Caroga Town City Zoning Code

The purpose of this Article is to identify the procedures for conducting Site Plan reviews for those uses identified in the Ordinance as requiring a Site Plan review.

These uses require special consideration so that they may be properly located, planned and developed taking into consideration:

1. The objectives of this Article and Ordinance.

2. The proposed use’s effect on surrounding properties.

3. The ability of the Town to accommodate the growth resulting from the proposed use without undue, adverse effect on the Town, the Town’s infrastructure and the Town’s citizens and taxpayers.

4. The protection of the health, safety and general welfare of the Town and its citizens.

5. The objectives of the Town Comprehensive Plan.

It is the Town’s policy to balance the allowance of a variety of uses of land and to foster economic opportunities, provided that such uses do not unreasonably and adversely affect neighboring properties, the natural environment, the rural and historic character of the Town or the long-term development of the Town. Certain uses, therefore, shall hereby require review and approval of a Site Plan by the Planning Board before such uses and site development is permitted. The primary purposes of Site Plan review and approval is to ensure that the site can accommodate the proposed use without unduly affecting neighboring properties and the environment and that the site is appropriately designed.

Site Plan approval is required for certain uses identified in Articles 3 and 4 of this Ordinance.

For such uses, the Code Enforcement Officer shall not issue a Zoning/Building Permit, Certificate of Occupancy or Certificate of Compliance Permit until a Site Plan has been approved in accordance with this Article.

Until such Site Plan has been approved and a Zoning/Building Permit issued, no building shall be erected, moved, structurally altered, added to or enlarged and no excavation or site preparation activities shall commence.

Placement on Agenda:

1. In order for a Site Plan application to be placed on the Planning Board’s meeting agenda, ten (10) copies of all required application materials pursuant to Section IV, “Application for Site Plan Approval,” below shall be submitted to the Chairman of the Planning Board in care of the Town Clerk at least seven (7) calendar days prior to the date of the Planning Board’s meeting.

2. Complete Application:

   1. At the first meeting at which a Site Plan application is first presented, the Planning Board shall determine whether the application is complete for purposes of commencing the review process.

   2. If an application is determined to be incomplete, the Planning Board shall notify the Applicant in writing as to what aspects of the application are lacking or are otherwise insufficient to start the process.

   3. The timeframes for Planning Board action during the review process shall commence on the date the Planning Board determines the application is complete.

3. Multiple Uses:

   1. If an application is for a parcel or parcels on which more than one use requiring Site Plan approval is proposed, the Applicant may submit a single application for all such uses.

   2. The Planning Board may grant the application with respect to some proposed uses and not others. For purposes of reviewing an application (and for SEQR compliance) all proposed uses on a single parcel or on contiguous parcels shall be considered together.

The Planning Board shall review the Site Plan to ensure that it promotes the health, safety, and general welfare of the Town and its citizens.

In doing so, the Planning Board shall consider the following general considerations when reviewing all Site Plans:

1. Location, arrangement, size, design and general site compatibility of buildings, lighting and signs. Signs and lights will be compatible and in scale with building elements and will not dominate the overall visual impact of the project and neighborhood.

2. If outdoor lighting is proposed, all lighting shall be so located as not to be visible at the source from any adjoining property.

3. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.

4. Location, arrangement, appearance and sufficiency of off-street parking and loading.

5. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

6. Adequacy of stormwater and drainage facilities.

7. Adequacy of water supply and sewage disposal facilities.

8. 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 the existing vegetation.

9. Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.

10. Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

11. Adequacy of open space areas, if any, for its intended use.

12. Protection of adjacent or neighboring properties against noise, glare, unsightliness, odors, smoke, dust or other objectionable features.

13. Adequacy of setbacks in regard to achieving maximum compatibility and protection to adjacent properties and residential districts.

14. Compatibility of structures with existing and planned uses of adjacent properties.

15. Consistency with policies, goals and objectives of the Town’s Comprehensive Plan.

The Planning Board shall consider the following guidelines when reviewing all Site Plans:

1. Layout and Design:

   1. All structures identified in the Site Plan shall be integrated with each other and with adjacent structures, shall have convenient pedestrian and vehicular access to and from adjacent properties.

