The purpose of this article is to allow the proper integration in the community of uses and actions listed in Articles III and IV of this chapter. Because of their characteristics or the special characteristics of the area in which they are to be located, these uses and actions require special consideration so that they may be properly located and planned with respect to:
A.
The objectives of this chapter.
B.
Their effect on surrounding properties.
C.
The ability of the Town to accommodate the growth
resulting from the proposed use without undue adverse affect on the
Town and its citizens and taxpayers and the protection of the health,
safety and welfare of the Town and its citizens.
D.
The objectives of the Comprehensive Plan.
A land use or development involving a use or expansion of a use listed as a site plan review use in Articles III and IV hereof shall not be undertaken unless and until the Planning Board has approved, with conditions as may be applicable, such use and the Code Enforcement Officer has issued a permit for such land use or development pursuant to the terms of Article XVII hereof. No building permit for a use requiring site plan review shall be valid without site plan approval. When a site plan review is triggered, the Planning Board is empowered to apply all of the requirements of this chapter to its review of the site plan. Any project requiring a building permit and that is listed as a site plan review use in Article III requires site plan review. Any change in use for a use that requires site plan review, whether or not it triggers a change in site requirements, shall be subject to site plan review.
In accordance with § 274-a of the
Town Law, the Planning Board is authorized to review and approve,
approve with modifications or disapprove site plans, prepared to specifications
set forth in this chapter and in regulations of the Planning Board,
showing the arrangement, layout and design of the proposed use of
the land shown on such plan. When the Planning Board disapproves a
site plan, it may make recommendations for changes that will result
in approval of a revised plan.
Application for project approval shall be made to the Planning Board using forms supplied by the Board. Applications shall include reasonably sufficient information for the Board to make its findings under § 210-40 below. In determining the content of these application forms, the Planning Board may provide for different informational requirements for different classes or types of projects; but with each certain class or type of project, the same information required by these various application forms may include any or all of the following:
A.
A detailed description of the natural features of
the project and its components, including all proposed roads and accesses,
water supply and sewage disposal systems, and their relationship to
natural features.
B.
An analysis, with supporting data, on the impact of
the project on the environment, both during construction and thereafter.
In addition to the fee listed on the Schedule
of Fees, the Planning Board may charge a fee to developers of projects
requiring legal and technical review, provided that the fee charged
reflects the actual cost of legal and technical assistance to the
Planning Board. This fee is not to exceed $1,000 without notice to
the applicant.
A.
For applications within 500 feet of the Town boundary
or a proposed or existing State or County park or recreation area,
right-of-way, parkway, throughway, road or highway, stream drainage
channel or easement, public building or institution, not later than
10 days following receipt of a complete application for said project,
the Code Enforcement Officer shall notify and furnish the Saratoga
County Planning Board, in accordance with General Municipal Law §§ 239-l
and 239-m, with such pertinent information as the Saratoga County
Planning Board may deem necessary for review and comment.
B.
The Planning Board shall fix a time, within 31 days
from the day an application for site plan approval is made, for the
hearing of any matter referred to it under this section if a public
hearing is deemed necessary by the Planning Board. No site plan review
project may be disapproved unless a hearing shall have first been
held on the project application. The Planning Board shall give public
notice thereof by the publication in the official newspaper of such
hearing at least five days prior to the date thereof.
C.
The Planning Board shall decide on the application
within 31 days after such a hearing or after the application is filed
if no hearing has been held; provided, however, that the time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Planning Board.
D.
The decision of the Planning Board shall promptly be filed in the office of the Town Clerk and a copy thereof mailed to the applicant. The decision shall contain such findings of fact as are required by § 210-40 hereof. The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings (whether by deed restriction, restrictive covenant or other similar appropriate means to ensure that guidelines as to intensity or development as provided in this chapter shall be respected) and the imposition of reasonable conditions to ensure that the project will be adequately supported by services and improvements made necessary by the project and to ensure that the project will be completed in accordance with the terms of the application and any permit. In addition, the Planning Board may require that the Code Enforcement Officer incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.
E.
Unless otherwise specified or extended by the Planning
Board, a decision on any site plan review shall expire if the applicant
fails to undertake the proposed action or project, to obtain any necessary
building permits, to construct any proposed new building(s) or change
any existing building(s) or to comply with the conditions of said
authorization within one year from the filing date of such decision
thereof.
The Planning Board shall not approve a use unless it first determines that such site plan review use meets the requirements of Article III and that such site plan review use meets any additional standards and requirements of the environmental and performance standards applicable to that use. In order to approve any site plan review use, the Planning Board shall find that:
A.
The use complies with all other requirements of this
chapter, including the dimensional regulations of the zoning district
in which it is proposed to be located.
B.
The use would be in harmony with the general purpose
or intent of this chapter, specifically taking into account the location,
character and size of the proposed use and the description and purpose
of the district in which such use is proposed, the nature and intensity
of the activities to be involved in or conducted in connection with
the proposed use and the nature and rate of any increase in the burden
on supporting public services and facilities which will follow the
approval of the proposed use.
C.
The establishment, maintenance or operation of the
proposed use would not create public hazards from traffic, traffic
congestion or the parking of vehicles and/or equipment or be otherwise
detrimental to the health, safety or general welfare of persons residing
or working in the neighborhood or to the general welfare of the Town.
In the review of commercial and industrial development, where internal
roadways are not provided, the Planning Board shall determine if it
is feasible to link parking areas to allow for an internal flow of
traffic. Where it is feasible, a twenty-foot connection way must be
provided. If the adjacent property is undeveloped, then a connection
way shall be identified on the site plan for future linkage. The Planning
Board shall also consider interconnection of retail areas to allow
for pedestrian access and circulation.
D.
The project would not have an undue adverse impact
upon the natural, scenic, aesthetic, ecological, wildlife, historic,
recreational or open space resources of the Town or upon the ability
of the public to provide supporting facilities and services made necessary
by the project, taking into account the commercial, industrial, residential,
recreational or other benefits that might be derived from the project.
The Planning Board review of the site plan shall
include, as appropriate, but not be limited to the following general
standards:
A.
The location, arrangement, size, design and general
site compatibility of buildings, lighting and signs.
B.
The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls.
C.
The location, arrangement, appearance and sufficiency
of off-street parking and loading.
D.
The adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
E.
The adequacy of stormwater drainage facilities, including conformance with the drainage standards of Chapter 176, Subdivision of Land.
F.
The adequacy of water supply and sewage disposal facilities.
G.
The adequacy, type and arrangement of trees, shrubs
and other suitable plantings, landscaping and screening constituting
a visual and/or noise buffer between the applicant's and adjoining
lands, including the maximum retention of existing vegetation and
maintenance, including replacement of dead or diseased plants.
H.
The adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
I.
The adequacy and impact of structures, roadways and
landscaping in areas with susceptibility to ponding, flooding and/or
erosion.
J.
Conformance with the design guidelines, landscaping
standards and performance standards of this chapter.
The Planning Board or Town Board may require
the posting of financial security, in the form of bond, letter of
credit or other instrument, in order to ensure that improvements are
carried out as specified in the plans and approvals.
