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Town of Webster, NY
Monroe County
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Table of Contents
Table of Contents
A. 
Prior to preliminary site plan approval, the applicant shall first have a sketch plan review with the Town Planning Board. The sketch plan review shall be conducted at a regularly scheduled meeting of the Town Planning Board but shall not be a public hearing. The purpose of the sketch plan review shall be to present to the Town Planning Board, for initial review, discussion and comment, a design concept or plan for the development of a parcel or parcels of land within the Town. During the review, the applicant and the Planning Board shall review and discuss the basic site design concept and generally determine the information to be required and provided on the preliminary site plan. No formal action shall be taken on the plan or the application at the time of the sketch plan. At the sketch plan review, the applicant should provide a written statement outlining the proposed project, along with a conceptual design sketch and the following additional information:
(1) 
General location of the site with respect to existing and proposed streets and rights-of-way, buildings and other facilities and natural features.
(2) 
Specific identification of all properties, subdivisions, and streets within 200 feet of the parcel.
(3) 
General identification of all existing utilities in the area.
(4) 
Identification of internal streets or traffic circulation patterns, if any, of the proposed development.
(5) 
The location of all existing and proposed structures on the site and designated uses for each.
(6) 
Identification of existing zoning classification(s) of the property and all adjacent properties and any restrictions on land use of the site.
(7) 
Identification of existing natural features on the site.
(8) 
A map of site topography at no more than five-foot contour intervals. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two feet of elevation shall be provided.
B. 
Following the sketch plan conference, the Town Planning Board may suggest to the applicant changes in the preapplication sketch involving street layouts, traffic patterns, access building sizes, shapes and/or locations, landscaping techniques, preservation of natural features or other matters which, in the opinion of the Board, would improve the site design concept.
A. 
All preliminary applications for site plan approval shall be made in writing on the appropriate forms pursuant to this schedule and shall include, as required by the Town Planning Board and/or the Town Department of Public Works, drawings, maps or other relevant data containing any or all of the following information. (Maps and drawings submitted as a part of preliminary site plan approval applications shall be prepared by a licensed engineer, architect, landscape architect or surveyor and certified by the seal and signature of such engineer, architect or surveyor.)
[Amended 5-7-2004 by L.L. No. 1-2004]
(1) 
A drawing title block, indicating the name and address of the applicant and the person responsible for the preparation of such drawing.
(2) 
The North arrow, scale, original date and last revision date for all maps.
(3) 
An area or location map showing that portion of the applicant's property under consideration, the applicant's entire adjacent holdings and all properties, subdivisions, streets and easements within 200 feet of the applicant's property.
(4) 
Identification of the boundaries of the property plotted to scale and the dimensions of the site and total acreage.
(5) 
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy; descriptions of provisions for solar energy use, energy conservation or other environmental design techniques.
(6) 
Current zoning of the property and any proposed zoning changes.
(7) 
The location of existing watercourses.
(8) 
A grading and drainage plan showing existing and proposed contours and methods of on-site drainage and/or water retention in accordance with Chapter 117 of the Town Code.
(9) 
The location, setbacks, heights and proposed use for all buildings and structures.
(10) 
Floor plans and elevations for all nonresidential buildings.
(11) 
The location of any docks, piers, moorings or similar accessory structures.
(12) 
The location, design and traffic circulation patterns for all parking areas and truck delivery areas, showing all ingress and egress points, driveways, drive aisles, etc.
(13) 
The location and size of all curb cuts.
(14) 
A description of provisions for pedestrian access and circulation, including sidewalks, handicapped parking areas and ramps, crosswalks and pavement markings, including any easements for public access along shoreline areas.
(15) 
The size, nature and location of any outdoor storage area and the location of any outdoor fencing, including size, height and type of construction.
(16) 
The location, design and construction materials of all existing or proposed site improvements such as drains, culverts, retaining walls, outdoor storage tanks, retention ponds, air-conditioning units and waste disposal units, etc.
(17) 
A description of the method of sewage and stormwater disposal and the location, design and construction materials of such facilities.
(18) 
A description of the method of securing public water and the location, design and construction materials of such facilities.
(19) 
The location of fire lanes and other emergency zones, including the location of all existing and proposed fire hydrants.
(20) 
The location, size, design and construction material of all proposed signs.
(21) 
The location and proposed development of all buffer areas, including existing and proposed vegetative cover, and the location of all existing stands of trees on the site.
(22) 
The location and design of outdoor lighting facilities (nonresidential only).
