The intent of this article is to set forth additional general
standards applying to certain uses and activities. The nature of these
uses and activities require special consideration of their impacts
upon surrounding properties, the environment, community character
and the ability of the Town to accommodate development consistent
with the objectives of this chapter.
All applications for zoning permits, zoning variances, or special
permits, except for one and two-family dwellings, their permitted
accessory uses, any addition to a single-family dwelling, or general
farming use, shall be accompanied by a site plan approval. Residential
development within a Historic District, all development in the Waterfront
Development District, and all home businesses must also have site
plan approval. No zoning permit shall be issued until all the requirements
of this article and all other applicable provisions of this chapter
have been met.
A.
Each application for a building permit, variance or special permit
for any structure, building or use other than a one- or two-family
dwelling, their permitted accessory use, any addition to a single-family
dwelling or general farming use shall be referred to the Town Planning
Board. The application shall be made to the Planning Board by filing
it with the Zoning Enforcement Officer. The Zoning Enforcement Officer
shall present it to the Planning Board at their next regularly scheduled
meeting. The applicant may wish to attend the Planning Board meeting
to answer questions concerning the application.
B.
Within 62 days of receipt of the application, or 90 days in cases
when the application must be referred to the County Planning Board,
the Planning Board shall render a decision to approve, approve with
conditions, or deny the site plan, and shall forward the decision
to the Zoning Enforcement Officer. Any extension of this sixty-two-day
period may be granted upon consent of both the applicant and the Town
Planning Board. If the Planning Board fails to act within the sixty-two-day
period or the extension period that has been granted, the site plan
shall be considered approved.
C.
A full written record of the Planning Board minutes and decisions
together with all documents pertaining to the case shall be filed
in the office of the Town Clerk and shall be mailed to the applicant.
A preapplication conference may be held between the Planning
Board and applicant to review the basic site design concept and to
determine the information to be submitted with the site plan.
An application for a non-wind energy conversion system site plan approval shall be made in writing to the Zoning Enforcement Officer and shall be accompanied by information drawn from the following checklist. An application for a commercial, residential or agricultural wind energy system shall meet the application requirements of the appropriate wind energy application subsection of § 265-72. The Planning Board may require additional information if necessary, to complete its review.
A.
Plan checklist for all non-wind energy conversion system site plans:
(1)
Title of drawing, including name and address of applicant and person
responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Boundaries of the property plotted to scale.
(4)
Existing watercourse and bodies of water.
(5)
Location of any slopes of 5% or greater.
(6)
Proposed grading and drainage.
(7)
Location, proposed use, and height of all buildings and site improvements
including culverts, drains, retaining walls and fences.
(8)
Location, design and construction materials of all parking and truck
loading areas, showing points of entry and exit from the site.
(9)
Location of outdoor storage, if any.
(10)
Description of the method of sewage disposal and location of
the facilities.
(11)
Identification of water source; if well, locate on drawing.
(12)
Location, size and design and construction materials of all
proposed signs.
(13)
Location and proposed development of all buffer areas, including
existing vegetation cover.
(14)
Location and design of outdoor lighting facilities.
(15)
General landscaping plan.
(16)
Copy of property deed and a listing of all deed restrictions.
B.
As necessary, the Planning Board may require the following:
The Planning Board's review of the site plan shall include,
as appropriate, the following:
A.
General considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls. This includes the maximum feasible redesign
of private roads to conform to public access and rights-of-way.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(4)
Location, arrangement, size, and design and general site compatibility
of buildings, lighting and signs. No use shall be undertaken which
eliminates or substantially reduces the view/vista of an existing
property due to height, bulk or orientation of structure.
(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 buffer between the applicant's
and adjoining lands, including the maximum feasible retention of existing
vegetation.
(8)
In the case of an apartment complex or other multiple dwelling,
the adequacy of usable open space for play areas and informal recreation.
(9)
Protection of adjacent or neighboring properties against noise,
glare, unsightliness or nuisances.
(10)
Protection of solar access on adjacent or neighboring properties.
(11)
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(12)
Special attention to the adequacy of structures, roadways and
landscaping in areas with susceptibility to ponding, flooding and/or
erosion.
(13)
Special attention to the productive use and access with "backlot"
areas, indicating present and future intended uses.
(14)
Consistency with the general intent of the Town's Comprehensive
Master Plan, and consistency with the policies and uses of the Local
Waterfront Revitalization Program (LWRP).
B.
Consultant review. The Planning Board may consult with the Town Code
Enforcement Officer, fire commissioners, highway departments, county
planning department, and other local county officials, in addition
to representatives of federal and state agencies including, but not
limited to, the Natural Resources Conservation Service, the State
Department of Transportation and the State Department of Environmental
Conservation.
C.
Public hearing. The Planning Board may conduct a public hearing of
the site plan. If a public hearing is considered desirable by a majority
of the Planning Board, such public hearing shall be conducted within
62 days of the receipt of the application and shall be advertised
in the official newspaper of the Town at least five days before the
public hearing. A decision shall be rendered within 62 days after
the public hearing.
