A.
It is the policy of the Town of Amenia to allow a variety of uses of land, provided that such uses do not adversely affect neighboring properties, the natural environment, or the rural and historic character of the Town. Many uses are therefore permitted only upon issuance of a special permit by the Planning Board, in order to ensure that these uses are appropriate to their surroundings and consistent with the purposes of this chapter. Some uses are allowed by right, subject only to site plan approval (see the Use Table in § 121-10).[1] Telecommunications towers require a special permit issued by the Zoning Board of Appeals. Adult uses, soil mines and uses not listed on the Use Table (if not prohibited by § 121-10C) require a special permit issued by the Town Board. In reviewing special permit applications, the Town Board and the Zoning Board of Appeals shall follow the procedures and standards established for the Planning Board in this Article IX.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
B.
Accessory uses or structures used in connection with a special permit
or site plan use shall be subject to the same approval requirements
as the principal structure or use.
C.
Minor and major projects.
(1)
A minor project is a special permit or site plan application that
falls within all of the following thresholds (over a three-year period):
(a)
Construction of four multifamily dwelling units or a lodging
facility with six bedrooms.
(b)
Construction of facilities or structures for a nonresidential
use covering 3,000 square feet of building footprint.
(c)
Alteration of existing structures or expansion of such structures
by 1,000 square feet.
(d)
Conversion of existing structures totalling 5,000 square feet
to another use.
(e)
Alteration and active use of 10,000 square feet of land, with
or without structures.
(f)
Soil mining that does not require a DEC permit.
(g)
Construction of a structure that is 80 feet or higher above
average grade level.
(2)
A major project is a special permit or site plan application exceeding
any of the minor project thresholds.
Because the impact of special permit uses varies, the review
procedure and information required to be submitted for a special permit
varies depending upon whether it is a major or minor project.
A.
Major project special permit. An applicant for a major project special
permit shall submit the following:
(1)
A major project application form.
(2)
A site plan, containing the information listed in § 121-65B, unless submission of certain information has been waived at a preapplication meeting.
(3)
A narrative report describing how the proposed use will satisfy the criteria set forth in § 121-63, as well as any other applicable requirements relating to the specific use proposed.
(4)
A long-form environmental assessment form or draft environmental
impact statement.
(6)
The major project special permit application fee, as established
by the Town Board, and any required escrow deposit for review costs,
as required by the Planning Board.
B.
Minor project special permits. An applicant for a minor project special
permit shall submit the following:
(1)
A minor project application form.
(2)
A plot plan providing information sufficient to enable the reviewing board to make an informed decision (which may include some of the site plan information listed in § 121-65B).
(3)
A brief narrative describing the proposed use.
(4)
A short-form environmental assessment form (EAF) (unless the Planning
Board determines that the proposed special permit is a Type I action,
in which case a long-form EAF shall be required).
(6)
The minor project application fee, as established by the Town Board,
and an escrow deposit (if required).
A.
Preapplication meetings. Before filing an application, a preliminary
conference with the Code Enforcement Official is required to discuss
the nature of the proposed use and to classify it as a major or minor
project. If the Code Enforcement Official classifies the project as
a major project, a preliminary meeting with the Planning Board is
required to discuss the nature of the proposed use and to determine
the information that will need to be submitted in the site plan.
B.
Mediation option. At any point in a project review process, the Planning
Board may, if it deems appropriate and the parties consent, appoint
a mediator to work informally with the applicant, neighboring property
owners, and other interested parties to address concerns raised about
the proposed special permit use. Any party may request mediation.
Such mediation may be conducted by any qualified and impartial person
acceptable to the parties and the Planning Board. The mediator shall
have no power to impose a settlement or bind the parties or the Planning
Board, and any settlement reached shall require Planning Board approval
to assure compliance with all provisions of this chapter. The cost,
if any, of such mediation may be charged to the applicant as part
of the cost of project review, with the applicant's written consent.
Such cost may also be paid by the Town, or shared by other parties
with their written consent.
C.
Application.
(1)
Application for a special permit shall be made to the Planning Board
in the manner prescribed by the Board.
(2)
If an application is for a parcel or parcels on which more than one
use requiring a special permit is proposed, the applicant may submit
a single application for all such uses. The Planning Board may grant
the application with respect to some proposed uses and not others.
