Hamptonburgh Town City Zoning Code
ARTICLE VI
Site Plans
[Amended 4-13-1999 by L.L. No. 1-1999; 9-2-2003 by L.L. No. 2-2003]
§ 150-16 Objectives; elements; considerations; conditions; procedures; enforcement; revocation; expiration.
A.
Objectives. In considering and acting upon site plans, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general, as well as of the users of the proposed land use and of its immediate neighbors, as well as the community and aesthetic character of the surrounding neighborhood. The Planning Board shall, in considering site plans, act to further the expressed intent of this chapter.
B.
Elements.
(1)
Requirements, waivers. The applicant shall cause a site plan map to be prepared by a civil engineer, surveyor, land planner, architect or other person competent to prepare site plans pursuant the requirements of this chapter. The site plan map and completed application shall include those elements listed herein or may exclude those that are not requisite in the interest of the public health, safety and welfare or inappropriate to the proposed development or use as determined by and as waived by the Planning Board at a public meeting.
(2)
Legal data. The following legal data shall be included on the site plan:
(a)
Section, block and lot number(s) of the property, as taken from the latest tax records.
(b)
Name and address of the owner of record
(c)
Name and address of the person, firm or organization who is making the application before the Planning Board, if such is not the same as the owner of record. The site plan application shall include the written authorization of the owner of record for such application.
(d)
Name and address of the person, firm or organization preparing the map.
(e)
Reference datum, North point, written and graphic scale and date of preparation and of any revisions thereto.
(f)
A precise delineation or description of the bounds of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(g)
The locations, names and width of existing adjoining street lines and curbs, or proposed street lines and curbs, where the same are shown on an approved subdivision or site plan map or proposed as a part of the subject site plan application.
(h)
The owners and Tax Map designations of all adjoining lands as shown from the latest tax records.
(i)
The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
(j)
A complete outline of any existing deed restrictions or covenants applying to the property.
(k)
A complete identification and listing of the zoning district and any applicable zoning subdistricts to which the property is subject. If there are no zoning subdistricts to which the property is subject, the site plan should contain an affirmative statement that the property does not contain any zoning subdistricts.
(3)
Natural features. The following natural features shall be included on the site plan:
(a)
Existing topographic contours at intervals of two feet or less, referred to a datum satisfactory to the Planning Board.
(b)
Boundaries and/or elevations of any areas subject to flooding or stormwater overflows.
(c)
The location of existing watercourses, marshes or swamps, wooded areas, rock outcrops, isolated trees and other significant existing features. All New York State and/or federal jurisdictional wetlands shall be shown on the plan.
(d)
Soil types on the site proposed to be disturbed or otherwise affected by the proposed land use.
(4)
Existing structures and utilities. The following existing structures and utilities shall be shown on the site plan:
(a)
The location of uses and outlines of structures, drawn to scale, on and within 100 feet of the lot line.
(b)
Paved areas, parking areas, sidewalks and vehicular access drives between the site and public street(s).
(c)
The location, dimensions, grades and flow direction of existing sewers, culverts and water lines, as well as other underground and aboveground utilities within and adjoining the property.
(d)
Other existing development, including fences, landscaping and screening.
(5)
Proposed development. The following information regarding proposed development shall be shown on the site plan:
(a)
The location of proposed buildings or structural improvements.
(b)
The location and design of all uses not requiring structures, such as off-street parking and loading areas.
(c)
The location, direction, power and time of use for any proposed outdoor lighting or public-address system.
(d)
The location and plans for any outdoor signs.
(e)
The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and finished slopes; and cross sections showing width of roadway, the location and width of sidewalks and the location and size of water and sewer lines.
(f)
Any proposed grading, screening and other landscaping, including types and locations of proposed street trees.
(g)
The location of all proposed water lines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment.
(h)
An outline of any proposed easements, deed restrictions or covenants.
(i)
Any contemplated public improvements on or adjoining the property.
(j)
If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development and its interrelationship with the initial stage(s).
(k)
An erosion control and stormwater management plan. This chapter references the publications Reducing the Impacts of Stormwater Runoff from New Development of the New York State Department of Environmental Conservation; and New York Guidelines for Urban Erosion and Sediment Control of the Soil Conservation Service for appropriate methods and techniques.
(l)
A graphic rendering of the proposed completed project.
(m)
Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and requirements of this chapter.
C.
Required considerations.
(1)
Traffic access. All proposed traffic access or egress ways and internal traffic ways shall be adequate, but not excessive in number; shall be adequate in width, grade, alignment and line of sight and visibility; and shall be adequately separated from intersections, major traffic generators and places of public assembly and other safety considerations. All driveways, streets and accessways shall be considered in relation to existing and planned streets so as to afford safe and convenient access in relation to the topography and also in relation to existing and proposed uses. In particular, the Planning Board shall consider measures with regard to traffic access that may be necessary and appropriate for safety and other concerns and to protect the operating level of service of the frontage road, where such frontage road shall have been listed in the 1990 Town of Hamptonburgh Master Plan, Appendix B, and where such measures are approved by the appropriate highway or transportation department.
