[HISTORY: Adopted by the Town Board of the Town of North
Collins 12-4-1991 by L.L. No. 2-1991 (Ch. 157 of the 1991 Code). Amendments
noted where applicable.]
The Town Board of the Town of North Collins, Erie County, New
York, hereby enacts the Town of North Collins Site Plan Review Law
pursuant to § 10 of the Municipal Home Rule Law and § 274-a
of the Town Law.
This chapter shall be known as the "Town of North Collins Site
Plan Review Law." The Town of North Collins is hereinafter referred
to as the "Town."
The Town of North Collins Planning Board is hereby empowered to review, approve, approve with modifications or disapprove all site plans as required by § 206-12 of this chapter. The purpose of such site plan review and approval procedures is to ensure conformity and adequate adherence to the various provisions of this chapter and Chapter 265, Zoning, of the Town of North Collins; to ensure that uses of land so affected by these provisions meet design, function and layout criteria established by this chapter that will culminate in development that will protect the health, safety and general welfare of Town residents and are compatible with the intent of the Master Plan and its proposals and recommendations; and to ensure the ability of the Town to accommodate the growth resulting from the proposed use without undue adverse effect on the Town and its citizens and taxpayers and the protection of the health, safety and common welfare of the Town and its citizens.
In accordance with § 274-a of the Town Law, the Planning
Board is authorized to review and approve, approve with modifications
or disapprove site plans, prepared to specifications set forth in
this chapter and in regulations of the Planning Board, showing the
arrangement, layout and design of the proposed use of the land shown
on such plans.
A.
Except for the following, the provisions of this chapter shall apply
to all uses requiring special use permits, to all permitted and accessory
uses and to applications to alter a nonconforming use:
(1)
Single-family residences in R-1, R-2 and R-A Districts and all associated
permitted and accessory uses to such single-family residences.
(2)
Landscaping or grading which is not intended to be used in connection
with a land use reviewable under the provisions of this chapter.
(3)
Ordinary repair or maintenance of or interior alterations to existing
structures or uses.
(4)
Exterior alterations or additions to existing structures which would
not increase the square footage of the existing structure by more
than 25% and having a cost value of less than $5,000.
(5)
Nonstructural agricultural or gardening uses not involving substantial
timber-cutting.
(6)
The sale of agricultural produce and temporary structures relating
to the sale of agricultural produce.
B.
A land use or development involving these uses shall not be undertaken
unless and until the Planning Board has approved such use and the
Code Enforcement Officer has issued a permit for such land use and
development. No building permit shall be valid without site plan approval.
A sketch plan conference may be held between the Planning Board
and the applicant prior to the preparation and submission of a formal
site plan. The intent of such a conference is to enable the applicant
to inform the Planning Board of his or her proposals prior to the
preparation of a detailed site plan and for the Planning Board to
review the basic site design concept, advise the applicant as to potential
problems and concerns and generally determine the information to be
required on the site plan. In order to accomplish these objectives,
the applicant shall provide the following:
A.
A statement and rough sketch showing the location and dimensions
of principal and accessory structures, parking areas, access signs,
with descriptions, existing and proposed vegetation and other planned
features, anticipated changes in existing topography and natural features
and, where applicable, measures and features to comply with flood
hazard and flood insurance regulations.
B.
An area map (one inch equals 30 feet) showing the parcel under consideration
for site plan review and all properties, subdivisions, streets, rights-of-way,
easements and other pertinent features within 200 feet of the boundaries
of the parcel.
C.
A topographic or contour map of adequate scale and detail to show
site topography (one inch equals 30 feet).
An application for project approval shall be made to the Planning Board using forms supplied by the Board. Applications shall include reasonably sufficient information for the Board to make its findings under § 206-12 of this chapter. In determining the content of these application forms, the Planning Board may provide for different informational requirements for different classes or types of projects; but, with each certain class or type of project, the same information required by these various application forms may include any or all of the following:
A.