For purposes of determining whether the application is a major or
minor project, and for SEQRA compliance, all proposed uses on a single
parcel or on contiguous or related parcels under single or related
ownership shall be considered together.
(3)
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special permit contains one or more features which do not comply with the dimensional requirements of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 121-59F without a decision or determination by the Code Enforcement Official.
D.
State Environmental Quality Review Act (SEQRA) compliance. Upon receipt
of application materials it deems complete, the Planning Board shall
initiate the New York State environmental quality review process by
either circulating the application and environmental assessment form
to all involved agencies (if coordinated review is undertaken) or
by issuing its determination of significance within 20 days. Where
the proposed action may have a significant effect on the environment,
the Planning Board shall issue a positive declaration and require
the submission of a draft environmental impact statement (DEIS). No
time periods for decisionmaking in this chapter shall begin to run
until either acceptance of a DEIS as satisfactory pursuant to New
York State Department of Environmental Conservation regulations or
the issuance of a negative declaration.
E.
Referral to County Planning Board and Zoning Board of Appeals.
(1)
Upon receipt of application materials it deems to be complete, the
Planning Board shall refer to the County Planning Board any application
for a special permit affecting real property within 500 feet of the
boundary of the Town of Amenia, the boundary of any existing or proposed
county or state park or other recreational area, the boundary of any
existing or proposed county or state roadway, the boundary of any
existing or proposed right-of-way for a stream or drainage channel
owned by the county for which the county has established channel lines,
the boundary of any existing or proposed county or state-owned land
on which a public building or institution is situated, or the boundary
of a farm operation within an agricultural district as defined in
Article 25AA of the Agriculture and Markets Law, pursuant to General
Municipal Law Article 12-B, §§ 239-l and 239-m, as
amended.
(2)
No action shall be taken on applications referred to the County Planning
Board until its recommendation has been received, or 30 days have
elapsed after its receipt of the complete application, unless the
county and Town agree to an extension beyond the thirty-day requirement
for the County Planning Board's review.
(3)
County disapproval. A majority-plus-one vote of the Planning Board
shall be required to grant any special permit which receives a recommendation
of disapproval from the County Planning Board before the Planning
Board takes action. The Planning Board shall by resolution set forth
its reasons for such contrary action.
(4)
Any major project special permit application shall be referred to
the Zoning Board of Appeals no later than the time of referral to
the County Planning Department. The Board of Appeals shall have a
maximum of 45 days to review the application and submit written comments
to the Planning Board. The Planning Board shall consider the written
comments of the Board of Appeals in making its decision on the application.
If no comments are received within the forty-five-day referral period,
the Board of Appeals shall be deemed to have waived its right to comment.
F.
Notice and hearing.
(1)
If an agricultural data statement has been submitted, the Secretary
of the Planning Board shall, upon receipt of the application, mail
written notice of the special permit application to the owners of
land as identified by the applicant in the agricultural data statement.
Such notice shall include a description of the proposed project and
its location. The cost of mailing the notice shall be borne by the
applicant.
(2)
The Planning Board shall hold a public hearing on a complete special
permit application within 62 days of its submission. The Board shall
give public notice of such hearing by causing publication of a notice
of such hearing in the official newspaper at least five days prior
to the date thereof. The Board shall also send notices of the hearing
by certified mail to owners of contiguous properties. If the application
is for a property located within 500 feet of the boundary of an adjacent
municipality, notice of the hearing shall be sent to the Clerk of
the adjacent municipality by mail or electronic transmission at least
10 days prior to such hearing, and such adjacent municipality may
appear and be heard. The cost of giving all notices shall be charged
to the applicant.
(3)
For all major projects, the applicant shall also be required to post
a notice on a sign purchased from the Town Clerk stating that there
is a pending application on the property and providing the date, time,
and place of the hearing, the place and times the application may
be reviewed by the public, and a telephone number to call for further
information. This sign shall be posted in public view in a conspicuous
location within three days after the Planning Board establishes a
public hearing date, shall be updated if more hearing dates are scheduled,
and shall remain in place until the day after the hearing is closed.
G.
Action.
