Ballston Town City Zoning Code
ARTICLE XXXII
Site Plan Review
§ 138-140 Applicability.
[Amended 5-14-2024 by L.L. No. 3-2024]
If, upon review of such site plan, the Zoning Enforcement Officer shall determine that the proposed action does not result in an increase in the number of parking spaces required for the proposed use by this chapter and does not increase the gross floor area by more than 25% or 1,200 square feet from the gross floor area that previously existed or was authorized by the existing approved site plan for the site, the Zoning Enforcement Officer may approve such site plan and no further review shall be required, or the Zoning Enforcement Officer may refer such proposed action to the Town Planning Board for site plan review and approval in accordance with Town Law and the standards and procedures set forth in this chapter if, in the Zoning Enforcement Officer's opinion, the proposed action involves a change in the use of the site or site characteristics which may require further review by the Town Planning Board.
§ 138-141 Sketch plan.
A.
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. No fee is required to schedule a sketch plan conference but a written request for such a conference must be made in writing to the Planning Board Chairman and delivered to the Building Department at least three weeks prior to the next regularly scheduled Planning Board meeting in order to get on the agenda for that meeting. The intent of such a conference is to enable the applicant to inform the Planning Board of the proposal 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. As such, an applicant is strongly encouraged to schedule and attend the sketch plan conference. In order to accomplish these objectives, the applicant should provide the Planning Board with as much information or detail as is practicable. In this regard, the following is suggested:
(1)
A sketch or map of the area which shows the location of the site with respect to nearby streets, rights-of-way, properties, easements and other pertinent features; and
(2)
A sketch plan identifying the zoning district, whether the parcel is within a certified New York State Agricultural District, identifying adjacent land uses, and showing proposed site improvements, including the locations and dimensions of proposed structures, parking areas, water service, wastewater disposal, conceptual stormwater management, anticipated changes in the existing topography and other natural features; and
(3)
A topographic or contour map of adequate scale and detail to show site topography and significant site features, such as wetlands, surface waters, existing structures or improvements on the site and any other information that may be pertinent to the design and layout of the site.
B.
At the option of the applicant, more than one sketch plan conference may be scheduled in order to have sufficient opportunity to exchange ideas, provide recommendations, if any, and further develop the proposal.
§ 138-142 Conceptual site plan.
[Amended 11-12-2025 by L.L. No. 4-2025]
At the option of the applicant, a conceptual site plan may be submitted for preliminary review and analysis by the Planning Board. This conceptual review process is intended to afford the applicant another opportunity to fine-tune the proposal prior to submission of a formal site plan. It is an optional, voluntary process that may be appropriate with certain applications, particularly those that may involve a large-scale or complex development proposal. The purpose of the concept plan is to provide the Planning Board with more detailed information and a fuller understanding of the proposal so that a more detailed recommendation can be provided by the Planning Board. It is the goal of this review stage, that the applicant and the Planning Board can reach a consensus on exactly what will be required with the submission of a formal site plan application and what is acceptable regarding the conceptual features of the proposal, thereby streamlining the process for the formal site plan review.
A.
Submission for conceptual site plan review. An application for conceptual site plan shall be made in writing to the Planning Board Chairman and delivered to the Building Department at least three weeks prior to the next regularly scheduled Planning Board meeting in order to get on the agenda for that meeting. The application shall include the following:
(1)
A narrative description of the proposed project, addressing its scope of operation, purpose, justification and impact on the immediate area of influence, on adjacent land uses, including farm operations, and on the Town in general (traffic generation, population, utilities aesthetics and land use compatibility) and including the following:
(a)
Address of site (street and number).
(b)
Name of applicant.
(c)
Name of proposed tenant/business.
(d)
Site zoning.
(e)
Description of existing site and use.
(f)
Description of intended site development and use.
(g)
Proposed gross floor area.
(h)
Building height and number of floors.
(i)
Number of guest rooms or dwelling units where applicable.
(j)
Number of employees.
(k)
Hours and days of operation.
(l)
Proposed number of parking spaces.
(m)
Site coverage statistics (building coverage, paved areas, green area, by percentage of site and square footage).
