[HISTORY: Adopted by the Town Board of the
Town of West Seneca 4-23-2007 by L.L. No. 4-2007. Amendments noted where
applicable.]
It is the intention of this chapter to promote
the efficient use and layout of land, and take into consideration
the health, safety and general welfare of the public and of the residents
and users of the proposed development. This will be accomplished through
sound site planning that includes standards in the design, layout,
landscaping and construction of development.
No development shall occur within the Town of
West Seneca unless in accordance with the provisions of this chapter.
Where applicable, no building permit, special use permit, or certificate
of occupancy shall be issued unless all the requirements of this chapter
have been satisfied and the site plan has been approved. Exceptions
to site plan requirements are as follows:
A.
The Town Board of the Town of West Seneca, pursuant
to the provisions of Town Law, does hereby grant the West Seneca Planning
Board the power and authority to review and approve, approve with
conditions, or disapprove plans that require site plan approval under
this chapter.
B.
This chapter shall be enforced by the Town of West
Seneca Code Enforcement Officer or any such other duly authorized
person as designated by the Town Board.
For the purpose of these regulations, the following
terms shall have the meanings indicated:
The duly appointed Planning Board for the Town of West Seneca
(pursuant to § 271, Article 16, of the Town Law).
A formal submission for the development of a site, including
application and plan, meeting the requirements set forth herein.
A plan developed to meet the requirements set forth herein
that identifies the existing characteristics of the site and outlines
the proposed development used for informal review and comment by the
Planning Board.
The duly elected Town Board for the Town of West Seneca.
[Amended 4-20-2009 by L.L. No. 1-2009]
A.
A site plan waiver may be issued if a proposed project is minor in
nature to the extent that a full site plan review by the Planning
Board may not be necessary. In order for a project to be deemed minor
and eligible for relief from the full site plan review process, a
minimum of only two signatures from the Code Enforcement Officer,
Town Engineer or Planning Board Chairman must be secured on the site
plan waiver application to approve a site plan waiver. Criteria for
such waiver are as follows:
(1)
The project is an addition to an existing structure of less than
approximately 1,000 square feet or which represents less than 10%
of the existing structure;
(2)
A change in use that consists of a similar use to the approved use
in the structure and does not require additional parking;
(3)
An accessory building to an approved use that is not visible from
the road or adjoining residential uses; and
(4)
Such other minor changes to an approved site plan as determined by
the Code Enforcement Official, Town Engineer and Planning Board Chairman.
B.
In certain cases, the preparation of a sketch plan or a site plan
application may be deemed necessary to meet the requirements of a
site plan waiver process. It may be determined that the proposed project
needs formal site plan approval from the Planning Board. This may
be required for projects located in any zoning overlay district.
C.
The Code Enforcement Officer, Town Engineer and/or Planning Board
Chairman, in making a determination to grant site plan waiver, may
include conditions that must be met for the issuance of the building
permit (a site plan waiver does not relieve the applicant of any building
permit requirement). All decisions regarding reasonable conditions
to be placed upon a site plan waiver approval shall be made in writing
on the site plan waiver application form.
D.
Determinations and approval conditions for a site plan waiver may
only be appealed by the applicant by appearing before the Planning
Board under a formal site plan application.
Amendments to a site plan shall be acted upon
in the same manner as the approval of the original plan. Upon findings
by the Planning Board that, due to special conditions peculiar to
a site, certain information normally required as part of the site
plan is inappropriate or unnecessary or that strict compliance with
said requirements may cause extraordinary and unnecessary hardships,
the Planning Board may vary or waive the provision for such information,
provided that such variance or waiver will not have detrimental effects
on the public health, safety, or general welfare, or have the effect
of nullifying the intent and purpose of the site plan submission or
this chapter.
A.
Where site plan review is determined to be required,
the Code Enforcement Official shall refer the application, site plan
and supporting materials to the Town Planning Board.
B.
At the time of determination, the applicant may decide
to proceed with a sketch plan application or proceed with formal site
plan review.
C.
All proposals require appropriate environmental reviews
in accordance with the State Environmental Quality Review Act (SEQRA)
before any action is taken by the Planning Board.
A.
