In accordance with Article III or District Schedule of Use Regulations[1] prior to the issuance of a building permit or a certificate
of occupancy in any district, except for a one- or two-family dwelling
and related accessory uses, including permitted home occupations,
or agricultural and conservation uses permitted by right, the Zoning
Enforcement Officer shall require the applicant's conformance with
the site plan review and approval set forth in this article. The Zoning
Enforcement Officer shall refer the applicant to the Planning Board
for site plan review and approval in accordance with § 274-a
of the Town Law and the more specific design standards and review
procedures set forth herein.
[1]
Editor's Note: The schedule has been included
at the end of this chapter.
A.
A sketch plan conference between the Planning Board
and applicant shall be held to initially review the basic site design
concept and to generally determine the extent of site plan review
necessary for the intended project and the information to be required
on the site plan and in accompanying reports.
B.
At the sketch plan conference, the applicant shall
provide a written statement and/or sketch plan describing what is
proposed, including indication of all existing structures and uses,
if any, on the site. The applicant should also provide an area map
keyed to the real property Tax Maps, showing the parcel under consideration
for site plan review and all properties, structures, subdivisions,
streets and easements within 200 feet of the boundaries thereof.
C.
At the sketch plan conference, the Planning Board
shall take one of three actions:
(1)
Administratively determine that the project is limited
in scope, with compatible land use, site and building design characteristics,
thus requiring no further review under this article. Such determination
shall be restricted to applications including the establishment of
permitted uses within existing complying structures or the limited
modification of existing conforming uses and complying structures,
as determined by the Zoning Enforcement Officer, wherein no substantial
site improvements are either required or proposed.
(2)
Administratively determine that the project does require full review under this article, based upon the project's scope and/or land use, site and building design characteristics, and advise the applicant of the site plan submission requirements in accordance with the site plan checklist set forth in § 143-115 of this article. At this time, one or more of the site plan submission requirements, as set forth on the checklist, may be waived by the Planning Board. The Planning Board may also require that the applicant seek preapplication input from one or more of the persons and agencies cited in § 143-117B of this article.
(3)
Require additional sketch plan information prior to
making a determination regarding the applicability of the full site
plan review and approval procedure to the intended project.
Within six calendar months of the sketch plan
conference, a complete application for site plan approval shall be
made, in writing, to the Planning Board and shall be accompanied by
a site plan which includes information drawn from the following checklist
of items, as determined necessary by the Planning Board at the time
of the sketch plan conference, and which is provided on a drawing
certified by appropriate licensed design professionals, in compliance
with the professional licensing regulations administered by the New
York State Education Department:
A.
Site plan checklist. The site plan checklist shall
include the following:
(1)
Title of drawing, including the names and addresses
of the applicant and the person(s) responsible for the preparation
of such drawing and a signature block for the Planning Board's and,
if applicable, the Dutchess County Health Department's endorsement
of its approval of the site plan.
(2)
North arrow, scale and date, with the scale to be
not less than one inch equals 50 feet.
(3)
An area map keyed to the real property Tax Maps, showing
the parcel under consideration for site plan review and all properties,
subdivisions, streets and easements within 200 feet of the boundaries
thereof.
(4)
Accurate boundaries of the property plotted to scale,
including reference to the specific data source.
(5)
The names of all owners of record of lands adjacent
to or directly opposite the applicant's property.
(6)
The location of structures, uses and facilities on
adjacent properties within 100 feet of the subject property line.
(7)
Existing watercourses, wetlands and floodplains, including
reference to the specific data source.
(8)
The location and boundaries of pertinent natural features
that may influence the design of the proposed use such as soil types,
rock outcrops, existing vegetative cover and either specimen trees
or substantial tree masses which may be located within that portion
of the site to be prepared for development.
(9)
Grading and drainage plan, showing existing and proposed
contours at an appropriate interval to be specified by the Planning
Board at the sketch plan conference, with two-foot contour intervals
and soils data generally required on that portion of any site proposed
for development or where general site grades exceed 5% or there may
be susceptibility to erosion, flooding or ponding. A calculation of
the extent of cut and fill shall accompany the grading plan, and an
erosion and sedimentation control plan shall also be provided in accordance
with the requirements of the Dutchess County Soil and Water Conservation
District's Soil Erosion and Sediment Control Guidebook.
(10)
The location, dimensions, proposed use and height
of all buildings, both existing and proposed.
(11)
The location, design and construction materials
of all parking and truck-loading areas, including their access and
egress drives and a clear indication of all traffic patterns on the
site.
(12)
Provision for pedestrian access.
(13)
The location of outdoor storage for equipment
and materials, if any, and the location, type and design of all solid
waste-related facilities, including dumpsters and recycling bins.
(14)
The location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
(15)
A description of the method of sewage disposal
and the location, design and construction materials of such facilities.
(16)
A description of the method of securing water
supply and the location, design and construction materials of such
facilities.
(17)
The location of fire and other emergency zones,
including the location of fire hydrants or of the nearest alternative
water supply for fire emergencies.
(18)
The location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy.
(19)
The location, size and design and construction
materials of all proposed signage, including associated lighting,
if any.
(20)
The location and proposed development of all
buffer areas, including indication of both existing vegetative cover
and that portion that will be preserved.
(21)
The location and design of outdoor lighting
facilities, including data regarding, when appropriate, lighting levels,
both within the site and at the site's boundaries, if adjacent to
residential development.
(22)
Designation of the amount of building area proposed
for retail sales, office use or similar commercial activity, including
information regarding proposed division of buildings into smaller
units for separate occupancy or tenancy, with such information to
be in sufficient detail to permit minimum off-street parking and other
zoning requirements to be calculated and Building Code compliance
to be documented.
(23)
A detailed landscaping plan and planting schedule,
including the number, size, caliper, type and location of all canopy
trees or understory trees, shrubs and ground covers to be planted.
(24)
Building elevations and sections at a scale
sufficient to delineate clearly the massing and the exterior materials,
textures and colors of all buildings and other structures shown on
the site plan.
(25)
Other elements integral to the proposed development
as considered necessary by the Planning Board and as may be reasonably
related to the requirements of this chapter and § 274-a
of the Town Law, including a proposed development schedule and the
identification of any federal, state or county permits required for
the project's execution.
B.
Required fee and escrow deposit for development review costs. A complete application for site plan review and approval shall include the applicable fee in accordance with the fee schedule established and reviewed annually by the Town Board and escrow deposit in accordance with Chapter 70 of the Red Hook Town Code.
[Amended 1-15-2008 by L.L. No. 2-2008]
C.
Environmental assessment form (EAF). A complete application
for site plan review and approval shall also include a short or full
EAF as required by the Planning Board pursuant to SEQRA, Article 8
of the Environmental Conservation Law, and 6 NYCRR 617.
D.
Number of copies. Not fewer than six copies of the
site plan application, including all accompanying reports and drawings,
and the environmental assessment form shall be provided to permit
the Planning Board to initiate formal review of the site plan application.
Additional copies may be required due to review and referral requirements
set forth in the Town Law, the General Municipal Law or the Environmental
Conservation Law.
The following criteria and standards are intended to provide an overall framework on a Town-wide basis within which the site designer is free to exercise creativity, invention and innovation while recognizing the historic, scenic and visual qualities inherent in the community. In the case of lands and structures within the Hamlet (H) District or within the Historic Landmarks Overlay (HL-O) and Environmental Protection Overlay (EP-O) Districts, the site designer shall also be guided by the design criteria and historic preservation principles set forth in §§ 143-46, 143-47 and 143-48, respectively, of this chapter.
A.
Relationship of proposed development to the Town Master
Plan.
(1)
Due attention by the applicant should be given to
the goals and objectives and the stated general land use policies
for the Town as set forth in the Town Master Plan and this chapter
and the relationship of the proposed development to the specific area
of the Town in which it is located.
(2)
In the site plan and design, consideration should
be given to the use of traditional building forms and layouts which
are evidence of the distinctive historical development of the area
and, in particular, of any specially designated or recognized scenic
and historic district or properties within the vicinity of the proposed
development.
B.
Relationship of buildings to site.
(1)
The site shall be planned to accomplish a desirable
transition with the streetscape and to provide for adequate planting,
safe pedestrian movement and adequate parking areas.
(2)
Except as may be inappropriate to an historic or traditional
streetscape characterized by a uniform setback or building line, site
planning in which setbacks and yards are in excess of minimum zoning
restrictions is encouraged to provide a variation in relationship
between buildings.
(3)
Parking shall, wherever possible, be located to the
rear or sides of buildings so as to not interfere with the landscape
treatment.
(4)
Without restricting the permissible limits of the
applicable zoning district, the height and scale of each building
shall be compatible with its site and existing or anticipated adjoining
buildings.
(5)
Newly installed utility services and service modifications
necessitated by exterior alterations or building expansion shall,
to the extent practicable, be underground.
(6)
New structures shall be sited and located to take
advantage of solar access insofar as practical, including the orientation
of proposed buildings with respect to sun angles, the shading and
windscreen potential of existing and proposed vegetation both on and
off the site and the impact on solar access to adjacent uses and properties.
C.
Relationship of buildings and site to adjoining area.
(1)
Site plans proposed for nonresidential uses adjacent
to a residential district shall be reviewed with regard to the impact
of the development on that district.
(2)
The Planning Board shall encourage the use of a combination
of common materials and architectural characteristics (e.g., rhythm,
color, texture, form or detailing), landscaping, buffers, screens
and visual interruptions to create attractive transitions between
buildings of different architectural styles.
D.
Landscape, buffering and site treatment.
(1)
Where possible, natural or existing topographic patterns
which contribute to the beauty and character of a development shall
be preserved.
(2)
Grades of walks, parking spaces, terraces and other
paved areas shall provide an inviting appearance.
(3)
Landscaped treatment shall be provided to enhance
architectural features, to strengthen vistas and visual corridors
and to provide shade.
(4)
Unity of design shall be achieved through repetition
of certain plant varieties and other materials and by coordination
with adjacent developments.
(5)
Plant material shall be selected for interest in its
structure, texture and color and in consideration of its ultimate
growth pattern. Plants that are indigenous to the area and others
that will be hardy and harmonious to the design and exhibit a good
appearance shall be used.
(6)
In locations where plants may be susceptible to injury
by pedestrian or motor traffic, they shall be protected by appropriate
curbs, tree guards or other devices.
(7)
Parking areas and traffic ways shall be enhanced with
landscaped islands containing trees and tree groupings.
(8)
Screening of service yards, refuse containers and
other places that tend to be unsightly shall be accomplished by use
of walls, fencing or planting, or combinations of these, with all
such enclosures being compatible in material, texture and color with
the principal building or buildings on the site.
(9)
Landscaping shall be designed and maintained so as
not to create hazardous conditions.
E.
Lighting.
(1)
Exterior lighting shall conform to the requirements of § 143-27.1.
[Amended 8-8-2006 by L.L. No. 3-2006]
(2)
The number of light standards and the intensity of
lighting shall be appropriate to illuminate the location for safety
and security but shall not cause glare upon adjoining properties.
(3)
Lighting standards shall be appropriate to the design
of the structures and shall not exceed 20 feet in height.
F.
Building design.
(1)
Building design shall make appropriate recognition
of compatible building forms indigenous to the community and, in particular,
of the historic character of the Village of Red Hook and the Town's
hamlet areas.
(2)
Materials shall have good architectural character
and shall be selected for harmony with traditional building materials.
Where practical, natural materials shall be used.
(3)
Building components, such as windows, rooflines, doors,
eaves and parapets, shall have well-designed proportions and relationships
to one another and be compatible with the historic character of the
Village of Red Hook and the Town's hamlet areas.
(4)
Mechanical equipment, such as air conditioners and
satellite dishes, or other utility hardware located on roofs, the
ground or buildings shall be screened from adjacent properties and
public view with materials harmonious with the building, specified
as to color so as to blend with their surroundings or located as not
to be visible from any public way or lands.
G.
Signs.
(1)
Every sign shall be wholly consistent with the requirements set forth in § 143-27 of this chapter and shall be well-proportioned in its design and in its visual relationship to buildings and surroundings.
(2)
Every sign shall be designed as an integral architectural
element of the building and site to which it principally relates.
(3)
The colors, materials and lighting of every sign shall
be restrained and shall be harmonious with the building and site to
which it principally relates.
(4)
The number of graphic elements on a sign shall be
held to the minimum needed to convey the sign's major message and
shall be composed in proportion to the area of the sign face.
(5)
Identification signs of a prototype design and corporation
logos shall be modified as necessary by the applicant and project
designer to conform to the criteria for all signs within the Town
of Red Hook.
H.
Ecological considerations.
(1)
The proposal shall result in minimal degradation of
unique or irreplaceable land types and in minimal adverse impact upon
areas of environmental concern.
(2)
The proposal shall conform with the existing geological
and topographic features, to the end that the most appropriate use
of land is encouraged.
I.
Storm drainage. The proposed development shall be
so designed as to provide for proper surface water management through
a system of controlled drainage that preserves existing drainage patterns
and protects other properties. All drainage plans shall be reviewed
and approved by the Town Engineer. Wherever practicable, stormwater
management techniques, including on-site detention, should be employed
to both address existing drainage problems, if any, and avoid an increase
in either the peak volume or velocity of stormwater discharged from
the project site in its post-development condition.
