Geneva Town City Zoning Code
ARTICLE VIII
Site Plan Review
§ 165-73 Approval required for building permit.
[Amended 9-14-2021 by L.L. No. 4-2021]
No building permit for new or additional construction shall be issued for any site and no construction activity in the nature of site improvement shall be commenced on property located within the B General Business District; on property located within the I-1 Industrial District or the R-2 Residential District for a manufactured home park pursuant to § 165-34 of this Code, as amended; on any property located within any zoning district within the Town for a manure storage facility pursuant to § 165-35 of this Code, as amended; on any property located within any zoning district within the Town for an application for a special use permit pursuant to § 165-107 of this Code, as amended; or on any property located within any zoning district within the Town if the new or additional construction or construction activity in the nature of site improvement is intended to result in a commercial or industrial use without the prior written approval of the Planning Board pursuant to the procedures hereinafter set forth, and any additional rules and regulations relating thereto promulgated by the Planning Board, and approved by the Town Board and pursuant to the authority for such review that is contained in Town Law § 274-a, effective July 1, 1998, or as that law may be hereafter amended from time to time.
Notwithstanding the above, a building permit may be issued by the Code Enforcement Officer, or a designated representative of the Town of Geneva Building Department, without site plan review by the Planning Board, if the proposed project is an addition or accessory structure that is no more in size than 40% of the existing building, to a maximum of 5,000 square feet, and the proposed use of the new construction is the same as the existing use, or an allowed accessory use, and otherwise complies with applicable codes.
[Added 9-14-2021 by L.L. No. 4-2021]
§ 165-74 Site plan review for subdivisions.
Plats showing lots, blocks or sites which are subject to review pursuant to authority provided for the review of subdivisions under § 276 of the Town Law shall continue to be subject to such review and shall further be subject to review as site plans under this chapter.
§ 165-75 Application.
Application for the site plan approval shall be made by the owner(s) of the premises or by a person or firm, designated in writing by the owner(s) to make such application as agent or attorney at law, and any such designation by said owner(s) shall be deemed binding upon the owner(s) of the premises for all proceedings thereafter. All notices required to be served upon the applicant shall be deemed served upon the owner(s) if duly served upon the agent or attorney at law for the owner(s).
§ 165-76 Preapplication process.
Prior to submission of a site plan approval request, the owner(s), or the owner's(s') agent or attorney at law, shall meet with the Planning Board in a preapplication process, the purpose of which is to detail, in preliminary form, the proposed construction project, and so that all of the requirements of this procedure will be fully understood by all parties. The intent of such meeting is to enable the applicant to inform the Planning Board of the applicant's proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concept, advise the applicant as to the potential problems and concerns and to generally determine the information to be required on the site plan. At the preapplication conference, the applicant shall provide:
A statement outlining the project, together with a rough sketch, showing the locations and dimensions of principal and accessory structures, parking areas, access sign (with descriptions), existing and proposed vegetation and other planned features, anticipated changes in the existing topography and natural features, including all existing watercourses and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.[1] The sketch or map will clearly show the location of the site with respect to nearby streets, rights-of-way, properties, easements and other pertinent features.
A topographic or contour map of adequate scale and detail to show site topography with at least ten-foot intervals. The applicant shall submit an application for site plan approval within 60 days from the preliminary meeting, unless the date is extended by the Planning Board.
§ 165-77 Application form.
The application shall be in writing on a form provided by the Planning Board and shall be complete as to all items not specifically waived by the Planning Board.
The following information shall be required of the applicant in sufficient detail so as to adequately inform the Planning Board and members of the public concerning those items specified:
Property information:
The name and address of the applicant and, if the applicant is not the owner(s) of the property, an authorization signed by the owner(s) of the property designating the applicant as agent or attorney at law.
The name and address of the owner(s) of record if different from the applicant.
A statement setting forth the date upon which the owner(s) received title to the property, including a copy of the conveyance, if by deed, or, if by inheritance or other form of transfer, a statement setting forth that fact and any pertinent details relating thereto, including a copy of the document of transfer, if available.
The name and address of the person or firm preparing the plan and the map, including the professional qualifications of those individuals or firms.
A statement setting forth the terms of any sale agreement of the property and who will be the purchaser thereof, including therewith a copy of any sale agreement.
A statement setting forth the current zoning classification of the property, including the exact zoning boundary, if the parcel is located in more than one district.
A survey map setting forth the property boundary lines plotted to scale showing distances, angles and areas, including thereon a north arrow and a scale and date of preparation. The survey map shall show all existing structures and natural features that may affect or be affected by the construction project and shall show the location of all planned structures and feature changes. Particular attention shall be made to all current watercourses.
The names and addresses of all adjoining property owners, including municipal property owners, such as municipal or state property owners, if located on public highways.
The locations, width and purpose of all existing easements, setbacks, reservations and areas dedicated to the public use and adjoining property.
A legal description of the property as conveyed to the current owners, including any and all deed restrictions or covenants applying to the property currently or intended to be applied to the property upon subsequent conveyance if the site plan is approved.
A statement setting forth all regulatory permits that will be required and the time within which said permits must be obtained, including copies of all applications if already submitted or statements setting forth that copies will be provided upon submission to the appropriate state, county or other authority.
A statement setting forth whether or not the proposed project meets all current zoning and building regulations of the Town of Geneva and, if not, what variances must be applied for and the current status of such application.
Environmental information:
Completed and signed Part 1 of the Short Environmental Assessment Form (SEAF) or Full Environmental Assessment Form (FEAF) as required by 6 NYCRR Part 617, as amended from time to time.
Any reports of studies of the site and its ecological attributes, or any additional information (e.g., traffic studies) related to the proposed development.
A list of all local, state and federal agencies with permitting authority over one or more aspects of the proposed action.
Existing site conditions:
Geologic features, such as depth to bedrock and the location of outcrops and any other geological features which would have an effect upon the construction of the project.
Topographic features, including a map showing existing contour intervals of no more than five feet, or two-foot contour intervals if required by the Planning Board based upon assessment that the topography is relatively flat.
Vegetative cover, including existing wooded areas, significant isolated trees and similar features and a statement setting forth the impact on existing vegetative cover.
Soil characteristics, such as load-bearing capacity and drainage capacity.
Hydrologic features, including an engineer's statement as to drainage and runoff patterns, flood hazard areas, wetlands and depth to ground water.
Location and width of roads and paths adjacent to the site and within the site itself, including private roads and driveways, if any.
Location, size and flow direction of sewer and water supply lines and culverts. Major electric, gas and telephone lines and appurtenances should also be shown.
Location of other existing development and uses, including structures, parking and loading areas, fences, trees and landscaping.
Proposed development:
A statement setting forth the relationship of the project to adjacent and nearby land uses, both public and private.
A statement setting forth the relationship of the proposed project to the existing traffic pattern and its impact, if any, on existing traffic patterns.
A statement setting forth the visual compatibility of the project with surroundings and, if required by the Planning Board in the preliminary conference, an artist's rendering of the project on the site or, in the alternative, a photograph showing the project transposed on the site or a computerized rendering of the project on the site.
A statement setting forth the maximum water usage and sewage usage of the project as certified to by a licensed professional engineer.
A grading and drainage plan showing proposed topography at appropriate contour intervals. This information can be combined with a map of existing topography if it can be clearly depicted.
Location, proposed use and height of buildings, building facades and other structures, such as retaining walls, fences, outdoor storage tanks, air-conditioning units and waste disposal units at a level of detail to accurately illustrate the character of proposed buildings and other structures.
Location, proposed use, design and construction materials of improvements not requiring structures, such as parking, loading and outdoor storage areas.
Location and arrangement of site access and egress, including all paths for pedestrian and vehicular travel within the site. Information should include profiles and cross sections of roadways and sidewalks showing grades, widths and location and size of utility lines.
Location and size of water and sewer lines and appurtenances. Any means of water supply or sewage disposal other than extensions of existing systems should be described, including location, design and construction materials.
Location, design and construction materials of all energy distribution facilities, including electric, gas and solar energy.
Location, size and design of all outdoor lighting facilities and public address systems.
Location, size, design and construction materials of all outdoor signs.
Landscaping plan and planting schedule, including the treatment of buffer areas and the location and types of trees to be planted, including the introduction of chemicals to the site for purposes of pest control, foliage control or fertilization.
Estimated project construction schedule with possible phasing plan for large projects.
Additional specifications for materials.
An itemization of the cost of construction of the project with at least three phases and a cost estimate for each phase.
§ 165-78 Review fees.
Upon making an application for the site plan approval, the applicant shall pay a fee set from time to time by resolution of the Town Board.
§ 165-79 Review standards.
Upon submission of the application, the Planning Board shall review the site plan for the following purposes, as appropriate, but it shall not be limited to the following and may consider any reasonable and appropriate impact the construction on the site will have affecting the health, safety and general public welfare of the people of the Town of Geneva:
Conformance with all relevant zoning regulations and design standards articulated elsewhere in this chapter, and in other relevant chapters of the Town Code.
Location and adequacy of all parking and loading facilities, site traffic circulation and ingress and egress from the site.
Location, adequacy and compliance with standards elsewhere in the Zoning Code of any required screening, both within the site and along the boundaries of the site.
Location, size and conformance with standards set forth in Article VII and elsewhere in the Zoning Code for all proposed signs.
Location, size and conformance with standards set forth in Article IV and elsewhere in the Zoning Code of all proposed landscaping.
Location, size and character of all proposed buildings and other structures, and their compatibility with the surrounding area.
Location, arrangement, size, design and general site compatibility of proposed lighting and signs.
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience care.
Adequacy of stormwater and drainage facilities.
Adequacy of water supply and sewage disposal facilities.
Adequacy of 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.
Adequacy of fire lanes and other emergency zones and the provision for fire hydrants and adequacy of water supply.
Adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and erosion during and after construction.
§ 165-80 Request for waiver.
In the event that there is a request for waiver of any specific item, a separate form shall be attached detailing the reason why a waiver is requested.
§ 165-81 Review of application; public hearing; decision.
The site plan, together with the application form, must be presented to the Code Enforcement Officer at least 30 days prior to a scheduled Planning Board meeting to be considered at that meeting. The Planning Board shall give 10 days' written notice by mail to the applicant of the hearing and shall give public notice of said hearing in a newspaper of general circulation in the Town at least five days prior to the date of the hearing. Notice shall also be given to the metropolitan, regional or county planning agency at least 10 days before the hearing by mail as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration as defined in Subdivision 1 of § 239-m of the General Municipal Law.
The Planning Board shall then hold a public hearing on the date specified in said notices. Within 62 days after the public hearing, the Planning Board shall approve, approve with conditions or disapprove the application, unless a time for making a decision has been mutually agreed to by the Planning Board and the applicant. Within five days after the written decision of the Planning Board is made, it shall be filed in the office of the Town Clerk, and a copy shall be mailed to the applicant.
Site plan approval expiration.
Site plan approvals granted after this subsection becomes effective.
Where a site plan approval is granted with conditions, it shall expire six months from the date of the decision granting conditional approval unless all conditions therein are satisfied. The applicant may make a written request to the Planning Board for an extension of this requirement. This period may be extended by the Planning Board for up to two ninety-day periods at the discretion of the Planning Board.
The applicant shall obtain a site plan permit for any project with site plan approval within six months from the date of the decision granting approval, whether approval is conditional or otherwise. If a site plan permit is not issued within such six-month period, the site plan approval shall expire. The applicant may make a written request to the Planning Board for an extension of this requirement. This period may be extended by the Planning Board for up to two ninety-day periods at the discretion of the Planning Board.
Upon expiration of site plan approval, the site plan approval will become null and void, and the applicant will be required to submit a new, complete site plan application. In the event that a building permit, site plan permit, or both were issued in a timely manner and the site plan approval has not otherwise expired, but then such building permit or site plan permit expires or is canceled, then the site plan approval shall expire on that same date of cancellation or upon the passage of six months from the date of the decision granting approval, plus any extension period granted by the Planning Board, whichever is later.
Site plan approvals granted prior to this Subsection C becoming effective.
Site plan permit issuance. The applicant shall obtain a site plan permit for any project that had been granted site plan approval prior to this Subsection C becoming effective, whether approval is conditional or otherwise. If a site plan permit is not issued within three years from the date this Subsection C becomes effective, the site plan approval shall expire.
Expiration. Upon expiration of site plan approval, the site plan approval will become null and void, and the applicant will be required to submit a new, complete site plan application. In the event that a building permit, site plan permit or both were issued in a timely manner and the site plan approval has not otherwise expired, but then such building permit or site plan permit expires or is canceled, then the site plan approval shall expire on that same date of cancellation or upon the passage of three years from the date this Subsection C becomes effective, whichever is later.
§ 165-82 Reimbursable costs.
Whenever the Code Enforcement Officer, any other officer of the Town of Geneva or any board of the Town of Geneva shall determine that site plan review shall be required to be complied with and/or enforced, the costs incurred by said officer, by the Town of Geneva Planning Board or by any officer of the Town of Geneva on behalf of the Town for consultation fees with engineers, attorneys or other professionals or costs incurred in enforcing or complying with this Code, including but not limited to the costs of meeting the requirements of Article 6 of the Environmental Conservation Law (SEQRA), shall be reimbursed by the real property owner before a building permit, certificate of occupancy or other permit may be issued. If the real property owner fails to fully reimburse such costs, then said reimbursement costs levied pursuant to this chapter shall constitute a lien and charge on the real property that was the subject of review until paid or otherwise satisfied or discharged; and, if the same are not paid within 30 days after they shall be deemed payable, they shall be collected and enforced in the same manner and at the same time as other Town taxes and charges are permitted to be collected.
§ 165-83 Performance bond.
If, in the opinion of the Planning Board, a performance bond is required to guarantee the duly authorized completion of the project, the applicant will post a performance bond with the Town Clerk in an amount set by the Planning Board based upon the reasonable expected cost of completion, and no building permit shall be issued until such bond is posted, and no certificate of occupancy shall be issued, until all requirements of construction are fully met and the bonding company is duly discharged.
§ 165-84 Site plan permits.
Site plan permits required. A site plan permit shall be required for any work included in a final site plan approved by the Planning Board. No person shall commence any work for which a site plan permit is required without first having obtained a site plan permit from the Code Enforcement Officer.
Applications for site plan permits. Applications for a site plan permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or by an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with the final site plan approved by the Town Planning Board. The application shall include, but not be limited to, the following information and documentation:
A description and timeline of the proposed work:
The Tax Map number where the work is to be performed;
The zoning district classification;
Issuance of site plan permits. An application for a site plan permit shall be examined to ascertain whether the proposed work is in compliance with the final site plan approved by the Town Planning Board. The Code Enforcement Officer shall issue a site plan permit if the application has been submitted in compliance with this section, any fee for issuance of the site plan permit has been paid and the proposed work is in compliance with the final site plan approved by the Town Planning Board.
Site plan permits to be displayed. Site plan permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
Work to be performed in accordance with the project description and timeline. All work shall be performed in accordance with the final site plan approved by the Town Planning Board and with the site plan permit. The site plan permit shall contain such a directive. The permit holder shall immediately notify the Code Enforcement Officer of any desired change during the course of work. Any desired change to the final, approved site plan shall require the owner of the subject property:
To make application to and obtain the approval from the Town Planning Board for a new or amended site plan; and
To make application to and obtain a new or amended site plan permit from the Code Enforcement Officer, incorporating any approval by the Town Planning Board of such new or amended site plan, prior to the site plan permit holder making such desired change. The site plan permit shall contain such a directive. The Code Enforcement Officer shall be responsible for the overall inspections, including coordination with the Planning Board and other officials and agencies as appropriate.
Site plan permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Site plan permits shall expire 12 months after the date of issuance. A site plan permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
If the Code Enforcement Officer determines that a site plan permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which the site plan permit was issued violates the final site plan approved by the Town Planning Board, the Code Enforcement Officer shall revoke the site plan permit or suspend the site plan permit until such time as the permit holder demonstrates that all work then completed is in compliance with all provisions and conditions of the final site plan approved by the Town Planning Board, and all work then proposed to be performed shall be in compliance with all provisions and conditions of the final site plan approved by the Town Planning Board.
The fee determined by resolution of the Town Board for the issuance of a site plan permit must be paid at the time of submission of an application for a site plan permit, for an amended site plan permit or for renewal of a site plan permit.
§ 165-85 Penalties for offenses.
[Amended 5-26-2022 by L.L. No. 4-2022]
The failure to comply with the requirements of this article or the conditions of site plan approval imposed by the Town Planning Board shall be considered a violation of Town Law for each day that the property owner or owners remain in noncompliance and shall be punishable, upon conviction, as provided in Chapter 1, General Provisions, Article III.
§ 165-86 Integration of procedures.
Whenever the particular circumstances of proposed development require compliance with either the special use procedure in Chapter 165, Zoning, of this Town or other requirements, such as application for variances, 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.