Prior to the filing of an application for site plan
approval, the applicant may submit a sketch plan for informal Planning
Board review and comment. The purpose of the preapplication procedure
is to afford the applicant an opportunity to consult early and informally
with the Planning Board before preparation of the site plan.
B.
The Planning Board will informally review the overall
design and layout against the intent and requirements of this chapter
and provide feedback to the applicant on potential issues or concerns
that should be addressed or additional information that should be
submitted. The applicant will be required to make the decision as
to whether to submit an amended sketch plan to the Planning Board
or make a formal site plan application.
[Amended 6-11-2007 by L.L. No. 8-2007; 6-15-2009 by L.L. No.
2-2009]
A.
The applicant shall file an application for site plan approval with
the Town Clerk to be forwarded to the Planning Board for consideration
at the next regularly scheduled meeting of the Planning Board. The
application shall be accompanied by 16 copies of a formal site plan,
to be prepared in accordance with provisions described herein, and
a filing fee as determined by the Town Board and outlined in the Town's
schedule of fees.[1]
[1]
Editor's Note: The Site Plan Fee Schedule is included at the end of this chapter.
B.
The application shall be submitted at least 30 days prior to the
next scheduled Planning Board meeting. The application will be reviewed
by the Town Planning Board Consultant, Town Planner or designated
Town Representative to determine its completeness. If complete, the
site plan shall be placed on the next Planning Board agenda.
C.
Where applicable, the application review under Subsection B above shall be coordinated with the appropriate Town officials (Town Engineer, Highway Superintendent; etc.) and other regulatory agencies (NYSDEC, NYSDOT, Erie County Department of Environment and Planning, etc.).
D.
A stormwater pollution prevention plan consistent with the requirements of § 102A-7 of the Stormwater Management and Erosion and Sediment Control Ordinance shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards of § 102A-8 of the Stormwater Management and Erosion and Sediment Control Ordinance. The approved site plan than be consistent with provisions of Chapter 102A.
If the applicant chooses to submit a sketch
plan, the plan shall contain the following data and information:
A.
An applicant shall prepare a formal site plan in accordance
with this chapter.
B.
The site plan shall be prepared by an architect, landscape
architect, engineer, or surveyor licensed in the State of New York,
be certified with their signature and seal and contain the information
found in the Town's site plan application. A submitted sketch plan
will allow the Planning Board to identify the appropriate level of
information needed for the site plan.
C.
In furtherance of the purposes of this chapter and
to assure the public health, safety and general welfare, the Planning
Board may require the following improvements:
(1)
The construction of pedestrian walkways or sidewalks
for the safe and convenient movement of patrons both within the site
and within adjoining sites and pedestrian facilities. It is not the
intent of the Town to include sidewalks on every project, but to place
them in reasonable and appropriate locations.
(2)
The dedication of rights-of-way and easements for
all facilities to be publicly maintained prior to the issuance of
any building permits or occupancy.
(3)
Where, in the opinion of the Planning Board, it is
desirable to provide for access to an adjoining property, proposed
accesses shall be extended to the boundary of such property. Cross
access agreements will be required as necessary.
(4)
The construction of curbs, gutters and drives which
will permit vehicular travel on the site and connection to and from
adjacent parking areas and properties.
(5)
Screening, fencing, walls, berms and screen plantings
adequate to screen views in accordance with requirements of this chapter
and other Town laws and ordinances for adjacent subdivisions, contrasting
development of less intensity and state highways of limited access.
Designated plantings and landscaping shall be in accordance with the
approved schedule and annually maintained by the property owner.
(6)
Any other improvement necessary to meet any condition
of approval.
A.
The Planning Board shall act to approve, approve with
conditions, or disapprove any such site plan within 62 days after
the day the application is received (subject to completion of the
SEQR process). The time within which the Planning Board must render
its decision may be extended by mutual consent of the applicant and
the Planning Board.
B.
