[Amended 10-20-1987 by L.L. No. 6-1987]
Site plan approval by the Planning Board is required for all uses permitted in §§ 180-18, 180-19, 180-20, 180-21, and 180-23 and for special permit uses in all districts. Before issuance of a building permit or certificate of occupancy for a use requiring site plan approval, the detailed site plan for such use shall be reviewed by the Planning Board, and no development shall be carried out except in conformity with such site plan as accepted and approved by the Planning Board.
A.
Application to Zoning Enforcement Officer.
(1)
As provided by § 180-85, Building permits, application for a permit shall be made to the Zoning Enforcement Officer prior to:
(2)
If, upon receipt of such application, the Zoning Enforcement Officer
determines that the permit shall not be issued without the approval
of a site plan by the Planning Board, he shall advise the applicant
to prepare an application for site plan approval. The application
shall be filed with the Zoning Enforcement Officer along with the
required fee. Within five days of its receipt, the Zoning Enforcement
Officer shall forward the application to the Planning Board.
B.
Action of the Planning Board.
(1)
Meeting with applicant; notification of abutters.[1]
(a)
Upon receipt of the application, the Planning Board shall notify
the applicant, in writing, of the place, date and time of the meeting
of the Planning Board at which the application is to be considered
and request the applicant's presence to discuss the application.
(b)
The Secretary of the Planning Board shall provide notice of the application
to the owners of all property abutting that held by the applicant
and all other owners within 200 feet of the land involved in such
application. Notice shall be mailed at least 10 calendar days prior
to the meeting, with compliance with the notification procedure certified
to by the Secretary or other designated Town employee.
[1]
The Town shall charge the applicant either a flat rate or a stated
amount per notice for satisfying this requirement.
[2]
The names and addresses of owners notified shall be taken as such
appear on the last completed tax roll of the Town.
[3]
Provided that there has been substantial compliance with these provisions,
the failure to give notice to the abutting owners in exact conformance
herewith shall not be deemed to invalidate an action taken by the
Planning Board in connection with the application.
(2)
Review of application. The Planning Board shall determine whether or not the application and site plan are complete. The Planning Board may request the applicant to submit such additional information that the Board deems necessary in order to decide on the application, including details and specifications for elements of the site plan. The Planning Board, upon written request by the applicant, may by resolution determine that the required submission of all or part of the information specified in § 180-35 is not necessary in order to decide on the application and need not be submitted or determine that such information is deferred for submission and decision at a later date.
(3)
Disposition of application by Planning Board. The Planning Board
may, at its discretion, hold a public hearing on the application for
site plan approval, which hearing, if any, shall be held within 62
days after receipt of the application and, upon publication of notice
of the hearing, at least five days prior to the date of the hearing.
Within 62 days of receipt of the application or within 62 days after
the public hearing, if any, and after the applicant has had the opportunity
of meeting with the Planning Board, the Planning Board shall approve,
approve with modifications or disapprove the application and site
plan. The decision of the Planning Board shall be in writing and shall
be transmitted to the Zoning Enforcement Officer and the Town Clerk,
which decision shall be binding. A copy of said decision shall be
mailed to the applicant at the address indicated on the application.[2]
The following materials shall be submitted by the applicant:
A.
Statement of use. A written statement, signed by the applicant and
by the owner if different from the applicant, describing the following
in sufficient detail to determine compliance with the provisions of
this chapter, including the use provisions applicable in the district,
and to establish the plan and development program basis for review
of the site plan submission; four copies shall be submitted:
(1)
A declaration as to the nature and extent of the proposed use or
occupancy.
(2)
Provision to be made for water supply, sewage disposal, solid and
liquid waste disposal, drainage and other utilities.
(3)
The number of persons to be employed at, occupy and/or visit the
premises on a daily basis, including the parking and loading requirements
for the use.
(4)
An estimate of the type of vehicular traffic and number of vehicle
trips to be generated on a daily basis and at peak hour.
(5)
The equipment or other methods to be established to comply with the performance standards of § 180-21.
(6)
Disclosure of any toxic or other hazardous materials to be used,
stored or processed in connection with the proposed use or occupancy
as identified in the United States Environmental Protection Agency
list of priority pollutants, Section 3001 of the Resource Conservation
and Recovery Act (40 CFR 261) or New York State Environmental Conservation
Law, Article 27 (6 NYCRR 371).[1]
(7)
The name, address and telephone number of the owner of the property
and the applicant if not the owner.
(8)
The tax parcel number(s) of the property for which application is
made and a copy of the Tax Map showing those parcels.
B.
Vicinity maps. A map drawn to a scale of 2,000 feet to the inch or
larger, showing the relationship of the proposal to existing community
facilities that may affect or serve it, such as roads, shopping areas,
schools, etc., which map may be superimposed on a United States Geological
Survey Map; and a map drawn to a scale of 400 feet to the inch or
larger showing the lot for which the site plan is proposed and all
property lines and lots, subdivisions, street rights-of-way and easements
within 500 feet of the lot, which map may be based on the Property
Tax Assessment Map of the Town.
C.
Site plan. A site plan drawn at a scale of not less than 50 feet
to the inch. The site plan shall be prepared by a professional engineer,
architect and/or land surveyor licensed to practice in the State of
New York and as required by law. The site plan, including details
and specifications, shall show all of the following information, both
existing on the premises and proposed to be established, and clearly
distinguishing between existing and proposed, as applicable to the
particular application; four copies shall be submitted.
(1)
Property lines of the lot, and any lines delineating any lesser portion
of the lot to be used under the application.
(2)
Existing contours and proposed grading contours at an interval not
exceeding two feet, or equivalent ground elevations, based on mean
sea level, including identification of a benchmark at the site.
(3)
Buildings, structures, retaining walls, fences and barriers.
(4)
Signs and outdoor illumination facilities and the specifications
therefor.
(5)
The rights-of-way of streets adjoining or serving the lot.
(6)
Street pavement, driveways, curbs and sidewalks, and the specifications
therefor, and traffic control devices.
(7)
Off-street parking and loading spaces, and access aisles and turning
areas therefor, and circulation driveways within the lot and to the
street.
(8)
Open storage areas and provision for solid waste storage and disposal
and any screening therefor.
(9)
All other paved areas and underground storage facilities.
(10)
Watercourses, water bodies and wetlands, and the boundaries
of United States Natural Resources Conservation Service soil types.
(11)
Storm drainage, sewage disposal and water supply facilities
and the engineering computations therefor.
(12)
Any areas of special flood hazard and floodways and the base flood and flood elevation data as specified in Chapter 95.
(13)
Landscaping, including trees, shrubs, lawn, seeding, stone walls
and fences, screening and other landscape features, and the specifications
therefor, as well as lines delimiting any natural terrain not to be
disturbed.
(14)
Provisions for soil erosion and sediment control.
(15)
A schedule specifying the area of the lot, the amount of floor
area, building ground coverage and total coverage by building and
paving in square feet and as a percent of the lot, and the basis for
computation of required off-street parking and loading spaces.
(16)
The North point, name and seal of the preparer of the plan,
date of preparation and all revision dates, including identification
of the item revised.
(17)
All revisions shall be numbered, dated and notated.
D.
Architectural plans. Architectural plans of all proposed buildings
and structures, and signs and outdoor illumination facilities unless
otherwise provided in connection with the site plan, as applicable
to the particular application, which plans may be preliminary in form
but shall include exterior elevation drawings, floor plans and perspective
drawings in sufficient detail to indicate the exterior building materials,
color, height, bulk, stories, roofline, ornamentation and general
character and the interior uses of the floor area, all prepared, except
for drawings for signs, by an architect or professional engineer licensed
to practice in the State of New York; four copies shall be submitted.
All revisions shall be numbered, dated and notated.
E.
Traffic impact report. For proposed site development involving 50
or more new parking spaces or proposed uses projected to generate
either more than 200 vehicle trips per day or more than 100 vehicle
trips per day per 1,000 square feet of floor area, a traffic impact
report, prepared by a licensed engineer recognized as a traffic engineer,
indicating the expected average daily vehicular trips and peak hour
volumes to be generated by all of the uses on the lot and the access
conditions at the lot, distribution of such traffic to be generated,
types of vehicles expected, effect upon the level of service on the
street giving access to the lot and at nearby intersections and recommended
access and street improvements to avoid congestion and provide safe
and convenient access, taking into account the site-generated trips
and the traffic on the street and at nearby intersections projected
to the date of occupancy of the site.[2]
A.
General. In acting on any proposed site plan submission, the Planning
Board shall take into consideration the requirements of the Comprehensive
Plan and any supplements thereto adopted by the Board, as well as
the Official Map as it may be adopted by the Town Board. Site plans
shall conform to all other provisions of this chapter and to the standards
hereinafter specified.
B.
Neighborhood. The site plan and architectural plan shall be of a
character as to harmonize with the neighborhood, to accomplish a transition
in character between areas of unlike character, to protect property
values and to preserve and enhance the appearance and beauty of the
community.
C.
Access and circulation. Provision shall be made for vehicular access
to the lot and circulation upon the lot in such a manner as to safeguard
against hazards to traffic and pedestrians in the street and upon
the lot, to avoid traffic congestion on any street and to provide
safe and convenient circulation upon the lot. Access and circulation
shall also conform to the following:
(1)
Where reasonable alternate access is available, the vehicular access
to the lot shall be arranged to avoid commercial traffic use of local
residential streets situated in or bordered by residential districts.