   2. Individual structures on the site shall be compatible with each other and with traditional structures in the surrounding area in architecture, design, massing, materials, and placement.

   3. Where feasible, setbacks shall maintain and continue the existing setback pattern of surrounding properties.

   4. The Planning Board shall encourage the creation of landscaped parks or plazas easily accessible by pedestrians.

2. Landscaping:

   1. Landscaping shall be an integral part of the entire project area, and shall buffer the site from and/or integrate the site with the surrounding areas, as appropriate.

   2. Primary landscape treatment shall consist of shrubs, ground cover, shade trees, or other comparable items and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscaping materials should be appropriate to the growing conditions of the Town’s environment.

   3. Where feasible, existing trees and other vegetation shall be conserved and integrated into the landscape design plan.

   4. If deemed appropriate for the site by the Planning Board, shade trees at least six feet tall shall be planted and maintained at 25-50 foot intervals along roads, at a setback distance acceptable to the Town Highway Superintendent.

3. Traffic:

   1. The Site Plan shall, to the greatest extent practical:

      1. Minimize vehicle traffic entering existing roads.

      2. Maximize distance from existing intersections new traffic shall enter existing roads.

      3. Not allow an existing road to reach failing “level of service” due to additional traffic that will be entering existing roads.

4. Parking, Circulation, and Loading:

   1. Roads, driveways, sidewalks, off-street parking, and loading space shall be safe, and shall encourage safe and efficient vehicular and pedestrian movement.

   2. Vehicular and pedestrian connections between adjacent sites shall be provided to encourage pedestrian use and to minimize traffic entering existing roads. The construction of service roads and new public streets to connect adjoining properties shall be required by the Planning Board, where appropriate.

   3. Access from and egress to public highways shall be approved by the appropriate Highway Department, including Town, County, and State, to the extent that said Highway Department has jurisdiction over such access.

   4. All structures shall be accessible by emergency vehicles.

5. Drainage:

   1. A Stormwater Pollution Prevention Plan shall be prepared and implemented to ensure that post development runoff from the site does not exceed predevelopment runoff.

   2. Surface water leaving the site shall not negatively disturb adjacent parcels, structures, facilities or public roads.

   3. Drainage of the site shall recharge ground water to the extent practical.

6. Miscellaneous Standards:

   1. Materials and design of paving, water and sewer systems, light fixtures, retaining walls, fences, curbs, benches, etc. shall be attractive and easily maintained.

   2. The site lighting shall limit glare on adjacent roads and properties.

   3. Disposal of construction and demolition wastes shall meet all applicable local, county, state and federal requirements.

7. Reservation of Parkland:

   1. For any Site Plan containing residential units, the Planning Board may require the reservation of parkland or payment of a recreation fee pursuant to NYS Town Law, Section 274-a(6), or its successor legislation.

8. Town Highway Superintendent

   1. The Planning Board shall seek the input and recommendations from the Town Highway Superintendent on all Site Plan review applications involving Town road right-of-ways and setbacks from the maintained edge of a Town Road. The Town Highway Superintendent shall respond to the Planning Board within thirty (30) days.

9. For Class B regional projects the Planning Board must also consider the Development Considerations contained in Section 805(4) of the APA Act.

The Planning Board shall have the discretion to hold a public hearing on all Site Plan applications. The Planning Board’s determination shall be based on whether there are factors involved (such as, but not limited to, potential public controversy, the desirability of input from adjoining property owners or the public at large) that may warrant a public hearing.

If the Planning Board determines to hold a public hearing on a Site Plan application, it shall do so within 62 days from the determination of the Planning Board that the application is complete. The time in which a public hearing shall be held may be lengthened only upon consent of the Applicant and Planning Board.

The Planning Board shall mail the public hearing notice to the Applicant at least ten (10) days prior to the public hearing.

