An area map at a convenient scale, which shall include
streams, street rights-of-way and street Intersections; the location
of the proposed development in relation to the nearest public roads
on all four sides; and all public improvements, such as schools, firehouses,
etc.
(2)
A map of applicant's entire holding at a convenient
scale.
(3)
The names of all owners of record of adjacent properties.
(4)
Existing school, zoning and special district boundaries
within 500 feet of the tract.
(5)
An accompanying statement setting forth the nature
of all proposed modifications of existing zoning provisions.
(6)
Boundaries of the property and existing lot lines,
Tax Map numbers, as shown on the existing Tax Map (by section, block
and lot).
(7)
A copy of any covenants or deed restrictions that
are intended to cover all or any part of the tract.
(8)
The location of all existing structures on the site,
as well as those on adjacent properties within 100 feet of subject
lot line.
(9)
The proposed location, height, spacing and use of
all proposed and existing buildings and structures and outdoor signs.
(10)
The proposed location of any use not requiring
a structure, including walkways, benches, fences and recreational
facilities.
(11)
The location of existing and proposed usable
open spaces and recreational areas and their landscaping.
(12)
Plans and plan elevations, except structural
and mechanical plans, of all buildings or structures, or accessory
structures, including all proposed freestanding signs, proposed to
be altered.
(13)
All existing and proposed means of vehicular
access and egress from the site.
(14)
The location and design of all driveways, off-street
open and enclosed (if any) parking and loading areas, with the number
of stalls provided therewith, and curbing provided or to be provided.
(15)
The location of all existing water lines, valves
and hydrants and all sewer lines.
(16)
Existing and proposed storm drainage system.
(17)
Existing and proposed fencing, landscaping,
buffer strips and screening, where required.
(18)
The proposed location, direction and type of
outdoor lighting.
(19)
Existing and proposed contours with intervals
of five feet or less extending 50 feet beyond the tract.
(20)
The location of existing watercourses, wooded
areas, rock outcrop and single trees with a diameter of 12 inches
or more measured four feet above ground level.
(21)
In the case of uses requiring approval of the
Orange County Department of Health and/or the New York State Department
of Environmental Conservation, the approval of said Departments.
(22)
Where the applicant wishes to develop the project
in stages, a site plan indicating ultimate development.
(23)
Any additional data required by the Planning
Board where it is warranted due to special conditions of the site
or complexity of the proposed development.
A.
In the case of a one-family or two-family detached
dwelling to be constructed on an approved, existing vacant lot, the
Building Inspector may, in his or her discretion, issue the requisite
permits under this chapter without formal review by the Planning Board,
provided that the plot plan presented meets the following requirements,
in addition to all other requirements of applicable laws:
(1)
Minimum front yard: sixty-foot set back from lot line.
(2)
Minimum rear yard: fifty-foot set back from lot line.
(3)
Minimum side yards: forty-foot, one side; eighty-foot
aggregate, provided that any side yard with a garage located on that
side shall be a minimum of 30 feet.
(4)
Minimum lot width: 150 feet at the site of the dwelling,
and in the case of odd shaped lots, the width shall be determined
as follows:
(a)
A line drawn connecting the two corners of the
lot fronting the road.
(b)
Lines, parallel to that set forth in Subsection A(4)(a), running through the corner of the house closest to the road and the comer of the house farthest from the road. A lot width of 150 feet must exist at the midpoint between the two lines set forth in this subsection.
(c)
On new culs-de-sac approved by the Planning Board, lot width must be a minimum of 50 feet at the street line and must expand to the minimum of 150 feet at the front yard setback line. The front yard setback line is set forth in Subsection A(1) of this section. The dimensions of a cul-de-sac are set forth in § 181-24J of the subdivision regulations of the Town.[1] These regulations set forth a minimum diameter and outside
diameter. The dimensions of the cul-de-sac and the dimensions of the
potential lots created around the cul-de-sac must conform to the attached
diagram.[2] Lots around the cul-de-sac shall be limited to four lots.
[Amended 4-2-2009 by L.L. No. 2-2009]
[2]
Editor's Note: Said diagram is included at the end of this chapter.
(5)
Minimum lot area (one-family): two acres.
(6)
Minimum lot area (two-family): three acres.
B.
The Building Inspector may decline to approve any such plan, in his or her discretion, and refer the matter to the Planning Board for site plan review. However, such referral shall be made only in cases where the Building Inspector determines that the plan submitted may not meet the requirements of this section, and in such case, the referral by the Building Inspector to the Planning Board shall be accompanied by a written determination as to what portions of this section are in question. The fee for such review shall be as provided in Chapter A212, Fees.
In reviewing any site plan, the Planning Board
shall take into consideration the public health, safety and general
welfare, the comfort and convenience of the public in general and
of the residents of the immediate neighborhood in particular and the
intentions of the Town's Master Plan and may attach reasonable conditions
and safeguards as a precondition to its approval. The Planning Board
shall consider the special conditions set forth for any use requiring
Planning Board site plan review in the Index of Uses[1] and the following general objectives:
A.
Fire and police protection. That all proposed structures,
equipment or material shall be readily accessible for fire and police
protection.
B.
Harmony. That the proposed use shall be of such location,
size and character that, in general, it will be in harmony with the
appropriate and orderly development of the district in which is proposed
to be situated and will not be detrimental to the orderly, efficient,
economical and healthful development of adjacent properties and the
Town as a whole in accordance with the zoning classification of such
properties.
C.
In or adjacent to residential uses. That, in addition
to the above, in case of any use located in, or directly adjacent
to, a residential use:
(1)
The location and size of such use, the nature and
intensity of operations involved in or conducted in connection therewith,
its site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
or inconvenient to or incongruous with said residential use or conflict
with the normal traffic of the neighborhood.
(2)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings or impair the value thereof.
[1]
Editor's Note: The Index of Uses is included at the end of this chapter.
In approving the plans for a particular use
the Planning Board shall give specific consideration to the design
of the following in the development plan:
A.
Traffic access. That all proposed traffic accessways
are adequate but not excessive in number, adequate in width, grade,
alignment and visibility; not located too near street corners or other
places of public assembly; and other similar safety considerations.
B.
Circulation and parking. That adequate off-street
parking and loading spaces are provided to prevent parking in public
streets of vehicles of any persons connected with or visiting the
use and that the interior circulation system is adequate to provide
safe accessibility to all required off-street parking.
C.
Landscaping and screening. That all playground, parking
and service areas are reasonably screened at all seasons of the year
from the view of adjacent residential lots and streets and that the
general landscaping of the site is in character with that generally
prevailing in the neighborhood. Existing trees over 12 inches in diameter
should be preserved to the maximum extent possible.
D.
Character and appearance. That the character and appearance
of proposed use, buildings and/or outdoor signs will be in general
harmony with the character and appearance of the surrounding neighborhood
and that of the Town of Greenville and will not adversely affect the
general welfare of the present and future inhabitants of the Town
of Greenville.
A.
Public hearing. The Planning Board shall conduct a
public hearing within 62 days from the day an application is received
on any matter referred to it under this section. The Planning Board
shall mail notice of said hearing to the applicant at least ten days
before said hearing and shall give public notice of said hearing in
the official newspaper of the Town at least five days prior to the
date thereof.
[Amended 12-11-1996 by L.L. No. 5-1996]
(1)
At least ten days before such hearing, the Planning
Board shall mail notices thereof to the Orange County Planning Board,
as required by § 239-m of the General Municipal Law, which
notice shall be accompanied by a full statement of the matter under
consideration, as defined in § 239-m, Subdivision (2), of
the General Municipal Law.
(2)
If the land involved in an application lies within
500 feet of the boundary of another municipality, the Secretary of
the Planning Board shall also transmit to the municipal Clerk of such
other municipality a copy of the official notice of the public hearing
thereon not later than the day after such notice appears in the official
newspaper of the Town.
B.
In reviewing the application, the Planning Board may
secure the advice or assistance of one or more expert consultants
qualified to advise as to whether a proposed use will conform to the
requirements of this chapter or will be operated in conformance with
the performance standards and, if not, what modification in design
or operation would be necessary for conformance. A copy of the report
of such consultants shall be furnished to the Planning Board, Building
Inspector and the applicant. The Planning Board shall comply with
the provisions of the State Environmental Quality Review Act under
Article 8 of the Environmental Conservation Law and its implementing
regulations.
[Amended 12-11-1996 by L.L. No. 5-1996]
C.
Decision. The Planning Board shall make a decision
upon the application within 62 days after the public hearing. The
time within which the Board must render its decision may be extended
by mutual consent of the applicant and the Board. The decision of
the Planning Board shall be filed in the office of the Town Clerk
within five business days after such decision is rendered, and a copy
thereof must be mailed to the applicant.
[Amended 12-11-1996 by L.L. No. 5-1996]
D.
Application and fee. All such applications made to the Planning Board shall be, in writing, on forms prescribed by the Board and shall be accompanied by a fee set from time to time by resolution of the Town Board in Chapter A212, Fees. Said fees are in addition to all other fees as set forth in this section and shall comprise a nonreturnable review fee for a review under the terms of this section. If site plan is simultaneous with subdivision review, the Planning Board shall, at its discretion, waive one or the other of the review fees. These fees shall be total fees for a single-family dwelling site plan, not to exceed two families.[1]
E.
Submission of plans. Submission of plans meeting all
requirements shall be accomplished within six months of date of application
and payment of fees. A six-month extension may be granted by the Planning
Board upon application.
F.
Approval. Site plan approval shall be void after a
one-year period from date of approval unless a building permit has
been issued.
G.
After
approval of the final subdivision plat by the Planning Board, prior
to any construction beginning at the property covered by the approved
plat, the applicant/owner/developer must execute a development agreement,
on a form approved by the Town. The language of said development agreement
and the language of the Zoning Law shall be read and interpreted to
as to compliment and supplement each other and not to be in any way
in conflict with each other.
[Added 6-17-2010 by L.L. No. 1-2010]
The Board may require that its approval be periodically
renewed. Such renewal shall be granted and may be withheld only upon
a determination by the Building Inspector to the effect that such
conditions as may have been prescribed by the Board in conjunction
with the issuance of the original permit have not been or are being
no longer complied with. In such cases, a period of six days shall
be granted the applicant for full compliance prior to the revocation
of the said permit. Any use authorized by the Planning Board shall
be deemed to be a conforming use in the district in which such is
located provided that:
