Greenville City Zoning Code
ARTICLE XIV
Site Plan Review
§ 205-75 Authorization required prior to issuance of building permit; definition.
A.
In all cases where this chapter requires site plan review by the Planning Board, no permit shall be issued by the Building Inspector except upon authorization of and in conformity with the plans approved by the Planning Board.
B.
As used in this article, the term "site plan" shall mean a rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in this chapter, which show the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. 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 or Chapter 181, Subdivision of Land, shall continue to be subject to such review and shall not be subject to review as site plans under this section.
§ 205-76 Application for area variance.
Notwithstanding any provision of law to the contrary, where a proposed site plan contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b of the Town Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter.
§ 205-77 Preparation of map required.
The applicant shall cause a site plan map to be prepared by a civil engineer, surveyor, land planner, architect or other competent person.
§ 205-78 Conditions attached to approval.
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by the Town Building Inspector.
§ 205-79 Submission requirements.
The following information must be submitted to the Planning Board for site plan approval:
A.
General.
(1)
A map showing the parcel in relationship to adjacent parcels, streams, all drainage and watercourses, street rights-of-way and street intersections and all other structure uses.
(2)
A map of the entire parcel showing the location, dimensions and the proposed use of all buildings, parking and loading areas and access and egress thereto; all site improvements, including proposed grades, walkways, driveways, lights, fences, walls, signs, drainage facilities, benches and landscaped areas, including trees and other plantings; and all other structures and improvements other than the natural state of the land.
B.
Particular.
(1)
An area map at a convenient scale, which shall include streams, street rights-of-way and street Intersections; the location of the proposed development in relation to the nearest public roads on all four sides; and all public improvements, such as schools, firehouses, etc.
(2)
A map of applicant's entire holding at a convenient scale.
(3)
The names of all owners of record of adjacent properties.
(4)
Existing school, zoning and special district boundaries within 500 feet of the tract.
(5)
An accompanying statement setting forth the nature of all proposed modifications of existing zoning provisions.
(6)
Boundaries of the property and existing lot lines, Tax Map numbers, as shown on the existing Tax Map (by section, block and lot).
(7)
A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
(8)
The location of all existing structures on the site, as well as those on adjacent properties within 100 feet of subject lot line.
(9)
The proposed location, height, spacing and use of all proposed and existing buildings and structures and outdoor signs.
(10)
The proposed location of any use not requiring a structure, including walkways, benches, fences and recreational facilities.
(11)
The location of existing and proposed usable open spaces and recreational areas and their landscaping.
(12)
Plans and plan elevations, except structural and mechanical plans, of all buildings or structures, or accessory structures, including all proposed freestanding signs, proposed to be altered.
(13)
All existing and proposed means of vehicular access and egress from the site.
(14)
The location and design of all driveways, off-street open and enclosed (if any) parking and loading areas, with the number of stalls provided therewith, and curbing provided or to be provided.
(15)
The location of all existing water lines, valves and hydrants and all sewer lines.
(16)
Existing and proposed storm drainage system.
(17)
Existing and proposed fencing, landscaping, buffer strips and screening, where required.
(18)
The proposed location, direction and type of outdoor lighting.
(19)
Existing and proposed contours with intervals of five feet or less extending 50 feet beyond the tract.
(20)
The location of existing watercourses, wooded areas, rock outcrop and single trees with a diameter of 12 inches or more measured four feet above ground level.
(21)
In the case of uses requiring approval of the Orange County Department of Health and/or the New York State Department of Environmental Conservation, the approval of said Departments.
(22)
Where the applicant wishes to develop the project in stages, a site plan indicating ultimate development.
(23)
Any additional data required by the Planning Board where it is warranted due to special conditions of the site or complexity of the proposed development.
§ 205-80 One-family and two-family detached dwellings.
A.
In the case of a one-family or two-family detached dwelling to be constructed on an approved, existing vacant lot, the Building Inspector may, in his or her discretion, issue the requisite permits under this chapter without formal review by the Planning Board, provided that the plot plan presented meets the following requirements, in addition to all other requirements of applicable laws:
(1)
Minimum front yard: sixty-foot set back from lot line.
(2)
Minimum rear yard: fifty-foot set back from lot line.
(3)
Minimum side yards: forty-foot, one side; eighty-foot aggregate, provided that any side yard with a garage located on that side shall be a minimum of 30 feet.
(4)
Minimum lot width: 150 feet at the site of the dwelling, and in the case of odd shaped lots, the width shall be determined as follows:
(a)
A line drawn connecting the two corners of the lot fronting the road.
(b)
Lines, parallel to that set forth in Subsection A(4)(a), running through the corner of the house closest to the road and the comer of the house farthest from the road. A lot width of 150 feet must exist at the midpoint between the two lines set forth in this subsection.