At least five (5) days prior to the date of a public hearing, the Planning Board shall give public notice by causing the publication of a notice of such hearing in the Town’s official newspaper.

The Planning Board may mail the notice of public hearing to all adjoining property owners and to any other owners of property located within 500 feet from the parcel for which the Site Plan is proposed. Said notice shall be mailed at least five (5) days prior to the public hearing. The Planning Board may notify other owners of other parcels as it deems appropriate.

In the case of a hearing held on an application on a property that is located within 500 feet of an adjacent municipality, the Planning Board shall give notice of the hearing to the clerk of the adjacent municipality, by either mail or electronic transmission, at least ten (10) days prior to the hearing pursuant to General Municipal Law Section 239-m.

Upon receipt of an Application for Site Plan Review it deems complete, the Planning Board shall conduct a New York State Environmental Quality Review (SEQR) on the proposed Site Plan.

No Planning Board action shall be taken until a SEQR Review has been completed.

Action:

1. The Planning Board shall approve, approve with modifications, or disapprove the Site Plan within either:

   1. Sixty-two (62) days after the determination by the Planning Board that the Site Plan and accompanying application is complete.

   2. Sixty-two (62) days after the close of the public hearing.

2. In approving a Site Plan, with or without modifications, the Planning Board may impose conditions which it considers necessary to protect the health, safety, and welfare of the Town and to achieve the purposes contained in Section I of this Article. These conditions may include:

   1. Increasing dimensional or area requirements.

   2. Specifying location, character and number of vehicle access points.

   3. Requiring landscaping, planting and screening.

   4. Requiring clustering of structures and uses in order to minimize the burden on public services and facilities and protect open space.

   5. Requiring the protection of open space of conservation value using conservation easements.

   6. Requiring action by the applicant (including the posting of performance bonds and furnishing of guarantees) to insure the completion of the project in accordance with the terms and conditions applicable thereto.

   7. Minimizing traffic impacts.

   8. Minimizing parking, circulation and loading impacts.

   9. Minimizing stormwaterimpacts.

Findings Required:

1. All decisions by the Planning Board shall contain written findings explaining the rationale for the decision in light of the general considerations and guidelines contained in Section V of this Article.

Disapproval of Site Plan:

1. Upon disapproval of a Site Plan, the Planning Board shall so inform the Code Enforcement Officer and the Code Enforcement Officer shall deny a Zoning/Building Permit to the applicant.

2. The Planning Board shall also notify the applicant, in writing, within five (5) business days, of its decision and its reasons for disapproval.

Filing of Decisions:

1. The written decision and findings of the Planning Board on an application for Site Plan review shall be filed within five (5) business days from the date the decision was rendered in the office of the Town Clerk, with the Code Enforcement Officer and a copy mailed to the applicant.

2. All approved Site Plans shall be signed as approved by the Chairman of the Planning Board and filed and mailed together with the written decision and findings.

3. A copy of the written decision and signed Site Plan shall be kept on file in the office of the Code Enforcement Officer.

Upon approval of the Site Plan, the Code Enforcement Officer has the authority to issue a Zoning/Building Permit provided any predevelopment conditions have been met and to issue a Certificate of Compliance upon completion of the development of the site in strict accordance with the approved Site Plan and any conditions attached thereto.

An approved Site Plan shall expire if:

1. The Site Plan use or uses cease for any reason for more than 12 consecutive months.

2. The applicant fails to obtain a Zoning/Building Permit within 24 months of Site Plan approval.

3. The applicant fails to comply with the conditions of the Site Plan.

A Site Plan shall apply to the use for which it has been granted, as well as to any subsequent similar use of the property which complies with all terms and conditions of the Site Plan (as determined by the Code Enforcement Officer in issuing a Zoning/Building Permit or Certificate of Compliance) and which does not involve any new construction, enlargement, exterior alteration of existing structures, or changed use of outdoor areas. Any change to a use allowed by Site Plan shall require the Planning Board approval of a new Site Plan or an amendment to an existing Site Plan.

A Site Plan approval may be revoked by the Code Enforcement Officer if the applicant or applicant’s successor or assign violates the conditions of the Site Plan approval or engages in any construction or alteration not authorized by the Site Plan approval.

Any violation of the conditions of a Site Plan shall be deemed a violation of this Ordinance, and shall be subject to enforcement action included in Article 10.

Reimbursable Costs:

1. If Planning Board determines it needs or requires the services of a professional consultant to assist in the review of an application for Site Plan Review, the Planning Board shall:

   1. Contact a consultant to obtain a quote for the required services.

   2. Notify the applicant, in writing, of this determination and the projected cost to retain the consultant.

2. The applicant shall deposit with the Town Clerk an amount anticipated to fully reimburse the Town for the cost of hiring the consultant.

3. The Town shall utilize these funds to pay for the cost and fees of the consultant.

4. The consultant shall submit regular invoices to the Town detailing the number of hours expended by all staff and expenses. The Town shall afford the applicant the opportunity to review all invoices prior to the Town paying the invoice.

5. If additional funds are needed to complete the work the Town desires of the consultant, the applicant shall deposit additional funds with the Town.

6. At the completion of the consultant’s work, all funds remaining from the applicant’s deposits shall be returned to the applicant.

Performance Guarantee:

1. No Certificate of Compliance shall be issued until all improvements shown on the Site Plan are installed or a sufficient performance guarantee, such as a Performance Bond or other security sufficient to cover the full cost of the improvements as determined by the Planning Board, has been posted for improvements not yet completed.

2. The Planning Board shall, as part of a Site Plan approval, stipulate when a Performance Guarantee shall be provided to the Town.

3. The sufficiency of such performance guarantee shall be determined by the Planning Board and it may consult with the Code Enforcement Officer, Town Attorney and other appropriate parties in making such determination.

Inspection of Improvements:

1. 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.

2. If the site is not being developed in strict compliance with the approved Site Plan and any conditions attached thereto, the Code Enforcement Officer may issue a stop work order and demand compliance with the approved Site Plan and any conditions attached thereto.

3. An approved Site Plan may not be modified except by the Planning Board upon application for such modification from the applicant.

Application for Area Variance:

1. Where a proposed Site Plan contains one or more features that do not comply with the dimensional regulations of this local law, application may be made to the Zoning Board of Appeals for an area variance pursuant to this Code without a decision or determination by the Code Enforcement Officer.

2. The Planning Board shall decide whether such area variance application and Zoning Board of Appeals’ decision on same shall occur as a condition to the approval of the Site Plan, as a prerequisite for a complete Site Plan application, or in conjunction with the Site Plan process.

Section 239-m of the General Municipal Law:

1. All applications for Site Plan Review meeting the requirements of Section 239-m of General Municipal Law shall be referred to the Fulton County Planning Board for a 239-m review.

2. No action shall be taken by the Planning Board until it has received back a written recommendation from the Fulton County Planning Board or thirty (30) calendar days have elapsed unless the Planning Board and Fulton County Planning Board have agreed to extend this 30-day requirement.

3. If the Fulton County Planning Board recommends modification or disapproval to a proposed Site Plan, the Planning Board shall not act contrary to such recommendation except by a vote of a majority plus one of all members thereof.

Agricultural Data Statement:

1. An agricultural data statement is required where the proposed use is located in, or within 500 feet of, the boundaries of an agricultural district.

   1. If an agricultural data statement has been submitted, the Town Clerk shall, upon receipt of the application, mail written notice of the Site Plan application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location.

   2. The cost of mailing the notice shall be borne by the applicant.

Referred to Zoning Board of Appeals (ZBA):

1. If a proposed Site Plan contains one or more features which do not comply with the Zoning Ordinance, an application can be made to the ZBA for an area or use variance without the necessity of a decision or determination of the Code Enforcement Officer.

Amendments:

1. The terms and conditions of any Site Plan approval may be amended in the same manner as required to approve a Site Plan, following the criteria and procedures in this Article.

2. Any enlargement, alteration or construction of accessory structures not previously approved shall require a Site Plan amendment.