Hague Town City Zoning Code
ARTICLE VII
Uses Permitted by Site Plan Review
§ 160-33 Purpose.
The purpose of this article is to allow the proper integration into the community of uses listed in Articles VI and IX of this chapter which may be suitable within the zoning district only on certain conditions and only at appropriate locations. Because of their characteristics, or the special characteristics of the area in which they are to be located, these uses require special consideration so that they may be properly located and planned with respect to:
A.
The objectives of this chapter.
B.
Their effect on surrounding properties.
C.
The ability of the Town to accommodate the growth resulting from the proposed use without undue adverse effect on the Town and its citizens and taxpayers, and the protection of the health, safety and welfare of the Town and its citizens.
D.
The objectives of the land use plan.
§ 160-34 Applicability of article.
[Amended 11-10-1998]
A land use or development involving a use listed in Article VI or IX hereof, or where deemed necessary by the Zoning Administrator, shall not be undertaken unless and until the Planning Board has approved or approved with conditions such use according to the guidelines established by the site plan review process. The Zoning Administrator shall issue permits for such land use or development pursuant to the terms of Article XIV hereof, provided that no such approval or permit shall be required under this chapter for a use which is a Class A regional project under the Adirondack Park Agency Act. [1]
[1]
Editor's Note: See Executive Law § 800 et seq.
§ 160-35 Authorization to approve and disapprove uses with site plan review.
In accordance with § 274-a of the Town Law, the Planning Board is authorized to approve and review, approve with modifications or disapprove site plans prepared to specifications set forth in this chapter and in regulations of the Planning Board, showing the arrangement, layout and design of the proposed use of the land shown on such plan. Such site plan review shall be made of all development required under the terms of this chapter, including activities designated as Class B regional projects by the Adirondack Park Agency Act. Class B regional projects are hereinafter referred to Type II site plan review projects.
§ 160-36 Application for site plan review approval.
[Amended 11-10-1998]
Application for project approval shall be made with the Planning Board using forms supplied by the Board. Applications shall include reasonably sufficient information for the Board to make its findings under § 160-39 of this chapter. In determining the content of this application form, the Planning Board may provide for different informational requirements for different classes or types of projects, but with each certain class or type of project, the same information required by these various application forms may include any or all of the following: a detailed description of the natural features of the project and its components, including all proposed roads and accesses, water supply and sewage disposal systems, and their relationship to natural features; an analysis with supporting data on the impact of the project on the environment both during construction and thereafter; and an analysis and supporting data of any benefits that might derive from the project.
§ 160-37 Sketch plan conference.
[Amended 11-10-1998]
A sketch plan conference may be held at the advice of the Zoning Administrator between the Planning Board or its designee and the applicant prior to the preparation and submission of a formal site plan application. The intent of such a conference is to enable the applicant to inform the Planning Board of his 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 potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant should provide the following:
A.
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.
B.
A sketch or map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements and other pertinent features.
C.
A topographic or contour map of adequate scale and detail to show site topography.
§ 160-38 Site plan checklist; required information and materials.
Where the sketch plan conference was held, the accompanying information shall be drawn from the following checklist as determined necessary by the Planning Board at said sketch plan conference. In the event that a sketch plan conference was not held, the applicant shall provide information to all applicable items of the following checklist:
A.
The title of the drawing, including names and addresses of the applicant and the person(s) responsible for preparation of such drawing.
B.
North arrow, scale and date.
C.
Boundaries of the property, plotted to scale.
D.
Existing watercourses.
E.
A grading and drainage plan, showing existing and proposed contours.
F.
The location, design and type of construction, proposed use and exterior dimensions of all buildings.
G.
The location, design and type of construction of all parking and truck loading areas, showing access and egress.
H.
Provision for pedestrian access.
I.
The location of outdoor storage, if any.
J.
The location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
K.
A description of the method of sewage disposal and location, design and construction materials of such facilities.
L.
A description of the method of securing public water and the location, design and construction materials of such facilities.
M.
The location of fire and other emergency zones, including the location of fire hydrants.
N.
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
O.
The location, size, design and type of construction of all proposed signs.
P.
The location and proposed development of all buffer areas, including existing vegetative covers.
Q.
The location and design of outdoor lighting facilities.
R.
Identification of the location and amount of building area proposed for retail sales or similar commercial activity.
S.
A general landscaping plan and planting schedule.
T.
An estimated project construction schedule.
U.
A record of application for and approval status of all necessary permits from state and county agencies.
V.
Identification of any state or county permits required for the project's execution.
W.
Other elements integral to the proposed development as considered necessary by the Planning Board.
§ 160-39 Site plan review procedure.
A.
Not later than 10 days following receipt of a complete application for a project, the Zoning Administrator shall notify the Adirondack Park Agency, in the case of Type II uses, and shall notify the Planning Board of such receipt, shall furnish to each body a copy of the project application and shall furnish to the Agency such pertinent information as the Agency may deem necessary, and shall afford each body the opportunity to comment thereupon. A site plan review application will be sent to the Warren County Planning Board by the Zoning Administrator as required by General Municipal Law § 239-m.
[Amended 11-10-1998]
B.
Hearing; decision.
(1)
The Planning Board shall fix a time within 62 days from the day an application for site plan approval is made for the hearing of any matter referred to under this section if a public hearing is deemed necessary by the Planning Board. In determining whether a public hearing is necessary, the Planning Board shall be guided by the expected level of public interest in the project and the possibility of an eventual disapproval. No site plan review project may be disapproved unless a hearing shall have first been held on the project application. The Planning Board shall give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof. In the case of Type II actions (site plan review projects) a copy of the public hearing notice shall be mailed to the Adirondack Park Agency and to the Zoning Board of Appeals. The Adirondack Park Agency shall be a full party in interest with standing to participate in any and all proceedings conducted pursuant to this section.
[Amended 11-10-1998]
(2)
The Planning Board shall decide on the application within 62 days after such hearing, or after publication is filed if no hearing has been held; provided, however, that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.
[Amended 11-10-1998]
(3)
The Planning Board shall render a decision in the form of an approval, approval with conditions or disapproval based on criteria and procedures cited herein. The Planning Board's review of the site plan shall include, as appropriate, but is not limited to the following general conditions:
(a)
The location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(b)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(c)
The location, arrangement, appearance and sufficiency of off-street parking and loading.
(d)
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(e)
The adequacy of stormwater and drainage facilities.
(f)
The adequacy of water supply and sewage disposal facilities.
(g)
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicants and adjoining lands, including the maximum retention of existing vegetation.
(h)
The adequacy of fire lanes and other emergency zones, and the provision of fire hydrants.
[Amended 11-10-1998]
(i)
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(j)
No approval or approval with conditions shall be granted until the Planning Board determines the applicant is in compliance with all other provisions of this chapter.
(k)
In its discretion, the Planning Board may condition an approval following site plan review with the requirement that any existing sewage system be altered to conform to current standards.
[Added 11-10-1998]
C.
Contents and filing of decision.
(1)
The decision of the Planning Board shall be filed, within five business days after such decision has been rendered, in the office of the Town Clerk, and a copy thereof mailed to the applicant. The decision shall contain such findings of fact as are required by §§ 160-41 or 160-42 hereof. The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings, whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that guidelines as to intensity of development as provided in this chapter shall be respected, and the imposition of reasonable conditions to ensure that the project will be adequately supported by services and improvements made necessary by the project and to ensure that the project will be completed in accordance with the terms of the application and any permit and including, without limitation, the requirements and conditions authorized under § 160-34 of this chapter. In addition, the Planning Board may require that the Zoning Administrator incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.
[Amended 11-10-1998 [1]]
[1]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
(2)
In the case of Type II site plan review projects, the decision shall also be sent to the Adirondack Park Agency.
§ 160-40 Requirements for Type I site plan review.
The Planning Board shall not approve a use unless it first determines that such site plan review use meets the site plan review standards and requirements of § 160-41 and that such site plan review use meets any additional standards and requirements of Article IX applicable to that use.
§ 160-41 Type I site plan review criteria.
In order to approve any Type I site plan review use, the Planning Board shall find that:
A.
The use complies with all other requirements of this chapter, including the dimensional regulations of the zoning district in which it is proposed to be located;
B.
The use would be in harmony with the general purpose and intent of this chapter, specifically taking into account the location, character and size of the proposed use and the description and purpose of the district in which such use is proposed; the nature and intensity of the activities to be involved in or conducted in connection with the proposed use; and the nature and the rate of any increase in the burden on supporting public services and facilities which will follow the approval of the proposed use; and
C.
The establishment, maintenance or operation of the proposed use would not create public hazards from traffic, traffic congestion or the parking of automobiles or be otherwise detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the Town.
§ 160-42 Type II site plan review criteria.
The Planning Board shall not approve a Type II site plan review project unless it first determines that such project meets the following criteria:
A.
The project would comply with all provisions of this chapter.
B.
The project would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Adirondack Park or upon the ability of the public to provide supporting facilities and services made necessary by the project, taking into account commercial, industrial, residential, recreational or other benefits that might be derived from the project. In making this determination, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein and, in doing so, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in § 160-47 of this article.
[Amended 11-10-1998]
§ 160-43 Development considerations.
The following are those factors which relate to potential for adverse impact upon the park's natural scenic, aesthetic, wildlife, ecological, historic, recreational or open space resources and which shall be considered, as provided in this chapter, before any Class A regional project or Type II site plan review project is undertaken in the Town. Any burden on the public in providing facilities and services made necessary by such land use and development or subdivisions of land shall also be taken into account, as well as any commercial, industrial, residential, recreational or other benefits which might be derived therefrom.
A.
Natural resource considerations.
(1)
Water.
(a)
Existing water quality.
(b)
Natural sedimentation of siltation.
(c)
Eutrophication.
(d)
Existing drainage and runoff patterns.
(e)
Existing flow characteristics.
(f)
Existing water table and rates of recharge.
(2)
Land.
(a)
Existing topography.
(b)
Erosion and slippage.
(c)
Floodplain and flood hazard.
(d)
Mineral resources.
(e)
Viable agricultural soils.
(f)
Forest resources.
(g)
Open space resources.
(h)
Vegetative cover.
(i)
The quality and availability of land for outdoor recreational purposes.
(3)
Air.
(a)
Air quality.
(4)
Noise.
(a)
Noise levels.
(5)
Critical resource area.
(a)
Rivers and corridors of rivers designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law.
(b)
Rare plant communities.
(c)
Habitats of rare and endangered species and key wildlife habitats.
(d)
Alpine and subalpine life zones.
(e)
Wetlands.
(f)
Elevations of 2,500 feet or more.
(g)
Unique features, including gorges, waterfalls and geologic formations.
(6)
Wildlife.
(a)
Fish and wildlife.
(7)
Aesthetics.
(a)
Scenic vistas.
(b)
Natural and man-made travel corridors.
B.
Historic site considerations.
(1)
Historic factors.
(a)
Historic sites or structures.
C.
Site development considerations.
(1)
Natural site factors.
(a)
Geology.
(b)
Slopes.
(c)
Soil characteristics.
(d)
Depth to groundwater and other hydrological factors.
(2)
Other site factors.
(a)
Adjoining and nearby land uses.
(b)
Adequacy of site facilities.
D.
Governmental considerations.
(1)
Governmental service and finance factors.
(a)
Ability of government to provide facilities and services.
(b)
Municipal school or special district taxes or special district user charges.
E.
Governmental review considerations.
(1)
Governmental control factors.
(a)
Conformance with other governmental controls.