A detailed description of the natural features of the project and
its components, including all proposed roads and accesses and water
supply and sewage disposal systems and their relationship to natural
features.
B.
An analysis with supporting data on the impact of the project on
the environment, both during construction and thereafter.
C.
An analysis and supporting data of any benefit that might derive
from the project.
In addition to the fees listed on the schedule of fees,[1] the Planning Board may charge a fee to developers of projects
requiring legal and technical review, provided that the fee charged
reflects the actual cost of legal, engineering and technical assistance
to the Planning Board. This fee is not to exceed $1,500 without consent
of or notice to the applicant.
[1]
Editor's Note: The fee schedule is on file in the Town
offices.
Upon receipt of the application for a zoning and building permit and related material from the Code Enforcement Officer as required in § 206-7, the Planning Board may require that the developer submit additional information as follows, which shall be prepared by a licensed engineer, architect, surveyor, landscape architect or any combination thereof:
A.
A map of the applicant's entire holding at the scale of one
inch equals 200 feet, unless the Planning Board determines a different
scale more appropriate.
B.
An area map, at a scale of one inch equals 30 feet, showing all properties,
subdivisions, streets, watercourses and easements which pass through
the property or are known to abut the applicant's property.
C.
A topographic map, at a scale of one inch equals 30 feet, showing
contours at two-foot intervals.
D.
A site plan, including the following information:
(1)
The title of the drawing, including the name(s) and address(es) of
the applicant or owner of record.
(2)
The North point, date and scale.
(3)
The name and address of the person, firm or organization preparing
the map.
(4)
Boundaries of the property, plotted to scale.
(5)
Existing watercourses and their direction of flow.
(6)
A site plan showing the location of the proposed use or uses, the
bulk and height of all buildings and the location of all parking areas,
with access drives thereto.
(7)
The location of all existing or proposed site improvements, including
drains, culverts, retaining walls and fences; existing water and other
utility facilities; a description of the method of sewerage disposal
and the location of such facilities; the location and sizes of all
permitted signs; the location and design of lighting facilities; the
amount(s) of building area(s) proposed for retail sales, if any; and
existing areas of vegetation and trees (in general, five inches or
more in diameter or, if in significant clusters, those less than five
inches).
(8)
A tracing overlay showing areas, if any, with moderate to high susceptibility
to flooding or ponding, moderate to high susceptibility to erosion
and slopes in excess of 15%. For areas with potential erosion problems,
the overlay shall also include an outline of existing vegetation.
(9)
A grading plan showing the existing and proposed elevation of the
site.
Upon receipt of an application and all applicable material,
the Planning Board shall notify the applicant, in writing, by mail,
of the place, date and time of the meeting of the Planning Board at
which the application is to be considered and request the presence
of the applicant to discuss the application.
A.
In order to approve any site plan review use, the Planning Board
shall consider the following:
(1)
Full conformance of the site plan to the regulations of Chapter 265, Zoning, of the Town of North Collins, and this chapter.
(2)
The adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, channelization structures and
traffic controls. Consideration will also be given to the project's
impact on the overall circulation system as it relates to adjacent
uses.
(3)
The adequacy and arrangement of pedestrian traffic access and circulation,
including but not solely limited to separation of pedestrian from
vehicular traffic, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience.
(4)
The location, arrangement and setting of off-street parking and loading
areas.
(5)
The location, arrangement, size and design of buildings, lighting
and signs.
(6)
The adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or a noise-deterring buffer between these
and adjoining properties.
(7)
In the case of multiple-family complexes, the adequacy of usable
open space for controlled and informal recreation.
(8)
The adequacy of provisions for the disposal of stormwater and sanitary
wastes, water supply for both fire protection and general consumption,
solid waste disposal and snow removal storage areas.
(9)
The adequacy of structures, roadways and landscaping in areas of
moderate to high susceptibility to flooding and ponding and/or erosion.
(10)
The protection of adjacent properties against noise, glare,
unsightliness or other objectionable features.
(11)
The retention of existing trees for protection and control of
soil erosion, drainage and natural beauty.
(12)
In the case of multiple-family complexes, average-density developments,
planned unit developments and commercial developments, excessive similarity
and/or excessive dissimilarity or inappropriateness to any other structure
existing or for which a permit has been issued or to any other structure
included in the permit application.
B.
In its review, the Planning Board may consult with appropriate Town
and county offices and agencies of the state and federal government.
The Planning Board shall also conduct a public hearing in the case
of applications involving special use permits and before site plan
approval is granted for uses of land in connection with planned unit
development.
A.
The Planning Board may conduct a public hearing on the site plan
if considered desirable by a majority of its members. Such hearing
shall be held within 45 days of the receipt of an application deemed
complete by the Planning Board and shall be advertised in the Town's
official newspaper or, if there is none, in a newspaper of general
circulation in the Town at least 10 days before the public hearing.
B.
For applications within 500 feet of the Town boundary, proposed or
existing state or county park or recreation areas, rights-of-way,
parkways, thruways, roads or highways, streams, drainage channels
or easements, public buildings or institutions, not later than 10
days following receipt of a complete application for said project,
the Code Enforcement Officer shall notify and furnish the County Planning
Board, in accordance with §§ 239-1 and 239-m of the
General Municipal Law, with such pertinent information as the County
Planning Board may deem necessary for review and comment.
C.
Within 45 days of receipt of an application deemed complete by the
Planning Board or, if a public hearing is held, within 45 days of
the public hearing, the Planning Board shall render a decision. In
its decision, the Planning Board may approve, approve with modifications
or disapprove the site plan. The time period in which the Planning
Board must render its decision can be extended by mutual consent of
the applicant and the Planning Board.
(1)
Approval. Upon approval of the site plan and payment by the applicant
of all fees and reimbursable costs due the Town, the Planning Board
shall endorse its approval on a copy of the site plan and shall immediately
file it and a written statement of approval with the Town Clerk. A
copy of the written statement of approval shall be mailed to the applicant.
(2)
Approval with modifications. The Planning Board may conditionally
approve the final site plan. A copy of the written statement containing
the modifications required by the conditional approval will be mailed
to the applicant. After adequate demonstration to the Planning Board
that all conditions have been met and payment by the applicant of
all fees and reimbursable costs due the Town, the Planning Board shall
endorse its approval on a copy of the site plan and shall immediately
file it and a written statement of approval with the Town Clerk. A
copy of the written statement of approval shall be mailed to the applicant.
(3)
Disapproval. Upon disapproval of the site plan, the decision of the
Planning Board shall immediately be filed with the Town Clerk and
a copy thereof mailed to the applicant, together with the Planning
Board's reasons for disapproval.
D.
The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the imposition of a performance bond and/or letter of credit; restrictions of land against further development of principal buildings, whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that guidelines as to intensity of development as provided in this chapter shall be respected; and the imposition of reasonable conditions to ensure that the project will be adequately supported by services and improvements made necessary by the project and to ensure that the project will be completed in accordance with the terms of the application and any permit, without limitation, and the requirements and conditions authorized under § 206-11 of this chapter. In addition, the Planning Board may require the Code Enforcement Officer to incorporate such requirements and conditions in any permit issued with regard to such site review project.
E.
Unless otherwise specified or extended by the Planning Board, a decision
on any site plan review shall expire if the applicant fails to undertake
the proposed action or project, to obtain any necessary building permits,
to construct any proposed new building(s) or change any existing building(s)
or to comply with the conditions of said authorization within one
year from the filing date of such decision thereof.
A.
The Planning Board, in addition to the foregoing section, may require
such additional provisions and conditions that appear to promote further
understanding of the applicant's proposal and are necessary for
the purpose of ultimately protecting the health, safety and general
welfare of the Town's residents.
B.
The Planning Board may, at its discretion, judge that certain requirements
of this chapter are not applicable in its approval of a site plan
and may therefore allow the applicant to submit only those elements
which it deems necessary to the review and approval of the particular
application.