The Planning Board approval or denial and any conditions
thereto shall be guided by the following general standards for site
development:
(1)
Conformance with this chapter and other adopted Town
plans, an approved development plan that includes the subject site,
if one exists, and all other applicable laws;
(2)
Compatibility of the proposed development with the
natural features of the land and the environmental attributes of the
site;
(3)
The project's compliance with grading and drainage
requirements of the Town;
(5)
The general layout and design of buildings, lighting,
signage, open space and development features consistent with reasonable
planning principles;
(6)
The location and design of vehicular entrances/exits,
including emergency access and fire lanes, in relation to the street
system, traffic circulation and control within the site, and coordination
of access points and circulation with adjoining properties;
(7)
The provision and protection of pedestrian movement
on the site and coordination of pedestrian movement on adjoining properties
and the street system;
(8)
The location, design, layout and adequacy of parking,
loading and stacking areas, including the provision of opportunities
for handicapped parking;
(9)
Provision of landscaping, screening and buffers to
complement development and protect adjacent uses and public rights-of-way
from unsightliness, noise, glare and other nuisances. Such elements
shall also be used to promote the availability of green space in nonresidential
development and recreation space in residential development to avoid
a continuous paved or built environment;
(10)
Adequate provision of drainage and stormwater
management facilities;
(11)
Adequacy of sewer and water facilities, fire
protection and conformance with Town regulations for the provision
and construction of those services;
(12)
Where appropriate and applicable, the concurrence
of Town agencies, New York State Department of Transportation, New
York State Department of Environmental Conservation and other county
or state agencies, as appropriate; and
(13)
Meeting the requirements for a site plan, as
identified in this chapter.
A.
All Planning Board approvals are contingent upon the
Town Engineer reviewing and approving the design plans and all other
regulatory approvals/permits being received by the applicant. Once
all conditions are met and approvals/permits received, the plan will
be signed by the Planning Board Chairman and the Town Engineer, and
building permits can be applied for.
B.
Within one year of the date of site approval by the
Planning Board, the applicant shall apply for a building permit or
the approval of the site plan shall expire. However, the Planning
Board may extend the time for application for a building permit if,
in its opinion, such action is warranted by the particular circumstances
thereof for a period not to exceed one additional year.
C.
Unless work is commenced and diligently prosecuted
within one year, or such time expressly stated by the Planning Board
at the date of granting approval, said approval shall become null
and void.
The Planning Board may impose special conditions
or modifications limiting the use or occupancy of the proposed land
and development consistent with the intent and purposes of this chapter.
Any conditions so imposed shall become a part of the site plan approval
and must be satisfied prior to the issuance of any permits for development.
No building or other development permit shall be issued for property
that is subject to a site plan except in conformity with the approved
plan for that site.
Prior to the issuance of any building permit
or authorization for development of any portion of the site, the owner
and developer shall comply with the public improvement provisions
of the Town Code and may be required to post a bond, cash deposit,
or letter of credit to guarantee compliance with site plan requirements.
The Planning Board may require as part of site
plan approval that, upon satisfactory completion of all required improvements
shown on the approved site plan, an as-built plan be submitted for
the review and approval of the Code Enforcement Official at least
one week prior to the occupancy of the building. The Planning Board
may require as-built plans in electronic format. Such plan shall include
the record of all progress and final inspections for the installation
of all on-site and off-site improvements as approved by the Code Enforcement
Official or any such other duly authorized person as designated by
the Town Board. The completion of as-built plans and the successful
inspection reports shall be the basis for release of any surety bond
or portion thereof.
A final occupancy permit may be issued for any
appropriately completed building, or portion thereof, located on a
part of an approved site plan, provided that:
A.
As-built plans, to the extent they are required by
the Planning Board, have been submitted and approved for the required
improvements on the site plan that relate to and provide services
to the requested building for occupancy;
B.
All inspections and conditions that are required for
the service and support of the building requested for occupancy have
been successfully completed and are certified for use by the proposed
use(s) being requested;
C.
Any off-site and on-site improvements necessary to
service the requested building for occupancy have been completed and
successfully inspected; and
D.
Any remaining on-site construction will not adversely
affect the occupants or the intended use of the building requested
for occupancy.
If a court of competent jurisdiction finds the
application of any provision of this chapter to any building, other
structure, or tract of land to be invalid in whole or in part, the
effect of such decision shall be limited to the person, property,
or situation involved in the controversy, and the application of any
such provision to any other person, property, or situation shall not
be affected.
This chapter shall take effect 30 days after
its filing with the office of the Secretary of State.