(2)
Circulation and parking.
(a)
Adequate off-street parking and loading spaces shall be provided in order to prevent parking in and along public streets by persons in any way connected with or visiting such use.
(b)
Interior circulation systems shall be adequate to provide safe accessibility to all required off-street parking lots and to provide safe separation between different uses, such as stacking lanes for drive-through uses and parking and circulation areas.
(c)
Parking areas shall be sufficiently separated from public streets and both vehicular and pedestrian circulation ways so as not to create visibility or other hazards.
(d)
Curbing or other appropriate devices shall be required as needed to protect landscaping and to safely delineate or separate road, parking and pedestrian pathways.
(3)
Building area. The location and arrangement of use(s) on the site shall be in harmony with the purposes of the proposed and surrounding land uses so as not to be detrimental to the same. Both structural and nonstructural uses of the site shall be considered in this regard, including accessory elements such as signs pursuant to § 150-23 of this chapter.
(4)
Landscaping and screening. All playground, parking, waste collection, loading and service areas shall be 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 shall be in harmony with the existing vegetation surrounding the site and the existing character of the surrounding neighborhood. Landscaping shall not interfere nor be likely to interfere if improperly maintained with lines of sight to points of access, egress, intersections and other areas critical to safety. Healthy existing trees shall be retained to the greatest extent possible. Special attention should be paid to specimen trees and to exceptionally large or significant trees, whose significance shall be determined by factors including, but not limited to, size, species, age and location. Additional screening, such as berms, thick hedges or walls, may be required for parking areas over five spaces and/or for loading areas that are located within 50 feet of any district which permits residential uses.
(5)
Noise levels. The volume, character and hours of generation of noise generated on the site shall be compatible with the characteristics of surrounding uses.
(6)
Drainage.
(a)
Drainage needs of the site shall be provided for such that the peak runoff from the site is not increased according to the following standards, as calculated using the TR-55 method or other equivalent model.
[1]
If the drainage basin in which the site lies is less than 320 acres in area, then drainage facilities shall be designed to provide for the twenty-five-year storm event.
[2]
If the drainage basin in which the site lies is between 320 and 640 acres in area, then drainage facilities shall be designed to provide for the fifty-year storm event.
[3]
If the drainage basin in which the site lies is greater than one square mile in area, then drainage facilities shall be designed to provide for the one-hundred-year storm event.
(b)
In addition, the quality of the stormwater runoff that drains from the site shall be considered in order to avoid water pollution, including, but not limited to, thermal pollution of water bodies as a result of site drainage. Applicants are referred to the New York State Department of Environmental Conservation Bureau of Water Quality Management publication, Reducing the Impacts of Stormwater Runoff from New Development (April 1992), or to the Orange County Soil and Water Conservation District.
(7)
Erosion control. Erosion control measures shall be provided for and specified on the plan, in order to minimize the potential for air and water pollution. Measures for acceptable erosion control are referenced in the Soil Conservation Service publication, New York Guidelines for Urban Erosion and Sediment Control, or the applicant is referred to the Orange County Soil and Water Conservation District.
(8)
Aesthetic. The aesthetic effect of the proposed use in its design, layout, materials and method of construction, signage and landscaping shall be compatible with the overall characteristics of surrounding and similar uses and the character of the Town of Hamptonburgh.
D.
Conditions. The Planning Board shall have the power to establish conditions on site plan approvals. Such conditions shall not be arbitrary or capricious, but shall be within the discretion of the Planning Board as necessary to protect the public health, safety and welfare of the Town of Hamptonburgh and consistent with the considerations set forth in Subsections H and I of this section as they relate to the specific project before the Planning Board. Such conditions may include, but are not limited to, the establishment of a periodic review procedure in order to ensure that any conditions or requirements of approval are being observed.
E.
Procedure.
(1)
At such time as a site plan that fully complies with the provisions of Subsection B is submitted, unless the submission of any such provisions of the same is specifically waived by the Planning Board, the Planning Board shall be deemed to be in receipt of a complete application. Sufficient copies of such plan, with any necessary attachments, shall be submitted for the use of the Planning Board for referral to the Town Board, if required, for any involved municipal planning, engineering or other consultants and for any other agencies from which a permit is required for the proposed use to the Planning Board Secretary at least 15 days prior to the Planning Board meeting at which approval is being requested. The Planning Board Secretary shall certify whether such application includes all materials and requirements listed in this chapter at least seven days prior to the date of the Planning Board meeting at which approval is requested.
