[Amended 1-24-2011 by L.L. No. 1-2011]
The intent of site plan review is to evaluate specified land
uses in terms of their suitability to natural site conditions, their
compatibility with surrounding land uses and their conformance with
overall plans for the community, thus minimizing possible adverse
effects on the health, safety and welfare of local residents.
[Amended 1-24-2011 by L.L. No. 1-2011]
A.
Site plan submittal shall be provided as follows:
(1)
Any change of occupancy as per the current New York State Building
Code definitions.
(2)
Additions that exceed 25% of the existing gross floor area.
(3)
Alterations that exceed 50% of the existing gross floor area.
(4)
Commercial and industrial accessory structures that exceed 600 square
feet in gross floor area.
B.
Exceptions:
(1)
Single-, two-, or three-family dwelling on an individual lot, including
their permitted accessory structures; and general farming use.
(2)
A site plan may not be required when a building is vacant in excess
of one year, granted the building reoccupies as permitted use and
complies with all provisions of the Town's Zoning Law. However, the
Building Inspector may require a site plan if there are unusual circumstances
pertaining to that site or situation.
The Planning Board, in accordance with § 274-a
of the Town Law, is hereby authorized to review and approve, approve
with modifications or disapprove site plans prepared in accordance
with such standards as are duly adopted by the Planning Board.
A.
Sketch plan. A sketch plan conference shall be held
between the Planning Board and the applicant 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 or
her proposal prior to the preparation of a detailed site plan and
prior to incurring design costs 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. The project's status under SEQR will
be determined at this time. In order to accomplish these objectives,
the applicant shall provide sketches of the proposed development,
together with an area map showing the location of the site in the
general area. Although not mandatory, this step is designed to save
the applicant from possible future delays.
B.
Site plan. An application for site plan approval shall
be made, in writing, to the Chairman of the Planning Board and shall
be accompanied by the following drawings, documents and information
to be prepared by a qualified professional engineer, architect, planner
or surveyor, as appropriate and as determined necessary by the Planning
Board:[1]
(1)
The title of the drawing, the name of the development,
the name of the applicant, the name and seal of the person preparing
the drawing, North point, the scale and date, to be included on all
drawings.
(2)
A boundary survey.
(3)
A topographical survey based on United States Geological
Survey datum to extend a reasonable distance beyond the site.
(4)
The location and dimensions of existing and proposed
easements.
(5)
Existing natural features such as watercourses, water
bodies, wetlands, wooded areas, individual large trees and flood hazard
areas. Features to be retained in the development should be indicated.
(6)
Soil characteristics regarding capabilities and/or
limitations for development.
(7)
The location and design of all existing on-site or
nearby improvements, including drains, culverts, waterlines, sewers,
gas and electric lines and poles, bridges, retaining walls and fences.
(8)
The location and design of proposed utilities, including
water and sanitary and storm sewer systems.
(9)
The location and design of all streets, parking and
service areas, access drives and bicycle and pedestrian ways within
and immediately adjoining the site.
(10)
The location and height of proposed buildings
and structures.
(11)
The location and proposed development of all
open space, including parks, playgrounds, screen planting and other
landscaping.
(12)
The location, size and design of all proposed
signs and lighting facilities.
(13)
The location of outdoor storage, including garbage,
if any.
(14)
The location and design of all energy distribution
facilities, including electrical, gas and solar energy.
(15)
A grading and drainage plan, showing existing
and proposed contours at intervals not more than 2.5 feet.
(16)
A general landscaping plan and planting schedule.
(17)
Conformance to any approved federal, state and
county plans.
(18)
Lines and dimensions of all property which is
offered or to be offered for dedication for public use, with the purpose
indicated thereon, and of all property that is proposed to be reserved
by deed covenant for the common use of the property owners of the
development.
(19)
A record of the application for and status of
all necessary permits from other governmental bodies.
(20)
An estimated project construction schedule.
(21)
Other elements integral to the proposed development
as considered necessary by the Planning Board.
(22)
Conformance to all regulations concerning state
and federal wetlands, flood zones, SEQR, § 283-a of the
Town Law and revised §§ 239-m and 239-n of the General
Municipal Law.
(23)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 164, Stormwater Management, of this Code and Article XVII of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XVII, Stormwater Control, of this chapter. The approved site plan shall be consistent with the provisions of this chapter.
[Added 11-13-2007 by L.L. No. 9-2007]
C.
Referrals. The Planning Board shall refer the site
plan to the Municipal Engineer and, as deemed necessary, to all other
officials and agencies for their review and recommendations.
D.
Public hearing. The Planning Board may conduct a public
hearing on the site plan if considered desirable by the majority of
its members.
E.
County referral. Prior to taking action on the site
plan, the Planning Board shall refer the plan to the County Planning
Board for advisory review and a report in accordance with §§ 239-l
and 239-m of the General Municipal Law.
The Planning Board's review of the site plan
shall include, as appropriate, but is not limited to the following
considerations:
A.
Zoning compliance and compatibility with the Comprehensive
Plan.
B.
Location, arrangement, size, design and general site
compatibility of buildings, lighting and signs; adequacy and arrangement
of vehicular traffic access and circulation, including intersections,
road widths, pavement surfaces, dividers and traffic controls.
C.
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
D.
Adequacy and arrangement of pedestrian traffic access
and circulation, walkway structures, control of intersections with
vehicular traffic, and overall pedestrian convenience.
E.
Adequacy of stormwater and drainage facilities; adequacy
of water supply and sewage disposal facilities.
F.
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.
G.
Adequacy of fire lanes and other emergency zones and
the provision of fire hydrants.
H.
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
I.
Overall impact on the neighborhood, including compatibility
of design considerations.
[Amended 8-14-2006 by L.L. 5-2006]
Within 62 days of receipt of the complete application
for site plan approval, the Planning Board shall render a decision
of approval, conditional approval or disapproval. This time period
may be extended by mutual consent of the applicant and the Planning
Board.
A.
Approval. Upon approval, 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.
Approval of any site plan so deemed shall remain in effect for a period
of not more than one year (from the date of the approval minutes being
filed with the Town Clerk) unless a successful application for a building
permit has been made within that period or a one-time six-month extension
has been granted by the Planning Board. If a six-month extension is
granted and no building permit application is received, the site plan
approval shall be considered expired and for the project to proceed,
the project must return to the Planning Board for a new site plan
approval process (meeting all current zoning and other Town requirements).
[Amended 11-7-2022 by L.L. No. 3-2022]
B.
Conditional approval. The Planning Board may conditionally
approve the site plan. Upon adequate demonstration by the applicant
that all conditions have been met, 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.
C.
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.
D.
Once a
complete application is made to the Planning Board for site plan approval
and, at any point during the process, there is inaction (no new information
submitted and no appearances at the Planning Board) by the applicant
for a period of six months, the application will be determined as
being withdrawn and the applicant will be notified. To begin the process
again, the applicant will be required to make a new application to
the Town and the process will be restarted.
[Added 11-7-2022 by L.L. No. 3-2022]
An application for site plan review shall be
accompanied by a fee in an amount as determined by the Town Board.
[1]
Editor's Note: A fee schedule is on file at
the office of the Town Clerk.
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.
A.
No certificate of occupancy 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.
B.
The enforcement officer shall be responsible for the
overall inspection of site improvements, including coordination with
other officials and agencies, as appropriate.
C.
The applicant shall provide a map satisfactory to
the enforcement officer indicating locations of monuments marking
all underground utilities as actually installed. No performance bonds
shall be released nor certificates of occupancy issued until such
map is provided by the developer.
