The intent of site plan review and approval is to determine compliance with the purpose and provisions of this title. The further intent of this chapter is to evaluate conditions and environmental impact that may cause conflict between existing and proposed uses or be in conflict with natural site conditions. The evaluation is intended to minimize the adverse effects concerning health, safety, and overall welfare of the residents of the community through a collaborative process between the town and developers of properties in the town.

(LL No. 1, 2021, § 1)

The power to approve, approve with modification and/or conditions, or disapprove a site plan for a use is vested in the planning board pursuant to Section 274-a of Article 16 of the New York State Town Law. Where a site plan approval is required, no building permit shall be issued until site plan approval is granted. The planning board may impose conditions on a site plan approval that are to be fulfilled prior to the issuance of a building permit, certificate of compliance or occupancy. The planning board in their review of any site plan shall be guided by the provisions set forth in this chapter and elsewhere in this title and the planning board may require that the site plan be prepared by a design engineer. Such requirement shall be based on the complexity of the site features and of the proposed structure or land use as related to same.

(LL No. 1, 2021, § 1)

A.

Notwithstanding any provision of law to the contrary, where a proposed site plan contains one or more features which do not comply with the bulk and density requirements of this title or other physical or dimensional requirements, application may be made to the zoning board of appeals for an area variance pursuant to Chapter 17.60 of this title.

B.

Such application shall be made part of the application for such site plan approval;

C.

The fee for such application shall be in addition to that required for said site plan approval.

(LL No. 1, 2021, § 1)

The developer is required to comply with all conditions of site plan approval.

(LL No. 1, 2021, § 1)

The planning board in its discretion, may waive any requirements of this chapter deemed not necessary for review of an application for site plan review.

(LL No. 1, 2021, § 1)

As part of the site plan review process, the planning board may offer the services of its planning and design consultant to assist the applicant in creating a concept plan for the project. The intent of the option is to offer early facilitation of creative design solutions, operating outside of the more rigid process of typical plan review and comment. The option would include coordination with town staff and boards as appropriate. The cost of this option would be borne by the applicant and only upon agreement by the applicant. The option is available as a supplement to typical staff town consultant review services with the goal of creating an enhanced project design and a more efficient and cost effective review process for the applicant.

(LL No. 1, 2021, § 1)

An applicant may submit a concept plan for discussion and comment by the planning board or its designated committee as prescribed by the rules of the planning board. The purpose of the concept plan is to facilitate the preparation of an adequate preliminary plan. The concept plan shall be submitted in accordance with the rules of the planning board.

A.

Concept Plan Contents. The concept plan shall comprise the following data which shall be clearly labeled with the name of the proposed development, name of the applicant, and tax parcel number of the lot proposed for development:

1.

An area map showing:

a.

All lots proposed for development by the applicant,

b.

All of the following data within one thousand (1,000) feet of the boundary line of the lot specified in this subsection:

i.

Existing and proposed lots and their ownership,

ii.

Existing and proposed uses,

iii.

Existing and proposed districts,

iv.

Existing and proposed roads,

v.

Existing and proposed subdivisions,

vi.

Existing and proposed easements,

vii.

Existing and proposed structures,

viii.

All existing natural features such as water bodies, watercourses, wetlands, wooded areas, special flood hazard areas, and individual large trees,

ix.

District boundaries including zoning, fire, school, sewer, and water, and

x.

All soil classifications;

2.

An area map of the site topography, at a scale of not less than one inch to two thousand (2,000) feet, showing the entire proposed site area and the location of the lots for the proposed development;

3.

A scaled site development map of the concept plan showing existing and proposed:

a.

Structures,

b.

Public and private improvements;

4.

Additional data:

a.

Name, address, and telephone number of applicant,

b.

Concise written description of the proposed development, including:

i.

Purpose, nature, and magnitude of the use,

ii.

Projected time frame for the proposed development,

iii.

Notation of the acreage of the lot proposed for development,

iv.

Square footage of each proposed structure,

v.

Proposal for the source of water supply and method for sewage disposal.

B.

Action on the Concept Plan. The planning board or its designated committee shall:

1.

Review the concept plan with the applicant; and

2.

Give its written comments thereon to the applicant.

(LL No. 1, 2021, § 1)

A.

A site plan application shall comprise:

1.

Completed forms of the planning board required of the applicant by the rules of the planning board;

2.

Preliminary plan in accordance with Section 17.32.090;

3.

Final plan in accordance with Section 17.32.120;

4.

Environmental assessment form required of the applicant by the rules of the planning board;

5.

Supplemental engineering and technical reports as appropriate to the contents of the preliminary and final plans and required by the planning board; and

6.

Other information required by the planning board.

7.

Applicable fees per most current fee schedule.

B.

A site plan application shall be submitted to the planning board in accordance with the published meeting and submission schedule of the planning board.

(LL No. 1, 2021, § 1)

The preliminary plan shall comprise:

A.

The documents required in Section 17.32.070;

B.