The Code Enforcement Officer shall have the power and duty to
administer and enforce the provisions of this chapter. An appeal from
an action, omission, decision or rule by the Code Enforcement Officer
regarding a requirement of this chapter may be made only to the Zoning
Board of Appeals.
The original or a certified copy of all decisions, approvals,
rulings and findings of any Board under this chapter and of all permits
and certificates issued under this chapter shall be promptly furnished
by the Code Enforcement Officer to the Town Clerk and retained as
a permanent Town public record.
An action, omission, decision or ruling of the Planning Board
pursuant to this chapter may be reviewed at the insistence of any
aggrieved person in accordance with Article 78 of the Civil Practice
Law and Rules, but application for such review must be made not later
than 30 days from the effective date of the decision or ruling or
the date when the action or omission occurred, whichever comes later.
Unless otherwise stated, all petitions, applications and appeals
provided for in this chapter shall be made on forms prescribed by
the Planning Board. Completed forms shall be accompanied by whatever
further information, plans or specifications as may be required by
such forms.
A.
Fees provided for by this chapter shall be paid upon the submission
of applications and appeals, in such amount or amounts as shall be
established by the Town Board from time to time. Said fees will be
posted in the Town Clerk's office on the official schedule of
fees for the Town of North Collins.[1]
[1]
Editor's Note: The fee schedule is on file in the Town
offices.
B.
All fees shall be paid at the time of application to the Town Clerk.
C.
No fee shall be allowed to be substituted for any other required
fee.
A.
Permit required. No building, structure or sign shall be erected,
added to or structurally altered until a permit therefor has been
issued by the Code Enforcement Officer. No new use of a building or
structure shall be undertaken until a permit therefor has been issued
by the Code Enforcement Officer. No building permit or, where applicable,
certificate of occupancy shall be issued for any building, structure,
use or sign where said construction, addition, alteration or use would
be in violation of any of the provisions of this chapter or of any
other local law, ordinance or regulation of the Town of North Collins.
B.
Submittal requirements. There shall be submitted with all applications
for building permits three copies of a layout or plot plan, drawn
to scale, showing the actual dimensions of the lot to be built upon,
the exact size and location on the lot of the building and accessory
buildings or signs to be erected and such other information as may
be necessary to determine and provide for the enforcement of this
chapter.
C.
Permit certification. Upon receipt of all appropriate information
and fees and after all requirements of this chapter have been met,
the Code Enforcement Officer shall issue a building permit. One copy
of the submitted layout or plot plan certified by the Code Enforcement
Officer as to compliance with this chapter shall be returned to the
applicant.
A.
Further regulation by Planning Board. The Planning Board may, after
a public hearing, adopt such further rules and regulations as it deems
reasonably necessary to carry out the provisions of this chapter.
B.
Amendments.
(1)
The Town Board may, on its own motion, on petition or on recommendation
of the Planning Board, after public notice and hearing, amend this
chapter pursuant to all applicable requirements of the law.
(2)
All proposed amendments originating by petition or by motion of the
Town Board shall be referred to the Planning Board for a report and
recommendation thereon. The Planning Board shall submit its report
within 30 days after receiving such referral. Failure of the Planning
Board to report within the required time shall be deemed to constitute
a recommendation for approval of the proposed amendment.
Whenever the circumstances of proposed development require compliance
with this chapter and with any other local law, ordinance or requirement
of the Town, the Planning Board shall attempt to integrate, as appropriate,
the site plan review as required by this chapter with the procedural
and submission requirements for such other compliance.
Any person, corporation, partnership, association or other legal
entity who shall violate any of the provisions of this chapter or
any conditions imposed by a permit issued pursuant thereto shall be
guilty of an offense and subject to a fine of not more than $250 or
to a penalty of $250, to be recovered by the Town in a civil action.
Every such person or entity shall be deemed guilty of a separate offense
for each week such violation, disobedience, omission, neglect or refusal
shall continue.
