A site plan shall be submitted to the Town Board or other board or officer authorized to approve site plans by resolution of the Town Board only when the land on which the proposal is situated is in the proper zoning district to allow the intended use(s). The appropriate board shall determine which of the following stages and/or data requirements are necessary and completely document its reason for its actions on these matters as part of the record on the application. In the event that the reviewing board is not the Planning Board, the reviewing board or officer shall refer the plans to the Planning Board for its review and recommendation, before final action is taken by the referring board.

Prior to issuing a building permit for the construction of a building on a parcel of land for any permitted use in any district, except one- or two-family dwellings and their customary accessory structures and farm-related structures, the owner, developer or agency or Building Inspector shall refer the site plans for such parcel of land to the Clerk of the Planning Board for its review and approval.

The Town of Gates recognizes the need to protect mature vegetation and existing buffer areas, and therefore requires landowners to obtain site plan approval prior to clearing land over 10,000 square feet in area. The Planning Board shall review the environmental impacts of the loss of this vegetation on the adjacent properties and infrastructure. In addition to the penalties outlined in § 190-213, violators will be responsible for reforesting cleared areas with mature trees to the satisfaction of the Planning Board.

The preapplication sketch shall include:

The Planning Board may, at this stage, suggest changes in the preapplication sketch involving street layout, traffic patterns, lot size or shape, preservation of natural features or other matters which, in its opinion, will improve the layout in keeping with the best interests of the Town.

The Planning Board shall be permitted a reasonable time to review the plan, but in no instance longer than 62 days, unless provided for elsewhere in this chapter.

The Planning Board shall notify the applicant in writing of its decision. A copy of the minutes of the meeting at which the decision was made shall suffice.

An area map showing that portion of the applicant's property under consideration, the applicant's entire adjacent holdings and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.

A tracing overlay showing existing contour intervals of not more than one foot of elevation, or as may be required by the Planning Board, including 100 feet of adjacent property.

A tracing overlay showing proposed finished contour intervals of not more than one foot of elevation, or as may be required by the Planning Board, and direction of drainage with arrows. Data required here may be placed on the same tracing as required in Subsection B above, provided that the proposed finished contours are illustrated by solid lines.

A preliminary site plan including the following information:

The Planning Board's review of a preliminary site plan shall include, but is not limited to, the following considerations:

In its review the Planning Board is encouraged to consult with the Town Engineer and other Town and county officials and boards, as well as with representatives of federal and state agencies, including the Soil and Water Conservation District, the United States Army Corps of Engineers or the New York State Department of Environmental Conservation. The Planning Board may require that exterior design of all structures be made by or under the direction of a registered architect, whose seal shall be affixed to the plans.

Within 62 days of the receipt of the application for preliminary site plan approval, the Planning Board shall act on it. If no decision is made within said sixty-two-day period, the preliminary site plan shall be considered approved. 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 conditionally approved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report. The Planning Board's statement may include recommendations as to desirable revision to be incorporated in the final site plan, of which conformance with shall be considered a condition of approval. If the preliminary site plan is disapproved, 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 of the preliminary site plan to the Planning Board after it has been revised or redesigned.

No modifications of existing stream channels, filling of lands with moderate to high susceptibility to flooding, grading or removal of vegetation in areas with a moderate to high susceptibility to erosion, or excavation for and construction of site improvements shall begin until the developer has received preliminary 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 or removal of unapproved site improvements.

After receiving conditional approval from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, 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.

The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It shall incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. In addition to that provided elsewhere in this chapter, the Planning Board may require a letter of credit, bond or maintenance bond for any facility or improvement that is indicated as part of the plan, such as parking areas and buffer and screen devices. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

Within 62 days of the receipt of the complete application for final site plan review, the Planning Board shall, when appropriate and required to do so by Town Board resolution, render a decision to the appropriate referring board, agency or official. If no decision is made within 62 days, the final site plan shall be considered approved.

Upon approving an application, the Planning Board shall endorse its approval on two copies of the final site plan and shall forward one copy, when necessary, to the referring board, agency or official authorized by the Town Board to render final decisions on such matters, who may then issue, when appropriate, one or more building permits to the applicant if the project conforms to all other applicable requirements, once application is made by the applicant. The second copy shall be filed with the Planning Board, when appropriate, and it shall be considered the approved plan with which all development on the respective site must conform.

The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after the decision is rendered, and a copy thereof mailed to the applicant.

Substantial construction, excluding the clearing and mass grading of the land, must begin within one year after the date of the final resolution of approval, or approval by the authorized official, provided final site plan approval has been filed with the Town Clerk; otherwise, an extension or reapproval must be obtained. The Town Board, under advisement from the Planning Board, may grant an extension or reapproval for up to three years.

All required maps and tracings, except the preapplication sketch, shall:

Any additional requirements requested by the Town of Gates Engineer shall be made known to the applicant at the time of the approval of the preapplication sketch, provided that all requirements shall be complied with before the Planning Board renders a final decision.