Clayton City Zoning Code
§ 235-13
Site plan review and approval.
All uses requiring site plan approval shall have prior site plan review and approval by the Joint Planning Board before any zoning or building permit is issued for the use of the premises or the alteration or construction of any building thereon. The site plan and related drawings and documentation shall be submitted to the Joint Planning Board for review in accordance with the following procedures and standards:
A.
Submission of preliminary site plan and supporting data. The owner shall submit a site plan and supporting data, including the following:
(1)
A sketch of the property showing existing features, including contours, buildings, structures, pavement, trees over four inches in trunk diameter, streets, utility easements, rights-of-way, land use and adjacent property owners.
(2)
Site plan showing proposed building locations and land use areas.
(3)
Landscaping sketches, including design and grading and proposed planting and buffering as required by this chapter.
(4)
Proposed traffic circulation and/or boat access, parking and loading spaces, docking and pedestrian walkways.
(5)
Preliminary sketches and drawings for buildings to be constructed.
(6)
Preliminary sketches, including outline of planned street improvements, drainage and sewage disposal systems and public utility extensions.
(7)
Preliminary feasibility studies of any anticipated problems which might arise due to the proposed development (as required by the Joint Planning Board).
(8)
Proposed construction sequence and anticipated time schedule for completion of each phase of building, paving and landscaping.
(9)
Description of the proposed uses, including hours of operation, number of employees, anticipated volume of business, type and volume of traffic expected to be generated.
(10)
SEQR environmental assessment form, full form or short form, as specified by 6 NYCRR Part 617, State Environmental Quality Review Act.
(11)
Filing fee, as determined by the Town Board.
(12)
Any other information or data that the Joint Planning Board shall deem necessary to its understanding and assessment of the site plan proposal.
B.
Receipt and review. Upon receipt of the site plan application and supporting data, the Joint Planning Board shall examine the materials to determine whether the submission is complete. After the Joint Planning Board determines the preliminary site plan application is complete and concept approval given and within 62 days after the site plan application has been received, the Joint Planning Board shall schedule a public hearing to be held following at least five days' notice published in the Town's officially designated newspaper. Written notice shall also be provided to all adjacent property owners and all neighboring property owners within a five-hundred-foot radius of any portion of the applicant's property. In its review of the site plan and supporting data, the Joint Planning Board shall take into account the following considerations:
(1)
Harmonious relationship between proposed uses and existing nearby uses.
(2)
Maximum safety of vehicular and/or boat circulation between the site and the road network and/or adjoining waterways.
(3)
Adequacy of internal circulation, parking, docking and/or loading facilities, with particular attention to vehicular, vessel and pedestrian safety.
(4)
Design of landscaping, lighting, buffering and setbacks to achieve maximum compatibility and protection for nearby residential properties.
(5)
Preventing adverse impact upon the environment and existing scenic and aesthetic values.
(6)
Such other elements as may reasonably be related to the health, safety and general welfare of the community.
C.
Final decision.
(1)
Within 62 days after the public hearing, the Joint Planning Board shall make its final decision to approve, approve with conditions or reject the site plan proposal. Within five days thereafter, it shall notify the applicant and the Zoning Enforcement Officer in writing of its decision, and in case of rejection or conditional acceptance, the reasons therefor. The time within which the Joint Planning Board must render its decision may be extended by mutual consent of the applicant and the Joint Planning Board.
(2)
Before taking final action to approve any site plan proposal affecting property within 500 feet of the boundaries of any county, town or village, or within 500 feet of any existing or proposed state or county park or recreation area, or within 500 feet of the right-of-way of any existing or proposed state or county road or highway, or within 500 feet of the existing or proposed boundary of any state or county-owned land on which a public building or institution is located, the Joint Planning Board shall refer such site plan proposal to the Jefferson County Planning Board for its review and action.
(3)
In accordance with the provisions of General Municipal Law, Article 12-b, § 239-m, the Jefferson County Planning Board is required to report its recommendations to the Joint Planning Board within 30 days after receipt of such referral, or such longer period as mutually agreed, or the Joint Planning Board may take action without such report. If the Jefferson County Planning Board disapproves the proposal, or approves the proposal with conditions, the Joint Planning Board may ignore the recommendations and approve the proposal, but only by vote of a majority plus one of its members and only after the adoption of a resolution fully setting forth the reasons for such contrary action.
(4)
Within 30 days after taking final action on the proposal, the Joint Planning Board shall notify the Jefferson County Planning Board of such final action.
D.
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed site plan contains one or more features which do not comply with the zoning regulations, application may be made to the Joint Zoning Board of Appeals for an area variance pursuant to Article 16, § 267-b of the Town Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Performance bond or other security. As an alternative to the installation of required infrastructure and improvements, prior to approval by the Joint Planning Board, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Joint Planning Board or a Town department designated by the Joint Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Joint Planning Board, shall be furnished to the Town by the owner. Such security shall be provided to the Town pursuant to the provisions of Town Law, Article 16, § 277, Subdivision 9.
F.
Waive of requirements. The Joint Planning Board is authorized to waive, when reasonable, any of the requirements of this section for the approval, approval with modifications or disapproval of site plans submitted for approval. Such waiver may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan.
G.
Costs and fees. Costs incurred by the Joint Planning Board or other Town department for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of a proposed site plan shall be passed on to the applicant on the contractual basis or hourly rate as charged by the consultant.
H.
Subsequent changes. Any applicant wishing to make subsequent changes in an already approved site plan shall submit a revised site plan proposal to the Joint Planning Board for review and approval. The Joint Planning Board shall follow the same procedural steps detailed above in Subsections A, B and C in reaching its final decision and informing the applicant.
I.
Expiration. In the event that the applicant fails to execute the terms and conditions set forth in the site plan proposal within two years after its final approval by the Joint Planning Board, said approval shall be deemed to have expired and any subsequent proposal shall require a new application and submission.