(23) 
A designation of the amount of building area to be used for retail sales or similar commercial activity, if any, and an estimate of the maximum number of employees to be on the site at any one time.
(24) 
A general landscaping plan and planting schedule, including the location and types of trees and shrubbery to be planted.
(25) 
An identification of all additional Town, county, state and federal permits, private easements or agreements, variances and/or other approvals that are necessary in order to complete the project as proposed and applications for all development permits required, if any, under the provisions of the zoning regulations of the Town Environmental Protection Overlay Districts.[1]
[1]:
Editor's Note: See § 225-8, Environmental Protection Overlay Districts.
(26) 
Temporary and permanent provisions for controlling erosion from the site.
(27) 
A description of on-site soils as available in the Monroe County Soils Survey.
(28) 
Any other data, information, maps or drawings that are deemed necessary by the Town Planning Board and/or Town Department of Public Works in order to make a decision regarding the application for preliminary site plan approval.
(29) 
For site plan review applications for development proposed within 500 feet of the Irondequoit Bay or Lake Ontario shoreline, a soil survey shall be required containing the following information:
(a) 
A two-foot contour map on a scale of one inch equals 200 feet or larger scale.
(b) 
One soil boring 48 inches deep or deeper per two acres of development.
(c) 
One deep hole pit eight feet deep or deeper per 10 acres of development (at least one pit per development site).
(d) 
A map showing the locations of soil borings and deep hole pits.
(e) 
A map showing separation of intensive soil map units (soil map).
(f) 
Soil descriptions, unless keyed to county soil survey descriptions.
(g) 
A log of soil borings and deep hole pits.
(h) 
A summary letter written and signed by a professional soil scientist.
(30) 
For all properties west of Bay Road and all properties north of Lake Road, a visual analysis of the proposed development site which identifies all significant scenic views and vistas and a cultural resource analysis of the site which identifies all significant historic, architectural, archaeological or other cultural buildings or structures. The visual EAF addendum prepared by the New York State Department of Environmental Conservation shall be used to supply information for the visual impact analysis required above.
(31) 
The location, name, width and design of existing and proposed streets.
(32) 
The length of street straight lines, deflection angles, radii, length of curves and control angles of curves, tangent distances and bearings for each street.
(33) 
A typical cross section of street and sidewalk showing character, width and depth of pavement and subbase.
(34) 
The location of manholes, curbs and gutters and underground conduits.
(35) 
Evidence of a permit to tie it into county or state roads.
(36) 
All dimensions and angles of lot lines in feet and decimals thereof.
(37) 
All lots are to be numbered.
(38) 
The size and location of proposed water mains, hydrants and valves and connection with existing water supply.
(39) 
(Reserved).
(40) 
Dedicated utilities to be outside of the paved areas.
B. 
A letter of intent prepared by the applicant or his designated representative or agent shall accompany the preliminary site plan application and shall include a statement outlining the proposed project, the owner of the property and any proposed building, the project builder or contractor, if known, a proposed construction schedule, the principals involved in the financing of the project and any other information deemed necessary by the Town Department of Public Works. Such additional information may include data on the nature and legal status of existing or proposed easements, a description of all deed restrictions or covenants applicable to the property, etc.
C. 
Appropriate fees to cover the costs of processing the application for preliminary site plan approval shall accompany the application and shall be paid to the Town Clerk upon filing with the Town Planning Board. Such fees shall be established by the Town Board by resolution, may from time to time be changed by the Board and shall not be refundable.
The Town Planning Board's review of a preliminary site plan application shall include but shall not be limited to the following considerations:
A. 
The adequacy and arrangement of pedestrian access and circulation into and through the site (including separation of pedestrian and vehicular traffic), the location and design of walkway structures, control of intersections where vehicular and pedestrian traffic converge and overall pedestrian convenience and safety in the site, and the adequacy of facilities designed to assist handicapped persons using the facility.
B. 
The adequacy and arrangement of vehicular access and circulation into and through the site (including separation of pedestrian and vehicular traffic) and the location and design of driveways, drive aisles and curb cuts.
C. 
The adequacy, type and arrangement of trees, shrubs and other landscaping on the site for use as visual and/or noise-deterring buffers between adjoining land uses or as natural design elements to enhance the aesthetic aspects of the project.
D. 
In the case of an apartment building, townhouse or other form of multifamily dwelling, the adequacy of usable open space areas for playgrounds and/or other recreational facilities.
E. 
The adequacy, location and design of parking facilities, loading and unloading areas and docking facilities.
F. 
The adequacy of stormwater and drainage facilities.
G. 