J.
Solid waste. Facilities to handle solid waste, including
compliance with recycling requirements, shall be easily accessible,
secure and properly screened.
K.
Vehicular traffic.
(1)
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 meet all current design standards
of the appropriate state, county or Town authority, unless specifically
waived or modified by that authority.
(2)
On-site circulation shall be designed for ease of
use and to connect safely with adjoining properties where appropriate
without necessity of returning to the public street system, including
consistency with related recommendations discussed in the Town Master
Plan.
L.
Pedestrian and bicyclist circulation.
(1)
Pedestrian circulation shall be separated, to the
extent practicable, from motor vehicle circulation. Appropriate walkways
shall be provided on the site and its approaches if deemed necessary.
(2)
Proper provision shall be made for buildings and associated
site development that are accessible to and functional for physically
handicapped persons, such as by provision of walks and ramps of suitable
width and grade, curb cuts, signed and suitably dimensioned parking
spaces and ground level building entrances, as required in the New
York State Uniform Fire Prevention and Building Code and the Vehicle
and Traffic Law.
(3)
Facilities shall be provided, where deemed applicable
by the Planning Board, for bicycle travel within the site and to adjacent
areas and for the short-term parking of bicycles.
The Planning Board's review of a site plan shall
include, as appropriate, but is not limited to the following:
A.
General considerations.
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, pavement surfaces,
dividers, channelization structures and other traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, walkways, control of intersections with vehicular
traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading facilities.
(4)
Location, arrangement, size, design and general site
compatibility of principal and accessory buildings, lighting and signage.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or noise-deterring buffer
between the applicant's and adjoining lands, including concern for
the maximum retention of existing vegetation.
(8)
In the case of an apartment complex or other multiple
dwelling, the adequacy of usable open space for play areas and informal
recreation.
(9)
Protection of adjacent or neighboring properties against
noise, glare, unsightliness or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones
and water supply for fire emergencies.
(11)
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion or in the vicinity of wetlands or similar
natural features.
(12)
Compatibility of building design with existing
characteristics of the neighborhood, including consideration of nearby
historic or architecturally significant properties.
B.
Consultant review. In its review of an application
for site plan approval, the Planning Board may consult with the Town
Zoning Enforcement Officer and/or Building Inspector, the Superintendent
of Highways, the Conservation Advisory Council, the Design Review
Committee, the Town Water Board, the Dutchess County Health Department,
other local and county officials and its designated private planning
and engineering consultants, in addition to representatives of state
agencies, including but not limited to the State Department of Transportation,
the State Health Department and the Department of Environmental Conservation.
C.
Public hearing. The Planning Board shall conduct a
public hearing on the application for site plan approval. The public
hearing shall be conducted within 45 calendar days of the receipt
of the complete application and shall be advertised in the official
newspaper of the Town at least five calendar days before the public
hearing. The Secretary of the Planning Board shall additionally provide
notice of the public hearing and data regarding the substance of the
application to the owners of all property abutting that held by the
applicant and all other owners within 200 feet of the land involved
in such application. Notice shall be mailed at least 10 calendar days
prior to the hearing, with compliance with the notification procedure
certified to by the Secretary or other designated Town employee. The
Town shall charge the applicant either a flat rate or a stated amount
per notice for satisfying this requirement.
(1)
The names and addresses of owners notified shall be
taken as such appear on the last completed tax roll of the Town.
(2)
Provided that there has been substantial compliance
with this provision, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate an action taken by the
Planning Board in connection with the application.
D.
Required referral. Prior to taking action on the site
plan, the Planning Board shall refer the site plan, when applicable,
to the Dutchess County Department of Planning for advisory review
and a report in accordance with §§ 239-l and 239-m
of the General Municipal Law.
Within 45 days of the close of a public hearing,
the Planning Board shall act on the site plan application.
A.
Action by resolution.
(1)
The Planning Board shall act by resolution to either
approve or disapprove or approve with modifications the site plan
application. A copy of the resolution shall be filed in the Town Clerk's
office and mailed to the applicant within 10 calendar days of the
Planning Board's action. A resolution of either approval or approval
with modifications shall include authorization to the Planning Board
Chairman to stamp and sign the site plan upon the applicant's compliance
with the submission requirements stated therein.