(2)
Where a lot has frontage on two or more streets, the access shall
be provided to the lot across the frontage and to the street where
there is lesser potential for traffic congestion and for hazards to
traffic and pedestrians.
(3)
The street giving access to the lot shall have traffic-carrying capacity
and roadway improvements and traffic management facilities that are
sufficient to accommodate the amount and types of traffic generated
by the proposed use, taking into account access to existing uses along
the street and existing traffic projected to the date of occupancy
of the site. Roadway, traffic management and other deficiencies in
the street giving access, which result in congestion or impairment
of safety and convenience, may be remedied by the applicant if authorized
by the owner of the street.
(4)
Where necessary to safeguard against hazards to traffic and pedestrians
and/or to avoid traffic congestion, provision shall be made for turning
lanes, traffic directional signals, frontage road driveways and traffic
controls within the street.
(5)
Access driveways shall be of a design and have sufficient capacity
to avoid queuing of entering vehicles within any street.
(6)
Driveways into the lot shall not exceed a grade of 10% and shall
meet the street line and travel way of the street with proper transition
grades and sight lines for safe, convenient and efficient access and
in such a manner as to conform to the established cross section for
the street.
(7)
Where topographic and other conditions are reasonably usable, provision
shall be made for circulation driveway connections to adjoining lots
of similar existing or potential use when such driveway connection
will facilitate fire protection services and/or when such driveway
will enable the public to travel between two existing or potential
uses, open to the public generally, without need to travel upon a
street.
(8)
There shall be no more than one driveway connection from any lot
to any street, except that separate entrance and exit driveways may
be provided where necessary to safeguard against hazards and to avoid
congestion and additional driveway connections may be provided, particularly
for but not limited to large tracts and uses of extensive scope, if
traffic flow in the street will be facilitated by the additional connection.
D.
Existing streets. Where the lot has frontage on an existing street,
proper provision shall be made for grading and improvement of shoulders
and sidewalk areas within the right-of-way of the street and for provision
of curbs and sidewalks in accordance with the pattern of development
along the street. Where necessary to provide for suitable access or
for a system of neighborhood circulation streets, provision shall
also be made for appropriate continuation and improvement of streets
terminating at the lot where the use is to be located.
E.
Parking and loading. Off-street parking and truck loading spaces shall be provided in accordance with § 180-50. Whenever possible, area on the lot shall be provided for any truck maneuvering necessary to use off-street truck loading spaces. Truck loading spaces and maneuvering areas shall have dimensions sufficient to accommodate the type and size of truck expected at the premises.
F.
Drainage.
(1)
Provision shall be made on the lot for the management of stormwater,
including collection, detention and disposal thereof, in the following
manner:
(a)
To assure the usability of off-street parking and loading spaces.
(b)
To avoid hazards to pedestrians and vehicular traffic on the
lot and in any street.
(c)
To avoid stormwater flow across sidewalks and other pedestrian
ways.
(d)
To protect watercourses and wetlands from pollution, erosion
and sedimentation.
(e)
To avoid an amount of discharge and time of concentration of
flow beyond the capacity of downstream drainage channels.
(f)
To avoid downstream flooding.
(2)
Provision shall also be made for on-site detention or recharge for
the protection or improvement of existing watercourses, channels,
floodways and other drainage systems, on the lot or downstream from
the lot, as needed to accept or regulate the proposed drainage discharge,
based on sound design criteria under good engineering practice, taking
into account the drainage requirements of the entire watershed in
which the lot is located.
G.
Soil erosion and sediment control. Provision shall be made for soil
erosion and sediment control, prior to commencement of construction
and during and upon completion of construction, in accordance with
the current edition of Soil Erosion and Sediment Control Guidebook,
published by the Dutchess County Soil and Water Conservation District.
H.
Wetlands and watercourses. Where wetlands and/or watercourses are
located on or adjacent to the lot, provision shall be made for their
protection in a natural state unless modification is approved by the
Planning Board and, when subject to regulatory jurisdiction by a Town,
county or state agency, is approved by such agency prior to site plan
approval.
I.
Special flood hazard areas. When any part of the lot is located within an area of special flood hazard, the site plan shall conform to the requirements of Chapter 95, Flood Damage Prevention.
J.
Fire protection. Proper provision shall be made for fire protection
facilities and access, taking into account any recommendations of
the Chief of the Fire Department serving the Town of North East and
including the following:
(1)
Suitable location for and access to fire hydrants and/or fire ponds
and other water storage.
(2)
Suitable access to buildings and open storage areas for operation
of fire protection vehicles and equipment.
