Concord City Zoning Code
ARTICLE XXXIII
Site Plan Review
§ 150-172 Applicability.
Unless otherwise provided and as regulated by the Subdivision Regulations of the Town of Concord, 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 zoning compliance under this chapter and for which an application therefor has been made to the Town of Concord, except for a single-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 zoning compliance.
§ 150-173 Procedure for site plan review and approval.
Site plan review.
Definition of site plan. As used in this article, the term "site plan" shall mean a rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in this article, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Plats showing lots, blocks or sites which are subject to review pursuant to authority provided for under § 276 of the Town Law shall continue to be subject to such review and shall not be subject to review as site plans under this article.
Approval of site plan.
The Town Board may, as part of a zoning ordinance or local law adopted pursuant to Article 16 of the Town Law or other enabling law, authorize the Planning Board or such other administrative body that it shall so designate to review and approve, approve with modifications or disapprove site plans prepared to specifications set forth in the ordinance or local law and/or in regulations of such authorized board. Site plans shall show the arrangement, layout and design of the proposed use of the land on said plan. The ordinance or local law shall specify the land uses that require site plan approval and the elements to be included on plans submitted for approval. The required site plan elements which are included in the zoning ordinance or local law may include, where appropriate, those related to parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses as well as any additional elements specified by the Town Board in such zoning ordinance or local law.
When an authorization to approve site plans is granted by the Town Board pursuant to this article, the terms thereof may condition the issuance of a building permit upon such approval.
Application for area variance. Notwithstanding any provision of law 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 Zoning Board of Appeals for an area variance pursuant to § 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.
Conditions attached to the approval of site plans. The authorized board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.
Waiver of conditions. The Town Board may further empower the authorized board to, when reasonable, waive any requirements for the approval, approval with modifications or disapproval of site plans submitted for approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event that 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.
Reservation of parkland on site plans containing residential units.
Before such authorized board may approve a site plan containing residential units, such site plan shall also show, when required by such board, a park or parks suitably located for playground or other recreational purposes.
Land for park, playground or other recreational purposes may not be required until the authorized board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute.
In the event that the authorized board makes a finding pursuant to Subsection A(6)(b) that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the authorized board may require a sum of money in lieu thereof to be established by the Town Board. In making such determination of suitability, the board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any moneys required by the authorized board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this subsection, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
Notwithstanding the foregoing provisions of this subsection, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 276 of the Town Law, the authorized board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
Public hearing and decision on site plans. In the event that a public hearing is required by this article, the authorized board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this article. The authorized board shall mail notice of said hearing to the applicant at least 10 days before said hearing and shall give public notice of said hearing in a newspaper of general circulation in the Town at least five days prior to the date thereof and shall make a decision on the application within 62 days after such hearing or after the day the application is received if no hearing has been held. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and such board. The decision of the authorized board shall immediately be filed in the office of the Town Clerk and a copy thereof mailed to the applicant. Nothing herein shall preclude the holding of a public hearing on any matter on which a public hearing is not so required.
Notice to metropolitan, regional or county planning agency. At least 10 days before such hearing, the authorized board shall mail notices thereof to the county, metropolitan or regional planning agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law. In the event that a public hearing is not required, the matter shall be referred to the metropolitan, county or regional planning agency before final action is taken thereon, if required by § 239-m of the General Municipal Law.
Court review. Any person aggrieved by a decision of the authorized board or any officer, department, board or bureau of the Town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision by such board in the office of the Town Clerk. The Court may take evidence or appoint a referee to take such evidence as it may direct, and report the same, with findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter. The Court at special term shall itself dispose of the matter on the merits, determining all questions which may be presented for determination.
Costs. Costs shall not be allowed against the authorized board unless it shall appear to the Court that it acted with gross negligence, in bad faith or with malice in making the decision appealed from.
Preference. All issues addressed by the Court in any proceeding under this subsection shall have preference over all civil actions and proceedings.
Where site plan review is required, the Code Enforcement Officer shall refer the application, site plan and supporting data to the Concord Town Planning Board. The Concord Town Planning Board shall review the application, site plan and supporting data and, at a regular meeting of the Concord Town Planning Board, submit written recommendations on each site plan reviewed to the Concord Town Board. Upon receipt of the Concord Town Planning Board's recommendations, the Concord Town Board, after determining that all requirements have been met, shall approve, approve with modification or disapprove the site plan. In modifying such site plan, the Concord Town Board shall enter its reasons for such action in its records.
§ 150-174 Authority to require additional supporting data.
In addition to the required site plan and supporting data indicated in § 150-175, the Concord Town Planning Board may request of a property owner or his or her agent additional supporting data or plans the Concord Town Planning Board deems necessary and pertinent to carry out its responsibility for site plan review as provided in this chapter.
§ 150-175 Submission of site plan and supporting data.
The property owner or his or her 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, civil engineer or land surveyor and may include the following information, presented in drawn form, at a scale approved by the Code Enforcement Officer of this chapter and accompanied by a written text:
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 Concord Town 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.
Site plan showing proposed lots, blocks, building locations and land use areas.
Traffic circulation, parking and loading spaces and pedestrian walks.
Landscaping plans, including site grading and landscape design.
Preliminary engineering plans, including street/road improvements, storm drainage system, public utility extensions, water supply, sanitary sewer facilities and outdoor lighting.
Preliminary architectural drawings for buildings to be constructed.
Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.
§ 150-176 Site plan review and recommendations.
The Concord Town Planning Board shall review the site plan and supporting data before making its recommendations to the Concord Town Board and take into consideration the following:
The harmonious relationship between the proposed uses and existing adjacent uses.
The maximum safety of vehicular circulation between the site and street/road network.
The adequacy of interior traffic circulation, parking and loading facilities with particular attention to vehicular and pedestrian safety.
The adequacy of landscaping and setbacks in regard to achieving maximum compatibility with and protection to adjacent property and land uses.
Should changes or additional facilities be recommended by the Concord Town Planning Board, recommended approval of the site plan shall be conditional upon satisfactory compliance by the property owner with the changes or additions.
In cases where any action of the Concord Zoning Board of Appeals is required, the site plan shall be the subject of a preliminary review by the Concord Town Planning Board in accordance with the review procedure set forth above before action is taken by the Concord Zoning Board of Appeals. After such action by the Concord Zoning Board of Appeals, the Concord Town Planning Board shall conduct a final review of the site plan.
§ 150-177 Performance bond.
The Concord 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 Concord to insure that the proposed development will be built in compliance with accepted plans.
§ 150-178 Site plan revisions.
A property owner wishing to make any changes in an approved site plan shall submit a revised site plan to the Concord Town Planning Board for review and recommendation to the Concord Town Board for approval.