Glenville Town City Zoning Code
ARTICLE XVI
Site Plan Review
§ 270-103 Empowerment of Planning and Zoning Commission.
The Planning and Zoning Commission is hereby empowered to review, approve, approve with modifications, or disapprove all site plan applications made pursuant to this article.
§ 270-104 Purpose.
These site plan review procedures have been implemented so that the Planning and Zoning Commission has oversight over a variety of development activities, primarily commercial, industrial, and multifamily. In this capacity, the Planning and Zoning Commission will review, approve, modify or, if appropriate, disapprove development plans based on whether the proposed development conforms with the requirements and intent of this chapter, and whether the project advances the goals and recommendations of the Town of Glenville Comprehensive Plan.
§ 270-105 When required.
The types of uses requiring site plan review are identified in Article V of this chapter. Site plan review uses vary with the zoning district. What may require site plan review in one zoning district may not in another district.
§ 270-106 Materials to be submitted.
[Amended 10-1-2014 by L.L. No. 7-2014]
In order to be placed on the agenda of the Planning and Zoning Commission, or on the agenda of the Glenville Environmental Conservation Commission (GECC) in the case of Type I SEQR actions, the applicant must submit a complete application, which is to consist of the following:
A.
A completed site plan application form. The requisite number of copies is prescribed in the site plan review application packet provided to applicants.
B.
Part 1 of the full environmental assessment form (FEAF), with all questions to be answered. The requisite number of copies is prescribed in the site plan review application packet provided to applicants.
C.
The appropriate site plan review application fee and SEQRA (State Environmental Quality Review Act) fee, as prescribed in the Consolidated Fee Schedule of the Town of Glenville and in the site plan review application packet provided to applicants.
D.
A site plan or map and all supporting documentation. The requisite number of copies is prescribed in the site plan review application packet provided to applicants. The site plan shall include the following information:
(1)
A legible site plan or map illustrated on reproducible material drawn to a scale of no smaller than 50 feet to one inch.
(2)
A topographic map with five-foot contour intervals. If the site is so flat as to render the five-foot contour interval meaningless, spot elevations shall be placed on the map to give the reviewer a general idea of slope.
(3)
Name and signature of the professional engineer, land surveyor, and/or architect who prepared the plan/map.
(4)
If construction details are provided, certification of same by a licensed professional engineer and/or architect.
(5)
Location map showing approximate location of the site in relationship to adjacent roads, intersections, and landmarks. Preferably the location map will be illustrated as an inset on the site plan.
(6)
Title of drawing, name, and address of applicant.
(7)
North arrow, scale, and date showing when the plan/map was prepared and/or revised.
(8)
Ownership and zoning of all abutting properties, and of properties directly across the street or road.
(9)
If revisions are made, a table is to be included showing the date of the original map and all revisions, and a description detailing the nature of the map amendments.
(10)
Boundaries of the property, plotted to scale.
(11)
Existing watercourses and direction of flow within the watercourses.
(12)
Location, names, and widths of existing and proposed streets.
(13)
Typical cross sections and details of street pavements, including curbs, sidewalks, manholes, catch basins, and trench details.
(14)
Profiles of proposed streets and parking areas.
(15)
Location of existing and proposed storm, sanitary, and water mains.
(16)
Location, dimensions, and description of existing and/or proposed septic system.
(17)
Final grading plan, including plans for controlling erosion, siltation, and off-site stormwater movement.
(18)
Proposed use and dimensions of all existing and proposed buildings.
(19)
Parking and loading areas (existing and proposed).
(20)
Driveways and their dimensions (existing and proposed).
(21)
Location of regulated wetlands, and the one-hundred-foot buffer area if the wetland is state-regulated (if present on the site).
(22)
Location of floodplains, showing the boundary of the one-hundred-year floodplain (if present on the site).
(23)
Location of all outdoor storage (existing and proposed).
(24)
Existing and/or proposed site improvements as follows:
(a)
Sidewalks, bike paths, and bike racks.
(b)
Drains.
(c)
Culverts.
(d)
Fences.
(e)
Retaining walls.
(f)
Size, location, and details on all signs.
(g)
Buffer areas.
