[HISTORY: Adopted by the Town Board of the
Town of North Greenbush 7-28-1981 by L.L. No. 3-1981 (Ch. 97A of the
1981 Code); amended in its entirety 7-14-2016 by L.L. No. 4-2016. Subsequent amendments
noted where applicable.]
A.
The Town of North Greenbush has heretofore granted the Planning Board of the Town of North Greenbush the authority and the power to approve land subdivisions within the Town as part of a plan for the orderly, efficient and economical development of the Town. In order to further protect and promote the public health, safety, morals, comfort, convenience, economy, aesthetics and general welfare, the Town Board declares that the issuing of building permits for construction in major residential subdivisions, as such subdivisions are defined in Chapter 163, Subdivision of Land; of condominiums, as the same are contemplated within Article 9-B of the New York State Real Property Law; any nonresidential use granted a use variance by the Zoning Board of Appeals in the AR, R1, R2, R3 or R4 Zoning Districts; and any use in the following Zoning Districts of the Town shall require site plan review and approval by the Planning Board:
(1)
BN Neighborhood Business.
(2)
BG General Business.
(3)
R4 Residence, Multiple.
(4)
PBD Professional Business.
(5)
H Hamlet.
(6)
C Commercial.
(7)
TP Technology Park.
(8)
PWDD Planned Waterfront Development.
(9)
PDD Planned Development.
(10)
SC Senior Citizens Housing.
(11)
NP Natural Products Extraction.
(12)
IG Industrial.
(13)
T Transportation Corridor Overlay.
B.
Site plan review shall also be required for construction of buildings
to be occupied or used by governmental, institutional, fraternal and
religious organizations, no matter where located.
C.
In any zoning district, except where applicable design guidelines
are enforced, buildings used for agricultural purposes, individual
single-family residences or single-family residences in a minor subdivision
shall be exempt from this requirement.
This chapter shall be known as the "Site Plan Review Law of
the Town of North Greenbush."
A.
Prior to the issuance of a building permit, site plan approval shall
be required. Any amendment of a previously approved site plan shall
be subject to approval by the Planning Board pursuant to the same
procedure as that applicable to the original site plan. No certificates
of occupancy shall be issued for any building or use of land within
the purview of this section unless the building is constructed or
used, or the site is developed or used, in conformity with an approved
site plan.
B.
Exceptions. Only the following shall be exempted from 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 proposal 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 to generally determine the information to be required
on the site plan. In order to accomplish these objectives, the applicant
should provide the following:
A.
A statement and sketch plan showing the locations and dimensions
of principal and accessory structures, parking areas, access signs
(with descriptions), existing and proposed vegetation and other planned
features; and anticipated changes in the existing topography and natural
features.
B.
A map of the area which clearly shows the location of the site with
respect to nearby street rights-of-way, properties, easements and
other pertinent features.
C.
A topographic or contour map of adequate scale and detail to show
site topography.
An application for site plan approval shall be made in writing
to the Chairman of the Planning Board and shall be accompanied by
information contained on the following checklist. Where the sketch
plan conference was held, the accompanying information shall be drawn
from the following checklist as determined by the Planning Board at
said sketch plan conference. The site plan checklist is as follows:
A.
Title of drawing, including the name and address of the applicant
and the person responsible for the preparation of such drawing.
B.
North arrow, scale and date.
C.
Boundaries of the property plotted to scale.
D.
Existing watercourses.
E.
Grading and drainage plan, showing existing and proposed contours.
F.
Location, design, type of construction, proposed use and exterior
dimensions of all buildings.
G.
Location, design and type of construction of all parking and truck
loading areas, showing access and egress.
H.
Provision for pedestrian access.
I.
Location of outdoor storage, if any, and location of storage of all
toxic and hazardous and/or flammable materials.
J.
Location, design and construction materials of all existing or proposed
site improvements, including drains, culverts, retaining walls and
fences.
K.
Description of the method of sewage disposal and the location, design
and construction materials of such facilities.
L.
Description of the method of securing public water and the location,
design and construction materials of such facilities.
M.
Location of fire and other emergency zones, including the location
of fire hydrants.
N.
Location, design and construction materials of all energy distribution
facilities, including electrical, gas and renewable energy.
O.
Location, size and design and type of construction of all proposed
signs.
P.
Location and proposed development of all buffer areas, including
existing vegetative cover.
Q.
Location and design of outdoor lighting facilities.
R.
Identification of the location and amount of building area proposed
for retail sales or similar commercial activity.
S.
General landscaping plan and planting schedule.
T.
An estimated project construction schedule.
U.
Identification of any federal, state or county permits required for
the project's execution.
V.
Record of application for and approval status of all necessary permits
from federal, state and county officials.
W.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with Chapter 165, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance, design criteria and standards set forth in Chapter 165. The approved site plan shall be consistent with the provisions of Chapter 165.
X.
Other elements integral to the proposed development as considered
necessary by the Planning Board.
The Planning Board's review of the site plan shall include,
as appropriate, but is not limited to, the following general considerations:
A.
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
B.
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
C.
Location, arrangement appearance and sufficiency 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.
Adequacy of stormwater and drainage facilities.
F.
Adequacy of water supply and sewage disposal facilities.
G.
Adequacy, type and arrangement of trees, shrubs and landscaping constituting
a visual and/or noise buffer between the applicant's and adjoining
lands, including the maximum retention of existing vegetation.
H.
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
I.
Adequacy of indoor and outdoor storage of all toxic, hazardous and/or
flammable materials.
J.
Special attention to the adequacy and impact of structures, roadways
and landscaping in areas with susceptibility to ponding, flooding
and/or eroding.
K.
Other elements integral to the proposed development as considered
appropriate by the Planning Board.
A.
The following guidelines shall apply to the Commercial District (C)
and shall be followed in reviewing site plans and may only be modified
by the Planning Board as set forth below. In certain cases it is recognized
that the particular character of individual sites may preclude the
application of certain design guidelines. Therefore, the Planning
Board may modify the following guidelines where it finds that such
modification is warranted. Circumstances that shall warrant modification
of the guidelines may include, but not be limited to: physical constraints
such as the location of existing buildings or changes in grade between
adjacent properties; excessive cost; or failure to obtain an agreement
or permit that is required for the implementation of the guidelines.
In reviewing any proposed modification, the Planning Board shall consider
whether granting the modification will be consistent with the purposes
of this chapter (including the relevant portions of the Zoning Law
applicable to this district), locally adopted plans, and the following
principals.
(1)
The general design and character of the proposal is in harmony
with the neighboring properties in the district.
(2)
The scale of the proposal in relation to the site and neighboring
properties.
(3)
The similarity of building materials and their color and texture
in relation to those found in the surrounding district.
(4)
The visual compatibility of the proposal with surrounding properties,
including height, setbacks, roof shape, window and door arrangements,
and the orientation of the building in relation to the street.
B.
Parking lot landscaping requirements. The required landscaping for
parking lots shall be more or less evenly distributed throughout the
parking lot, although adjustments may be approved by the Planning
Board reviewing the landscape plan, where shape or size of the parking
lot, the location of existing trees, or other natural constraints
reasonably prevent such distribution.
D.
Building architecture:
(1)
Building facades that face public streets or, in the discretion
of Planning Board, are visible from adjacent development shall be
subdivided and proportioned using features such as windows, entrances,
arcades, arbors, awnings, trellises or similar features across no
less than 60% of the facade, calculated on an area basis.
(2)
All buildings shall be constructed or clad with materials that
are durable, economically maintained, and of a quality that will maintain
their appearance over time, including but not limited to natural or
synthetic stone; brick; integrally colored, textured or glazed concrete
masonry units; high quality pre-stressed concrete systems or glass.
(3)
Color schemes shall tie buildings together and relate buildings
to one another. Intense, bright, black or fluorescent colors shall
be used sparingly and shall not be the primary color on any building.
(4)
Buildings shall generally show variations in materials, form
and colors.
(5)
The Planning Board may take into consideration a site plan layout,
or potential future layout, of buildings and other characteristics
of adjoining parcels.
(6)
Flat roofs are discouraged. Articulated rooflines are encouraged.
Where flat roofs are proposed, parapets, mansard screens or other
methods shall be used to hide mechanical equipment.
E.
Circulation. Connection to adjoining properties is encouraged wherever
practical. Shared driveways are encouraged wherever practical.
F.
Public transit. In the discretion of Planning Board, public transit
shelters are to be provided. The Planning Board shall encourage the
use of transit by evaluating the location of commercial buildings
and the location of public transit shelters and considering the incorporation
of direct pedestrian connections between transit stops and commercial
establishments.
G.
Signage. In addition to conforming to the signage requirements of
the Town of North Greenbush Code, signage shall be integrated into
the overall design of the building(s). Signs shall be located to complement
the architectural features of a building, such as above the building
entrance, storefront opening or other similar feature.
H.
Grading. Grading shall be limited to the minimum necessary to accomplish
site construction. Significant raising or lowering of natural grades
is strongly discouraged. The use of retaining walls and slopes in
excess of 3:1 grade shall be limited to that necessary to accomplish
construction objectives. Railroad ties and gabion walls are prohibited.
I.
Pedestrian walkways. Where multiple buildings are located within
a shopping center, the pads should be connected by pedestrian walkways.
When pads are separated, the areas between them shall be landscaped,
accessible to pedestrians and include pedestrian seating areas or
similar features.
J.
Lighting. Parking lot or other lighting shall not spill over into
adjoining properties.
A.
The following guidelines apply to the General Business District (BG)
and shall be followed in reviewing site plans and may only be modified
by the Planning Board as set forth below. In certain cases it is recognized
that the particular character of individual sites may preclude the
application of certain design guidelines. Therefore, the Planning
Board may modify the following guidelines where it finds that such
modification is warranted. Circumstances that shall warrant modification
of the guidelines may include, but not be limited to: physical constraints
such as the location of existing buildings or changes in grade between
adjacent properties; excessive cost; or failure to obtain an agreement
or permit that is required for the implementation of the guidelines.
Proof of a failure to obtain an agreement or permit shall be provided
by the applicant to the Planning Board. In reviewing any proposed
modification, the Planning Board shall consider whether granting the
modification will be consistent with the purposes of this chapter
(including the relevant portions of the Zoning Law applicable to this
district), locally adopted plans, and the following principals.
(1)
The general design and character of the proposal is in harmony
with the neighboring properties in the district.
(2)
The scale of the proposal in relation to the site and neighboring
properties.
(3)
The similarity of building materials and their color and texture
in relation to those found in the surrounding district.
(4)
The visual compatibility of the proposal with surrounding properties,
including height, setbacks, roof shape, window and door arrangements,
and the orientation of the building in relation to the street.
B.
Parking orientation. Parking blocks shall be oriented to buildings
so that pedestrians move down rather than across rows.
C.
Lighting. Parking lot lights may not exceed 20 feet in height. All
lights, whether pole or building mounted, shall be shielded such that
light is directed downwards. Parking lot or other lighting shall not
spill over into adjoining properties.
D.
Screening. All mechanical equipment, waste collection and electrical
transformer areas shall be screened from view through the use of fencing
or landscaping.
E.
Building architecture:
(1)
Building facades that face public streets or, in the discretion
of the Planning Board, facing adjacent development shall be subdivided
and proportioned using features such as windows, entrances, arcades,
arbors, awnings, trellises or similar features across no less than
60% of the facade on an area basis.
(2)
All buildings shall be constructed or clad with materials that
are durable, economically maintained, and of a quality that will maintain
their appearance over time, including but not limited to natural or
synthetic stone; brick; integrally colored, textured or glazed concrete
masonry units; high quality prestressed concrete systems or glass.
(3)
Color schemes shall tie buildings together and relate buildings
to one another. Intense, bright, black or fluorescent colors shall
be used sparingly and shall not be the primary color on any building.
(4)
Blank walls are prohibited. Buildings with a single, dominant
mass are prohibited. Buildings shall generally show variations in
materials, form and colors.
(5)
Flat roofs are discouraged. Articulated rooflines are encouraged.
Where flat roofs are proposed, parapets, mansard screens or other
methods shall be used to hide mechanical equipment.
(6)
In reviewing a site plan, the Planning Board, in its discretion,
may take into consideration the layout, or potential future layout,
of buildings on adjoining parcels and other characteristics of the
adjoining parcel.
F.
Circulation. Connection to adjoining properties is encouraged wherever
practical. Shared driveways are encouraged wherever practical.
G.
Public transit. In the discretion of Planning Board, public transit
shelters are to be provided. The Planning Board shall encourage the
use of transit by evaluating the location of commercial buildings
and the location of public transit shelters and considering the incorporation
of direct pedestrian connections between transit stops and commercial
establishments.
H.
Signage. In addition to conforming to the signage requirements of
the Town of North Greenbush Code, signage shall be integrated into
the overall design of the building(s). Signs shall be located to complement
the architectural features of a building, such as above the building
entrance, storefront opening or other similar feature.
I.
Grading. Grading shall be limited to the minimum necessary to accomplish
site construction. Significant raising or lowering of natural grades
is strongly discouraged. The use of retaining walls and slopes in
excess of 3:1 grade shall be limited to that necessary to accomplish
construction objectives. Railroad ties and gabion walls are prohibited.
J.
Connection to adjoining properties is encouraged wherever practical.
A.
The Main Avenue Design Guidelines are hereto attached to this chapter, titled "The Town of North Greenbush Main Avenue and Route 4 Design Guidelines."
A.
The Route 4 Design Guidelines are hereto attached to this chapter, titled "The Town of North Greenbush Main Avenue and Route 4 Design Guidelines."
Development shall adhere to the following best management practices
for drainage and erosion control:
A.
Natural ground contours should be followed as closely as possible.
B.
Areas of steep slopes, where high cuts and fills may be required,
should be avoided.
C.
Extreme care should be exercised in areas adjacent to natural watercourses
and in locating artificial drainageways so that their final gradient
and resultant discharge velocity will not create additional erosion
problems.
D.
Natural protective vegetation should remain undisturbed if at all
possible.
E.
The amount of time that disturbed ground surfaces are exposed to
the energy of rainfall and runoff water should be limited.
F.
The velocity of the runoff water on all areas subject to erosion
should be reduced below that necessary to erode the materials.
G.
A ground cover should be applied sufficiently to restrain erosion
on that portion of the disturbed area undergoing no further active
disturbance.
H.
Runoff from a site should be collected and detained in sediment basins
to trap pollutants which would otherwise be transported from the site.
I.
The angle for graded slopes and fills should be limited to an angle
no greater than that which can be retained by vegetative cover. Other
erosion control devices or structures should only be used where vegetation
is not sufficient to control erosion.
J.
The length as well as the angle of graded slopes should be minimized
to reduce the erosive velocity of runoff water.
A.
Within 45 days after the receipt of an application for site plan
approval, the Planning Board shall hold a public hearing, which hearing
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing.
B.
Within 45 days after the date of such hearing, the Planning Board
shall render a decision, file said decision with the Town Clerk and
mail such decision to the applicant, with a copy to the Building Director
or his designee. The time within which a decision must be rendered
may be extended by mutual consent of the applicant and the Planning
Board.
C.
Upon approval of the site plan and payment by the applicant of all
fees and reimbursable costs due the Town, the Planning Board shall
provide copy of the final site plan stamped and signed with a copy
of the Planning Board resolution to the applicant and Building Department
Coordinator or his designee and shall file the same with the Town
Clerk.
D.
Upon disapproval of a site plan, the Planning Board shall so inform
the Building Director or his designee, and the Building Director or
his designee shall deny a building permit to the applicant in writing
of its decision and its reasons for disapproval. Such disapproval
shall be filed with the Town Clerk.
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. The sufficiency
of such performance guaranty shall be determined by the Town Board
after consultations with the Planning Board, Town Attorney, Building
Director or his designee and other appropriate parties.
The Building Director or his representative shall be responsible
for the overall inspection of site improvements, including coordination
with the Planning Board and other officials and agencies, as appropriate.
Whenever the particular circumstances of the proposed development
require compliance with the Town's Zoning Law, land subdivision
regulations or other requirements of the Town, the Planning Board
shall attempt to integrate, as appropriate, site plan review as required
by this chapter with the procedural and submission requirements for
such other compliance.
