Berne Town City Zoning Code
ARTICLE VIII
Building Permits, Site Plan Approval and Certificates of Occupancy
§ 190-57 Building permit.
A.
No building or structure shall be erected, added to, or structurally altered or house trailer or recreational trailer placed until a permit to do so has been issued by the Building and Zoning Administrator in accordance with the provisions of the Building Code.
B.
All applications for building permits shall be accompanied by two copies of a plat plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings as may be required by the Building and Zoning Administrator to determine compliance with this chapter. One copy of such plans, when approved by the Building and Zoning Administrator, shall be returned to the owner upon the payment of a fee in accordance with the schedule of fees as promulgated from time to time by the Town Board.
§ 190-58 Site plan approval.
A.
In each case where a building or use requires site plan approval, an application for site plan approval shall be made in writing to the chairman of the Planning Board and shall be in accordance with the standards set forth herein. All submissions for site plan approval shall be accompanied by a fee to pay for the costs of the planning design and engineering review as from time to time shall be established by the Town Board. The objectives of site plan review are to insure that the design and layout of structures are in harmony with the character of the area in which it is located and to insure that land use and development is appropriately designed for the community and the environment.
B.
A site plan of any proposed development of land, prepared by a registered architect, licensed landscape architect, licensed land surveyor, and/or professional engineer, shall be submitted in three stages: sketch plan (optional), preliminary plan, and final plan.
(1)
Presubmission/sketch plan.
(a)
Prior to a formal submission, the applicant, and/or his designated representative, should meet in person with the Planning Board to discuss the proposed site plan in order to generally determine the information which should be incorporated in the preliminary site plan. The sketch plan phase is for the convenience of the applicant.
(b)
At the sketch plan conference the applicant, in addition to a statement or rough sketch describing what is proposed, should provide, to the extent applicable, the following:
[1]
The names of all owners of record of all adjacent properties and the lot, block, and section number of the subject property as shown on the county Tax Maps.
[2]
Existing school, zoning, and special district boundaries.
[3]
Boundaries of the property, building or setback lines as required in this chapter, and lines of existing streets and adjoining lots. Reservations, easements, and areas dedicated to public use, if known, shall be shown.
[4]
Map showing the applicant's entire property and adjacent properties and streets, at a convenient scale, including the approximate location and dimensions of all existing and proposed structures and the location of all existing structures on adjacent properties and within 100 feet of the site boundary.
[5]
All existing and proposed paved areas.
[6]
Areas to be left undisturbed.
[7]
Existing topography, lawns, meadows, shrubs and trees, hedgerows and stone walls (general location), watercourses, wetlands, rock outcrops, and other prominent physical features.
[8]
A general written description of the architectural features of the proposed structure(s).
(2)
Preliminary plan. Five copies of the preliminary application and required information shall be submitted. The preliminary plan shall include all applicable information contained in the sketch plan in addition to the following:
(a)
Title of development, date, North point, scale, name and address of record owner and of the engineer, architect, land planner, or surveyor preparing the site plan.
(b)
All means of vehicular access and egress to and from the site onto public streets.
(c)
Elevations, and sections of proposed structures and roads, showing the proposed location, use and design of all buildings and structures, including any proposed division of buildings into units of separate occupancy and location of drives thereto, and showing the proposed location of all roads, pedestrian walkways and fire lanes.
(d)
The location and layout of any off-street parking or loading areas.
(e)
The location of all proposed water lines, valves, and hydrants and sewer lines or of alternative means of water supply and sewage disposal and treatment.
(f)
The proposed location, direction, power, and timing of proposed lighting.
(g)
Extent and amount of cut and fill for all disturbed areas, including before-and-after profiles and cross sections of typical development areas, parking lots and roads.
(h)
Proposed stormwater drainage system.
(i)
The proposed location, size, color and illumination of proposed signs.
(j)
Location of all existing and proposed site improvements, including drains, culverts, retaining walls, and fences.
(k)
Location of any outdoor storage.
(l)
Detailed breakdowns of all proposed floor space by type of use.
(m)
In an Industrial District, specific uses proposed, numbers of employees for which buildings are designed, type of power to be used for any manufacturing process, type of wastes or by-products to be produced by any manufacturing process, and the proposed method of disposal of such wastes or by-products shall also be shown.