(c)
On new cul-de-sac approved by the Planning Board, lot width must be a minimum of 50 feet at the street line and must expand to the minimum of 150 feet at the front yard setback line. The front yard setback line is set forth in Subsection A(1) of this section. The dimensions of a cul-de-sac are set forth in § 181-24J of the subdivision regulations of the Town.[1] These regulations set forth a minimum diameter and outside diameter. The dimensions of the cul-de-sac and the dimensions of the potential lots created around the cul-de-sac must conform to the attached diagram.[2] Lots around the cul-de-sac shall be limited to four lots.
(5)
Minimum lot area (one-family): two acres.
(6)
Minimum lot area (two-family): three acres.
B.
The Building Inspector may decline to approve any such plan, in his or her discretion, and refer the matter to the Planning Board for site plan review. However, such referral shall be made only in cases where the Building Inspector determines that the plan submitted may not meet the requirements of this section, and in such case, the referral by the Building Inspector to the Planning Board shall be accompanied by a written determination as to what portions of this section are in question. The fee for such review shall be as provided in Chapter A212, Fees.
§ 205-81 General considerations for review.
In reviewing any site plan, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and the intentions of the Town's Master Plan and may attach reasonable conditions and safeguards as a precondition to its approval. The Planning Board shall consider the special conditions set forth for any use requiring Planning Board site plan review in the Use and Bulk Tables[1] and the following general objectives:
A.
Fire and police protection. That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
B.
Harmony. That the proposed use shall be 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 is proposed to be situated and will not be detrimental to the orderly, efficient, economical and healthful development of adjacent properties and the Town as a whole in accordance with the zoning classification of such properties.
C.
In or adjacent to residential uses. That, in addition to the above, in case of any use located in, or directly adjacent to, a residential use:
(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 or inconvenient to or incongruous with said residential use 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 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 impair the value thereof.
[1]
Editor's Note: Said Use and Bulk Tables are included as an attachment to this chapter.
§ 205-82 Development plan.
In approving the plans for a particular use the Planning Board shall give specific consideration to the design of the following in the development plan:
A.
Traffic access. That all proposed traffic access 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 other similar safety considerations.
B.
Circulation and parking. 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.
C.
Landscaping and screening. That all playground, 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. Existing trees over 12 inches in diameter should be preserved to the maximum extent possible.
D.
Character and appearance. That the character and appearance of proposed use, buildings and/or outdoor signs will be in general harmony with the character and appearance of the surrounding neighborhood and that of the Town of Greenville and will not adversely affect the general welfare of the present and future inhabitants of the Town of Greenville.
§ 205-83 Public hearing; application; fee; approval.
A.
Public hearing. The Planning Board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this section. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before said hearing and shall give public notice of said hearing in the official newspaper of the Town at least five days prior to the date thereof.
(1)
At least 10 days before such hearing, the Planning Board shall mail notices thereof to the Orange County Planning Board, 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 § 239-m, Subdivision (2), of the General Municipal Law.
(2)
If the land involved in an application lies within 500 feet of the boundary of another municipality, the Secretary of the Planning Board shall also transmit to the municipal Clerk of such other municipality a copy of the official notice of the public hearing thereon not later than the day after such notice appears in the official newspaper of the Town.
B.
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 or will be operated in conformance with the performance standards and, if not, what modification in design or operation would be necessary for conformance. A copy of the report of such consultants shall be furnished to the Planning Board, Building Inspector and the applicant. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
C.
Decision. The Planning Board shall make a decision upon the application within 62 days after the public hearing. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof must be mailed to the applicant.
D.
Application and fee. All such applications made to the Planning Board shall be, in writing, on forms prescribed by the Board and shall be accompanied by a fee set from time to time by resolution of the Town Board in Chapter A212, Fees. Said fees are in addition to all other fees as set forth in this section and shall comprise a nonreturnable review fee for a review under the terms of this section. If site plan is simultaneous with subdivision review, the Planning Board shall, at its discretion, waive one or the other of the review fees. These fees shall be total fees for a single-family dwelling site plan, not to exceed two families.
E.
Submission of plans. Submission of plans meeting all requirements shall be accomplished within six months of date of application and payment of fees. A six-month extension may be granted by the Planning Board upon application.
F.
Approval. Site plan approval shall be void after a one-year period from date of approval unless a building permit has been issued.
G.
After approval of the final subdivision plat by the Planning Board, prior to any construction beginning at the property covered by the approved plat, the applicant/owner/developer must execute a development agreement, on a form approved by the Town. The language of said development agreement and the language of the Zoning Law shall be read and interpreted to as to compliment and supplement each other and not to be in any way in conflict with each other.
§ 205-84 Renewal; uses to be considered conforming.
The Board may require that its approval be periodically renewed. Such renewal shall be granted and may be withheld only upon a determination by the Building Inspector to the effect that such conditions as may have been prescribed by the Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases, a period of six days shall be granted the applicant for full compliance prior to the revocation of the said permit. Any use authorized by the Planning Board shall be deemed to be a conforming use in the district in which such is located provided that: