Barre Town City Zoning Code
ARTICLE X
Site Plan Review
§ 350-87 Purpose.
The intent of this article is to set forth additional general standards applying to certain uses and activities. The nature of these uses and activities require special consideration of their impacts upon surrounding properties, the environment, community character and the ability of the Town to accommodate development consistent with the objectives of this chapter.
§ 350-88 Applications.
All applications for zoning permits, zoning variances, or special use permits, except those for one- and two-family dwellings and their permitted accessory uses, any addition to a single-family dwellings, or general farming uses, shall be accompanied by a site plan. No zoning permit shall be issued until all the requirements of this article and all other applicable provisions of this chapter have been met.
§ 350-89 Procedure.
A.
A preapplication conference may be held between the Planning Board and applicant to review the basic site design concept and to determine the information to be submitted with the site plan.
B.
Each application for a building permit, variance or special use permit for any structure, building or use other than one- or two-family dwelling, their permitted accessory use, any addition to a single-family dwelling or general farming use, shall be referred to the Town Planning Board for site plan review. The application shall be made to the Planning Board by filing it with the Code Enforcement Officer. The Code Enforcement Officer shall present it to the Planning Board at their next regularly scheduled meeting. The applicant may wish to attend the Planning Board meeting to answer questions concerning the application.
C.
Within 62 days of receipt of the application, the Planning Board shall render a decision to approve, approve with conditions, or deny the site plan, and shall forward the decision to the Code Enforcement Officer. Any extension of this sixty-two-day period may be granted upon consent of both the applicant and the Town Planning Board. If the Planning Board fails to act within the sixty-two-day period or the extension period that has been granted, the site plan shall be considered approved.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D.
A full written record of the Planning Board minutes and decisions together with all documents pertaining to the case shall be filed in the office of the Town Clerk and shall be mailed to the applicant.
§ 350-90 Application for site plan approval.
An application for site plan approval shall be made in writing to the Code Enforcement Officer and shall be accompanied by information drawn from the following checklist. The Planning Board may require additional information, if necessary, to complete its review.
A.
Plan checklist for all site plans:
(1)
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Boundaries of the property plotted to scale.
(4)
Existing watercourses and bodies of water.
(5)
Location of any slopes of 5% or greater.
(6)
Existing and proposed grading and drainage.
(7)
Location, proposed use, and height of all buildings and site improvements, including culverts, drains, retaining walls and fences.
(8)
Location, design and construction materials of all parking and truck loading areas, showing points of entry and exit from the site.
(9)
Location of outdoor storage, if any.
(10)
Description of the method of sewage disposal and location of the facilities.
(11)
Identification of water source; if well, locate on drawing.
(12)
Location, size and design and construction materials of all proposed signs.
(13)
Location and proposed development of all buffer areas, including existing vegetation cover.
(14)
Location and design of outdoor lighting facilities.
(15)
General landscaping plan.
(16)
Copy of property deed and a listing of all deed restrictions.
B.
As necessary, the Planning Board may require the following:
(1)
Provision for pedestrian access, if necessary.
(2)
Location of fire lanes and hydrants.
(3)
Designation of the amount of building area proposed for retail sales or similar commercial activity.
(4)
Other elements integral to the proposed development as considered necessary by the Planning Board.
§ 350-91 Planning Board review of site plan.
The Planning Board's review of the site plan shall include, as appropriate, 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. This includes the maximum feasible redesign of private roads to conform to existing public access and rights-of-way.
(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.
(a)
No use shall be undertaken which eliminates or substantially reduces a significant view or vista from an existing property due to height, bulk or orientation of structure.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
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 feasible retention of existing vegetation.
(8)
In the case of an apartment complex or other multiple dwelling, the adequacy of useable open space for play areas and informal recreation.
(9)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or nuisances.
(10)
Protection of solar access on adjacent or neighboring properties.
(11)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(12)
Adequacy of on-site refuse storage, including appropriate screening and rodent control measures.
(13)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(14)
Special attention to the productive use and access with backlot areas, indicating present and future intended uses.
(15)
Consistency with the general intent of the Town's Comprehensive Plan.
B.
Consultant review. The Planning Board may consult with the Town Code Enforcement Officer, Fire Commissioners, highway departments, County Planning Department, and other local county officials, in addition to representatives of federal and state agencies, including, but not limited to, the Soil and Water Conservation District, the State Department of Transportation and the State Department of Environmental Conservation.
C.
