Crawford City Zoning Code
ARTICLE VI
Site Plans
§ 137-29 Contents of site plans.
A.
All site plans shall be drawn to scale and show:
(1)
The lot, block and section number of the property as shown on the most recent tax records.
(2)
The name and address of the record owner and of the developer/applicant if different from the record owner.
(3)
An endorsement of the record owner or of the developer/applicant if different from the record owner.
(4)
The name and address of the person, firm or organization preparing the map, together with the license number and seal if appropriate.
(5)
The date the plan was drawn and the dates of all revisions.
(6)
The direction of North.
(7)
The scale of the plans.
(8)
A sufficient description or information to precisely define the boundaries of the property and the dimensions and area of the lot.
(9)
The name, location and width of all streets within 200 feet of the lot.
(10)
The location and owner(s) of all adjoining lands as shown on the most recent tax records.
(11)
The location and width of all easements and/or rights-of-way on the property, together with any offers of dedication establishing easements and the location of the easements.
(12)
A complete outline of existing deed restrictions or covenants applying to the property.
(14)
A key map, preferably at a scale of one inch equals 2,000 feet showing the relationship of the site to municipalities, hamlets, highways and streets, marshes, wetlands, rivers, lakes and other natural features.
(15)
The existing topography of the site and immediately adjacent property as revealed by contours or key elevations, together with any proposed regrading of the site.
(16)
The location of existing on-site watercourses, marshes, wetlands, areas subject to ponding or flooding, wooded areas, rock outcrops, isolated trees with a diameter of 12 inches or more (measured four feet off the ground) and other significant existing features. The development standards contained in § 121-4B shall be applicable to site plans.
(17)
The exact dimensions and location on the lot of all existing and proposed buildings, structures and/or accessory buildings, together with proposed elevations and floor plans.
(18)
The location and dimensions of all curb cuts, access drives, parking areas and loading areas, together with appropriate profiles.
(19)
Locations, dimensions, grades and flow directions of existing and proposed culverts and other stormwater drainage facilities, as well as other underground and aboveground utilities within and adjacent to the property. The sediment control standards contained in § 121-5F shall be applicable to site plans.
(20)
The location, size and flow direction of all existing and proposed sewer lines and sewage disposal systems.
(21)
The location, size and flow direction of all existing and proposed water lines and water supply systems.
(22)
The location and dimensions of existing and proposed signs.
(23)
The location, direction, power and duration of use for all existing and proposed outdoor lighting and public address systems.
(24)
Any contemplated public improvements on or adjoining the property.
(25)
If the site plan indicates phased development, a supplementary plan shall indicate ultimate development and set out the phasing lines.
(26)
The solar access of the site and proposed building(s). Buildings depicted on a site plan shall be located (i) to take advantage of solar access, including orientation of proposed buildings with respect to sun angles and the potential shading by existing and proposed vegetation on and off site, and (ii) to not detrimentally impact solar access of adjoining uses and property.
[Added 9-15-2016 by L.L. No. 7-2016[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection A(26) as Subsection A(27).
(27)
Any other information deemed appropriate or necessary by the Building Inspector, Planning Board or Zoning Board of Appeals, as the case may be.
B.
Particular requirements of Subsection A may be waived by the Building Inspector or by resolution of the Planning Board or Zoning Board of Appeals, as the case may be; provided, however, that a waiver by any of the aforementioned shall not bind any of the others.
C.
Environmental review. Where required or appropriate pursuant to the New York State Environmental Quality Review Act (SEQR), as the same may be amended, or pursuant to a local law implementing SEQR in the Town, additional information concerning the environmental impact of the proposed development may be required as a part of the site plan application.
D.