(n)
Impact on adjoining property: noise, visual, drainage, farm operations, environmental resources, other.
(o)
Anticipated need for and impact on services (quantify and discuss impacts): traffic, sewer, water, solid waste.
(p)
Storage and disposal method of chemicals used (solvents, soaps, etc.).
(2)
A conceptual site plan should contain the following:
(a)
Title block with names of projects, applicant, and map preparer; address of site; date of map; and work record with revision dates.
(b)
Existing site conditions, including environmental features such as but not limited to wetlands, steep slopes, floodplains, stream buffer areas, or other natural resources, and proposed buildings and other improvements (with building and setback dimensions).
(c)
Proposed utilities, including lateral locations, sizes and connection points.
(d)
Proposed landscaping.
(e)
Proposed parking, circulation, storage, service, display areas, solid waste containment/recycling areas; label minimum parking setbacks from lot lines and buildings.
(f)
Number of parking spaces, including handicapped spaces as required by NYS Uniform Fire Prevention and Building Code.
(g)
Analysis of parking requirement.
(h)
Access location(s).
(i)
Proposed drainage and grading plan.
(j)
Approximate limits of clearing and grading and all areas proposed to have soil disturbance.
(k)
Existing/proposed easements.
(l)
Site coverage statistics (building coverage, green area, and paved areas by percentage of site and square footage).
(m)
Building height and number of floors. If a square footage bonus is proposed, the building footprint with and without the bonus shall be shown.
(n)
Identification of zoning district, location within a certified New York State Agricultural District, and adjacent land uses.
(3)
Environmental assessment form (optional at this stage).
(4)
Agricultural data statement (optional at this stage).
(5)
A New York State Department of Environmental Conservation (DEC) Freshwater Wetlands Jurisdictional Determination or written documentation from an environmental consultant that no wetlands are present within 100 feet of any area of ground disturbance (optional at this stage).
B.
Review and conceptual determination. The applicant shall attend the Planning Board meeting at which the concept plan is to be discussed. With the consent of the applicant, more than one meeting may be held on the conceptual site plan and public input may be invited. The conceptual determination is not binding on the applicant nor does it commit the Planning Board to a definite course of future action on the proposal. In other words, the applicant is still entitled to submit a formal site plan that may not be consistent with the accepted conceptual plan and the Planning Board's final decision on the formal site plan submission will be based on the content, record and review of the formal site plan. However, the intent is that after the conceptual plan stage of review, the proposal will be sufficiently reviewed and discussed to afford the applicant with insight as to how to proceed in the formal site plan review stage.
§ 138-143 Application for approval.
[Amended 11-12-2025 by L.L. No. 4-2025]
An application for site plan approval shall be made, in writing, to the Chairman of the Planning Board and delivered to the Building Department in accordance with the following requirements. It shall be accompanied by information and documentation contained on the following checklist and as determined from the sketch plan conference. Where the sketch plan conference was held or the conceptual site plan review process was initiated, the accompanying information shall be drawn from the following checklist as determined necessary by the Planning Board pursuant to such sketch plan conference or conceptual plan review.
A.
Site plan submissions checklist.
(1)
Title of drawing, including name and address of the applicant and person responsible for preparation of such drawing.
(2)
North arrow, scale and date and location map.
(3)
Boundaries of the property plotted to scale.
(4)
Existing wetlands, floodplains, watercourses, critical habitats, or critical environmental areas as may be present or other pertinent natural features on the parcel. The Applicant shall also submit a New York State Department of Environmental Conservation (DEC) Freshwater Wetlands Jurisdictional Determination or written documentation from an environmental consultant that no wetlands are present within 100 feet of any area of ground disturbance.
(5)
Owners and use of adjacent lands within 200 feet of the property.
(6)
Existing zoning and zoning district requirements, and identification if within a certified New York State Agricultural District. If within a certified New York State Agricultural District, an agricultural data statement.
(7)
Site area in acres and square feet.
(8)
Existing utilities (location and size).
(9)
Location of all easements.
(10)
Site coverage statistics.
(11)
Proposed finished floor elevations.
(12)
Limits of grading and clearing.
