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.
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 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.
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.
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:
A. The provision in this chapter under which such permit
was issued is still in effect;
B. Such permit was issued in conformity with the provisions
of this chapter; and
C. Such permit will be deemed to effect only the lot
or portion thereof for which such permit shall have been granted.