Clifton Park City Zoning Code
ARTICLE XVI
Site Plan Review and Approval
§ 208-113 Purpose and applicability.
A.
Purpose. The purpose of this article is to establish clear procedures for review of site plans, establish standardized and clear requirements for site plan applications, assure functional and attractive development and minimize adverse impacts on the natural and man-made environment. The Town of Clifton Park considers the site plan to be a form of contract between the owner and the public (represented by the Town) in which the Town agrees to permit certain development in return for commitments on the part of the owner to fulfill and maintain all of the requirements of the approved site plan.
B.
Applicability.
(1)
In all cases where this chapter requires a special use permit and/or site plan approval by the Planning Board, no building permit shall be issued by the Building Inspector except upon approval of and in conformity with a site plan approved by the Planning Board. Receipt of an approved site plan from the Planning and Zoning Department or written correspondence from the Director of Planning and Zoning authorizing the release of the building permit for a project is required prior to the issuance of a permit. An approved site plan shall be required prior to any field inspections by the Building Inspector. Generally, a site plan approval is required for all uses of land, new construction or expansion of existing uses for other than one- and two-family dwelling units and uses accessory thereto. This includes, but is not limited to, all Planned Development Districts (except those containing only one- and two-family dwelling units which shall require subdivision approval), all applications for a soil disturbing activity (SDA), all changes of use in the Light Industrial District as required by § 208-66E of this chapter and all other telecommunication towers as required by § 208-95B of this chapter.
[Amended 12-9-1996 by L.L. No. 11-1996; 10-16-2006 by L.L. No. 15-2006; 11-9-2015 by L.L. No. 12-2015; 12-12-2022 by L.L. No. 3-2022]
(2)
In instances where the building exists, the site is in conformity with a previously approved site plan (as determined by the Building Inspector) and a change of occupancy is occurring without structural changes to the building, the following procedures shall be followed:
(a)
If the new use is of the same type and intensity (i.e., office to office, sit-down restaurant to sit-down restaurant, etc.), no Planning Board action will be required prior to the issuance of a building permit and/or certificate of occupancy or tenancy. When issuing the building permit and/or certificate of occupancy or tenancy the Building Inspector shall provide the owner with a copy of the approved site plan for that location and obtain a signed receipt for same from the owner and/or his agent.
(b)
If the new use is not of the same type and intensity (i.e., office to retail, sit-down restaurant to fast-food restaurant, etc.), the new owner shall, if required by the Building Inspector, appear before the Planning and Zoning Department to arrange to appear before the Planning Board to determine if a revised site plan approval will be required prior to the issuance of a building permit and/or certificate of occupancy or tenancy.
[Amended 12-12-2022 by L.L. No. 3-2022]
(3)
In instances where the building exists, the site is not in conformity with a previously approved site plan and a change of occupancy is occurring without exterior structural changes to the building, a revised site plan approval shall be required prior to the issuance of a building permit and/or certificate of occupancy.
(4)
In instances where the building exists, a change of occupancy is occurring and exterior structural changes will be made to the building, a revised site plan approval shall be required prior to the issuance of a building permit and/or certificate of occupancy.
(5)
In instances where the building exists, no change of occupancy is occurring and structural changes will be made to the building, the new occupant shall appear before the Planning Board to determine if a revised site plan approval will be required prior to the issuance of a building permit and/or certificate of occupancy.
(6)
Site plan approval will be required for applications normally approved by the Building Inspector but where the Building Inspector has determined that, due to the nature of the action, the application requires review and approval by the Planning Board.
(7)
Should more than six months have elapsed from the date of preliminary approval before the applicant seeks final site plan approval, the Planning Board may, in its sole discretion, require the applicant to resubmit his preliminary site plan and pay an additional preliminary fee pursuant to the provisions of this section.