The location, arrangement, size and design of buildings, exterior lighting and signage.
H. 
The adequacy of water supply to the site and sewage and refuse disposal facilities.
I. 
The protection of solar access on adjacent or neighboring properties.
J. 
The protection of adjacent properties and the general public against noise, glare and unsightliness or other objectionable influences.
K. 
The adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and pooling and/or erosion.
L. 
Proposed grading of the site.
M. 
The adequacy of all temporary and permanent provisions to control erosion from the site, maintain existing vegetation and wildlife habitats within the site, deal with peculiar soil types on the site and other similar site environmental problems.
N. 
The adequacy, design and location of fire lanes, emergency access zones or other similar areas intended to provide ingress and egress for emergency vehicles and the adequacy and location of fire hydrants.
O. 
Provisions for snow storage and/or removal.
P. 
The proposed construction scheduled or phasing of the project and its relationship to overall project design.
Q. 
General project conformance with accepted planning, engineering and site design standards and criteria.
R. 
The adequacy, location and design of shoreline/erosion protection structures.
S. 
The adequacy, size, location and design of boat docking facilities, fishing piers, slips, catwalks, boat launching ramps and other similar facilities.
T. 
The adequacy of provisions for pedestrian access to the shore zone for particular sites.
U. 
The aesthetic and architectural qualities of the proposed project, particularly building styles and construction materials used, as they relate to any unique characteristics of a particular site and the surrounding natural environment.
V. 
The compliance of the plan to the design guidelines, as much as pertinent, as adopted by the Town Planning Board.
W. 
If requested, the applicant may be required to work with the Planning Board's architectural consultant.
[Added 5-7-2004 by L.L. No. 1-2004]
A. 
The Town Planning Board shall conduct a public hearing on the proposed preliminary site plan. Such public hearing shall be conducted within 62 days of the date of receipt of the application for preliminary site plan approval and a legal notice published in the official newspaper of the Town of Webster at least five days prior to the public hearing. The applicant shall be responsible for notifying, by first class mail, all property owners of record within 300 feet of the outside perimeter or boundary line of property involved in the preliminary application of the time, date and place of such public hearing by mail at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property records of the Town Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the Planning Board his/her affidavit of mailing such notices. Failure to receive such notice shall not be deemed a jurisdictional defect of the Planning Board.
B. 
Prior to the approval of any development application by the Town Planning Board, the Town Department of Public Works shall review such application and make recommendations to the Board concerning the project. Such recommendations shall include an identification of any variances required for the project and/or possible problems with the general site plan design, parking or building layouts, ingress or egress, building density or setbacks, pedestrian and vehicular circulation and other land use, site design, zoning or environmental problems or concerns. Such recommendations may also include possible alternative design solutions. The Town Department of Public Works shall be responsible for coordinating all other Town permit procedures necessary for any given project or proposed development, including the Town environmental quality review process and the procedures for obtaining development permits within Environmental Protection Overlay Zoning Districts.
C. 
The Town Planning Board shall be responsible for referring, as necessary or required, any development project to the various departments or agencies prior to any final action being taken by the Town Planning Board on the application. The Town Planning Board shall also be responsible for referring certain site development plans to the Monroe County Department of Planning for a report in accordance with the provisions of § 239-m of the General Municipal Law prior to any final action being taken on the application by the Town Planning Board.
D. 
Within 62 days of the receipt of an application for preliminary site plan approval, the Town Planning Board shall act on it. If no decision to deny such an application is made within said sixty-two day period, and upon completion of all other requirements by the applicant, the preliminary site plan shall be considered approved. The sixty-two day time limit for action on the preliminary site plan may be extended by mutual consent or agreement of the Town Planning Board and the applicant.
[Amended 5-7-2004 by L.L. No. 1-2004]
E. 
The Town Planning Board may approve an application for site plan review when, based on the information presented at the public hearing, it has determined that the project will adequately and appropriately address the considerations and criteria listed above. The Town Planning Board may place reasonable restrictions or stipulations on such applications in order to ensure that the project will adequately and appropriately address the considerations and criteria listed above.
F. 
The Planning Board's decision shall refer to a specific site plan drawing by date and number and may include recommendations of desirable modifications to be incorporated into the final site plan. Conformance with said modifications shall be considered a condition of project approval. If the preliminary site plan is disapproved, the Planning Board's decision shall clearly state the reasons for such denial. In such case, the Planning Board may recommend further study of the site plan and resubmission to the Board after it has been revised or redesigned.
A. 