(13)
Grading and drainage plan, showing existing and proposed topography at minimum two-foot contour intervals, extending 50 feet from the site, and based on a NAVD 1929 benchmark (shown on plans).
(14)
Location, proposed use, design (including an elevation illustration), dimensions and height of all buildings, including building setback dimensions to each lot line and building square footage increases if a bonus is proposed.
(15)
Location, design and construction materials of all parking and truck loading areas, number of parking spaces, lighting and landscaping plan, and showing ingress and egress.
(16)
Provision for pedestrian access/parking for handicapped.
(17)
Location and design of outdoor storage, if any.
(18)
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls, surface treatments and fences.
(19)
Description of the method of sewage disposal and location, design and construction materials of such facilities.
(20)
Description of the method of stormwater collection and location, design and construction materials of such facilities. Such design shall meet all stormwater pollution prevention standards as may be required by NYS Department of Environmental Conservation.
(21)
Description of the method of securing public or private water and location, design and construction materials of such facilities.
(22)
Location of fire and other emergency zones, including the location of fire hydrants.
(23)
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(24)
Location, size and design and construction materials of all proposed signs.
(25)
Location and proposed development of all buffer areas, including existing vegetative cover.
(26)
Location and design of outdoor lighting facilities.
(27)
Location of service and equipment, HVAC, refuse, loading, recycling.
(28)
Designation of the amount of building area proposed for retail sales or similar commercial activity.
(29)
General landscaping plan and planting schedule.
(30)
Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution.
(31)
Completed and signed application form.
(32)
Required application fee.
(33)
Environmental assessment form, with Part 1 completed and signed by applicant.
(34)
Site photographs showing existing conditions.
B.
Additional submission requirements.
(1)
Stormwater. The submission requirements and standards set forth in Chapter 91, Stormwater Management and Erosion and Sediment Control, of the Town Code shall apply and be adhered to by the applicant. Note that the Town may require establishment of a stormwater district if post-construction stormwater management practices pursuant to Chapter 91 will be dedicated to the Town of Ballston. The stormwater management and stormwater pollution prevention plans shall be prepared in compliance with the Stormwater Design Manual of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) program and with the requirements of the Environmental Protection Agency's Phase II National Pollutant Discharge Elimination System (NPDES) regulations.
(2)
The applicant shall submit an existing conditions diagram showing relevant features, including, but not limited to, those identified in § 138-142. This diagram should also be used to identify the location and direction of the site photographs.
(3)
Traffic report and analysis. The Planning Board shall require a traffic impact analysis if any proposed application will generate 100 vehicles or more per day, or the Town Engineer determines that such a study may be warranted based on local conditions in the vicinity of the proposed development. The Planning Board shall identify the study area to be included in the traffic impact analysis and such traffic study shall include the following:
(a)
Internal traffic flow analysis.
(b)
Existing and projected average daily traffic and peak hour levels.
(c)
Existing and projected intersection levels of service (LOS).
(d)
Directional vehicular flows resulting from the proposed project.
(e)
Proposed methods to mitigate the estimated traffic impact.
(f)
Identification of any pedestrian crossing issues.
(g)
The methodology and sources used to derive existing data and estimations.
(4)
Emergency access. Fire District review and approval of access clearance for emergency vehicles.
(5)
Visual impact report. The Planning Board shall require elevation drawings depicting the proposed design of structures. The Planning Board may require a visual impact assessment be conducted for any site plan review. The visual impact assessment shall be prepared by a registered landscape architect or other qualified professional and shall include:
(a)
A report that visually illustrates and evaluates the relationship of proposed new structures or alterations to nearby natural landscapes and to preexisting structures in terms of visual character and intensity/scale of use (e.g., scale, materials, color, door and window size and locations, setbacks, roof and cornice lines, and other major design elements).
(b)
An analysis of the visual impacts on neighboring properties from the proposed development and alterations, and of the location and configuration of proposed structures, parking areas, open space, and gradient changes.
(c)
The Planning Board may require use of photo-simulations or balloon tests as part of the visual impact assessment.
C.
Waivers. At the request of the applicant, one or more of the above submission requirements may be waived. The intent is not to require information that is not relevant for the purpose of making an informed decision or to become unduly burdensome on those projects where the level of detail is not warranted. As such, the Planning Board has flexibility in its discretion to determine what shall be required as part of the application submissions. Any such waiver request by the applicant shall be made, in writing, and shall contain statements of the reasons why the waived information requirements are not necessary for an informed review under the circumstances. If the Planning Board finds that any of the information requirements as set forth above are not necessary to conduct an informed review, it may waive such information requirements as it deems appropriate.
§ 138-144 Review of site plan.
[Amended 11-12-2025 by L.L. No. 4-2025]
The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the design standards set forth in this chapter as applicable to the zoning district where the site is located and the specific use being proposed, as well as the following:
A.
General considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy of protections to identified environmental resources.
(8)
Adequacy, type and arrangement of trees, shrubs and landscaping. The landscaping plan shall meet the following requirements:
(a)
General requirements.
[1]
All buffers, landscaping, and barriers shall comply with the Clear Vision Zone requirements as defined below:
[a]
Where the driveway meets the road, no barrier or hedge shall exceed 2 1/2 feet in height. The grade shall not exceed 8% at this location.
[b]
On any corner lot, no obstructions higher than 2 1/2 feet above the centerline of the street elevation shall be permitted to be planted, placed, erected, or maintained within the triangular area formed by the intersecting pavement lines, or their projections, where corners are rounded, and a straight line joining the pavement lines at points 50 feet distant from their point of intersection.
[c]
The minimum clear vision zone distance shall be 25 feet from the edge of the pavement at an intersection.
[2]
All buffers, landscaping, and barriers shall be required by the Planning Board in accordance with the purpose, visual nature, noise impacts, and security needs of the proposal.
[3]
Buffers, landscaping, or barriers shall be maintained in perpetuity by the applicant. If the applicant fails to maintain such property in reasonable order, the Town Board may cause such property to be maintained.
[4]
In the event that existing site conditions are substantially vegetated and provide a comparable or improved buffer condition, the Planning Board may waive the requirement for the following landscaping and buffering requirements or may incorporate such existing conditions into a proposed landscaping and buffering plan.
(b)
Location:
[1]
Buffers, landscaping, and barriers shall be constructed entirely within the boundaries of a lot. They may be placed within the setbacks prescribed by the zoning.
[2]
All fences and walls shall be required to face the finished side toward adjoining lots and/or the street.
[3]
See design standards for graphic depictions of buffer styles and types in the Mixed Use Center Districts, Business District, and Rural Highway Transition District.
(c)
Standards.
[1]
Where a lot is proposed to contain a use listed in the use categories set forth below and abuts a lot containing an existing or approved use, minimum landscaping and buffers shall be provided for the proposed use as follows:
Intensity No. 1: Minimum Landscaping and Buffer Schedule | Value | ||||
Buffer depth (minimum feet) | 25 | ||||
Large deciduous trees (minimum number per 100 feet) | 5 | ||||
Small flowering trees (minimum number per 100 feet) | 4 | ||||
Shrubs (minimum number per 100 feet) | 20 | ||||
Intensity No. 2: Minimum Landscaping and Buffer Schedule | Value | ||||
Buffer depth (minimum feet) | 50 | ||||
Wall or fence height (minimum feet) | 6 | ||||
Large deciduous trees (minimum number per 100 feet) | 5 | ||||
Small flowering trees (minimum number per 100 feet) | 4 | ||||
Shrubs (minimum number per 100 feet) | 20 | ||||
Use Category | Existing or Approved Agricultural Use | Existing or Approved Residential Use | Existing or Approved Business or Mixed Use | Existing or Approved Industrial Use | |
|---|---|---|---|---|---|
Proposed agricultural use | No minimum | 1 | 1 | 1 | |
Proposed residential use | 2; also see § 138-21K | No minimum | 1 | 2 | |
Proposed business or mixed use | 2; also see § 138-21K | 1 | No minimum | 1 | |
Proposed industrial use | 2; also see § 138-21K | 2 | 2 | No minimum | |
[2]
Landscaping materials shall satisfy the following minimum requirements:
[a]
Large deciduous trees: three-inch caliper.
[b]
Conifers: six feet high.
[c]
Small flowering trees: one-inch caliper.
