Esopus City Zoning Code
ARTICLE IX
Planning Board
§ 123-45 Powers and duties.
A.
In addition to those other powers and duties assigned to it by law, the Planning Board is hereby empowered to perform the following functions:
(1)
Issue special use permits for those uses requiring such approval in accordance with § 123-10, and the standards and procedures set forth in this chapter, as authorized by § 274-b of the Town Law, as amended.
(2)
Review and approve, approve with modifications, or disapprove site plans for those uses requiring such approval in accordance with § 123-10, and the standards and procedures set forth in this chapter, as authorized by § 274-a of the Town Law, as amended.
(3)
Review and submit advisory opinions concerning applications for variances and amendments to this chapter, as required by this chapter, as authorized by § 271-14 of the Town Law, as amended.
B.
All resolutions or official actions of the Planning Board shall require the concurring vote of a majority of the entire Board.
§ 123-46 Special use permits.
Pursuant to an application, either directly or through the Zoning Enforcement Officer/Building Inspector, the Planning Board is hereby authorized to issue a special permit only for a use specifically listed as requiring such permit in the district in which it is proposed, subject to the following regulations and procedures:
A.
Application. Each application for a special use permit shall be submitted in the number of copies and form prescribed by the Board, accompanied by a fee in accord with a schedule adopted by the Town Board and shall include the following data:
(1)
Site plan. Each application for special use permit shall be accompanied by a site plan and shall also constitute simultaneous application for site plan approval, in accord with § 123-47. The site plan must show those elements listed in § 123-47D which are relevant to the proposal and which would not cause an unusual hardship for the applicant to obtain, as determined by the Planning Board in the presubmission conference.
(2)
Supporting documents.
(a)
A project narrative report that describes or outlines the existing conditions of the site and the proposed development shall be submitted to supplement the sketch plan and location map. This information should include existing data on land characteristics, available community facilities and utilities and data as to the number of dwelling units, amount of commercial floor area, number of employees, drainage and traffic assessments, protective covenants, easements and proposed utilities and improvements.
(b)
The applicant shall also file a short environmental assessment form (short EAF) with the sketch plan, unless the Planning Board requests that a full environmental assessment form be submitted.
B.
Procedure.
(1)
Presubmission conference. Prior to submission of an application for a proposed conditionally permitted use, the applicant or authorized representative shall meet in person with the Planning Board. The purpose of such conference shall be to discuss the proposed use or development in order to determine the scope and type of data, in the form of site plans and reports, to be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter.
(2)
Submission of application. Within six months following the presubmission conference, the special use permit application and related information, including, but not limited to, site plans, environmental assessment and impacts statements and technical studies, shall be submitted to the Zoning Enforcement Officer/Building Inspector, in triplicate, at least 15 days prior to the Planning Board meeting at which approval is requested. If an application is not submitted within the six-month period, another presubmission conference may be required.
(3)
Public hearing. The Planning Board shall schedule a public hearing to be held within 62 days of receipt of a complete application for a special use permit.
(4)
Hearing notice. Notice of the public hearing shall be published once in the official newspaper of the Town, at least five days prior to the date of such hearing. In addition, the Planning Board shall cause a notice of such hearing and an explanation of the proposal to be mailed to the owners of all property adjacent to or directly across any street or right-of-way from the subject property. Such notice shall be sent to the owner's last-known address as shown on the most recent Town tax assessment records and mailed at least five days prior to such hearing.
(5)
Referral to County Planning Board. Any application for a special use permit involving real property lying within 500 feet of any of the features listed under § 123-51 shall be referred to the Ulster County Planning Board prior to final action in accord with §§ 239-l and 239-m of the General Municipal Law. The Planning Board shall not make a decision until it has received comment from the Ulster County Planning Board or until 30 days have elapsed.
C.
Decision and findings.
(1)
Criteria for decisions. The Planning Board shall only approve the issuance of a special use permit if it finds that the following criteria have been met:
(b)
That all proposed structures, equipment or material shall be readily accessible for fire and police protection and shall be adequately served by sewage disposal and water supply facilities and recreation facilities.