After receiving preliminary approval, with or without modifications, from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare a final detailed site plan and submit it to the Planning Board for approval. If more than six months has elapsed since the time of the Planning Board's action on the preliminary site plan or if the Planning Board finds that conditions may have changed significantly in the interim, the Planning Board may a require a resubmission of the preliminary site plan and an additional public hearing for further review and possible revision prior to accepting the proposed final site plan for review.
B. 
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It shall incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. In addition to that provided elsewhere in this chapter, the Planning Board may require a letter of credit, bond or maintenance bond for any facility or improvement that is indicated as part of the plan, such as parking areas and buffer and screen devices. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
C. 
In addition to final detailed site plans, the following additional information shall accompany an application for final site plan approval:
(1) 
A record of application for and approval status of all necessary permits from Town, county and state departments or agencies.
(2) 
Submission of all proposed easement agreements.
(3) 
Any other information or data deemed necessary by the Town Department of Public Works and/or Town Planning Board.
D. 
There shall be no additional fee required for review of an application for final site plan approval. Such review shall take place at a regularly scheduled meeting of the Town Planning Board but shall not require a public hearing.
E. 
If the final detailed site plan is substantially different from the approved preliminary plan, then the applicant shall present any modifications to the Planning Board as a preliminary site plan in accordance with the approval procedures found in this section. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the Planning Board resolution which approved the preliminary site plan. If a negative decision is reached, the site plan shall be considered to be disapproved.
A. 
Within 60 days of receipt of the application for final site plan approval, the Planning Board shall notify the Town Building Official of its decision. If no decision is made within the sixty-day period, and upon the applicant's completion of requirements to be met, the final site plan shall be considered approved. However, the sixty-day time period may be extended by mutual consent of the Town Planning Board and the applicant. The Planning Board's decision shall clearly refer to a specific site plan by drawing number and date.
B. 
Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward such copy to the Town Building Official. Upon disapproval of a final site plan, the Planning Board shall so inform the Building Official and the Building Official shall deny a building permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval or approval. Town Planning Board approval of a final site plan shall expire after one year from the date of such decision, unless a building permit has been taken out within such time period for work indicated on the final site plan and site development and/or construction has begun as determined by the Town Planning Board. An application for preliminary or final site plan approval that has been denied by the Town Planning Board may not be resubmitted to the Board for a period of one year from the date of such decision unless such plan has been changed or revised to reflect the concerns and recommendations of the Planning Board indicated in its notice of denial.
C. 
In taking action on applications for final site plan approval, the Town Planning Board shall ensure that, to the maximum extent possible, the minimum requirements of the Town Zoning Ordinance[1] have been met or that appropriate variances have been granted by the Town Zoning Board of Appeals. The Town Planning Board may impose additional restrictions or conditions on applications for final site plan approval beyond the general requirements of the Town Zoning Ordinance, but within the scope and authority of this section, if it determines that such restrictions or conditions are necessary to ensure project conformance with generally accepted planning, engineering and design standards and criteria or to minimize the project's adverse impact on adjacent land uses and other physical and environmental features or are directly related to the health, safety or general welfare of the community. Such additional restrictions or conditions shall be in the form of a resolution of approval as a condition of final site plan approval. Final site plan approval cannot be granted for any project until all necessary variances from the Town Zoning Board of Appeals have been granted and/or all use permits from the Town Board have been granted and a review or referral has been received concerning the project from the Monroe County Planning Department in accordance with the provisions of §§ 239-l and 239-m of the General Municipal Law, if required.
[Amended 5-7-2004 by L.L. No. 1-2004]
[1]:
Editor's Note: See Ch. 225, Zoning.
D. 
The following documents shall be submitted upon approval of the final site plan:
[Added 5-7-2004 by L.L. No. 1-2004]
(1) 
Payment of necessary engineering and legal fees.
(2) 
A certified copy of the deed checked against plat boundaries.
(3) 
A tax search showing no unpaid taxes.
(4) 
A certified copy of the deed or an attorney's certificate of title.
(5) 
Easement agreements, when required.
(6) 
A permit for connection to county or state roads.
(7) 
A statement of dedication of streets and utilities.
(8) 
Improvement districts processed.
(9) 
Approval of the County Health Department.
(10) 
Payment of Planning Board fees.
(11) 
Map signatures required:
(a) 
Certificates by the applicant's representatives, as required by New York State law.
(b) 
Commissioner of Public Works.
(c) 
Town Assessor.
(d) 
Town Highway Superintendent.
(e) 
Monroe County Health Department.
(f) 
Planning Board Chairman or Secretary.