(h)
Design and location of outdoor lighting.
(i)
Utilities or utility easements.
(j)
Bus stops.
(25)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with Local Law No. 4 of 2007[1] shall be required for site plan approval. The SWPPP shall meet the performance, design criteria and standards set forth in Local Law No. 4 of 2007. The approved site plan shall be consistent with the provisions of Local Law No. 4 of 2007.
[Added 6-20-2007 by L.L. No. 4-2007]
[1]
Editor's Note: See Ch. 270, Zoning, Art. XI, Stormwater Management and Erosion Control.
E.
A landscaping plan as required by Article XIX of this chapter. The landscaping plan may be included on the site plan only if the combination does not result in decreased legibility.
§ 270-107 Review factors.
The Planning and Zoning Commission shall be guided by the following factors when reviewing a site plan review application:
A.
Conformance with other applicable provisions of this chapter, including, but not limited to, landscaping requirements, building design, off-street parking requirements, building setbacks, fence requirements, sign regulations, stormwater management and erosion control requirements, etc.
B.
The adequacy and arrangement of vehicular access and circulation, including intersections, road widths, curbing, and traffic controls. Consideration will also be given to the project's traffic elements and how they relate to adjacent uses.
C.
The adequacy and arrangement of pedestrian and bicycle access and circulation, including separation of pedestrian traffic from automobile traffic, the placement and usefulness of on-site sidewalks and walkways, the accommodation for pedestrians at adjacent street intersections, and overall pedestrian and bicyclist safety and convenience.
D.
The location, arrangement, and setting of off-street parking and loading areas.
E.
The placement, arrangement, size, and design of buildings, lighting, and signs.
F.
The adequacy, type, and arrangement of trees, shrubs, and other landscaping elements, as they relate to visual and noise buffering of adjacent sites and the reduction of visual impacts from the street.
G.
The adequacy of provisions for the collection and/or disposal of stormwater, sanitary waste, and garbage.
H.
Accommodation on site for snow plowing and snow storage.
I.
The adequacy and durability of structures, roadways, utilities, and landscaping in areas with moderate to high susceptibility to flooding, ponding, and/or erosion.
J.
Retention of existing trees and vegetation for aesthetic reasons, and to minimize soil erosion and siltation.
K.
Protection of adjacent properties against noise, glare, light pollution, odors, litter, unsightliness, or other objectionable features.
L.
The adequacy and usability of open space for both buffering and recreation.
§ 270-108 Review procedures.
All site plan review applications are subject to the following procedures:
A.
Staff review. Staff of the Town Economic Development and Planning Department conducts an administrative-level review of the application to determine if the application is complete. If the application is complete, it will be placed on the agenda of the next meeting of the Planning and Zoning Commission (PZC), or in the case of an application that constitutes a Type I SEQR action, on the agenda of the next meeting of the Glenville Environmental Conservation Commission (GECC). If the application is not complete, the Economic Development and Planning Department will notify the applicant of the deficiencies associated with the application.
[Amended 10-1-2014 by L.L. No. 7-2014]
B.
Glenville Environmental Conservation Commission (GECC) review (for SEQR Type I actions only). The GECC, acting in an advisory capacity to the PZC, conducts the first substantive review of all site plan review applications that qualify as a Type I SEQR action. The GECC's primary role in this instance is to make a recommendation to the PZC as to whether or not the application may result in a significant environmental impact. In this capacity, the GECC may ask for additional information from the applicant in order to assess potential environmental impacts.
[Amended 10-1-2014 by L.L. No. 7-2014]
C.
Planning and Zoning Commission (PZC) review. The Planning and Zoning Commission's review involves a two-step process: preliminary site plan review and final site plan review. A public hearing is conducted during the final site plan review phase.
[Amended 4-5-2006 by L.L. No. 3-2006; 9-3-2008 by L.L. No. 4-2008; 7-16-2014 by L.L. No. 3-2014]
(1)
Preliminary site plan review.
(a)
During this phase of the review, the PZC evaluates the site plan application to ensure compliance with the provisions of this article. During this meeting the PZC may also direct the applicant to make amendments to the site plan based on the review factors detailed in § 270-107 of this article. The PZC may also table the application should insufficient information be available for the PZC to conduct a thorough review, or if the amendments required of the site plan are substantial. If the application is tabled, the applicant is to reappear in front of the PZC at a later date for preliminary site plan review.
[Amended 10-1-2014 by L.L. No. 7-2014]
(b)
Should the PZC find that the applicant has demonstrated compliance with the provisions of this article, or should the PZC conclude that compliance is feasible without the necessity of major revisions to the site plan, the PZC will then schedule a public hearing on the site plan application, said hearing to be conducted as part of final site plan review at the PZC's next regularly scheduled meeting.
(c)
Any amendments required of the applicant must be made, and new maps submitted to the Town Economic Development and Planning Department, no later than 10 days prior to the date of the public hearing/final site plan review.
[Amended 10-1-2014 by L.L. No. 7-2014]
(2)
Final site plan review and public hearing.
(a)
Following a favorable determination by the PZC on the preliminary site plan review submission, the applicant is to appear at a public hearing to be held at the next regularly scheduled meeting of the PZC. At this time the PZC will consider the application and any amendments thereto, as well as comments raised at the public hearing. The PZC is to be guided by the provisions of § 270-107, Review factors, of this article, in rendering its decision
[Amended 10-1-2014 by L.L. No. 7-2014]
(b)
Following the hearing, the PZC will have 62 calendar days in which to render its decision to approve, approve with modifications, or disapprove the application. If the PZC is satisfied with the application following the hearing and final site plan review, it may render its decision on the evening of the hearing.
(c)
The sixty-two-day period in which the PZC must render its decision may be extended upon mutual consent of the applicant and the PZC.
(3)
Combining preliminary and final site plan review. The two steps may be combined in the following instances and/or for the following land uses:
(a)
Changes in tenancy where there is an intensification of the use, as defined in § 270-114.
(b)
Additions to existing buildings in which the overall footprint of the existing building or buildings on the property does not exceed 25%. It is acknowledged that an increase in building footprint, up to 25%, may include changes to or an expansion of parking areas, driveways, landscaping, stormwater management facilities, and other site features.
(c)
Expansion of existing uses in which there are no building additions, but rather an expansion of or modifications to parking, driveways, landscaping, stormwater management facilities, and other site features.
(d)
Bed-and-breakfast establishments.
(e)
Accessory apartments.
(f)
Churches, synagogues, rectories and other religious uses and institutions, except within the Suburban Residential District, where a two-step site plan review process will still be required.
(4)
All approved site plans shall be stamped, dated, and signed by the PZC Chairman prior to any building permits being issued for the property in question.
(5)
There may be occasions when certain site plan review applications, due to the complexity of the project and/or work demands upon Town staff at the time of the application, will need to be forwarded to an outside consultant and/or the Town-designated engineer for review. In these instances, the applicant will be responsible for full payment of the bill for review of applications by the consultant/engineer.[1]
[1]
Editor's Note: This subsection, formerly § 270-116, Review of applications by consultant, was redesignated as § 270-108C(4) on 9-3-2008 by L.L. No. 4-2008, and subsequently redesignated as § 270-108C(5) on 7-16-2014 by L.L. No. 3-2014.
§ 270-109 Public hearing publication and notice requirements.
Public hearings for site plan review applications must be advertised in the Town's official newspaper at least five calendar days prior to the hearing date. Further, as a courtesy, the Town will attempt to notify in writing all property owners whose properties are located within 500 feet of the property on which the application is being made that a hearing is to be conducted by the PZC.
§ 270-110 Dedication of land for park or recreation purposes.
Pursuant to § 274-a of the Town Law, the Planning and Zoning Commission, as part of site plan approval for any residential project, may require that land be set aside on the property for park, playground, or other recreational purposes, or, in lieu of land, that a fee be levied for the purchase and/or development of park, playground, or recreational facilities.
A.
Land acquisition.
(1)
In those instances where the PZC mandates the dedication of land for park, playground, or recreational purposes, the PZC will require that not less than 0.25 acre of land be set aside for every 10 dwelling units. However, in no case will the amount of land be more than 20% of the total area of the property.
(2)
Further, such area or areas may be dedicated to the Town or county by the applicant or developer, if the Town Board or County Legislature, respectively, approves such dedication. Appropriate legal measures will be taken to assure that such land is never developed for other than recreational purposes.
B.
Fee in lieu of land acquisition.
(1)
In cases where the PZC finds that due to the topography, configuration, or location of the property in question, land for park, playground, or other recreational purposes cannot be properly located on the property, or, if in the opinion of the PZC it is not desirable to acquire land, the PZC may waive the land dedication requirement. The PZC will then, as a condition to approval of the site plan, assess a recreation fee on a per-dwelling-unit basis; amount to be based upon the most recent version of the Consolidated Fee Schedule of the Town of Glenville.
(2)
The fee will be paid to the Town Board within 62 days of final site plan approval, and no building permits or certificates of occupancy will be issued by the Building Department until said fee is paid in full. All such payments will be held by the Town Board in a special Town Recreation Site Acquisition and Improvement Fund, to be used for the acquisition of land or for the physical improvement of existing park and recreation facilities. Said land must be suitable for permanent park, playground, or other recreational purposes, and will be used only for park, playground, or other recreational land acquisition or improvements.
C.
Concurrent site plan review and subdivision review. There may be occasions where a residential project is subject to both site plan review and subdivision review (i.e., a townhouse development). In this event, the provisions outlined in this section are waived, in favor of the land acquisition (or money in lieu of land acquisition) procedures of Chapter 242, Subdivision of Land.
[Amended 4-5-2006 by L.L. No. 3-2006]
§ 270-111 Solar farms public benefit fees.
[Added 2-3-2021 by L.L. No. 4-2021[1]]
Pursuant to § 10(1)(ii)(d)(3) of the Municipal Home Rule Law, the Town of Glenville hereby amends Town Law § 274-a to require, after a finding of need, that a parkland public benefit fee be paid to the Town as part of site plan approval for large-scale solar energy farm applications. Solar farms constitute a unique land use that impacts the Town's ability to retain its suburban aesthetic and occupies large swaths of green space while converting open or agricultural lands with potential for more suitable development.
A.
The Planning and Zoning Commission, as part of site plan approval for any large-scale solar energy farm, may require a public benefit fee on a per-acre basis; amount to be based upon the developed land as described in § 270-24.1D(6)(e)[1][k][xvi].
B.
The public benefit fee for park, playground or other recreational purposes may not be required until the Planning and Zoning Commission has made a finding that a proper case exists for requiring a public benefit fee be paid for a park or parks to be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include practical factors including whether there is a need for additional facilities in the immediate neighborhood and an evaluation of the present and anticipated future needs for park and recreational facilities in the Town, based on projected population growth to which the particular site plan will contribute.
C.
In the event the Planning and Zoning Commission makes a finding pursuant to Subsection B of this section that the proposed site plan presents a proper case for requiring a public benefit fee, the fee will be assessed as detailed in Subsection A of this section. All funds collected pursuant to this section shall be deposited into a trust fund to be used by the Town exclusively for park or other recreational purposes, including the acquisition of property.
[1]
Editor's Note: This local law also renumbered former §§ 270-111 through 270-116 as §§ 270-112 through 270-116.1, respectively.
§ 270-112 Performance bond or other security.
A.
As an alternative to the installation of required infrastructure and improvements, prior to final site plan approval the PZC may require a performance bond or other security sufficient to cover the full cost of the improvements, as determined by the Town Engineering Department and/or Town Highway Department.
B.
Such bond or security is to be provided to the Town pursuant to the following provisions:
(1)
Form of security. The performance bond or security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency, and manner of execution. The form of security is limited to the following:
(a)
A performance bond issued by a bonding or surety company.
(b)
The deposit of funds in, or a certificate of deposit issued by, a bank or trust company located and authorized to do business in New York State.
(c)
An irrevocable letter of credit from a bank located and authorized to do business in New York State.
(d)
Obligations of the United States of America.
(e)
Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements. If not delivered to the Town, such security shall be held in a Town account at a bank or trust company.