[Added 3-2-2009 by L.L. No. 1-2009]
(8)
The Planning Board, in its discretion, may require a fee upon final submission of the site plan by the applicant in the same amount as required for preliminary submission. This final fee requirement may be waived by the Planning Board in the interest of justice if requiring such final fee will, in the opinion of the Board, create an undue hardship on the applicant.
[Added 3-2-2009 by L.L. No. 1-2009]
(9)
Lot line adjustment procedures.
[Added 3-2-2009 by L.L. No. 1-2009; 12-12-2022 by L.L. No. 3-2022]
(a)
Applications for lot line adjustments shall be made in writing to the Planning and Zoning Director and shall consist of the following documentation:
[1]
Map. A survey map prepared by a licensed engineer or surveyor which indicates the existing lot lines as well as the proposed adjusted lot line on a scale no smaller than one inch equaling 100 feet.
[2]
Copies of the deeds to the properties in their current configuration, and a proposed deed for the parcel to be conveyed as a result of the lot line adjustment. A metes and bounds description of the properties in their present configuration and the proposed new configuration.
[3]
Fee. The lot line application fee shall be $100.
[4]
Documentation demonstrating consent from the owner(s) of the property from which any portion of the parcel is proposed to be taken.
(b)
The Planning and Zoning Director will forward the application to the Town Zoning Officer, who shall review the application to ensure that the lot line adjustment will not result in any code violations.
(c)
The Planning and Zoning Director, in consultation with the Town Zoning Officer, shall review and approve or deny an application for a lot line adjustment within 45 days. If the application is approved, the Director shall issue a certificate of lot line adjustment, which the applicant shall file with the Saratoga County Clerk concurrently with the deed effecting the lot line adjustment.
(d)
If the approval of the lot line adjustment would result in an increase in the development potential of any parcel, then the Planning and Zoning Director shall refer the application to the Planning and Zoning Board for site plan review.
C.
Fees. (See also Chapter 103.)
(1)
The fee for an application for a lot line adjustment shall be $100.
[Added 3-2-2009 by L.L. No. 1-2009]
(2)
Should more than six months have elapsed from the date of preliminary approval before the applicant seeks final site plan approval, the Planning Board may, in its sole discretion, require the applicant to resubmit his preliminary site plan and pay an additional preliminary fee pursuant to the provisions of this section.
(3)
The Planning Board, in its discretion, may require a fee upon final submission of the site plan by the applicant in the same amount as required for preliminary submission. This final fee requirement may be waived by the Planning Board in the interest of justice if requiring such final fee will, in the opinion of the Board, create an undue hardship on the applicant.[1]
[1]
Editor's Note: Former Subsection D, Reimbursable costs, which immediately followed this subsection, was repealed 4-6-1998 by L.L. No. 2-1998.
§ 208-114 Conceptual plan.
Upon receipt of an application for site plan review, a sketch plan conference shall be held between the Planning Board and the applicant to review the basic site design concept and generally determine the information to be required on the preliminary site plan. At the sketch plan conference, the applicant shall provide the data discussed below, in addition to a statement or rough sketch describing what is proposed.
A.
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
B.
A map of site topography at no more than ten-foot contour intervals. Where required by the Town Engineer or Stormwater Management Officer, a topographical map showing contour intervals of not more than two feet of elevation shall also be provided.
[Amended 12-17-2007 by L.L. No. 13-2007]
C.
For any soil disturbance activity not otherwise requiring site plan approval, a stormwater management and erosion control plan, together with an estimate of the cost thereof for the Planning Board to establish the amount of the soil disturbance security (bond, client fund account or letter of credit).
(1)
It shall be the responsibility of the Planning Board and the Stormwater Management Officer to determine the suitability of stormwater management and erosion control measures proposed for each individual site. Due to the uniqueness of each site, definitive measures will be approved for each application. (See also Chapter 86, Article II, § 86-7 of this Code.)
[Amended 12-17-2007 by L.L. No. 13-2007]
(2)
Prior to the commencement of any soil disturbing activity (SDA), a sketch plan shall be presented to the Planning and Zoning Department. At a minimum, this plan shall include:
[Amended 12-12-2022 by L.L. No. 3-2022]
(a)
A general vicinity map.
