Beekman City Zoning Code
ARTICLE XI
Special Use Permits and Site Plan Procedure
§ 155-59 Site plan review.
A.
Purpose. The purpose of this section is to ensure that the site plan, architectural plans and location and dimension of buildings and improvements shall be of such character as to harmonize with the neighborhood, to accomplish a transition in character between areas of unlike character, to protect property values, to preserve and enhance the appearance and beauty of the community and to avoid an adverse impact on adjacent land uses. "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities" provides useful guidance in preparing site plans.
B.
Applicability. No building permit may be issued without conformance to this section.
(1)
Site plan approval by the Planning Board in accordance with this section is required for the proposed use or changes in use of land, buildings and other structures for the following:
(a)
Residential districts: all special use permits and proposed alterations or new developments within the residential districts and Residential-Mobile Home (R-MH) District.
(b)
Other districts: principal uses, accessory uses and special permit uses in all other districts.
(c)
Nonconforming uses: existing nonconforming uses in any district.
(2)
Where site plan approval is required by this chapter, no building permit nor any land clearing or regrading, and, in the case of a change of use, no certificate of occupancy shall be issued by the Building Inspector, unless such building permit is for demolition work to correct zoning, fire code or safety violations, until such a plan shall have been approved by the Planning Board and any conditions attached thereto have been met.
C.
Application procedures.
(1)
Applications for site plan approval shall be presented to the Planning Board and its appropriate consultants at least 17 calendar days prior to the scheduled public meeting for the project.
(2)
A site plan approval application fee as specified in the current Town of Beekman adopted fee schedule shall be paid prior to the initial review of the application. Any revisions to the current adopted fee schedule, as implemented by the Town Board, shall not require a zoning amendment pursuant to Article XIV of this chapter.
(3)
In the case of a use conversion, which does not require additional construction or site modifications, or in the case of minor changes requiring a building permit, the Planning Board may determine that the site plan application procedures outlined herein are not applicable. This determination shall be made by the Planning Board, in writing, after receipt of a recommendation from the Zoning Administrator.
(4)
The Planning Board may revise any application requirements set forth below without amending this chapter.
D.
Application procedure: sketch. A sketch plan shall be submitted by the applicant prior to the preparation and submission of a formal site plan. The intent of the sketch plan is to enable the applicant to inform the Planning Board of his proposal prior to the preparation of a detailed site plan and to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant should provide the following:
(1)
A written statement and sketch plan showing:
(a)
The location and tax parcel of the proposed development, showing setback requirements, the zoning district boundaries and the name/seal of the professional engineer (PE), landscape architect (RLA) and/or land surveyor (LS). The sketch plan shall depict adjacent properties and buildings within 500 feet of the applicant's property lines, or, alternatively, an aerial photograph may be submitted.
(b)
The locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features.
(c)
Anticipated changes in the existing topography and natural features.
(e)
Application fee and form in duplicate.
(f)
Proof of ownership and copy of approved subdivision plan creating the parcel.
(g)
Full environmental assessment form.
(h)
A list of the site plan regulations in this article that the applicant is requesting to have waived.
(2)
A sketch or map of the area which clearly shows the location of the site with respect to nearby street rights-of-way, properties, easements and other pertinent features within 1,000 feet of the parcel.
(3)
A topographic or contour map of adequate scale and detail to show site topography for the sketch plan.
E.
Application procedure: preliminary.
(1)
Within six months after sketch plan approval, the preliminary site plan application shall be complete and in a form acceptable to the Planning Board and be accompanied by a detailed site plan prepared by a New York State licensed professional engineer, registered landscape architect or registered architect and shall be accompanied by all information included in the following checklist unless waived by the Planning Board. Sketch plan approval shall expire six months from the approval date if a preliminary site plan application has not been submitted.
(a)
Title of the drawing, including the name and address of the applicant and the person responsible for preparation of such drawing, including a professional engineer (PE), registered architect (RA), registered landscape architect (RLA) and/or Professional Land Surveyor (LS) seal.
