[HISTORY: Adopted by the Town Board of the Town of Waterford 6-3-1986 by L.L. No. 4-1986. Amendments noted where applicable.]
This chapter shall be known as the "Town of Waterford Site Plan Review Law." The Town of Waterford is hereinafter referred to as the "Town."
Through site plan review, it is the intent of this chapter to promote the health, safety and general welfare of the Town. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town and the general welfare of its inhabitants.
It is further the intent of this chapter to ensure the optimum overall conservation, protection, preservation, development and use of the natural and man-related resources of the Town by regulating land use activity within the Town through review and approval of site plans.
It is not the intent of this chapter to prohibit, per se, any land use activity but to allow all land use activities which will meet the standards set forth in this chapter.
The Planning Board is hereby authorized to review and approve 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.
Applicability or review requirements. All new land use activities within the Town shall require site plan review and approval before being undertaken, except the following:
Landscaping or grading which is not intended to be used in connection with land use reviewable under the provisions of this chapter.
Construction of one- or two-family dwellings and ordinary accessory structures, and related land use activities.
Ordinary repair or maintenance or interior alterations to existing structures or uses.
Exterior alterations or additions to existing structures which would not increase the square footage of the existing structure by more than 25%.
[Amended 10-7-1997 by L.L. No. 11-1997; 8-4-2009 by L.L. No. 12-2009]
Effect on existing uses. This chapter does not apply to uses and structures which are lawfully in existence as of the date this chapter becomes effective. Any use which would otherwise be subject to this chapter that has been discontinued for a period of two years or more shall be subject to review pursuant to the terms of this chapter before such use it resumed. Any use or structure shall be considered to be in existence, provided that the same has been substantially commenced as of the effective date of this chapter and fully constructed and completed within one year from the effective date of this chapter.
Relationship of this chapter to other laws and regulations. This chapter in no way affects the provisions or requirements of any other federal, state or local law or regulations. Where this chapter is in conflict with any other such law or regulation, the more restrictive shall apply.
As used in this chapter, the following terms shall have the meanings indicated:
- A person or persons related to each other by blood, marriage or adoption (and/or not more than three individuals not so related) living together as a single housekeeping unit.
- LAND USE ACTIVITY
- Any construction or other activity which changes the use or appearance of land or a structure or the intensity of use of land or a structure. "Land use activity" shall explicitly include, but not be limited to, the following: new structures, expansions to existing structures, new uses, changes in or expansions of existing uses, roads, driveways and excavations for the purpose of extracting soil or mineral deposits.
- ONE-FAMILY DWELLING
- A complete self-contained residential unit for permanent habitation by one family only, containing one or more rooms and facilities for living, including cooking, sleeping and sanitary needs.
- The high-water mark of any lake, pond, river or permanent stream.
- Any object constructed, installed or placed on land to facilitate land use and development or subdivision of land, such as buildings, sheds, signs, tanks and fixtures and additions and alterations thereto.
- STRUCTURE, ACCESSORY
- Any structure designed to accommodate an accessory use but detached from the principal structure, such as a freestanding garage for vehicles accessory to the principal use a storage shed, garden house or similar facility.
- TWO-FAMILY DWELLING
- Two complete, but separate dwelling units, each for habitation
by one family only in a single structure having a common wall roof,
wall or ceiling and containing separate rooms and facilities for living,
including cooking, sleeping and sanitary needs.[Amended 9-1-1987 by L.L. No. 3-1987]
Any term used in this chapter which is not defined hereinabove shall carry its customary meaning unless the context otherwise dictates.
Prior to undertaking any new land use activity, except for a one- or two-family dwelling and other uses specifically excepted in § 131-4A of this chapter, a site plan approval by the Planning Board is required. Applicants for site plan approval should follow the recommended procedures related to the sketch plan conference as hereinafter set forth. Applicants must comply with all other procedures and requirements of this chapter.
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 proposal prior to the preparation of a detailed site plan 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.
In order to accomplish these objectives, the applicant shall provide the following:
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets, rights-of-way, easements and other pertinent features within 200 feet of the boundaries of the parcel.
A topographic or contour map of adequate scale and detail to show site topography.
An application for site plan approval shall be made, in writing, to the Chairman of the Planning Board and shall be accompanied by information contained on the following checklist as determined necessary by the Planning Board at said sketch plan conference.