(b)
A description of all intended site work and soil disturbance activities.
(c)
A statement and/or simple mapping of any environmentally sensitive features on the site, including wetlands, stream and other drainage corridors, flood hazard areas (from FEMA flood insurance rate map), groundwater aquifers and/or recharge areas; Town Land Conservation Zones; ponds; reservoirs; habitat areas of rare, threatened or endangered species; significant forested areas; and any other important environmental features (NOTE: If mapped, features may be added to the site topography map described in § 208-114B.)
(3)
The Planning Board and the Stormwater Management Officer shall review the sketch plan and narrative to determine the suitability of the stormwater management and erosion control plan. A soil disturbance security, as approved by the Director of Planning and Zoning, shall be established prior to the issuance of a building permit. This security shall cover the full cost of constructing and maintaining all stormwater management and erosion control measures and shall be kept in effect until the Town determines that soil stabilization has occurred. Written acceptance of the plan by the Planning Board shall constitute permission for the owner to complete his building permit application.
[Amended 12-17-2007 by L.L. No. 13-2007; 12-12-2022 by L.L. No. 3-2022]
(4)
For more complex soil disturbance activities and those involving disturbances of greater than five acres, the Planning Board shall require the submission of an application for preliminary site plan approval.
(a)
If the soil disturbance activities exceed a total area of five acres, then a phasing plan shall be developed to ensure that no more than five acres are disturbed at any given time unless a waiver is granted by the NYSDEC.
[Added 12-17-2007 by L.L. No. 13-2007]
§ 208-115 Application for preliminary site plan approval.
[Amended 12-17-2007 by L.L. No. 13-2007; 11-9-2015 by L.L. No. 12-2015; 10-18-2021 by L.L. No. 6-2021; 12-12-2022 by L.L. No. 3-2022]
An application for preliminary site plan approval shall be made in writing to the Planning and Zoning Department and shall include the following:
A.
Description. All landscaping plans shall include a written narrative description of the proposed project addressing its scope of application, purpose, justification and impact on the immediate area of influence and the Town in general (schools, traffic generation, population, utilities, aesthetics and land use compatibility).
B.
Site plan. A site plan, drawn to a scale of not smaller than one inch equals 30 feet, shall be submitted, which shall include the following information:
(1)
All existing and proposed property lines, building setback lines, easements and right-of-way lines, with dimensions, azimuths or angle data and curve data.
(2)
All existing zoning and Planned Development District boundary delineations.
(3)
All monuments, iron pipes and bench marks.
(4)
The names of owners of all adjacent property.
(5)
Street names.
(6)
A North arrow.
(7)
A standard title block.
(8)
A key map.
(9)
Proposed use.
(10)
Contour lines at two-foot intervals, minimum United States Geological Survey datum.
(11)
Wetlands, stream and other drainage corridors, flood hazard areas (from FEMA Flood Insurance Rate Map); groundwater aquifers and/or recharge areas, Town Land Conservation Zones; ponds; reservoirs; habitat areas of rare; threatened or endangered species, significant forested areas; and any other important environmental features. Additionally, the boundaries of environmental areas to be left undisturbed and/or protected through deed restrictions, conservation easements or other agreements shall be shown. (These boundaries shall also be marked in the field prior to the start of soil disturbance activity, other than to install temporary soil erosion control measures, and left on-site until the Building and Development Department has made the final inspection.)
(12)
The location of outdoor storage, if any.
(13)
Provision for pedestrian access.
(14)
The location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls, berms and fences.
(15)
The location of fire and other emergency zones, including location of fire hydrants.
(16)
A description of the method of sewage disposal and location, design and construction materials for such facilities.
(17)
A description of the method of securing water and the location, design and construction materials for such facilities.
