Caledonia Town City Zoning Code
ARTICLE XI
Site Development Plan Review
§ 130-47 Purpose.
The purpose of site development plan review is to determine compliance with this article in those zoning districts where inappropriate development may cause a conflict between uses in the same or adjoining zoning districts by the creation of unsafe, unhelpful, unsightly or otherwise unsuitable conditions and thereby adversely affect the public health, safety, comfort, convenience and general welfare.
§ 130-48 Uses subject to review.
The following proposed land uses, buildings and structures shall be subject to site development plan review:
A.
All new residential and accessory structures containing five or more housing units.
B.
All business uses permitted in a B-1 Neighborhood Business District, a B-2 General Business District and a B-3 Highway Business District.
C.
All uses permitted in an I-1 Light Industrial District and in an I-2 Heavy Industrial District.
D.
All uses permitted in a L-C Land Conservation District.
E.
All uses proposed in a P-D Planned Development District.
F.
All conditional uses permitted in any of the above districts.
G.
All use variances not already included above.
§ 130-49 Presubmission conference.
A.
An applicant seeking a building permit for a use requiring site plan review by the Planning Board shall be so advised by the Zoning Enforcement Officer. The applicant's next step will be to schedule a presubmission conference with the Planning Board prior to the preparation and submission of a formal site plan. The purpose of this conference is to give both the Planning Board and the applicant an opportunity to gain a better perspective on the ramifications of the proposal. It should facilitate the formal site plan review process to follow.
B.
At this conference, the applicant shall provide the Planning Board with basic data regarding the proposal. At a minimum, this shall include a sufficiently large map showing the important existing natural and man-made features in and around the site and a sketch plan showing the major features of the proposed development. This information will form the basis with which the Board can advise the applicant on the next steps required to gain final site plan approval and of the necessary data that will have to be provided with the application.
§ 130-50 Filing of application.
A.
The applicant shall file an application for site development plan review with the Town Clerk no later than six months following the presubmission conference. A form is available at the Town office for this purpose. The Planning Board may require a second presubmission conference if the application is not filed within this time frame.
B.
When filed, the application shall be accompanied by information about the proposal, including legal data, impact on the environs, natural features, existing development and infrastructure and the site development proposal. The detailed specifics of this required information are contained in a separate document entitled "Site Development Plan Regulations" made a part of this chapter by reference.[1]
[1]
Editor's Note: The Site Development Plan Regulations are on file in the Town Clerk's office.
C.
The application must also be certified by the Zoning Enforcement Officer that the proposal meets all requirements of this chapter.
§ 130-51 Referral to County Planning Board.
Following official receipt and review of the site plan by the Planning Board, the Board shall refer the application to the Livingston County Planning Board, when applicable, for its review and recommendations in accordance with the requirements of §§ 239-l and 239-m of the General Municipal Law, prior to final action.
§ 130-52 Public hearing.
The Planning Board may exercise its discretion to hold a public hearing on a site development plan when, in its judgment, the characteristics of the proposal, such as size, complexity, potential impact on the surrounding area, traffic generation, environmental considerations, etc., warrant hearing. If a hearing is held, notice of such hearing must be published in the official newspaper at least five days in advance. Said hearing must be held within 45 days of receipt of the application.
§ 130-53 Decision.
A.
The Planning Board must take final action on site development plan proposals within 62 days following submission of applications for final approval. However, if a public hearing is held, a decision must be rendered within 62 days following the hearing.
B.
The Board must approve, approve with modifications or disapprove the proposal within the specified time. The Board's decision must be filed with the Town Clerk immediately and a copy mailed to the applicant. If the Board fails to act within the prescribed time or where any person is aggrieved by the Board's decision, the aggrieved party may apply to the State Supreme Court for review under Article 78 of the Civil Practice Law and Rules.
§ 130-54 Site improvements; letter of credit; inspections.
A.
Site plan improvements, such as roadways, water, sewer and drainage facilities, landscaping, etc., required to be made by the applicant as part of the approved final plan shall conform to the standards contained in the document entitled "Design Criteria and Construction Specifications for Land Development, Town and Village of Caledonia, Livingston County, New York." This document contains provisions whereby the Town Board may require the developer to guaranty completion of such public improvements through the posting of a letter of credit or similar means of assurance, and being duly adopted by the Town of Caledonia, is hereby made a part of this chapter by reference.[1]
[1]
Editor's Note: The Design Criteria and Construction Specifications for Land Development document is on file in the Clerk's office.
B.
No certificate of occupancy shall be issued by the Zoning Enforcement Officer until all improvements shown on the site plan have been installed or a sufficient letter of credit has been posted.
C.
The Zoning Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board, the engineering consultant and other appropriate concerned parties.
§ 130-55 Engineering review and inspection fee.
An engineering review and inspection fee shall be paid by any applicant or his agent whenever the services of an engineer are required to assist the Planning Board and the Zoning Enforcement Officer in the review of submitted site development plans and/or inspection of the construction of site improvements in conformance with approved plans and specifications. The payment of said fee shall be a prerequisite to the issuance of a letter from the Planning Board stating that all construction work has been satisfactorily completed as per approved plans or a sufficient letter of credit has been posted and to the issuance of a certificate of occupancy by the Zoning Enforcement Officer, in that order.
§ 130-56 Expiration of site plan approval.
Site plan approval shall automatically terminate one year after the same is granted unless a building permit has been issued and there is physical evidence to demonstrate that the project is in progress.