East Greenbush City Zoning Code
ARTICLE VI
Planning Board
§ 57-71 Authority.
A.
Pursuant to § 271 of the New York State Town Law, the Town of East Greenbush Town Board is authorized by local law and hereby creates a Planning Board consisting of seven members and has, by resolution, appointed the members of such board and designated the Chairperson thereof. In the absence of a Chairperson the Planning Board may designate a member to serve as Chairperson. The Town Board may, as part of the local law or ordinance creating said Planning Board, provide for the compensation of Planning Board members. In making such appointments, the Town board may require Planning Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members.
B.
Appropriation for Planning Board. The Town Board is hereby authorized and empowered to make such appropriation as it may see fit for Planning Board expenses. In a Town containing one or more villages, or parts thereof, such charges and expenses less fees, if any collected, shall be a charge upon the taxable property of that part of the Town outside of said villages and shall be assessed, levied and collected therefrom in the same manner as other Town charges. The Planning Board shall have the power and authority to employ experts, clerks and a secretary and to pay for their services, and to provide for such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made therefor by the Town Board for such Planning Board.
C.
Rules and regulations. The Planning Board may recommend to the Town Board regulations relating to any subject matter over which the Planning Board has jurisdiction under this article or any other statute, or under any local law or ordinance of the Town. Adoption of any such recommendations by the Town Board shall be by local law or ordinance.
D.
Report on referred matters; general reports. The Town Board may by resolution provide for the reference of any matter or class of matters, other than those referred to in Town Law § 271, Subdivision 13, to the Planning Board before final action is taken thereon by the Town Board or other office or officer of said Town having final authority over said matter. The Town Board may further stipulate that final action thereon shall not be taken until the Planning Board has submitted its report thereon, or has had a reasonable time, to be fixed by the Town Board in said resolution, to submit the report.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
The Planning Board may review and make recommendations on a proposed Town Comprehensive Plan or amendment thereto. In addition, the Planning Board shall have full power and authority to make investigations, maps, reports and recommendations in connection therewith relating to the planning and development of the Town as it seems desirable, providing the total expenditures of said board shall not exceed the appropriation provided therefore.
E.
Membership.
(1)
Town Board members ineligible. No person who is a member of the Town Board shall be eligible for membership on such Planning Board.
(2)
Terms of members first appointed. The terms of members of the Board shall be for terms so fixed that the term of one member shall expire at the end of the calendar year in which such members were initially appointed. The terms of the remaining members shall be so fixed that one term shall expire at the end of each calendar year thereafter. At the expiration of the term of each member first appointed, his or her successor shall be appointed for a term which shall be equal in years to the number of members of the Board.
(a)
One member: seven years, succeeded by a seven-year term.
(b)
One member: six years, succeeded by a seven-year term.
(c)
One member: five years, succeeded by a seven-year term.
(d)
One member: four years, succeeded by a seven-year term.
(e)
One member: three years, succeeded by a seven-year term.
(f)
One member: two years, succeeded by a seven-year term.
(g)
One member: one year, succeeded by a seven-year term.
(3)
Terms of members now in office. Members now holding office for terms which do not expire at the end of a calendar year shall, upon the expiration of their term, hold office until the end of the calendar year and their successors shall then be appointed for terms which shall be equal in years to the number of members of the Board.
(4)
Increasing membership. The Town Board may, by local law or ordinance, increase a five member Planning Board to seven members. Additional members shall be first appointed for single terms as provided by resolution of the Town Board in order that the terms of members shall expire in each of seven successive years and their successors shall thereafter be appointed for full terms of seven years. No such additional member shall take part in the consideration of any matter for which an application was on file with the Planning Board at the time of his or her appointment.
(5)
Decreasing membership. A Town Board which has seven members on the Planning Board may by local law or ordinance, decrease the membership to five, to take effect upon the next two expirations of terms. However, no incumbent shall be removed from office except upon the expiration of his or her term, except as hereinafter provided.
(6)
Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint the new member for the unexpired term.
(7)
Removal of members. The Town Board shall have the power to remove, after public hearing, any member of the Planning Board for cause. Any Planning Board member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Town Board by local law or ordinance.
(8)
Chairperson duties. All meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(9)
Service on other Planning Boards. No person shall be disqualified from serving as a member of the Town Planning Board by reason of serving as a member of a village or county Planning Board.
F.
Alternate members.
(1)
The Town Board hereby establishes alternate Planning Board member positions for purposes of substituting for a member in the event such member is unable to participate because of illness or unavailability. Alternate members of the Planning Board are appointed by resolution of the Town Board, for terms established by the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
The Chairperson of the Planning Board may designate an alternate member to substitute for a member when such member is unable to participate on an application or matter before the Board because of illness or unavailability. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
All provisions of this section relating to Planning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members.
§ 57-72 Site plan review and approval procedures.
Prior to the issuance of a building permit or certificate of occupancy or use in any district, except for a one- or two-family dwelling, and related accessory uses or a general farming or nursery use permitted by right in its district, the Code Enforcement Official shall require the preparation of a site plan. The Code Enforcement Official shall refer the site plan to the Planning Board for its review and recommendations to the Town Board in accordance with the standards and procedures set forth in this section and shall advise the Town Board of the date of said referral.
A.
Preservation of existing sites. No earthwork, clearing, site grading, tree or shrub removal or building demolition shall take place prior to obtaining site plan approval.
B.
Sketch plan. A sketch plan conference between the Planning Board and applicant shall be held 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 should provide, to the extent applicable, the following:
(1)
A statement or rough sketch describing what is proposed.
(2)
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. Such area map shall be oriented to the nearest street or road intersection and indicate some existing features nearby for orientation purposes, such as intersections, signs or other visual landmarks.
(3)
A map of site topography at no more than five feet contour intervals. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding, or ponding, a soils overlay and a topographic map showing contour intervals of not more than two feet of elevation should additionally be provided. At the sketch plan conference, the Planning Board may take one of the following actions:
(a)
Determine that the project is limited in scope, with compatible land use, site and building design characteristics, thus requiring no further review under this article, with such determination restricted to applications including the establishment of permitted uses within existing complying structures or the limited modifications of existing conforming uses and complying structures, wherein no substantial site improvements and no substantial building additions are either required or proposed;
(b)
Determine that the project does require full review under this article, based upon its scope and/or land use, site and building design characteristics, and advise the applicant of preliminary site plan requirements in accordance with Subsection B of this section; or
(c)
Require additional sketch plan information prior to making a determination regarding the applicability of the site plan review and approval procedure.
C.
Application for preliminary site plan approval. An application for preliminary site plan approval shall be made to the Planning Board and shall be accompanied by information drawn from the following checklist in Table IV-A, as determined necessary by the Planning Board at the sketch plan conference.
D.
Planning Board review of preliminary site plan. The Planning Board's review 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, channelization structures 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 drainage facilities;
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise deterring buffer between the applicant's 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; and
(k)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Table IV-A - Preliminary Site Plan Checklist | |
|---|---|
1. | Title of drawing, including name and address of applicant and person responsible for preparation of such drawing; |
2. | North arrow, scale, and date; |
3. | Boundaries of the property plotted to scale; |
4. | Existing watercourses, including any classified by the New York State Department of Environmental Conservation (NYSDEC) as designated water classes "AA" through "D" and their corresponding overlay boundary as required by § 57-27, Watercourse Management Overlay District; |
5. | |
6. | Grading and drainage plan, showing existing and proposed contours at an appropriate interval to be specified by the Planning Board; |
7. | All existing trees in the areas scheduled for development which have a caliper of eight inches or greater. Such trees and associated ground cover should attempt to be preserved and designed as part of the site plan whenever possible in lieu of removal or replacement with new plantings; |
8. | Location, design and construction materials of all parking and truck loading areas, with access and egress drives thereto; |
9. | Provision for pedestrian access; |
10. | Location of outdoor storage, if any; |
11. | Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; |
12. | Description of the method of sewage disposal and location, design and construction materials of such facilities; |
13. | Description of the method of securing public water and location, design and construction materials of such facilities; |
14. | Location of fire and other emergency zones, including the location of fire hydrants; |
15. | Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy; |
16. | Location, size and design and construction materials of all proposed signs; |
17. | Location and proposed development in all buffer areas, including indication of existing vegetative cover; |
18. | Location and design of outdoor lighting facilities; |
19. | Designation of the amount of building area proposed for retail sales and similar commercial activity; |
20. | General landscaping plan and planting schedule; |
21. | Other elements integral to the proposed development, as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution; and |
22. | Required fee. An application for preliminary site plan review and approval shall be accompanied by payment of a fee in accordance with the fee schedule established and annually reviewed by the Town Board. |
(2)
Consultant review. The Planning Board may consult with the Town Code Enforcement Official, Fire Commissioners, Commissioner of Public Works, other local and county officials, and its designated private consultants, in addition to representatives of federal and state agencies including, but not limited to, the Natural Resources Conservation Service, the State Department of Transportation, and the State Department of Environmental Conservation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
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 advertised in a newspaper of general circulation in the Town at least five days before the public hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Required referral. Prior to taking action on the preliminary site plan, the Planning Board shall refer the site plan, where applicable, to the County Bureau of Planning for advisory review and a report in accordance with § 239-m of the General Municipal Law.
