Colden City Zoning Code
ARTICLE XXI
Site Plan Review
§ 108-112 Site plan required; exceptions.
Unless otherwise provided and as regulated by Chapter 92, Subdivision of Land, of the Town of Colden, a site plan review and a site plan approval shall be required for all uses, buildings and structures that require a building permit or certificate of compliance under this chapter and for which an application therefor has been made to the Town of Colden, except for a one-family dwelling or a two-family dwelling and its permitted accessory uses, buildings or structures, prior to the issuance of a building permit or certificate of compliance.
§ 108-113 Procedure for review and approval.
Where site plan review is required, the Code Enforcement Officer shall refer the application, site plan and supporting data to the Town Planning Board. The Planning Board shall review the application, site plan and supporting data and, at a regular meeting of the Planning Board, submit written recommendations on each site plan reviewed to the Town Board. Upon receipt of the Planning Board's recommendations, the Town Board after determining that all requirements have been met, including New York State environmental quality review,[1] shall approve, approve with modification or disapprove the site plan. In modifying such site plan, the Town Board shall enter its reasons for such action in its record.
§ 108-114 Authority to require additional supporting data.
In addition to the required site plan and supporting data indicated in § 108-115, the Planning Board may request of a property owner or his agent additional supporting data or plans that the Planning Board deems necessary and pertinent to carry out its responsibility for site plan review as provided in this chapter.
§ 108-115 Submission of site plan and supporting data.
The property owner or his agent shall submit at least six copies of a site plan and supporting data prepared by and bearing the official seal and signature of a licensed architect, landscape architect, professional engineer or land surveyor and may include the following information presented in drawn form, at a scale approved by the Code Enforcement Officer, and accompanied by a written text.
A.
Survey of the property, showing existing topographic features, including contours, large trees, buildings, structures, streets/roads, property lines, utility easements, rights-of-way and land use; and zoning and ownership of surrounding property. An appropriate copy of the town's Zoning Map pertaining to the property in question with the location of the premises of the site plan clearly indicated on said Zoning Map shall be required.
B.
Site plan showing proposed lots, blocks, building locations and land use areas.
C.
Traffic circulation, parking and loading spaces and pedestrian walks.
D.
Landscaping plans, including site grading and landscape design.
E.
Preliminary engineering plans, including street/road improvements, storm drainage system, public utility extensions, water supply, sanitary sewer facilities and outdoor lighting.
F.
Preliminary architectural drawings for buildings to be constructed.
G.
Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.
§ 108-116 Criteria for Planning Board recommendations.
A.
The Planning Board shall review the site plan and supporting data before making its recommendations to the Town Board and take into consideration the following:
(1)
Harmonious relationship between the proposed uses and existing adjacent uses.
(2)
Maximum safety of vehicular circulation between the site and street/road network.
(3)
Adequacy of interior traffic circulation, parking and loading facilities with particular attention to vehicular and pedestrian safety.
(4)
Adequacy of landscaping and setbacks in regard to achieving maximum compatibility with and protection to adjacent property and land uses.
B.
Should changes or additional facilities be recommended by the Planning Board, recommended approval of the site plan shall be conditional upon satisfactory compliance by the property owner to the changes or additions.
C.
In cases where any action of the Zoning Board of Appeals is required, the site plan shall be the subject of a preliminary review by the Planning Board in accordance with the review procedure set forth above before action is taken by the Zoning Board of Appeals. After such action by the Zoning Board of Appeals, the Planning Board shall conduct a final review of the site plan.
§ 108-117 Review by county.
Compliance with General Municipal Law § 239-m requires that the Erie County Department of Environment and Planning receive notice of all site plan review applications. The county has 30 days in which to respond.
§ 108-118 Performance bond.
The Town Board may require as a condition of site plan approval that the property owner file a performance bond in such amount, as determined by the Town Attorney of the Town of Colden, to insure that the proposed development will be built in compliance with accepted plans.
§ 108-119 Plan revisions.
A property owner wishing to make any changes in an approved site plan shall submit a revised site plan to the Planning Board for review and recommendation to the Town Board for approval.
§ 108-120 Variances and modifications.
A.
Where the Town Board finds that, because of unusual circumstances of shape, topography or other physical features of the land or because of the nature of the adjacent developments, extraordinary hardships may result from the strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that no such variation shall be granted which will have the effect of nullifying the intent and the purpose of the Master Plan, the Zoning Code or any other law or ordinance of the Town of Colden.
B.
In granting variances and modifications, the Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.