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.
C. 
An analysis, and supporting data, of any benefits that might derive from the project.[1]
[1]
Editor's Note: Former Subsection D, Stormwater pollution prevention plan, added 10-6-2016 by L.L. No. 6-2016, was repealed 7-27-2017 by L.L. No. 2-2017.
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.