The purpose of site plan approval is to determine
compliance with the objectives of this chapter in those zoning districts
where inappropriate development may cause a conflict between uses
in the same or an adjoining zoning district by creating unhealthful
or unsafe conditions and thereby adversely affecting the public health,
safety and general welfare.
In the review and approval of site plan applications,
the Planning Board shall have such authority as may be provided in
§ 274-a of the Town Law.
[Amended 3-13-2000 by L.L. No. 1-2000; 2-11-2015 by L.L. No.
4-2015]
A.
Site plan approval shall be required in accordance with the provisions
of this article prior to the issuance of a building permit in any
zoning district, the grant of a permit for a new use or change in
use or approval of a special use or modification of a special use,
including but not limited to new structures or uses, expansion, alteration
or modification of existing structures or uses and legal conversion
of an existing structure to another use. The requirement of site plan
approval shall specifically include:
(2)
Location and construction of a single one- or two-family dwelling
on a single lot not in an approved subdivision (sometimes known as
a "one-lot subdivision").
(3)
Location and construction of ponds, except where such pond is included in an application for subdivision of land or in an application for site plan approval for overall development of a lot, or where an excavation permit has been obtained pursuant to Chapter 47 of this Code.
(4)
Construction of a building or structure, customarily considered an
accessory building or structure, including but not limited to a garage,
shed or storage building, on a lot in an RA District which is vacant
or on which there is not already existing a principal building or
structure.
(5)
Exterior alterations or additions to existing structures in any district
other than an RA District.
B.
Notwithstanding the foregoing, the following shall not require site
plan approval pursuant to this article:
(1)
Construction of a single one- or two-family dwelling on a single
lot in an approved subdivision.
(2)
In an RA District, other than a pond, the location and construction
of permitted accessory structures to one- and two-family dwellings
which are not in excess of 3,000 square feet.
(3)
Ordinary repair or maintenance or interior alterations to existing
structures or uses.
(4)
In an RA District, exterior alterations or additions to one- and
two-family dwellings.
A.
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 proposal prior to the
preparation of a detailed site plan and to provide the Planning Board
with an opportunity to review the basic site design concept, to advise
the applicant as to potential problems and concerns and to generally
determine the information to be required on the site plan.
B.
In order to accomplish these objectives, the applicant
shall provide the following at least two weeks prior to the date of
the regular meeting of the Planning Board at which the sketch plan
is to be discussed:
(1)
A statement and rough sketch, showing the locations
and dimensions of principal and accessory structures, parking areas,
signs, existing and proposed vegetation and other existing or planned
features; anticipated changes to existing topography and natural features;
proposed water supply and sewage and waste disposal facilities; provisions
for storm drainage, recreation and open space; and, where applicable,
measures and features to comply with flood hazard and flood insurance
regulations.
(2)
An area map showing the parcel under consideration
for site plan review and all properties, subdivisions, streets, rights-of-way,
easements and other pertinent features within 500 feet of the boundaries
of the parcel.
(3)
A topographic or contour map of adequate scale and
detail to show site topography.
(4)
An economic analysis of the project, indicating, as
applicable, such information as cost of construction and development,
proposed rentals, market area, cost and manner of providing public
utilities, etc.
C.
The Planning Board, upon review of the sketch plan
and with the concurrence of the Engineer for the Town as deemed appropriate
by the Planning Board, may waive requirements for application materials
for developments for which, due to character, size, location or special
circumstances, such information is not required in order for the Planning
Board to properly perform site plan review.
A.
Application contents. An application for site plan
approval shall be made in writing to the Planning Board and shall
be accompanied by supporting information and documentation. If a sketch
plan conference was held, the supporting information shall include
the elements identified by the Planning Board at said sketch plan
conference. The application for site plan approval shall include the
following information prepared by a licensed engineer, architect,
landscape architect or surveyor:
(1)
An area map showing the applicant's entire holding,
that portion of the applicant's property under consideration and all
properties, subdivisions, streets and easements within 500 feet of
the applicant's property.
(2)
A map of site topography at no more than five-foot
contour intervals. If the site has susceptibility to erosion, flooding
or ponding, contour intervals of not more than two feet of elevation
should also be provided.
(3)
The title of drawing, including name and address of
the applicant and the person responsible for preparation of such drawings.
(4)
North arrow, scale and date.
(5)
Boundaries of the property plotted to scale.
(6)
Existing buildings.
(7)
Grading and drainage plan, showing existing and proposed
contours, rock outcrops, depth to bedrock, soil characteristics and
watercourses.
(8)
Location, design, type of construction, proposed use
and exterior dimensions of all buildings.
(9)
Location, design and type of construction of all parking
and truck loading areas, showing ingress and egress.
(10)
Location, design and type of construction of all pedestrian
access.
(11)
Location of outdoor storage, if any.
(12)
Location and design of all existing and proposed site
improvements, including drains, culverts, walls, fences, hedges and
screen plantings.
(13)
Description of the method of public water supply and
sewage disposal and location of such facilities.
(14)
Location of fire and other emergency zones, including
the location of hire hydrant.
(15)
Location and design of all energy distribution facilities,
including electrical, gas and solar energy.
(16)
Location, sign, design and type of construction of
all proposed signs.
(17)
Location and proposed development of all buffer areas,
including existing vegetative cover.
(18)
Location and design of outdoor lighting facilities.
(19)
Identification of the location and amount of building
area proposed for each intended use, including storage and common
areas.
(20)
General landscaping plan and planting schedule.
(21)
An estimated project construction schedule.
(22)
Record of application for and approval status of all
necessary permits from state and County agencies.
(23)
Identification of any state or County permits required
for the execution of the project.
(24)
Other elements integral to the proposed development
as considered necessary by the Planning Board.
(25)
Part 1 of an environmental assessment form (EAF) in
accordance with the state environmental quality review regulations
(SEQR).
B.
Date of application. The above-described information
and documentation shall be submitted to the Planning Board at least
two weeks before the next regularly scheduled Planning Board meeting.
The Planning Board may request from the applicant additional copies
of application materials for distribution to the Planning Board prior
to the meeting. At the regularly scheduled meeting, the Planning Board
shall determine whether the application is complete. If the application
is not complete, the Planning Board shall list the additional information
required and shall mail such list to the applicant. The minutes of
the meeting may satisfy this requirement. The date of the regularly
scheduled Planning Board meeting at which the application is determined
to be complete by the Planning Board shall be deemed to be the date
of application.
A.
The Planning Board review of a site plan shall include
but is not limited to the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, channelization
structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading areas.
(4)
Location, arrangement, size, design and general site
compatibility of buildings, lighting and signs.
(5)
Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or noise-deterring buffer
between the proposed use and adjoining uses or properties.
(6)
In the case of an apartment house or multiple dwelling,
the adequacy of usable open space for playgrounds and informal recreation.
(7)
Adequacy of stormwater and sanitary waste disposal
facilities.
(8)
Adequacy of structures, roadways and landscaping in
areas with moderate to high susceptibility to flooding, ponding and/or
erosion.
(9)
Protection of adjacent properties against noise, glare,
unsightliness or other objectionable features.
(10)
Adequacy of water supply facilities.
(11)
Overall impact on the neighborhood, including compatibility
of design and considerations.
(12)
Conformance with the Community Comprehensive Master
Plan or other applicable plans prepared by others which the Town uses
as a guide for development.
(13)
Adequacy of overall plan in minimizing harmful effect
upon the environment.
B.
The Planning Board may waive any data requirement
listed in this Article for any proposal if they find that, in their
review or the review of others at the presketch or sketch plan meeting,
the data is not necessary. A list of the requirements waived and the
reasons therefor shall become part of the Town's written record on
that particular development.
A.
Within 62 days of the date of application as described above, the Planning Board shall approve, approve with modifications or disapprove the site plan, except that where a public hearing is deemed necessary pursuant to § 95-52, the decision on the site plan shall be made within 62 days of the public hearing. 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, the Planning
Board shall endorse its approval on a copy of the 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.
All approvals shall be conditional upon final approval by the Town
Engineer, as appropriate, of all construction designs and specifications.
(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, 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.
All approvals shall be conditional upon final approval by the Town
Engineer, as appropriate, of all construction designs and specifications.
(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, along with
the Planning Board's reasons for disapproval.
B.
In the event that a site plan involves a need for
variances, the applicant shall first be denied site plan approval
by the Planning Board, so that the applicant may apply for a variance(s)
to the Zoning Board of Appeals. The need for variances may be determined
by the Zoning Enforcement Officer or Planning Board before an application
for site plan approval is deemed complete. Where the Planning Board
has denied site plan approval on these grounds, the Planning Board
shall convey any information or documents which it deems appropriate
to the Zoning Board of Appeals, with respect to the variances requested,
and the Planning Board may convey any opinions or recommendations
which it may have with respect to the application. If the Zoning Board
of Appeals grants the variances, the applicant may resume the process
to obtain site plan approval.
The Planning Board may conduct a public hearing
on the site plan if a majority of the whole Board deems that such
a hearing is in the public interest. The public hearing shall be conducted
within 62 days of the date of application for site plan approval and
shall be advertised in the official newspaper of the Town at least
five days before the public hearing. The applicant shall provide evidence
at the hearing that all landowners within a five-hundred-foot radius
of the proposed project were notified by mail not less than 10 days
before the public hearing.
No building permit or zoning permit shall be
issued pursuant to the provisions of this Article until all expenses
incurred by the Planning Board for consultation fees or other extraordinary
expense in connection with the review of a site plan are reimbursed
by the applicant to the Town.
Whenever the circumstances of proposed development
require compliance with this Article 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
Article with the procedural and submission requirements for such other
compliance.
A.
Waivers. Where the Planning Board finds that extraordinary
and unnecessary hardship may result from strict compliance with these
regulations, it may vary the regulations so that substantial justice
may be done and the public interest secured. Such waiver shall not
have the effect of nullifying the intent and purpose of the Community
Comprehensive Master Plan or any of the other requirements of this
chapter, and such waiver shall be granted only in the event that any
such requirements are found not to be requisite in the interest of
the public health, safety or general welfare or inappropriate to a
particular site plan. At the time of such waiver, the Planning Board
shall make findings, to be recorded in the official minutes of the
Board, outlining the reasons for such a waiver.
B.
Conditions and restrictions. The Planning Board shall
have the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to a proposed site plan.
Upon its approval of said site plan, any such conditions must be met
in connection with the issuance of permits by applicable enforcement
agents or officers of the Town.
No certificate of occupancy shall be issued
until all improvements shown on the site plan are installed or a sufficient
performance guaranty has been posted for improvements not yet completed.
The sufficiency of such performance guaranty shall be determined by
the Town Board, after consultation with the Zoning Enforcement Officer,
attorney for the Town, engineer for the Town or other appropriate
parties.
The Zoning Enforcement Officer shall be responsible
for the overall inspection of site improvements, including coordination
with the engineer for the Town and other officials and agencies, as
appropriate.
[Amended 3-10-2003 by L.L. No. 1-2003]
Site plan approval shall automatically terminate one year after the same is granted unless a building permit has been issued and there is physical evidence that the project is in progress. The one-year time period shall start once all conditions imposed by the Planning Board have been met, and a copy of the plan has been filed with the Town Clerk in accordance with § 95-51A(1) or (2). If a copy of the plan, endorsed with the approval of the Planning Board, has not been filed with the Town Clerk within 182 days of the date of the Planning Board meeting at which final approval, with or without modifications, was granted, such approval shall expire; provided, however, that the Planning Board may, in its discretion and for good cause shown, extend the time for filing of the endorsed plan for not to exceed two additional periods of 91 days each.