(1)
The Board shall grant, deny, or grant subject to conditions the application for a special permit within 62 days after the hearing for a major project and within 31 days for a minor project. Any decision on a major project shall contain written findings explaining the rationale for the decision in light of the standards contained in § 121-63 below.
(2)
In granting a special permit, the Planning Board may impose any conditions which it considers necessary to fulfill the purposes of this chapter. These conditions may include increasing dimensional or area requirements, requiring the set-aside of perpetual open space land pursuant to § 121-20, specifying location, character and number of vehicle access points, requiring landscaping, planting and screening, requiring clustering of structures and uses in order to preserve environmental resources and minimize the burden on public services and facilities, and requiring action by the applicant, including the posting of performance bonds and the furnishing of guarantees to insure the completion of the project in accordance with the conditions imposed.
(3)
Every decision on a special permit shall be filed in the office of
the Town Clerk within five business days after the decision is rendered
and shall be a public record. A copy thereof shall be placed in the
permanent file of the property and shall also be mailed to the applicant
within the same five-day period.
H.
Expiration, revocation, and enforcement.
(1)
A special permit shall expire if the special permit use or uses cease
for more than 24 consecutive months for any reason, if the applicant
fails to obtain the necessary building permits or fails to comply
with the conditions of the special permit within 12 months of its
issuance, or if its time limit expires without renewal.
(2)
A special permit may be revoked by the Planning Board if the permittee
violates the conditions of the special permit or engages in any construction
or alteration not authorized by the special permit.
In granting or denying special permits, the Planning Board shall
take into consideration the scale of the proposed project, the possible
impact of the proposed project on the functioning of nearby farm operations,
and, in rural areas, the tradition of freedom of land use where such
use does not interfere with or diminish the value of adjoining property.
The Planning Board shall also take account of any proposed conservation
easements, architectural restrictions, or other measures that would
tend to mitigate potential adverse impacts and preserve or enhance
the scenic and historic character of the Town. No special permit shall
be granted for any property on which there exists a violation of this
chapter, including a violation of any condition of a previous municipal
approval, unless the Planning Board finds that the applicant has no
legal right or ability to remedy the violation or that the grant of
a special permit is necessary to remedy a condition that poses a risk
to public health or safety.
A.
Minor projects. A minor project shall be presumed to be acceptable if it complies with applicable health laws and other specific provisions of this chapter. In order to grant a minor project special permit, the Planning Board must determine that none of the criteria for major projects listed in Subsection B below will be violated. The Planning Board shall deny a minor project special permit if it determines that one or more of these criteria will be violated.
B.
Major project criteria. Before granting or denying a major project
special permit, the Planning Board shall make specific written findings
establishing whether or not the proposed major project:
(1)
Will comply with all land use district, overlay district, and other
specific requirements of this and other chapters and regulations,
and will be consistent with the purposes of this chapter and of the
land use district in which it is located.
(2)
Will not result in excessive off-premises noise, dust, odors, solid
waste, or glare or create any public or private nuisances.
(3)
Will not cause significant traffic congestion, impair pedestrian
safety, or overload existing roads, considering their current width,
surfacing, and condition, and any improvements proposed to be made
to them by the applicant.
(4)
Will be accessible to fire, police, and other emergency vehicles.
(5)
Will not overload any public water, drainage, or sewer system or
any other municipal facility.
(6)
Will not materially degrade any watercourse or other natural resource
or ecosystem or endanger the water quality of an aquifer.
(7)
Will be suitable for the property on which it is proposed, considering
the property's size, location, topography, vegetation, soils, natural
habitat, and hydrology and, if appropriate, its ability to be buffered
or screened from neighboring properties and public roads.
(8)
Will be subject to such conditions on operation, design and layout
of structures, and provision of buffer areas as may be necessary to
ensure compatibility with surrounding uses and to protect the natural,
historic, and scenic resources of the Town.
(9)
Will be consistent with the goal of concentrating retail uses in
hamlets, avoiding strip commercial development, and buffering nonresidential
uses that are incompatible with residential use.
(10)
Will not adversely affect the availability of affordable housing
in the Town.
(12)
If the property is in a residential district, will have no greater
overall off-site impact than would full development of the property
with uses permitted by right, considering relevant environmental,
social, and economic impacts.
The terms and conditions of any special permit may be amended
in the same manner as required for the issuance of a special permit,
following the criteria and procedures in this section. Any enlargement,
alteration, or construction of accessory structures not previously
approved shall require site plan review only, provided that the use
does not change.
A.
Applicability.
(1)
Site plan approval by the Planning Board shall be required for all
permitted uses listed on the Use Table as requiring site plan approval
only.[1] Site plan review shall be included as an integral part
of the special permit approval process, and no separate site plan
approval shall be required for uses requiring a special permit.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
(2)
The procedures for review of major and minor (as defined in § 121-60C) site plans are described in §§ 121-66 and 121-67. Agricultural structures with a footprint of over 10,000 square feet shall require minor site plan approval. Agricultural structures with a footprint of 10,000 square feet or less are exempt from site plan approval requirements.
(3)
Site plan approval shall also be required for any development which is the functional equivalent of a land subdivision but which is structured for ownership purposes as a condominium project. In such cases, the Planning Board shall apply all relevant review criteria contained in the Subdivision Law (Chapter 105 of the Town Code) as well as the provisions of this chapter.
B.
Required information for site plan. An application for site plan approval shall be accompanied by plans and descriptive information sufficient to clearly portray the intentions of the applicant. Minor project site plans shall contain the information required by § 121-67C and other information listed below if the Planning Board deems such information necessary to conduct an informed review. Major project site plans shall be prepared by a licensed professional engineer, architect, or landscape architect and shall include the following (unless waived):
(1)
A vicinity map drawn at the scale of 2,000 feet to the inch or larger
that shows the relationship of the proposal to existing community
facilities which affect or serve it, such as roads, shopping areas,
schools, etc. The map shall also show all properties, subdivisions,
streets, and easements within 500 feet of the property. Such a sketch
may be superimposed on a United States Geological Survey or New York
State Department of Transportation map of the area.
(2)
An existing conditions map or maps, showing existing buildings, roads,
utilities, and other man-made features, as well as topography and
all existing natural land features that may influence the design of
the proposed use such as rock outcrops, single trees eight or more
inches in diameter located within any area where clearing will occur,
forest cover, soils (including prime and statewide important agricultural
soils), and ponds, lakes, wetlands and watercourses, aquifers, floodplains,
and drainage retention areas. Such map or maps shall also show mapped
ecological and natural resource information from the report "Significant
Habitats in the Town of Amenia, Dutchess County, New York" by Hudsonia
Ltd. (2006) (hereinafter cited as the "Hudsonia Report").
(3)
A site plan, drawn at a scale and on a sheet size appropriate to
the project. The information listed below shall be shown on the site
plan and continuation sheets. The site plan shall also show all development
overlaid on the ecologically significant habitats map in the Hudsonia
Report.
(4)
Name of the project, boundaries, date, North arrow, and scale of
the plan. Name and address of the owner of record, developer, and
seal of the engineer, architect, or landscape architect. If the applicant
is not the record owner, a letter of authorization shall be required
from the owner.
(5)
The location and use of all existing and proposed structures within
the property, including all dimensions of height and floor area, all
exterior entrances, and all anticipated future additions and alterations.
(6)
The location of all present and proposed public and private ways,
off-street parking areas, driveways, outdoor storage areas, sidewalks,
ramps, curbs, paths, landscaping, walls, and fences. Location, type,
and screening details for all waste disposal containers shall also
be shown.
(7)
The location, height, intensity, and bulb type (sodium, incandescent,
etc.) of all external lighting fixtures. The direction of illumination
and methods to eliminate glare onto adjoining properties must also
be shown.
(8)
The location, height, size, materials, and design of all proposed
signs.
(9)
The location of all present and proposed utility systems, including:
(10)
Erosion and sedimentation control plan required by § 121-32 to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
(11)
Existing and proposed topography at two-foot contour intervals,
or such other contour interval as the Board shall specify. All elevations
shall refer to the nearest United States Coastal and Geodetic Bench
Mark. If any portion of the parcel is within the one-hundred-year
floodplain, the area will be shown and base flood elevations given.
Areas shall be indicated within the proposed site and within 50 feet
of the proposed site where soil removal or filling is required, showing
the approximate volume in cubic yards.
(12)
A landscape, planting, and grading plan showing proposed changes
to existing features.
(13)
Land use district boundaries within 200 feet of the site's perimeter
shall be drawn and identified on the site plan, as well as any overlay
districts that apply to the property.
(14)
Traffic flow patterns within the site, entrances and exits, and loading and unloading areas, as well as curb cuts on the site and within 100 feet of the site. The Planning Board may, at its discretion, require a detailed traffic study for large developments or for those in heavy traffic areas to satisfy the requirements of § 121-40N.
(15)
For new construction or alterations to any structure, a table
containing the following information shall be included:
(a)
Estimated area of structure currently used and intended to be
used for particular uses such as retail operation, office, storage,
etc.;
(b)
Estimated maximum number of current and future employees;
(c)
Maximum seating capacity, where applicable; and
(d)
Number of parking spaces existing and required for the intended
use.
(16)
Elevations at a scale of 1/4 inch equals one foot for all exterior
facades of the proposed structure(s) and/or alterations to or expansions
of existing facades, showing design features and indicating the type
and color of materials to be used.
(17)
Where appropriate, the Planning Board may request soil logs,
percolation test results, and storm runoff calculations.
(18)
Plans for disposal of construction and demolition waste, either
on site or at an approved disposal facility.
(19)
Long-form environmental assessment form or draft environmental
impact statement.
(20)
Where appropriate, a cultural resource survey of resources with
historic or archaeological significance.
(21)
Other information that may be deemed necessary by the Planning
Board.
C.
Waivers. The Planning Board may waive or allow deferred submission of any of the information required in Subsection B above, as it deems appropriate to the application. Such waivers shall be discussed in the course of preapplication conferences. The Planning Board shall issue a written statement of waivers for all major projects. This statement shall be filed in permanent record of the property.
D.
Criteria. In reviewing site plans, the Planning Board shall consider
the criteria set forth below. The Planning Board shall also consider
the three-volume set of illustrated design guidelines published by
the Dutchess County Department of Planning in 1994, entitled "Hamlet
Design Guidelines," "Building Form Guidelines," and "Rural Design
Guidelines," and shall adapt the recommendations of those documents
to the requirements of this chapter.
(1)
Layout and design.
(a)
To the maximum extent practicable, development shall be located to preserve the natural features of the site and to avoid wetland areas, steep slopes, significant wildlife habitats and other areas of environmental sensitivity. The placement and design of buildings and parking facilities shall take advantage of the site's topography, existing vegetation and other pertinent natural features. The Planning Board may require that an applicant prepare a conservation analysis as described in § 121-20A of this chapter.
(b)
All structures in the plan shall be integrated with each other
and with adjacent structures and shall have convenient access between
adjacent uses. Structures shall, where practical, be laid out in the
pattern of a traditional hamlet.
(c)
Structures that are visible from public roads shall be compatible
with each other and with traditional structures in the surrounding
area in architecture, design, massing, materials, proportion, texture,
color and placement and shall harmonize with traditional elements
in the architectural fabric of the area. Building components such
as windows, rooflines and pitch, doors, eaves and parapets shall be
compatible with historic structures in the Town. Vertical, double-hung
windows and steeply pitched roofs are encouraged. Designs shall avoid
flat roofs, large expanses of undifferentiated facades, and long plain
wall sections. Rooftop and ground level mechanical equipment shall
be screened from public view using materials harmonious with the building
or shall be located where they are not visible from any public ways.
(d)
Where appropriate, setbacks shall maintain and continue the
existing setback pattern of surrounding properties.
(e)
The Planning Board shall encourage the creation of landscaped
parks or squares easily accessible by pedestrians.
(f)
Trademarked architecture which identifies a specific company
by building design features shall be prohibited, unless the applicant
can demonstrate that the design is compatible with the historic architecture
of Amenia or the Building Form Guidelines.
(g)
Impacts on historic and cultural resources shall be minimized.
(h)
Newly installed utility service systems, and service modifications
necessitated by exterior alterations, shall be installed underground.
When feasible, existing aboveground utility service systems shall
be placed underground.
(2)
Landscaping.
