[HISTORY: Adopted by the Town Board of the Town of Elma 4-16-1986 by L.L. No. 6-1986. Amendments noted where applicable.]
Prior to the issuance of either a building permit or use permit
in any zoning district, except for a one- or two-family dwelling,
related accessory uses or agricultural uses permitted by right under
this chapter and the Town of Elma Zoning Ordinance,[1] the Building Inspector shall refer the permit applicant
to the Planning Board for site plan consideration in accordance with
§ 274-a of the Town Law and the procedure and standards
set forth in this chapter.
A.
A sketch plan conference between the Planning Board and the applicant
shall be held to discuss the applicability of the site plan review
and approval procedure to the intended development for which the building
or use permit is sought. The Planning Board shall make its determination
based upon review of the project's scope and the basic land use and
site design concept, as shown by a sketch plan and accompanying statements
provided by the applicant and describing at a reasonable level of
detail what is proposed.
B.
At the sketch plan conference, the Planning Board shall take one
or four actions. It shall:
(1)
Determine that the project is limited in scope, with compatible land
use and site design characteristics, thus requiring no further review
under this chapter.
(2)
Approve the project if the data contained on the sketch plan, as
submitted, justifies and supports such approval.
(3)
Determine that the project does require full review under this chapter, based upon its scope and/or land use and site design characteristics, and advise the applicant of preliminary site plan requirements in accordance with § 117-3 of this chapter.
(4)
Require additional sketch plan information prior to making a determination
regarding the applicability of the site plan review and approval procedure.
C.
The Planning Board's determination can be assisted if the applicant
can include, as may be applicable, the data discussed below as part
of the sketch plan discussion:
(1)
An area map showing the parcel under consideration for site plan
review and all properties, subdivisions, streets and easements within
200 feet of the boundaries thereof. Such area map shall be oriented
to the nearest street or road intersection and, if the parcel adjoins
a state highway, such area map shall additionally be related to state
mile markers.
(2)
A map of site topography at no more than five-foot contour intervals.
If general site grades exceed 5% or portions of the site have susceptibility
to erosion, flooding or ponding, a soils overlay and a topographic
map showing contour intervals of not more than two feet of elevation
should additionally be provided.
A.
An application for preliminary site plan approval shall be made,
in writing, to the Planning Board and shall be accompanied by information
drawn from the following checklist, as determined necessary by the
Planning Board at the sketch plan conference.
(1)
Preliminary site plan checklist. The application shall contain:
(a)
The title of the drawing, including the name and address of
the applicant and the person responsible for the preparation of such
drawing.
(b)
North arrow, scale and date.
(c)
The boundaries of the property plotted to scale.
(d)
Existing watercourses.
(e)
Soils data, minimally relating to the site the data provided
within the Soil Inventory and Interpretive Study for the Town of Elma
(May 1982).
(f)
A grading and drainage plan, showing existing and proposed contours
at an appropriate interval to be specified by the Planning Board.
(g)
The location, proposed use and height of all buildings.
(h)
The location, design and construction materials of all parking
and truck loading areas, with access and egress drives thereto.
(i)
Provision for pedestrian access.
(j)
The location of outdoor storage, if any.
(k)
The location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
(l)
A description of the method of sewage disposal and the location,
design and construction materials of such facilities.
(m)
A description of the method of securing public water and the
location, design and construction materials of such facilities.
(n)
The location of fire and other emergency zones, including the
location of fire hydrants.
(o)
The location, design and construction materials of all energy
distribution facilities, including electrical, gas and solar energy.
(p)
The location, size and design and construction materials of
all proposed signage.
(q)
The location and proposed development of all buffer areas, including
indication of existing vegetative cover.
(r)
The location and design of outdoor lighting facilities.
(s)
Designation of the amount of building area proposed for retail
sales or similar commercial activity.
(t)
A general landscaping plan and planting schedule.
(u)
Other elements integral to the proposed development, as considered
necessary by the Planning Board, including identification of any state
or county permits required for the project's execution.
(v)
A stormwater pollution prevention plan (SWPPP), if required for the proposed development under Chapter 120 of this Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 120-4B of this Code.
[Added 4-15-2015 by L.L.
No. 2-2015]
B.
Required fee. An application for preliminary site plan review and
approval shall be accompanied by a fee, which shall be fixed from
time to time by resolution of the Town Board.
Planning Board's review of a preliminary site plan shall include,
as appropriate, but is not limited to, the following:
A.
General considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, channelization
structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(3)
The location, arrangement, appearance and sufficiency of off-street
parking and loading.
(4)
The location, arrangement, size, design and general site compatibility
of buildings, lighting and signage.
(5)
The adequacy of water supply and sewage disposal facilities.