(2)
If the Planning Board's resolution includes a requirement
that modifications be incorporated in the site plan, conformance with
said modifications shall be considered a condition of approval and
shall be satisfied prior to signing of the site plan. If the site
plan is disapproved, the Planning Board's resolution shall state specific
reasons for such decision. In such a case, the Planning Board may
recommend further study of the site plan and resubmission to the Planning
Board after it has been revised or redesigned.
B.
Submission requirements for stamping. After receiving
site plan approval, with or without modifications, from the Planning
Board, the applicant shall within six calendar months submit six prints
and one reproducible Mylar of the site plan to the Planning Board
for stamping and signature by the Chairman. The site plan submitted
for stamping shall conform strictly to the site plan approved by the
Planning Board except that it shall further incorporate any revisions
or other modifications required by the Planning Board and shall be
accompanied by the following additional information:
(1)
A record of application for and approval status of
all necessary permits from federal, state and county officials and
agencies.
(2)
Detailed sizing and final material specification of
all required improvements.
(3)
An estimated project construction schedule and, if
a performance guaranty is to be provided by the applicant for all
or some portion or the work, a detailed cost estimate for the installation
and inspection of site improvements.
C.
Effect of stamping by Planning Board. Upon stamping
and signature by the Chairman, the Planning Board shall forward a
copy of the approved site plan to the Zoning Enforcement Officer,
the Building Inspector and the applicant. The Building Inspector may
then issue a building permit or the Zoning Enforcement Officer a certificate
of occupancy, as applicable, if the project conforms to all other
applicable requirements, including the applicant's presentation of
documentation that all necessary permits and approvals from federal,
state and county officials and agencies have been issued.
D.
Expiration of approval. Planning Board approval of
a site plan shall expire if any of the following circumstances occurs:
(1)
The site plan is not submitted for stamping and signature
by the Chairman within six calendar months of the Planning Board's
resolution of site plan approval, with or without modifications.
(2)
A complete application for either a building permit
or certificate of occupancy is not submitted to the Zoning Enforcement
Officer and/or Building Inspector, as applicable, within one calendar
year of the stamping and signing of the site plan by the Chairman.
(3)
Work authorized under a building permit is not commenced
and diligently pursued through the completion of substantial construction
within 30 months of the stamping and signing of the site plan by the
Chairman. Upon prior written request to the Planning Board, including
a statement of justification for the requested time extension, the
time period for submission of the site plan or submission of the complete
application for a building permit or certificate of occupancy may
be individually extended for a maximum period of six calendar months
and one calendar year, respectively, from their otherwise specified
termination dates.
Reasonable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the required application fee required in § 143-115B of this article. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board. Said fee schedule shall include the requirement that an escrow account be established upon the Planning Board's receipt of the application to cover the anticipated costs for such consultant review and other expenses.
No certificate of occupancy shall be issued
until all improvements shown on the approved site plan are installed
and an as-built drawing submitted to the Zoning Enforcement Officer
or a sufficient performance guaranty has been posted for improvements
not yet completed. Such performance guaranty shall be posted in accordance
with the procedures specified within § 277 of the Town Law
relating to subdivisions and shall generally cover limited elements
of the work, e.g., final asphalt paving or landscaping, that cannot
be completed due to seasonal constraints and the subsequent preparation
and submission of the required as-built drawing. The amount and sufficiency
of such performance guaranty shall be determined by the Planning Board
after consultation with the Town Attorney, the designated Town Engineer,
other local officials or the Planning Board's designated private consultants.
The Building Inspector shall be responsible
for the overall inspection of site improvements, including coordination
with the Zoning Enforcement Officer, the designated Town Engineer
and other local officials and agencies as may be appropriate on multifamily
residential, institutional, commercial and light manufacturing projects.
Reasonable expenses incurred by the Town for inspections by the designated
Town Engineer or other appropriate professionals shall, in addition
to costs associated with site plan review, be reimbursed to the Town
by the applicant in accordance with the fee schedule established and
annually reviewed by the Town Board.
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this chapter, such as special use permit review and approval, the requirements of Chapter 120, Subdivision of Land, or the requirements of the State Environmental Quality Review Act, the Planning Board may integrate, if it deems appropriate and to the extent within its authority under law, site plan review as required by this article with the procedural and/or submission requirements for such other compliance. Such integration of procedures may require, upon mutual written consent of the Planning Board and the applicant, reasonable modification of the time schedules otherwise stated in this article or in said related regulations or requirements.
Any person or persons jointly or severally aggrieved
by any decision of the Planning Board on a site plan approval application
may apply to the Supreme Court of the State of New York for relief
through a proceeding under Article 78 of the Civil Practice Law and
Rules of the State of New York.