(n)
Architectural plans. In the TN/MU1 and 2 Districts, architectural plans of proposed buildings or additions, which shall include building facades, wall and roof materials, architectural window and door details, colors and such data as the Planning Board deems necessary for it to determine whether the proposed structure complies with Article V, § 190-22, Traditional Neighborhood/Mixed Use Districts 1 and 2 design standards and guidelines.
(o)
Environmental assessment. Part I of the environmental assessment form and any other necessary documentation to comply with SEQR.
(p)
A detailed landscaping plan.
(q)
A traffic impact analysis. A traffic impact analysis will be required for any new use proposing to increase traffic on state, county or Town roads within the Town by 100 or more cars per day.
(3)
Final plan.
(a)
The final detailed site plan shall conform substantially to the preliminary site plan originally recommended for approval. It should incorporate any modifications that may have been recommended by the Planning Board in its 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 detailed site plan review:
[1]
Record of application for and status of all necessary permits from state and county officials.
[2]
Detailed sizing and final material specification of all required improvements.
[3]
An estimated project construction schedule.
(4)
Official submittal. The time of submission of the site plan shall be considered to be the date of the respective regular monthly meeting of the Planning Board, at least 10 days prior to which the completed application, the proper fee and all data required by these regulations shall have been filed with the Secretary of the Planning Board.
(5)
State environmental quality review compliance. No application shall be deemed complete without compliance with State Environmental Quality Review, including, where necessary, a lead agency determination, a negative or positive declaration and the submission of an acceptable draft environmental impact statement.
(6)
Referrals. At least 10 days prior to the public hearing, the Planning Board shall mail notices thereof to the Albany County Planning Board as required by § 239-m of the General Municipal Law. In the event a public hearing is not required, such proposed action shall be referred before final action is taken thereon.
(7)
Planning Board action on preliminary site plan:
(a)
Public hearing. The Planning Board may conduct a public hearing on the preliminary site plan if considered desirable by a majority of its members. Such hearing shall be held within 62 days of the receipt of complete application for preliminary site plan review and shall be advertised in the Town's official newspaper or, if there is none, in a newspaper of general circulation in the Town at least five days before the public hearing.
(b)
Decision. Within 62 days of receipt of the complete application for preliminary site plan approval or if a public hearing is held within 62 days of public hearing, the Planning Board shall render a decision. The Planning Board's action shall be in the form of a written statement to the applicant stating whether the preliminary site plan is recommended for approval, disapproval or approval with modifications. The Planning Board's statement may include recommendations of desirable modifications to be incorporated in the final site plan, of which conformance with said modifications shall be considered a condition for a recommendation of approval. If the preliminary site plan is recommended for disapproval, 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. The Planning Board's decision must be filed with the Town Clerk within five business days after such decision is rendered and a copy mailed to the applicant.
(8)
Planning Board action on final site plan. After receiving a recommendation for approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit a final detailed site plan to the Planning Board. If more than six months has elapsed since the time of the Planning Board's action on the preliminary 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.
(a)
Public hearing. The Planning Board may conduct a public hearing on the final site plan if considered desirable by a majority of its members. Such hearing shall be held within 62 days of the receipt of complete application for final site plan review and shall be advertised in the Town's official newspaper or, if there is none, in a newspaper of general circulation in the Town at least five days before the public hearing.
(b)
Decision. Within 62 days of receipt of the complete application for final site plan approval or if a public hearing is held within 62 days of public hearing, the Planning Board shall render a decision. The time period in which the Planning Board must render its decision can be extended by mutual consent of the applicant and the Planning Board. In its decision, the Planning Board may approve, approve with modifications or disapprove the final site plan. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by the Code Enforcement Officer.
[1]
Approval. Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the final site plan and shall immediately file it and a written statement of approval with the Town Clerk.
[2]
Disapproval. Upon disapproval of the final site plan, the decision of the Planning Board shall immediately be filed with the Town Clerk and a copy thereof mailed to the applicant by certified mail, return receipt requested, along with the Planning Board's reasons for disapproval.
(9)
Failure to take action on application. Failure of the Planning Board to render a decision within the prescribed time limits shall constitute approval by the Planning Board.
(10)
General criteria and standards. In review and approval of site plans, the Planning Board shall follow the following standards set forth in this section, in addition to all applicable specific standards set forth elsewhere in this chapter. The standards are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention and innovation.
(a)
Ecological considerations. The development shall, insofar as practicable:
[1]
Result in minimal degradation of unique or irreplaceable land types and in minimal adverse impact upon the critical areas such as streams, wetlands, areas of aquifer recharge and discharge, steep slopes, highly erodible soils, areas with a high water table, mature stands of vegetation and extraordinary wildlife nesting, feeding or breeding habitat.
[2]
Conform with existing geologic and topographic features, to the end that the most appropriate use of land is encouraged.
(b)
Landscape. The landscape shall be preserved in its natural state, insofar as practicable and environmentally desirable, by minimizing tree and soil removal. If development of the site necessitates the removal of established trees, special attention shall be given to the planting of replacements or to other landscape treatment. Any grade changes shall be in keeping with the general appearance of neighboring developed areas.
(c)
Relation of proposed structures to environment.
[1]
Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures.
[2]
Proposed structures shall be so sited as to minimize any adverse impact upon the surrounding area, and particularly upon any nearby residences, by reason of:
[a]
Building location, height, bulk and shadows.
[b]
Location, intensity, direction and times of use of outdoor lighting.
[c]
Likelihood of nuisances, noise or glare.
[d]
Consideration of building design in conformance with Article V, § 190-22, Traditional Neighborhood/Mixed Use Districts 1 and 2 design standards and guidelines.
[e]
Other similar considerations. Appropriate natural or artificial screening may be required to minimize any such adverse impact.
(d)
Scenic, historic, archaeological and landmark sites Scenic, historic, archaeological and landmark sites and features that are located on or adjacent to the proposed development shall be preserved and protected insofar as practicable and in conformance with Article V, § 190-21, Historic Districts, herein.
(e)
Surface water drainage A proposed development shall be designed so as to provide for proper surface water management through a system of controlled drainage that, wherever practicable, preserves existing natural drainage patterns and wetlands and enhances groundwater recharge areas and that protects other properties and existing natural and artificial drainage features from the adverse effects of flooding, erosion and the depositing of silt, gravel or stone. All requirements of the New York State Department of Environmental Conservation related to the State Pollution Discharge Elimination System shall be met.
(f)
Traffic effects and driveway connections to public streets. The site plan proposal shall minimize adverse traffic effects on the road networks serving the area in question. All entrance and exit driveways to public streets shall be located with due consideration for traffic flow and so as to afford maximum safety to traffic on the public streets in conformance with Article V, § 190-17E, Driveway and road standards, herein.
(g)
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, including handicapped access.
(h)
Location, arrangement, appearance and sufficiency of off-street parking spaces and loading areas.
(i)
Adequacy of water supply facilities.
(11)
Additional submissions. Where, due to special conditions peculiar to a site, or the size, nature, or complexity of the proposed use or development of land or buildings, the Planning Board finds that additional information is necessary for proper review of the site plan, the Board may request additional pertinent information.
(12)
Waiver of required information. Upon a finding by the Planning Board that, due to special conditions peculiar to a site, certain of the information normally required as part of the site development plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive such requirements wherever, in the opinion of the Board, such variance or waiver will not be detrimental to the public health, safety, or general welfare or have the effect of nullifying the intent and purpose of the site development plan submission, the Official Map, the Master Plan, or this chapter.
(13)
Performance guarantee. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Town Board after consultations with the Planning Board, Building and Zoning Administrator, Town Attorney and other appropriate parties.
(14)
Inspection of improvements. The Zoning Officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board and other officials and agencies, as appropriate.
(15)
Expiration of approval. A site plan 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 site plan approval may be renewed by the Planning Board at its direction.
(16)
Integration of procedures. Whenever the particular circumstances of a proposed development require compliance with either the special use procedure in this chapter or the Town Land Subdivision Regulations,[1] 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.
[1]
Editor's Note: See Ch. 170, Subdivision of Land.
(17)
Court review. Any person aggrieved by a decision of the Planning Board may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision by such Board in the office of the Town Clerk. The Court shall itself dispose of the matter on the merits, determining all questions which may be presented for determination.
§ 190-59 Certificate of occupancy.
A.
No land shall be used or occupied and no building or structure hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Building and Zoning Administrator in accordance with the provisions of the Building Code.
B.
All certificates of occupancy for new or altered buildings or structures shall be applied for coincident with the application for a building permit therefor. Such certificate of occupancy shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter.