Alden Town City Zoning Code
ARTICLE XII
Site Plan Review
§ 365-73 Intent.
The intent of site plan review is to evaluate specified land uses in terms of their suitability to natural site conditions, their compatibility with surrounding land uses and their conformance with overall plans for this community, thus minimizing possible adverse effects on the health, safety and welfare of local residents.
§ 365-74 Applications.
All applications for building permits shall be accompanied by an approved site plan except for the following: a single- or two-family dwelling on an individual lot, including its permitted accessory uses, general farming use and additions not exceeding 25% of the square footage of the existing structure.
§ 365-75 Reviewing agency.
The Town Planning Board is hereby authorized to review and to recommend to the Town Board approval, approval with modification or disapproval of site plans prepared in accordance with such standards as are duly adopted by the Planning Board.
§ 365-76 Storm sewers and stormwater management.
[Added 12-3-2007 by L.L. No. 9-2007]
The requirements of the Town of Alden Law to Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer System[1] and the Town of Alden Stormwater Management and Erosion and Sediment Control Law[2] of the Alden Town Code must be followed. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.
§ 365-77 Review procedures.
A.
Sketch plan.
(1)
A sketch plan conference shall 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 prior to incurring design costs; 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.
(2)
In order to accomplish these objectives, the applicant shall provide sketches of the proposed development, together with an area map showing applicant's entire holding, that portion of the applicant's property under consideration and all properties, their ownership, uses, subdivisions, streets, zoning districts and adjacent buildings within 500 feet of the applicant's property.
B.
Site plan. An application for site plan review shall be made in writing to the Building Department and shall be accompanied by the following drawings, documents and information to be prepared by a qualified professional engineer, architect, planner or surveyor, as appropriate; and as determined necessary by the Planning Board:
(1)
The title of the drawing, name of the development, name of the applicant, name and seal of the person preparing drawing, North point, scale and date, to be included on all drawings.
(2)
Boundary survey.
(3)
Topographical survey based on United States Geological Survey datum to extend a reasonable distance beyond the site.
(4)
Location and dimensions of existing and proposed easements.
(5)
Existing natural features such as watercourses, water bodies, wetlands, wooded areas, individual large trees and flood hazard areas. Features to be retained in the development should be indicated.
(6)
Soil characteristics, regarding capabilities and/or limitations for development.
(7)
Location and design of all existing on-site or nearby improvements, including drains, culverts, waterlines, sewers, gas and electric lines and poles, bridges, retaining walls and fences.
(8)
Location and design of proposed utilities, including water, sanitary and storm sewer systems.
(9)
Location and design of all streets, parking and service areas, access drives, bicycle and pedestrian ways, within and immediately adjoining the site.
(10)
Location with setbacks, size and height of proposed buildings and structures, including first floor elevation.
(11)
Location and proposed development of all open space, including parks, playgrounds, screen planting and other landscaping.
(12)
Location, size and design of all proposed signs and lighting facilities.
(13)
Location of outdoor storage, if any, including dumpster and compactor enclosures.
(14)
Location and design of all energy distribution facilities, including electrical, gas and solar energy.
(15)
Grading and drainage plan, including calculations, showing existing and proposed contours at intervals not more than 2.5 feet.
(16)
General landscaping plan and planting schedule.
(17)
Detailed sizing, typical cross sections, profiles and final material specifications of all required improvements.
(18)
Preliminary architectural drawings.
(19)
Conformance to any approved federal, state and county plans.
(20)
Lines and dimensions of all property which is offered or to be offered for dedication for public use, with the purpose indicated thereon, and of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the development.
(21)
Record of application for and status of all necessary permits from other governmental bodies.
(22)
Record of all required performance bonds, any proposed easements, restrictions, covenants and provision for homeowners' associations and common ownerships.
(23)
An estimated project construction schedule.
(24)
Other elements integral to the proposed development as considered necessary by the Planning Board.
(25)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of the Stormwater Management and Erosion and Sediment Control Law[1] shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards of the Stormwater Management and Erosion and Sediment Control Law. The approved site plan shall be consistent with the provisions of the Stormwater Management and Erosion and Sediment Control Law.
[Added 12-3-2007 by L.L. No. 9-2007]
C.
Referrals. The Building Department shall refer the site plan to the municipal engineer and, as deemed necessary, to all other officials and agencies for their review and recommendations.
D.
Public hearing. The Planning Board may conduct a public hearing on the site plan if considered desirable by the majority of its members.
E.
County referral. Prior to taking action on the site plan, the Planning Board shall refer the plan to the County Planning Board for advisory review and a report in accordance with §§ 239-l and 239-m of the General Municipal Law.
§ 365-78 Review standards.
The Planning Board's review of the site plan shall include, as appropriate, but is not limited to the following considerations:
A.
Zoning compliance and compatibility with the Master Plan.
B.
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
C.
Location, arrangement, appearance and sufficiency of off-street parking and loading.
D.
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
E.
Adequacy of stormwater and drainage facilities. Adequacy of water supply and sewage disposal facilities.
F.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
G.
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
H.
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
I.
Overall impact on the neighborhood, including compatibility of design considerations.
§ 365-79 Planning Board action.
Within 45 days of receipt of the complete application for site plan approval, the Planning Board shall render its recommendation to the Town Board for approval, conditional approval or disapproval. This time period may be extended by mutual consent of the applicant and the Planning Board.
§ 365-80 Town Board action. [1]
Within 62 days of receipt of the site plan, complete with the Planning Board's recommendations, the Town Board shall render a decision of approval, conditional approval or disapproval.
A.
Approval. Upon approval, the Town Board shall endorse its approval on a copy of the site plan and shall within five business days 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.
B.
Conditional approval.
[Amended 3-20-1995 by L.L. No. 1-1995]
(1)
The Town Board may conditionally approve the site plan. Upon demonstration by the applicant that all conditions have been met, the Town Board shall endorse its approval on a copy of the site plan and shall within five business days 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)
The Town Board may include as a condition of the site plan approval a requirement that the applicant owner or developer apply for a building permit within six months of Town Board approval and commence construction within 12 months of the Town Board approval, and in the event that the applicant owner or developer shall not so comply with this condition, then the site plan approval shall become void.
C.
Disapproval. Upon disapproval of the site plan the decision of the Town Board shall within five business days be filed with the Town Clerk and a copy thereof mailed to the applicant.
§ 365-81 Fee.
An application for site plan review shall be accompanied by a fee in an amount as determined by the Town Board.
§ 365-82 Reimbursable costs.
Costs incurred by the Planning Board or the Town Board for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant.
§ 365-83 Improvements.
A.
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.
B.
The Building Department shall be responsible for the overall inspection of site improvements, including coordination with other officials and agencies, as appropriate.
C.
The applicant shall provide a map satisfactory to the Building Department indicating locations of monuments marking all underground utilities as actually installed. No performance bonds shall be released nor certificates of occupancy issued until such map is provided by developer.