Site plan checklist. The following shall be required with the application for site plan approval.
The title of the drawing, including the names and addresses of the applicant and person responsible for preparation of such drawing.
The North arrow, scale and date.
The boundaries of the property, plotted to scale.
A grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses.
The location, design, type of construction, proposed use and exterior dimensions of all buildings.
The location, design and type of construction of all parking and truck-loading areas, showing access and egress.
Provisions for pedestrian access.
The location of outdoor storage, if any.
The location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
A description of the method of sewage disposal and location, design and construction materials of such facilities.
A description of the method of securing public water and location, design and construction materials of such facilities.
The location of fire and other emergency zones, including the location of fire hydrants.
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
The location, size and design and type of construction of all proposed signs.
The location and proposed development of all buffer areas, including and existing vegetative cover.
The location and design of outdoor lighting facilities.
An identification of the location and amount of building area proposed for retail sales or similar commercial activity.
A general landscaping plan and planting schedule.
An estimated project construction schedule.
A record of application for and status of all necessary permits from other governmental bodies.
An identification of any permit from other governmental bodies required for the project's execution.
Any other elements integral to the proposed development, as may be considered necessary in the particular case by the Planning Board.
[Added 4-5-2016 by L.L. No. 3-2016]
A stormwater pollution prevention plan consistent with the requirements of Chapter 142, Stormwater Management and Erosion and Sediment Control, and Chapter 161, Zoning, Article XI, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 161, Zoning, Article XI. The approved site plan shall be consistent with the provisions of this Chapter 142, Stormwater Management and Erosion and Sediment Control, and Chapter 161, Zoning, Article XI.
The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations:
The location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
The location, arrangement, appearance and sufficiency of off-street parking and loading.
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
The adequacy of stormwater and drainage facilities.
The adequacy of water supply and sewage disposal facilities.
The 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.
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
Overall impact on the neighborhood, including compatibility of design considerations.
The Planning Board may conduct a public hearing on the site plan if considered desirable by a majority of its members. Such hearing shall be held within 45 days of the receipt of an application for site plan review and shall be advertised in the Town's official newspaper or, if there is none, in a newspaper of general circulation in the Town at least five days before the public hearing.
Within 45 days of receipt of the application for site plan approval or, if a public hearing is held, within 45 days of the public hearing, the Planning Board shall render a decision. In its decision the Planning Board may approve, approve with modifications or disapprove the site plan. The time period in which the Planning Board must render its decision can be extended by mutual consent of the applicant and the Planning Board.
Approval. Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due the Town, 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 by certified mail, return receipt requested.
Approval with modifications. The Planning Board may conditionally approve the final site plan. A copy of the written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met and payment by the applicant of all fees and reimbursable costs due the Town, 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 by certified mail, return receipt requested.
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 by certified mail, return receipt requested, along with the Planning Board's reasons for disapproval.
Any person aggrieved by any decision of the Planning Board or any officer, department, board or bureau of the Town may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the Town Clerk.
The Town Board may appoint an enforcement officer to carry out the duties assigned by this chapter or by any additional regulations adopted pursuant to § 131-15 hereof. If appointed, the enforcement officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board and other officials and agencies, as appropriate.
The Planning Board may, after a public hearing, adopt such further rules and regulations as it deems reasonably necessary to carry out the provisions of this chapter.
The Town Board may, on its own motion, on petition or on recommendation of the Planning Board, after public notice and hearing, amend this chapter pursuant to all applicable requirements of law.
All proposed amendments originating by petition or by motion of the Town Board shall be referred to the Planning Board for a report and recommendation thereon. The Planning Board shall submit its report within 30 days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to constitute a recommendation for approval of the proposed amendment.
Whenever the circumstances of proposed development require compliance with this chapter and with any other local law, ordinance or requirement of the Town, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this chapter with the procedural and submission requirements for such other compliance.
Any person, corporation, partnership, association or other legal entity who shall violate any of the provisions of this chapter or any conditions imposed by a permit pursuant hereto shall be guilty of an offense and subject to a fine of not more than $250 or to a penalty of $250 to be recovered by the Town in a civil action. Every such person or entity shall be deemed guilty of a separate offense for each week that such violation, disobedience, omission, neglect or refusal shall continue.