Greenfield City Zoning Code
ARTICLE IX
Site Plan Review
§ 105-91 Purpose.
The purpose of site plan review is to provide for the review and approval of development plans to ensure that land development occurs in harmony with surrounding uses, without adversely impacting neighboring parcels, property values, public facilities, infrastructure or the natural environment.
§ 105-92 Applicability.
A.
Before a building permit or certificate of occupancy can be issued for any of the activities to which site plan review applies, a site plan must be approved by the Planning Board and filed with the official.
B.
The requirements of this section shall apply to uses listed as requiring site plan review in Table 1, Table of Uses,[1] as well as to the following projects:
(1)
All expansions of existing commercial, industrial or multifamily property which involve an increase in the gross floor area of an existing structure by more than 20%, provided that such expansion involves at least 1,000 square feet.
(2)
Any conversion of an existing residential structure to a nonresidential use (except as required for the establishment of a home occupation).
(3)
Any conversion of an existing nonresidential structure into a residential structure containing three or more units.
(4)
Any modification to an existing residential structure which increases the number of dwelling units in the building to three or more units.
(5)
Any new development within or expansion of a mobile home park.
(6)
Any change of an existing nonresidential building from one type of use to another (i.e., conversion of a commercial structure to an industrial facility).
(7)
Any new telecommunications tower or collocation on a previously approved telecommunications tower.
[1]
Editor's Note: Table 1, Use Regulations, is included at the end of this chapter.
C.
This section does not apply to the construction of single-family homes, two-family dwellings, agricultural or forest management buildings or structures or the placement of modular, panelized, manufactured or mobile homes on individual lots.
§ 105-93 Procedure.
A.
The applicant shall have the option to make an informal presubmission presentation to the official, at which time site plan application requirements can be reviewed. A sketch plan should be prepared by the applicant and employed at the presubmission meeting to indicate the nature of the proposal.
B.
The applicant shall make formal application for site plan approval by submitting, at minimum, a completed application form, the appropriate environmental assessment form and a preliminary site plan to the official. The application shall consist of the following:
(1)
A preliminary site plan as required under application for a special permit, in compliance with § 105-52A, documentation of maintenance and ownership of open space and park facilities as required under § 105-126 of this chapter and documentation of compliance with Chapter 49, Environmental Quality Review, of the Code of the Town of Greenfield, New York, as applicable.
(2)
A front view of all signs to be employed at the project.
(3)
Other information determined by the official or Planning Board as necessary to review the development for compliance with this chapter.
(4)
Stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 85 of the Town Code. The SWPPP shall meet the performance and design criteria and standards of Chapter 85 and the approved site plan shall be consistent with the provisions of Chapter 85.
[Added 12-13-2007 by L.L. No. 5-2007]
C.
Application for a site plan approval shall be accompanied by a fee in accordance with the Fee Schedule contained in Chapter A210, Fee Schedule, of the Code of the Town of Greenfield, New York.
D.
If a notice of violation has been served on the owner or occupant of property pursuant to § 105-26A, no application shall be accepted for review by the Planning Board, and no building permit shall be issued by the Building Inspector relating to that property except for actions to cure the violation, and no certificate of occupancy shall be issued by the Building Inspector, unless and until the violation has been remedied or removed and any applicable fine has been paid as determined by the official or by a court if legal action has been instituted.
[Added 4-8-2010 by L.L. No. 1-2010]
§ 105-94 Public hearing.
A.
Notice.
[Amended 5-8-2008 by L.L. No. 1-2008]
(1)
The Planning Board shall fix a reasonable time for the hearing on the application and give public notice thereof by publishing a notice of such hearing in a paper of general circulation in the Town at least seven days prior to the date thereof and, at least 10 days prior to the date of the hearing, by mailing notices of the hearing:
(a)
To the parties and to the County Planning Board, as required by § 239-m of the General Municipal Law. The 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.
(b)
To all owners of property within 500 feet of the nearest line of the property for which site plan review is sought, and to such other property owners as the Chairman of the Planning Board may direct.
(2)
A sign advertising the public hearing shall be provided by the Town to the applicant, who shall be responsible for posting it on the property for a period of 10 days prior to the hearing. In the event the sign is lost or removed from the premises, the applicant shall make arrangements to replace the same within 24 hours. The applicant shall provide the Board with proof of posting on a form to be provided by the Town.
B.
Adjournment of hearing. The Planning Board may adjourn any hearing upon the mutual consent of the Planning Board and the applicant.
§ 105-95 Decision.
Upon receipt of a complete site plan application, the official shall refer the application to the Planning Board. The Planning Board shall review the site plan application, and within 30 days of receipt, the Planning Board may schedule a public hearing to receive comments on the application. The Planning Board shall either approve, approve with conditions or disapprove the application within 45 days after such hearing. If there is no public hearing held, the Planning Board shall either approve, approve with conditions or disapprove the application within 45 days of receipt of a complete application. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. Failure of the Planning Board to render a decision within the prescribed time limits shall constitute approval by the Planning Board.
§ 105-96 Criteria.
[Amended 12-13-2007 by L.L. No. 5-2007]
§ 105-97 Action by Planning Board.
In acting on a site plan application, the Planning Board may issue any one of the following decisions:
A.
Approval. Upon approval of the site plan, the Planning Board shall endorse a copy of the site plan within 120 days of the date of approval and immediately file it with the official. The official shall notify the applicant of approval.
B.
Conditional approval. Upon conditional approval of the site plan, the Planning Board shall issue a written statement to the applicant, indicating the modifications which are required prior to approval of the site plan. After adequate demonstration to the Planning Board that all conditions will be met, the Planning Board shall endorse its approval on a copy of the site plan within 120 days of the time when it determines that all conditions have been met and shall immediately file it with the official, along with the written statement containing the modifications required by the Planning Board. The official shall transmit a copy of the same to the applicant.
C.
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed with the official and a copy thereof mailed to the applicant.