(2)
Term of security agreement. Any such performance bond or security agreement shall run for a term to be fixed by the PZC, but in no case for a longer term than three years; provided, however, that the term of such performance bond or security agreement may be extended by the PZC upon consent of the parties thereto. If the PZC shall decide at any time during the term of the performance bond or security agreement that the required improvements have been installed in sufficient amount to warrant reduction in the amount of the security, the PZC, upon approval by the Town Board, may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the PZC.
(3)
Default of security agreement. In the event that any required improvements have not been installed pursuant to the term of the security agreement, the Town Board may declare the performance bond or security agreement to be in default, and collect the sum of the remaining security. Upon collection of the remaining proceeds, the Town shall install such improvements as are covered by the security and as commensurate with the extent of building development that has taken place, but not exceeding in cost the amount of such proceeds.
§ 270-113 Expansion of use permitted by site plan review.
Any expansion of a use permitted by site plan review, whether it be the expansion of the principal building, parking lot, accessory buildings, etc., is subject to the review procedures outlined in this article.
§ 270-114 Changes in tenancy.
A.
If an existing building or group of buildings is to be occupied by a new tenant, whose use is considered a site plan review use, the new tenant does not need to undergo site plan review and approval as outlined in this article, provided the change in tenancy will not result in an intensification of the use (i.e., residential to commercial, residential to mixed residential/commercial, office to assembly, etc.), any change to the building footprint, gross floor area of the building or buildings, or any alteration to the parking lot, driveways, landscaping, and all other site features.
B.
If the building or group of buildings was vacant immediately prior to the change in tenancy, the use of the building prior to it becoming vacant is to be considered when determining if the change in tenancy will result in an intensification of the use. If the building or group of buildings was vacant for two or more years prior to the proposed change in tenancy, site plan review is required, regardless of the most recent use of the building.
§ 270-114.1 Transfer of nonconforming use.
[Added 12-17-2008 by L.L. No. 5-2008]
A.
Effective January 1, 2008, the owner of a nonconforming use that is located in a General Business District which has an adopted master plan shall be permitted a one-time relocation of said nonconforming business use within the same General Business District, provided:
(1)
The property being vacated is being vacated to accommodate a planned development project which has been approved by the Town and all boards with jurisdiction over the project or a park, recreational area or preserve area identified in the master plan for the study area;
(2)
The property to be occupied is currently being used for a similar use or was previously used for a use that would be nonconforming under the existing Zoning Code and has been vacant since such last use; and
(3)
The one-time relocation of said nonconforming business must occur within one year from the date of being vacated.
B.
Once transferred to the new property, the use shall be governed by all other provisions of this chapter, including site plan review.
§ 270-115 Conditional use permits and area variances.
[Amended 10-1-2014 by L.L. No. 7-2014; 8-21-2024 by L.L. No. 9-2024]
There may be occasions where an application for development requires both a conditional use permit and a variance. In such cases, the PZC's decision on the conditional use permit, and on any related preliminary or final site plan review, may be issued conditioned upon the ZBA approving the variance(s). In an event such as this, the PZC may require the applicant to appear before them again for final site plan review and the granting of the conditional use permit following the ZBA's decision on the variance application.
§ 270-116 Revocations. [1]
[Added 9-3-2008 by L.L. No. 4-2008[2]]
Site plan approvals will be revoked if construction has not commenced within two years of the approval date.
[1]
Editor’s Note: Former § 270-116, Review of applications by consultant, was redesignated as § 270-108C(4) on 9-3-2008 by L.L. No. 4-2008, and subsequently redesignated as § 270-108C(5) on 7-16-2014 by L.L. No. 3-2014.
[2]
Editor's Note: This local law also redesignated former § 270-115 as § 270-116.
§ 270-116.1 Waivers.
[Amended 10-1-2014 by L.L. No. 7-2014]
The Planning and Zoning Commission, at its discretion, may judge that certain requirements of this article are not applicable in its approval of a site plan. In such cases, the PZC may allow the applicant to submit only those elements which the Commission deems necessary to the review and approval of the particular application. In granting such waivers, the PZC may seek input from staff of the Town's Economic Development and Planning, Engineering, and/or Highway Departments.