(c)
That the proposed use is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(d)
That important natural features and sensitive environmental resources are protected to the maximum extent feasible and have been adequately addressed in accord with the State Environmental Quality Review (SEQR) Act.
(e)
That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:
[1]
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous inconvenient or incongruous with said residential district or conflict with the normal traffic of the neighborhood.
[2]
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of screening and landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or diminish the value thereof.
(f)
That all proposed means of stormwater management, erosion and sediment control and site disturbance have been taken, and that the applicant's plan for same has been designed in accordance with the provisions of Chapter 106, Stormwater Management and Erosion and Sediment Control, of this Code and with the approval of the Town's Stormwater Management Officer. If an SWPPP is not required, the subdivision plan will include global positioning system (GPS) reference data for stormwater outfalls and permanent structures built in accordance with the New York State Stormwater Management Design Manual.
(2)
Findings and conclusions.
(a)
Within 62 days after the public hearing, unless the time has been extended by mutual consent of the applicant and the Planning Board, the Planning Board shall review its decision as to whether to issue the special use permit and shall make a written report setting forth its findings and conclusions and the basis for its decision.
(b)
The decision of the Board shall be filed with the Town Clerk within five days and a copy thereof mailed to the applicant.
(3)
Time limit on validity of approval.
(a)
For special use permits that involve construction and/or demolition of buildings or structures, or renovations requiring a building permit, the applicant must secure, within one year of the approval of the special use permit by the Planning Board, a building permit. If the applicant fails to secure a building permit within this time period, the special use permit approval shall become null and void, and the applicant must seek approval of a new special use permit from the Planning Board.
(b)
For approved uses not requiring construction, demolition of a building or structure, or renovations requiring a building permit, time limits relating to completion of site improvements, including but not limited to landscaping, screening, drainage, utilities and access improvements, shall be established as part of the approval of a site plan (see § 123-47E) that is included within the approval of a special use permit [see § 123-46A(1)], subject to conditions as provided for in § 123-46D.
D.
Additional conditions.
(1)
When issuing a special use permit, the Planning Board may attach such conditions and safeguards as it deems necessary to further the intent of these regulations and to protect the public interest.
(2)
Any use for which a special use permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.
§ 123-47 Site plan approval.
In all cases where this chapter requires site plan approval by the Planning Board, no building permit shall be issued by the Zoning Enforcement Officer/Building Inspector except upon authorization of and in conformity with the plans approved by the Planning Board.
A.
Applicability.
(1)
No building permit shall be issued for any structure requiring site plan approval until an approved site plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Zoning Enforcement Officer/Building Inspector.
(2)
No certificate of occupancy will be issued for any structure or use of land requiring site plan approval unless the structure is completed or the land is developed or used in accordance with an approved site plan or approved amendment of any such plan.
(3)
No land disturbance, including but not limited to clearing, grading, or tree removal, may be undertaken in association with a structure/use of land requiring site plan approval unless the required site plan approval has been issued.
(4)
Any land disturbance associated with on-site surveys/evaluations necessary for the purposes of obtaining site plan application information shall result in the least amount of disturbance necessary to safely access the site and obtain the necessary information.
(5)
Prior to final action, the Planning Board shall refer any matters involving any of the areas or features specified in § 123-51 to the Ulster County Planning Board in accordance with § 239-m of the General Municipal Law.
(6)
Site plan approval shall not be required for a change of tenant or from one permitted use to another permitted use in the applicable district, provided all of the following conditions are met:
(a)
The existing use/property received site plan approval;
(b)
The existing use/property are in compliance with all pervious approvals issued in accordance with this chapter;
(c)
There are no exterior additions, demolitions, or site changes to the existing facilities on the subject property, with the exception of a new sign, routine exterior maintenance and improvements and landscaping; and
(7)
Where site plan approval is not required pursuant to § 123-47A(6) above, the Zoning Enforcement Officer/Building Inspector shall have the authority to issue a certificate of occupancy pursuant to the requirements of § 123-30. The Zoning Enforcement Officer/Building Inspector reserves the right to refer the applicant to the Planning Board to address one or more site issues.