E.
Planning Board action on preliminary site plan. Upon receipt of an application for preliminary site plan review the Planning Board shall act on it. The Planning Board's action shall be in the form of a written statement to the applicant stating whether the preliminary site plan is recommended for approval, disapproval or approval with modifications.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
The Planning Board's statement may include recommendations of desirable modifications to be incorporated in the final site plan, of which conformance with said modifications shall be considered a condition for a recommendation of approval. If the preliminary site plan is recommended for disapproval, 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.
F.
Procedure for final detailed site plan review. After receiving a recommendation for approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit final detailed site plan to the Planning Board for a recommendation of approval. If more than six months has 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.
(1)
The final detailed site plan shall conform substantially to the preliminary site plan originally recommended for approval. It should incorporate any modifications that may have been recommended by the Planning Board in its preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
(2)
The following additional information shall accompany an application for final detailed site plan review:
(3)
The Planning Board shall immediately notify the Town Board and the Code Enforcement Official of the submission to it of the application for final site plan review indicating the date of receipt thereof.
G.
Planning Board action of final detailed site plan. Application for final site plan review shall be made to the Planning Board. The Planning Board shall make its recommendations to the Town Board as to whether to approve or disapprove said site plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Upon recommending approval of the final site plan the Planning Board shall endorse its recommendation for approval on a copy of the final site plan and shall forward such copy to the Town Board.
(2)
Upon recommending disapproval of a final site plan, the Planning Board shall so inform the Town Board. The Planning Board shall also notify the applicant, in writing, of its decision and its reason for recommending disapproval.
H.
Action by Town Board. The Town Board shall advise the Code Enforcement Official, in writing, as to whether or not a building permit or certificate of occupancy or use may be issued to the applicant upon stamping of the final site plan by the Planning Board and satisfaction of all applicable codes, laws, rules, regulations, and payment by the applicant of all fees and reimbursable costs due to the Town.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
I.
Reimbursable costs. Costs incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant, as provided by the fee schedule established and annually reviewed by the Town Board. Such reimbursable costs shall be in addition to the fee required in Table IV-A herein.
J.
Performance guarantee.
(1)
As a condition to the approval of any site plan the applicant may be required to post a performance bond, or in lieu thereof sufficient monies, to insure the completion and the proper performance of the improvements with the Town Clerk. The Planning Board may recommend to the Town Board the amount of said performance bond or the monies to be posted with the Town Clerk. The Town Board shall thereafter determine the adequacy of the amount sufficient to cover the cost of the required improvements.
(2)
Such performance bond shall be issued by a bonding or surety company approved by the Town Board, or by the applicant with security acceptable to the Town Board.
(3)
Such a performance bond shall be approved by the Town Attorney as to form, sufficiency, surety and manner of execution.
(4)
Such performance bonds shall run for a term to be fixed by the Town Board, but in no case for a longer term than three years.
(5)
If the Town Board shall decide at any time during the term of the performance bond that certain improvements are no longer warranted, or that some improvements have been installed, or that additional improvements are necessary, the bond may be reduced or increased by an appropriate amount to cover the estimated cost of the incomplete improvements or the additional improvements required by the Board.
(6)
In the event that any improvements have not been installed as required by the Town Board within the term of such performance bond, the Town Board may thereupon declare such bond to be in default and collect the sum remaining payable thereunder; and upon receipt of the proceeds thereof, the Town shall install the improvements covered by such bond which are commensurate with the extent of the development of the subject site plan that has taken place, but not exceeding in cost the amount of such proceeds.
(7)
If the Town Board, or an appropriate Town officer appointed by it, shall find upon inspection that any of the required improvements have not been constructed in accordance with the site plan and conditions approved and specified by the Town Board, then the applicant and the bonding company (if any) shall be severally and jointly liable for the costs of completing said improvements as originally specified by the Town Board.
(8)
Such performance bonds shall be released to the applicant only upon certification to the Town Board that all required improvements have been satisfactorily completed.
K.
Inspection of improvements. The Planning Board's designated engineer, or as otherwise determined by the Planning Board, shall be responsible for the overall inspection of site improvements, including coordination with the Commissioner of Public Works and other officials and agencies, as appropriate.
L.
Integration of procedures. Whenever the particular circumstances of a proposed development require compliance with either the special use procedure in this chapter or the requirements of the Town land subdivision regulations, 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 compliance.
(1)
Waiver. Where because of unusual circumstances of shape, topography, or other physical features of the area or because of the nature of adjacent property, extraordinary hardship may result from strict compliance with these regulations, the Planning Board may waive certain requirements of these regulations in connection with the site plan review so that substantial justice may be done and the public interest secured; provided, however, that the Planning Board in its recommendations to the Town Board shall so advise the Town Board of said waiver or waivers.
M.
Expiration of site plan approval; extension of site plan approval. Unless other provisions are specifically set forth by the approving agency in connection with its approval of a site plan, if the application for a building permit for the development has not commenced within 24 months of the date of the issuance of site plan approval; or if a certificate of occupancy or certificate of compliance is not requested within 36 months from the date of approval, such approval shall expire unless an extension has been granted by the approving agency following a written request by the applicant. An application for an extension of site plan approval shall not be considered a new site plan application. In addition, site plan approval shall expire if the construction shall cease for more than 12 months (previously called "site plan sunset clause").
[Added 7-18-2012 by L.L. No. 2-2012; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 57-73 Exemptions from existing site plan review and approval procedures.
A.
Repairs and alterations within an existing footprint which does not change and/or impact any of the following as determined by the Code Enforcement Official:
(1)
The state code classification for occupancy use as defined by the New York State Uniform Fire Prevention and Building Code.
(2)
Classification of use as defined by this chapter.
(3)
Site features, as determined by the Town Code Enforcement Official, including but not limited to traffic flow and volume, parking requirements, site lighting and site safety, removal and/or reduction of site landscaping and green areas, etc.
B.
Alterations and repairs as intended above shall include, but not be limited to, work of the following type and nature:
(1)
Window and door replacements which do not require structural modifications of any type or nature.
(2)
Roof repairs and replacements.
(3)
Maintenance, repair, and replacement of exterior finishes and/or veneers, including siding, painting, new veneer, etc.
(4)
Minor renovation of buildings to install curtain walls, counters, cabinets, work stations, service or process equipment, etc., when such renovations do not require structural modifications of any type or nature.
(5)
Renovation and/or retrofit of building systems and utilities, including, but not limited to, lighting, replacement of heating and air-conditioning equipment, etc.
(6)
Repair or replacement of underground gasoline and petroleum tanks, except where such replacement also includes additional site modifications, including, but not limited to, relocation and/or replacement of dispensing pumps and islands, installation of canopies, changes in location of underground tanks, etc.
(7)
Other alterations and repairs not specifically listed above may be exempted upon the written approval of both the Code Enforcement Official and the Town Engineer.
C.
The Code Enforcement Official, at their discretion, may require the preparation of a site plan for any change in occupancy and/or use of any site where there are existing violation(s) and/or nonconformance to a previously approved site plan.
D.
The Code Enforcement Official, at their discretion, may require the preparation of a site plan for any change in occupancy and/or use on a site which does not have an approved site plan.
E.
Repairs and alterations within an existing shopping center which renovate or change the interior layout of the building(s) shall be prepared, signed and stamped by a licensed architect or engineer.
F.
Replacement of existing underground gasoline and petroleum tanks shall be prepared, signed, stamped and supervised by a licensed engineer.
§ 57-74 Review of applications for special use permit and appeals for variances.
[Amended 11-19-2017 by L.L. No. 2-2017]
The Planning Board shall review applications for special use permits and appeals for variances transmitted to it by the Board of Appeals and shall submit its advisory opinion to said Board of Appeals prior to the date of public hearing set for such applications and appeals. Upon failure to submit its advisory opinion within 45 days the Planning Board shall be deemed to have approved the application or appeal.
§ 57-75 Changes in streets, highways, and public areas.
§ 57-76 General reports.
The Planning Board shall have full power and authority to make such investigations, maps, and reports, and recommendations in connection therewith as relate to the planning, zoning, and development of the Town, provided the Planning Board shall not exceed the appropriation for its expenses.