(18)
Traffic circulation shown so as to provide for the safety and ease of vehicular movement.
(19)
The location, design and construction materials of all parking and truck loading areas.
(21)
All buildings, sidewalks and lighting, as well as the location of heating and air-conditioning units, trash bins and any other outdoor storage or machinery, shall be shown on the plans.
(22)
The location of all outdoor lighting facilities.
(23)
A delineation of the arrangement, location, species and dimensions of all existing and proposed landscaping materials. All landscaping vegetation shall be labeled with both the common and botanical names.
(24)
A planting schedule listing each plant, shrub or tree, its approximate initial size and the quantity of each proposed.
(25)
Proposed site grading.
(26)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Local Law Number 15 of 2007[1] shall be required for preliminary site plan approval. The SWPPP shall meet the performance and design criteria and standards in Section C of this local law.[2] The approved preliminary site plan shall be consistent with the provisions of this local law.[3]
(27)
The final site plan shall contain the signature and seal of a professional engineer registered in New York State or a qualified land surveyor under § 7208, Subdivision n, of the Education Law.
C.
Lighting plan. All site plans shall include a lighting plan, which shall delineate the type of fixture to be used and the subsequent lighting pattern, the height of the fixture and the wattage of the light systems utilized.
D.
Stormwater management and erosion control plan. For applications involving soil disturbance of more than five acres and for those with one to five acres of soil disturbance that, due to the nature of the disturbance, require additional detail, a stormwater management and erosion control plan shall be submitted in accordance with Chapter 86, Article II, § 86-7, stormwater management and erosion control design standards, of the Code of the Town of Clifton Park.
(1)
Within the above context, the following outline details the structure and content of a stormwater management and erosion control plan:
(a)
Background information.
[1]
Project description.
[a]
Describe what is being proposed (i.e., residential lot subdivision, planned development district, commercial/retail development or industrial development).
[b]
Describe project size (i.e., number of acres, number of dwelling units, other buildings and density).
[c]
Describe other improvements which will be made on project site, including streets and roads and utilities (water, sewer, etc.), and give particular attention to acreage of land that will become paved and covered with buildings. Lawn acreage should also be specified.
[d]
Provide a location map based on USGS mapping.
[e]
Provide a statement describing how this project will meet stormwater management objectives established by the municipality.
[f]
Provide a general description of the approaches which will be taken to control erosion and sedimentation and stormwater runoff.
[2]
Existing (predevelopment) conditions.
[a]
Provide a map showing topography (contours) under existing conditions. On this same map, show drainage patterns, including ditches, culverts, permanent streams, intermittent/ephemeral streams and other drainage channels, wetlands or other waterbodies, and existing roads. Indicate sizes of existing culverts. Delineate watershed and subwatershed boundaries on the map.
[b]
Show existing land use, open space, public facilities, utility lines, water supply wells on site and predominant vegetation cover types (forested, brushland, grassland, cropland, pasture, etc.).
[c]
Obtain soils survey information and, by sub-catchment, provide tabular information detailing the number of acres that are in each of the Soil Conservation Service (SCS) Hydrologic Soils Groups A,B,C, or D in Table 10 in Chapter III of the April 1992 NYS DEC publication entitled "Reducing the Impacts of Storm Water Runoff from New Development." Soils information should be considered by conducting a site-specific soil survey.
[3]
Proposed future (development) conditions.
[a]
Provide a map showing, by subcatchment, the completed project, including typical lot layout, approximate location of buildings, streets and other paved surfaces, final contours, utility lines, water supply wells, individual sewage disposal systems and location and types of easements.
[b]
Provide tabular information, by subcatchment, showing the acres of impervious area created in the proposed development, as well as the extent of lawn and areas where the land will have been made more impervious than predevelopment conditions.
(b)
Comparison of predevelopment with post-development runoff.
[1]
Methodologies.
[a]
Describe or identify the methodology used to compare and evaluate pre- with post-development runoff conditions in terms of volumes, peak rates of runoff, routing and hydrographs.
[b]
Peak discharge rates and total runoff volumes from the project area for existing site conditions and postdevelopment conditions for the one-year, ten-year and one-hundred-year, twenty-four-hour storm events should be calculated. The relevant variables used in this determination, such as curve number and time of concentration, should be included.
[c]
Downstream analysis of the one-hundred-year, twenty-four-hour event, including peak discharge rates, total runoff volumes and evaluation of impacts to receiving waters and/or wetlands, should be evaluated.
[d]
If appropriate, storage volume and surface area requirements necessary to provide flood control for runoff generated during one-year, ten-year and one-hundred-year, twenty-four-hour storm events should be calculated.
[e]
Discharge provisions for the proposed control measures, including peak discharge rates, outlet design, discharge capacity for each stage, outlet channel design and a description of the point of discharge, should be provided.
[f]
Water quality treatment facilities should be designed to capture and treat runoff from all land areas for which the perviousness has been changed over predevelopment conditions due to soil disturbance activity in accordance with the NYS Stormwater Design Manual.
[g]
The necessary storage volumes should be calculated and the proposed stormwater measure(s) should be described in detail. The plans should provide sufficient detail of the water quality control measures to ensure that the relevant design criteria will be met.
[h]
Specific information should include surface area dimensions, depths, inlet designs, planting specifications for use of aquatic vegetation, discharge rates and outlet design.
[i]
Sufficient detail should be provided to show that the stormwater facility(ies) is/are capable of withstanding the discharge from the one-hundred-year storm event.
[2]
Calculations.
(c)
Stormwater management.
[1]
Stormwater management facilities.
[a]
Describe in a narrative and show on the map, by subcatchment, proposed stormwater management facilities. A soil profile below the stormwater management facility should be provided.
[b]
If appropriate, provide designs of proposed structural stormwater management facilities.
[c]
Calculations for sizing stormwater facilities should be provided.
[d]
Provide designs and calculations for siting and sizing such specialized measures and devices as filter strips, water quality inlets (oil/grit separator), forebays, etc., which will be used to remove sediment, oil-based products and other contaminants found in urban runoff.
[e]
Provide information on the design provisions that address safety considerations (e.g., gentle slopes and benches in ponds) and accommodate maintenance needs (including access to conduct maintenance operations).
[2]
Stormwater conveyance system.
(d)
Erosion and sediment control.
[1]
Erosion and sediment control facilities.
[a]
Describe temporary and permanent structural and vegetative practices which will be used to provide short-term (during construction) and long-term control of erosion and sedimentation when construction activities are completed and the project site is restored.
(e)
Implementation schedule and maintenance.
[1]
Provide an implementation schedule for staging of all stormwater management facilities. Describe how this schedule will be coordinated with the staging of erosion and sediment control facilities and construction activities.
[2]
Provide a description of the arrangements which will be made for ensuring long-term maintenance of stormwater management and erosion control facilities. Backup contingency plans should be provided and described. Those responsible for performing maintenance should be identified.
E.
Architectural plan. Whenever a site plan is required pursuant to this article and new construction is proposed for the site or the exterior facade of an existing building is to be modified in any way, the applicant shall, in addition, submit architectural drawings which shall include building elevations drawn to a scale equal or greater than 1/16 inch equals one foot. The elevations submitted shall include at least the following: front view, rear view and side view. The elevations shall show doorways, windows, loading areas, foundations, landscape planting, etc., and shall indicate the materials and exterior finishes to be used in construction. Pedestrian walkways, entrances and exits for use by the handicapped shall be provided in accordance with the New York State Uniform Fire Prevention and Building Code.
F.
Notification.
(1)
At the time of submission of the application for preliminary site plan approval as provided for herein, the applicant shall submit, in addition to otherwise required documentation, the following:
(a)
A reproduced copy of the Tax Map or extract of the Tax Map depicting the parcel(s) of land proposed for site plan approval and all lands within 500 feet distance from the perimeter thereof.
