Bolton Town City Zoning Code
ARTICLE V
Approval of Site Plans and Certain Uses
§ 200-25 Purpose of article.
The purpose of this article is to allow the proper integration of commercial and industrial uses and other uses into the community which are listed in Articles IV and VII of this chapter which may be suitable within a zoning district only on certain conditions and only at appropriate locations. Because of their characteristics, or the special characteristics of the area in which they are to be located, these uses require special consideration so that they may be properly located and planned with respect to:
A.
The objectives of this chapter.
B.
Their effect on surrounding properties.
C.
The ability of the Town to accommodate the growth resulting from the proposed use without undue adverse effect on the Town and its citizens and taxpayers, and the protection of health, safety and welfare of the Town and its citizens.
D.
The objectives of the Land Use Plan.
§ 200-26 Applicability of article.
A land use or development involving a use listed in Article IV as multifamily dwellings, commercial uses, or industrial uses (including new construction, additions or changes in use) or under site plan review or in Article VII hereof, shall not be undertaken unless and until the Planning Board has approved or approved with conditions such use, and the Zoning Administrator has issued a permit for such land use or development pursuant to the terms of Article XII hereof. Type I uses, listed under site plan review in Article IV, require a permit from the APA as a Class A Project. A list of Class A Projects is included in this chapter under Appendix A. Class B Regional Projects are Type II uses under site plan review. A list of Class B Projects is included in this chapter under Appendix B.[1]
[1]
Editor's Note: See Ch. 150, Subdivision of Land, Appendix B.
§ 200-27 Authorization to approve or disapprove site plan.
In accordance with § 274-a of the Town Law, the Planning Board is authorized to review and approve, approve with modifications, or disapprove site plans prepared to specifications set forth in this chapter and in regulations of the Planning Board, showing the arrangement, layout and design of the proposed use of the land shown on such plan, including activities designated as Class A (Type I) and Class B (Type II) regional projects by the Adirondack Park Agency and all commercial and industrial uses and multifamily residential uses.
§ 200-28 Application for review of site plan.
A.
Application for project approval shall be made to the Planning Board using forms approved by the Board. Applications shall include forms approved by the Board to make its findings under § 200-29 of this chapter. In determining the content of these application forms, the Planning Board may require different information for different types of scales of projects.
B.
Generally, the following information would be a required minimum: a detailed description of the natural features of the project and its components, including all proposed road and accesses, water supply and sewage disposal systems and the relationship to natural features; an analysis with supporting data on the impact of the project on the environment, both during construction and thereafter; and an analysis and supporting data of any benefits that might be derived from the project.
C.
At least two weeks in advance of the scheduled Planning Board meeting date at which a site plan is to be considered, at least 10 copies of the site plan and 10 copies of the application for site plan approval shall be submitted to the Zoning Administrator. The site plan shall show the following:
[Amended 10-2-2001 by L.L. No. 2-2001]
(1)
Existing conditions.
(a)
Legal data.
[1]
Name and address of applicant and authorization of owner, if different from applicant.
[2]
Name and address of owner(s) of record, if different from applicant.
[3]
Name and address of person or firm preparing the plan and map.
[4]
Ownership intentions, such as purchase options.
[5]
Current zoning classification of property, including exact zoning boundary if in more than one district.
[6]
Property boundary line plotted to scale. Distances, angles and area should be shown.
[7]
North arrow, scale and date.
[8]
Locations, widths, elevations and names of existing and proposed adjacent streets.
[9]
Property lines and names of owners of adjoining parcels.
[10]
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within and adjoining the property.
[11]
Description of all existing deed restrictions or covenants applying to the property.
[12]
The identification of any state or county permits required for execution of the project.
[13]
Other requirements which the Planning Board might deem necessary, including but not limited to a licensed survey.
(b)
Natural features.
[1]
Geological features, such as depth to bedrock and the location of rock outcrops.
[2]
Topographic features, including a map showing existing slope at two-foot contour intervals.
[3]
Vegetative cover, including existing wooded areas, significant isolated trees and similar features.
[4]
Soil characteristics, such as load bearing capacity and drainage capacity.
[5]
Hydrologic features should include drainage and runoff patterns, flood hazard areas, wetlands and depth to groundwater.
(c)
Existing development and infrastructure.
[1]
Location and dimensions of major buildings and structures and their use.
[2]
Location and width of roads and paths, including site access.
[3]
Location, size and flow direction of sewers, water supply lines and culverts. Major electric, gas and telephone lines and appurtenances should also be shown.
[4]
Location of other existing development and uses, including parking and loading areas, fences, trees and landscaping.
(2)
New conditions.
(a)
Proposed development.
[1]
Grading and drainage plan showing proposed topography at appropriate contour intervals. This information shall be combined with the map of existing topography.
[2]
Location, proposed height and use of buildings and other structures, such as retaining walls, fences, outdoor storage tanks, air-conditioning units and waste disposal units.
[3]
Location, proposed use, design and construction materials of improvements not requiring structures, such as parking, loading and outdoor storage areas.
[4]
Location and arrangement of site access and egress, including all paths for pedestrian and vehicular travel within the site. Information should include profiles and cross sections of roadways and sidewalks showing grades, widths and location and size of utility lines.
[5]
Location and size of water and sewer lines and appurtenances. Any means of water supply or sewage disposal other than extensions of existing systems should be described, including location, design and construction materials.
[6]
Location, design and construction materials of all energy distribution facilities, including electric, gas and solar energy.
[7]
Location, size and design and construction materials of all outdoor signs.
[8]
General landscaping plan and planting schedule, including areas of natural vegetation to remain, the treatment of buffer areas and the location and type of trees to be planted.
[9]
Estimated project construction schedule with possible phasing plan for large projects.
[10]
Additional specifications for materials.
[11]
Performance bond, amount, completion schedule, public improvements covered, inspection and bond approval if required.
[12]
Any other requirements which the Planning Board might deem necessary, including but not limited to a licensed survey.
NOTE: All plans shall be at a scale of one inch equals 40 feet or larger scale showing the proposed development and their immediate environs. When development is proposed for larger lots, those areas left undeveloped may be shown on a site location map at an appropriate scale and level of detail. |
(3)
Review. In considering the approval of the site plan, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and residents of the immediate neighborhood in particular and shall find that the proposed development meets all the requirements of this chapter.
(a)
Impact of proposal on environs.
[1]
Relationship to adjacent and nearby land uses, both public and private.
[2]
Relationship to existing and proposed traffic patterns.
[3]
Relationship to existing and proposed water supply, sewage disposal and other service capabilities.
[4]
Relationship to the community's ability to provide adequate recreation, education, fire protection and similar facilities and services to its residents and visitors.
[5]
Visual compatibility with surroundings.
[6]
Effect on air and water quality standards applicable primarily to industrial site development plans.
[7]
Effect on energy consumption and conservation.
[8]
Draft Environmental Impact Statement (DEIS) and Environmental Impact Statement (EIS) will be required if the reviewing agency deems the proposal to be significant pursuant to the State Environmental Quality Review Act (SEQRA).
§ 200-29 Procedure.
A.
Application to Zoning Administrator. Following receipt of an application for a project listed as "site plan review," or as designated in § 200-15, the Zoning Administrator shall notify the Planning Board and the Planning Board shall determine its completeness at its next scheduled meeting, and the Zoning Administrator shall notify the Adirondack Park Agency of such receipt as required, shall furnish each body a copy of the project application, and shall furnish to the Agency such pertinent information as the Agency may deem necessary and shall afford each body the opportunity to comment. Any application which meets the criteria of §§ 239-l and 239-m of the General Municipal Law must be sent to the Warren County Planning Board prior to the Planning Board decision.
B.
Planning Board schedules optional hearing. Within 45 days following the determination of a complete application by the Planning Board, the Planning Board shall hold a public hearing if a public hearing is deemed necessary. In determining whether a public hearing is necessary, the Planning Board shall be guided by the expected level of public interest in the project and the possibility of an eventual disapproval. No site plan review project may be disapproved unless a hearing shall have first been held on the project application. The Planning Board shall give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof. In the case of Type II actions, a copy of the public hearing notice shall be mailed to the Adirondack Park Agency and to the Zoning Board of Appeals. The Adirondack Park Agency shall be a full party in interest with standing to participate in any and all proceedings conducted pursuant to this section.
C.
Planning Board decision. Within 62 days after a required public hearing or within 62 days after the receipt of a complete application by a Planning Board where no public hearing is required, the Planning Board shall render a decision. Said decision shall be in the form of an approval, approval with conditions, or disapproval based on the criteria and procedures cited in Articles IV, V, VI and VII of this chapter. The decision shall incorporate the specific description and expiration date for any outstanding variances granted for lots, structures, vegetative cutting and other aspect of the site plan.
[Amended 9-5-2000; 10-2-2001 by L.L. No. 2-2001]
D.
Filing of decision. The decision of the Planning Board shall immediately be filed in the office of the Town Clerk and a copy thereof mailed to the applicant. The decision shall contain such findings of fact as are required by § 200-31 hereof. The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings, whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that guidelines as to intensity of development as provided in this chapter shall be respected. The Planning Board may impose reasonable conditions to ensure that the project will be adequately supported by services and improvements made necessary by the project, and to ensure that the project will be completed in accordance with the requirements and conditions authorized under § 200-26 of this chapter. In addition, the Planning Board may require that the Zoning Administrator incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.
E.
File Type II with Adirondack Park Agency. In the case of Type II site plan review projects, the decision shall also be mailed to the Adirondack Park Agency.
§ 200-30 Criteria for review of Type I and Type II site plan review.
A.
All Type I plans, uses or projects shall be referred to the APA for Class A regional project review simultaneous to the site plan review process. This identical process will be followed for any use exceeding Type I thresholds of Part 617 of the New York State Environmental Quality Review Act (SEQRA).
B.
The Planning Board shall not approve a use unless it first determines that such site plan review use meets the site plan review standards and requirements of § 200-31 and that such site plan review use meets any additional standards and requirements of Article VII applicable to that use and Appendix C as it may apply.[1]
[1]
Editor's Note: See Ch. 150, Subdivision of Land, Appendix C.
§ 200-31 Requirements for Type I and Type II site plan review.
In order to approve any Type I or Type II site plan review use, the Planning Board shall find that:
A.
The use complies with all other requirements of this chapter, including the dimensional regulations of the zoning district in which it is proposed to be located;
B.
The use would be in harmony with the general purpose and intent of this chapter, specifically taking into account the location, character, and size of the proposed use and the description and purpose of the district in which such use is proposed, the nature and intensity of the activities to be involved in or conducted in connection with the proposed use, and the nature and rate of any increase on the burden of supporting public services and facilities which will follow the approval of the proposed use;
C.
The establishment, maintenance or operation of the proposed use would not create public hazards from traffic, traffic congestion, or the parking of automobiles or be otherwise detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to the property and improvements in the neighborhood or the general welfare of the Town; and
D.
The project would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space to provide supporting facilities and services made necessary by the project - taking into account the commercial, industrial, educational, residential, recreational or other benefits that might be derived from the project. In making this determination, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth hereof, and in so doing, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in § 200-28 of this article.
§ 200-32 Development considerations.
The following are those factors which relate to the potential for adverse impact upon the park's natural aesthetic, ecological, wildlife, historical, recreational or open space resources which shall be considered, as provided in the chapter, before any Type I or II site plan review project is undertaken in the Town. Any burden on the public in providing facilities and services made necessary by such land use and development or subdivisions of land shall also be taken into account, as well as any commercial, industrial, residential, recreational or other benefits which might be derived therefrom.
A.
Natural resource considerations.
(1)
Water.
(a)
Existing water quality.
(b)
Natural sedimentation or siltation.
(c)
Eutrophication.
(d)
Existing drainage and runoff patterns.
(e)
Existing flow characteristics.
(f)
Existing water table and rates of recharge.
(2)
Land.
(a)
Existing topography.
(b)
Erosion and slippage.
(c)
Floodplain and flood hazard.
(d)
Mineral resources.
(e)
Viable agricultural soils.
(f)
Forest resources.
(g)
Open space resources.
(h)
Vegetative cover.
(i)
The quality and availability of land for outdoor recreational purposes.
(3)
Air.
(a)
Air quality.
(4)
Noise.
(a)
Noise levels.
(5)
Critical resource areas.
(a)
Rivers and corridors of rivers designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law.
(b)
Rare plant communities.
(c)
Habitats of rare and endangered species and key wildlife habitats.
(d)
Alpine and sub-alpine life zones.
(e)
Wetlands.
(f)
Elevations of 2,500 feet or more.
(g)
Unique features, including gorges, waterfalls, and geologic formations.
(6)
Wildlife.
(a)
Fish and wildlife.
(7)
Aesthetics.
(a)
Scenic vistas.
(b)
Natural and man-made travel corridors.
B.
Historic site considerations.
(1)
Historic factors.
(a)
Historic sites or structures.
C.
Site development considerations.
(1)
Natural site factors.
(a)
Geology.
(b)
Slopes.
(c)
Soil characteristics.
(d)
Depth to groundwater and other hydrological factors.
(2)
Other site factors.
(a)
Adjoining and nearby land uses.
(b)
Adequacy of site facilities.
D.
Governmental considerations.
(1)
Governmental service and finance factors.
(a)
Ability of government to provide facilities and services.
(b)
Municipal school or special district taxes or special district.
(2)
In considering the approval of columbariums, the Planning Board shall require reasonable conditions or provisions to ensure the continued maintenance of the columbarium facility in perpetuity.
[Added 2-23-1999]
E.
Governmental review considerations.
(1)
Governmental control factors.
(a)
Conformance with other governmental controls.