A.
Purpose. This article is hereby enacted in order to
ensure that proposed development and use of land within the unincorporated
area of the Town of Newburgh will have a harmonious relationship with
the existing or permitted use of contiguous land and of adjacent neighborhoods
and to ensure that the health, safety, welfare, comfort and convenience
of the public is fully considered.
B.
Authority. In all cases where this chapter requires authorization and approval of plans by the Planning Board, no building permit shall be issued by the Building Code Enforcement Officer except upon authorization of and in conformity with the plans approved by the Planning Board. In all cases where a change of use for a site is proposed to a use identified as a use subject to site plan review by the Planning Board in § 185-10, approval of plans by the Planning Board in accordance with the provisions of this chapter is required, except that for buildings with areas under 2,500 square feet it shall be the Planning Board's determination as to whether or not a review by the Planning Board is required. Such determination shall be made by resolution of the Planning Board following a discussion during a scheduled meeting or work session. Acting under the provisions of § 274-a of the Town Law of the State of New York, the Town Board hereby authorizes the Planning Board to review and approve, to approve with modification or to disapprove site plans and uses as hereinafter set forth.
The application procedure for site plan approval
shall involve a four-stage process: presubmission conference, sketch
plan review, preliminary site plan review (optional), public hearing
(when required) and Architectural Review Board referral (when required)
and final site plan review. The Planning Board may adopt such rules
and regulations as may be required to implement the application procedure.
A.
Presubmission conference. Following receipt of an
initial site plan application, the applicant shall meet in person
with the Planning Board staff. The purpose of such conference shall
be to discuss proposed uses or development in order that the necessary
subsequent steps may be undertaken with a clear understanding of the
Planning Board's requirements in matters relating to site development.
B.
Sketch plan review.
(1)
In order to allow the Planning Board and the applicant
to reach an understanding on basic design requirements prior to the
preparation of detailed plans, the applicant shall submit a sketch
plan of the proposed project. Within 10 business days following the
applicant's first appearance before the Planning Board, the applicant
shall forward a letter prepared by the Planning Board or an authorized
agent of the Planning Board to all property owners within 500 feet
of the land involved in the application, as the names of such owners
appear on the last completed assessment roll of the Town, notifying
the property owners of the receipt of the plan and application, by
first-class mail. The list of property owners shall be obtained by
the applicant from the Town's Assessor. The applicant shall thereafter
submit a duly executed, notarized affidavit of mailing to the Planning
Board. Further appearances before the Planning Board shall be prohibited
until an affidavit meeting the requirements has been delivered. In
the event a modification to an application proposes a modification
in a proposed use, an increase in the number of buildings or an increase
of more than 10% in the height or footprint of a proposed building
or structure, other than an accessory building or structure, then
a supplementary letter shall be required to be forwarded in the same
manner advising of the modification. Said sketch plan shall be drawn
to scale, though it need not be to the precision of a finished engineering
drawing, and it shall indicate the following information:
[Amended 4-1-2013 by L.L. No. 2-2013]
(a)
The location and types of the various proposed
uses and their area in acres or, if the site is less than two acres,
in square feet.
(b)
Delineation of all residential areas, indicating
for each such area its general location, acreage and composition in
terms of total number of dwelling units, the mix of dwelling unit
types in numbers of each type of unit and as a percentage of each
type of the total number of units and the calculation of the residential
density in dwelling units per gross acre of the site area and per
net acre of the developed area of the site.
(c)
The general outlines of the interior roadway
system and all existing public and private rights-of-way and easements.
(d)
The location and the area of any common open
space.
(e)
A location map showing uses and ownership of
abutting lands.
(f)
The overall drainage system, including existing
water bodies.
(g)
Provisions for sewers, water supply and other
required utilities.
(h)
Any areas within 200 feet of Chadwick Lake.
(i)
Any areas within 100 feet of any drainageway
tributary to Chadwick Lake.
(j)
Any areas with slopes between 15% and 20%, between
20% and 25% and in excess of 25%.
(k)
Any areas within 100 feet of any protected wetland.
(l)
Any areas within any one-hundred-year floodplain.
