In accordance with Article III, § 164-8, District Schedule of Use Regulations, prior to the issuance of a building permit or certificate of occupancy for a change of use in any district, except for a one- or two-family dwelling and related accessory uses, including permitted home occupations or agricultural and conservation uses permitted by right, the Building Inspector shall require the preparation and approval of a site plan. The Building Inspector 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 more specific design standards and review procedures set forth in this article.
A.
A sketch plan conference between the Planning Board
and applicant shall be held to initially review the basic site design
concept and generally determine the extent of site plan review necessary
for the intended project and the information to be required on the
site plan and in accompanying reports. At the sketch plan conference,
the applicant should provide a written statement and/or rough sketch
describing what is proposed, including indication of all existing
structures and uses, if any, on the site. The applicant should also
provide an area map keyed to the real property Tax Maps, showing the
parcel under consideration for site plan review, and all properties,
structures, subdivisions, streets and easements within 200 feet of
the boundaries thereof.
B.
At the sketch plan conference, the Planning Board
shall take one of three actions:
(1)
Administratively 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, as determined
by the Building Inspector, wherein no substantial site improvements
are either required or proposed.
(2)
Administratively 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 the site plan submission requirements in accordance with the site plan checklist set forth in § 164-32.
(3)
Require additional sketch plan information prior to
making a determination regarding the applicability of the site plan
review and approval procedure.
Within three calendar months of the sketch plan
conference, a complete application for site plan approval shall be
made in writing to the Planning Board and shall be accompanied by
not less than six 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 registered landscape
architect and other licensed design professionals as may be necessary
to comply with the professional licensing regulations administered
by the New York State Education Department:
A.
Site plan checklist. The site plan checklist shall
include:
(1)
Title of the drawing, including the name and address
of the applicant and person(s) responsible for the preparation of
such drawing.
(2)
North arrow, scale and date.
(3)
An area map keyed to the real property tax maps, showing
the parcel under consideration for site plan review, and all properties,
subdivisions, streets and easements within 200 feet of the boundaries
thereof.
(4)
Accurate boundaries of the property plotted to scale,
including reference to specific data source.
(5)
Existing watercourses, wetlands and floodplains, including
reference to specific data source.
(6)
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 or where general site grades exceed 5% or where there
may be susceptibility to erosion, flooding or ponding.
(7)
Location, proposed use and height of all buildings,
both existing and proposed.
(8)
Location, design and construction materials of all
parking and truck-loading areas, including their access and egress
drives and clear indication of all traffic patterns on the site.
(9)
Provision for pedestrian access.
(10)
Location of outdoor storage for equipment and
materials, if any.
(11)
Location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
(12)
Description of the method of sewage disposal
and the location, design and construction materials of such facilities.
(13)
Description of the method of securing water
supply and the location, design and construction materials of such
facilities.
(14)
Location of fire and other emergency zones,
including the location of fire hydrants or of the nearest alternative
water supply for fire emergencies.
(15)
Location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy.
(16)
Location, size and design and construction materials
of all proposed signage, including associated lighting, if any.
(17)
Location and proposed development of all buffer
areas, including indication of both existing vegetative cover and
that portion that will be preserved.
(18)
Location and design of outdoor lighting facilities,
including data regarding, when appropriate, lighting levels, both
within the site and at the site's boundaries, if adjacent to residential
development.
(19)
Designation of the amount of building area proposed
for retail sales, office use or similar commercial activity.
(20)
Detailed landscaping plan and planting schedule,
including the number, size, type and location of all canopy trees
or understory trees, shrubs and ground cover to be planted.
(21)
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.
(22)
Other elements integral to the proposed development
as considered necessary by the Planning Board and as may be reasonably
related to the requirements of this article and § 274-a
of the Town Law, including the identification of any state or county
permits required for the project's execution.
B.
Required fee. A complete application for site plan
review and approval shall be accompanied by the applicable fee and
escrow deposit in accordance with the fee schedule established and
annually reviewed by the Town Board.
C.
Environmental assessment form. A complete application
for site plan review and approval shall also be accompanied by a short
or full environmental assessment form (EAF) as required by SEQRA,
Article 8 of the Environmental Conservation Law and Title 6, Part
617, NYCRR.
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, channelization structures and other 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 facilities.
(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 of 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 or in the vicinity of wetlands or similar
natural features.
(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, Superintendent of Highways,
the Conservation Advisory Council, other local and county officials,
and its designated private planning and engineering consultants, in
addition to representatives of state agencies, including but not limited
to the State Department of Transportation, the State Health Department
and the 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 calendar days of the receipt
of the complete application and shall be advertised in the official
newspaper of the Town at least five calendar 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 Dutchess County Department of Planning for advisory review
and a report in accordance with §§ 239-l and 239-m
of the General Municipal Law.
Within 45 days of the conduct of a public hearing,
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, 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 calendar 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 calendar 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 or the work, a detailed site improvements 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 certificate
of occupancy if the project conforms to all other applicable requirements.
D.
Expiration of approval.
(1)
Planning Board approval of a site plan shall expire
if either of the following circumstances occurs:
(a)
The site plan is not submitted for stamping
and signature by the Chairman within six calendar months of the Planning
Board's resolution of site plan approval, with or without modifications.
(b)
A complete application for either a building
permit or certificate of occupancy is not submitted to the Building
Inspector within six calendar months of the stamping and signing of
the site plan by the Chairman.
(2)
Upon prior written request to the Planning Board,
the time period for either submission of the site plan or submission
of the complete application for a building permit or certificate of
occupancy may be extended for a maximum period of six calendar months
from its otherwise specified termination date.
[Amended 8-10-2006 by L.L. No. 2-2006]
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.
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
designated Town Engineer, other local officials or the Planning Board's
designated private consultants.
The Building Inspector shall be responsible
for the overall inspection of site improvements, including coordination
with the designated Town Engineer and other local officials and agencies,
as may be appropriate, on multifamily residential, institutional,
commercial and light manufacturing projects. Reasonable expenses incurred
by the Town for inspections by the designated Town Engineer or other
appropriate professionals shall, in addition to costs associated with
site plan review, be reimbursed to the Town by the applicant in accordance
with the fee schedule established and annually reviewed by the Town
Board.
Whenever the particular circumstances of a proposed
development require compliance with either another procedure in this
chapter, such as special permit review and approval, the requirements
of the Town Land Subdivision Regulations 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 section 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 Laws and
Regulations of the State of New York. Such proceeding shall be governed
by the specific provisions of Article 78, except that the action must
be initiated as therein provided within 30 calendar days after the
filing of the Board's decision in the office of the Town Clerk.