Site plan approval is also intended to address operational, materials storage and site use and management practices for the protection of groundwater quality and the prevention of both surface water and groundwater pollution via stormwater runoff or by other routes, including but not limited to fuel storage, storage and handling of materials on site with particular attention to potential water pollutants, and site operations, including waste handling and collection on site. Stormwater management systems shall be designed and maintained in accordance with all currently applicable requirements. The Planning Board shall pay particular attention to site plans in and proximate to groundwater recharge areas, and may require modifications to a site plan in order to protect the same. A map of groundwater aquifers and recharge areas is on file with the Planning Board and with the Town Clerk. Such modifications may include, but shall not be limited to, the requirement of secondary containment, requirements for aboveground storage, or other limitations on all types of materials or equipment use, storage or handling. Storage, transfer, use and handling of all potential groundwater pollutants on a given site shall be considered pursuant to SEQR and the Planning Board's site plan review authority along with appropriate protective measures or restrictions developed thereunder. The Planning Board shall also consider the effect of site layout and operations on perennial stream corridors and riparian habitat, in cooperation with other regulatory agencies. The Planning Board shall consider the effects of direct stream disturbance and indirect effects, including thermal pollution and other potential effects related to stormwater and stormwater management.
[Added 5-8-2003 by L.L. No. 2-2003]
E.
All landscape plantings shall conform to American Nurseryman Association standards and shall be planted in suitable soil. The requirement that landscape plantings shall be properly maintained throughout the life of the use shall be deemed a condition of site plan approval.
[Added 5-8-2003 by L.L. No. 2-2003]
§ 137-30 Site plan approval.
A.
Site plan approval is intended to secure compliance with the purposes and provisions of this chapter and with accepted professional design practice for site improvements such as drainage, sidewalks, curbs, parking, landscaping, fences, driveways and grading.
B.
No building permit or certificate of occupancy for any building, structure or use other than a one-family dwelling and its accessory buildings or structures shall be issued unless the Planning Board has previously approved a site plan showing such building, structure or use. Additionally, no building permit or certificate of occupancy for a single-family dwelling within a scenic corridor shall be issued nor shall any land-clearing operations be permitted within the scenic corridor unless the Planning Board has previously approved a site plan showing such building, structure or use. Site plan review of single-family homes within the scenic corridor shall be limited to aesthetic and viewshed review. Site plan review in the case of land-clearing operations within the scenic corridor shall be limited to drainage, erosion control and viewshed concerns.
(1)
Application for site plan approval shall be made directly to the Secretary of the Planning Board in the form required by the Planning Board.
(2)
To be considered complete, an application must consist of:
(a)
A completed, signed application form with any required attachments.
(b)
Six copies of a detailed site plan as set forth in this article.
(c)
All fees as prescribed in the schedule of fees adopted by resolution of the Town Board to cover all review costs, including but not limited to filing fees, engineering fees, legal fees, planning fees and hearing notice fees.
[1]
Editor's Note: This local law also provided that it shall supersede any inconsistent provision of the Town Law.
C.
Presubmission conference. An applicant may request an informal, nonbinding presubmission conference with the Planning Board to discuss the proposed site plan.
D.
Public hearing.
(1)
Upon receipt of a complete application, the Planning Board shall, by motion duly adopted, fix a time not more than 45 days later for a public hearing on the proposed site plan and shall provide for the giving of notice, at least 10 days prior to the date thereof, as follows:
(a)
By publishing a notice in the official newspaper.
(b)
By posting a notice of the hearing in at least one public place.
(c)
By requiring the applicant to serve notice of the date, time, place and substance of the hearing by certified mail, return receipt requested, on all property owners within 200 feet of the property on which such special permit use is proposed to be located.
(d)
By providing such other notice as may be required by Article 12-B of the General Municipal Law or other applicable law. No action shall be taken on applications referred to the Orange County Planning Department until the Department's recommendation has been received or until 30 days have elapsed after the Department received the notice, whichever is earlier.
(2)
The Planning Board may, when reviewing a site plan for a change from one permitted use to another permitted use in a particular district, waive the requirements for a public hearing.