(b)
A schedule of the names and addresses of the property owners within 500 feet distance from the perimeter of the lands proposed for site plan approval as ascertained from the office of the Town Assessor.
(c)
Proof required.
[1]
The applicant shall submit satisfactory proof that the property owners within 500 feet of the perimeter of the lands proposed for site plan approval have been notified in writing of the nature (include a brief narrative about the project and its location, including number of units, approximate commercial square footage) of the proposed site plan, and such notification shall also include the following written statement: "An application for site plan approval of lands within 500 feet of your property is being proposed. The site plan application will be filed with the Planning and Zoning Department of the Town of Clifton Park and may be reviewed by you during normal business hours at Town Hall. Please call the Planning and Zoning Department at 371-6651 if you have any questions about the procedures to review this application and the process for consideration of the proposal."
[2]
Proof shall be deemed satisfactory for purposes hereof if the applicant provides evidence of mailing, by certified or registered mail, or certificate of mailing and files the receipts with the submission. Regular mail is not satisfactory notice.
(2)
In the event that the applicant or a related company or corporation owns lands adjacent to the lands proposed for site plan approval and within the 500 feet of the perimeter of the lands proposed for site plan approval, then, in such event, the notice required herein shall be provided to property owners within 500 feet of the parcel adjacent to the parcel proposed for site plan by the applicant.
(3)
For purposes of this subsection only, the term "applicant" shall include owner, agent or applicant.
G.
Additional requirements for Tier 2 and Tier 3 solar energy systems.
(1)
A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.
(2)
A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.
(3)
Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of building permit.
(4)
Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.
(5)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
§ 208-116 Review of preliminary site plan; public hearing.
A.
The Planning Board's review of a preliminary site plan shall include, as appropriate, but is not limited to, the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, channelization structures and traffic controls.
(2)
Adequacy and arrangements of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Location, arrangement, size, design and general site compatibility of buildings and lighting.
(5)
Adequacy of drainage, stormwater management and soil erosion control facilities.
(6)
Adequacy of water supply and sewage disposal system.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping. Especially important is the creation of visual and/or noise deterring buffers between the applicant's and adjoining lands, utilizing the maximum retention of existing vegetation where feasible.
(8)
The adequacy and amount of the green open space, especially in the case of an apartment complex or other multiple dwelling, where care should be given that the open space consist of land suitable for recreation use. Where no other requirement for green space exists elsewhere in this chapter, the minimum allowable green open space shall be 35% of the total area of the project site, unless the applicant can demonstrate that the project site is so unique that undue hardship will result from strict compliance with this thirty-five-percent requirement and the reduction of green open space will not cause substantial damage to the general character of the neighborhood.
(9)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones and the provisions of fire hydrants.
(11)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to flooding, ponding and/or erosion.
(12)
The size, design, shape, location and illumination pattern of all lighting facilities proposed for the site.
(13)
The overall aesthetics of the site plan.
(14)
Any other construction which the Planning Board deems appropriate due to the unique characteristics of a particular site.
B.
Consultant review. The Planning Board may, in the course of its review, consult the Town Building Inspector, Bureau of Fire Prevention, Highway Superintendent, Town Board, Zoning Board of Appeals, Environmental Conservation Commission, Parks and Recreation Committee, County Planning Board, other local and county officials and its designated private consultants and, in addition thereto, may consult with any representatives of the federal and state agencies whose advice would, in the opinion of the Planning Board, be helpful in making its determination, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
C.
Public hearing. The Planning Board may conduct a public hearing on the preliminary site plan. If a public hearing is considered desirable by a majority of the members of the Planning Board, such public hearing shall be conducted within 62 days of the receipt of the application for preliminary site plan approval and shall be advertised in the designated official newspaper of the Town and, in addition, if felt desirable, in a newspaper of general circulation in the Town at least five days before the public hearing. In determining whether or not to hold a hearing, the Planning Board will consider the degree of interest shown by other persons for the project and the extent to which a public hearing can aid in its decisionmaking process by providing a forum for and an efficient mechanism for the collection of public comment. Whether to hold a public hearing is solely in the discretion of the Planning Board.
§ 208-117 Determination of board on preliminary site plan.
Within 62 days of the receipt by the Board of an application for a preliminary site plan approval or the preliminary public hearing, if one is held, the Planning Board shall act on it. If no decision is made within said sixty-two-day period, the preliminary site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement, embodying the terms of the Planning Board's motion on the application, and shall state whether or not the preliminary site plan is approved, approved with modifications or disapproved. The Planning Board's statement may include required modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
§ 208-118 Application for final site plan approval.
A.
After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit a final, detailed site plan to the Planning Board for approval. If more than six months have elapsed since the time of the Planning Board's action 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 possible revision prior to accepting the proposed final site plan for review.
B.
The final site plan shall conform substantially to the approved preliminary site plan. It shall incorporate any modifications that may have been required by the Planning Board in its preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission. Any noncompliance shall also be noted. The following additional information shall accompany an application for final site plan approval:
C.
Public hearing. The Planning Board may conduct a public hearing on the final detailed site plan. Whether or not to hold such a public hearing is solely within the discretion of the Planning Board, following the guidelines set forth in § 208-116C for a preliminary public hearing.
D.
Stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of Local Law Number 15 of 2007 shall be required for site plan approval.[1] The SWPPP shall meet the performance and design criteria and standards in Section C of this local law.[2] The approved Site Plan shall be consistent with the provisions of this local law.
[Added 12-17-2007 by L.L. No. 13-2007]
(1)
Prior to final site plan approval and issuance of a building permit, the applicant shall certify that the appropriate stormwater permits have been secured for stormwater discharges associated with construction activities and that the SWPPP has been prepared in accordance with the NYS SPDES requirements.
§ 208-119 Determination of board on final site plan.
Within 62 days of receipt of the application for final site plan approval, the Planning Board shall render a decision to the Building Inspector. If no decision is made within the forty-five-day period, the final site plan shall be considered approved.
A.
Upon approval of the final site plan or conditional approval of the final site plan, and the adequate demonstration to the Planning Board that all conditions have been met and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward such copy to the Building Inspector.
B.
Upon disapproval of a final site plan, the Planning Board shall so inform the Building Inspector, and the Building Inspector shall deny a building permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval.
§ 208-120 Expiration of approval; extension.
A.
The Planning Board approval shall be valid for one year from the date of issuance. If compliance with the site plan is not made by the applicant before the termination of this one-year period, said approval shall automatically terminate, except as provided in § 208-120B below. In this event, the Building Inspector shall revoke the building permit issued to the applicant pursuant to the provisions of § 208-107E hereof, and the applicant must resubmit either preliminary or final site plan for Planning Board review and approval, as directed by the Board. Any developed use of the parcel, lot and building after the termination of such approval pursuant hereto shall be a violation hereof.
B.
The Planning Board may, in its sole discretion, at the applicant's written timely request and, in any event, at least 30 days prior to the expiration of the initial one-year approval, grant the applicant an extension of time within which to comply with the site plan, provided that the applicant has made reasonable, good faith efforts to complete construction and implement the site plan as provided within the aforesaid one-year period, and further provided that such extension shall in no event exceed one year. No further extensions shall be permitted.
§ 208-121 Declaration of covenants, restrictions, conditions and easements.
A.
The Planning Board may request as part of the final site plan approval process that the applicant execute and cause to be recorded in the Saratoga County Clerk's office, a declaration of covenants, restrictions, conditions and easements, imposing affirmative duties on the applicant in conjunction with and in furtherance of the site plan.
§ 208-122 Issuance of certificate of occupancy upon completion of site plan.
The Building Inspector shall not issue a permanent certificate of occupancy until such time as the Planning Board or its agents shall notify the Building Inspector that the site plan work has been completed in full compliance with the final approved site plan.
§ 208-123 Security requirements.
A.
The Planning Board shall require the applicant to provide the Town of Clifton Park with adequate security to ensure prompt and continuous compliance with the site plan, such security being in the form of a letter of credit or a client fund account, to be held by the Town pending satisfactory completion of the site plan. The amount of such security in whatever form shall be equal to the full estimated cost of the completed site plan. The amount of security necessary shall be determined by the Planning Board after a review of the cost estimate of the site plan prepared by the applicant or his representative. The security may be reduced as implementation of the site plan progresses. It shall not be reduced to less than the amount determined for that work which is still uncompleted plus 20% of the amount determined for that work which is completed and approved. The reduced security shall remain in effect for one year after the date of issuance of the permanent certificate of occupancy, unless required to be extended further as provided for in the following section.
B.
Compliance with Board requirements subsequent to issuance of permanent certificate of occupancy: penalties for noncompliance.
(1)
It is the intent of this subsection that compliance with all Board-approved special conditions shall be required. In that regard, this subsection shall be applicable to all site plan requirements set by the Planning Board (PB), to all special conditions attached to a variance by the Zoning Board of Appeals (ZBA) and to all special conditions attached to a special use permit. In the following subsections of this section, the term "Board" shall mean either the Planning Board or the Zoning Board of Appeals and the term "special conditions" shall mean either a site plan, variance or special use permit, as appropriate.
(2)
The Town shall, at all times, have the right to reinspect the premises if any Building Inspector has reason to believe the site is not in compliance, either by personal observation, a report from a Town official or board member or upon the receipt of a signed, written complaint alleging that the site is not in compliance and detailing the manner in which the compliance is lacking.
(3)
Upon receipt of an application for a change of tenancy which affects an entire site (as opposed to a change of an interior tenant, such as the occupant of a single office or a retail store within a mall complex), the Building Inspector shall provide the applicant with a copy of the special conditions and shall have the premises inspected to determine whether the site is in compliance with those approved special conditions. If the site is found to be in compliance, then the applicant shall be so notified. If not, the applicant shall be so advised in writing and no new certificate of occupancy or tenancy shall be issued until the violation has been corrected. If the violation is not correctable (i.e., removal of existing trees which were required to be protected), then the applicant will appear before the appropriate Board to determine what mitigation will be acceptable and, upon completion thereof, a new certificate of occupancy or tenancy shall be issued.
(4)
If, at any time subsequent to the issuance of a permanent certificate of occupancy, the Building Inspector finds that any special conditions have been violated, the owner and/or occupant shall be issued a notice of violation in writing (in the same manner as provided for stop orders in § 208-107F of this chapter) and given 30 days to either bring the site into compliance or to appear before the appropriate Board to determine mitigation and/or secure a time extension, if required. If the owner/occupant elects to appear before the appropriate Board, then the Building Inspector shall issue a revised notice of violation based on the determinations made by the Board.
§ 208-124 Waiver of provisions.
Upon written application of an applicant setting forth the reasons why a waiver of any provision of this article is necessary or desirable, the Planning Board may entertain such application. If the Planning Board finds that, because of unusual circumstances of shape, topography or other physical features of the proposed site, extraordinary hardship would result from the strict compliance with this article, it may waive certain provisions of this article so that substantial justice may be done and the public interest secured, provided that no such waiver shall be granted which will have the effect of nullifying the intent or purpose of the Official Map and other articles of this Zoning Chapter or Chapter 179, Subdivision of Land, of the Town. In permitting such a waiver, the Planning Board may require such conditions as will, in its sole discretion, substantially secure the objectives of the standard requirements so changed or modified.
§ 208-125 Integration of additional land use procedures.
Whenever the particular circumstances of the proposed development require compliance with any other land use approval, permit or variance, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this article with the procedural and submission requirements for such other compliance.