(3)
Sufficient controls on traffic and parking to permit access by fire
protection vehicles in emergencies.
(4)
Adequate circulation driveways within the lot, coordinated with access
to other lots, to permit access by fire protection vehicles.
K.
Sanitation. Provision shall be made for water supply, sewage disposal,
control of wastes and protection of water quality in accordance with
the following criteria:
(1)
Proper provision shall be made for the water supply and sewage disposal
requirements of the proposed use. When on-site systems are to be used,
such systems shall be designed and constructed in accordance with
applicable county and/or state law, and the design concept and layout
for such systems shall be approved by the Dutchess County Department
of Health prior to approval of the site plan. Approval of the site
plan may be conditioned upon such Department's approval of the final
design of the system.
(2)
Proper provision shall be made for the collection, storage and disposal
of solid and liquid wastes accumulated in connection with the proposed
use and for control of litter by means of receptacles, fences, programs
for site maintenance and cleaning and other means approved by the
Planning Board.
(3)
The site plan shall demonstrate how any toxic or hazardous substances
are to be managed in accordance with applicable law and so as to avoid
danger to the public health and degradation of surface and ground
waters and wetlands.
(4)
Proper provision shall be made for any aboveground or in-ground storage
of fuels and deicing salts and chemicals in a manner that protects
groundwater aquifers having potential for significant water supply.
L.
Landscaping. Landscaping shall be provided and permanently maintained on the lot to conform to the standards of § 180-36A and B, particular requirements of this chapter and the following:
(1)
All areas of the lot not covered by buildings and other structures,
open storage and approved paving shall be suitably landscaped with
trees and/or shrubs, lawns or other suitable landscaping or shall
be left as natural terrain if not disturbed by filling, grading or
excavation.
(2)
Landscaping, including grading, provided in the front yard area of
the lot shall be of a type, size and height as to avoid obstruction
of minimum sight lines along the street as well as from access driveways
onto the street whether the driveway is located on the lot or any
other lot, in accordance with the standards of the New York State
Department of Transportation.
M.
Lighting. The location, height design, direction and brightness of
outdoor illumination (area lighting, floodlighting and illumination
of signs) shall be arranged and maintained as follows:
(1)
To provide sufficient illumination for safety, convenience and security.
(2)
To minimize sky glow.
(3)
To safeguard against discomfort glare and disability veiling glare
in any street and upon pedestrian ways and vehicular parking, loading
and circulation areas on the lot where located or any other lot.
(4)
To harmonize with the neighborhood and avoid trespass illumination
on any other lot.
N.
Signs. Any signs to be established on the lot shall be part of the site plan submission and shall conform to the standards of § 180-55. In lieu of specific sign proposals in connection with the site plan submission, the applicant may submit and the Planning Board may approve a general sign plan and program for the premises specifying intended locations, sizes, areas, message, design and illumination.
O.
Buildings and structures. Buildings and other structures shall have an exterior design, including finish and color, that conforms to § 180-36A and B. The exterior walls of any building that are visible from any street or any other lot shall present a finished appearance by means of materials consistent with the design of the building as a whole. No mechanical equipment shall be located on the roof of a building if visible from any street unless such equipment is housed or screened from view in a manner consistent with the architectural design of the building.
P.
Nonconformity. After public hearing as provided in § 180-34B(3), the Planning Board may approve a site plan authorizing the erection, moving or alteration of buildings and structures on a lot having existing site development which fails to conform to the standards of this article and/or authorizing continuation, enlargement, extension, moving or reconstruction of existing site development which fails so to conform if the Planning Board finds that the following standards are met:
(1)
The proposed construction will result in a general improvement of
the lot with regard to safe access, sight lines along streets, suitable
drainage and adequate landscaping.
(2)
Nonconforming signs and lighting will be brought into a conforming
or more nearly conforming condition.
(3)
Adequate provision is made for landscaping abutting nonbusiness districts.
(4)
There shall be no increase in the nonconformity of buildings and
other structures and site improvements.
[Added 4-14-2011 by L.L. No. 2-2011]
No final approval for the site plan shall be issued by the Planning Board until such time as the installation of required infrastructure and improvements shown on the site plan has been completed and inspected and approved by the Town's Zoning Enforcement Officer and/or Code Enforcement Officer. Alternatively, in the discretion of the Planning Board, final approval shall be granted, provided a performance bond, or other surety sufficient to cover the full cost of installation of the same, has been posted in accordance with the procedures set forth in Chapter 150, Subdivision of Land, §§ 150-27 and 150-28, of the Town Code. The amount and sufficiency of such performance guarantee shall be determined in accordance with the procedures set forth in those sections of the Town Code. No certificate of occupancy shall be issued until all required infrastructure and improvements as shown in the plans have been installed.
