This section shall be known as the "Town of Waterford Site Plan
Review Law." The Town of Waterford is hereinafter referred to as the
"Town."
A.
Through site plan review, it is the intent of this chapter to promote
the health, safety, and general welfare of the Town. A clean, wholesome,
attractive environment is declared to be of importance to the health
and safety of the inhabitants of the Town, and, in addition, such
an environment is deemed essential to the maintenance and continued
development of the economy of the Town and the general welfare of
its inhabitants.
B.
It is further the intent of this chapter to ensure the optimum overall
conservation, protection, preservation, development and use of the
natural and man-related resources of the Town by regulating land use
activity within the Town through review and approval of site plans.
C.
It is further the intent of this chapter to ensure new land uses
in the Town address and are consistent with the Town of Waterford
Comprehensive Plan.
D.
It is not the intent of this chapter to prohibit, per se, any land use activity, but to allow all land use activities permitted by the Town of Waterford Zoning Law (Chapter 161 of this Code) and which will meet the standards set forth in this chapter.
E.
Where a proposed site plan contains one or more features which do
not comply with the zoning regulations, applications may be made to
the Zoning Board of Appeals for an area variance pursuant to § 267-b
of New York State Town Law, without the necessity of a decision or
determination of the Building Inspector.
The Planning Board is hereby authorized to review and approve,
approve with modifications, or disapprove site plans for land uses
within the Town, as hereinafter designated, pursuant to and in accordance
with the standards and procedures set forth in this chapter.
A.
Applicability or review requirements. All new land use activities
within the Town shall require site plan review and approval before
being undertaken, except the following:
(1)
Landscaping or grading which is not intended to be used in connection
with land use reviewable under the provisions of this chapter.
(2)
Construction of one- or two-family dwellings and ordinary accessory
structures, and related land use activities.
(3)
Ordinary repair or maintenance 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%.
(5)
Interior alterations that do not change the nature or use of an existing
commercial structure.
(6)
Any change in use which does not require the issuance of a certificate
of occupancy pursuant to the Town and the New York State Uniform Building
and Fire Code.
(7)
Temporary garage and lawn sales that are in operation for no more
than 15 days per year.
B.
Effect on existing uses. This chapter does not apply to uses and
structures which are lawfully in existence as of the date this chapter,
or for any subsequent amendments to this chapter, becomes effective.
Any use which would otherwise be subject to this chapter that has
been discontinued for a period of two years or more shall be subject
to review pursuant to the terms of this chapter before such use it
resumed. Any use or structure shall be considered to be in existence
provided that the same has been substantially commenced as of the
effective date of this chapter and fully constructed and completed
within one year from the effective date of this chapter.
C.
Relationship of this chapter to other laws and regulations. This
chapter in no way affects the provisions or requirements of any other
federal, state, or local law or regulations. Where this chapter is
in conflict with any other such law or regulation, the more restrictive
shall apply.
D.
Any person uncertain of the applicability of this chapter to a given
land use shall apply, in writing, to the Town of Waterford Zoning
Board of Appeals for an interpretation of this chapter.
A.
FAMILY
LAND USE ACTIVITY
ONE-FAMILY DWELLING
SHORELINE
STRUCTURE
STRUCTURE, ACCESSORY
TWO-FAMILY DWELLING
As used in this chapter, the following terms shall have the meanings
indicated:
One or more persons who live together as a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boardinghouse, lodging house, club, fraternity, or hotel.
A family may consist of a single person or of two or more persons,
whether or not related by blood, marriage, or adoption. A family may
also include domestic servants and gratuitous guests. A person or
persons related to each other by blood, marriage, or adoption (and/or
not more than three individuals not so related) living together as
a single housekeeping unit.
Any construction or other activity which changes the use
or appearance of land or a structure or the intensity of use of land
or a structure. "Land use activity" shall explicitly include, but
not be limited to, the following: new structures, expansions to existing
structures, new uses, changes in or expansions of existing uses, roads,
driveways, and excavations for the purpose of extracting soil or mineral
deposits.
A detached building containing a complete self-contained
residential unit for permanent habitation by one family only, containing
one or more rooms and facilities for living, including cooking, sleeping
and sanitary needs.
The high-water mark of any lake, pond, river, or permanent
stream.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. Any object constructed, installed or placed on land
to facilitate land use and development or subdivision of land, such
as buildings, sheds, signs, tanks and fixtures and additions and alterations
thereto.
A detached subordinate building on a lot, the use of which
is customarily incidental to that of the main or principal building,
such as, but not limited to, playhouses, pool houses, cabanas, and
garages. Any structure designed to accommodate an accessory use but
detached from the principal structure, such as a freestanding garage
for vehicles accessory to the principal use, a storage shed, garden
house or similar facility.
A detached structure containing two complete, but separate
dwelling units, each for habitation by one family only in a single
structure having a common roof, wall or ceiling and containing separate
rooms and facilities for living, including cooking, sleeping and sanitary
needs.
Prior to undertaking any new land use activity, except for a one- or two-family dwelling and other uses specifically excepted in § 161-84A of this chapter, a site plan approval by the Planning Board is required. Applicants for site plan approval shall follow the recommended procedures related to the sketch plan conference as hereinafter set forth per this chapter. Applicants must comply with all other procedures and requirements of this chapter.
A.
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 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.
B.
In order to accomplish these objectives, the applicant shall provide
the following:
(1)
A statement and rough sketch showing the locations and dimensions
of principal and accessory structures, parking areas, access signs
(with descriptions), existing and proposed vegetation and other planned
features; anticipated changes in the existing topography and natural
features; and, where applicable, measures and features to comply with
zoning, wetland, flood hazard and flood insurance regulations.
(2)
An area map 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.
(3)
A topographic or contour map of adequate scale and detail to show
site topography. The Planning Board shall have the discretion to waive
the provision of a topographical map in the event that the applicant
shows that the contour of the parcel does not impact the project in
any manner.
C.
At the sketch plan conference, the Planning Board will review and determine if the proposal is in conformity with the Town of Waterford Zoning Law (this Chapter 161), is consistent with the Comprehensive Plan, and identify any issues and concerns. The Planning Board shall also review with the applicant submission requirements to determine what specific information is to be presented with the site plan application and what general time frames are applicable for SEQRA[1] and the site plan review process.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
A.
Subsequent to the sketch plan conference, 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 as determined necessary by the Planning Board at said sketch
plan conference. Seven copies of the application shall be submitted.
All applications for site plan review must be submitted to the Planning
Board at least 10 days prior to the Planning Board's regular meeting.
B.
Site plan checklist. The following shall be required with the application
for site plan approval.
(1)
The title of the drawing, including the names and addresses of the
applicant and person responsible for preparation of such drawing.
(2)
The North arrow, scale, and date.
(3)
The boundaries of the property, plotted to scale, and identification
of the zoning district within which the proposed project is located.
It shall further identify if the project is located within the Waterfront
Overlay and LWRP boundary.
(4)
Locations of existing buildings and structures, including, but not
limited to utilities such as sewer and water pipes or connections.
(5)
A grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses. If a stormwater pollution prevention plan (SWPPP) is required pursuant to § 161-88.1, other requirements of the Town of Waterford Code and/or the New York State Department of Environmental Conservation, then the site plan application shall include such plan.
(6)
The location, design, type of construction, proposed use, and exterior
dimensions of all buildings.
(7)
The location, design, and type of construction of all parking and
truck-loading areas, showing access, ingress, and egress.
(8)
Provisions for pedestrian access, including connection to existing
sidewalks or trails.
(9)
The location of outdoor storage, and structures, such as solid waste
disposal, hazardous material storage, bulk storage, or other storage
needed on-site, if any.
(10)
The location, design, and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
(11)
A description of the method of sewage disposal and location,
design, and construction materials of such facilities.
(12)
A description of the method of securing public water and locations,
designs, and construction materials of such facilities.
(13)
The locations of fire and other emergency zones, including the
locations of fire hydrants.
(14)
The locations, designs, and construction materials of all energy
distribution facilities, including electrical, gas and solar or other
renewable energy.
(15)
The locations, sizes and designs and types of construction of
all proposed signs.
(16)
The locations and proposed development and management of all
buffer areas, including and existing vegetative cover.
(17)
The locations and designs of existing and proposed outdoor lighting
facilities. The Planning Board may require a lighting plan to be submitted.
(18)
An identification of the locations and amounts of building area
proposed for retail sales or similar commercial activity.
(19)
A general landscaping plan and planting schedule.
(20)
An estimated project construction schedule.
(21)
Identification of any and a record of application for and status
of all necessary permits from other governmental bodies required for
the project's full execution and completion.
(22)
An identification of any permit from other governmental bodies
required for the project's execution.
(23)
Identification of ownership of all adjacent lands as shown on
the latest tax records. The Planning Board may also require identification
of other pertinent features within 500 feet of the applicant's property,
such as but not limited to residences, commercial structures, sensitive
environmental features, or utilities.
(24)
State Environmental Quality Review (SEQR) Environmental Assessment
Form (EAF) Part I.
(25)
A description of the existing conditions and uses of the shoreline
and waterfront, if the parcel is located along the Hudson or Mohawk
Rivers or any of the canals in Waterford, and how the proposed project
will maintain or enhance those resources.
(26)
Identification of whether the parcel is within any National
or State Register historic district, contains any historic structures
listed or eligible for listing on the National or State Register of
Historic Places, and how the proposed project will maintain or enhance
those resources.
(27)
If, upon a review of the materials submitted by the applicant,
the Planning Board determines that a proposed project could have traffic
or visual impacts, the Planning Board may require the applicant to
prepare and submit a traffic impact analysis and a visual impact assessment.
Costs for all reports, assessments, or plans required by the Planning
Board shall be borne by the applicant.
(a)
Traffic report. Traffic reports shall be prepared by a registered
professional engineer or other qualified professional and include
the following for the study area:
[1]
Internal traffic flow analysis.
[2]
Existing and projected average daily traffic and peak hour levels.
[3]
Existing and projected intersection levels of service (LOS).
[4]
Directional vehicular flows resulting from the proposed project.
[5]
Proposed methods to mitigate the estimated traffic impact.
[6]
Identification of any pedestrian crossing issues.
[7]
The methodology and sources used to derive existing data and
estimations.
(b)
Visual impact report. The visual impact assessment shall be
prepared by a registered landscape architect or other qualified professional
and shall include:
[1]
A report that visually illustrates and evaluates the relationship
of proposed new structures or alterations to nearby natural landscapes
and to preexisting structures in terms of visual character and intensity/scale
of use (e.g., scale, materials, colors, door and window sizes and
locations, setbacks, roof- and cornice lines, and other major design
elements).
[2]
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 gradient changes.
[3]
The Planning Board may require use of photo simulations or balloon
tests as part of the visual impact assessment.
(28)
Any other elements integral to the proposed development as may
be considered necessary in the particular case by the Planning Board.
A stormwater pollution prevention plan consistent with the requirements of Chapter 142, Stormwater Management and Erosion and Sediment Control, and Chapter 161, Zoning, Article XI, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 161, Zoning, Article XI. The approved site plan shall be consistent with the provisions of Chapter 142, Stormwater Management and Erosion and Sediment Control, and Chapter 161, Zoning, Article XI.
A.
An application for site plan review shall be accompanied by a fee
as established by the Town Board.
B.
Costs incurred by the Planning Board for consultation fees or other
extraordinary expenses in connection with the review of a proposed
site plan shall be charged to the applicant. The Planning Board may
also incur other expenses in order to properly review documents or
conduct special studies in connection with the proposed application,
including but not limited to the reasonable costs incurred for private
consultation fees, fees for technical and engineering services, legal
fees, or other expenses in connection with the review of a special
use permit application. All fees shall be established by the Planning
Board and charged to the applicant. The Planning Board shall make
a reasonable estimate of the amount of expenses that it expects to
incur during the course of each application for a special use permit.
The amount so determined shall be deposited by the applicant in an
escrow account established with the Town Clerk prior to commencing
any review of the application. If the amount that is deposited is
exhausted or diminished to the point that the Planning Board determines
that the remaining amount will not be sufficient to complete the review
of the application, then the Planning Board shall notify the applicant
of the additional amount that must be deposited with the Town Clerk.
If the applicant fails to replenish the escrow account or there are
unpaid amounts for which the applicant is responsible, the Planning
Board, in its discretion, may cease review of the application until
such amounts are paid or deny the application. In no event, however,
shall any special use permit be approved until such sums have been
paid in full.
The Planning Board's review of the site plan shall include,
as appropriate, but is not limited to, the following general considerations:
A.
The locations, arrangement, sizes, designs, and general site compatibility
of buildings, lighting, and signs.
B.
The adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers,
and traffic controls.
C.
The location, arrangement, appearance, and sufficiency of off-street
parking and loading.
D.
The adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
E.
The adequacy of stormwater and drainage facilities.
F.
The adequacy of water supply and sewage disposal facilities and adequacy
of utilities.
G.
The adequacy, types 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
and adequacy of landscaping for screening.
H.
The adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
I.
Special attention to the adequacy and impact of structures, roadways,
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
J.
Overall impact on the neighborhood, including compatibility of design
considerations.
K.
Adequacy of the project to protect significant natural, ecological,
cultural, and historical features on and near the site, including
but not limited to wetlands, streams, floodplains, critical wildlife
and fish habitats, waterfronts and shorelines, and historic buildings
and landscapes.
L.
Compatibility of the site plan with its surroundings and in keeping
with the character of the neighborhood, district, and Town. The Planning
Board will evaluate:
(1)
The relationship of buildings and site to adjoining areas. Site plans
involving nonresidential uses proposed adjacent to a residential district
or residential uses shall be reviewed with regard to minimizing the
impact of the commercial development on such district or use. Individual
buildings shall relate to each other, and to other structures in the
surrounding area, in lot placement, scale, height, build-to lines,
and connections to harmonize visually and physically with the character
of the area.
(2)
The maintenance of existing architectural elements with adaptive
reuse projects. When commercial projects involve the renovation/reuse
of an existing building, the traditional character and architectural
elements shall be maintained as may be required by the Planning Board.
(3)
The visual impacts of new commercial structures as viewed from public
roads, public property, or publicly access areas, such as parks.
M.
Compatibility of the site plan with any pertinent development standards and commercial design requirements pursuant to this Chapter 161.
N.
Adequacy of outdoor lighting so that glare and light pollution that
may be associated with the development is minimized or eliminated.
O.
Adequacy of measures planned to mitigate noise that may be generated
from the project.
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 62 days of the receipt of an application for
site plan review 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 five days before the public hearing. The Planning Board
shall mail notice of the hearing to the applicant at least 10 days
before the hearing. The Planning Board shall also give notice to an
adjacent municipality at least 10 days prior to any such hearing held
by the Planning Board related to site plan review and approval on
property that is within 500 feet of an adjacent municipality as per
GMU § 239-nn.
A.
Coordinated review. The Planning Board may refer, or may be required
by law to refer, the site plan for review and comment to other local
and county agencies or their designated consultants, and/or to representatives
of federal and state agencies having jurisdiction over the site plan
or some part of the proposed project.
B.
Required referral. Prior to taking the final action on the site plan,
and at least 10 days prior to the public hearing, and where applicable,
the Planning Board shall refer the plan to the Saratoga County Planning
Board for its review and recommendation pursuant to § 239-m
of the New York State General Municipal Law.
Except for applications which are classified as Type II actions,
no other application shall be approved without full compliance with
the State Environmental Quality Review Act (SEQRA)[1] (6 NYCRR Part 617) and no other application for site plan
review shall be considered complete for initiation of the site plan
time frames until either a negative declaration has been issued or
a draft environmental impact statement has been accepted.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
Within 62 days of receipt of the application for site plan approval
or, if a public hearing is held, within 62 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.
A.
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 within five business days and a written statement of approval
with the Town Clerk. A copy of the written statement of approval shall
be mailed to the applicant by certified mail, return receipt requested.
B.
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 by certified mail, return receipt requested. 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 modified site plan and shall immediately file it
and a written statement of approval within five business days with
the Town Clerk. A copy of the written statement of approval shall
be mailed to the applicant by certified mail, return receipt requested.
C.
Disapproval. Upon disapproval of the site plan, the decision of the
Planning Board shall immediately be filed within five business days
with the Town Clerk and a copy thereof mailed to the applicant by
certified mail, return receipt requested, along with the Planning
Board's reasons for disapproval.
Any person aggrieved by any decision of the Planning Board or
any officer, department, board, or bureau of the Town may apply to
the Supreme Court for a review by a proceeding under Article 78 of
the Civil Practice Law and Rules. Such proceedings shall be instituted
within 30 days after the filing of a decision in the office of the
Town Clerk.
The Town Board may appoint an enforcement officer to carry out the duties assigned by this chapter or by any additional regulations adopted pursuant to § 161-95 hereof. If appointed, the enforcement officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board and other officials and agencies, as appropriate.
A.
No certificate of occupancy shall be issued until all required infrastructure
and improvements shown on the site plan are installed or a sufficient
performance guarantee has been posted to cover the full cost of all
required infrastructures and improvements not yet completed. Such
performance guarantee shall be posted in accordance with the requirements
and procedures specified in §§ 274-a, Subdivision 7,
and 277, Subdivision 9, of the New York State Town Law. The amount
and sufficiency of such performance guarantee shall be determined
by the Planning Board after consultation with the Town Attorney, the
Town Engineer, other local officials, or the Planning Board's designated
private consultants.
B.
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 a form acceptable pursuant to this chapter, shall
be completed within one year from the date of approval of the site
plan. All construction of new roads and associated improvements, including,
but not limited to, curbs, curb cuts, drainage, and paving, 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 proceeds of the
posted performance guarantee to construct the improvements as necessary.
The Planning Board may also grant the applicant an extension of time
whenever construction or improvements are not performed in accordance
with applicable standards and specifications.
C.
Schedule of improvements. When a performance guarantee is issued,
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 performance
guarantee.
D.
Inspections. The Planning Board may require an inspection and an
inspection fee escrow to be established. When required, inspections
during installation of improvements shall be made by the engineer
retained by the Planning Board, and/or Building Inspector to ensure
conformity with the approved plans and specifications as contained
in the contract and this chapter. The applicant shall notify the engineer
retained by the Planning Board and Building Inspector 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 guarantee as designated in the contract
to cover the cost of such completed work.
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.
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,
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 article or
any conditions imposed by a permit pursuant hereto 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 that such violation, disobedience, omission, neglect,
or refusal shall continue.