(b)
North arrow, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses, designated wetlands, one-hundred-year flood elevations, slopes over 20%, edge of existing woods and major rock outcrops.
(e)
Grading and drainage plan, showing existing and proposed contours. Topography shall be drawn at two-foot contour intervals. The details of any drainage system proposed including silt retention basin, both for the construction process of the system and the final development and maintenance of the system.
(f)
Location, architectural design renderings, type of construction and the proposed use and exterior dimensions of all buildings.
(g)
Location, design and type of construction of all parking and truck loading areas, showing access and egress.
(h)
Provision for pedestrian access.
(i)
Location of outdoor storage areas and outdoor vending machine locations, if any.
(j)
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(k)
Description of the method of securing water supply and of sewage disposal and the location, design and construction materials of such facilities.
(l)
Location of fire and other emergency zones, including the location of fire hydrants.
(m)
Location, design and construction materials of all energy-distribution facilities, including electrical, gas and solar energy.
(n)
Location, size and design and type of construction of all proposed signs.
(o)
Location and proposed development of all buffer areas, including identification of existing vegetative cover.
(p)
Location and design of outdoor lighting facilities.
(q)
Location of trash disposal, appropriately screened, covered and located in the rear of the structure, if appropriate.
(r)
Identification of the location and amount of building area proposed for retail sales or similar commercial activity, if applicable.
(s)
Landscaping plan and planting schedule prepared by a registered landscape architect.
(t)
Maintenance plan for the landscaped area.
(u)
An estimated project construction schedule.
(v)
Record of application for and approval status of all necessary permits from state and county officials.
(w)
Identification of any state or county permits required for the project's execution.
(x)
Details of erosion and sediment control. A diagram showing what erosion controls will be installed, and a schedule for their installation and maintenance.
(y)
Other elements integral to the proposed development as considered necessary by the Planning Board.
(z)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 128 and Article XVI of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XVI of this chapter. The approved site plan shall be consistent with the provisions of these stormwater management regulations.
(aa)
Locations of wells/septics. The locations of any wells, the depth, and pumping rate thereof, and of any waste disposal systems within 250 feet of the property boundaries.
(bb)
Miscellaneous information. Applications shall also contain such other design specifications, engineering studies, hydrogeologic studies or impact considerations as the Planning Board may deem necessary.
(cc)
Location of disturbed area. The location of the construction area and the limits of disturbance associated with the proposed activity.
(2)
Exceptions. On the advice of the Town Engineer and/or Town Planner, the Planning Board may waive the provisions of any item of information listed above.
F.
Planning Board review of preliminary site plan. The Planning Board's review of a preliminary site plan shall include, as appropriate, but is not limited to the following general considerations:
(1)
Adequacy and arrangements of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, 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 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 principal and accessory buildings, lighting and signage.
(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-deterring buffer between the applicant's lands and adjoining lands.
(8)
Reservation of parkland on site plans containing residential units.
(a)
Before the Planning Board may approve a site plan containing residential units, such site plan shall also show, when required by such board, a park or parks suitably located for playground or other recreational purposes.
(b)
Land for park, playground or other recreational purposes may not be required until the authorized board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute.
(c)
In the event the Planning Board makes a finding pursuant to Subsection F(8)(b) of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the authorized board may require a sum of money in lieu thereof to be established by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
(9)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(11)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(12)
Review of the environmental assessment form.
G.
Public hearing and action by the Planning Board.
(1)
Prior to preliminary site plan approval by the Planning Board, the following shall be required:
(a)
The applicant shall notify, by certified mail, all property owners within 500 feet of the project site's property boundary of the date, time, place and subject of the public hearing at which the site plan will be reviewed. The records of the Town of Beekman Receiver of Taxes shall be deemed conclusive as to ownership, and the notice shall be deemed complete when deposited in properly addressed envelope in the United States Mail. Proof of such mailing shall be submitted to the Planning Board Secretary prior to the public hearing.