B.
Objectives. In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, along with low-impact and energy efficient siting, design and construction approaches, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular.
(1)
That proposed traffic accesses and ways are adequate but not excessive in number, adequate in width, grade, alignment and visibility, not located too near street corners or other places of public assembly and conform to similar safety considerations.
(2)
That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(3)
That all parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood.
(4)
That all existing trees, wooded areas, watercourses and other natural features shall be retained to the maximum extent possible consistent with the development plan. Especially important is the creation of a visual and/or noise deterring buffers between the applicant's and adjoining lands, utilizing the maximum retention of existing vegetation where feasible.
(5)
That project will provide for safe pedestrian access and circulation, with appropriate sidewalks, walkways, or trails connecting to adjacent or nearby uses, were applicable.
(6)
Where applicable, connections between natural habitat areas on adjoining properties shall be preserved.
(7)
That all outdoor lighting is of such nature and so arranged as to conserve energy and preclude the diffusion of glare onto adjoining properties and streets.
(8)
Compatibility of building design with existing characteristics of the neighborhood, including consideration of nearby historic or architecturally significant properties.
(9)
That all drainage systems and the internal water and sewer systems are adequate and that all connections to Town systems are in accordance with Town standards.
(10)
That the site plan and building design accommodate the needs of the handicapped and are in conformance with state standards for construction concerning the handicapped.
(11)
That the project takes into consideration the need to protect adjacent neighboring properties against noise, unsightliness or other objectionable features and complies with Chapter 96, Property Maintenance, of the Town of Esopus.
(12)
That the project incorporates energy conservation measures where feasible, including but not limited to sustainable and recycled building materials, green infrastructure/low-impact design, including stormwater designs, use of LED lighting, and ENERGY STAR®or better-rated appliances.
(13)
That the site plan and building design consider the conservation of energy, and where applicable, building orientation and layout should take into consideration natural light and wind patterns for natural heating, cooling and lighting and for potential future alternative energy production on site.
C.
Procedure.
(1)
Presubmission conference. Prior to the submission of a site development plan, the applicant or authorized representative shall meet in person with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements listed in § 123-47D shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter.
(2)
Within six months following the presubmission conference, the site development plan and any related information shall be submitted to the Zoning Enforcement Officer/Building Inspector, in triplicate, at least 15 days prior to the Planning Board meeting at which approval is requested. If a site plan is not submitted within the six-month period, another presubmission conference may be required.
(3)
All site development plans shall be referred to applicable fire departments and to the Town of Esopus Volunteer Ambulance Service (TEVAS) for their review and input as applicable.
(4)
The Zoning Enforcement Officer/Building Inspector shall certify on each site development plan or amendment whether or not the plan meets the requirements of all chapter provisions, other than those of this section, regarding site development plan approval.
(5)
The Zoning Enforcement Officer/Building Inspector shall retain one copy and transmit two copies of the certified site development plan to the Secretary of the Planning Board at least seven days prior to the Planning Board meeting at which approval is requested.
(6)
The Planning Board may hold a public hearing on the site plan if it determines that the matter is of wide public interest. If such a hearing is held, the provisions relating to public notice as required in § 123-46B(3) and (4) for a special use permit shall be followed.
(7)
The Planning Board shall act to approve or disapprove any such site development plan within 62 days after the public hearing or, if no hearing is held, within 62 days of the official submission date, unless the time has been extended by mutual consent of the applicant and the Planning Board. Failure to act within 62 days shall be deemed approval. Conditional approval or disapproval by the Planning Board shall include written findings upon any site development plan element found contrary to the provisions or intent of this chapter. In reviewing the application, the Planning Board may secure the advice or assistance of one or more expert consultants qualified to advise as to whether a proposed use will conform to the requirements of this chapter.
(8)
Amendments to a site development plan shall be acted upon in the same manner as the approval of the original site plan.
(9)
The Planning Board may require the posting of such performance guaranties as it deems necessary as a condition of site plan approval to ensure that site improvements, such as roadways, parking areas, drainage facilities, utility systems and landscaping, are satisfactorily completed in accord with approved plans.
D.
Site development plan elements. The applicant shall cause a site development plan map to be prepared by a civil engineer, surveyor, land planner, architect. Site development plan elements shall include those listed below which are appropriate to the proposed development or use, as determined by the Planning Board in the presubmission conference.
(1)
Legal data.
(a)
Lot, block and section number of the property, taken from the latest tax records.
(b)
The name and address of the owner of record.
(c)
Name and address of the person, firm or organization preparing the map.
(d)
Date, North point and written graphic scale.
(e)
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(f)
The locations, names and existing widths of adjacent streets and curblines.
(g)
The locations and owners of all adjoining lands as shown on the latest tax records.
(h)
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
(i)
A complete outline of existing deed restrictions or covenants applying to the property.
(j)
Existing zoning.
(2)
Natural features.
(a)
Existing contours with intervals of five feet or less, based on a reference system satisfactory to the Board.
(b)
Approximate boundaries of any areas subject to flooding or stormwater overflows.
(c)
Location of existing watercourses, marshes, protected state and federal wetlands, wooded areas, orchards and vineyards, rock outcrops and other significant existing features.
(3)
Existing structures and utilities.
(a)
Location of uses and outline of structures drawn to scale on and within 100 feet of the lot line.
(b)
Paved areas, sidewalks and vehicular accesses between site and public streets.
(c)
Locations, dimensions, grades and flow direction of existing sewers, culverts and waterlines, as well as other underground and aboveground utilities within and adjacent to the property.
(4)
Proposed development.
(a)
The location of proposed buildings or structural improvements.
(b)
The location and design of all uses not requiring structures, such as off-street parking and loading areas.
(c)
The location, direction, power and time of use for any proposed outdoor lighting or public address systems. The Planning Board reserves the right to require a lighting plan pursuant to § 123-16.1, Outdoor lighting standards.
(d)
The location and plans for any outdoor signs.
(e)
The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading; and cross sections showing width of roadway, location and width of sidewalks and location and size of water and sewer lines.
(f)
Any proposed grading, screening and other landscaping, including types and locations of proposed street trees.
(g)
The location of all proposed water lines, valves and hydrants and all sewer lines or alternate means of water supply and sewage disposal and treatment.
(h)
An outline of any proposed deed restrictions or covenants.
(i)
Elevation drawings, photographs, simulations and/or other renderings, of existing and proposed buildings, signs, landscaping and other structures and improvements.
(j)
Any contemplated public improvements on or adjoining the property.
(k)
If the site development plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(l)
A written summary outlining proposed best management practices, green infrastructure/low-impact development (LID) features, and energy efficiency features utilized on-site.
E.
Time limit on validity of approval. Approval of a site plan by the Planning Board shall be valid for a period of one year from the date thereof for the purpose of obtaining a building permit. Failure to secure a building permit for at least the first stage of development during this period shall cause the site plan to become null and void. Upon application, the Planning Board may extend the time limit on the validity of the approval to not more than two years from the date of original approval.
§ 123-48 Advisory opinions.
A.
The Planning Board shall review all applications for variances submitted to the Board of Appeals and all proposed amendments to the text or map of this chapter being considered by the Town Board referred to it in accord with the provisions of this chapter.
B.
Variances. At least 10 days prior to the date of the public hearing required by law for a variance application, the Secretary of the Board of Appeals shall transmit to the Secretary of the Planning Board a copy of said application, together with a copy of the notice of the aforementioned hearing. If the Planning Board has not submitted their final report within 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Board of Appeals, the Board of Appeals may proceed to final action.