Report and plan regarding any potential environmental impact associated with the proposed development;

C.

The mitigation offered or proposed for any environmental impact;

D.

Preliminary plan drawing that includes the following information:

1.

Title drawing(s), including name, address and telephone number of applicant and the tax parcel number of the lot proposed for development;

2.

North point, scale and date, all revision dates (include month, day, and year);

3.

Boundaries of the development plotted to scale of not more than one hundred (100) feet to one inch on a survey map prepared by a design professional;

4.

Existing natural features such as watercourse, water body, wetland, wooded area and individual large trees, and a notation of features to be retained;

5.

Existing contours at intervals of not more than five feet of elevation and proposed contours at intervals of not more than two feet of elevation;

6.

Location of proposed use and the location, area, and the height of all structures;

7.

Location of all existing and proposed improvements, whether public or private, including roads, drives, internal drives, driveways, stormwater management system, culverts, retaining walls, fences, and easements;

8.

Preliminary design of sewage disposal and water supply systems and location of such systems;

9.

Location and design of all energy distribution facilities, including electrical, gas and solar energy system;

10.

Location of any proposed buffer areas, barrier(s), and/or landscaping;

11.

Delineation of the extent of each residential area, description of dwelling unit type, and a calculation of the residential density in dwelling units per acre for each such area;

12.

Location of each parking area and vehicle loading area, with access and egress to a drive, internal drive, or driveway;

13.

Location, design, and size of all signs and outdoor lighting;

14.

The approximate location and dimension of the area proposed for a neighborhood park or playground, or other recreation open space;

15.

Building orientation and site design for energy efficiency;

16.

Grading plan and erosion control plan, including the description and location of control measures;

17.

Location and design of a stormwater management system; and

18.

The lines and dimensions of any lot which is offered, or is to be offered, for dedication to a government for public use, with the purpose indicated thereon, and of any lot proposed to be reserved for the common use of the occupants of the proposed development.

E.

A stormwater management analysis and plan consistent with the requirements of the Standards for Stormwater Management in the Town of Big Flats, including all design data and computations used as a basis for the design capacities and the performance of the stormwater management system and the erosion control plan.

F.

The planning board may require such additional information that appears necessary for a complete assessment of the development under this title and the State Environmental Quality Review Act (SEQRA).

(LL No. 1, 2021, § 1)

The planning board:

A.

Shall review and evaluate potential environmental impact, compliance with this title and any other applicable law, rule, or regulation, and any other significant concern;

B.

May confer with any consulted agency;

C.

Shall consider the following when reviewing a preliminary plan:

1.

Adequacy and arrangement of vehicular traffic, including public transportation and bicycle access and circulation, including on-site circulation;

2.

Location, arrangement, appearance, and sufficiency of off-road vehicular parking and loading;

3.

Adequacy of pedestrian access, circulation, convenience, and safety;

4.

Location, arrangement, size and design of building, outdoor lighting, and signs;

5.

Relationship of the various uses on the project site to one another and their scale;

6.

Adequacy of a buffer and barrier between adjacent uses and adjoining lots;

7.

Adequacy of any stormwater management system;

8.

Adequacy of structures, roads, drives, internal drives, driveways, and buffers in areas susceptible to flooding, ponding, and/or erosion;

9.

Adequacy of flood damage prevention measures consistent with Chapter 17.24;

10.

Compatibility of development with natural features of the site and with surrounding land uses;

11.

Adequacy of open space for play area, recreation, and natural area such as wildlife habitat, wetland, and wooded area;

12.

Adequacy of orientation of a structure and the site design for energy efficiency, the extent to which the proposed plan conserves energy and energy resources in the community, and the protection of adequate sunlight for a solar energy system;

13.

Adequacy of fire protection, water supply, and site design to accommodate emergency vehicle access;

14.

Consistency of building design, scale, mass, and site location with surrounding development and district intent; and

15.

Any other relevant matter.

D.

Shall determine if the preliminary plan is complete and sufficient to make findings pursuant to Section 17.32.110, and if not, require additional information to make the preliminary plan complete and sufficient;

E.

Shall accept the completed preliminary plan when it finds the preliminary plan is complete and sufficient pursuant to subsection C of this section; and

F.

Upon acceptance of the preliminary plan pursuant to subsection E of this section, a public hearing may be scheduled within sixty-two (62) days from the date of such acceptance.

(LL No. 1, 2021, § 1)

The planning board:

A.

Shall make findings based on the evaluation according to subsection 17.32.100(A);

B.

Shall make a decision based on findings according to subsection A of this section to approve, with or without conditions, or disapprove the preliminary plan; and

C.

Shall provide the applicant with a copy of the findings and decision pursuant to subsections A and B of this section.

(LL No. 1, 2021, § 1)

A.

The final plan shall comprise of:

1.

The approved preliminary plan with any modifications thereof and/or additions thereto required by the planning board; and

2.

