The purpose of this article is to allow the proper integration into the community of uses listed in Article V of this chapter which may be suitable within a zoning district only on certain conditions and only at appropriate locations. Because of their characteristics or the special characteristics of the area in which they are to be located, these uses 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 effect on the Town and its
citizens and taxpayers, and the protection of health, safety and welfare
of the Town and its citizens.
[Amended 3-13-2000 by L.L. No. 4-2000]
A land use or development involving a use listed in Article V as site plan review or in Article VI hereof shall not be undertaken unless and until the Planning Board has approved or approved with conditions such use and the Code Enforcement Officer has issued a required permit for such land use or development pursuant to the terms of Article IX hereof.
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.
[Amended 3-13-2000 by L.L. No. 4-2000]
Application for project approval shall be made to the Code Enforcement Officer using forms supplied by the Officer. Applications shall include reasonably sufficient information for the Officer to make his or her finding under § 280-54 of this chapter and shall be submitted in 10 copies.
[Amended 3-13-2000 by L.L. No. 4-2000]
A sketch plan conference may be held at the advice of the Code
Enforcement Officer between the Planning Board, or its designee, and
the applicant prior to the preparation and submission of a formal
site plan application. The intent of such conference is to enable
the applicant to inform the Planning Board of his proposal prior to
the preparation of a detailed site plan and for the Planning Board
to review the basic site design concept, advise the applicant as to
potential problems and concerns and to generally determine the information
to be required on the site plan. In order to accomplish these objectives,
the applicant should provide the following:
A.
A statement and rough sketch showing the locations and dimensions
of principal and accessory structures, parking areas, access signs
(with descriptions), existing and proposed vegetation and other planned
features, anticipated changes in the existing topography and natural
features and, where applicable, measures and features to comply with
flood hazard and flood insurance regulations.
B.
A sketch or map of the area which clearly shows the location of the
site with respect to nearby street rights-of-way, properties, easements
and other pertinent features.
C.
A topographic or outdoor map of adequate scale and detail to show
site topography.
A.
Application to the Code Enforcement Officer.
[Amended 3-13-2000 by L.L. No. 4-2000]
(1)
Not later than 10 days following receipt of a complete application
for a project listed as site plan review, the Code Enforcement Officer
shall notify the Planning Board of such receipt and shall furnish
a copy of the project application.
(2)
Information.
(a)
When a sketch plan conference is held, the accompanying information
shall be drawn from the following checklist as deemed necessary by
the Planning Board at said sketch plan conference. In the event that
a sketch plan conference was not held, the applicant shall provide
information for all applicable items on the following checklist.
(b)
The site plan checklist shall read as follows:
[1]
Title of drawing, including name and address of applicant, owner
of property and person responsible for preparation of such drawing.
[2]
North arrow, scale and date.
[3]
Boundaries of the property plotted to scale and adjacent property
owners.
[4]
Existing watercourses.
[5]
Grading and drainage plan showing existing and proposed contours.
[6]
Location, design and type of construction, proposed use and
exterior dimensions of all buildings.
[7]
Location, design and type of construction of all parking and
truck loading areas showing access and egress.
[8]
Provision for pedestrian access.
[9]
Location of outdoor storage, if any.
[10]
Location, design and construction materials of
all existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
[11]
Description of the method of sewage disposal and
location, design and construction materials of such facilities.
[12]
Description of the method of securing water and
location, design and construction materials of such facilities.
[13]
Location of fire and other emergency zones, including
the location of fire hydrants.
[14]
Location, design and construction materials of
all energy distribution facilities, including electrical, gas and
solar energy.
[15]
Location, size and design and type of construction
of all proposed signs.
[16]
Location and proposed development of all buffer
areas, including existing vegetative cover.
[17]
Location and design of outdoor lighting facilities.
[18]
Identification of the location and amount of building
area proposed for retail sales or similar commercial activity.
[19]
General landscaping plan and planting schedule.
[20]
An estimated project construction schedule.
[21]
Record of application for and approval status
of all necessary permits from state and county officials.
[22]
Identification of any state or county permits
required for the projects execution.
[23]
Other elements integral to the proposed development
as considered necessary by the Planning Board.
[24]
If applicable, a stormwater pollution prevention
plan in accordance with the Town of Kingsbury stormwater regulations.
[Added 12-18-2006 by L.L. No. 7-2006]
B.
Planning Board schedules optional hearing. Within 31 days of its
next regular meeting following the receipt of a complete application
by the Code Enforcement Officer, the Planning Board shall hold a public
hearing if the Planning Board deems a public hearing is necessary.
In determining whether a public hearing is necessary, the Planning
Board shall be guided by the expected level of public interest in
the project and the possibility of an eventual disapproval. 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.
[Amended 3-13-2000 by L.L. No. 4-2000]
C.
Planning Board decision. Within 31 days after a required public hearing or within 31 days after initial review of a complete application where no public hearing was required, the Planning Board shall render a decision. Said decision shall be in the form of an approval, approval with conditions or disapproval based on the criteria and procedures cited in Articles V and VI of this chapter. The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations:
(1)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
(2)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(4)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
(8)
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(9)
Special attention to the adequacy and impact of structures, roadways
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
(10)
No approval, or approval with conditions, shall be granted until
the Planning Board determines the applicant is in compliance with
all other provisions of this chapter.
D.
Filing of decision.
[Amended 3-13-2000 by L.L. No. 4-2000]
(1)
The decision of the Planning Board shall immediately 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 § 280-55 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 of development as provided in this chapter shall be respected. The Planning Board may impose 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 requirements and conditions authorized under § 280-51 of this chapter. 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.
(2)
Upon approval of the site plan and payment by the applicant of all
fees and reimbursable costs due to the Town, the Planning Board shall
endorse its approval on a copy of the final site plan and shall forward
a copy to the applicant, the Code Enforcement Officer and file the
same with the Town Clerk.
(3)
Upon disapproval of a site plan, the Planning Board shall so inform
the Code Enforcement Officer and the Code Enforcement Officer shall
deny a required permit to the applicant. The Planning Board shall
also notify the applicant in writing of its decision and its reasons
for disapproval. Such disapproval shall be filed with the Town Clerk.
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 and 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
of 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 automobiles or be otherwise detrimental to the health,
safety or general welfare of persons residing or working in the neighborhood
of such proposed use or be unduly detrimental or injurious to the
property and improvements in the neighborhood or to the general welfare
of the Town.
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. In making this determination, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein, and in so doing, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in § 280-56 of this article.
The following are those factors which relate to potential for
adverse impact upon the natural, scenic, aesthetic, ecological, wildlife,
historic, recreational or open space resources of the Town of Kingsbury.
These factors, listed above, shall be considered, as provided in this
chapter, before any site plan review project is undertaken in the
Town. Any burden on the public in providing facilities and services
made necessary by such land use and development or subdivision of
land shall also be taken into account, as well as any commercial,
industrial, residential, recreational or other benefits which might
be derived therefrom.
A.
Natural resource considerations shall be as follows:
(5)
Critical resource areas.
(a)
Rivers and corridors of rivers designated to be studied as wild,
scenic or recreational in accordance with the Environmental Conservation
Law.
(b)
Rare plant communities.
(c)
Habitats of rare and endangered species and key wildlife habitats.
(d)
Wetlands.
(e)
Unique features, including gorges, waterfalls and geologic formations.