(m)
An outline of all soil types occurring on the
property, as mapped by the Orange County Soil and Water Conservation
District in Soil Survey of Orange County, New York, published by the
United States Department of Agriculture, Soil Conservation Service,
in 1981, or a more recent edition, if any, with any areas of alluvial
soil types: Alden soils, Barbour fine sandy loam, Basher fine sandy
loam, Canandaigua silt loam, Carlisle mucks, Halsey silt loam, Histic
humaquepts, Madalin silt loam, Scarboro mucky sandy loam, Suncook
sandy loam, Tioga silt loam, Udifluvents-Fluvaquents complex, Wallkill
silt loam and Wayland silt loam, shaded in such a way as to distinguish
them from all other types.
(n)
Utility and other easements.
(o)
Any environmentally sensitive or unique features,
such as, but not limited to, rock escarpments and stands of mature
trees.
(2)
The Planning Board shall review the sketch plan and
related documents and shall render either a favorable report or an
unfavorable report to the applicant. A favorable report shall in no
way imply immediate or eventual approval status, it is merely intended
to convey to the applicant the relative assurance that the development
as conveyed is basically conforming to the Master Plan[1] of the Town of Newburgh and its implementing land use
regulations, with or without suggested modifications.
[1]
Editor's Note: The Master Plan is on file
in the Town offices.
C.
Preliminary site plan review. If a particular application
is, in the opinion of the Planning Board, of sufficient complexity
to warrant review in stages, the Planning Board may defer the submission
of certain requirements and detailed engineering work, rendering a
preliminary decision on the basis of a less-than-complete submission,
similar to the review of a major subdivision according to the Town
Subdivision Regulations.[2]
D.
Final site plan review. Within six months, or such longer period as is required to complete any required environmental or other regulatory review, of the presubmission conference, 16 copies of the application for preliminary (see Subsection C above) or final site plan approval shall be filed with the Secretary of the Planning Board accompanied by a detailed development plan prepared by a licensed architect or professional engineer under his/her professional seal, provided on a certified survey of the site, which shall be prepared by a licensed surveyor, which plan and application shall contain all the information included on the sketch plan in addition to that specified below:
(1)
The name and address of the owner of the lot, the
applicant, if different, the applicant's agent or representative,
if any, and all professionals involved in the preparation of material
submitted in connection with the application; if the owner is not
the applicant, clear, written permission is required from the owner
stating that he/she consents to the application, further indicated
by the owner cosigning the application.
(2)
A location map at a scale not smaller than one inch
equals 2,000 feet showing nearby roads, neighborhoods and water bodies.
(3)
A survey of the lot at a scale not smaller than one
inch equals 100 feet, prepared to scale and certified by a professional
engineer or licensed land surveyor, showing all boundary lines, bearings,
measurements, areas, existing structures, water bodies, rock outcrops,
vegetation and contours at two-foot intervals. The data shall extend
at least 100 feet beyond the boundaries of the lot.
(4)
The locations, names and present widths of existing
and proposed streets, highways, easements, curblines, alleys, parks
and other proposed public open spaces and similar facts regarding
adjacent properties.
(5)
The location of any existing sewage collection or
sewage treatment and disposal systems and the location and size of
any water main, culvert or drain on or immediately adjacent to the
property.
(6)
The provisions of this chapter applicable to the property
and any zoning district boundaries affecting the property and any
proposed change in such chapter as it affects the property.
(7)
The locations and owners of all adjoining lands as
shown on the latest tax records.
(8)
A recorded deed or ownership and recorded copies of
all existing and proposed deed restrictions and covenants applying
to the property, including mortgages, and location of all existing
and proposed easements.
(9)
The location and width of any streets or other public
ways or places within or adjacent to the property shown upon the Official
Map of the Town and the Master Plan[3] of the Town, if any, and the location, width, grades and
profile of any street or other public way proposed by the applicant.
[3]
Editor's Note: The Official Map and the Master
Plan are on file in the Town offices.
(10)
The location of all access points to the property
and the distance of each to the center line of the nearest intersecting
street.
(11)
Typical cross sections of the proposed final
grading, roadways, sidewalks and any unusual topographic conditions,
including detailed information relative to methods to be used to retain,
stabilize and/or refurbish regraded areas.
(12)
The approximate boundary of any wetland and
of any one-hundred-year floodplain or other area subject to flooding
or stormwater overflow and, within any such area, the water surface
elevation of the one-hundred-year base flood.
