Busti Town City Zoning Code
ARTICLE IX
Site Plan Review
§ 405-901 Authorization of Planning Board to review site plans.
The Planning Board is hereby authorized to review and approve or disapprove site plans for land uses within the town as hereinafter designated pursuant to and in accordance with the standards and procedures set forth in this chapter.
§ 405-902 Applicability.
Exempt uses.
All uses requiring a special use permit shall require site plan review and approval pursuant to this Article before being undertaken, except the following:
Construction of one- or two-family dwelling and ordinary accessory structures, and related land use activities.
Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this chapter.
Ordinary repair or maintenance or interior alterations to existing structures or uses.
Structures associated with a farm operation, commercial horse boarding operation and riding academy, and other agricultural structures as defined under N.Y. State Building and Fire Code Regulations and agricultural land uses, with the exception of roadside stands for the sale of agricultural products from a permanent structure.
Exterior alterations or additions to an existing residential structure which do not substantially change its nature or use.
Interior alterations that do not substantially change the nature or use of an existing commercial structure.
Any change in use which does not require the issuance of a certificate of occupancy pursuant to the New York State Building and Fire Code.
Residential garden uses and residential, noncommercial timber cutting.
Garage and lawn sales.
Customary residential accessory uses.
Uses and structures which have already lawfully initiated construction prior to the enactment of this chapter.
Any person uncertain of the applicability of this chapter to a given land use activity may apply in writing to the Zoning Board of Appeals for a written jurisdictional determination.
Definitions. In addition to all definitions included in Article XVI of this chapter, the following definitions shall be used in association with a site plan review process.
A person or persons related to each other by blood, marriage or adoption, or any number of persons, irrespective of any such relationship, which nonetheless functions as the equivalent of such a family, living together as a single housekeeping unit.
Any construction or other activity which changes the use or appearance of land or a structure or the intensity of use of land or a structure. "Land use activity" shall explicitly include, but not be limited to, the following: new structures, expansions to existing structures, new uses, changes in or expansions of existing uses, roads, driveways, and excavations for the purpose of extracting soil or mineral deposits.
A complete self-contained residential unit for permanent habitation by one family only and containing one or more rooms and facilities for living including cooking, sleeping, and sanitary needs.
The mean high-water mark of any lake, pond, river, or permanent stream.
Any object constructed, installed or placed on land to facilitate land use and development or subdivision of land, such as buildings, sheds, signs, tanks, and any fixtures, additions and alterations thereto.
Any structure designed to accommodate an accessory use but detached from the principal structure, such as, a free-standing garage for vehicles accessory to the principal use, a storage shed, garden house or similar facility.
Two complete, but separate, self-contained residential units each intended for permanent habitation by one family only in a single structure having a common wall roof, wall or ceiling and containing separate rooms and facilities for living including cooking, sleeping, and sanitary needs. Any term used in this chapter which is not defined in this section shall carry its customary meaning unless the context otherwise dictates.
§ 405-903 Procedures, general.
Site plan application procedure.
Sketch plan. A sketch plan conference between the Planning Board and the applicant shall be held to initially review the basic site design prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of his/her proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concept, 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 shall provide the following:
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation, and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.
An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, rights-of-way, easements and other pertinent features within 200 feet of the boundaries of the parcel.
A topographic or contour map of adequate scale and detail to show site topography.
Application for site plan approval. Within six calendar months of the sketch plan conference, a completed Town of Busti application for site plan approval shall be made by the applicant, in writing, providing seven paper copies and one electronic (pdf), to the Planning Board and shall be accompanied by a site plan which includes items drawn from the following checklist of items.
Site plan checklist. The site plan shall include the following to be submitted by the applicant:
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
North arrow, scale and date.
Boundaries of the property plotted to scale.
Existing buildings.
Grading and drainage plan, showing existing and proposed contours, rocky outcrops, depth to bedrock, soil characteristics, and watercourses.
Location, design, type of construction, proposed use and exterior dimensions of all buildings.
Location, design and type of construction of all parking and truck loading areas, showing access and egress.
Provision for pedestrian access.
Location of outdoor storage, if any.
Location, design and construction materials of all existing or proposed site improvements including drains, culverts, retaining walls and fences.
Description of the method of sewage disposal and location, design and construction materials of such facilities.
Description of the method of securing public water and location, design and construction materials of such facilities.
Location of fire and other emergency zones, including the location of fire hydrants.
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
Location, size and design and type of construction of all proposed signs.
Location and proposed development of all buffer areas, including existing vegetative cover.
Location and design of outdoor lighting facilities.
Identification of the location and amount of building area proposed for retail sales or similar commercial activity.
General landscaping plan and planting schedule.
An estimated project construction schedule.
Record of application for and status of all necessary permits from other governmental bodies.
Identification of any permits from other governmental bodies required for the project's execution.
Other elements integral to the proposed development as may be considered necessary in the particular case by the Planning Board.
Deed restrictions.
SEQR.
Required fee. An application for site plan review shall be accompanied by a fee from the Town of Busti fee schedule.
Reimbursable costs. Cost incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant.
§ 405-904 Review standards.
General standards and considerations. The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations:
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, and traffic controls.
Location, arrangement, appearance and sufficiency of off-street parking, and loading.
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic, and overall pedestrian convenience.
Adequacy of stormwater and drainage facilities.
Adequacy of water supply and sewage disposal facilities.
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 retention of existing vegetation.
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding, and/or erosion.
Overall impact on the neighborhood including compatibility of design consideration.
Specific standards and considerations. In addition to specific standards contained within Article IX of this chapter, the following specific standards shall apply in conjunction with the subject uses or in the designated areas.
Shoreline standards and considerations.
All construction on any shoreline lot shall be carried out in such manner as to minimize interference with the natural course of such waterway, to avoid erosion of the shoreline, to minimize increased runoff of ground and surface water into the waterway, to remove only that vegetation which is necessary to the accomplishment of the project, and to generally maintain the existing aesthetic and ecological character of the shoreline.
No on-site sewage tile field or seepage pit shall be located within 100 feet of any shoreline and no septic or other holding tank shall be located within 50 feet of any shoreline, as measured from the normal high-water mark of the water body.
Any paved or otherwise improved parking, loading, or service area within 100 feet of any shoreline shall be designed and constructed so as to minimize surface runoff and the entrance of any chemical pollutants or earthen siltation into the waterway.
§ 405-905 Public hearing and Planning Board decision.
Public hearing. The Planning Board shall conduct a public hearing on the site plan if considered desirable by a majority of its members. Such hearing shall be held within 62 days of the receipt of application for 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.
Notice to applicant and Chautauqua County Planning Board.
At least 10 days before such hearing, the Planning Board shall mail such notices to the applicant and to the Chautauqua County Planning Board as required by § 239-m of the General Municipal Law, which shall be accompanied by a full statement of such proposed action. The County referral shall apply to real property within 500 feet of the following:
The municipal boundary.
The boundary of any existing or proposed county or state park or other recreation area.
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway.
The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
The existing or proposed boundary of any county or state-owned land on which a public building or institution is situated.
The boundary of a farm operation located in an agricultural district, as defined by Article 25-aa of the Agriculture and Markets Law.
The Chautauqua County Planning Board shall have 30 days to review the full statement of the proposed action. If the County Planning Board fails to report within 30 days, the Planning Board may take final action on the proposed action without such report. However, any County Planning Board Report recommending modification or disapproval of a project and which is received after 30 days or such longer period as may have been agreed upon, but two or more days prior to final action by the Planning Board, the Planning Board shall not act contrary to such recommendation except by a vote of a majority plus one of all the members.
Planning Board decision. Within 62 days of receipt of the application for site plan approval or if a public hearing is held within 62 days of public hearing, the Planning Board shall render a decision. In its decision the Planning Board may approve, approve with modifications or disapprove the site plan. 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.
Approval. Upon approval of the 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 site plan and shall immediately file it and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
Approval with modifications. The Planning Board may conditionally approve the final site plan. A copy of written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met, 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 site plan and shall immediately file it and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
Disapproval. Upon disapproval of the 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.
§ 405-906 Appeal of Planning Board decision.
Any person aggrieved by any decision of the Planning Board or any officer, department, board or bureau of the Town, may apply to the supreme court for a 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 in the office of the Town Clerk.
§ 405-907 Miscellaneous provisions.
Code Enforcement Officer. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements including coordination with the Planning Board and other officials and agencies, as appropriate.
Integration of procedures. Whenever the circumstances of proposed development require compliance with this chapter, with special permit requirements, and with any other Zoning Law, ordinance or requirement of the Town, the Planning Board shall attempt to integrate, as appropriate, site plan review with the procedural and submission requirements for such other compliance.