[d]
Large shrubs: thirty-inch height.
[e]
Small shrubs: eighteen-inch height.
 |
 |
(9)
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for plan areas and informal recreation.
(10)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(11)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(12)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(13)
Where required by specific design standards or guidelines or where otherwise warranted, the appearance and design of buildings and structures, including, but not limited to, architectural features, building materials and colors.
(14)
Special attention to the potential impact on adjacent farm operations.
(15)
Significant natural, ecological, cultural, and historical features on the site are preserved as much as possible.
(16)
Development will be compatible with its surroundings and in keeping with the character of the Town of Ballston, and consistent with the adopted Town of Ballston Comprehensive Plan.
(17)
Adequacy of water supply and sewage disposal facilities.
(18)
Compatibility with active nearby agricultural activities.
B.
Consultant review. The Planning Board may consult with the Town staff, Fire Commissioners, Highway Superintendent, other local county officials and its designated private consultants and engineers, in addition to representatives of federal and state agencies, including, but not limited to, the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation. If the Planning Board determines that the site plan application requires the use of its own consultants (such as professional engineer, planner or attorney), it shall require as part of the application fee a deposit in an amount sufficient to reimburse the Town for reasonably estimated costs of a consultant to be retained by the reviewing Board in order to assist the Board in reviewing the application. Said amount shall be based on the specific fee schedule of the particular consultant or consultants retained as well as the scope of services to be provided by such consultant(s). The Town shall hold such deposit in escrow for the sole purpose of paying the costs and fees of the consultant(s) retained for review of the application. The consultant retained shall provide the Town with detailed invoices showing the services rendered for the time period billed, and the Town shall provide the applicant with an opportunity to review said invoices prior to payment. Additional deposits may be required as the review process continues. All costs related to the inspection and review of a site plan, including any studies, reports, analysis, or other information that may be required by the Planning Board, shall be borne by the applicant.
C.
Required referral. Prior to taking action on the site plan and at least 10 days prior to the public hearing, the Planning Board shall refer the plan to the County Planning Department for advisory review and a report as applicable and in accordance with § 239-m of the General Municipal Law. Upon receipt of application materials it deems to be complete, the Planning Board shall refer to the Saratoga County Planning Department any application for a site plan affecting real property within 500 feet of the boundary of the Town of Ballston, the boundary of any existing or proposed county or state park or other recreational area, the boundary of any existing or proposed county or state roadway, the boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines, the boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated, or the boundary of a farm operation within an agricultural district as defined in Article 25-AA of the Agriculture and Markets Law, pursuant to General Municipal Law, Article 12-B, §§ 239-1 and 239-m, as amended.
(1)
No action shall be taken on applications referred to the County Planning Department until its recommendation has been received, or 30 days have elapsed after its receipt of the complete application, unless the county and Town agree to an extension beyond the thirty-day requirement for the County Planning Department's review.
(2)
County disapproval. A majority-plus-one vote of the Planning Board shall be required to grant any special use permit which receives a recommendation of disapproval from the County Planning Department because of the referral process specified above, along with a resolution setting forth the reasons for such contrary action.
(3)
In the case of a project proposal which also requires a special use permit, every effort shall be made by the Planning Board to avoid duplication of the County referral process. However, such determination shall be made by the Planning Board in cooperation with the Saratoga County Planning Department, since the site plan application may contain issues not addressed in the special use permit process.
D.
Compliance with SEQRA. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations and shall not make a binding decision on the site plan until the SEQRA process has been completed. The Applicant shall comply with all requirements, inclusive of submission of a New York State Department of Environmental Conservation (DEC) Freshwater Wetlands Jurisdictional Determination or provide written documentation from an environmental consultant that no wetlands are present within 100 feet of any area of ground disturbance.
E.
Agriculture data statement. An agriculture data statement is required where the proposed use is located in, or within 500 feet of, the boundaries of a certified New York State Agricultural District. If an agricultural data statement has been submitted, the Secretary of the Planning Board shall, upon receipt of the application, mail written notice of the site plan application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location. The cost of mailing the notice shall be borne by the applicant. The Planning Board shall evaluate the impact of the proposal on existing agricultural operations in that district. The Planning Board may request an advisory opinion from the Saratoga County Farmland Protection Board, Saratoga County Soil and Water District, New York State Department of Agriculture and Markets, the Town of Ballston Farmland Protection Plan Committee or other suitable agencies as needed with any costs borne by the applicant.
