The Town of Plattekill Planning Board is authorized, in accordance with §§ 274-a and 274-b of the New York State Town Law, to review and approve, approve with modifications or disapprove special uses and site plans. Site plan review shall be required for all special use permits and such other uses as are designated herein and the Town Board may from time to time designate by local law or that the Code Enforcement Officer refers to the Planning Board. The following procedures shall apply.
A. 
An applicant for a special use permit may submit a preliminary site plan for review and advice by the Planning Board, and the Planning Board may require such preliminary site plans. Such a preliminary site plan should provide locations and dimensions of the proposed use in relation to the property boundaries and adjacent uses. It should also indicate all accesses and improvements both existing and proposed and any site features which could have a bearing on the project, including the general topography and existing ground cover. Major improvements on adjoining properties shall typically be indicated.
B. 
This preliminary plan shall be used by the Planning Board as a basis for advising the applicant regarding information it shall require on the site plan before it conducts a public hearing or takes any action with respect to the plan. The Planning Board shall give no approval or disapproval regarding any preliminary site plan but may use it to schedule a public hearing if sufficient data is available, determine if any provisions of this article should be waived or begin its review of the application under the New York State Environmental Quality Review Act (SEQRA). A completed SEQRA environmental assessment shall be submitted.
The Planning Board shall be under no obligation to schedule a public hearing or take any action with respect to a special use permit or site plan review application until application has been made on forms provided by the Board, required fees have been paid and a detailed site plan providing the following information has been submitted:
A. 
The location of all existing watercourses, wooded areas, rights-of-way, roads, structures, other land uses or any other significant man-made or natural feature, if such feature has an effect upon the use of said property.
B. 
The location, use and floor or ground area of each proposed building, structure or any other land use, including sewage disposal and water supply systems.
C. 
The location of all significant landscaping and ground cover features, both existing and proposed, including detailed planting plans and a visual depiction or rendering of the final appearance of the property after all landscaping and other physical improvements are completed.
D. 
The location, dimensions and capacity of any proposed roads, off-street parking areas or loading berths, including typical cross-sections for all paving or regrading involved.
E. 
The location and treatment of proposed entrances and exits to public rights-of-way, including traffic signals, channelizations, acceleration and deceleration lanes, widenings or any other measure having an impact on traffic safety conditions.
F. 
The location and identification of proposed open spaces, parks or other recreation areas.
G. 
The location and design of buffer areas and screening devices to be maintained.
H. 
The location of trails, walkways and all other areas proposed to be devoted to pedestrian use.
I. 
The location of public and private utilities, including maintenance facilities.
J. 
The specific locations of all signs existing and proposed, including a visual depiction of the latter.
K. 
Preliminary architectural plans for the proposed buildings or structures, indicating typical floor plans, elevations, height and general design or architectural styling.
L. 
A completed SEQRA environmental assessment or any additional information related to the SEQRA environmental assessment, as the case may be, to allow the Planning Board to make a determination of environmental impact.
M. 
Environmental testing as may be required to establish the suitability of any site for intended development.
N. 
Any other information required by the Planning Board that is clearly necessary to ascertain compliance with the provisions of this chapter and limited to such information.
O. 
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of the Stormwater Management and Erosion and Sediment Control Law of the Town of Plattekill Code[1] shall be required for final site plan approval. Whether a stormwater pollution prevention plan is required or not, the site plan will include GPS (global positioning system) reference data in a form suitable to the Stormwater Management Officer for stormwater outfalls and permanent structures built in accordance with the New York State Stormwater Management Design Manual.
[Added 12-19-2007 by L.L. No. 4-2007]
[1]
Editor's Note: See Ch. 89, Stormwater Management and Erosion and Sediment Control.
The Town of Plattekill Planning Board shall, pursuant to the Town Law, have the right to waive, when reasonable, any of the procedural requirements of this article for the approval, approval with modifications or disapproval of special use permits and site plans submitted for approval. This waiver authority may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety, or general welfare or are inappropriate to a particular site plan. Any such waiver shall be subject to the following conditions:
A. 
No waiver shall result in allowing a use not permitted within the applicable zoning district.
B. 
No waiver shall be given with respect to standards outside the scope of this article which would otherwise require a variance from the Zoning Board of Appeals.
C. 
Waivers shall be limited to those situations where the full application of the requirements contained herein would generate unnecessary data and create unnecessary costs with regard to deciding the matter at hand, due to the scope or nature of the project involved. The proposed enclosure of a deck or a simple change of use with no significant structural modifications in the case of a commercial property, for example, might not require typical cross-sections for proposed regrading or water supply data.
D. 
An applicant for site plan approval who desires to seek a waiver of certain of the above-referenced requirements pertaining to such applications shall submit a preliminary site plan as provided above. The Planning Board shall review the preliminary site plan, advise the applicant as to potential problems and concerns and determine if any additional site plan information is required. The Planning Board shall consider such site plan as adequate when, in its judgment, the information submitted is sufficient to make a determination of compliance with the development standards contained herein and the intent of site plan review criteria found below.