(2)
Public hearing.
(a)
The Planning Board shall hold a public hearing on site plan applications. The public hearing shall be scheduled within 90 days of submission of such complete site plan, and action by the Planning Board to approve or disapprove such complete site plan shall be required within 90 days of the close of the public hearing.
(b)
The provisions of this chapter shall supersede those of § 274-a of the New York State Town Law, as amended.
(c)
Prior to public hearing on any site plan, public notice of such hearing shall have been published at least once in the official newspaper of the Town at least five days prior to the date on which the hearing will be held. Notice of such hearing shall also be delivered by the applicant by certified mail to all landowners within 500 feet of the entire tax parcel on which such requested use is proposed to take place, and also to such others as the Planning Board may reasonably deem to be necessary. The text of said hearing notice shall be approved by the Planning Board. An applicant shall provide the Planning Board with an affidavit of mailing to said landowners, accompanied by a legible copy of relevant Tax Map sections showing the names of said landowners corresponding to their appropriate Tax Map parcel numbers. No action shall be taken until all interested parties shall be given an opportunity to be heard.
(3)
In reviewing the site plan application, the Planning Board may secure the advice or assistance of one or more expert consultants as qualified to advise on whether the proposed use would conform to all requirements of this chapter. A copy of such consultant's report shall be furnished to the applicant.
(4)
The Planning Board, in rendering its decision on such complete site plan application, may approve, approve with conditions pursuant to Subsection D, H and I, or disapprove. Any disapproval shall include written findings upon any site plan element found contrary to the provisions or intent of this chapter.
(5)
Amendments to an approved site plan shall be acted upon in the same manner as the approval of the original plan, except that a public hearing may be waived, upon good cause shown by the applicant, by the unanimous vote of the Planning Board where a site plan amendment will have no adverse impact and is not a substantial alteration from the previously approved site plan. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law, and its implementing regulations under Title 6, Part 617 of the New York Code of Rules and Regulations.
F.
Building permits. Where Article III requires site plan approval for a use, the Building Inspector shall not issue a building permit for such use except upon authorization of and in conformity with the plans approved by the Planning Board.
G.
Engineer certification.
[Amended 6-30-2004 by L.L. No. 2-2004]
(1)
No certificate of occupancy shall be issued for any site until an as-built site plan has been reviewed and approved by the Town Engineer and the Town Engineer has certified that the as-built site plan conforms to the site plan approved by the Planning Board. Additional copies of the as-built site plan must be submitted to the Town Clerk and the Building Inspector.
(2)
Any project approved under a site plan procedure shall be subject to construction observations by the Town Engineer or other professional consultants retained by the Town. This includes any and all facilities of a public nature, including roads, water mains, storm drains, sanitary sewers, lighting, landscaping, utilities, recreational facilities, etc., whether or not dedicated to the Town.
(3)
Prior to the start of construction and as a condition to final site plan approval, the applicant shall deposit with the Town Clerk funds to be utilized for reimbursing the Town for the cost of the Town’s professional consultant observations. The funds deposited with the Town Clerk shall be 6% of the performance security for all such construction. In the event that no performance security is required to be filed with the Town, then the amount shall be 6% of the cost of all such improvements to be inspected, as estimated by the consulting engineer for the Town.
H.
Enforcement; revocation.
(1)
A property shall only be used in strict compliance with, consistent with and subject to all conditions of site plan approval where site plan approval is required. No property shall be used for purposes not specified in the approved site plan where the same is required pursuant to this chapter.
(2)
Any substantial violation of conditions of a site plan approval is enforceable by the Building Inspector by issuance of a violation notice to require correction of the same. After due written notice by certified mail, return receipt requested, being served upon the owner and occupant of the property and on others pursuant to the site plan approval procedures as set forth in § 150-16E(2), the Planning Board shall have the authority to convene a public hearing for the purposes of considering revocation of the site plan approval. Following the closure of a public hearing scheduled upon the same, the Planning Board may revoke such site plan approval if no correction of the same is initiated within a period of 60 days after the Building Inspector has issued such a notice of violation. However, such sixty-day time period shall be shortened to such a period of time as the circumstances shall require in the event that an emergency condition exists as a result of said violation.
(3)
Notwithstanding the revocation procedure set forth above, nothing in this section shall restrict the enforcement of such violations by any other additional lawful means, including, but not limited to, the measures set forth in § 150-31 of this chapter.
I.
Expiration. A site plan approval by the Planning Board shall expire within 180 days of the date of such approval in the event that a building permit has not been applied for within such period and granted within an additional sixty-day period, except that the Planning Board shall have the power to extend site plan approval for a period of up to two years from the date of original resolution of approval upon request.