(a)
Landscaping shall be an integral part of the entire project
area and shall buffer the site from and/or integrate the site with
the surrounding area, as appropriate.
(b)
Landscape plantings of shrubs, ground cover and shade trees,
as well as perennials and annuals and other materials such as rocks,
water, sculpture, art, walls, fences, paving materials and street
furniture, shall be encouraged to create pedestrian-scale spaces and
to maintain landscape community within the community. All landscaping
within the site shall be designed to facilitate conservation of the
environment and preservation of community aesthetic character. This
shall be accomplished through the use of native plant material and
the retention of existing natural vegetation, thereby reducing or
eliminating the need for irrigation, pesticides, herbicides and fertilizers.
(c)
Existing tree stock eight or more inches in diameter at breast
height shall be protected and preserved to the maximum extent possible
to retain valuable community natural resources and promote energy
conservation by maximizing the cooling and shading effects of trees.
The preservation of mature plant species, hedgerows, wetlands and
woodlots shall be encouraged and included as a design element in the
development of the site.
(d)
Landscape buffers shall be provided between uses that may be
incompatible, such as large-scale commercial uses and residences.
Such buffers may include planted trees and shrubs, hedgerows, berms,
existing forestland or forest created through natural succession.
The width of such buffer areas will depend upon the topography, scale
of the uses, and their location on the property.
(e)
If deemed appropriate for the site by the Planning Board, shade
trees at least six feet tall and two-inch caliper shall be planted
and maintained at twenty-foot to forty-foot intervals along roads,
at a setback distance acceptable to the Highway Superintendent.
(f)
For landscaping parking lots, see § 121-38A(4)(c).
(3)
Parking, circulation, and loading.
(a)
Roads, driveways, sidewalks, off-street parking, and loading
space shall be safe and shall encourage pedestrian movement.
(b)
Vehicular and pedestrian connections between adjacent sites
shall be provided to encourage pedestrian use and to minimize traffic
entering existing roads. The construction of connected parking lots,
service roads, alleys, footpaths, bike paths, and new public streets
to connect adjoining properties shall be required where appropriate.
(d)
Access from and egress to public highways shall be approved
by the appropriate highway department, including Town, county, and
state.
(e)
All buildings shall be accessible by emergency vehicles.
(f)
Parking spaces shall have wheel stops or curbs to prevent injury
to trees and shrubs planted in landscaped islands.
(g)
Bicycle parking spaces and racks shall be provided in an area
that does not conflict with vehicular traffic. Designated van/carpool
parking, and other facilities for alternatives to single-occupancy
vehicle use, shall be provided wherever possible.
(h)
In developments where a link to schools, churches, shopping
areas, trails, greenbelts and other public facilities is feasible
or where a trail connection is recommended in the Comprehensive Plan
or in a Town open space plan, a trail corridor shall be reserved on
the approved site plan for this purpose.
(4)
Reservation of parkland. For any site plan containing residential
units, the Planning Board may require the reservation of parkland
or payment of a recreation fee pursuant to Town Law. § 274-a,
Subdivision 6.
(5)
Miscellaneous standards.
(a)
Buildings and other facilities shall be designed, located, and
operated to avoid causing excessive noise on a frequent or continuous
basis.
(b)
Exterior lighting fixtures shall be shielded and directed downward
to prevent light from shining directly onto neighboring properties
or public ways. Light standards shall not exceed 20 feet in height.
(c)
Drainage of the site shall recharge groundwater to the extent
practical. The park rate of surface water flowing off site shall not
increase above pre-development conditions and shall not adversely
affect drainage on adjacent properties or public roads.
(d)
Applicable requirements for proper disposal of construction
and demolition waste shall be satisfied, and any necessary permits
or agreements for off-site disposal shall be obtained.
(e)
No materials shall be placed below the finished grade of a site other than utilities, sand, gravel, rocks, and soil that are uncontaminated by any solid waste or hazardous materials. Materials that were previously contaminated and have been reconditioned shall not be permitted under this Subsection D(5)(e), except that decontaminated material may be used as a base for road or parking lot construction, provided that such decontaminated material does not pollute groundwater or surface water.
(f)
Structures shall be located, constructed and insulated to prevent
on-site noise from interfering with the use of adjacent properties.
