Town of Fort Edward, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fort Edward 1-23-1989 byL.L. No. 1-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 87.
Zoning — See Ch. 108.

§ 81-1 Enactment; legislative authority.

The Town Board of the Town of Fort Edward, Washington County, New York, does hereby ordain and enact the Town of Fort Edward Site Plan Review Law pursuant to the authority and provisions of § 10 of the Municipal Home Rule Law and § 274-a of the Town Law.

§ 81-2 Title.

This chapter shall be known as the "Town of Fort Edward Site Plan Review Law." The Town of Fort Edward is hereinafter referred to as the "town."

§ 81-3 Purpose.

The Fort Edward Planning Board is hereby empowered to review, approve, approve with modification or disapprove all site plans as required by § 81-12 of this chapter. The purpose of such site plan review and approval procedures is to ensure adequate adherence and conformity to the various provisions of this chapter and the Fort Edward Zoning Code[1]; to ensure that uses of land so affected by these provisions meet design, function and layout criteria established by this chapter that will culminate in development that will protect the health, safety and general welfare of Town residents and are compatible with the intent of the Master Plan and its proposals and recommendations; and to ensure the ability of the Town to accommodate the growth resulting from the proposed use without undue adverse effect on the Town and its citizens and taxpayers and the protection of health, safety and welfare of the Town and its citizens.
[1]
Editor's Note: See Ch. 108, Zoning.

§ 81-4 Planning Board authorization.

In accordance with § 274-a of the Town Law, the Planning Board is authorized to review and approve, approve with modifications or disapprove site plans, prepare to specification set forth in this chapter and in regulations of the Planning Board, showing the arrangement, layout and design of the proposed use of the land shown on such plan.

§ 81-5 Applicability; permit required.

A. 
Except for the following, the provisions of this chapter shall apply to all uses requiring special use permits, to all permitted and accessory uses and to applications to alter a nonconforming use:
(1) 
Single-family residences in R-Ag, R-1, R-2 Districts and all associated permitted and accessory uses to such single-family residences.
(2) 
Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this chapter.
(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% and having a cost value of less than $5,000.
(5) 
Nonstructural agricultural or gardening uses not involving substantial timber cutting.
(6) 
The sale of agricultural produce and temporary structures related to sale of agricultural produce.
B. 
A land use or development involving these uses shall not be undertaken unless and until the Planning Board has approved such use and the Zoning Administrator/Building Inspector has issued a permit for such land use and development. No building permit shall be valid without site plan approval.

§ 81-6 Sketch plan.

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 proposals 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 shall provide the following:
A. 
A statement and rough sketch showing the location 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 flood hazard and flood insurance regulations.
B. 
An area map (one inch equals 30 feet) 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.
C. 
A topographic or contour map of adequate scale and detail to show site topography (one inch equals 30 feet).

§ 81-7 Application.

Application for project approval shall be made with the Planning Board using forms supplied by the Board. Applications shall include reasonably sufficient information for the Board to make its findings under § 81-10 of this chapter. In determining the content of these application forms, the Planning Board may provide for different informational requirements for different classes or type of projects, but with each certain class or type of project, the same information required by these various application forms may include any or all of the following:
A. 
Detailed description of the natural features of the project and its components, including all proposed roads and accesses, water supply and sewage disposal systems, and their relationship to natural features.
B. 
An analysis with supporting data on the impact of the project on the environment, both during construction and thereafter.
C. 
An analysis and supporting data of any benefits that might derive from the project.

§ 81-8 Fees for site plan approval.

[Amended 6-13-2005 by L.L. No. 6-2005]
In addition to the fee adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule[1], the Planning Board may charge a fee to developers of projects requiring legal and technical review in the amount adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule.[2]
[1]
Editor's Note: The Fee Schedule is on file in the Town offices. See § 50-1.
[2]
Editor's Note: The Fee Schedule is on file in the Town offices. See § 50-1.

§ 81-9 Additional information required by Planning Board.

Upon receipt of the application for a zoning and building permit and related material from the Zoning Administrator/Building Inspector as required in § 81-7, the Planning Board may require that the developer submit additional information as follows, which shall be prepared by a licensed engineer, architect, surveyor, landscape architect or any combination thereof:
A. 
A map of the applicant's entire holding at the scale of one inch equals 200 feet, unless the Planning Board determines a different scale more appropriate.
B. 
An area map, at the scale of one inch equals 30 feet, showing all properties, subdivisions, streets, water courses and easements which, pass through the property or are known to abut the applicant's property.
C. 
A topographic map, at the scale of one inch equals 30 feet, showing contours at two-foot intervals.
D. 
A site plan, including the following information:
(1) 
The title of the drawing, including the name(s) and address(es), of the applicant or owner of record.
(2) 
North point, date, scale.
(3) 
The name and address of the person, firm or organization preparing the map.
(4) 
Boundaries of the property plotted to scale.
(5) 
Existing watercourses and direction of drainage flow.
(6) 
A site plan showing location of proposed use or uses, bulk and height of all building and location of all parking areas, with access drives thereto.
(7) 
The location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; existing water and other utility facilities; description of method of sewerage disposal and location of such facilities; location and sizes of all permitted signs; location and design of lighting facilities; the amount(s) of building area(s) proposed for retail sales, if any; and existing areas of vegetation and trees (in general, five inches or more in diameter or, if in significant clusters, those less than five inches).
(8) 
A tracing overlay showing areas, if any, with moderate-to-high susceptibility to flooding or ponding, moderate-to-high susceptibility to erosion and slopes in excess of 15%. For areas with potential erosion problems, the overlay shall also include an outline of existing vegetation.
(9) 
A grading plan showing existing and proposed elevation of site.
(10) 
Landscape plan and planting schedule.
(11) 
Stormwater pollution prevention plan consistent with the requirements of Chapter 56 of the Town Code.
[Added 6-12-2006 by L.L. No. 4-2006]

§ 81-10 Notification.

Upon receipt of an application and all applicable material, the Planning Board shall notify the applicant, in writing, by mail, of the place, date and time of the meeting of the Planning Board at which the application is to be considered and request the presence of the applicant to discuss the application.

§ 81-11 Review standards.

A. 
In order to approve any site plan review use, the Planning Board shall consider the following:
(1) 
Full conformance of the site plan with the regulations of the Fort Edward Zoning Ordinance[1] and this chapter.
[1]
Editor's Note: See Ch. 108, Zoning.
(2) 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls. Consideration will also be given to the project's impact on the overall circulation system as it relates to adjacent uses.
(3) 
Adequacy and arrangement of pedestrian traffic access and circulation, including but not solely limited to: separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(4) 
Location, arrangement and setting of off-street parking and loading areas.
(5) 
Location, arrangement, size and design of building, lighting and signs.
(6) 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a notice deterring buffer between these and adjoining properties.
(7) 
In the case of multiple-family complexes, the adequacy of usable open space for controlled and informal recreation.
(8) 
Adequacy of provisions for the disposal of stormwater, sanitary wastes, water supply for both fire protection and general consumption, solid waste disposal and snow removal storage areas.
(9) 
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(10) 
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(11) 
Retention of existing trees for protection and control of soil erosion, drainage and natural beauty.
(12) 
In the case of multiple-family complexes, average density developments, planned unit developments and commercial developments, excessive similarity and/or excessive dissimilarity or inappropriateness to any other structures existing or for which a permit has been issued or to any other structure included in the permit application.
(13) 
Full conformance with the stormwater management and erosion and sediment control provisions of Chapter 56 of the Town Code.
[Added 6-12-2006 by L.L. No. 4-2006]
B. 
In its review the Planning Board may consult with appropriate Town and county offices and agencies of the state and federal government. The Planning Board shall also conduct a public hearing in the case of applications involving special use permits and before site plan approval is granted for uses of land in connection with planned unit development.

§ 81-12 Planning Board procedures.

A. 
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 45 days of the receipt of an application deemed complete by the Planning Board and shall be advertised in the Town's official newspaper, or if there is none, in the newspaper of general circulation in the Town at least five days before the public hearing.
[Amended 4-14-2003 by L.L. No. 2-2003]
B. 
For application within 500 feet of the Town boundary, proposed or existing state or county park or recreation area, right-of-way, parkway, thruway road or highway, stream drainage channel or easement, public building or institution, not later than 10 days following receipt of a complete application for said project, the Zoning Administrator/Building Inspector shall notify and furnish the County Planning Board in accordance with § 239-l and m of the General Municipal Law, with such pertinent information as the County Planning Board may deem necessary for review and comment.
C. 
Within 45 days of receipt of an application deemed complete by the Planning Board or if a public hearing is held within 45 days of 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.
(1) 
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 and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant.
(2) 
Approval with modifications. The Planning Board may conditionally approve the final site plan. A copy of a written statement containing the modifications required by the conditional approval will be mailed to the applicant. 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 has been made, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant.
(3) 
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed with the Town Clerk and a copy thereof mailed to the applicant, together with the Planning Board's reasons for disapproval.
D. 
The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the imposition of a performance bond and/or letter of credit, restrictions of land against further development of principal buildings, whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that guidelines as to intensity or development as provided in this chapter shall be respected, and the imposition of reasonable conditions to ensure that the project will be adequately supported by services and improvements made necessary by the project and to ensure that the project will be completed in accordance with the terms of the application and any permit and including, without limitation, the requirements and conditions authorized under § 81-11 of this chapter. In addition, the Planning Board may require that the Zoning Administrator/Building Inspector incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.
E. 
Unless otherwise specified or extended by the Planning Board, a decision on any site plan review shall expire if the applicant fails to undertake the proposed action or project, to obtain any necessary building permits to construct any proposed new building(s) or change any existing building(s) or to comply with the conditions of said authorization within one year from the filing date of such decision thereof.

§ 81-13 Modifications and waivers.

A. 
The Planning Board, in addition to the foregoing section, may require such additional provisions and conditions that appear to promote further understanding of the applicant's proposal and are necessary for the purpose of ultimately protecting the health, safety and general welfare of the town's residents.
B. 
The Planning Board may, at its discretion, judge that certain requirements of this chapter are not applicable in its approval of a site plan and may therefore allow the applicant to submit only those elements which it deems necessary to the review and approval of the particular application.

§ 81-14 Enforcement.

The Zoning Administrator/Building Inspector shall have the power and duty to administer and enforce the provisions of this chapter. An appeal from an action, omission, decision or rules by the Zoning Administrator/Building Inspector regarding a requirement of this chapter may be made only to the Zoning Board of Appeals.

§ 81-15 Record keeping.

The original or a certified copy of all decisions, approvals, rulings and findings of any Board under this chapter and of all permits and certificates issued under this chapter shall be promptly furnished by the Zoning Administrator/Building Inspector to the Town Clerk and retained as a permanent Town public record.

§ 81-16 Appeals.

An action, omission, decision or ruling of the Planning Board pursuant to this chapter may be reviewed at the instance of any aggrieved person in accordance with Article 78 of the Civil Practice Law and Rules, but application for such review must be made not later than 30 days from the effective date of the decision or ruling or the date when the action or omission occurred, whichever comes later.

§ 81-17 Forms.

Unless otherwise stated, all petitions, applications and appeals provided for in this chapter shall be made on forms prescribed by the Planning Board. Completed forms shall be accompanied by whatever further information, plans or specifications as may be required by such forms.

§ 81-18 Additional fees.

A. 
Fees provided for by this chapter shall be paid upon the submission of application and appeals, in such amount or amounts as shall be adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule.[1] Said fees will be posted in the Building Department on the official Fee Schedule for the Town of Fort Edward.
[Amended 6-13-2005 by L.L. No. 6-2005]
[1]
Editor's Note: The Fee Schedule is on file in the Town offices. See § 50-1.
B. 
All fees shall be paid at the time of application to Town Clerk.
C. 
No fee shall be allowed to be substituted for any other required fee.

§ 81-19 Building permits.

A. 
Permit required. No building, structure or sign shall be erected, added to or structurally altered until a permit therefor has been issued by the Zoning Administrator/ Building Inspector. No new use of a building or structure shall be undertaken until a permit therefor has been issued by the Zoning Administrator/Building Inspector. No building permit, or where applicable, certificate of occupancy shall be issued for any building, structure, use or sign where said construction, addition, alteration or use would be in violation of any of the provisions of this chapter or of any other local law for the Town of Fort Edward.
B. 
Submittal requirements. There shall be submitted with all applications for building permits three copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings or signs to be erected and such other information as may be necessary to determine and provide for the enforcement of this chapter.
C. 
Permit certification. Upon receipt of all appropriate information and fees and after all requirements of this chapter have been met, the Zoning Administrator/Building Inspector shall issue a building permit. One copy of the submitted layout or plot plan certified by the Zoning Administrator/Building Inspector as to compliance with this chapter shall be returned to the applicant

§ 81-20 Future regulations or amendments.

A. 
Further regulation by Planning Board. 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.
B. 
Amendments.
(1) 
The Town Board may on its own motion, on petition or on recommendation of the Planning Board, after public notice and hearing, amend this chapter pursuant to all applicable requirements of the law.
(2) 
All proposed amendments originating by petition or by motion of the Town Board shall be referred to the Planning Board for a report and recommendation thereon. The Planning Board shall submit its report within 30 days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to constitute a recommendation for approval of the proposed amendment.

§ 81-21 Compliance.

Whenever the circumstances of proposed development require compliance with this Site Plan Review Law 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.

§ 81-22 Penalties for offenses.

Any person, corporation, partnership, association or other legal entity who shall violate any of the provisions of this chapter 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 by 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 such violation, disobedience, omission, neglect or refusal shall continue.