Optional public hearing. The Planning Board may conduct a public hearing of the site plan. If a public hearing is considered desirable by a majority of the Planning Board, such public hearing shall be conducted within 62 days of the receipt of the complete application and shall be advertised in the official newspaper of the Town at least five days before the public hearing. If a public hearing is held, a decision on the site plan shall be rendered within 62 days after the public hearing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D.
Additional public notice. If the Planning Board determines that a public hearing shall be held, all property owners within 500 feet of the subject property shall be notified, in writing, at least five days prior to the public hearing. Additionally, the applicant shall place one sign on the property for which site plan review is requested. Said sign shall be provided by the Code Enforcement Officer. The sign shall be placed in a location which is easily read from a public street. The sign shall specify the date, time and place of the public hearing and a telephone number to call for more specific information. Such sign shall be placed on the site not less than five days prior to the public hearing and shall be brought to the hearing by the applicant or his designated representative.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.
Action on site plan.
(1)
The Planning Board may:
(a)
Grant final approval of the site plan;
(b)
Disapprove the site plan; or
(c)
Conditionally approve the site plan.
(2)
If the Planning Board grants final approval of the site plan, the Planning Board shall direct the Planning Board Chairman to endorse its approval on the original and one copy of the final site plan. Once signed, the Planning Board shall forward the Mylar and site plan to the CEO. The CEO shall issue a zoning permit to the applicant if the project conforms with all other applicable requirements and permits.
(3)
If the Planning Board disapproves the site plan, the Planning Board shall so inform the CEO and the applicant. The Code Enforcement Officer shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
(4)
If the Planning Board conditionally approves the site plan, the site plan initially submitted shall be considered to be the preliminary site plan, and the applicant may prepare his final detailed site plan and submit it to the Planning Board for approval. If more than six months has elapsed between the time of the Planning Board's report on the preliminary site plan and the submission of the final site plan, and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
§ 350-92 Application for final detailed site plan approval.
A.
The final detailed site plan shall conform substantially to the preliminary site plan that has received conditional (preliminary) site plan approval. It shall incorporate any revisions or other features that may have been recommended by the Planning Board during the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
B.
The following additional information shall accompany an application for final site plan approval:
(1)
Detailed sizing and final material specification of all required improvements.
(2)
An estimated project construction schedule.
(3)
A detailed plan identifying all lands, easements and rights-of-way which shall be commonly owned with the identification of the association responsible for said ownership, the method of managing commonly owned properties and requiring that the officers of said association shall be identified to the CEO in writing on an annual basis.
(4)
Information specifying the materials to be used and information as to the character of the exterior design.
§ 350-93 Action on detailed final site plan application.
A.
Within 62 days of the receipt of a complete application for final site plan approval, the Planning Board shall render a decision to the applicant and the CEO.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Upon approval by all involved agencies, an application for final site plan approval by the Planning Board shall direct the Planning Board Chairman to endorse its approval on the original Mylar and one copy of the final site plan. Once signed, the Planning Board shall forward the Mylar and site plan to the CEO. The CEO shall issue a zoning permit to the applicant if the project conforms with all other applicable requirements and permits.
C.
Upon disapproving an application for a final site plan, the Planning Board shall so inform the CEO and the applicant. The Code Enforcement Officer shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
§ 350-94 Supplemental regulations pertaining to site plan approval.
A.
Expiration of site plan approval. Such site plan approval shall automatically terminate one year after the same is granted unless significant work has been done on the project.
B.
Reimbursable costs. Reasonable costs incurred by the Town for consultation fees or other extraordinary expenses associated with the review of a proposed site plan shall be charged to the applicant in accordance with the fee schedule.
C.
Performance guarantee.
(1)
No zoning permit shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee, approved by the Planning Board, has been posted for improvements. The sufficiency of such performance guarantee shall be determined by the Planning Board after consultation with the CEO, Town Engineer, Planning Board and Town Attorney.
(2)
The Planning Board shall have the option of requiring a performance bond or other financial guarantee in an amount sufficient to restore the property to its original condition if the applicant fails to comply with the conditions of the site plan approval.
D.
Inspection of improvements and development. The CEO shall be responsible for the overall inspection of site improvements, including coordination with the Town officials and agencies, as appropriate. No certificate of occupancy shall be granted prior to a final inspection and determination of conformity to the site plan and New York State Building Code.
E.
Integration of site plan approval procedure with other Planning Board approvals. Whenever the particular circumstances of a proposed development require compliance with either the special use permit procedures or other requirements of this chapter, 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 compliances. In any case, all state permits and local land use control approvals shall be procured prior to the issuance of a building permit for a development project.
F.
Conflicts. If any conflicts exist between this site plan review procedure and other land use controls of the Town, this article shall apply.