(3)
The Planning Board may waive the public hearing for buildings, structures and uses intended for a farm operation on land located in a county agricultural district or land used in agricultural production which is subject to an agricultural assessment. However, in order to protect the Scenic Corridor Overlay District and the purposes of that Overlay District and the scenic qualities of other areas of the Town, the Planning Board may only waive the public hearing requirement if the Board determines that the size, location and appearance of the proposed building, structure, use and nonstructural site element will not have an adverse effect on the Overlay District or its purposes or on the scenic qualities of any other area of the Town.
[Added 5-21-2020 by L.L. No. 2-2020]
E.
Decision.
(1)
The Planning Board shall make findings and render a decision on the application not later than 62 days after the public hearing is closed or, if no hearing is held, then not later than 62 days after receiving a complete application, unless the time to render a decision is extended:
[Amended 5-21-2020 by L.L. No. 2-2020]
(2)
Notwithstanding the sixty-two-day time period stated in Subsection E(1) above, the time period shall be 45 days when a site plan application includes a building, structure or use intended for a farm operation on land located in a county agricultural district or land used in agricultural production which is subject to an agricultural exemption.
[Added 5-21-2020 by L.L. No. 2-2020[2]]
(3)
Every site plan approved by the Planning Board shall clearly set forth the terms of any special conditions required by the Planning Board.
(4)
Copies of the findings and decision of the Planning Board, including any maps or other documents, shall be filed with the Town Clerk or the Planning Board Secretary, and the Building Inspector.
F.
Site plans requiring preliminary approval.
(1)
Provisions of Article 16 of the Town Law notwithstanding, the following uses shall be subject to preliminary site plan approval:
(2)
The public hearing required by this section shall be held prior to granting preliminary site plan approval.
(3)
The Planning Board shall have until the second regular monthly meeting following the public hearing to approve, approve with conditions or disapprove the preliminary site plan, unless said time period is extended by consent of the Planning Board and the applicant.
(4)
If preliminary approval is granted, the applicant shall have until the third regular monthly meeting following the approval to submit a final site plan application to the Secretary of the Planning Board.
(5)
To be considered complete, a final site plan application must consist of:
(a)
A completed, signed application form with any required attachments.
(b)
Six copies of the final site plan in accordance with the provisions of this article and the preliminary site plan approval.
(c)
All fees as prescribed in the schedule of fees adopted by resolution of the Town Board to cover all review costs, including but not limited to filing fees, engineering fees, legal fees, planning fees and hearing notice fees.
[Amended 8-14-1986 by L.L. No. 5-1986]
(6)
The Planning Board shall make findings and render a decision on the final site plan application not later than the second regular monthly meeting after the complete final site plan application was presented to the Planning Board, except that the time for making a decision:
(7)
Nothing herein shall prevent the Planning Board from requiring and holding a public hearing on the final site plan application when the Planning Board determines that substantial changes from the preliminary site plan warrant further opportunity for public comment. Procedures for such a public hearing shall be as set forth in this section.
G.
Expiration of site plan approval. Conditional site plan approval and, if no conditional approval is granted, final site plan approval shall be valid for three years commencing with the date the Planning Board adopts a resolution granting such conditional or final site plan approval. The granting of final site plan approval subsequent to conditional approval shall not extend this period. If the applicant has commenced and diligently prosecuted construction, pursuant to a lawful building permit, within that initial three-year period, then a single one-year extension of site plan approval will be granted by the Planning Board if the extension is requested and the approval extension fee is paid prior to expiration of that initial three-year period, and if the Planning Board determines that there has been no significant change in circumstances since the date of the approval resolution. Otherwise, the site plan approval shall expire three years after the date of the Planning Board's approval resolution, and the applicant must apply for a new site plan approval and comply with all applicable requirements of this chapter and other laws and regulations. If an applicant is granted a one-year extension of approval, then the site plan approval shall expire four years after the date of the Planning Board's approval resolution, unless the Building Inspector determines that the applicant possesses vested rights in the approval. If the site plan approval expires, any building permit related to the approval shall be deemed void and no certificate of occupancy will be issued.
[Amended 5-8-1997 by L.L. No. 4-1997[4]; 8-14-2008 by L.L. No. 2-2008; 10-20-2012 by L.L. No. 2-2012]
[4]
Editor's Note: This local law also provided that it shall supersede any inconsistent provision of the Town Law.
H.
In the event that an application for site plan shall remain inactive for a period of 12 months, the same shall be deemed abandoned. Nothing herein shall preclude an applicant from reapplying to the Planning Board.
[Added 5-8-1997 by L.L. No. 4-1997[5]]
[5]
Editor's Note: This local law also provided that it shall supersede any inconsistent provision of the Town Law.
I.
Site plan amendments. Any amendments to an approved site plan shall be subject to all the provisions of this article.
J.
Additional guiding principles for site plan review in a scenic corridor. In the course of site plan review the Planning Board shall consider the following guidelines in order to avoid actions which would compromise the scenic quality of the scenic corridor. For the purposes of development the siting standards are divided into several segments reflecting certain landscape features.
[Added 5-8-1997 by L.L. No. 4-1997[6]]
(1)
Sharp Ridge Zone.
(a)
Description: land rises sharply from the road to a ridgeline close by the road.
(b)
Structures built on the ridge will have a looming presence that will dominate the road and act as strong focal points. Exception: long, low agricultural buildings may accent the landform and the structural domination may be experienced by travellers as a manifestation of the agricultural character of the area.
(2)
Moderate Ridge Zone.
(a)
Description: land rises somewhat gradually from the road to a ridgeline set back from the road.
(b)
Structures on the ridge, especially large structures, will draw the attention of travellers.
(c)
Structures behind or in front of the ridge with no projections rising significantly above the ridgeline may be less visually intrusive.
(3)
Field and Hedgerow Zone.
(a)
Description: land falls away from or is nearly level with the road and is flanked in the middle distance by hedgerows or woodlot edges; occasional limited views of significant ridge or hills.
(b)
Structures built close to each other and/or close to the road create crowded, suburban appearance.
(c)
Avoid high density, architectural uniformity and placement close by the road.
(4)
Dense Woods or Hedgerow Zone.
(5)
Panoramic views.
(a)
Description: land falls away rapidly from the road, with full, long distance views of significant ridge or hills.
(b)
Structures built up close to the road and side-by-side effectively block the view and create suburban atmosphere.
(c)
Avoid building adjacent to the road or narrow lots. Adjacent houses should have staggered setbacks.
(6)
Intermediate Ridge Zone.
(a)
Description: in the middle distance of a panoramic view an intermediate ridge serves as a distinct focal point, with the ridge as a prominent background.
(b)
Structures built on the intermediate ridge should not draw the traveller's eye, clutter the view and upstage or distract from the ridge vista. Agricultural structures will be more in conformity with rural character and therefore less visually intrusive. New structures should be at least partially screened by vegetation.
[6]
Editor's Note: This local law also provided that it shall supersede any inconsistent provision of the Town Law.
§ 137-30.1 Emergency site plan approval.
[Added 8-14-2008 by L.L. No. 2-2008]
A.
Notwithstanding any other provision of this chapter, where an occupied residence is destroyed or damaged by fire or other reason to the extent that the residence is temporarily uninhabitable, the Building Inspector, in his discretion, may grant emergency site plan approval to allow installation of a mobile home or other temporary residence on the property. Said approval may be granted with or without a prior public hearing at the Building Inspector's discretion. In making a determination, the Building Inspector may consider such factors as the need for a replaced or restored building on an emergency basis, whether the damaged building is a nonconforming building, whether the building contains a nonconforming use, the location of the damaged building and proposed replacement building, the type of new construction, the time period the replacement building would remain, and any other factor deemed relevant by the Building Inspector. The Building Inspector may impose conditions upon an approval, including but not limited to size of the temporary residence, date by which the temporary residence must be removed, and site restoration. Any such replacement residence shall be subject to the State Building Code and applicable laws and regulations and shall require issuance of a building permit prior to commencement of work. No certificate of occupancy shall be granted to the reconstructed residence until the temporary residence and appurtenances are properly removed from the property.
B.
Notwithstanding any other provision of this chapter, where an occupied nonresidential building, or portion thereof, is destroyed or substantially damaged by fire or other reason, the Town Board, in its sole discretion, may grant emergency site plan approval to allow the temporary replacement or restoration of such building or portion thereof. Said approval may be granted with or without a prior public hearing at the Town Board's discretion. In making its determination, the Town Board may consider such factors as the need for a replaced or restored building on an emergency basis, whether the damaged building is a nonconforming building, whether the building contains a nonconforming use, the location of the damaged building and proposed replacement building, the type of new construction, the time period the replacement building would remain, parking, access, safety, and any other factor deemed relevant by the Board. The Board may impose conditions upon its approval, including but not limited to size of the replacement building, date by which the replacement building must be removed, and site restoration. Any such replaced or restored building shall be subject to the State Building Code and applicable laws and regulations and shall require issuance of a building permit prior to commencement of work. The applicant shall post a bond in a form and amount satisfactory to the Town Board to secure proper removal of the temporary replacement building and appurtenances upon expiration of the time period established by the Board.
C.
If a temporary building, including a residence, is not properly removed from the property by the date established by the Building Inspector or Town Board or if any condition of the approval is violated or if any provision of law is violated, such failure to remove or such violation shall be deemed a violation of the Zoning Law and the Town may enforce pursuant to the remedies and penalties set forth in the Zoning Law. In addition, all costs of enforcement, whether by administrative or judicial proceeding, shall be paid by the applicant and, if not paid, shall be assessed and levied against the property in the same manner as real property taxes.
§ 137-30.2 Architectural review.
[Added 1-16-2014 by L.L. No. 1-2014]
A.
Architectural review required. No exterior building renovations, alterations, construction, reconstruction or other exterior building, structure or site alterations, including signs, within the Architectural Review Overlay (AR-O) District shall commence until the Planning Board has granted architectural review approval. No site development or structure development in the Scenic Corridor Overlay (SC-O) Zoning District shall commence until the Planning Board has granted site plan approval, which approval shall include consideration of architectural and site characteristics.
B.
Jurisdiction and responsibilities.
(1)
The Planning Board shall have the responsibility and authority to review and approve, conditionally approve or deny exterior building renovations, alterations, construction, reconstruction and other exterior building, structure and site alterations, including signs, for properties located within the Architectural Review Overlay (AR-O) Zoning District prior to commencement of any such work.
(2)
Upon adoption by the Town Board of architectural review guidelines ("guidelines"), the Planning Board's review and approval of plans shall be based on those guidelines. Until such time, the Planning Board's review and approval authority shall be based on standards and provisions contained in § 137-11F of the Zoning Law (Section 5E of Local Law No. 3 of 2004) and on consideration whether the proposed building and plan will be consistent with the historic and traditional heritage with respect to style, materials, color, line and detail; will not be visually offensive or inappropriate due to poor quality of design; will not have monotonous similarity or striking visual discord in relation to surrounding buildings and properties; will not impair the use, enjoyment and values of properties in the area; will not prevent the most appropriate development and use of the site or adjacent properties; and will not adversely affect the economic stability and general welfare of the Architectural Review Overlay District.
(3)
The Planning Board shall also have the responsibility and authority to review and approve, conditionally approve or deny proposed structure, signage and site development plans within the Scenic Corridor Overlay (SC-O) Zoning District.
(4)
At the request of the Town Board, the Planning Board shall review and comment on any proposed building project that may have historic or architectural significance or that may affect any historic or architecturally significant building or property.
(5)
The Planning Board may recommend standards or guidelines for architectural review to the Town Board.
C.
Review procedures.
(1)
Where architectural review is required in connection with an application for approval of a subdivision, site plan or special permit use, required architectural and related information shall be submitted by the applicant directly to the Planning Board.
(2)
Where subdivision, site plan or special permit use approval is required, the Planning Board, in consultation with the applicant, shall determine the appropriate time for the applicant to submit architectural plans and related information to the Planning Board. Such plans and information shall include:
(a)
Building plans and elevations at an appropriate scale, showing the planned construction and materials (including but not limited to composition, color and style), and photographs or other illustration of the surrounding buildings or neighborhood;
(b)
Any other information or materials deemed reasonably necessary by the Planning Board to facilitate proper review;
(c)
An application fee in an amount to be established, and amended from time to time, by resolution of the Town Board.
(3)
Where any proposed construction or work does not require subdivision, site plan or special permit use approval, but does require architectural review and approval, the Building Inspector shall refer the applicant to the Planning Board for architectural review. The applicant shall submit to the Planning Board all of the items listed in Subsection C(2) above. In addition, the applicant shall submit a site plan or sketch plan showing the site, but such site plan or sketch plan need not contain all of the site plan elements required in § 137-29 of the Zoning Code.
(4)
Preliminary building designs may be submitted to the Planning Board for review and comment prior to submission of final designs in order to avoid the possible financial burden of submitting final designs that may require revision prior to architectural approval.
(5)
The Planning Board shall endeavor to make its decision within 32 days after receiving all information deemed necessary by the Planning Board to make its decision. Decisions shall be in writing, with findings and reasons, and shall be filed with the Town Clerk and Building Inspector. The Planning Board shall endeavor to complete its architectural review at the same time, or soon after, its review of a subdivision, site plan or special permit use application, provided that the applicant has provided the information and materials necessary for the Planning Board to complete its architectural review.
(6)
The Planning Board shall reserve its decision on architectural review when it determines that insufficient information has been submitted to enable the Board to render a final decision. In such case, the Board shall state in writing the additional information necessary. When such additional information is submitted by the applicant, the matter shall be placed on the Board's agenda for consideration as soon as possible.
(7)
The Building Inspector shall not issue a building permit unless the Planning Board has completed its architectural review and has acted to approve or approve with conditions. Where an architectural review application is approved with conditions, the Building Inspector shall determine whether the specified written conditions have been met by the applicant. Nothing herein shall prevent the processing, to the extent practical, of a building permit application by the Building Inspector pending completion of the Planning Board's architectural review.
(8)
Prior to issuance of a certificate of occupancy (CO) or certificate of compliance (CC) for an approved structure, the Chairperson of the Planning Board, or his/her designee(s), shall initial the application for the CO or CC indicating agreement that the completed structure conforms to the architectural approval given by the Planning Board.
D.
The Planning Board shall endeavor to avoid financial hardship on any applicant. However, increased construction or design costs shall not necessarily be considered indicative of undue hardship. It is not the responsibility of the Planning Board to provide design services to applicants, although the Planning Board may suggest design and material alternatives.
E.
Any substantial change in the exterior appearance of a structure or site previously approved by the Planning Board after architectural review shall be subject to approval by the Planning Board. The Building Inspector shall notify the Planning Board of any substantial change in the exterior appearance of any approved structure or site.
F.
Enforcement. Architectural review decisions of the Planning Board shall be enforced by the Building Inspector or Code Enforcement Officer. Violation of such decision or of any provision of this section shall be considered a zoning violation for purposes of enforcement, remedies and penalties, except that the Zoning Board of Appeals shall have no jurisdiction with respect to architectural review decisions or matters.
G.
Appeals. Any person aggrieved by an architectural review decision of the Planning Board may appeal such decision by commencement of an Article 78 proceeding in the Supreme Court within 30 days after the filing of the written decision of the Planning Board in the office of the Town Clerk.
H.
Recusal of Planning Board members from review of certain applications. Any member of the Planning Board who has participated in the preparation of architectural or similar plans submitted to the Planning Board shall not take part in the architectural review of such plans. Such member shall, at or prior to the first Planning Board meeting at which such plans are considered, notify in writing the Chairperson or secretary of the Planning Board that the member has participated in the preparation of such plans and is therefore recusing himself or herself from any participation in such review.