The Planning Board is hereby empowered to review and approve,
approve with modifications or disapprove site plans.
A.
Actions subject to site plan review. As regulated by § 275-10, Schedule of Use Regulations, the following activities shall require site plan approval:
(1)
New construction of a principal building.
(2)
Enlargement or alteration of a principal building.
(3)
Use of land: all use of land not involving buildings or structures.
(4)
Change in use: the change of use or occupancy of land or buildings,
structures or other improvements on land from either residential or
nonresidential to one of the other uses, or change in the nature,
substance or intensity of the same use, including, but not limited
to, changes in use which require the issuance of a certificate of
occupancy pursuant to the New York State Building and Fire Code.
[Amended 5-17-2017 by L.L. No. 1-2017]
B.
Exempt uses. Site plan approval shall not be required for the following:
(1)
A single-family detached dwelling or uses or structures accessory
thereto.
(2)
A new two-family dwelling or uses or structures accessory thereto.
Conversion of a single-family detached dwelling to a two-family dwelling
shall require site plan approval.
(3)
Ordinary repair or maintenance of existing uses or structures.
(5)
Landscaping or grading incidental to an existing use or a use exempted
herein.
(6)
Interior alterations to an existing nonresidential building.
(7)
Any change in use of an existing building that received prior site
plan approval, or was in existence on the effective date of this Zoning
Law, which does not require the issuance of a new certificate of occupancy
pursuant to the New York State Uniform Fire Prevention and Building
Code. The ZEO shall require that the use obtain site plan approval
where it is determined that there would be the following: an increase
in parking or utility demand, or other change in on-site utilization
which changes the overall intensity of the operations on the subject
property.
[Amended 5-21-2015 by L.L. No. 2-2015]
C.
Building permit and certificate of occupancy or use. No building
permit or certificate of occupancy or use shall be issued except in
conformity with an approved site plan, including any conditions thereto.
Continuing compliance with the approved site plan shall be requisite
to a certificate of occupancy.
D.
Application fees and ZEO review. The applicant shall pay a site plan
application fee in an amount to be established by the Town Board.
Application for a site plan shall be submitted on forms prescribed
by the Planning Board. The application shall be submitted to the Zoning
Enforcement Officer for consultation and review. Once the Zoning Enforcement
Officer determines that the application contains the relevant data
required for submission of a site plan application, the application
shall be forwarded to the Planning Board for its review in accordance
with the provisions of this article.
[Amended 5-21-2015 by L.L. No. 2-2015]
A.
Sketch plan submission and review.
(1)
Submission. The applicant shall submit a sketch plan to the Planning
Board to convey conceptually the use and site improvements being proposed.
The applicant shall submit 10 copies of the following:
(a)
A narrative describing the proposed use.
(b)
An area map showing the subject property and all properties,
streets, rights-of-way, easements and other pertinent features within
200 feet of the boundaries of the subject property.
(c)
A topographic map of the site, with contours shown at intervals
that adequately convey the topographic conditions of the site.
(d)
A sketch plan illustrating habitats identified in the Hudsonia
Ltd Significant Habitats in the Town of Pine Plains, and natural features
including but not limited to approximate locations of surface waters,
wetlands, and tree stands.
(e)
The locations and dimensions of existing and proposed principal
and accessory uses and structures, including parking areas and signs
and areas to remain undisturbed.
(2)
Sketch plan review. The Planning Board will review the sketch plan
and advise the applicant preliminarily on the merits of the proposal
based on a review of the Zoning Law, consistency of the sketch plan
with the Town Comprehensive Plan, and potential site plan issues and
concerns. The Planning Board will identify the data to be submitted
in conjunction with the site plan application.
B.
Site plan application. The applicant shall submit 10 copies of a
complete site plan application.
C.
Site plan submission requirements. The following information shall
be submitted for the subject property and properties within 200 feet
of the property boundaries unless waived by the Planning Board. The
site plan shall be drawn at an engineering scale of one inch equals
50 feet or larger. The plan shall be prepared by a New York State
licensed design professional, except that the Planning Board may require
that the site plan be prepared by a licensed professional engineer
where detailed road improvements, drainage systems, grading plans,
public or private utility systems, sewer and water facilities, and
such other supporting data are prepared in conjunction with a site
plan. The Planning Board may, in its discretion, waive the requirement
that site plans be prepared and stamped by a New York State licensed
professional or a licensed professional engineer in cases where the
Planning Board determines because of the nature, size and scale of
the site plan such professional drawings are not necessary for adequate
review and approval of the site plan and such waiver will not impair
the public health, safety and welfare. The grounds for such waiver
shall be set forth by the Planning Board in writing.
[Amended 5-17-2017 by L.L. No. 1-2017]
(1)
Application and map requirements:
(a)
A vicinity map at a scale of one inch equals 2,000 feet or larger
showing the site in relation to existing community facilities, roads,
and zoning district boundaries.
(b)
An area map showing the subject property and all properties,
streets, rights-of-way, easements and other pertinent features within
200 feet of the boundaries of the subject property. Property owner
names and addresses shall be provided for said adjacent lands as shown
on the latest tax records. The area map shall show the location of
existing zoning boundaries.
(c)
Title of site plan, name and address of applicant, property
owner, and site plan preparer. The licensed professional shall affix
his/her seal to the site plan.
(d)
North arrow, scale and date.
(e)
Property boundaries.
(f)
Existing uses and structures, including approximate location
of existing wells, septic systems and utilities.
(g)
Existing and proposed roads and driveways, including names,
right-of-way and pavement width, and easements, sight distance measurements.
(h)
Existing and proposed contours at two-foot intervals, vegetative
cover, surface water resources and delineated NYSDEC and ACOE wetlands,
steep slopes (15% and greater), and rock outcrops.
(i)
Size, design, type of construction, and exterior dimensions
of all proposed principal and accessory buildings and structures,
including but not limited to retaining walls and fences.
(j)
Gross floor area of structures, proposed division of building
into units of separate occupancy, hours of operation.
(k)
Required parking space calculation, parking and loading areas
and driveways, including dimensions and grades, and material specifications.
(l)
Sidewalks and pedestrian access, including material specifications
and dimensions.
(m)
Outdoor storage and solid waste disposal facilities and screening.
(n)
Description of any hazardous materials to be used or stored
on site and storage locations.
(o)
Utilities, including sewage disposal, communications, and energy
infrastructure, such as gas, oil or propane storage or lines, electric
lines, solar panels, water lines, septic systems, cable, drains, culverts.
(p)
Water supply, including demand calculation, design and construction
materials, distribution system.
(q)
Fire lanes and other emergency zones, including the location
of fire hydrants, where applicable.
(r)
Signs, including size, height, design, lighting, and material
specifications.
(s)
Landscaping and planting schedule, including location and development
of all proposed screening areas. Where directed by the Planning Board,
mature trees of twelve-inch dbh or greater shall be surveyed and the
specimen of tree identified.[1]
(t)
Lighting, including location and design specifications.
(2)
Additional requirements:
(a)
Identification of all required federal, state, county, regional
and local agency permits and status of applications.
(b)
If the applicant varies from the property owner, a consent affidavit
shall be submitted indicating the property owner's consent to filing
of the site plan application.
(c)
Construction schedule.
(d)
Other site plan specifications as may be required by the Planning
Board.
(e)
State Environmental Quality Review Act (SEQRA) environmental
assessment form.
(f)
Building elevations and/or sections illustrating front, rear,
and side profiles. The elevations and/or sections shall be scaled
and shall illustrate the height of all buildings and other permanent
structures included in the application.
D.
Other site plan submission requirements. The Planning Board may require
submission of the following:
(1)
Traffic study. A traffic study consisting of the following:
(a)
Internal traffic flow analyses.
(b)
Existing average daily traffic and peak hour levels.
(c)
Analyses of average daily traffic and peak hour levels resulting
from the project.
(d)
An analysis of existing and proposed intersection levels of
service (LOS).
(e)
Traffic distribution.
(f)
Methods to mitigate any traffic impact.
(g)
Pedestrian circulation needs analysis.
(h)
The methodology and sources used to derive existing data and
estimations.
(2)
Visual impact analysis (VIA). The VIA shall be prepared by a licensed
architect, landscape architect or other qualified professional and
shall:
(a)
Visually illustrate and evaluate the relationship of proposed
new structures or alterations to nearby preexisting structures in
terms of visual character and intensity of use (e.g., scale, materials,
color, door and window size and locations, setbacks, roof and cornice
lines, and other major design elements).
(b)
An analysis of the visual impacts on neighboring properties
from the proposed development and alterations, and of the location
and configuration of proposed structures, parking areas, open space,
and grade changes.
(c)
Renderings, photosimulations, and other information to convey
alterations to the existing visual environment.
E.
Waiver of site plan submission requirements. The Planning Board may
waive any of the site plan submission requirements which it determines
are not neccesary for complete and adequate review of the site plan
by the Planning Board given the size, location, and nature of the
site plan development being proposed. Any such grant of a waiver must
be expressly set forth in writing by the Planning Board, together
with a finding by the Planning Board that the site plan requirement(s)
being waived are not necessary for the Planning Board's adequate review
of the site plan and that such waiver shall not impair public health,
safety, or general welfare of the Town and the surrounding neighborhood.
[Amended 5-17-2017 by L.L. No. 1-2017]
F.
Area variance. Where a proposed site plan contains one or more features
which do not comply with the Zoning Law, application may be made to
the ZBA without the necessity of a decision or determination of the
Zoning Enforcement Officer.
G.
Acceptance of site plan application. Upon receipt of an application
for site plan approval, the Planning Board shall review the application
and accompanying maps for completeness. Upon determining that the
application is complete, the Board shall accept the application at
its next regular meeting. For purposes of meeting the statutory requirements
of § 274-a of the New York State Town Law, the date on which
the Planning Board deems the application complete shall be considered
to be the date an application for site plan approval is made. An application
shall not be deemed complete unless a fee for site plan application
has been paid in accordance with the schedule of fees of the Town
of Pine Plains.
H.
Referrals. Depending on the complexity of the application, the Planning
Board may require additional copies of the site plan application to
forward to the Conservation Advisory Council, the Town Highway Superintendent,
Town Engineer or other department, official or agency of the Town
or outside experts, emergency and community service providers, the
County Highway Department, the New York State Department of Transportation,
the New York Department of Environmental Conservation, the U.S. Army
Corps of Engineers and/or any other agency prior to determining that
the application is complete.
I.
SEQRA. The Planning Board shall comply with the provisions of the
New York State Environmental Quality Review Act under Article 8 of
the Environmental Conservation Law and its implementing regulations.
An application shall not be deemed complete until a negative declaration
has been adopted, or until a draft environmental impact statement
has been accepted by the lead agency as per § 617.3(c) of
the regulations implementing SEQRA.[2]
[2]
Editor's Note: See 6 NYCRR 617.3.
J.
Public hearing. The Planning Board may hold a public hearing on the
site plan. Such hearing shall be held within 62 days of the Planning
Board's acceptance of a complete site plan application. The Planning
Board shall mail notice of said hearing to the applicant at least
10 days before said hearing and shall give public notice of said hearing
in a newspaper of general circulation in the Town at least five days
prior to the date thereof. Notice of such hearing shall be given by
the applicant to the owners of adjacent or surrounding properties
within 200 feet of the subject property and proof of such notice shall
be filed with the Board.
K.
Notice to Dutchess County Planning Department. At least 10 days before
such hearing, the Planning Board shall mail notices thereof to the
County Planning Department as required by § 239-m of the
General Municipal Law of the State of New York, which notice shall
be accompanied by a full statement of such proposed action as defined
therein. In the event a public hearing is not required, such proposed
action shall be referred before the final action is taken thereon.
L.
Site plan decision. The Planning Board shall render a decision within
62 days of the close of a public hearing, or within 62 days after
receipt of a complete site plan application if no public hearing is
held. The time within which the Planning Board must render its decision
may be extended by mutual consent of the applicant and the Planning
Board. The decision of the Planning Board shall be filed in the office
of the Town Clerk within five business days after such decision is
rendered, and a copy thereof mailed to the applicant. A copy of the
decision shall also be filed with the Zoning Enforcement Officer.
The Planning Board may approve, approved with modifications or disapprove
the site plan as follows:
(1)
Approve. Upon approval of the site plan and payment by the applicant
of all fees and reimbursable costs due to the Town, the Planning Board
shall endorse its approval on a copy of the site plan.
(2)
Approve with modifications. The Planning Board may approve the site
plan with modifications or conditions attached thereto. Upon a determination
that the modifications and conditions have been met, and after payment
by the applicant of all fees and reimbursable costs due the Town,
the Planning Board Chairman shall endorse the site plan by affixing
his signature thereto.
(3)
Disapprove. The Planning Board shall set forth its findings of disapproval
as part of the record of decision.
M.
Expiration. The approval of a site plan shall be effective for a
period of 18 months from the date of the resolution of Planning Board
approval. The Planning Board may extend the approval for a period
of time not to exceed six months, and the Planning Board may not grant
more than two extensions. Any request to extend approval of the site
plan shall be made no less than 31 days prior to the expiration of
approval.
N.
Amendment to approved site plan. An application for an amendment
to a previously approved site plan shall be acted upon in the same
manner as the application for approval of the original site plan.
The Planning Board shall consider the following criteria in
its decisionmaking:
A.
Location, arrangement, size, design and general compatibility of
buildings, lighting and signs with community character as defined
in the Town Comprehensive Plan and design standards set forth in this
Zoning Law.
B.
Consistency with the Town of Pine Plains Highway Specifications and
adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, sight distance
and traffic controls.
C.
Location, arrangement, appearance and adequacy of off-street parking
and loading.
D.
Adequacy and arrangement of pedestrian access and circulation, walkway
structures, control of intersections with vehicular traffic and overall
pedestrian convenience.
E.
All entrance and exit driveways shall be located with due consideration
for traffic flow so as to afford maximum safety to traffic on public
streets and shall be reviewed and approved by the appropriate state,
county, or local authority prior to the granting of site plan approval.
F.
Wherever practical, cross access between properties shall be provided
to reduce the number of curb cuts and limit the amount of traffic
on any arterial or collector road. The Planning Board may require
a site layout that facilitates future cross access in anticipation
of future adjoining development.
G.
Wherever practical, joint access to arterials or collector roads
shall be provided to limit conflicting turning movements, reduce traffic
congestion, reduce potential points of conflict between through and
turning traffic, and facilitate the control and separation of vehicles
and pedestrian movement. The Planning Board may require a site layout
that facilitates future joint access in anticipation of future adjoining
development.
H.
Adequacy of stormwater management. The site plan shall adhere to the requirements of § 275-42 of the Zoning Law.
I.
Adequacy of water supply and sewage disposal facilities.
J.
Adequacy, type and arrangement of existing or proposed trees, shrubs
and other landscaping constituting a visual screen or noise buffer.
K.
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 continuity. All landscaping within the site
shall be designed to facilitate conservation of the environment and
preservation of community aesthetic character through the use of native
plant material and the retention of existing natural vegetation.
L.
The preservation of mature plant species, hedgerows, wetlands, wildlife
corridors, and woodlots shall be encouraged and included as a design
element.
M.
Landscaping shall be used to create boundaries and transitions between
areas of differing development intensities as well as to separate
areas of incompatible land use.
N.
Solid waste facilities and containers, outdoor service areas, and
loading docks shall be screened from public view and from adjacent
residential properties.
O.
Adequacy of utilities. Newly installed utility service systems, and
service revisions shall be installed underground. When feasible, existing
above-ground utility service systems shall be placed underground.
P.
Adequacy of site accessibility, fire lanes and other emergency zones
and the provision of fire hydrants. All buildings shall be accessible
to emergency vehicles.
Q.
Location of and adequacy of measures to protect environmentally sensitive
areas.
R.
When projects involve the renovation/reuse of an existing building,
the Planning Board may require that the historic character and architectural
elements be maintained.
S.
Reasonable provision shall be made for extension of utilities to
adjoining properties, including installation of water gates and manholes
if necessary, and the granting and recording of easements as required.
T.
Compatibility with agricultural operations.
U.
Compatibility with the Town of Pine Plains Comprehensive Plan.
V.
Consistency with the Greenway Compact.
The site plan application and associated maps shall illustrate
proposed phases of development. Site plan approval shall be based
on the total planned project in order to assess all potential impacts
associated with the project. The Planning Board shall consider applications
incomplete where there is reason to believe the application applies
to only a segment of the total planned development. In such situations,
the Planning Board shall return such application to the applicant,
together with a letter stating the basis for its determination.
A.
Before the Planning Board may authorize a site plan containing residential
units, such site plan shall also show, when required, a park or parks
suitably located for playground or other recreational purposes.
B.
Land for park, playground or other recreational purposes may not
be required until the Planning Board has made a finding that a proper
case exists for requiring that a park or parks be suitably located
for playgrounds or other recreational purposes within the Town. Such
findings shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the Town based
on projected population growth to which the particular site plan will
contribute.
C.
In the event the Planning Board makes a finding pursuant to Subsection B of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited in a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
A.
General. Subsequent to the granting of site plan approval, no certificate
of occupancy shall be issued until all improvements shown on the site
plan are installed or a sufficient performance guarantee has been
provided by the applicant for infrastructure and improvements not
yet completed.
B.
