Purpose. The purpose of site plan review is to provide for the review and approval of development plans to ensure that land development occurs in harmony with surrounding uses, without adversely impacting neighboring parcels, property values, public facilities, infrastructure or the natural environment, including agricultural and open space resources.
Authority. Pursuant to Town Law § 274-a, the Planning Board is hereby authorized to review and approve, approve with modifications, 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.
[Amended 9-6-2012 by L.L. No. 3-2012]
Site plan review shall be required for any use listed in Table 1 as requiring site plan review, including any change in an existing use or to construct, improve, remodel, renovate, demolish or convert any building or structure listed as requiring site plan review in Table 1, or for any amendment to an approved site plan, or for any land clearing exceeding any threshold established in § 190-65, or for replacement of a nonconforming structure of a larger size on the same footprint of an existing nonconforming structure pursuant to § 190-74, except that the following activities shall be exempt from site plan review:
An addition or other site change affecting less than 500 square feet, cumulatively from the date of enactment of this section.
A change in use of an existing building which results in an increase in parking requirements of less than five cars, cumulatively from the date of enactment of this section.
Editor's Note: Table 1 in included at the end of this chapter.
Before commencing any land use activity that is not otherwise exempt from the provisions of this chapter, the owner of the property where the activity is proposed to take place, or where person authorized in writing to act for such owner, shall, in accordance with the provisions stated herein, submit a site plan application, together with appropriate supporting data, to the Planning Board.
An informal conference between the applicant and the Planning Board is strongly encouraged prior to submission of a site plan application to review the proposed development in light of existing conditions and to generally determine the information required in the site plan. At the conference, the applicant shall provide either a verbal or written statement and a rough sketch describing what is proposed, together with a United States Geological Survey (USGS) topographic map or Tax Map showing the location of the building site and its relationship to the surrounding area.
At the sketch plan conference, the Planning Board will determine if the proposal is in conformity with the adopted Comprehensive Plan and to the extent feasible shall provide the applicant with an indication of whether the proposal, in its rough concept, is acceptable or should be modified before expenditures for more detailed planning are made. The Planning Board shall also review with the applicant submission requirements from § 190-16 to determine what specific information is to be presented with the site plan, as well as what additional information, if any, shall be required.
To apply for site plan approval, an applicant shall complete a site plan application form. The time of submission of the site plan application form shall be the date of the regular meeting of the Planning Board at which the application is deemed complete and duly considered. The application shall be submitted to the Clerk of the Planning Board at least 10 days prior to said meeting and shall be accompanied by all fees and data required by §§ 190-16 and 190-25 of these regulations.
The site plan submitted for approval and supporting documentation shall include all of the following information, except where waived by the Planning Board during the initial review. In addition, the Planning Board shall have the authority to require such additional information and documentation from the applicant as it shall deem necessary to conduct an informed and adequate review.
Site map. Five copies of the plan shall be submitted. The size of the plan sheets shall be at least 11 inches by 17 inches, including a margin for binding of two inches outside of the border along the left side and a margin of one inch outside of the border along the remaining sides. The plan shall be drawn at a scale of one inch equals 50 feet or larger and shall show existing topography at contour intervals of not more than five feet. This map shall show the site area and any pertinent natural features that may affect the proposed use such as watercourses, wetlands, wooded areas, areas that are subject to flooding, etc. The Planning Board may require that appropriate engineering plans prepared by a licensed professional be submitted. The plan shall show:
Title of the site plan, including name and address of the applicant and person responsible for preparing such drawing.
North arrow, scale and date.
Boundaries of property plotted to scale.
The location, size and existing use of buildings and other structures on premises.
The location and ownership identification of all adjacent lands, including across roadways.
The location, name, and width of existing adjacent roads.
The location, width, and identification of all existing and proposed rights-of-way, easements, setbacks, reservations and areas dedicated to public use on or adjoining the property.
The location of slopes in excess of 15%, wetlands, flood- and erosion-prone areas, watercourses and natural drainage patterns.
The location of significant trees, shrubs, and/or edge of wooded areas.
The location of all structures, significant or sensitive environmental features, and utilities within 500 feet of the property line.
The location of bedrock outcrops and other significant geological features.
Development plan map.
Grading and drainage plan, showing existing and proposed contours at contour intervals of not more than five feet and watercourses if a change in topography is proposed.
Locations, type of construction and exterior dimensions of all buildings and other structures.
Identification of the amount of gross floor area proposed for retail sales and services, offices, and other commercial or industrial facilities.
The location, type of construction, and area of all parking and truck loading areas showing access and egress points to the site.
Provision for pedestrian access, including public and private sidewalks, if applicable.
The location and intended use of outdoor storage, if any.
The location and construction materials of all existing or proposed site improvements, including drains, culverts, berms, retaining walls, fences, patios, paved areas, and decks.
Description of the method of sewage disposal and the location of such facilities.
The location of waste storage containers, including proposed solid waste and hazardous waste collection, storage and staging areas.
Description of the method of securing water, the location of such facilities, and approximate quantity of water required.
The location of fire lanes and other emergency zones, including the location of fire hydrants if required.
The location, design, and construction materials of all energy generation and distribution facilities, including electrical, gas, wind, hydro and solar energy.
The location, size, design and type of all proposed temporary and permanent signs.
The location and development of all proposed buffer areas, including indication of existing and proposed vegetative cover.
The location and design of existing and proposed outdoor lighting, including height, type of bulb, type/style of fixture and hours of operation.
Proposed planting plans, including screening and buffer areas with the planting and general landscaping schedule.
Record of applications and approval status of all necessary permits from federal, state, county and local offices.
Estimated project construction schedule.
Other elements integral to the proposed development as may be specified by the Planning Board at the sketch plan conference, such as contour intervals or licensed survey, etc.
Elevations or cross sections of proposed buildings.
Elevations and/or cross sections. Elevations and/or cross sections illustrating front, rear, and side profiles drawn to the scale of 1/8 inch equals one foot may be required by the Planning Board. The elevations and/or cross sections shall clearly delineate the dimensions of all buildings, building materials, and other permanent structures included in the proposal, including the dimensions and height of lighting facilities and signs.
Plans. The Planning Board may require, as appropriate, engineering plans prepared by a licensed professional to illustrate and describe such development aspects as road improvements, drainage systems, grading plans, public or private utility systems sewer and water facilities and such other supporting data as may be necessary.
State Environmental Quality Review Act. In addition to the above list, the applicant shall prepare and file with the site plan application the New York short environmental assessment form to allow the Planning Board to determine the applicability of the State Environmental Quality Review Act (SEQRA). Type II actions are not subject to review under SEQRA.
Owner's permission. If the person filing the site plan application is the owner of the property on which the land use activity is proposed, a notarized statement to that effect shall be filed, giving the name(s) of the owner(s) of the property. For nonowner applicants, a notarized written permission of the owner(s) that references the proposed land use shall be filed with the Planning Board.
Waiver. The Planning Board may waive some or all of the site plan submission requirements when, in the Board's judgment, such information is not required for its review of the proposal. The Board must state in writing its grounds for such a waiver. The affirmative vote of four or more Board members will be required for such a waiver.
A less intensive review may be conducted for minor types of projects that do not generate a significant amount of traffic and/or that have little or no adverse impacts to neighboring properties and uses, except in the case of an existing or new small business. Certain requirements of § 190-16 of this chapter for such proposed uses may be waived by majority vote, where warranted. The Planning Board must state in writing its grounds for waiving certain submission requirements and file such statement along with the site plan application and supporting documents.
Any existing small business, defined as one occupying less than 2,500 square feet in area, may, at the discretion of the Planning Board, be entitled to a less intensive review of its application. Proof of small business status shall be submitted with the application. Any new small business, as defined herein, may, at the discretion of the Planning Board, initially be entitled to a less intensive review.
The Planning Board shall, within 30 days of a site plan application being filed, determine whether to accept the application as complete and begin the review process or to reject the application as incomplete. Incomplete applications shall be returned to the applicant with a letter stating the application deficiencies.
The site plan applications and associated maps shall include all proposed phases of development. Site plan approval shall be based on the total planned project in order to facilitate the assessment of all potential development impacts. The Planning Board shall consider applications incomplete where there is reason to believe the application applies to only a segment of the total planned development. In such situations, the Planning Board shall return such application to the applicant, together with a letter stating the basis for its determination.
Coordinated review. The Planning Board may refer the site plan for review and comment to local and county officials, or their designated consultants, and to representatives of federal, state, and county agencies, including but not limited to the Soil Conservation Service, the New York State Department of Transportation, the State Department of Environmental Conservation, and the State Department of Health.
Required referral. Prior to taking the final action on the site plan and where applicable, the Planning Board will refer the site plan to an adjoining municipal authority or the Washington County Planning Board as required according to General Municipal Law § 239-m.
The Planning Board shall determine compliance with SEQRA prior to site plan approval.
The Planning Board shall conduct a public hearing on the site plan unless it determines by affirmative vote of a majority of its members that the application is of so minor a nature that a public hearing is not required. Such hearing shall be held in accordance with Town Law § 274-a. Notice of the hearing shall be provided to the applicant and advertised in accordance with Town Law § 274-a. In addition, adjacent property owners will be notified of such hearing at this time.
Following conclusion of the SEQRA review process and following its receipt and acceptance of the complete application for site plan approval or, if a public hearing is held, after the close of the hearing, in accordance with Town Law § 274-a, the Planning Board shall, within 62 days, render its decision to either approve, approve with modifications, or disapprove the site plan.
Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval signed by the Chair of the Board or his designee on the site plan and shall immediately file the site plan and the written statement of approval with the Town Clerk in accordance with Town Law § 274-a, Subdivision 8. A copy of the written statement of approval shall be given to the applicant and the Enforcement Officer.
Copies of the complete site plan application documents and a written statement of approval containing the modification and conditions required by the Planning Board, signed by the Chair of the Board or his designee, shall be filed with the Town Clerk. Copies of the written statement of approval containing the modifications and conditions shall be provided to the applicant and the Enforcement Officer.
Disapproval. The Planning Board, upon disapproval of an applicant's site plan based upon a review of the proposal against the standards set out in Article IV of this chapter, shall file with the Town Clerk a written statement of the decision containing the reasons for the disapproval, signed by the Chair of the Board or his designee. Copies of the written statement of disapproval shall be provided to the applicant and the Enforcement Officer.
The time period during which the Planning Board must render a decision may be extended by mutual consent of the applicant and the Planning Board.
[Amended 11-7-2012 by L.L. No. 4-2012]
The Board shall have the power to engage the services of professional engineers, architects, landscape architects, surveyors, attorneys, and other consultants to the extent reasonably necessary to assist in accurately and properly reviewing site plan applications.
The Board shall have the authority to obtain estimates of the costs of any professional or technical reviews, studies or services of any type application through all stages. Said estimates shall be made available to the applicant at no cost.
When the Board has received a statement in writing from the applicant that he has reviewed the estimate of costs for the preliminary stage and authorizes the Board to proceed with preliminary review, the Board shall have the authority to collect a deposit from the applicant sufficient to cover the estimated costs. Said deposit shall be held in an interest-bearing account for the benefit of the applicant until used to pay for such costs. Any part of said deposit not used to pay for such costs shall be returned to the applicant at the conclusion of the preliminary stage.
[Added 9-6-2012 by L.L. No. 3-2012]
No site plan approval shall be valid for a period longer than one year from the date of issuance if construction of the site plan has not begun. If construction of the site plan has actually begun within the first year and is thereafter diligently pursued to completion within the second year, the site plan approval shall remain in force. In the event that construction has not been completed two years from the date of the site plan approval, the site plan shall expire, unless extended by the Planning Board.
One or more extensions of said time, each not to exceed one year, may be granted by the Planning Board to extend the effective life of a site plan approval if the facts which supported the granting of the approval have not materially changed.