East Bloomfield City Zoning Code
ARTICLE XI
Site Plan Regulations
§ 135-84 Authority.
A.
The Town of East Bloomfield Planning Board is hereby empowered to grant site plan approval in accordance with the provisions of § 274-a of the New York State Town Law. Those identified site development permit applications or special use permits requiring site plan approval as a prerequisite shall be regulated as set forth in this section. The application procedures for zoning permits or special use permits are contained in Article V of this chapter.
B.
To determine whether site plan approval is to be required by the Town Planning Board, refer to the specific zoning district and/or overlay zoning sections of this chapter. Generally speaking, site plan approval is required for site developments of permitted uses occurring within the following districts:
C.
Generally speaking, site plan approval is required for site developments of special permit uses occurring within the following districts:
D.
In conducting its review and approval of any site plan application, the Town Planning Board shall require that all provisions of this chapter are complied with.
§ 135-85 Applicability.
A.
Site plan approval shall be required as a prerequisite prior to the issuance of a building permit for proposed actions which meet one or more of the thresholds defined in this section. The Code Enforcement Officer shall notify an applicant for a building permit where site plan approval is required.
B.
The thresholds which determine the need for site plan approval are as follows:
[Amended 1-12-2004 by L.L. No. 1-2004]
C.
The Code Enforcement Officer shall determine if an applicant meets one or more of the thresholds listed above. If the applicant does not meet any of the thresholds, the Code Enforcement Officer shall issue a building permit and/or certificate of zoning compliance, provided that the proposed action is consistent with the applicable regulations of this chapter.
D.
If the Code Enforcement Officer determines that site plan approval by the Planning Board is required, the Code Enforcement Officer will advise the applicant as to applicable procedures and requirements.
§ 135-86 Application for site plan approval.
A.
An application for site plan approval shall initially be made, in writing, to the Code Enforcement Officer and shall contain the following information:
B.
Upon review of said application letter, the Code Enforcement Officer shall prepare a written response to the applicant containing the following information:
(1)
Date of the Planning Board meeting at which the application for site plan approval will be discussed.
(2)
A preliminary indication under SEQR as to include the type of action involved and appropriate SEQR forms to be completed by the applicant or agent.
(3)
A tentative time schedule for conceptual, preliminary and final site plan approval.
(4)
Any other information the Code Enforcement Officer deems appropriate, including identification of the applicant's interest in the proposal, any fees and criteria for site plan preparation.
(5)
In the event that a preliminary site plan identifies the potential need for dimensional variances, the applicant shall first be denied preliminary site plan approval by the Planning Board before appealing the need for such variance(s) to the Zoning Board of Appeals. Where the Planning Board has denied such site plan on these grounds, the Planning Board shall convey its opinion to the Board of Appeals on the requested variances. Once variances have been granted, the applicant may proceed for final site plan approval. If the variances are denied, the applicant shall submit a revised site plan complying with the dimensional requirements of the zoning district.
C.
The Planning Board shall, for each preliminary site plan application, determine whether a public hearing would serve a community benefit according to such a determination by the Planning Board. The process for site plan approval, including the time frames for making decisions, shall coincide with that set forth in this chapter.
D.
Whenever the Planning Board shall determine that a public hearing in a site plan application is necessary, the applicant shall be required to erect a sign giving notice of such public hearing, which sign shall be prominently displayed on the premises, facing a public street or road on which the property abuts. The sign shall be furnished to the applicant for this purpose by the Town. Said sign shall be displayed for a period of not less than 10 days immediately preceding the public hearing or any adjournment date thereof. The applicant shall file an affidavit with the Planning Board at or prior to the public hearing, stating that he or she has complied with the provisions of this section.
[Added 9-12-2005 by L.L. No. 4-2005]
§ 135-87 Application for concept site plan review.
A.
Upon receipt of said Code Enforcement Officer's report, the applicant may prepare a concept site plan for review by the Planning Board, which contains the following information:
(1)
Title of drawing.
(2)
An area map showing the parcel under consideration for site plan review, a plan drawn to scale based on the entire parcel and all properties, subdivisions, streets and easements within 500 feet of the boundaries thereof.
(3)
Internal street pattern, if any, of the proposed development.
(4)
Location of all existing structures and vegetation on the site and the future use of the same.
(5)
Existing zoning classification(s) of the property and all properties within 500 feet, and any restrictions on land use of the site.
(6)
Existing natural features on the site and the future use of the same.
(7)
Contour intervals at the five-foot intervals, unless the Planning Board specifies otherwise.
(8)
Names of owner and owners of adjacent properties.
B.
The Planning Board shall consider all concept site plans at their regularly scheduled meeting and may, at this stage, suggest changes in the plan involving the street layout, traffic patterns, lot size or shape, preservation of natural features or other matters and suggest redesign to comply with zoning requirements or reduce the need for variance which, in the Board's opinion, will improve the layout and be in keeping with the best interests of the town.
C.
The Planning Board shall be permitted a reasonable time to review a concept site plan and make comments, but in no instance longer than 60 days from the time of Planning Board's receipt.
D.
The Planning Board shall inform the applicant of the State Environmental Quality Review (SEQR) procedural requirements that must be resolved prior to any action on a preliminary site plan application.
§ 135-88 Application for preliminary site plan approval; checklist.
Application for preliminary site plan approval shall be made, in writing, to the Code Enforcement Officer and shall be accompanied by information drawn from the following checklist,[1] as determined necessary by the Planning Board at the concept plan review.
[1]
Editor's Note: The Preliminary Site Plan Checklist is located at the end of this chapter.
§ 135-89 Planning Board considerations for a preliminary site plan approval.
A.
The Planning Board's review and approval of a preliminary site plan shall include, as appropriate, but is not limited to, the following:
(1)
General considerations.
(a)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(b)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(h)
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(i)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(j)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(k)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
B.
In its review, the Planning Board may consult with the Town Engineer, the Fire Chief of the East Bloomfield-Holcomb Volunteer Fire Department, Ontario County Planning Department and other Town and county officials, as well as with representatives of federal and state agencies.
C.
The Planning Board may require that the exterior design of all structures be made by or under the direction of a registered architect, whose seal shall be affixed to the plans, and to submit landscape plans made by or under the direction of a registered landscape architect, together with an estimate of the cost of installing the same.
D.
Public hearing. When the Planning Board decides to conduct a public hearing on preliminary site plan, said public hearing shall be conducted within 45 days of the receipt of the complete application for preliminary site plan approval and shall be advertised in the official newspaper of the Town at least 10 days before the public hearing. The Planning Board, by resolution, can waive the right to public hearing on final plans if changes are not substantial. All landowners within a five-hundred-foot radius of the proposed project shall be notified by the Code Enforcement Officer by mail at least 10 days before the public hearing.
§ 135-90 Planning Board action on preliminary site plan.
A.
Within 45 days of the Planning Board's publication of a complete application for preliminary site plan approval, the Planning Board shall act on it. If no decision is made within said forty-five-day period, the preliminary site plan shall be considered approved and the applicant so notified. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, disapproved, approved with modifications or approved by default when not reaching a timely decision within the time period specified.
B.
The Planning Board's statement may include recommendations or 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 shall 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.
C.
If the preliminary site plan identifies the need for dimensional variances, then the Planning Board shall notify the Board of Appeals and the applicant of what variance(s) the Board believes would be appropriate based on their review of the preliminary site plan. The Planning Board report shall be considered by the Board of Appeals in its deliberation on any variance request(s).
D.
No modifications of existing stream channels, filling of lands, grading or removal of vegetation in areas with a moderate to high susceptibility to erosion or excavation for construction of site improvements shall begin until the developer has received final site plan approval. Failure to comply shall be construed as a violation of this chapter and, where necessary, final site plan approval may require the modification, restoration or removal of unapproved site changes.
§ 135-91 Application for final detailed site plan approval.
A.
After receiving conditional approval from the Planning Board on a preliminary site plan, the applicant may prepare his final detailed site plan and submit it to the Planning Board for approval, except that if more than six months has elapsed between the time of the Planning Board's report 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 detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site approval. It should incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
C.
The following additional information shall accompany an application for final site plan approval:
(1)
Detailed sizing and final material specification of all required improvements; and
(2)
An estimated project construction schedule.
(3)
A detailed plan identifying all lands, easements and right-of-ways which shall be commonly owned with the identification of the association responsible for said ownership, the method of managing commonly owned properties and requiring that the officers of said association shall be identified to the Code Enforcement Officer, in writing, on an annual basis.
(4)
Information specifying the materials to be used and information as to the character of the exterior design.
§ 135-92 Action on the detailed final site plan application.
A.
Within 45 days of the receipt of a complete application for final site plan approval, the Planning Board shall render a decision to the applicant and the Code Enforcement Officer.
B.
Upon approval by all involved agencies, an application for the site plan approval by the Planning Board shall direct the Planning Board Chairman to endorse its approval on the original Mylar and one copy of the final site plan. Once signed, the Planning Board shall forward it to the Code Enforcement Officer, who shall then issue a zoning permit to the applicant if the projects conforms to all other applicable requirements and permits.
C.
Upon disapproving an application, the Planning Board shall so inform the Code Enforcement Officer and the applicant. The Code Enforcement Officer shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
§ 135-93 Supplemental regulations pertaining to site plan approval.
A.
Expiration of site plan approval. Such site plan approval will automatically terminate one year after the same is granted, unless significant work has been done on the project.
B.
Reimbursable costs. Reasonable costs incurred by the Town for consultation fees or other extraordinary expenses associated with the review of a proposed site plan shall be charged to the applicant in accordance with the fee schedule.
C.
Performance guarantee. No zoning permit shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee, approved by the Town Board, has been posted for improvements. The sufficiency of such performance guarantee shall be determined by the Town Board after consultation with the Code Enforcement Officer, Town Engineer, Planning Board and Town Attorney.
D.
Inspection of improvements and development. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Town officials and agencies, as appropriate. No certificate of occupancy shall be granted prior to a final inspection and determination of conformity to the site plan and New York State Building Code.
E.
Integration of site plan approval procedure with other Planning Board approvals. Whenever the particular circumstances of a proposed development require compliance with either the special use permit procedure or the requirements of Ch. 86, Land Development, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliances. In any case, all state permits and local land use control approvals shall be procured prior to the issuance of a buildings permit for a development project.
F.
Conflicts. If any conflicts exist between this site development plan review procedure and other land use controls of the town, this section shall apply.