E. 
Nothing herein shall authorize the Planning Board to waive State Environmental Quality Review requirements.
A. 
A. The Planning Board shall fix a time, within 62 days from the day an application for a special use permit or site plan approval is deemed complete by the Planning Board, for the hearing of any matter referred to under this article. It shall give public notice of such hearing at least five days prior to it in a newspaper of general circulation in the Town and decide upon the application within 62 days after such hearing.
B. 
The Planning Board shall not grant approval before a decision has been made with respect to environmental impacts pursuant to SEQRA. The decision of the Planning Board shall be filed in the office of the Town Clerk and a copy thereof mailed to the applicant within five business days after such decision is rendered.
C. 
Nothing herein shall be construed to entitle any applicant to default approvals in the event of failure to meet specified deadlines.
D. 
Written notice of such hearing shall be mailed to every owner of record of real property within 500 feet of any boundary of the premises that is identified in the notice, with such notice being posted by certified mail with return receipts being filed with the Planning Board prior to the commencement of the hearing. Such notices shall be posted not less than five days prior to the date of the hearing.
[Added 6-7-2006 by L.L. No. 2-2006]
A. 
Conditions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed Special Use Permit or site plan. Upon approval of said permit and/or plan, any such conditions shall be met prior to the actual issuance of permits by the Town. These conditions may include requirements of the applicant to provide parkland or to provide fees in lieu thereof pursuant to § 274-a(6) of the New York State Town Law.
B. 
Referrals. The Code Enforcement Officer and Planning Board are authorized to refer special use and site plan Review applications to other agencies, groups or professionals employed or used by the Town for review and comment and to charge applicants fees for reasonable expenses connected therewith (see also § 110-60G and § 110-71). The Board shall, in particular, ensure that the requirements of § 239-m of the General Municipal Law regarding review by the Ulster County Planning Board are met. It shall also comply with all requirements of the New York State Environmental Quality Review Act.
C. 
Appeals. Any person aggrieved by a site plan review or special use decision of the Planning Board or any officer, department, board or bureau of the Town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules, after exhausting administrative remedies.
D. 
Effect of site plan approval. The site plan as approved by the Planning Board shall be binding upon the applicant. Any changes from the approved plan shall require resubmission and reapproval by the Planning Board. The site plan shall remain effective, as an authorization to establish the use, for a maximum of two years from the date of approval unless the Planning Board shall have granted an extension in writing. Absent such an extension the special use shall be deemed to have expired. A special use which has been discontinued for a period of two or more years shall also be deemed to have lapsed.
E. 
Renewal of permits. The Planning Board may require, at the time it is initially granted, that any special use approval be renewed periodically. Such renewal shall be granted following public notice and hearing and may be withheld only upon a determination that the conditions attached to any previous approval have not been met. A period of 62 days shall be granted the applicant in such cases to make remedies and bring the use into full compliance with the terms of the special use approval. Should the applicant fail to make such remedies, the special use approval shall be revoked and the use immediately discontinued.
F. 
Outstanding violations. Neither the Code Enforcement Officer nor the Planning Board shall be under any obligation to process an special use or site plan review application for a property with outstanding violations of this chapter.
G. 
Professional fees. Applicants for special use approval or site plan review shall pay all professional costs incurred by the Town of Plattekill in the processing and/or review of any such applications. These fees shall be governed by a schedule of uniform fees, charges and expenses adopted by the Town Board under § 110-71 of this Zoning Law.
The Planning Board, in acting upon the site plan, shall also approve, approve with modifications or disapprove any special use permit application connected therewith, taking into consideration not only the criteria contained above and detailed in Article III with respect to particular uses but also the following:
A. 
Whether the proposed use will have a detrimental or positive impact on adjacent properties or the health, safety and welfare of the residents of the Town of Plattekill.
B. 
If the proposed use is one judged to present detrimental impacts, whether an approval could be conditioned in such a manner as to eliminate or substantially reduce those impacts.
C. 
Whether the use will have a positive or negative effect on the environment, job creation, the economy, housing availability or open space preservation.
D. 
Whether the granting of an approval will cause an unreasonable economic burden on community facilities or services, including but not limited to highways, sewage treatment facilities, water supplies and firefighting capabilities. The applicant shall be responsible for providing such improvements or additional services as may be required to adequately serve the proposed use, and any approval shall be so conditioned. The Town shall be authorized to demand fees in support of such services where they cannot be directly provided by the applicant. This shall specifically apply, but not be limited to, additional fees to support fire district expenses.
E. 
Whether the site plan indicates the property will be developed and improved in a way that is consistent with that character which this chapter and the Town's Comprehensive Plan are intended to produce or protect, including appropriate landscaping and attention to aesthetics and natural feature preservation.
F. 
Where an applicant proposes any commercial or industrial use in a residential district, the applicant shall demonstrate that the proposed uses are compatible with residential development and that any impacts associated with such use will be mitigated so that there will be no adverse impact on the residential character of such district.