Similarly, buildings shall be situated to prevent off-site noise from
intruding on new development. Methods for blocking noise shall be
used where appropriate and shall include fencing, walls and natural
buffers, such as berms and landscape planting with deciduous and coniferous
trees and large shrubs.
B.
Preapplication meetings. Before filing an application, a preliminary
conference with the Code Enforcement Official and one person designated
by the Planning Board Chair is required to discuss the nature of the
proposed use and to classify it as a major or minor project. If the
Code Enforcement Official classifies the project as a major project,
a preliminary conference with the Planning Board is required to discuss
the nature of the proposed use and to determine the information that
will need to be submitted in the site plan.
C.
Submission. All major project site plans shall be submitted, with
multiple copies as required by the Planning Board, to the Code Enforcement
Official, who shall distribute them to the Planning Board and such
other municipal boards, officials, and consultants as the Planning
Board deems appropriate. In addition to the site plan drawings, the
applicant shall submit:
D.
Application for area variance. Where a proposed site plan contains one or more features which do not comply with the dimensional regulations of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 121-59F without a decision or determination by the Code Enforcement Official.
E.
SEQRA compliance. Upon receipt of application materials it deems
complete, the Planning Board shall initiate the New York State environmental
quality review process by either circulating the application and environmental
assessment form to all involved agencies (if coordinated review is
undertaken) or by issuing its determination of significance within
20 days. Where the proposed action may have a significant effect on
the environment, the Planning Board shall issue a positive declaration
and require the submission of a draft environmental impact statement
(DEIS). No time periods for decisionmaking in this chapter shall begin
to run until either acceptance of a DEIS as satisfactory pursuant
to New York State Department of Environmental Conservation regulations
or the issuance of a negative declaration.
F.
Public hearing and decision.
(2)
Criteria for decisions on site plans shall be limited to those listed in § 121-65D. In granting site plan approval, the Planning Board may impose any conditions which it considers necessary to fulfill the purposes of this chapter. These conditions may include increasing dimensional or area requirements, requiring the set-aside of perpetual open space land pursuant to § 121-20, specifying location, character and number of vehicle access points, requiring landscaping, planting and screening, requiring clustering of structures and uses in order to preserve environmental resources and minimize the burden on public services and facilities, and requiring performance guarantees to insure the completion of the project in accordance with the conditions imposed.
(3)
A copy of the decision shall be immediately filed in the Town Clerk's
office and mailed to the applicant. A resolution of either approval
or approval with modifications and/or conditions shall include authorization
to the Planning Board Chairman to stamp and sign the site plan upon
the applicant's compliance with applicable conditions and the submission
requirements stated herein.
(4)
If the Planning Board's resolution includes a requirement that modifications
be incorporated in the site plan, conformance with these modifications
shall be considered a condition of approval. If the site plan is disapproved,
the Planning Board may recommend further study of the site plan and
resubmission to the Planning Board after it has been revised or redesigned.
The procedure for minor project site plan approval by the Planning Board shall be the same as prescribed in § 121-66 for major projects, except for the following:
A.
A short-form environmental assessment form (EAF) will normally be
required. If the application is classified as a Type I action under
the State Environmental Quality Review Act, a long-form EAF shall
be required. The Planning Board, at its discretion, may require the
long-form environmental assessment form for any application categorized
as "unlisted" under SEQRA.
B.
A minor project application fee established by the Town Board shall
be paid, and an escrow deposit may be required to cover review costs
at the discretion of the Planning Board.
C.
A minor project site plan application shall contain the following information: For nonagricultural structures, the Planning Board may request additional information listed in § 121-65B if the Board deems it essential to conduct an informed review. Minor project site plan application materials may be prepared by a licensed professional engineer, architect, or landscape architect, but the Planning Board shall not require this unless the services of such professionals are necessary to provide accurate information or are otherwise required by law.
(1)
A sketch of the parcel on a location map (e.g., a Tax Map) showing
boundaries and dimensions of the parcel and identifying contiguous
properties that are within 200 feet of the proposed structure and
any known easements or rights-of-way and roadways.
(2)
Existing features of the site lying within 200 feet of the proposed
structure, including land and water areas, water or sewer systems,
and the approximate location of all structures within 200 feet of
the proposed structures.
(3)
The proposed location and arrangements of structures and uses on
the site, including means of ingress and egress, parking, and circulation
of traffic.
(4)
A sketch of any proposed structures (including signs), showing exterior
dimensions and elevations of front, side, and rear views; copies of
available blueprints, plans, or drawings.
(5)
A concise description of the project describing the intended use
of proposed structures (including signs) and any changes in the existing
topography and natural features.
(6)
The name and address of the applicant and any professional advisors,
and the authorization of the owner if the applicant is not the owner.
(7)
If the parcel contains a stream, wetland, or floodplain, a copy of
the floodplain map and wetland map that corresponds with the boundaries
of the property.
D.
No public hearing shall be required for a minor project site plan. The Planning Board may, in its sole discretion, hold a public hearing following the procedures in § 121-66F. If no public hearing is held, the Planning Board shall give notice to the County Planning Board and to farm operators as required in §§ 121-62E and F and render a decision within 45 days of its receipt of a complete site plan application. In order to approve a minor project site plan, the Planning Board must find that the proposal is generally consistent with the criteria in § 121-65D and will not adversely affect neighboring properties.
A.
Within six months after receiving approval of a site plan, with or
without modifications, the applicant shall submit multiple copies
of the site plan to the Planning Board for stamping and signing. 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 required revisions or other modifications 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. If a performance guarantee pursuant to Subsection B is to be provided by the applicant for all or some portion of the work, a detailed site improvements cost estimate shall be included.
(4)
Proof of payment of the Planning Board's reasonable review costs.
(5)
Upon stamping and signing the site plan, the Planning Board shall
forward a copy of the approved site plan to the Code Enforcement Official
and the applicant. The Code Enforcement Official may then issue a
building permit or certificate of occupancy if the project conforms
to all other applicable requirements.
B.
Performance guarantee. No certificate of occupancy shall be issued
until all improvements shown on the site plan are installed, or a
sufficient performance guarantee has been posted for improvements
not yet completed. The performance guarantee shall be posted in accordance
with the procedures specified in § 277 of the Town Law relating
to subdivisions. The amount and sufficiency of such performance guarantee
shall be determined by the Town Board after consultation with the
Planning Board, Town Attorney, Code Enforcement Official, other local
officials, and its consultants.
C.
As-built plans and inspection of improvements. No certificate of occupancy shall be granted until the applicant has filed a set of as-built plans with the Code Enforcement Official, indicating any deviations from the approved site plan. The Code Enforcement Official shall be responsible for the inspection of site improvements, including coordination with the Town's consultants and other local officials and agencies, as may be appropriate, and shall grant a certificate of occupancy upon a finding that the project as built complies in all material respects with the site plan. The Code Enforcement Official shall also have the authority to inspect soil mines for compliance with conditions authorized by § 121-17D throughout the life of the mine. Costs of any required inspections may be charged to the applicant as provided in section § 121-58.
D.
Site plan amendments. An approved site plan may be amended by filing
an application with the Planning Board for a site plan amendment.
(1)
If the Planning Board finds that such proposed amendment is consistent
with the terms of any applicable special permit approval (or if no
special permit is required) and does not represent a substantial change
from the approved site plan, it shall grant the amendment without
a hearing.
(2)
If the Planning Board determines that the proposed amendment is consistent with the terms of the applicable special permit approval (or if no special permit is required), but is a substantial change from the approved site plan, it shall follow the procedures for site plan approval contained in § 121-66F and hold a public hearing if the amendment would be considered to be a major project.
E.
Expiration, revocation, and enforcement.
(1)
A site plan approval shall expire if the applicant fails to commence
construction, to obtain the necessary building permits, or to comply
with the conditions of the site plan approval within 18 months of
its issuance or if the special permit with which it is associated
expires. The Planning Board may grant a one-time six-month extension.
(2)
A site plan approval may be revoked by the Planning Board that approved
it if the permittee violates the conditions of the site plan approval
or engages in any construction or alteration not authorized by the
site plan approval.
(3)
Any violation of the conditions of a site plan approval shall be
deemed a violation of this chapter and shall be subject to enforcement
action as provided herein.
