[Amended 6-11-1997 by L.L. No. 2-1997]
In accordance with § 116-10, District Schedule of Use Regulations, prior to consideration of the issuance of a building permit or certificate of occupancy or use in any district, except for a one- or two-family dwelling and except for mobile homes, including double wide mobile homes and modular or manufactured homes to be placed on individually owned lots and related accessory or general agricultural uses permitted by either right or special use permit, including home occupations, the Zoning Enforcement Officer shall require the preparation of a site plan. The Zoning Enforcement Officer shall refer the applicant to the Planning Board for site plan review and approval in accordance with § 274-a of the Town Law and the standards and procedures set forth in this article.
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 permit or certificate of occupancy or use is
sought.
B.
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 drawn to scale and accompanying
statements provided by the applicant and describing at a reasonable
level of detail what is proposed.
C.
At the sketch plan conference, the Planning Board
shall, with the advice of its professional planning consultant, take
one of three actions:
(1)
Determine that the project is limited in scope, with
compatible land use, site and building design characteristics, thus
requiring no further review under this article, with such determination
restricted to applications including the establishment of permitted
uses within existing complying structures or the limited modification
of existing conforming uses and complying structures wherein no substantial
site improvements are either required or proposed.
(2)
Determine that the project does require full review under this article, based upon the project's scope and/or land use, site and building design characteristics, and advise the applicant of site plan submission requirements in accordance with § 116-49.
(3)
Require additional sketch plan information prior to
making a determination regarding the applicability of the site plan
review and approval procedure.
D.
In order to assist the Planning Board in its determination,
the applicant shall submit, as may be applicable, the further data
discussed below, during the sketch plan discussion:
An application for site plan approval shall
be made in writing to the Planning Board and shall be accompanied
by four prints of a site plan which includes information drawn from
the following checklist of items, as determined necessary by the Planning
Board at the time of the sketch plan conference, and which is provided
on a drawing certified by a licensed engineer, architect, landscape
architect and/or land surveyor:
A.
Site plan checklist.
(1)
Title of drawing, including name and address of applicant
and person(s) responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Accurate boundaries of the property plotted to scale.
(4)
Existing watercourses.
(5)
Grading and drainage plan showing existing and proposed
contours at an appropriate interval to be specified by the Planning
Board at the sketch plan conference, with two-foot contour intervals
and soils data generally required on that portion of any site proposed
for development where general site grades exceed 5% or there may be
susceptibility to erosion, flooding or ponding.
(6)
Location, proposed use and height of all buildings.
(7)
Location, design and construction materials of all
parking and truck-loading areas, with access and egress drives thereto.
(8)
Provision for pedestrian access.
(9)
Location of outdoor storage of equipment and materials,
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 the location, design and construction materials of such facilities.
(12)
Description of the method of securing water
supply and the location, design and construction materials of such
facilities.
(13)
Location of fire and other emergency zones,
including the location of the nearest water supply for fire emergencies.
(14)
Location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy.
(15)
Location, size and design and construction materials
of all proposed signage.
(16)
Location and proposed development of all buffer
areas, including indication of existing vegetative cover.
(17)
Location and design of outdoor lighting facilities,
including data regarding, when appropriate, lighting levels both within
the site and at the site's boundaries.
(18)
Designation of the amount of building area proposed
for retail sales, office use or similar commercial activity.
(19)
Detailed landscaping plan and planting schedule,
including the number, size, type and location of all canopy trees
or understory trees, shrubs and ground covers to be planted.
[Amended 5-12-1993 by L.L. No. 3-1993]
(20)
Building elevations and sections at a scale
sufficient to delineate clearly the massing and the exterior materials,
textures and colors of all buildings and other structures shown on
the site plan.
[Added 5-12-1993 by L.L. No. 3-1993[1]]
[1]
Editor's Note: This local law also renumbered
former Subsection A(20) as Subsection A(21).
(21)
Other elements integral to the proposed development,
as considered necessary by the Planning Board, including the identification
of any state or county permits required for the project's execution.
B.
Required fee. An application for site plan review
and approval shall be accompanied by the applicable fee in accordance
with the fee schedule established and annually reviewed by the Town
Board.
The Planning Board's review of a 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,
dividers, structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, walkways, control of intersections with vehicular
traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
Location, arrangement, size, design and general site
compatibility of principal and accessory buildings, lighting and signage.
(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-deterring buffer
between the applicant's and adjoining lands, including the maximum
retention of existing vegetation.
(8)
In the case of an apartment complex or other multiple
dwelling, the adequacy of usable open space for play areas and informal
recreation.