(13)
The location of all trees over eight inches
in diameter, measured four feet above ground level.
(14)
A list of all special improvement districts
affecting the property and boundaries of such districts within the
property.
(15)
A description of all existing buildings and
structures not designated for demolition or removal and all changes
or improvements proposed on the subject lot, including the locations,
dimensions, design, floor plans and all elevations of any proposed
buildings or structural improvements.
(16)
Any proposed division of buildings and structures,
including the proposed division of any building into units of separate
occupancy.
(17)
The location of all uses not requiring a structure,
including the locations, dimensions and materials of proposed parking
or loading areas and the number of spaces provided, including the
proposed location and design of all parking and access facilities
as are required for the handicapped pursuant to the New York State
Uniform Fire Prevention and Building Code, and the location of traffic
safety devices and directional flow of on-site traffic.
(18)
The locations, height, design, directions, power
and schedule of usage of any proposed outdoor lighting, public address
systems or power and communication facilities.
(19)
The locations, dimensions, materials, plans
and elevations of any proposed outdoor sign.
(20)
Any proposed grading, fencing, screening or
other landscaping, including types and locations of proposed trees,
and location, height, quality and design of all landscaping and buffer
areas.
(21)
The source of water supply and the location
of all proposed waterlines, valves, hydrants and available fire protection,
including the location of fire and other emergency zones.
(22)
Unless or until a public or central sanitary
sewer system is available, the alternative means of treatment and
disposal of sewage proposed, including the locations and results of
percolation and other tests to ascertain subsurface soil, rock and
groundwater conditions, and the depth to groundwater and bedrock shall
be shown. If a public or central sanitary sewer system is available
or proposed, the location of all proposed sewer lines, pump stations
and any treatment plant shall be shown.
(23)
The provisions for controlling storm drainage
in the form of a drainage plan.
(24)
The location of all proposed gas, electric power
and communication lines.
(25)
The location of any outdoor storage, including
the location and type of trash and rubbish collection facilities.
(26)
The location, height, design and direction of
all exterior and rooftop structures and facilities, including the
placement of noise baffles and appropriate screening.
(27)
The location of temporary markers adequate to
locate and evaluate the basic layout in the field.
(28)
If the property is to be developed in stages
and the applicant wishes approval for only one stage, a supplementary
plan shall be submitted showing the ultimate development and all other
stages.
(29)
Any other information deemed necessary for the
Planning Board to determine conformity of the site plan with the intent
and regulations of this chapter.
(31)
Letters, permits and approvals of any other
agencies having jurisdiction over the proposed project, with their
comments on the site plan.
(32)
For any site requiring side or rear yard buffers,
a contextual map which includes topography, vegetation associations,
buildings, roads, and natural features such as wetlands and streams
for a distance of 200 feet beyond the property boundary. The contextual
map may be based on aerial photographs and/or topographic maps. The
Planning Board may determine to extend the distance up to 500 feet
beyond the boundary depending on location, terrain and cultural uses.
[Added 3-5-2007 by L.L. No. 1-2007]
E.
Waiver of requirements. Upon a finding by the Planning Board that, due to the particular character or limited nature of a development, or change in use, or to special conditions peculiar to a site, the submission of a sketch plan or preliminary and/or final site plan or of certain portions of the information normally required as part of the site development plan as set forth in Subsections B and D of this section are inappropriate or unnecessary or that strict compliance with said submission requirements will cause extraordinary and unnecessary hardship, the Planning Board may vary or waive such submission requirements wherever, in the opinion of the Planning Board, such variance or waiver will be consistent with the goal of promoting the public health, safety, comfort, convenience and general welfare of the community. The findings for granting such waiver of submission requirements shall become a part of the public record.
[Amended 9-23-1998 by L.L. No. 10-1998]
F.
Applications requiring a variance or a special permit.
Because applications for site plan approval must comply in full with
this chapter, any application requiring a variance or a special permit
must show that such variance or special permit has been granted (or,
where permitted by this chapter, that such special permit application
is simultaneously submitted to the approving agency) by the appropriate
agency prior to the filing of the final site plan application with
the Secretary of the Planning Board.
G.
Fees. Every application for site plan approval shall be accompanied by a fee as prescribed by Chapter 104, Fees, of this Code to help defray the costs of processing the site plan application. Additionally, should the approving agency deem it necessary to hire consultants for technical review, the applicant shall be required to bear the expense, not to exceed the total cost to the Town. In addition, if deemed necessary by the approving agency, the applicant shall be required to bear the costs of on-site inspection by technical consultants employed by the Town.
H.
General considerations.
(1)
In authorizing any use, the Planning Board shall take
into consideration the public health, safety and general welfare and
the comfort and convenience of the public in general and of the residents
of the immediate neighborhood in particular and may attach reasonable
conditions and safeguards as a condition to its approval.
(2)
Prior to authorizing any application subject to site plan review by the Planning Board, the Board shall make such application available for review to the Building and Code Enforcement Officer of the Town of Newburgh and other relevant agencies of the Town who shall have a period of 10 days to report their recommendations to the Planning Board. The Board shall consider such recommendations and the special conditions set forth for any use requiring site plan review by the Planning Board as provided by Articles V and VI of this chapter and the following general objectives:
(a)
That all proposed structures, equipment or material
shall be readily accessible for fire and police protection.
(b)
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 it is
proposed to be situated and will not be detrimental to the orderly
development of adjacent properties in accordance with the zoning classifications
of such properties.
(c)
That, in addition to the above, in the case
of any use located in or directly adjacent to a residential district:
[1]
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its layout on the site 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
district or conflict with the normal traffic of the neighborhood.
[2]
The location and height of buildings, the location,
materials and height of any walls and fences and the types 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.
I.
Development standards. In approving the plans for
a particular use, the Planning Board shall give specific consideration
to the design of the following:
(1)
Traffic access. Proposed traffic accessways shall
be:
(2)
Circulation and parking. Adequate off-street parking
and loading spaces shall be provided to prevent parking in public
streets of vehicles of any person connected with or visiting the use.
The interior circulation system shall be adequate to provide safe
accessibility to all off-street parking spaces.
(3)
The site shall be well drained and shall have such
grades and soil as to make it suitable for the purpose intended.
(4)
Drainage. Storm runoff shall be controlled in such
a manner that no person, property or facilities are vulnerable to
injury or damage by the discharge of stormwater or its effects. Wherever
possible, runoff shall be controlled on the land surface by the use
of broad, gentle swales. The site plan shall provide for retention
basins sufficient to maintain discharge from the site at the predevelopment
rate, as calculated by the Soil Cover Complex Method outlined in Technical
Release 55 (TR 55) of the United States Department of Agriculture,
Soil Conservation Service. Erosion shall be strictly controlled by
adequate grading, energy dissipators and ground cover. Silt basins
or barriers shall be constructed where necessary to control siltation
in downstream water bodies. Whenever possible, drainage shall be piped
through or diverted around construction areas to minimize erosion
and transport of sediment during construction.
(5)
Landscaping and screening. All playgrounds, parking
and service areas shall be reasonably screened at all seasons of the
year from the view of the adjacent residential lots and streets, and
the general landscaping of the site shall be in character with that
generally prevailing in the neighborhood. Existing trees over 12 inches
in diameter shall be preserved to the maximum extent possible.
(6)
Character and appearance. The character and appearance
of any proposed use, building or outdoor sign shall be in general
harmony with the character and appearance of the Town of Newburgh
and shall not adversely affect the general welfare of the inhabitants
of the Town of Newburgh.
(7)
Open space in residential developments. The site development
plan shall make provisions for open space and recreational facilities.
Existing drainage courses, water bodies and scenic features shall
be preserved in residential developments to the maximum extent possible.
Greenbelts and pedestrianways shall be preserved or provided wherever
appropriate.
(8)
Americans with Disabilities Act. The site and structures
shall comply with the requirements and standards of the "Americans
with Disabilities Act," 42 U.S.C. § 12101 et seq., and any
regulations promulgated thereunder. Where, however, this chapter or
other applicable laws, codes, rules or regulations impose stricter
requirements for accommodation for the disabled, those stricter standards
shall apply.
[Added 9-23-1998 by L.L. No. 10-1998]
J.
Referral. The Planning Board may forward one copy
of the site plan application to the Town Engineer, the Building and
Code Enforcement Officer, the Water Department, the Fire District,
the Police Department, the County Planning Department and the State
Department of Transportation (if the site plan shows frontage along
a state highway) and any other local, county, state, regional and
federal agencies having jurisdiction, as well as to any technical
consultants that the Planning Board, in its discretion, deems necessary
or appropriate for a thorough review of the application.
K.
Public hearings.
(1)
Before authorizing any use or approving any plan, the Planning Board may hold a public hearing, the notice for which shall be subject to the same requirements established by this chapter for hearings by the Zoning Board of Appeals in § 185-55. Such notice shall additionally include the following information, as of the date of publication: the size of the lot(s), the number of buildings and size of each building's footprint, number of stories and height of each building or structure, and a detailed description of the proposed use provided by the applicant, or where the use classification is generic and the applicant cannot commit to a particular use at the time of the application, a description of the possible uses to which the site might be put as permitted by the applicable Table of Use and Bulk Requirements[5] for the classification of use subject to site plan approval
for which approval is requested.
[Amended 4-1-2013 by L.L. No. 2-2013]
[5]
Editor's Note: The Table of Use and Bulk Requirements is included at the end of this chapter.
(2)
When the Planning Board finds that a public hearing
is required, it shall set a date for a public hearing on site plan
approval within 45 days of determining that the application for site
plan approval is complete.
L.
Performance guaranty. The approving agency may require
that public improvements and landscaping be secured by a performance
guaranty in the same manner prescribed for such improvements in the
Town Subdivision Regulations[6] and/or through the use of letters of credit approved as
to form by the office of the Town Attorney and as to substance by
the Planning Board.
[Added 3-1-2010 by L.L. No. 3-2010]
See Chapter 157 of the Town of Newburgh Municipal Code regarding stormwater management. A stormwater management plan consistent with the requirements of Chapter 157 shall be required for preliminary site plan approval and final site plan approval. The stormwater management plan shall meet the performance and design criteria and standards in Chapter 157. The approved site plan shall be consistent with the provisions of Chapter 157.
A.
Decision. The Planning Board shall render a decision
on an application for site plan approval within 45 days of closing
the public hearing on site plan approval or, if no public hearing
on site plan approval is held, within 45 days of determining that
the application for site plan approval is complete. The decision of
the Planning Board shall be filed immediately in the office of the
Town Clerk, and a copy shall be mailed to the applicant. The time
within which a decision must be rendered by the Planning Board may
be extended by mutual consent of the Planning Board and the applicant.
B.
Filing of approved site plan with Building and Code
Enforcement Officer. The approved site plan shall be revised by the
applicant to include all conditions imposed by the Planning Board.
It may then be signed and dated by the Chairman of the Planning Board.
The Planning Board shall submit a signed copy of the approved site
plan, revised as set forth above, to the Building and Code Enforcement
Officer.
C.
Subsequent alteration or amendment. After approval
of a complete site plan, subsequent applications for alterations which
are referred to the Planning Board by the Building and Code Enforcement
Officer need only contain documents and information which directly
relate to the alteration under consideration. However, the alteration
will be considered in relation to the entire site plan as previously
approved.
D.
Renewal. The Planning Board may require that its approval
be periodically renewed. Such renewal shall be granted following due
public notice and hearing where required by the Planning Board and
may be withheld only upon a determination by the Building and Code
Enforcement Officer 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 no longer being complied with.
In such cases, a period of 60 days shall be granted the applicant
for full compliance prior to the revocation of said permit.
E.
Time period. Approval of a site plan shall be valid
for two years from the date the Planning Board decision is filed in
the office of the Town Clerk, after which time the approval shall
be null and void unless a building permit has been issued. If no building
permit has been issued within that time, the plan must be resubmitted
to the Planning Board for approval. If there is not substantial change
in the condition of the site, and/or its environs and/or the zoning
requirements, site plan approval may be extended by the Planning Board
for one year. This provision is intended to and does amend § 274-a
of the Town Law as last amended by Chapter 805 of the Laws of 1977
in its application to the Town of Newburgh.
[Amended 9-23-1998 by L.L. No. 10-1998]
F.
Authorized use deemed to be conforming. Any use authorized
by the Planning Board shall be deemed to be a conforming use, provided
that:
