The intent of site plan review is to evaluate specified land
uses in terms of their suitability to natural site conditions, their
compatibility with surrounding land uses and their conformance with
overall plans for this community, thus minimizing possible adverse
effects on the health, safety and welfare of local residents.
All applications for building permits shall be accompanied by
an approved site plan except for the following: a single- or two-family
dwelling on an individual lot, including its permitted accessory uses,
general farming use and additions not exceeding 25% of the square
footage of the existing structure.
The Town Planning Board is hereby authorized to review and to
recommend to the Town Board approval, approval with modification or
disapproval of site plans prepared in accordance with such standards
as are duly adopted by the Planning Board.
[Added 12-3-2007 by L.L.
No. 9-2007]
The requirements of the Town of Alden Law to Prohibit Illicit
Discharges, Activities and Connections to Separate Storm Sewer System[1] and the Town of Alden Stormwater Management and Erosion
and Sediment Control Law[2] of the Alden Town Code must be followed. Whenever the
requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
A.
Sketch plan.
(1)
A sketch plan conference shall 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 proposal prior to the preparation
of a detailed site plan and prior to incurring design costs; and for
the Planning Board to review the basic site design concept, advise
the applicant as to potential problems and concerns and to generally
determine the information to be required on the site plan.
(2)
In order to accomplish these objectives, the applicant shall provide
sketches of the proposed development, together with an area map showing
applicant's entire holding, that portion of the applicant's
property under consideration and all properties, their ownership,
uses, subdivisions, streets, zoning districts and adjacent buildings
within 500 feet of the applicant's property.
B.
Site plan. An application for site plan review shall be made in writing
to the Building Department and shall be accompanied by the following
drawings, documents and information to be prepared by a qualified
professional engineer, architect, planner or surveyor, as appropriate;
and as determined necessary by the Planning Board:
(1)
The title of the drawing, name of the development, name of the applicant,
name and seal of the person preparing drawing, North point, scale
and date, to be included on all drawings.
(2)
Boundary survey.
(3)
Topographical survey based on United States Geological Survey datum
to extend a reasonable distance beyond the site.
(4)
Location and dimensions of existing and proposed easements.
(5)
Existing natural features such as watercourses, water bodies, wetlands,
wooded areas, individual large trees and flood hazard areas. Features
to be retained in the development should be indicated.
(6)
Soil characteristics, regarding capabilities and/or limitations for
development.
(7)
Location and design of all existing on-site or nearby improvements,
including drains, culverts, waterlines, sewers, gas and electric lines
and poles, bridges, retaining walls and fences.
(8)
Location and design of proposed utilities, including water, sanitary
and storm sewer systems.
(9)
Location and design of all streets, parking and service areas, access
drives, bicycle and pedestrian ways, within and immediately adjoining
the site.
(10)
Location with setbacks, size and height of proposed buildings
and structures, including first floor elevation.
(11)
Location and proposed development of all open space, including
parks, playgrounds, screen planting and other landscaping.
(12)
Location, size and design of all proposed signs and lighting
facilities.
(13)
Location of outdoor storage, if any, including dumpster and
compactor enclosures.
(14)
Location and design of all energy distribution facilities, including
electrical, gas and solar energy.
(15)
Grading and drainage plan, including calculations, showing existing
and proposed contours at intervals not more than 2.5 feet.
(16)
General landscaping plan and planting schedule.
(17)
Detailed sizing, typical cross sections, profiles and final
material specifications of all required improvements.
(18)
Preliminary architectural drawings.
(19)
Conformance to any approved federal, state and county plans.
(20)
Lines and dimensions of all property which is offered or to
be offered for dedication for public use, with the purpose indicated
thereon, and of all property that is proposed to be reserved by deed
covenant for the common use of the property owners of the development.
(21)
Record of application for and status of all necessary permits
from other governmental bodies.
(22)
Record of all required performance bonds, any proposed easements,
restrictions, covenants and provision for homeowners' associations
and common ownerships.
(23)
An estimated project construction schedule.
(24)
Other elements integral to the proposed development as considered
necessary by the Planning Board.
(25)
Stormwater pollution prevention plan. A stormwater pollution
prevention plan consistent with the requirements of the Stormwater
Management and Erosion and Sediment Control Law[1] shall be required for site plan approval. The SWPPP shall
meet the performance and design criteria and standards of the Stormwater
Management and Erosion and Sediment Control Law. The approved site
plan shall be consistent with the provisions of the Stormwater Management
and Erosion and Sediment Control Law.
[Added 12-3-2007 by L.L.
No. 9-2007]
C.
Referrals. The Building Department shall refer the site plan to the
municipal engineer and, as deemed necessary, to all other officials
and agencies for their review and recommendations.
D.
Public hearing. The Planning Board may conduct a public hearing on
the site plan if considered desirable by the majority of its members.
E.
County referral. Prior to taking action on the site plan, the Planning
Board shall refer the plan to the County Planning Board for advisory
review and a report in accordance with §§ 239-l and
239-m of the General Municipal Law.
The Planning Board's review of the site plan shall include,
as appropriate, but is not limited to the following considerations:
A.
Zoning compliance and compatibility with the Master Plan.
B.
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
C.
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
D.
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
E.
Adequacy of stormwater and drainage facilities. Adequacy of water
supply and sewage disposal facilities.
F.
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.
G.
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
H.
Special attention to the adequacy and impact of structures, roadways
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
I.
Overall impact on the neighborhood, including compatibility of design
considerations.
Within 45 days of receipt of the complete application for site
plan approval, the Planning Board shall render its recommendation
to the Town Board for approval, conditional approval or disapproval.
This time period may be extended by mutual consent of the applicant
and the Planning Board.
Within 62 days of receipt of the site plan, complete with the
Planning Board's recommendations, the Town Board shall render
a decision of approval, conditional approval or disapproval.
A.
Approval. Upon approval, the Town Board shall endorse its approval
on a copy of the site plan and shall within five business days 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.
B.
Conditional approval.
[Amended 3-20-1995 by L.L. No. 1-1995]
(1)
The Town Board may conditionally approve the site plan. Upon demonstration
by the applicant that all conditions have been met, the Town Board
shall endorse its approval on a copy of the site plan and shall within
five business days 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)
The Town Board may include as a condition of the site plan approval
a requirement that the applicant owner or developer apply for a building
permit within six months of Town Board approval and commence construction
within 12 months of the Town Board approval, and in the event that
the applicant owner or developer shall not so comply with this condition,
then the site plan approval shall become void.
C.
Disapproval. Upon disapproval of the site plan the decision of the
Town Board shall within five business days be filed with the Town
Clerk and a copy thereof mailed to the applicant.
An application for site plan review shall be accompanied by
a fee in an amount as determined by the Town Board.
Costs incurred by the Planning Board or the Town Board for consultation
fees or other extraordinary expense in connection with the review
of a proposed site plan shall be charged to the applicant.
A.
No certificate of occupancy shall be issued until all improvements
shown on the site plan are installed or a sufficient performance guaranty
has been posted for improvements not yet completed.
B.
The Building Department shall be responsible for the overall inspection
of site improvements, including coordination with other officials
and agencies, as appropriate.
C.
The applicant shall provide a map satisfactory to the Building Department
indicating locations of monuments marking all underground utilities
as actually installed. No performance bonds shall be released nor
certificates of occupancy issued until such map is provided by developer.
