The Planning Board is hereby authorized to review and approve
or disapprove site plans for land uses within the town as hereinafter
designated pursuant to and in accordance with the standards and procedures
set forth in this chapter.
B.
Exempt uses.
(1)
All uses requiring a special use permit shall require site plan
review and approval pursuant to this Article before being undertaken,
except the following:
(a)
Construction of one- or two-family dwelling and ordinary accessory
structures, and related land use activities.
(b)
Landscaping or grading which is not intended to be used in connection
with a land use reviewable under the provisions of this chapter.
(c)
Ordinary repair or maintenance or interior alterations to existing
structures or uses.
(d)
Structures associated with a farm operation, commercial horse
boarding operation and riding academy, and other agricultural structures
as defined under N.Y. State Building and Fire Code Regulations and
agricultural land uses, with the exception of roadside stands for
the sale of agricultural products from a permanent structure.
(e)
Exterior alterations or additions to an existing residential
structure which do not substantially change its nature or use.
(f)
Interior alterations that do not substantially change the nature
or use of an existing commercial structure.
(g)
Any change in use which does not require the issuance of a certificate
of occupancy pursuant to the New York State Building and Fire Code.
(h)
Residential garden uses and residential, noncommercial timber
cutting.
(i)
Garage and lawn sales.
(j)
Customary residential accessory uses.
(k)
Uses and structures which have already lawfully initiated construction
prior to the enactment of this chapter.
(2)
Any person uncertain of the applicability of this chapter to
a given land use activity may apply in writing to the Zoning Board
of Appeals for a written jurisdictional determination.
C.
FAMILY
LAND USE ACTIVITY
ONE-FAMILY DWELLING
SHORELINE
STRUCTURE
STRUCTURE, ACCESSORY
TWO-FAMILY DWELLING
Definitions. In addition to all definitions included in Article XVI of this chapter, the following definitions shall be used in association with a site plan review process.
A person or persons related to each other by blood, marriage
or adoption, or any number of persons, irrespective of any such relationship,
which nonetheless functions as the equivalent of such a family, living
together as a single housekeeping unit.
Any construction or other activity which changes the use
or appearance of land or a structure or the intensity of use of land
or a structure. "Land use activity" shall explicitly include, but
not be limited to, the following: new structures, expansions to existing
structures, new uses, changes in or expansions of existing uses, roads,
driveways, and excavations for the purpose of extracting soil or mineral
deposits.
A complete self-contained residential unit for permanent
habitation by one family only and containing one or more rooms and
facilities for living including cooking, sleeping, and sanitary needs.
The mean high-water mark of any lake, pond, river, or permanent
stream.
Any object constructed, installed or placed on land to facilitate
land use and development or subdivision of land, such as buildings,
sheds, signs, tanks, and any fixtures, additions and alterations thereto.
Any structure designed to accommodate an accessory use but
detached from the principal structure, such as, a free-standing garage
for vehicles accessory to the principal use, a storage shed, garden
house or similar facility.
Two complete, but separate, self-contained residential units
each intended for permanent habitation by one family only in a single
structure having a common wall roof, wall or ceiling and containing
separate rooms and facilities for living including cooking, sleeping,
and sanitary needs. Any term used in this chapter which is not defined
in this section shall carry its customary meaning unless the context
otherwise dictates.
A.
Site plan application procedure.
(1)
Sketch plan. A sketch plan conference between the Planning Board
and the applicant shall be held to initially review the basic site
design prior to the preparation and submission of a formal site plan.
The intent of such a conference is to enable the applicant to inform
the Planning Board of his/her 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
shall 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)
An area map showing the parcel under consideration for site
plan review, and all properties, subdivisions, streets, rights-of-way,
easements and other pertinent features within 200 feet of the boundaries
of the parcel.
(c)
A topographic or contour map of adequate scale and detail to
show site topography.
(2)
Application for site plan approval. Within six calendar months
of the sketch plan conference, a completed Town of Busti application
for site plan approval shall be made by the applicant, in writing,
providing seven paper copies and one electronic (pdf), to the Planning
Board and shall be accompanied by a site plan which includes items
drawn from the following checklist of items.
(3)
Site plan checklist. The site plan shall include the following
to be submitted by the applicant:
(a)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing.
(b)
North arrow, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing buildings.
(e)
Grading and drainage plan, showing existing and proposed contours,
rocky outcrops, depth to bedrock, soil characteristics, and watercourses.
(f)
Location, design, type of construction, proposed use and exterior
dimensions of all buildings.
(g)
Location, design and type of construction of all parking and
truck loading areas, showing access and egress.
(h)
Provision for pedestrian access.
(i)
Location of outdoor storage, if any.
(j)
Location, design and construction materials of all existing
or proposed site improvements including drains, culverts, retaining
walls and fences.
(k)
Description of the method of sewage disposal and location, design
and construction materials of such facilities.
(l)
Description of the method of securing public water and location,
design and construction materials of such facilities.
(m)
Location of fire and other emergency zones, including the location
of fire hydrants.
(n)
Location, design and construction materials of all energy distribution
facilities, including electrical, gas and solar energy.
(o)
Location, size and design and type of construction of all proposed
signs.
(p)
Location and proposed development of all buffer areas, including
existing vegetative cover.
(q)
Location and design of outdoor lighting facilities.
(r)
Identification of the location and amount of building area proposed
for retail sales or similar commercial activity.
(s)
General landscaping plan and planting schedule.
(t)
An estimated project construction schedule.
(u)
Record of application for and status of all necessary permits
from other governmental bodies.
