A.
In addition to those other powers and duties assigned to it by law,
the Planning Board is hereby empowered to perform the following functions:
(1)
Issue special use permits for those uses requiring such approval in accordance with § 123-10, and the standards and procedures set forth in this chapter, as authorized by § 274-b of the Town Law, as amended.
(2)
Review and approve, approve with modifications, or disapprove site plans for those uses requiring such approval in accordance with § 123-10, and the standards and procedures set forth in this chapter, as authorized by § 274-a of the Town Law, as amended.
(3)
Review and submit advisory opinions concerning applications for variances
and amendments to this chapter, as required by this chapter, as authorized
by § 271-14 of the Town Law, as amended.
B.
All resolutions or official actions of the Planning Board shall require
the concurring vote of a majority of the entire Board.
Pursuant to an application, either directly or through the Zoning
Enforcement Officer/Building Inspector, the Planning Board is hereby
authorized to issue a special permit only for a use specifically listed
as requiring such permit in the district in which it is proposed,
subject to the following regulations and procedures:
A.
Application. Each application for a special use permit shall be submitted
in the number of copies and form prescribed by the Board, accompanied
by a fee in accord with a schedule adopted by the Town Board and shall
include the following data:
(1)
Site plan. Each application for special use permit shall be accompanied by a site plan and shall also constitute simultaneous application for site plan approval, in accord with § 123-47. The site plan must show those elements listed in § 123-47D which are relevant to the proposal and which would not cause an unusual hardship for the applicant to obtain, as determined by the Planning Board in the presubmission conference.
(2)
Supporting documents.
(a)
A project narrative report that describes or outlines the existing
conditions of the site and the proposed development shall be submitted
to supplement the sketch plan and location map. This information should
include existing data on land characteristics, available community
facilities and utilities and data as to the number of dwelling units,
amount of commercial floor area, number of employees, drainage and
traffic assessments, protective covenants, easements and proposed
utilities and improvements.
(b)
The applicant shall also file a short environmental assessment
form (short EAF) with the sketch plan, unless the Planning Board requests
that a full environmental assessment form be submitted.
B.
Procedure.
(1)
Presubmission conference. Prior to submission of an application for
a proposed conditionally permitted use, the applicant or authorized
representative shall meet in person with the Planning Board. The purpose
of such conference shall be to discuss the proposed use or development
in order to determine the scope and type of data, in the form of site
plans and reports, to be submitted to the Planning Board in order
for said Board to determine conformity with the provisions and intent
of this chapter.
(2)
Submission of application. Within six months following the presubmission
conference, the special use permit application and related information,
including, but not limited to, site plans, environmental assessment
and impacts statements and technical studies, shall be submitted to
the Zoning Enforcement Officer/Building Inspector, in triplicate,
at least 15 days prior to the Planning Board meeting at which approval
is requested. If an application is not submitted within the six-month
period, another presubmission conference may be required.
(3)
Public hearing. The Planning Board shall schedule a public hearing
to be held within 62 days of receipt of a complete application for
a special use permit.
(4)
Hearing notice. Notice of the public hearing shall be published once
in the official newspaper of the Town, at least five days prior to
the date of such hearing. In addition, the Planning Board shall cause
a notice of such hearing and an explanation of the proposal to be
mailed to the owners of all property adjacent to or directly across
any street or right-of-way from the subject property. Such notice
shall be sent to the owner's last-known address as shown on the
most recent Town tax assessment records and mailed at least five days
prior to such hearing.
(5)
Referral to County Planning Board. Any application for a special use permit involving real property lying within 500 feet of any of the features listed under § 123-51 shall be referred to the Ulster County Planning Board prior to final action in accord with §§ 239-l and 239-m of the General Municipal Law. The Planning Board shall not make a decision until it has received comment from the Ulster County Planning Board or until 30 days have elapsed.
C.
Decision and findings.
(1)
Criteria for decisions. The Planning Board shall only approve the
issuance of a special use permit if it finds that the following criteria
have been met:
(b)
That all proposed structures, equipment or material shall be
readily accessible for fire and police protection and shall be adequately
served by sewage disposal and water supply facilities and recreation
facilities.
(c)
That the proposed use is of such location, size and character
that, in general, it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated
and will not be detrimental to the orderly development of adjacent
properties in accordance with the zoning classification of such properties.
(d)
That important natural features and sensitive environmental
resources are protected to the maximum extent feasible and have been
adequately addressed in accord with the State Environmental Quality
Review (SEQR) Act.
(e)
That, in addition to the above, in the case of any use located
in or directly adjacent to a residential district:
[1]
The location and size of such use, the nature and intensity
of operations involved in or conducted in connection therewith, its
site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
inconvenient or incongruous with said residential district or conflict
with the normal traffic of the neighborhood.
[2]
The location and height of buildings, the location, nature and
height of walls and fences and the nature and extent of screening
and landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings or diminish the value thereof.
(f)
That all proposed means of stormwater management, erosion and sediment control and site disturbance have been taken, and that the applicant's plan for same has been designed in accordance with the provisions of Chapter 106, Stormwater Management and Erosion and Sediment Control, of this Code and with the approval of the Town's Stormwater Management Officer. If an SWPPP is not required, the subdivision plan will include global positioning system (GPS) reference data for stormwater outfalls and permanent structures built in accordance with the New York State Stormwater Management Design Manual.
(2)
Findings and conclusions.
(a)
Within 62 days after the public hearing, unless the time has
been extended by mutual consent of the applicant and the Planning
Board, the Planning Board shall review its decision as to whether
to issue the special use permit and shall make a written report setting
forth its findings and conclusions and the basis for its decision.
(b)
The decision of the Board shall be filed with the Town Clerk
within five days and a copy thereof mailed to the applicant.
(3)
Time limit on validity of approval.
(a)
For special use permits that involve construction and/or demolition
of buildings or structures, or renovations requiring a building permit,
the applicant must secure, within one year of the approval of the
special use permit by the Planning Board, a building permit. If the
applicant fails to secure a building permit within this time period,
the special use permit approval shall become null and void, and the
applicant must seek approval of a new special use permit from the
Planning Board.
(b)
For approved uses not requiring construction, demolition of a building or structure, or renovations requiring a building permit, time limits relating to completion of site improvements, including but not limited to landscaping, screening, drainage, utilities and access improvements, shall be established as part of the approval of a site plan (see § 123-47E) that is included within the approval of a special use permit [see § 123-46A(1)], subject to conditions as provided for in § 123-46D.
D.
Additional conditions.
(1)
When issuing a special use permit, the Planning Board may attach
such conditions and safeguards as it deems necessary to further the
intent of these regulations and to protect the public interest.
(2)
Any use for which a special use permit may be granted shall be deemed
to be a conforming use in the district in which such use is located,
provided that such permit shall be deemed to affect only the lot or
portion thereof for which such permit shall have been granted.
In all cases where this chapter requires site plan approval
by the Planning Board, no building permit shall be issued by the Zoning
Enforcement Officer/Building Inspector except upon authorization of
and in conformity with the plans approved by the Planning Board.
A.
Applicability.
(1)
No building permit shall be issued for any structure requiring site
plan approval until an approved site plan or approved amendment of
any such plan has been secured by the applicant from the Planning
Board and presented to the Zoning Enforcement Officer/Building Inspector.
(2)
No certificate of occupancy will be issued for any structure or use
of land requiring site plan approval unless the structure is completed
or the land is developed or used in accordance with an approved site
plan or approved amendment of any such plan.
(3)
No land disturbance, including but not limited to clearing, grading,
or tree removal, may be undertaken in association with a structure/use
of land requiring site plan approval unless the required site plan
approval has been issued.
(4)
Any land disturbance associated with on-site surveys/evaluations
necessary for the purposes of obtaining site plan application information
shall result in the least amount of disturbance necessary to safely
access the site and obtain the necessary information.
(5)
Prior to final action, the Planning Board shall refer any matters involving any of the areas or features specified in § 123-51 to the Ulster County Planning Board in accordance with § 239-m of the General Municipal Law.
(6)
Site plan approval shall not be required for a change of tenant or
from one permitted use to another permitted use in the applicable
district, provided all of the following conditions are met:
(a)
The existing use/property received site plan approval;
(b)
The existing use/property are in compliance with all pervious
approvals issued in accordance with this chapter;
(c)
There are no exterior additions, demolitions, or site changes
to the existing facilities on the subject property, with the exception
of a new sign, routine exterior maintenance and improvements and landscaping;
and
(7)
Where site plan approval is not required pursuant to § 123-47A(6) above, the Zoning Enforcement Officer/Building Inspector shall have the authority to issue a certificate of occupancy pursuant to the requirements of § 123-30. The Zoning Enforcement Officer/Building Inspector reserves the right to refer the applicant to the Planning Board to address one or more site issues.
B.
Objectives. In considering and acting upon site development plans,
the Planning Board shall take into consideration the public health,
safety and welfare, the comfort and convenience of the public in general
and of the residents of the immediate neighborhood in particular,
along with low-impact and energy efficient siting, design and construction
approaches, and may prescribe appropriate conditions and safeguards
as may be required in order that the result of its action may, to
the maximum extent possible, further the expressed intent of this
chapter and the accomplishment of the following objectives in particular.
(1)
That proposed traffic accesses and ways are adequate but not excessive
in number, adequate in width, grade, alignment and visibility, not
located too near street corners or other places of public assembly
and conform to similar safety considerations.
(2)
That adequate off-street parking and loading spaces are provided
to prevent parking in public streets of vehicles of any persons connected
with or visiting the use and that the interior circulation system
is adequate to provide safe accessibility to all required off-street
parking lots.
(3)
That all parking and service areas are reasonably screened at all
seasons of the year from the view of adjacent residential lots and
streets and that the general landscaping of the site is in character
with that generally prevailing in the neighborhood.
(4)
That all existing trees, wooded areas, watercourses and other natural
features shall be retained to the maximum extent possible consistent
with the development plan. Especially important is the creation of
a visual and/or noise deterring buffers between the applicant's
and adjoining lands, utilizing the maximum retention of existing vegetation
where feasible.
(5)
That project will provide for safe pedestrian access and circulation,
with appropriate sidewalks, walkways, or trails connecting to adjacent
or nearby uses, were applicable.
(6)
Where applicable, connections between natural habitat areas on adjoining
properties shall be preserved.
(7)
That all outdoor lighting is of such nature and so arranged as to
conserve energy and preclude the diffusion of glare onto adjoining
properties and streets.
(8)
Compatibility of building design with existing characteristics of
the neighborhood, including consideration of nearby historic or architecturally
significant properties.
(9)
That all drainage systems and the internal water and sewer systems
are adequate and that all connections to Town systems are in accordance
with Town standards.
(10)
That the site plan and building design accommodate the needs
of the handicapped and are in conformance with state standards for
construction concerning the handicapped.
(11)
That the project takes into consideration the need to protect adjacent neighboring properties against noise, unsightliness or other objectionable features and complies with Chapter 96, Property Maintenance, of the Town of Esopus.
(12)
That the project incorporates energy conservation measures where
feasible, including but not limited to sustainable and recycled building
materials, green infrastructure/low-impact design, including stormwater
designs, use of LED lighting, and ENERGY STAR®or better-rated appliances.
(13)
That the site plan and building design consider the conservation
of energy, and where applicable, building orientation and layout should
take into consideration natural light and wind patterns for natural
heating, cooling and lighting and for potential future alternative
energy production on site.
C.
Procedure.
(1)
Presubmission conference. Prior to the submission of a site development plan, the applicant or authorized representative shall meet in person with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements listed in § 123-47D shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter.
(2)
Within six months following the presubmission conference, the site
development plan and any related information shall be submitted to
the Zoning Enforcement Officer/Building Inspector, in triplicate,
at least 15 days prior to the Planning Board meeting at which approval
is requested. If a site plan is not submitted within the six-month
period, another presubmission conference may be required.
(3)
All site development plans shall be referred to applicable fire departments
and to the Town of Esopus Volunteer Ambulance Service (TEVAS) for
their review and input as applicable.
(4)
The Zoning Enforcement Officer/Building Inspector shall certify on
each site development plan or amendment whether or not the plan meets
the requirements of all chapter provisions, other than those of this
section, regarding site development plan approval.
(5)
The Zoning Enforcement Officer/Building Inspector shall retain one
copy and transmit two copies of the certified site development plan
to the Secretary of the Planning Board at least seven days prior to
the Planning Board meeting at which approval is requested.
(6)
The Planning Board may hold a public hearing on the site plan if it determines that the matter is of wide public interest. If such a hearing is held, the provisions relating to public notice as required in § 123-46B(3) and (4) for a special use permit shall be followed.
(7)
The Planning Board shall act to approve or disapprove any such site
development plan within 62 days after the public hearing or, if no
hearing is held, within 62 days of the official submission date, unless
the time has been extended by mutual consent of the applicant and
the Planning Board. Failure to act within 62 days shall be deemed
approval. Conditional approval or disapproval by the Planning Board
shall include written findings upon any site development plan element
found contrary to the provisions or intent of this chapter. In reviewing
the application, the Planning Board may secure the advice or assistance
of one or more expert consultants qualified to advise as to whether
a proposed use will conform to the requirements of this chapter.
(8)
Amendments to a site development plan shall be acted upon in the
same manner as the approval of the original site plan.
(9)
The Planning Board may require the posting of such performance guaranties
as it deems necessary as a condition of site plan approval to ensure
that site improvements, such as roadways, parking areas, drainage
facilities, utility systems and landscaping, are satisfactorily completed
in accord with approved plans.
D.
Site development plan elements. The applicant shall cause a site
development plan map to be prepared by a civil engineer, surveyor,
land planner, architect. Site development plan elements shall include
those listed below which are appropriate to the proposed development
or use, as determined by the Planning Board in the presubmission conference.
(1)
Legal data.
(a)
Lot, block and section number of the property, taken from the
latest tax records.
(b)
The name and address of the owner of record.
(c)
Name and address of the person, firm or organization preparing
the map.
(d)
Date, North point and written graphic scale.
(e)
Sufficient description or information to define precisely the
boundaries of the property. All distances shall be in feet and tenths
of a foot. All angles shall be given to the nearest 10 seconds or
closer. The error of closure shall not exceed one in 10,000.
(f)
The locations, names and existing widths of adjacent streets
and curblines.
(g)
The locations and owners of all adjoining lands as shown on
the latest tax records.
(h)
Location, width and purpose of all existing and proposed easements,
setbacks, reservations and areas dedicated to public use within or
adjoining the property.
(i)
A complete outline of existing deed restrictions or covenants
applying to the property.
(j)
Existing zoning.
(2)
Natural features.
(a)
Existing contours with intervals of five feet or less, based
on a reference system satisfactory to the Board.
(b)
Approximate boundaries of any areas subject to flooding or stormwater
overflows.
(c)
Location of existing watercourses, marshes, protected state
and federal wetlands, wooded areas, orchards and vineyards, rock outcrops
and other significant existing features.
(3)
Existing structures and utilities.
(a)
Location of uses and outline of structures drawn to scale on
and within 100 feet of the lot line.
(b)
Paved areas, sidewalks and vehicular accesses between site and
public streets.
(c)
Locations, dimensions, grades and flow direction of existing
sewers, culverts and waterlines, as well as other underground and
aboveground utilities within and adjacent to the property.
(4)
Proposed development.
(a)
The location of proposed buildings or structural improvements.
(b)
The location and design of all uses not requiring structures,
such as off-street parking and loading areas.
(c)
The location, direction, power and time of use for any proposed outdoor lighting or public address systems. The Planning Board reserves the right to require a lighting plan pursuant to § 123-16.1, Outdoor lighting standards.
(d)
The location and plans for any outdoor signs.
(e)
The location and arrangement of proposed means of access and
egress, including sidewalks, driveways or other paved areas; profiles
indicating grading; and cross sections showing width of roadway, location
and width of sidewalks and location and size of water and sewer lines.
(f)
Any proposed grading, screening and other landscaping, including
types and locations of proposed street trees.
(g)
The location of all proposed water lines, valves and hydrants
and all sewer lines or alternate means of water supply and sewage
disposal and treatment.
(h)
An outline of any proposed deed restrictions or covenants.
(i)
Elevation drawings, photographs, simulations and/or other renderings,
of existing and proposed buildings, signs, landscaping and other structures
and improvements.
(j)
Any contemplated public improvements on or adjoining the property.
(k)
If the site development plan only indicates a first stage, a
supplementary plan shall indicate ultimate development.
(l)
A written summary outlining proposed best management practices,
green infrastructure/low-impact development (LID) features, and energy
efficiency features utilized on-site.
E.
Time limit on validity of approval. Approval of a site plan by the
Planning Board shall be valid for a period of one year from the date
thereof for the purpose of obtaining a building permit. Failure to
secure a building permit for at least the first stage of development
during this period shall cause the site plan to become null and void.
Upon application, the Planning Board may extend the time limit on
the validity of the approval to not more than two years from the date
of original approval.
A.
The Planning Board shall review all applications for variances submitted
to the Board of Appeals and all proposed amendments to the text or
map of this chapter being considered by the Town Board referred to
it in accord with the provisions of this chapter.
B.
Variances. At least 10 days prior to the date of the public hearing
required by law for a variance application, the Secretary of the Board
of Appeals shall transmit to the Secretary of the Planning Board a
copy of said application, together with a copy of the notice of the
aforementioned hearing. If the Planning Board has not submitted their
final report within 45 days from the date of receipt of notice or
such longer time as may have been agreed upon by it and the Board
of Appeals, the Board of Appeals may proceed to final action.