F.
Application for area variance. Where a proposed site plan contains one or more features that do not comply with the dimensional zoning regulations of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article XXVIII without a decision or determination by the Building Inspector.
G.
Whenever the circumstances of a proposed development or application require compliance with this site plan review section and with another local law, ordinance or requirement of the Town such as, but not limited to, special use permits and subdivision, the Planning Board shall integrate, to the extent reasonably practicable, site plan review with the procedural and submission requirements for such other compliance so as not to delay review and decision-making.
H.
The site plan application and associated maps shall include all proposed phases of development. Site plan approval shall be based on the total planned project in order to facilitate the assessment of all potential development impacts. The Planning Board shall consider applications incomplete where there is reason to believe the application applies to only a segment of the total development. In such situations, the Planning Board shall return such application to the applicant together with a letter stating the basis for its determination.
§ 138-145 Planning Board action.
[Amended 5-14-2024 by L.L. No. 3-2024; 11-12-2025 by L.L. No. 4-2025]
A.
Determination that application is complete. The site plan application, together with all of the required submissions outlined in the § 138-143 above, shall be submitted to the Building Department at least three weeks prior to the next regularly scheduled Planning Board meeting in order to get on the agenda for that meeting. At the first meeting upon which the application is on the agenda, the Planning Board shall review the application, including the site plan and the supporting documents and information, for purposes of determining whether the application is complete for purposes of commencing review. The Planning Board shall make this determination within 45 days from the first meeting date where the application is on the meeting agenda. If the application is not complete, the Planning Board shall specify to the applicant what omissions or deficiencies there are in the application submissions. The applicant will then have to submit the missing documentation or information until the Planning Board determines that the application is complete.
B.
Time frames for any Planning Board action related to the site plan review process may be extended by mutual consent of the applicant and the Planning Board. The time period in which the Planning Board must render its decision on the site plan may be extended by mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within the time period specified or agreed upon between the applicant and Board shall not constitute Planning Board approval of the site plan as submitted or last amended, and shall not be deemed automatic approval.
C.
Public hearing: The Planning Board shall conduct a public hearing on the site plan. Such hearing shall be held within 62 days of the Planning Board's acceptance of the site plan application as complete and shall be advertised in the Town's official newspaper at least five days before the hearing. The Planning Board shall give the applicant at least 10 days' notice by mail of the public hearing. The Planning Board shall send or cause to be sent notice of the public hearing to abutting property owners and those agricultural operators identified on the agriculture data statement by regular mail, at least seven days prior to the public hearing.
D.
Decision. Within 62 days of the close of the public hearing, the Planning Board shall render a decision on the site plan. The Planning Board's action shall be in the form of a written statement to the applicant stating whether the site plan is approved, disapproved or approved with modifications. The Planning Board's statement may include modifications to be incorporated in the final site plan. Conformance with such modifications shall be considered a condition of approval. If the site plan is disapproved, the Planning Board's statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
(1)
Approval. Upon approval of the 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 site plan and shall, within five business days of its decision, file with the site plan and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
(2)
Approval with modifications. The Planning Board may approve the site plan and require that specific modifications or conditions be made. A copy of a written statement of approval containing the modifications required by the Planning Board shall be mailed to the applicant by certified mail, return receipt requested. The applicant shall submit a modified final site plan in reproducible form. Upon approval and after payment by the applicant of all applicable fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall, within five business days, file the site plan and a written statement of approval with the Town Clerk.
(3)
Disapproval. The Planning Board shall make a written statement if disapproval is the decision. Upon disapproval of the site plan, the Planning Board shall, within five business days, file the statement with the Town Clerk and mail a copy thereof to the applicant by certified mail, along with a letter stating the Planning Board's reasons for disapproval.
E.
