The purpose of site plan approval is to determine
compliance with the objectives of this chapter in those zoning districts
where inappropriate development may cause a conflict between uses
in the same or an adjoining zoning district by creating unhealthful
or unsafe conditions and thereby adversely affecting the public health,
safety and general welfare.
In the review and approval of site plan applications,
the Planning Board shall have such authority as may be provided in
§ 274-a of the Town Law.
[Amended 3-13-2000 by L.L. No. 1-2000; 2-11-2015 by L.L. No.
4-2015]
A. Site plan approval shall be required in accordance with the provisions
of this article prior to the issuance of a building permit in any
zoning district, the grant of a permit for a new use or change in
use or approval of a special use or modification of a special use,
including but not limited to new structures or uses, expansion, alteration
or modification of existing structures or uses and legal conversion
of an existing structure to another use. The requirement of site plan
approval shall specifically include:
(1) Location and construction of any signs, except those permitted in any zoning district pursuant to §
95-74, Subsection
E, of this chapter, and except where any such sign is otherwise included in an application for site plan approval for overall development of a lot.
(2) Location and construction of a single one- or two-family dwelling
on a single lot not in an approved subdivision (sometimes known as
a "one-lot subdivision").
(3) Location and construction of ponds, except where such pond is included in an application for subdivision of land or in an application for site plan approval for overall development of a lot, or where an excavation permit has been obtained pursuant to Chapter
47 of this Code.
(4) Construction of a building or structure, customarily considered an
accessory building or structure, including but not limited to a garage,
shed or storage building, on a lot in an RA District which is vacant
or on which there is not already existing a principal building or
structure.
(5) Exterior alterations or additions to existing structures in any district
other than an RA District.
B. Notwithstanding the foregoing, the following shall not require site
plan approval pursuant to this article:
(1) Construction of a single one- or two-family dwelling on a single
lot in an approved subdivision.
(2) In an RA District, other than a pond, the location and construction
of permitted accessory structures to one- and two-family dwellings
which are not in excess of 3,000 square feet.
(3) Ordinary repair or maintenance or interior alterations to existing
structures or uses.
(4) In an RA District, exterior alterations or additions to one- and
two-family dwellings.
(5) Excavation and filling operations for which a permit is obtained pursuant to Chapter
47 of the Code of the Town of Riga.
The Planning Board may conduct a public hearing
on the site plan if a majority of the whole Board deems that such
a hearing is in the public interest. The public hearing shall be conducted
within 62 days of the date of application for site plan approval and
shall be advertised in the official newspaper of the Town at least
five days before the public hearing. The applicant shall provide evidence
at the hearing that all landowners within a five-hundred-foot radius
of the proposed project were notified by mail not less than 10 days
before the public hearing.
No building permit or zoning permit shall be
issued pursuant to the provisions of this Article until all expenses
incurred by the Planning Board for consultation fees or other extraordinary
expense in connection with the review of a site plan are reimbursed
by the applicant to the Town.
Whenever the circumstances of proposed development
require compliance with this Article and with any other local law,
ordinance or requirement of the Town, the Planning Board shall attempt
to integrate, as appropriate, site plan review as required by this
Article with the procedural and submission requirements for such other
compliance.
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.
The sufficiency of such performance guaranty shall be determined by
the Town Board, after consultation with the Zoning Enforcement Officer,
attorney for the Town, engineer for the Town or other appropriate
parties.
The Zoning Enforcement Officer shall be responsible
for the overall inspection of site improvements, including coordination
with the engineer for the Town and other officials and agencies, as
appropriate.
[Amended 3-10-2003 by L.L. No. 1-2003]
Site plan approval shall automatically terminate one year after the same is granted unless a building permit has been issued and there is physical evidence that the project is in progress. The one-year time period shall start once all conditions imposed by the Planning Board have been met, and a copy of the plan has been filed with the Town Clerk in accordance with §
95-51A(1) or
(2). If a copy of the plan, endorsed with the approval of the Planning Board, has not been filed with the Town Clerk within 182 days of the date of the Planning Board meeting at which final approval, with or without modifications, was granted, such approval shall expire; provided, however, that the Planning Board may, in its discretion and for good cause shown, extend the time for filing of the endorsed plan for not to exceed two additional periods of 91 days each.