(g) 
Fire Marshal.
(h) 
Water Department official.
(i) 
Sewer Department official.
(12) 
The following certifications will be required and placed on the subdivision plat map:
(a) 
It is hereby certified that all lots shown hereon fully comply with the Zoning Ordinance (Chapter 225) and the Subdivision Rules and Regulations of the Town of Webster.
(b) 
The subdivision is well drained and is not subject to flooding or standing water.
(c) 
All sanitary sewers are in compliance with the specifications and sewer policy of the Town of Webster.
(d) 
The grade level at the front building line is 1/4 inch per foot above the center of the road, or (when applicable) grade level requirements have been waived by the Planning Board due to the topography within the subdivision.
(e) 
The area occupied by the right-of-way for public roads or streets is _______ square feet.
(f) 
All right-of-ways indicated on this map shall be considered temporary easements to the Town of Webster. The easement shall be for the purpose of ingress and egress, and maintenance of utilities, and the Town may also assign the easement for the purpose of extending roads or utilities.
The Town Planning Board may take any one of the following actions on an application for preliminary or final site plan review:
A. 
Preliminary approval: Application is given preliminary site plan approval as presented.
B. 
Preliminary approval with modifications: Application is given preliminary site plan approval subject to certain modifications being made in the plan that will be shown on the final site plan.
C. 
Disapproval: Application for site plan approval is denied based upon reasons stated in the decision.
D. 
Disapproval without prejudice: Application for site plan approval is denied based upon reasons stated in the decision. However, the Planning Board may reconsider the application if substantial changes are made in the site plan design or overall project concept. A new application fee for the Planning Board is required, and the additional public hearing is required if and when the new plans are submitted.
E. 
Final approval: Application is given final site plan approval as presented.
F. 
Final approval with modifications or conditions: Application is given final site plan approval subject to certain modifications or conditions contained in the decision or resolution of approval.
[Amended 5-7-2004 by L. L. No. 1-2004]
G. 
Reserve decision.
[Amended 5-7-2004 by L.L. No. 1-2004]
H. 
Tabled: Preliminary site plan hearing is postponed pending receipt of additional information, appearance of applicant or a representative, or for other reasons as determined by the Planning Board.
[Amended 5-7-2004 by L.L. No. 1-2004]
Reasonable costs incurred by the Town Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan that are over and above the basic application fee shall be charged to the applicant at a rate as established by the Town Board.
Whenever the particular circumstances of a proposed development require compliance with either special use or environmental protection permits or procedures as found in this chapter or requirements of the Town's Land Subdivision Regulations[1] or SEQR regulations, then the Town Planning Board and Town Department of Public Works shall attempt to integrate, where possible, site plan review as required by this section with the procedural and submission requirements for such other compliance.
[1]:
Editor's Note: See Ch. 192, Subdivision of Land.
An application which has received final site plan approval within one year of the enactment of any change to the Webster Town Code will have one year to commence meaningful construction, as determined by the Planning Board, from the date of that final site plan approval. If final approval of any phase is received before adoption of the new legislation, and meaningful construction, as determined by the Planning Board, has occurred within one year after final approval has been granted, then the original Code section will apply to the application.
[Added 5-7-2004 by L.L. No. 1-2004[1]]
No construction or grading work shall begin prior to final Planning Board approval and:
A. 
All plans have received the appropriate approvals, and signatures have been filed with the Town of Webster and Monroe County.
B. 
All required special districts have been established.
C. 
All required easements have been approved by the Town and filed with Monroe County. Proof of filing in the form of a receipt with liber and page must be provided.
D. 
An approved engineer's estimate and valid letter of credit must be filed with the Town.
E. 
Proof of highway work permits from the Superintendent of Highways having jurisdiction for the right-of-way.
F. 
All fees have been paid.
[1]:
Editor's Note: This local law also renumbered former § 228-14 as § 228-15.
Failure to comply with § 228-10 and the conditions specified in final site plan approval shall constitute a violation of this chapter subject to the penalties of § 228-51.
[Added 5-7-2004 by L.L. No. 1-2004]
A. 
If the final approval of a site plan has expired, pursuant to § 228-9B, and if the applicant desires to proceed with the project, the applicant shall be required to reapply for preliminary and final approval.
B. 
An application may be made to the Planning Board for an extension of final approval prior to the expiration of such final approval, with sufficient time to allow the required publication and notice and public hearing prior to the expiration of said final approval. Such public hearing shall be held to consider whether such extension shall be granted. The Planning Board may require additional conditions or modifications to said final approval.