The Town of Seneca Falls, New York incorporates the site plan
review process adopted on August 2, 2005, as a tool for the Planning
Board to review commercial, industrial, institutional and multiple
dwelling residential uses in all zoning districts. For the purposes
of this article, "multiple dwelling residential" shall mean a building
containing five or more dwelling units. The intent of this site plan
review article is to allow for the Town Planning Board to have power
of discretion in reviewing commercial, industrial, institutional and
multiple dwelling residential site plans pertaining to project design
and landscaping requirements. As an integral component of site plan
review, the Town Board has determined that poor quality of design,
poor location of buildings and structures (including signs and accessory
buildings) adversely affects the desirability of the immediate neighborhood
and impairs the benefits, stability and value of improved and unimproved
property in such areas. Therefore, it is the intent of this article
to grant to the Planning Board the review discretion necessary to
avoid such conditions and to ensure that the location and design of
buildings, structures and open spaces in the Town aid in creating
a balanced and harmonious composition of the whole as well as the
relationship of its parts. As such, all applications requiring site
plan review will be subject to a general architectural review and
will be evaluated with respect to the context of, and compatibility
with, their surrounding environs.
A.
The Town of Seneca Falls Planning Board, appointed by the Town Board,
is duly authorized to perform general architectural review as an integral
component of the Town's site plan review procedure under the provisions
of this article.
B.
The Planning Board is charged with the duty of maintaining the desirable
character of the Town and of disapproving the construction, reconstruction
and alteration of buildings subject to site plan review that are designed
without consideration of the harmonious relation of the new or altered
building to such buildings as already exist and the environs in which
they are set.
C.
The Planning Board is charged with the duty of exercising sound judgment
and of rejecting plans which, it its opinion, based upon study and
the advice of the Town Engineer, Town Attorney or an architectural/historic
preservation consultant, are not of harmonious character because of
proposed style, materials, mass, line, detail or placement upon the
property or in relation to the spaces between buildings or the natural
character of the landscape or because the plans do not provide for
the location and design of structures and open spaces so as to create
a balanced and harmonious composition as a whole and in relation to
its several parts and features to each other.
B.
Concept review. A meeting shall be held between the Planning Board
and applicant to review the basic site and architectural design concept
and generally determine the information to be required on the preliminary
site plan. The applicant should provide the data discussed below in
addition to a statement or rough sketch describing the proposal. The
Planning Board shall issue written comments as the result of this
meeting. The applicant shall provide the following information:
(1)
An area map showing the parcel under consideration for site
plan review, and all properties, subdivisions, streets and easements
within 500 feet of the boundaries thereof.
(2)
A map of site topography at no more than five-foot contour intervals.
If general site grades exceed 5% or portions of the site have bedrock
outcrop or are susceptible to erosion, flooding or ponding, a soils
overlay and a topographic map showing contour intervals of not more
than two feet of elevation should also be provided.
(3)
The owner, the architect, or other agent of the owner shall
submit preliminary plans, elevations, sketches and/or proposals to
the Planning Board for consultation concerning preferred architectural
aesthetics prior to filing an application for a zoning permit or an
application for site plan review.
C.
Procedure for preliminary site plan review and action.
(1)
General provisions.
(a)
Prior to the issuance of a zoning permit for any site plan review
uses, the Town Board shall refer the application and all application
materials as specified herein to the Planning Board for its review
and approval in accordance with the provisions set forth in this article.
In cases where land use and/or area density is at issue, or where
specific cases of hardship or improper classification are evident,
the Planning Board shall notify the Town Board and shall refer the
application to the Zoning Board of Appeals for an opinion and recommendation
prior to granting preliminary site plan approval. If an application
for a variance of land use or area is made to the Zoning Board of
Appeals prior to the application for site plan review, the Zoning
Board of Appeals shall notify the Town Board and the Planning Board
of the action and opinion prior to the granting of preliminary site
plan approval.
(b)
Within 62 days of the receipt of a preliminary site plan and
all information necessary to constitute a fully complete application,
the Planning Board shall inform the applicant, in writing, of its
decision.
(c)
If the Planning Board determines that the site plan or building
style does not meet the standards of the Town, the applicant may request
an extension of the sixty-two-day period.
(2)
Application for preliminary site plan approval.
(a)
An administrative fee as set from time to time by resolution
of the Town Board shall accompany an application for preliminary site
plan review and approval. No further fee is required at the final
site plan stage.
(b)
The applicant shall pay anticipated costs that the Planning
Board expects to incur due to consulting services or other review
costs and an amount set from time to time by resolution of the Town
Board shall be placed in an escrow account. Any unspent funds shall
be returned to the applicant within five days of Planning Board action
on the final site plan. If the Town's costs to review the project
exceed the amount placed in the escrow account, the developer will
be asked to pay those costs to the Town based upon a written explanation
for the additional review requirements.
(c)
An application for architectural review and preliminary site
plan approval shall be made in writing to the Zoning Officer and shall
be accompanied by information drawn from the following checklist,
as determined necessary by the Planning Board at the concept review
meeting.
(3)
Preliminary site plan submission requirements. The following
information shall be included on a preliminary site plan:
(a)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing;
(b)
North arrow, scale and date;
(c)
Boundaries of the property, plotted to scale;
(d)
Name and address of all adjoining property owners;
(e)
Existing watercourses and drainageways;
(f)
Grading and drainage plan, showing existing and proposed contours;
(g)
Location, proposed use and height of all buildings;
(h)
Location, design and construction materials of all parking and
truck loading areas, showing access and egress;
(i)
Provision for pedestrian circulation access and handicapped
access;
(j)
Location of outdoor storage, and method of screening if any;
(k)
Location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls, fences, and signs;
(l)
Location, design and general construction materials of all existing
or proposed buildings, structures and accessory structures, including
four elevations of the building(s) illustrating all front, rear and
side views and/or three-dimensional renderings necessary to illustrate
the size, shape and form of all sides of the building(s);
(m)
Description of the method of sewage disposal and location, design
and construction materials of such facilities;
(n)
Description of the method of securing public water and location,
design and construction materials of such facilities;
(o)
Location of fire and other emergency zones, including the location
of fire hydrants and fire lanes;
(p)
Location, design and construction materials of all energy distribution
facilities, including electrical, gas and solar energy;
(q)
Location, size and design and construction materials of all
proposed signs;
(r)
Location and proposed development of all buffer areas, including
existing vegetative cover;
(s)
Location and design of outdoor lighting facilities and light
emissions to 25 feet within adjoining property;
(t)
Designation of the amount of building area proposed for retail
sales or similar commercial activity;
(u)
General landscaping plan and planting schedule;
(v)
Other elements integral to the proposed development as considered
necessary by the Planning Board, including identification of any state
or county permits required for the project's execution;
(w)
Agricultural data statement if located within 500 feet of any
agricultural district;
(x)
Archeological survey as required by SHPO, if any; and
(y)
Completed environmental assessment form (EAF) in compliance
with the New York State Environmental Quality Review Act (SEQRA).
(4)
Review criteria. Criteria for Planning Board review may include,
but shall not be limited to, the following:
(a)
Adequacy and arrangement of vehicular traffic egress/ingress
and circulation, including intersections, road widths, pavement surfaces,
dividers and traffic controls.
(b)
Adequacy, arrangement of pedestrian, ADA-compliant traffic access,
and circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(d)
Location, arrangement, size, design, architectural style and
general site compatibility of buildings, lighting and signs.
(e)
Relationship of proposed architectural styles and materials
within the context of the community, surrounding neighborhood or compatibility
with adjacent environs.
(f)
Adequacy of stormwater and drainage facilities.
(g)
Adequacy of water supply for drinking and fire protection purposes
and sewage disposal facilities.
(h)
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.
(i)
In the case of an apartment complex or other multiple dwelling,
the adequacy of usable open space for play areas and informal recreation.
(j)
Protection of adjacent or neighboring properties against noise,
glare, unsightliness or other objectionable features.
(k)
Adequacy of fire lanes, other emergency zones, and the provision
of fire hydrants.
(l)
Special attention to the adequacy of structures, roadways, and
landscaping in areas with susceptibility to ponding, flooding and/or
erosion.
(m)
Relationship to active agricultural land and fallow land to
ensure that the conversion of agricultural land to nonagricultural
uses is minimized and to ensure that all potential conflicts with
agricultural operations are minimized.
(5)
Consultant review. The Planning Board may consult with the Town
Engineer, Town Building Inspector, Fire Commissioners, Conservation
Council, Commissioner of Public Works, other local and county officials,
and its designated private consultant, in addition to representatives
of federal and state agencies, including but not limited to the Soil
Conservation Service, the State Department of Transportation and the
State Department of Environmental Conservation.
(6)
Public hearing. The Planning Board shall conduct a public hearing
on the preliminary site plan. Such public hearing shall be conducted
within 62 days of the receipt of the complete application for preliminary
site plan approval and shall be advertised in a newspaper of general
circulation in the Town at least five days before the public hearing.
(7)
Planning Board action on preliminary site plan.
(a)
The proposed development in question may be subject to the provisions
of the State Environmental Quality Review Act (SEQRA). First, the
Planning Board should identify the type of action the proposed development
is according to SEQRA. Depending on the size, location, and other
factors, it may be a Type I or an unlisted action. To make a decision,
the Planning Board should consult Article 8 of the Environmental Conservation
Law and Part 617 of the New York Codes, Rules and Regulations. The
Planning Board should also review the environmental assessment form
(EAF) submitted as part of the application and consider compliance
with current planning activities and plans. The action type and related
procedure will dictate the next steps, if any, to be taken to comply
with SEQRA regulations.
(b)
If it is determined that an environmental impact statement will
be prepared for the proposal in question, all time frames and deadlines
are delayed until a draft environmental impact statement is filed.
The application is not complete, and therefore the review clock does
not start, until a determination of "no significance" has been made
or until a draft environmental impact statement has been completed
and submitted to the Planning Board. When the draft environmental
impact statement is completed, the period for Planning Board review
begins (62 days). If another agency has determined that the proposal
in question may have a significant effect on the environment, the
Planning Board shall not issue a decision until a final environmental
impact statement has been filed.
(c)
When compliance with SEQRA is complete, the Planning Board shall
act on the application within 62 days. If no decision is made within
said sixty-two-day period, the preliminary site plan shall be considered
approved. The Planning Board's action shall be in the form of a written
statement to the applicant stating whether the preliminary site plan
is approved, disapproved or approved with modifications. The Planning
Board's statement may include recommendations of desirable modifications
to be incorporated in the final site plan, and conformance with said
modifications shall be considered a condition of approval. If the
preliminary site plan is disapproved, the Planning Board's statement
will contain the reasons for such findings. 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.
D.
Procedure for final site plan review and action.
(1)
After receiving approval, with or without modifications, from
the Planning Board on a preliminary site plan, the applicant shall
submit a final, detailed site plan to the Planning Board for approval.
If more than six months have elapsed since the time of the Planning
Board's action on the preliminary site plan and if the Planning Board
finds that conditions have changed significantly in the interim, the
Planning Board may require a resubmission of the preliminary site
plan for further review and possible revision prior to accepting the
proposed final site plan for review.
(2)
The final site plan shall conform substantially to the approved
preliminary site plan. It should incorporate any modifications that
may have been recommended by the Planning Board in its preliminary
review, including consensus regarding recommended architectural style.
All such compliance shall be clearly indicated by the applicant on
the appropriate submission.
(3)
The following additional information shall accompany an application
for final site plan approval:
(4)
Required referral. Prior to taking action on the final site
development plan, the Planning Board shall refer the plan to the County
Planning Department for advisory review and a report in accordance
with § 239-m of the General Municipal Law, where the proposed
action is within a distance of 500 from the boundary of any city,
village, or town, or from the boundary of any existing or proposed
county or state park or other recreation area, or from the right-of-way
of any existing or proposed county or state parkway, thruway, expressway,
road or highway, or from the existing or proposed right-of-way of
any stream or drainage channel owned by the county or for which the
county has established channel lines, or from the existing or proposed
boundary of any county- or state-owned land on which a public building
or institution is situated.
(5)
Planning Board action on final detailed site plan.
(a)
No final site plan approval shall be granted on any application
that has been referred to the Planning Board unless the Planning Board
has recommended approval of the architectural style, the plans have
been amended to incorporate any conditions of approval imposed by
the Planning Board or the Planning Board approves the site plan by
a vote of a majority plus one of its members.
(b)
Within 62 days of receipt of the application for final site
plan approval, the Planning Board shall render a decision to Town
Board. If no decision is made within the sixty-two-day period, the
final site plan shall be considered approved.
The site plan review process shall apply to all uses, whether
designated "permitted" or otherwise, in those portions of all zoning
districts located within the Town except the following: one-family
dwellings, two-family dwellings, farms. Such uses shall be termed
"site plan review uses."