Performance guarantee options. As an alternative to the installation
of required infrastructure and improvements, prior to approval by
the Planning Board, a performance bond or other security sufficient
to cover the full cost of the same, as estimated by the Planning Board,
shall be furnished to the Town by the applicant. Such security shall
be provided to the Town pursuant to the provisions of Subdivision
9 of § 277 of the New York State Town Law. The Planning
Board may designate the Town Engineer or other representative to estimate
the cost of the performance bond or security for review and consideration
by the Planning Board.
C.
Conditions.
(1)
The performance guarantee shall be to the Town and shall provide
that the applicant, his/her heirs, successors, assigns, or his/her
agent will comply with all applicable terms, conditions, provisions,
and requirements of this Zoning Law and will faithfully perform and
complete the work of constructing and installing such facilities or
improvements in accordance with the approved site plan.
(2)
Any such bond shall require the approval of the Town Board in consultation
with the Town Attorney as to form, sufficiency, manner of execution
and surety.
D.
Extension of time. The construction or installation of any improvements
or facilities, other than roads, for which a guarantee has been made
by the applicant in the form of a bond or certified check deposit,
shall be completed within one year from the date of approval of the
site plan. Road improvements shall be completed within two years from
the date of approval of the site plan. The applicant may request that
the Planning Board grant an extension of time to complete such improvements,
provided the applicant can show reasonable cause for inability to
perform said improvements within the required time. The extension
shall not exceed six months, at the end of which time the Town may
use as much of the bond or certified check deposit to construct the
improvements as necessary. The Planning Board may also grant the applicant
an extension of time whenever construction of improvements is not
performed in accordance with applicable standards and specifications.
E.
Schedule of improvements. When a certified check or performance bond
is issued pursuant to the preceding subsections, the Town and applicant
shall enter into a written agreement itemizing the schedule of improvements
in sequence with the cost opposite each phase of construction or installation,
provided that each cost as listed may be repaid to the applicant upon
completion and approval after inspection of such improvement or installation.
However, 10% of the check deposit or performance bond shall not be
repaid to the applicant until one year following the completion and
inspection by the Town of all construction and installation covered
by the check deposit or performance bond.
F.
Inspections. Prior to the Planning Board Chairman signing the site
plan, the applicant shall pay to the Town Clerk an inspection fee
escrow established by the Pine Plains Town Board. Inspections during
installation of improvements shall be made by the Town Engineer and/or
Zoning Enforcement Officer to ensure conformity with the approved
plans and specifications as contained in the contract and this Zoning
Law. The applicant shall notify the Town Engineer and Zoning Enforcement
Officer when each phase of improvements is ready for inspection. Upon
acceptable inspection and final completion of installation and improvement,
the Planning Board shall issue a letter to the applicant or his/her
representative that provides sufficient evidence for the release by
the Town of the portion of the performance bond or certified check
deposit as designated in the contract to cover the cost of such completed
work.
G.
Phased development. The Planning Board may further request, subject
to Town Board approval, that the applicant deposit a separate performance
bond or certified check for each phase of development proposed. In
this event, 5% of the check deposit or performance bond shall be withheld
from the applicant until 60 days following the completion, inspection,
and acceptance by the Town of all construction and installation covered
by such deposit. The Planning Board shall specify in its approval
of a phased site plan development those portions of the public and
private infrastructure and improvements of each phase which must be
completed prior to the undertaking of development of the next phase.
No new phase of development shall be commenced until the specified
public and private infrastructure and improvements of such earlier
phase has been approved by the Town Engineer and Zoning Enforcement
Officer. Where phases overlap and/or are nonsequential, the Planning
Board shall assure that bonding, where appropriate, is in place for
each open phase, and that the required sequencing of infrastructure
improvements takes place.
H.
Termination of approval. In cases of site plan approvals for which
no guarantee of completion of site plan improvements has been required
by the Planning Board, the approval shall expire if construction is
not completed within 18 months of approval.
Failure by any applicant to comply with all conditions of a
site plan approval shall result, after notice and hearing, in revocation
of such site plan approval and any building permit and certificate
of occupancy issued as a result of such site plan approval. If the
Zoning Enforcement Officer determines that the site is not being maintained
in accordance with the site plan, he shall order the same to be corrected
within 10 days of the date of his order. Should noncompliance continue,
the Zoning Enforcement Officer may recommend revocation of site plan
approval by the Planning Board. Upon receipt thereof, the Planning
Board shall notify the owner of said premises by written notice. Such
notice shall specify the time, date and place of said hearing and
the ground upon which revocation has been recommended. After hearing
all competent evidence, it shall render a decision.