(6)
The adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
(7)
In the case of an apartment complex or other multiple dwelling, the
adequacy of usable open space for play areas and informal recreation.
(8)
Protection of adjacent or neighboring properties against noise, glare,
unsightliness or other objectionable features.
(9)
The adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(10)
Special attention to the adequacy of structures, roadways and
landscaping in areas with susceptibility to ponding, flooding and/or
erosion.
(11)
If a stormwater pollution prevention plan (SWPPP) was submitted in accordance with § 117-3A(1)(v), compliance with the requirements of Chapter 120 of this Code.
[Added 4-15-2015 by L.L.
No. 2-2015]
B.
Consultant review. The Planning Board may consult with the Town Building
Inspector, Fire Commissioners, Environmental Commission, Superintendent
of Highways, other local and county officials and its designated private
consultants, in addition to representatives of federal and state agencies,
including, but not limited to, the Soil Conservation Service, the
State Department of Transportation and the State Department of Environmental
Conservation.
C.
Public hearing. The Planning Board may conduct a public hearing on
the preliminary site plan. If a public hearing is considered desirable
by a majority of the members of the Planning Board, such public hearing
shall be conducted within 45 days of the receipt of the application
for preliminary site plan approval and shall be advertised in a newspaper
of general circulation in the Town at least five days before the public
hearing.
D.
Required referral. Prior to taking action on the preliminary site
plan, the Planning Board shall refer the site plan, when applicable,
to the Erie County Department of Environment and Planning for advisory
review and a report in accordance with § 239 of the General
Municipal Law.
A.
Within 60 days of the receipt of an application, together with all
data required or requested by the Planning Board for a preliminary
site plan approval, the Planning Board shall act on it. If no decision
is made within said sixty-day period, the preliminary site plan shall
be considered approved. The Planning Board's action shall be in the
form of a written statement to the applicant stating whether the preliminary
site plan is approved, disapproved or approved with modifications.
B.
The Planning Board's statement may include recommendations of desirable
modifications to be incorporated in the final site plan, of which
conformance with said modifications shall be considered a condition
of approval. If the preliminary site plan is disapproved, the Planning
Board's statement will contain the reasons for such findings. In such
a case, the Planning Board may recommend further study of the site
plan and resubmission to the Planning Board after it has been revised
or redesigned.
A.
After receiving approval, with or without modifications, from the
Planning Board on a preliminary site plan, the applicant shall submit
a final detailed site plan to the Planning Board for approval. If
more than six months has elapsed since the time of the Planning Board's
action on the preliminary site plan and if the Planning Board finds
that conditions have changed significantly in the interim, the Planning
Board may require a resubmission of the preliminary site plan for
further review and possible revision prior to accepting the proposed
final site plan for review.
B.
The final detailed site plan and accompanying information shall conform
substantially to the approved preliminary site plan and accompanying
information. They should incorporate any modifications that may have
been recommended by the Planning Board in its preliminary review.
All such compliances shall be clearly indicated by the applicant on
the appropriate submission.
[Amended 4-15-2015 by L.L. No. 2-2015]
[Amended 4-15-2015 by L.L. No. 2-2015]
A.
Within 45 days of acceptance of the application for final site plan
approval, the Planning Board shall render a decision to the Building
Inspector. If no decision is made within the forty-five-day period,
the final site plan shall be considered approved.
B.
If a stormwater pollution prevention plan (SWPPP) was submitted to the Town in accordance with the provisions of this chapter, the Planning Board shall not approve the site plan unless the site plan and SWPPP comply with the requirements of Chapter 120 of this Code.
C.
Upon approval of the final 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 such copy to the Building Inspector. The Building Inspector
may then issue the building permit if all other applicable requirements
are met.
D.
Upon disapproval of a final site plan, the Planning Board shall so
inform the Building Inspector, and the Building Inspector shall deny
a building permit to the applicant. The Planning Board shall also
notify the applicant, in writing, of its decision and its reasons
for disapproval.
Costs incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant, not to exceed $50 per acre or fraction thereof. Such reimbursable costs shall be in addition to the fee required in § 117-3B herein.
No certificate of occupancy shall be issued until all improvements
shown in 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 Planning Board
after consultation with the Building Inspector, other local officials
or its designated consultants.
The Building Inspector shall be responsible for the overall
inspection of site improvements, including coordination with other
local officials and agencies, as appropriate.
Whenever the particular circumstances of a proposed development
require compliance with either another procedure in this chapter or
the Town of Elma Zoning Ordinance requirements or the Town Land Subdivision
Regulations,[1] the Planning Board shall attempt to integrate, as appropriate,
site plan review as required by this chapter with the procedural and
submission requirements for such other compliance.
