Site plan review and approval shall be required for all development
within the Town of Stafford excluding one- and two-family dwellings
and their accessory buildings and uses and buildings designed and
intended for agricultural purposes and their accessory buildings and
uses. The Planning Board shall review and approve, or approve with
modifications, or disapprove a site plan in connection with any matter
as set forth by this chapter requiring submission of a site plan.
A.
Notice and public hearing. The Planning Board may, in its sole discretion,
hold a public hearing as part of the site plan review process. When
a public hearing is held as part of the site plan review, the public
hearing shall be held at a time fixed within 62 days from the date
the complete application for site plan review is received by it, and
public notice thereof shall be published in a newspaper of general
circulation in the Town at least five days prior to the date of the
hearing. The Planning Board shall mail a notice of the hearing to
the applicant at least 10 days before such hearing and also send,
by regular mail, a copy of the notice of hearing to all owners of
property located within 300 feet of the property which is the subject
of the application is located at least 10 days before the date of
the hearing. When necessary under § 239-m of the General
Municipal Law, the Planning Board shall forward the site plan to the
Genesee County Planning Board for its review prior to taking any final
action.[1]
B.
Submission of site plan and data. The applicant shall submit to the
Town Clerk 10 copies of a site plan and supporting data in a form
satisfactory to the Planning Board, including, but not limited to,
the following information presented in graphic form and accompanied
by a written text.
(1)
Survey of property showing existing features, including contours,
utility easements, large trees, buildings, uses, structures, streets,
rights-of-way, zoning and ownership of surrounding property.
(2)
Layout sketch showing proposed lots, blocks, building locations and
land use area.
(3)
Traffic circulation, parking and loading spaces, and pedestrian walks.
(4)
Landscaping plans, including site grading, landscape design, open
space and buffer zone.
(5)
Preliminary architectural drawings for buildings to be constructed,
floor plans, exterior elevations and sections.
(6)
Preliminary engineering plans, street improvements, storm drainage,
water supply and sanitary sewer facilities and fire protection.
(7)
Engineering feasibility study of any anticipated problem which may
arise from the proposed development, as required by the Planning Board.
(8)
Construction sequence and time schedule for completion of each phase
for buildings, parking and landscaped areas.
(9)
Description of proposed uses, anticipated hours of operation, expected
number of employees, and anticipated volume of traffic generated.
(10)
Together with any other permits or applications made to other
governmental agencies and any additional information requested by
the Planning Board.
C.
Site plan review criteria. The Town Planning Board shall review the
site plan and supporting data before approval, approval with modifications,
or disapproval of such site plan, taking into consideration the following:
(1)
Harmonious relationship between proposed uses and existing adjacent
uses.
(2)
Maximum safety of vehicular circulation between the site and street
including emergency vehicle access.
(3)
Adequacy of interior circulation, parking and loading facilities
with particular attention to pedestrian safety and emergency vehicle
access.
(4)
Adequacy of landscaping and setbacks to achieve compatibility with,
and protection of, adjacent residential uses.
(5)
Adequacy of municipal facilities to serve the proposal, including
streets, water supply and wastewater treatment systems, stormwater
control systems, and fire protection.
D.
Area variances. Notwithstanding any provisions of law to the contrary,
where a proposed site plan contains one or more features which do
not comply with this chapter, applications may be made to the Zoning
Board of Appeals for an area variance pursuant to NYS Town Law § 274-a,
without the necessity of a decision or determination of an administrative
official charged with the enforcement of this chapter.
E.
Modifications and conditions.
(1)
The Planning Board may require changes or additions in relation to
yards, driveways, landscaping, buffer zones, etc., to insure safety,
to minimize traffic difficulties and to safeguard adjacent properties.
Should changes or additional facilities be required by the Planning
Board, final approval of site plan shall be conditional upon satisfactory
compliance by applicant in making the changes or additions.
(2)
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a proposed site plan. Upon its approval of said site plan, any
such conditions must be met in connection with the issuance of permits
by applicable enforcement agents or officers of the Town.
F.
Waiver of requirements. The Planning Board is empowered, when reasonable,
to waive any requirements for the approval, approval with modifications
or disapproval of site plans submitted for approval. Any such waiver,
which shall be subject to appropriate conditions set forth in this
chapter, and may be exercised in the event any such requirements are
found not to be requisite in the interest of the public health, safety
or general welfare or inappropriate to a particular site plan.
G.
Reservation of parkland on site plans containing residential units.
(1)
Before the Planning Board may approve a site plan containing residential
units, such site plan shall also show, when required by the Planning
Board or this chapter, a park or parks suitably located for playground
or other recreational purposes.
(2)
Land for park, playground or other recreational purposes may not
be required until the authorized board has made a finding that a proper
case exists for requiring that a park or parks be suitably located
for playgrounds or other recreational purposes within the Town. Such
findings shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the Town based
on projected population growth to which the particular site plan will
contribute.
(3)
In the event the Planning Board makes a finding pursuant to Subsection G(2) that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require (on the consent of the Town Board) a sum of money to be deposited by the developer in lieu thereof in a trust fund to be established by the Town Board as provided below. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board to be deposited in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
(4)
Notwithstanding the foregoing provisions of this subsection, if the
land included in a site plan under review is a portion of a subdivision
plat which has been reviewed and approved pursuant to NYS Town Law
§ 276, the Planning Board shall credit the applicant for
any land set aside or money donated in lieu thereof under such subdivision
plat approval. In the event of resubdivision of such plat, nothing
shall preclude the additional reservation of parkland or money donated
in lieu thereof.
H.
Performance bond or letter of credit as a condition of site plan
approval. The Planning Board may require as a condition of site plan
approval that the applicant file a performance bond or letter of credit
in such amount as the Planning Board determines to be in the public
interest, to insure that proposed development will be built in compliance
with accepted plans. Any such bond must be in a form acceptable to
the Town Attorney for an amount approved by the Town Board.
I.
Performance standards. In all districts, uses are not permitted which
violate applicable county, state and/or federal codes and regulations
pertaining to environmental issues. The Planning Board, under its
powers of site plan review and approval, may in its discretion reject
any uses if it determines that insufficient evidence has been submitted
to show compliance with these environmental standards. However, final
responsibility for compliance with all environmental laws and regulations
lies with the applicant.
J.
Decisions. The Planning Board shall decide any matter referred to
it under this section within 62 days after the first regular monthly
meeting of the Planning Board at least 10 days prior to which the
site plan and all supporting data required by this article are submitted
to the Town Clerk. Such time may be extended by mutual consent of
the Planning Board and the developer. Prior to rendering its decision,
the Board shall first complete the SEQR process. In those instances
where due to the location of the affected property, a variance request
is subject to review under General Municipal Law § 239-m,
a majority plus one vote of the entire Planning Board is necessary
to override a County Planning Board recommendation of disapproval
or approval with modification. The decision of the Planning Board
shall be filed in the office of the Town Clerk within five business
days after such decision is rendered, and a copy mailed to the applicant
by regular mail.
K.
Changes and revisions. Any applicant wishing to make changes in an
approved site plan shall submit a revised site plan to the Planning
Board for review and approval.