(v)
Identification of any permits from other governmental bodies
required for the project's execution.
(w)
Other elements integral to the proposed development as may be
considered necessary in the particular case by the Planning Board.
(x)
Deed restrictions.
(y)
SEQR.
(4)
Required fee. An application for site plan review shall be accompanied
by a fee from the Town of Busti fee schedule.
(5)
Reimbursable costs. Cost incurred by the Planning Board for
consultation fees or other extraordinary expenses in connection with
the review of a proposed site plan shall be charged to the applicant.
A.
General standards and considerations. 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)
Overall impact on the neighborhood including compatibility of
design consideration.
B.
Specific standards and considerations. In addition to specific standards contained within Article IX of this chapter, the following specific standards shall apply in conjunction with the subject uses or in the designated areas.
(1)
Shoreline standards and considerations.
(a)
All construction on any shoreline lot shall be carried out in
such manner as to minimize interference with the natural course of
such waterway, to avoid erosion of the shoreline, to minimize increased
runoff of ground and surface water into the waterway, to remove only
that vegetation which is necessary to the accomplishment of the project,
and to generally maintain the existing aesthetic and ecological character
of the shoreline.
(b)
No on-site sewage tile field or seepage pit shall be located
within 100 feet of any shoreline and no septic or other holding tank
shall be located within 50 feet of any shoreline, as measured from
the normal high-water mark of the water body.
(c)
Any paved or otherwise improved parking, loading, or service
area within 100 feet of any shoreline shall be designed and constructed
so as to minimize surface runoff and the entrance of any chemical
pollutants or earthen siltation into the waterway.
A.
Public hearing. The Planning Board shall conduct a public hearing
on the site plan if considered desirable by a majority of its members.
Such hearing shall be held within 62 days of the receipt of application
for site plan review and shall be advertised in the town's official
newspaper, or if there is none, in a newspaper of general circulation
in the town at least five days before the public hearing.
B.
Notice to applicant and Chautauqua County Planning Board.
(1)
At least 10 days before such hearing, the Planning Board shall
mail such notices to the applicant and to the Chautauqua County Planning
Board as required by § 239-m of the General Municipal Law,
which shall be accompanied by a full statement of such proposed action.
The County referral shall apply to real property within 500 feet of
the following:
(a)
The municipal boundary.
(b)
The boundary of any existing or proposed county or state park
or other recreation area.
(c)
The right-of-way of any existing or proposed county or state
parkway, thruway, expressway, road or highway.
(d)
The existing or proposed right-of-way of any stream or drainage
channel owned by the county or for which the county has established
channel lines.
(e)
The existing or proposed boundary of any county or state-owned
land on which a public building or institution is situated.
(f)
The boundary of a farm operation located in an agricultural
district, as defined by Article 25-aa of the Agriculture and Markets
Law.
(2)
The Chautauqua County Planning Board shall have 30 days to review
the full statement of the proposed action. If the County Planning
Board fails to report within 30 days, the Planning Board may take
final action on the proposed action without such report. However,
any County Planning Board Report recommending modification or disapproval
of a project and which is received after 30 days or such longer period
as may have been agreed upon, but two or more days prior to final
action by the Planning Board, the Planning Board shall not act contrary
to such recommendation except by a vote of a majority plus one of
all the members.
C.
Planning Board decision. Within 62 days of receipt of the application
for site plan approval or if a public hearing is held within 62 days
of public hearing, the Planning Board shall render a decision. In
its decision the Planning Board may approve, approve with modifications
or disapprove the site plan. The time period in which the Planning
Board must render its decision can be extended by mutual consent of
the applicant and the Planning Board.
(1)
Approval. Upon approval of the site plan, and payment by the
applicant of all fees and reimbursable costs due the Town, the Planning
Board shall endorse its approval on a copy of the site plan and shall
immediately file it and a written statement of approval with the Town
Clerk. A copy of the written statement of approval shall be mailed
to the applicant by certified mail, return receipt requested.
(2)
Approval with modifications. The Planning Board may conditionally
approve the final site plan. A copy of written statement containing
the modifications required by the conditional approval will be mailed
to the applicant by certified mail, return receipt requested. After
adequate demonstration to the Planning Board that all conditions have
been met, and payment by the applicant of all fees and reimbursable
costs due the Town, the Planning Board shall endorse its approval
on a copy of the site plan and shall immediately file it and a written
statement of approval with the Town Clerk. A copy of the written statement
of approval shall be mailed to the applicant by certified mail, return
receipt requested.
(3)
Disapproval. Upon disapproval of the site plan the decision
of the Planning Board shall immediately be filed with the Town Clerk
and a copy thereof mailed to the applicant by certified mail, return
receipt requested, along with the Planning Board's reasons for
disapproval.
Any person aggrieved by any decision of the Planning Board or
any officer, department, board or bureau of the Town, may apply to
the supreme court for a review by a proceeding under Article 78 of
the Civil Practice Law and Rules. Such proceedings shall be instituted
within 30 days after the filing of a decision in the office of the
Town Clerk.
A.
Code Enforcement Officer. The Code Enforcement Officer shall be responsible
for the overall inspection of site improvements including coordination
with the Planning Board and other officials and agencies, as appropriate.
B.
Integration of procedures. Whenever the circumstances of proposed
development require compliance with this chapter, with special permit
requirements, and with any other Zoning Law, ordinance or requirement
of the Town, the Planning Board shall attempt to integrate, as appropriate,
site plan review with the procedural and submission requirements for
such other compliance.