Every necessary permit from a governmental authority relating to the development pursuant to the site plan or a written assurance from such governmental authority that it is willing to issue such permit upon the performance by the developer of an action that is or will be required of the developer.

B.

Action on the Final Plan. When the planning board finds the final plan is complete pursuant to subsection A of this section, it shall approve, with or without conditions, or disapprove the final plan, and record the reason for disapproval. A copy of the decision and reason shall be given to the applicant.

(LL No. 1, 2021, § 1)

A.

Approval of a final plan, with or without conditions, constitutes approval of the site plan, subject to any and all conditions of the approved final plan.

B.

Pursuant to the rules of the planning board, the applicant shall submit two sets of final site plans to be signed by the planning board chairperson. The approval endorsement shall be affixed on a copy of the title drawing of the approved site plan. A copy of the endorsed title drawing shall be given to the applicant.

C.

Stormwater Pollution Prevention Plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of this chapter (the town stormwater management and erosion and sediment control law (Chapter 17.37 of this code)) shall be required for site plan approval, if the project meets the criteria for the preparation of a SWPPP. The SWPPP shall meet performance and design criteria and standards set forth in Chapter 17.37 of this code. The approved site plan shall be consistent with the provisions of the town stormwater management and erosion and sediment control law and the state stormwater general permit, most current permit.

(LL No. 1, 2021, § 1)

A.

The planning board may require the re-submittal of a concept plan for a proposed development if:

1.

More than six months has lapsed since the date of giving the planning board's written comments on the concept plan for the proposed development pursuant to subsection 17.32.070(B);

2.

A submitted preliminary plan contains substantial changes in the scope of the proposed development in comparison with the concept plan commented on; or

3.

An applicant who submitted a preliminary plan is different than the applicant who submitted the concept plan commented on for the proposed development.

B.

The planning board may require re-submittal of a preliminary plan if:

1.

More than one year has lapsed since the date of approval of a preliminary plan for a proposed development pursuant to Section 17.32.110;

2.

A submitted final plan contains substantial changes in the scope of the proposed development in comparison with the preliminary plan approved for a proposed development; or

3.

An applicant, who submitted a final plan is different than the applicant who submitted the preliminary plan approved for a proposed development.

(LL No. 1, 2021, § 1)

The applicant or any interested person may appeal a decision of the planning board on a site plan. The appeal shall be made to the state supreme court for review by a proceeding under Article 78 of the Civil Practice Law and Rules of New York State.

(LL No. 1, 2021, § 1)

A.

Expiration and Termination of Site Plan Approval.

1.

Approval of a site plan for a development shall be valid for a period of one year from the date of the date of endorsement of the drawing of the approved final plan.

2.

Failure to secure a building permit or to begin construction or installation of required improvements during the one-year period shall cause a site plan approval to become null and void.

3.

Failure of an applicant or developer to comply with any conditions of approval for an approved site plan shall make the approval null and void.

B.

Extension of Site Plan Approval. The code enforcement officer may extend the time of validity of the site plan approval for a period of not more than two years from the date of approval endorsement pursuant to subsection 17.32.130(B).

(LL No. 1, 2021, § 1)

A.

A proposed deviation from an approved site plan that produces no significant change in performance of the development, as documented in the approved site plan and any conditions thereof, may be approved by the code enforcement officer provided such action is concurred in by the chairperson of the planning board as prescribed in the rules of the planning board.

B.

Any deviation from an approved site plan granted pursuant to this section shall be noted on an as-built drawing submitted to the town for inclusion in the site plan approval record. The as-built drawing shall be received by the town prior to the issuance of any certificate of compliance or occupancy.

(LL No. 1, 2021, § 1)

A.

No proposed change of and/or addition to an approved site plan, other than as provided in Section 17.32.170 shall be executed without approval thereof by an approved site plan containing such site plan amendment.

B.

Any proposed change of and/or addition to an approved site plan, other than as provided in Section 17.32.170 shall require a site plan application addressing such site plan amendment and decision on that application by the planning board pursuant to this chapter.

(LL No. 1, 2021, § 1)

In addition to violations of the town's building code, Title 8 of this code, and the state uniform code, under Title 15 of this code, the failure to maintain landscaping, lighting, parking facilities, stormwater management facilities, or signage in accordance with an approved site plan shall be construed as a violation of an approved site plan. Unless an amendment to the approved site plan is approved in accordance with Section 17.32.180 or a deviation from the approved site plan is granted in accordance with Section 17.32.170, if it is found that upon a site visit by the code enforcement officer or other local official conducted under the terms of Chapter 1.12 (Right of Entry for Inspection) of this code that maintenance of development has not taken place in accordance with the terms stated in the approved site plan, in addition to the penalties described in Chapter 1.08 and Section 15.04.040, the town board, at their discretion, shall have the right to rescind any certificate of occupancy related to the property until such time as the facilities are restored to proper working order in accordance with the terms of the approved site plan.

(LL No. 1, 2021, § 1)