Content of decision. The Planning Board has the authority to approve the site plan, approve the site plan with modifications, or disapprove the site plan. The Planning Board also has authority to impose such reasonable conditions and restrictions on the site plan approval as are related to and incidental to the site plan. The Planning Board shall make its decision, in writing, and shall file said decision with the Town Clerk, and mail or hand deliver such decision to the applicant within seven days of the date that the decision is rendered with a copy to the Building Department. The Planning Board's decision may include specifications for the required modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. If the site plan is disapproved, the Planning Board's statement will contain the reasons for such findings.
F.
Procedures after decision.
(1)
If the site plan is approved without modifications, the approved site plan with any conditions will be the final site plan and will be endorsed accordingly. If conditions are attached to the approval, the site plan will be endorsed as conditionally approved. All conditions must be complied with before occupancy or commencement of the use is allowed.
(2)
If the site plan is approved with modifications, the applicant must submit a final site plan that incorporates said modifications for the Planning Board review and approval. The Planning Board shall act on the final site plan within 62 days after the final site plan is presented to the Planning Board at its regularly scheduled meeting. If the Planning Board's decision was complied with and the modifications are incorporated in the final site plan, the site plan shall be approved as final and endorsed accordingly. Such modifications or conditions that may require the submission and review of a final site plan include, but are not limited to, the following:
(a)
Record of application for and approval status of all necessary permits from state and county officials.
(b)
Detailed sizing and final material specification of all required improvements.
(c)
An estimated project construction schedule.
(3)
If the site plan was disapproved, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned. The full review process is to recommence.
(4)
Upon approval of the site plan, the applicant shall file with the Planning Board two mylar and two paper sets of the plan for approval.
(5)
After final site plan approval by the Planning Board and before any site disturbance takes place, a preconstruction meeting shall be held. The following individuals may be present:
(a)
Applicant and/or representative.
(b)
Highway Superintendent.
(c)
Building Inspector
(d)
Town Engineer
(e)
Any other individuals as may be deemed necessary.
(6)
The Building Department then has the authority to issue a building permit and/or certificate of occupancy or compliance upon completion of the development of the site in strict accordance with the approved site plan and any conditions attached thereto.
(7)
If, after two years from the date when site plan review was concluded and approval of the proposed construction, alteration or change of use was given by the Planning Board, there have not been substantial steps taken to construct, alter or change the use of the property or building subject to site plan review, then the Planning Board shall rescind its approval and request that the proposed construction, alteration or change in use be resubmitted to the Planning Board for further site plan. [Amended 5-14-2024 by L.L. No. 3-2024]
§ 138-146 Engineering data.
The applicant shall provide, at the applicant's expense, all data requested by the Planning Board. Such data may include, but is not limited to, surveys, detailed soil topography maps, soil composition testing, water percolation testing, drainage information, data regarding the impact of the construction on the surrounding environment and other issues of consideration as set forth in the Town of Ballston Site Plan Review Manual. The Planning Board may request that such engineering data be provided only by a licensed engineer. Failure to provide such data will result in termination of the site plan review process.
§ 138-147 Performance guaranty.
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. Such performance guarantee shall be posted in accordance with the requirements and procedures specified in §§ 274-a(7) and 277, Subdivision 9, of the New York State Town Law. The sufficiency of such performance guaranty shall be determined by the Planning Board after consultation with the Building Inspector or other competent persons.
§ 138-148 Inspection of improvements.
The Building Department shall be responsible for the overall inspection of site improvements, including coordination with other officials and agencies, as appropriate. A professional engineer may be designated by the Town Board to assist the Building Department in performing inspections while construction is on-going. If the site is not being developed in strict compliance with the approved site plan and any conditions attached thereto, the Building Inspector shall issue a stop-work order and demand compliance with the approved site plan and any conditions attached thereto. An approved site plan may not be modified except by the Planning Board upon application for such modification from the applicant. Cost of inspections and consultation shall be borne by the applicant. Funds will be deposited in escrow before issuance of a building permit.
§ 138-149 Integration of procedures.
Whenever the particular circumstances of a proposed development require compliance with either the special use procedure in this chapter or the requirements of Chapter 104, Subdivision of Land, of the Code of the Town of Ballston, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.
§ 138-150 Reimbursable costs.
Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant.