Chili City Zoning Code
ARTICLE V
Site Plan Approval
§ 500-37 Purpose.
The purpose of site plan approval is to design the use of a site in such a manner so as to minimize, to the greatest extent practical, any potential conflicts with the adjoining sites, ensure compliance with all federal, state and county regulations and to protect the character of the neighborhood.
§ 500-38 Enforcement agency; general requirements.
The power to approve, or approve with conditions, or disapprove site plans as required by this article is vested in the Planning Board. Prior to issuing a building permit for the construction, expansion, conversion, or change in the occupancy or use of any apartment house, multiple-dwelling unit, commercial, industrial or manufacturing building or their accessory buildings or structures and before any permit for erection of a permanent building in a planned unit development shall be granted or before any subdivision plat or any part thereof may be filed in the office of the Monroe County Clerk, the authorized official shall refer the site plan and supporting documentation of such project to the Planning Board. All site plan information and dwelling designs shall be prepared by a licensed architect or engineer. "Expansion," as used above, shall refer to expansion of or addition to any existing building or structure, excepting expansions or additions less than 200 square feet in area, or less than 5% of the existing building area, whichever is less, if said expansions or additions do not materially affect other required site improvements or other aspects of the project requiring Planning Board approval. All plans shall show the seal and signature of said architect or engineer. In addition, the architect or engineer shall submit to the Town a signed affidavit that the plans for the project were prepared by said architect or engineer, his employees or by an agency of the federal, state or local government. No building permit shall be issued except in accordance with the standards and procedures set forth in this article.
§ 500-39 Preliminary site plan procedure.
[Amended 3-12-2025 by L.L. No. 2-2025]
A.
Preliminary application. Application for preliminary site plan approval shall be made in writing to the Building Department which shall be consistent with the administrative procedures outlined in Article XI. All applications shall be accompanied by the following information, except where specific exceptions have been granted by the Planning Board:
(1)
A brief written summary of the project describing the general intent, scope and location of development, nature of business, anticipated impact on the surrounding areas (i.e., traffic, lighting, air and water quality, economic considerations, drainage and flood control, utilities and taxes, etc.) and location of all existing uses on the property that will remain or change. This summary should also contain any zoning variances or special permit uses required, approximate cost of the proposal, rental structure, the time frame for implementation and any staging of the proposed development, and, further, the applicant shall provide a full disclosure statement concerning the project.
(2)
A separate report that shall include all of the following information:
(a)
Compatibility of project.
[1]
Relationship of the proposed project to existing planning documents (Town Comprehensive Plan, open space index, County Comprehensive Plan, wetlands inventory, woodlot inventory, etc.).
[2]
Environmental impact statement describing the total result of executing the proposed project.
[3]
Location of buffers required either during or after construction is completed and the reason for the buffer.
(b)
Proposed use, size, height, type of construction and approximate costs of all buildings and estimates of population and dwelling units by type shall be provided for each layout or stage and an equivalent population estimate for areas not proposed for residential development.
(c)
Drainage.
[1]
A separate report detailing the proposed stormwater drainage system and the basis of design. Also included should be the intended method of stormwater disposal and flood hazard protection and how all runoff will be handled during grading and development operations and erosion and sedimentation measures.
[2]
Preliminary calculations for flows and pipe and channel sizing shall be given, as well as preliminary design of any storm detection and retention facilities. Included shall be preliminary estimates of total ultimate future upstream flows entering the site, potential impacts on the site and preliminary analysis of the impacts of the additional flows generated by the subject plan on the downstream area to the point of confluence with a major watercourse.
(d)
Water supply and sewage disposal.
[1]
A statement as to proposed source of water supply and method of sewage disposal, to include a statement as to who will own the water and sewer systems, a conceptual layout of each system, whether necessary districts are formed or are in process, the receiving sewage treatment plant, the lines, dimensions and purpose of all utility easements, including properly placed fire hydrants and preliminary design of bridges and culverts. (Note: sanitary sewer and water service must be in public ownership. Also, where water mains are not looped, blowoff valves should be provided.)
[2]
Percolation tests shall be administered by the Monroe County Health Department if the proposed project is not sewered by a sanitary sewer system.
(e)
Soil stability.
[1]
A report of the soil areas and their classifications, with particular emphasis on those areas with moderate to high susceptibility to erosion. For areas of potential erosion problems, and description of existing vegetation must be outlined.
[2]
Test pit(s), auger hole(s) and boring(s) will be required to designate soil type and characteristics, water table and rock within the depth of proposed excavation.
(f)
Circulation and access. A statement on any existing or future problems regarding vehicular and pedestrian access, circulation, parking and loading. An estimate of peak-hour traffic of all entry and exit points shall be given. The approximate volume and relative capacity of the street(s) serving the site shall be included. A description of facilities for parking, truck loading and unloading, pedestrian movement, bus routing and stops, emergency vehicles and road maintenance vehicles.
(g)
Special permits. Special permits or requests for a variance from the federal, state, county or Town government. This would include, but is not limited to, permits for water pollutant discharges, air pollutant discharges, wetland disruption, solid waste disposal and highway access.
(h)
Landscape architect and a licensed professional engineer. Name or names of the landscape architect and/or licensed professional engineer and licensed land surveyor responsible for the preparation of the layout and information.
(i)
Community facilities.
[1]
Delineation of the various residential areas, if applicable, indicating for each such area its general extent, size and composition in terms of total number of dwelling unit types, general description of the intended market structure and a calculation of the residential density in dwelling units per gross acre for each such area.
[2]
When applicable, a general description of the provision of other community facilities, such as schools, fire protection services and cultural facilities, if any, and an indication of how these needs are proposed to be accommodated.
(3)
Sufficient drawings shall be provided to illustrate the information requested below and shall be drawn on one or more sheets of acceptable material not more than 34 inches by 44 inches in size and shall be clearly titled and drawn at a standard scale of 50 feet to one inch. If more than one sheet is required to show an entire site, an index map shall be provided.
(a)
General.
[1]
Title of the preliminary layout, including names and address of the developer(s).
[2]
North point, scale, date and general location map; and names of owners of adjacent land or names of adjacent subdivisions. The North point should be in the upper right hand corner of each sheet and the direction of north should be either to the top of each page or to the right-hand side of each page.
[3]
Boundaries of the project, plotted to scale. If the developer intends to develop the project in stages, the entire project shall nevertheless be included in the layout with anticipated stages and timing indicated.
[4]
Topographic survey, showing ground contours for the proposed project and parcels adjacent to and within 200 feet of the project at intervals of not more than five feet of elevation, except if the proposed project is not served by a public sanitary sewer system, in which case the survey shall be provided at not more than two feet of elevation.
[5]
Topographic and planimetric features within the site and the adjoining tract, including existing buildings, historic buildings or sites, watercourses and their 100-year-flood limits, water bodies and their finish or design water levels, swamps, wooded areas and individual large trees. Any such features to be retained in the project should be so indicated.
[6]
The approximate lines of proposed buildings, structures and lots, the acreage or square footage contained in each lot and individual lot numbering. If a proposed lot contains one or more existing buildings, the proposed yard dimensions for such buildings shall be indicated.
[7]
The location of any municipal boundary lines, existing or proposed, special service district lines and/or zoning district lines within the project.
(b)
Location map. Boundaries of the project in relation to adjoining streets; the applicant's entire holding; adjacent buildings within 500 feet of the applicant's property; schematically, the locations of the nearest elementary school; water and sewer lines; parks and playgrounds within 1/2 mile of the proposed development; and other public facilities, such as shopping, churches and public transportation routes, as appropriate, and land uses adjacent to the proposal.
(c)
(e)
Water lines and sanitary sewers.
[1]
Existing waterlines and sanitary sewers nearby and within the project with their location, size, type and approximate elevations and gradients using mean sea level as the datum plane. Also shown should be existing easements for such facilities.
[2]
Proposed water supply system and method of sewage disposal.
(f)
Parking and loading areas. Location of all parking and truck-loading areas with access and egress drives. The types and locations of any potentially hazardous materials of any nature should be indicated.
(g)
Neighborhood parks and/or playgrounds. The approximate location and dimensions of areas proposed for neighborhood parks or playgrounds or other permanent open space.
(h)
Grading plan. A preliminary grading plan of the site showing locations and approximate size of cuts and fills.
(i)
Signs and lighting. Location, size and type of proposed lighting and any anticipated signs.
(4)
Additional information. The Planning Board may require such additional information that appears necessary for a complete assessment of the project.
B.
Preliminary approval.
(1)
Within 90 days of the receipt of a certified complete preliminary site plan application from the Building Department, the Planning Board shall act on it. If no decision is made within said ninety-day period, the preliminary site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report. The Planning Board's review of a preliminary site plan shall include but is not limited to the following considerations:
(b)
Adequacy and arrangement of vehicular traffic access and circulation.
(c)
Adequacy and arrangement of pedestrian traffic access and circulation.
(d)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(e)
Location, arrangement, size and design of buildings, lighting and signs.
(f)
Relationship of the various uses to one another and their scale.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between adjacent uses and adjoining lands.
(h)
Adequacy of stormwater and sanitary waste disposal.
(i)
Adequacy of structures, roadways and landscaping in areas with moderate-to-high susceptibility to flooding, ponding and/or erosion.
(2)
The Planning Board's statement may include recommendations as to desirable revisions to be incorporated in the final site plan, conformance to which shall be considered a condition of approval. If the preliminary site plan is conditionally approved or disapproved, the Planning Board's statement shall contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission of the preliminary site plan to the Planning Board after it has been revised or redesigned. No modification of existing stream channels, filling of lands with a moderate-to-high susceptibility to flooding, grading or removal of vegetation in areas with moderate-to-high susceptibility to erosion or excavation for and construction of site improvements shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of this chapter and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
C.
Supplementary review. At the time of submission, the Planning Board may submit the application to the Conservation Board, Fire Marshal, Town Engineer, and any other boards or committees as may be deemed appropriate, and solicit comments from same. If, by the time a public hearing is held, no comments have been received in writing, it shall be determined that there is no conflict with the particular agency's policies or regulations. Any written statement sent to the Planning Board shall be read at the public hearing and placed in the minutes.
D.
Expiration and extension of preliminary site plan approval.
(1)
Approval of a preliminary site plan by the Planning Board shall expire after one year from the date of such preliminary site plan approval by the Planning Board unless final site plan approval was granted by the Planning Board within said one-year period.
(2)
An application may be made to the Planning Board for a one-year extension of preliminary site plan approval. The application for an extension of the preliminary site plan approval shall be submitted to the Planning Board at least two months prior to the expiration of said preliminary site plan approval along with the application fee set forth in the Building Department Fee Schedule. The Planning Board shall then, after a public hearing, consider the request for the extension of the preliminary site plan approval and shall either approve, approve with additional conditions and/or modifications to the preliminary site plan, or deny the application for the extension of the preliminary site plan approval. No more than two extensions of the preliminary site plan approval may be granted by the Planning Board.
(3)
If a preliminary site plan approval has expired pursuant to Subsection D(1) above, or expended the allotted extensions pursuant to Subsection D(2) above and if the applicant desires to proceed with the project, the applicant shall be required to reapply to the Planning Board for preliminary site plan approval and shall be subject to all fees required pursuant to the Building Department Fee Schedule.
§ 500-40 Final site plan procedure.
[Amended 3-12-2025 by L.L. No. 2-2025]
A.
Final application. After receiving approval from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final site plan and apply, in writing, to the Building Department, who shall refer the application, when complete in all respects, to the Planning Board for its review and approval. However, if more than six months, or 12 months in the case of a planned unit development, has elapsed between the time of the Planning Board's report on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and for possible revision prior to accepting the proposed final site plan for review. The final site plan shall conform to the approved preliminary site plan and shall incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. All compliances shall be clearly indicated by the applicant. The applicant shall also demonstrate that all conditions of preliminary approval have been satisfied, or are being addressed in the final site plan.
B.
Final approval.
(1)
Within 62 days of the receipt of the certified complete final plan application from the Building Department, the Planning Board shall render a decision to the Director of Planning, head of the Building Department, or similar officer or designee. If no decision is made within the sixty-two-day period the final site plan shall be considered approved.
(2)
The final decision of the Planning Board may be conditioned upon the receipt and review, by the Building Department, of approvals from other agencies, if required. The Planning Board may further condition their approval on the receipt and review, by the Town Building Department, of any additional documents required by the Planning Board, i.e., easements, agreements, letters of credit.
(3)
Upon approval, the applicant shall submit to the Building Department a Mylar, with copies as required by the Town, along with a copy in electronic format, to obtain the necessary signatures of approval. Once all signatures are obtained, the Building Department is then authorized to issue a building permit, if required. No building permit shall be issued, nor any site work commenced, until all conditions of preliminary site plan approval and final site plan approval have been satisfied, all easements have been recorded in the Monroe County Clerks Office, filed with the Town Clerk and Building department, and any required surety has been filed with the Town Clerk.
(4)
Requirement for improvements shown on the site plan shall be those set forth in this chapter and in other ordinances, rules and regulations or in construction specifications of the municipality.
C.
Specifications for final site plan. The final site plan shall be provided with the number of copies as required by the Town giving sufficient data to identify and locate all pertinent information. The site plan submission shall be composed of a construction sheet and a drainage report, as described in the subsections that follow.
D.
Site plan construction sheet. The construction sheet shall not be larger than 34 inches by 44 inches in size and shall be drawn at a scale of 50 feet to one inch and shall show the information listed below. Where more than one sheet is required to show the entire development, a key map shall be provided:
(1)
Information required in § 500-39A(3).
(2)
The lines of existing and proposed streets and sidewalks immediately adjoining and within the site, including geometric layout of proposed streets.
(3)
The names of existing and proposed streets.
(4)
Typical cross sections of proposed streets.
(5)
Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.
(6)
The layout of proposed buildings, parking areas and any other proposed structures or uses.
(7)
The locations, sizes and profiles of any existing and proposed sewers (stormwater or sanitary), manholes, drain inlets, catch basin, water mains and pipes on the property or into which any connection is proposed.
(8)
Provisions for water supply and sewage disposal, and evidence that such provisions have received approval of the Monroe County Department of Health.
(9)
Locations of survey monuments. Before acceptance of the dedication of the highways, a certificate by a licensed land surveyor must be filed certifying that the above monuments have been placed where indicated on the map.
(10)
Plan and typical cross section of proposed sidewalks, if any.
(11)
Development plan, including landscaping, for any proposed park or playground within the site.
(12)
A landscaping plan prepared by a landscape architect showing his seal and signature, indicating the locations, varieties and minimum size of trees to be planted and of existing trees to be preserved and any other landscape features proposed.
(13)
Specifications or reference to Town standards for all facilities to be constructed or installed.
(14)
Certification by a licensed professional engineer, licensed landscape architect and a licensed land surveyor as evidence of professional responsibility for the preparation of the construction sheet.
(15)
The boundaries of the site and information to show the location of the site in relation to surrounding property and streets, including names of owners of adjacent land or names of adjacent sites. In whatever manner that is practical, the site boundary shall be referenced from two directions to establish United States Coast and Geodetic Survey monuments or New York State Plan Coordinate monuments. In the event that such monuments have been obliterated, the site boundary shall be referenced to the nearest highway intersections or previously established monuments. Any combination of types of reference points may be accepted which would fulfill the requirement of exact measurements from the site boundary to reference points previously established for or by a public agency.
(16)
The lines and dimensions of proposed lots or buildings which shall be numbered. Any lot whose area does not conform to this chapter shall have its area in square feet indicated as well. If a proposed lot contains one or more existing buildings, the yard dimensions for such buildings shall be indicated. Existing buildings outside the limits of the site but within 75 feet of any proposed street or 25 feet of any proposed lot line shall also be shown.
(17)
The lines and purposes of existing and proposed easements immediately adjoining and within the site.
(18)
The lines, dimensions and areas in square feet of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the site.
(19)
A legal description of all areas to be dedicated to the Town.
E.
Drainage report. When requested by the Town Engineer or Planning Board, this report shall be provided and shall present plans and supporting data for stormwater control drainage provisions within the site, including:
(1)
Plan, profiles and typical and special sections of proposed stormwater drainage facilities.
(2)
Supporting final design data and copies of computations used as a basis for the design capacities and performance of the drainage facilities.
(3)
Grading plan developed with grading details to indicate proposed street grades and elevations and building site grades and elevations. The contour interval of the grading plan shall be one, two or five feet vertical, as may be directed by the Town Engineer.
(4)
Erosion report, if required.
(5)
If the site is within or adjacent to the Black Creek floodplain 100-year frequency, a detailed analysis of the area with respect to floodplain management land use will be included in the drainage report.
F.
Expiration and extension of final site plan approvals.
(1)
Approval of a final site plan by the Planning Board shall expire after one year from the date of such final site plan approval by the Planning Board unless a building permit has been obtained within said one-year time period for work indicated on the final site plan and site development and/or construction has begun or, if no building permit per the final site plan approval was required, site development and/or construction has begun consistent with the approved final site plan, as determined by the Building Inspector.
(2)
An application may be made to the Planning Board for a one-year extension of final site plan approval. The application for an extension of the final site plan approval shall be submitted to the Planning Board at least two months prior to the expiration of said final site plan approval along with the application fee set forth in the Building Department Fee Schedule. The Planning Board shall then, after a public hearing, consider the request for the extension of the final site plan approval and shall either approve, approve with additional conditions and/or modifications, or deny the application for extension of the final site plan approval. No more than two extensions of the final site plan approval may be granted by the Planning Board.
(3)
If a final approval of a site plan has expired pursuant to Subsection F(1) above, or expended the allotted extensions pursuant to Subsection F(2) above and if the applicant desires to proceed with the project, the applicant shall be required to reapply to the Planning Board for preliminary and final site plan approval and shall be subject to all fees required pursuant to the Building Department Fee Schedule.
§ 500-41 Special requirements.
A.
The storage or accumulation of refuse shall not be permitted in any area outside of a building, except as permitted in § 500-60.
B.
Any project with only one access road shall have an alternate clear accessway available for the use of emergency vehicles.
C.
Landscaping. All projects shall be planted with vegetation of suitable sizes to effectively screen dissimilar uses from one another, both visually and acoustically, and to protect and enhance the overall quality of the environment.
(1)
All projects shall provide landscaping in addition to necessary screening material equal to a minimum of 1% of the total project cost. Landscaping shall be considered as live plant material and aesthetic site improvements, but shall not include fences or walls used for screening or excavation, earthmoving, fill, grading and paving associated with normal building requirements. In lieu of providing this landscaping, and only by approval of the Planning Board, the applicant may donate an amount equal to 1% of the project cost to the Town of Chili's tree planting program.
(2)
Upon the receipt of a complete application as certified by the Building Department, the Planning Board shall consult with the Town Conservation Board for its report and recommendations on the adequacy of the proposed landscaping. The Conservation Board shall have 30 days to respond in writing. If the Conservation Board falls to reply, the landscaping proposed shall be considered acceptable. The report, if any, shall be read at the public hearing and placed in the minutes of the meeting.
D.
The following special provisions apply only to multifamily developments or to multifamily, townhouse and other multi-residential-unit structures or portions of a planned unit development:
(1)
Every development shall have within it suitable open space available for the use of the residents. Four hundred square feet of such open space per resident family is an adequate reservation. Development of this open space for passive and/or active recreational uses shall be provided in a manner suitable to the prospective occupants of the development. Areas devoted to swimming pools and other such formal recreation areas shall be considered in meeting this requirement. Yard areas may also be so considered as long as access to them is not prohibited by fencing or other means, but parking areas shall not be included in such assessment.
(2)
All living units shall have a storage area in the same building as, but not in the apartment of, at least 7% of the living unit, and the smallest dimension shall not be less than four feet.
(3)
Buildings shall be located so that the privacy of individual units is protected, so that their arrangement creates usable open spaces, avoids monotonous, undifferentiated silhouettes and produces a satisfactory microclimate.
(4)
Sidewalks shall be provided and be integrally designed so as to provide safe and convenient access between buildings and between buildings and internal recreation, parking and service areas.
(5)
A school bus loading area shall be provided that meets necessary safety standards and locational needs.
E.
Upon completion of the project, as-built plans of the completed site work, building location and landscaping shall be furnished on suitable reproducible material by the owner prior to the issuance of a certificate of occupancy/certificate of compliance. Such plans shall be filed with the Town Building Department.
§ 500-42 Hearings.
Before a site plan is approved, the proposed preliminary site plan shall be considered by the Planning Board at a public hearing held within 62 days of receipt of the application. Notice of said hearing shall be given as provided in § 500-86.