A.
This chapter shall be enforced by the Building Inspector,
who shall be appointed by the Town Board in the same manner and with
the same powers as now or hereafter practiced or provided under the
Building Code.
B.
No building permit or certificate of occupancy shall
be issued by the Building Inspector, and no permit or license for
any purpose shall be issued by any official of the Town, if the same
would be in conflict with the provisions of this chapter.
A.
No building or structure shall be erected, added to
or structurally altered until a permit therefor has been issued by
the Building Inspector, in accordance with the provisions of the Building
Code.
B.
All applications for building permits shall be accompanied
by two copies of a plot plan, drawn to scale and accurately dimensioned,
showing the location of all existing and proposed buildings and structures
on the lot, and such other information as may be required by the Building
Inspector to determine compliance with this chapter.
C.
No land shall be used or occupied, and no building
or structure hereafter erected, altered or extended shall be used
or changed in use, until a certificate of occupancy shall have been
issued by the Building Inspector in accordance with the provisions
of the Building Code, if any.
D.
All certificates of occupancy for new or altered buildings
or structures shall be applied for coincident with the application
for a building permit. Such certificate of occupancy shall be issued
within 10 days after the erection or alteration shall have been approved
as complying with the provisions of this chapter.
A.
Powers and duties.
(1)
In addition to those other powers and duties assigned
to it by law, the Planning Board is hereby empowered to perform the
following functions:
(2)
All resolutions or official actions of the Planning
Board shall require the concurring vote of a majority of the Board.
B.
Special permits. Pursuant to an application, the Planning Board is hereby authorized to issue special permits for uses specifically listed as eligible for such a permit in Article III, Use Regulations, in the district in which it is proposed, subject to the following regulations and procedures:
(1)
Application. Each application for a special permit shall be submitted in duplicate to the Planning Board, either directly or via the Building Inspector, on a form provided by the Board and accompanied by the fee established therefor. A site plan, including all data set forth in Subsection C below, shall also accompany the application.
(2)
Public notice and hearing.
(a)
Public hearing schedule. The Planning Board
shall schedule a public hearing to be held within 62 days of receipt
of a complete application for a special permit.
(b)
Hearing notice. Notice of the public hearing
shall be published in the official newspaper of the Town at least
10 days prior to the date of such hearing. In addition, the Planning
Board shall cause notice of such hearing to be mailed to the applicant
and to all property owners within 200 feet of the subject property
at least 10 days prior to the public hearing. Such notices shall be
sent to the owner's last known address as shown on the most recent
Town tax records.
(c)
Referral to County Planning Board. The application
for a special permit shall also be referred at least 10 days before
the public hearing to the Ulster County Planning Board if the location
of the subject property requires referral in accord with §§ 239-l
and 239-m of the General Municipal Law.
(3)
Decision and findings.
(a)
Criteria for decisions. The Planning Board shall only approve the issuance of a special permit if it finds that the criteria set forth in § 75-28 have been met.
(b)
Findings and conclusions.
[1]
Within 62 days after the public hearing, the
Planning Board shall render its decision as to whether to issue the
special permit and shall make a written report setting forth its findings
and conclusions and the basis for its decision.
[2]
The decision of the Board shall be filed within
five business days with the Town Clerk and a copy thereof mailed to
the applicant.
(c)
Additional conditions. When issuing a special
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. Such conditions may include a requirement
that the special permit be periodically renewed. Such renewal shall
only be withheld, following due public notice and hearings, upon a
determination that the applicant has not complied with the provisions
of the original application or with any conditions prescribed by the
Board in conjunction with approval of such application. In such case,
the applicant shall be granted a period of 62 days within which to
achieve full compliance with all conditions prior to revocation of
the special permit.
(d)
Revocation. If a building permit is not applied
for within one year from the date a special use permit is issued,
the special use permit shall be considered revoked unless an extension
is applied for and granted by the Planning Board.
(4)
Area variance. In the event that an application for a special use permit proposes one or more features which will not comply with the bulk and dimensional requirements of this chapter, the applicant may apply to the Rosendale Zoning Board of Appeals for an area variance, pursuant to § 75-44 of these regulations, without the necessity of a decision or determination of the Building Inspector. In reviewing such a request the Zoning Board of Appeals shall request that the Planning Board provide a written recommendation concerning the proposed variance.
C.
Site plan approval.
(1)
Uses requiring site plan approval. A site plan shall be reviewed for all uses designated as requiring site plan approval in Article III, Use Regulations. No building permit shall be issued for a use requiring such approval prior to review and approval of a site plan by the Planning Board in accord with the provisions of this section. In all cases where any amendment of such plan is proposed, the applicant must also secure the approval of the amendment by the Planning Board. No certificate of occupancy may be issued for any building or use of land, within the purview of this section, unless the building is constructed or used or the land is developed or used in conformity with an approved site plan or an amendment of any such plan.
[Amended 9-13-2000 by L.L. No. 3-2000]
(a)
Site plan approval shall not be required in
the following instances:
[1]
Reoccupancy or change of use in an existing
structure when the nature of the use is the same as or similar to
the prior use and the amount of traffic generated or parking spaces
required by the new use is similar to that of the prior use.
[2]
Additions to an existing structure when such
addition has a floor area of less than 100 square feet and does not
cause a change to internal traffic circulation, parking layout or
existing landscaping.
(b)
Validity. The validity of any provision of this
subsection shall not affect the validity of any other provision of
this subsection which can be given effect without such invalid provision.
(c)
Effective date. This subsection shall take effect
immediately upon filing with the office of the Secretary of State
as provided in § 27 of the Municipal Home Rule Law of New
York State.
(2)
Objectives of site plan review. In reviewing site
plans, consideration shall be given to the public health, safety and
welfare, the comfort and convenience of the public in general or the
residents or users of the proposed development and of the immediate
neighborhood in particular and the accomplishment of the following
objectives in particular:
(a)
That the design of all structures is compatible
with that of surrounding structures. Compatibility shall be determined
by a review of proposed use of materials, scale, mass, height, color,
texture and location of the structure or structures on the site.
(b)
That all proposed traffic accessways 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 other similar safety considerations.
(c)
That off-street parking and loading spaces are
designed to prevent obstruction in public streets, and that the interior
circulation system is adequate to provide safe accessibility to all
required off-street parking lots, loading bays and building services.
(d)
That all playground, 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 such as to enhance the character of the Town and is
in character with that generally prevailing in the neighborhood.
(e)
That all outdoor lighting is of such nature
and so arranged as to preclude the diffusion of glare onto adjoining
properties and streets.
(f)
That the drainage system and the internal water
and sewer systems are adequate and the all connections to Town systems
are in accordance with Town standards.
(g)
That the site plan and building design accommodate
the needs of the handicapped and are in conformance with the state
standards for construction concerning the handicapped.
(h)
That the site plan and building design maximize
the conservation of energy to the extent feasible.
(3)
Procedure.
(a)
Presubmission. Prior to the submission of a
formal site plan, the applicant shall meet in person with the Planning
Board and/or its designated representative to discuss the proposed
site plan in order to determine which of the subsequent requirements
may be necessary in developing and submitting the required site plan.
(b)
Within six months following the presubmission
conference, the site plan and any related information shall be submitted
to the Building Inspector in as many copies, not to exceed 10, as
may be agreed during the presubmission conference. The site plan shall
be accompanied by a fee in accordance with the schedule of fees of
the Town of Rosendale. If not submitted within this six-month period,
another presubmission conference may be required.
(c)
The Building Inspector shall certify on each
original or amended site plan whether or not the application is complete
and whether the plan meets the requirements of all the provisions
of this chapter other than those of this section regarding site plan
review. He shall act to certify the application or return it to the
applicant for completion or revision within 30 calendar days of submission
by the applicant.
(d)
Following such certification, the application
shall be forwarded to the Planning Board at least 10 days prior to
its next regular meeting which shall be considered the official submission
date.
(e)
Simultaneously with its submission to the Planning
Board, the certified application shall be forwarded to the Chief of
Police, Fire Chief, Highway Superintendent, Sewer and/or Water District
Engineer and, where required, to the County Planning Board, County
Highway Department and any other agency that the Building Inspector
deems appropriate.
(f)
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 for a special permit shall be followed.
(g)
The Planning Board shall act to approve, disapprove
or approve with conditions any such site plan within 62 days after
the public hearing or, if no hearing is held, within 62 days of the
official submission date. Failure to act within said 62 days shall
be deemed to be approval. Conditional approval by the Planning Board
shall include written findings upon any site plan element found contrary
to the provision or intent of this chapter. In reviewing the application,
the Planning Board shall consider whether a proposed plan will conform
to the intent and requirements of this chapter and/or what revisions
are appropriate. All conditions must be satisfied prior to issuance
of a building permit.
(h)
Amendments to a previously approved site plan
shall be acted upon in the same manner as the original site plan.
(i)
Application for area variance. In the event that a proposed site plan or site plan amendment contains one or more features which will not comply with the bulk or dimensional requirements of this chapter, application may be made to the Town of Rosendale Zoning Board of Appeals for an area variance, pursuant to § 75-44 of these regulations, without the necessity of a decision or determination of the Building Inspector. In reviewing such a request the Zoning Board of Appeals shall request that the Planning Board provide a written recommendation concerning the proposed variance.
(4)
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 during this period shall
cause the site plan approval 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.
(5)
Required submission. The data set forth below shall
be submitted in support of request for site plan approval. The Planning
Board, at the request of the applicant, may waive such information
as it deems not relevant to its review or which would cause unusual
hardship to obtain.
(a)
Legal data.
[1]
The names of all owners of record of the property
in question and of all adjacent property and the lot, block and section
number of such properties as shown on the Official Town Tax Assessment
Maps.
[2]
Existing zoning and special district boundaries.
[3]
Boundaries of the property, building or setback
lines, if different from those required in the Zoning Ordinance, and
lines of existing streets and lots as shown on the Official Assessment
Maps. Reservations, easements and areas dedicated to public use shall
also be shown.
(b)
Existing buildings. A drawing showing the location
of existing buildings on the site and on adjacent property if within
50 feet of the property line.
(c)
Development data.
[1]
Title of development, date, North point, scale
and the name and address of record owner, engineer, architect, land
planner or surveyor preparing the plan.
[2]
The proposed use or uses of land and buildings
and proposed location of buildings.
[3]
All means of vehicular ingress and egress to
and from the site onto public streets.
[4]
The location and design of any off-street parking
areas or loading areas.
[5]
The location of all proposed water lines, valves
and hydrants and of all sewer lines or alternative means of water
supply and sewage disposal and treatment.
[6]
The proposed location, direction, power and
hours of operation of proposed outdoor lighting.
[7]
The proposed screening and landscaping plan.
[8]
Proposed stormwater drainage system.
(d)
Additional data which may be required. Where,
due to special conditions peculiar to a site or the size, nature or
complexity of the proposed use or development of land or buildings,
the Planning Board finds that all or portions of the additional data
listed below are necessary for proper review of the application, it
may require any or all of the data to be included in the required
submission.
[2]
Existing facilities. Location of existing water
mains, culverts and drains on the property, with pipe sizes, grades
and direction of flow.
[3]
Topographic data.
[a]
Existing contours with intervals of five feet
or less, referred to a datum satisfactory to the Board.
[4]
Development data.
[a]
All proposed lots, easements and public and
community areas; all proposed streets with profiles indicating grading
and cross sections showing width of roadway, location and width of
sidewalk and location and size of utility lines. All lengths shall
be in feet and decimals of a foot, and all angles shall be given to
the nearest 10 seconds or closer if deemed necessary to the surveyor.
The error of closure shall not exceed one to 10,000.
[b]
All proposed grades.
(e)
If a stormwater pollution prevention plan (SWPPP)
is not required, the subdivision plan will include GPS (Global Positioning
System) reference data for stormwater outfalls and permanent structures
built in accordance with the New York State Management Design Manual.
[Added 12-12-2007 by L.L. No. 6-2007]
D.
Advisory opinions. 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. In the case of an appeal for a variance or other application
before the Zoning Board of Appeals, the Planning Board shall have
15 days prior to the public hearing, or such longer time as may have
been agreed upon by it and the Board of Appeals, in which to prepare
and submit its advisory opinion. In the case of a proposed amendment
to this chapter under consideration by the Town Board, the Planning
Board shall have 62 days prior to the public hearing, or such longer
time as may have been agreed upon by it and the Town Board, in which
to prepare and submit its advisory opinion. Failure to submit an opinion
within the foregoing time periods shall be deemed to be approval of
the proposed action.
E.
Review and filing fees.
(1)
Presubmission review. Presubmission review of site
plans and special use permits does not require payment of a fee or
filing of a formal application to the Planning Board.
(2)
Formal application. An application for approval of
a site plan or special use permit with site plan shall be accompanied
by a fee in accord with a schedule adopted by the Town Board.
(3)
Professional review expenses. Applicants shall be responsible for professional review expenses as set forth in Article XII, Professional Review Expenses, in addition to any filing fees set forth herein.
[Amended 5-13-2009 by L.L. No. 3-2009]
(4)
Environmental impact statements review. In the event
that the proposed site plan or special use permit application has
been determined either by the Planning Board or by another governmental
agency having approval jurisdiction over the site plan or special
use permit application to have a potential significant effect upon
the environment as provided for in Title 6, New York Code of Rules
and Regulations, Part 617 (State Environmental Quality Review Act),
and an environmental impact statement must then be prepared and submitted,
the applicant shall pay the reasonable fees, disbursements and/or
costs incurred by the Town Engineer, the Town Planner and other specialists
in the course of review of said environmental impact statement.