(9)
Protection of adjacent or neighboring properties against
noise, glare, unsightliness or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones
and water supply for fire emergencies.
(11)
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(12)
Compatibility of building design with existing
characteristics of the neighborhood.
B.
Consultant review. In its review, the Planning Board
may consult with the Town Building Inspector, the Zoning Enforcement
Officer, Superintendent of Highways, other local and county officials
and its designated private consultants, in addition to representatives
of state agencies, including but not limited to the State Department
of Transportation and the State Department of Environmental Conservation.
C.
Public hearing. The Planning Board shall conduct a
public hearing on the application for site plan approval. The public
hearing shall be conducted within 45 days of the receipt of the application
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 site
plan, the Planning Board shall refer the site plan, when applicable,
to the Ulster County Planning Board for advisory review and a report
in accordance with §§ 239-l and 239-m of the General
Municipal Law.
Within 45 days of the receipt of an application
for site plan approval or within 45 days of the conduct of a public
hearing, whichever shall last occur, the Planning Board shall act
on the site plan application.
A.
Action by resolution.
(1)
The Planning Board shall act by resolution to either
approve or disapprove or approve with modifications the site plan
application. A copy of the resolution shall be filed in the Town Clerk's
office and mailed to the applicant within 10 days of the Planning
Board's action. A resolution of either approval or approval with modifications
shall include authorization to the Planning Board Chairman to stamp
and sign the site plan upon the applicant's compliance with the submission
requirements stated herein.
(2)
If the Planning Board's resolution includes a requirement
that modifications be incorporated in the site plan, conformance with
said modifications shall be considered a condition of approval. If
the site plan is disapproved, the Planning Board's resolution shall
state specific reasons for such decision. 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.
B.
Submission requirements for stamping. After receiving
site plan approval, with or without modifications, from the Planning
Board, the applicant shall, within six months, submit six prints and
one reproducible Mylar of the site plan to the Planning Board for
stamping and signature by the Chairman. The site plan submitted for
stamping shall conform strictly to the site plan approved by the Planning
Board, except that it shall further incorporate any revisions or other
modifications required by the Planning Board and shall be accompanied
by the following additional information:
(1)
Record of application for and approval status of all
necessary permits from federal, state and county officials.
(2)
Detailed sizing and final material specification of
all required improvements.
(3)
An estimated project construction schedule and, if
a performance guaranty is to be provided by the applicant for all
or some portion of the work, a detailed site improvement cost estimate.
C.
Effect of stamping by Planning Board. Upon stamping
and signature by the Chairman, the Planning Board shall forward a
copy of the approved site plan to the Building Inspector and the applicant.
The Building Inspector may then issue a building permit or the Zoning
Enforcement Officer may issue a certificate of occupancy or use, as
applicable, if the project conforms to all other applicable requirements.
Reasonable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in § 116-49B herein. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board.
No certificate of occupancy or use shall be
issued until all improvements shown on the site plan are installed
or a sufficient performance guaranty has been posted for improvements
not yet completed. Such performance guaranty shall be posted in accordance
with the procedures specified within § 277 of the Town Law
relating to subdivisions. The amount and sufficiency of such performance
guaranty shall be determined by the Planning Board after consultation
with the Town Attorney, the Building Inspector, the Zoning Enforcement
Officer, other local officials or its designated private consultants.
The Zoning Enforcement Officer shall be responsible
for the overall inspection of site improvements, including coordination
with the Building Inspector, the town's private consultants and other
local officials and agencies, as may be appropriate, on multifamily
residential, large-scale recreational, institutional, commercial and
industrial projects.
Whenever the particular circumstances of a proposed
development require compliance with either another procedure in this
chapter, the requirements of the Town Land Subdivision Regulations[1] or the requirements of the State Environmental Quality
Review Act, the Planning Board may integrate, if it deems appropriate
and to the extent of its authority under law, site plan review as
required by this article with the procedural and/or submission requirements
for such other compliance. Such integration of procedures may require,
upon mutual written consent of the Planning Board and the applicant,
reasonable modification of the time schedules otherwise stated in
this article or in said related regulations or requirements.
Any person or persons jointly or severally aggrieved
by any decision of the Planning Board on a site plan approval application
may apply to the Supreme Court of the State of New York for relief
through a proceeding under Article 78 of the Civil Practice Law and
Rules of the State of New York. Such proceedings shall be governed
by the specific provisions of Article 78, except that the action must
be initiated as therein provided within 30 days after the filing of
the Board's decision in the office of the Town Clerk.