(b)
The applicant shall be responsible for advertising the public hearing in a newspaper of general circulation and shall deliver an affidavit of such publication to the Planning Board Secretary prior to the public hearing.
(2)
Within 62 days of the receipt of a completion of the public hearing and a determination by the Town Engineer that the application is technically sufficient, the Planning Board shall act to approve, approve with modifications or disapprove the proposed site plan. A copy of the Board's decision shall be filed in the offices of the Town Clerk, the Zoning Administrator and a copy thereof mailed to the applicant.
(3)
The Planning Board's statement may include recommendations of modifications to be incorporated in the final site plan, which conformance with said modifications shall be considered a condition of approval. If the preliminary 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.
(4)
Revocation of approval. Within six months of the approval of the preliminary site plan, the owner must submit the site plan in final form. If the final site plan is not submitted within six months, approval of the preliminary site plan shall expire.
H.
Procedure for final site plan approval.
(1)
Application.
(a)
After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan and after the public hearing is held, the applicant shall submit a final detailed site plan to the Planning Board for approval.
(b)
The final detailed site plan shall conform to the approved preliminary site plan. It should incorporate any revisions or other modifications that may have been recommended by the Planning Board in its preliminary review and all applicable comments received at the public hearing and from the Dutchess County Planning Department.
(c)
The following additional information shall accompany an application for final detailed site plan approval:
(2)
Within 62 days of receipt of the complete application for final site plan approval, the Planning Board shall render a decision to the Building Inspector.
(a)
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 Building Inspector. The Building Inspector may then issue a building permit or certificate of occupancy if the project conforms to all other applicable requirements.
(b)
Upon disapproval of a final site plan, the Planning Board shall so inform the applicant and Building Inspector, in writing, of its decision and its reasons for disapproval. The Building Inspector shall deny a building permit or certificate of occupancy to the applicant.
(3)
Duration of conditional approval for final site plan. Conditional approval of the final site plan shall expire 180 days after the resolution granting such approval unless all requirements in such resolution have been certified as completed. The Planning Board may extend, by not more than two additional periods of 90 days each, the time in which a conditionally approved site plan must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.
I.
Performance bonds. The applicant shall be required to post performance bonds in sufficient amounts and duration to assure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cable or other connecting facilities, sanitary sewers and storm drains or combined sewers or other public improvements proposed shall all be installed in accordance with standards, specifications and procedure acceptable to the appropriate Town departments.
§ 155-60 Special use permits.
A.
Applicability in the Schedule of Permitted Uses (Schedule A).[1] As special uses are declared to possess characteristics of unique and distinct form, each specific use shall be considered as an individual case, and they shall conform to, but not be limited to, the following general requirements as well as the pertinent supplementary regulations and the land use policies, principles and guides of "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities."
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
General provision. The special uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth therein in addition to all other requirements of this chapter.
C.
Application and referral. Application for a special use permit shall be made, in writing, to the Planning Board. The Planning Board shall fix a time within 45 days from the day a complete application for special use permit is made for a public hearing, unless waived by the applicant and the Planning Board. Public notice shall be given by publication in the newspaper of such hearing at least five but not more than 10 days prior to the date of public hearing. The Secretary of the Planning Board will record in the minutes of the hearing the names of any of the abutting property owners and other nearby residents with a legitimate interest who support or object to the granting of the special use permit and the reasons why. Such information is to be given consideration in arriving at a permit decision. Within 45 days of said hearing, the Planning Board shall approve, approve with modifications or disapprove the special use permit. The decision of the Planning Board shall be filed in the office of the Town Clerk. No building permit shall be issued for special uses until the provisions of the Planning Board have been met.
D.
Coordination of special use permit/site plan review. All land uses granted by special use permit will require completion of the site plan review requirements. Applicants shall submit special use permit and site plan applications simultaneously. Site plan review requirements are enumerated in § 155-59.
E.
The applicant shall notify, by certified mail, all property owners within 500 feet of the project site's property boundary of the date, time, place and subject of the public hearing at which the site plan will be reviewed. The records of the Town of Beekman Receiver of Taxes shall be deemed conclusive as to ownership, and the notice shall be deemed complete when deposited in properly addressed envelope in the United States Mail. Proof of such mailing shall be submitted to the Planning Board Secretary prior to the public hearing.
F.
Required plan. A plan for the proposed development to a site for a special use shall be submitted to the Planning Board with an application for a special use permit. The plan shall be drawn to a scale of 40 feet to an inch or larger and shall show at a minimum:
(1)
The location, proposed use, architectural design detail and height of all buildings and structures.
(2)
The location and size of all parking and truck loading areas, with access and egress drives thereto.
(3)
The location of outdoor storage and display areas, if any, and the anticipated items to be stored or displayed, their type, bulk, height and schedule of yearly use.
(4)
The location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(5)
A description of the method of water supply and sewage disposal and the location of such facilities.
(6)
The location, height and size of all signs.
(7)
The location and proposed development of buffer areas and landscaping on the project site.
(8)
The location and design of lighting, power and communications facilities.
(9)
The amount of building area proposed for retail sales use, if any.
(10)
Any proposed division of buildings into units of separate occupancy.
(11)
Any other information that the Planning Board may require as necessary to act on the special use permit application.
G.
Planning Board report, consideration and scope.
(1)
The Planning Board, after public notice and hearing in the same manner as required under law for the consideration of variances, may approve the issuance of a permit, provided that it shall find that all of the following conditions and standards have been met:
(a)
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
(b)
The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(c)
Operations in connection with any special use will not be offensive, potentially dangerous, destructive of property values and basic environmental characteristics or detrimental to the public interest of the Town and not be more objectionable to nearby properties by reason of noise, fumes, vibration, flashing of lights and similar nuisance conditions than would be the operations of any permitted use not requiring a special use permit.
(d)
Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
(e)
The use conforms in all respects to all the regulations of this chapter and particularly to the specific supplementary regulations that may apply to such use.
(2)
The Planning Board shall require such additional conditions and safeguards to the special use permit as may be necessary to assure continual conformance to all applicable standards and requirements.
H.
If the Planning Board indicates that all applicable requirements have been met and approves the special use permit, it shall approve issuance of the permit for which application has been made, including such conditions and safeguards to the permit as have been required. The Zoning Administrator shall not issue the permit for which the application has been made until receipt of written permit approval from the Planning Board.
I.
Expiration of special use permits. A special use permit shall be void if construction is not started within one year and completed within two years of the date of the final site plan approval, except that such special permit approval may be renewed by the Planning Board at its discretion.
J.
Waiver. The terms and conditions of a special use permit may be modified by application to the Planning Board in the same manner as an application for a new special use permit. In the event that the modification sought is deemed insubstantial by the Planning Board, it may waive one or more of the requirements of this section.
K.
Revocation of special use permits. Special use permits may be revoked by the Planning Board in the event of substantial deviation from approved special use permit conditions, and the use allowed by the special use permit shall terminate immediately.
L.
Existing violations. No permit shall be issued for a special use for a property upon which there is an existing violation of this chapter. The Planning Board may consider an application, which seeks to legalize an existing use, provided that there are no additional existing violations.
M.
Performance bonds. The applicant may be required to post performance bonds in sufficient amounts and duration to assure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, other required landscaping, water mains, fire alarm devices, including necessary ducts and cable or other connecting facilities, sanitary sewers and storm drains or combined sewers shall all be installed in accordance with standards, specifications and procedures acceptable to the appropriate Town departments and other regulatory agencies.
N.
Inspection fee. The applicant shall be required to pay an inspection fee as required by the Town Board.