Horseheads Town City Zoning Code
ARTICLE XIII
Site Plan Review Procedure
§ 204-74 Intent.
The intent and purpose of a site plan review are to evaluate specified land uses in terms of their suitability to natural site conditions, their compatibility with surrounding land uses and their conformance with overall plans for the community, thus minimizing possible adverse effects on the health, safety and welfare of local residents. The following uses are subject to site plan review: all uses requiring the issuance of a building permit in any district, except for one- or two-family dwellings and related accessory uses or a general farming use permitted in Residence AA, Residence A and Agricultural and Hill District, shall require the preparation of a site plan.
The Code Enforcement Officer shall refer the site plan to the Planning Board for its review and approval in accordance with the standards and procedures set forth in this article.
§ 204-75 Statutory authority.
The power to approve, approve with conditions or deny site plans for specified uses as required by this chapter is vested in the Planning Board. Section 274-a of the Town Law provides the legislative authority for the Town Board to designate the Planning Board to review site plans. Prior to the issuance of a building permit for the construction of a specified use, the Code Enforcement Officer shall refer the site plan and supporting documentation to the Planning Board for its review and approval in accordance with the standards and procedures set forth in this article. All site plans shall be prepared by a licensed architect or engineer unless specifically waived by the Planning Board. The waiver shall depend upon the complexity of the site and the structure(s) as related to the land use.
§ 204-76 Preapplication conference.
The purpose of this step is to afford the person applying for a use subject to site plan review an opportunity to consult early and informally with the Planning Board in order to save time and money and to make the most of opportunities for desirable development. This conference can be used by the Planning Board and applicant to review the basic site design concept, to discuss site characteristics (advantages and limitations), to determine the information to be required on the preliminary site plan and to address environmental concerns as required by SEQR.
Developers of land adjoining state or county highways are advised to consult with the district engineer of the New York State Department of Transportation or the County Highway Superintendent at this stage in order to resolve problems of street openings or stormwater drainage at the earliest possible stage in the design process. The Planning Board shall advise the developer of areas of particular concern which have been identified at the preapplication conference that must be detailed in the preliminary site plan application. The Planning Board may, at this time, and at its discretion, waive any preliminary requirements which are clearly not relevant to the proposed development.
Preapplication conference information. At the preapplication conference, the applicant should provide the data described below in addition to a statement or rough sketch describing what is proposed. Although this step is not required, developers are encourage to provide the Planning Board with a plan showing as much detail as is available at this stage.
An area map showing:
The applicant's entire holdings and that portion of the applicant's property under consideration.
Existing natural features such as water bodies; watercourses; ditches, swales and other drainage facilities; wetlands; wooded areas; individual large trees; and flood hazard areas.
[Amended 9-14-2005 by Res. No. 107-2005]
Zoning districts, certified agricultural districts and school districts.
Special improvement districts (water, sewer, light, fire, drainage and the like).
Easements.
All properties, their ownership and uses, subdivisions, streets, zoning districts, easements and adjacent buildings within 500 feet of the applicant's property.
A map of site topography at no more than five-foot contour intervals. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two feet of elevation should also be provided.
§ 204-77 Preliminary site plan.
An application for preliminary site plan approval shall be made in writing to the Code Enforcement Officer to be submitted to the Planning Board for its review and approval. For the purpose of this chapter, the submission date shall be taken as the first regular Planning Board meeting following the submission. The application shall be accompanied by information drawn from the following checklist as determined necessary by the Planning Board. In the event that a preapplication conference was not requested, the Planning Board may, at this time and at its discretion, waive any preliminary requirements which are clearly not relevant to the proposed development.
Preliminary site plan information. The preliminary site plan information required shall be as follows:
All information as requested at a preapplication conference [§ 204-76C(1) and (2)].
The title of the drawing, including the name and address of the applicant and person responsible for the preparation of such drawing.
North arrow, scale and date.
Boundaries of the property plotted to a scale of not more than 100 feet to one inch.
Existing natural features such as watercourses; water bodies: ditches, swales and other drainage facilities; wetlands; wooded areas; individual large trees; and flood hazard areas. Features to be retained in the development should be indicated.
[Amended 9-14-2005 by Res. No. 107-2005]
A grading plan showing existing and proposed contours.
A stormwater pollution prevention plan as described in Chapter 166, Stormwater Management and Erosion and Sediment Control.
[Amended 9-14-2005 by Res. No. 107-2005]
An erosion control plan if a stormwater pollution prevention plan is not required.
[Amended 9-14-2005 by Res. No. 107-2005]
The location and proposed development of all buffer areas, including existing vegetative cover.
A general landscaping plan and planting schedule.
The location and size in acres of proposed land uses; the location, proposed use and height of all buildings; and building orientation and site design for energy efficiency.
The approximate location and dimensions of areas proposed for neighborhood parks or playgrounds, or other permanent open space.
The location and design of all streets, parking and truck loading areas, entrances and exits.
Provision for pedestrian access.
The location, size, design and construction materials of all proposed signs and lighting facilities.
The location, design and construction materials of all existing and proposed on-site or nearby improvements, including drainage, culverts, waterlines, sewers, bridges, retaining walls, fences and easements, whether public or private.
The location of any outdoor storage, if any.
A drainage plan if a stormwater pollution prevention plan is not required.
[Amended 9-14-2005 by Res. No. 107-2005]
A description of the method of sewage disposal and the location design and construction materials of such facilities.[1]
[1]
Editor's Note: Former Subsection A(19), which listed the location and design for stormwater management facilities as information required for a preliminary site plan, was repealed 9-14-2005 by Res. No. 107-2005. This resolution also provided for the renumbering of former subsection A(20) to A(26) as Subsection A(19) to A(25), respectively.
A description of the method of securing water supply and the location and design and construction materials of such facilities.
The location of fire and other emergency zones, including the location of fire hydrants.
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
A designation of the amount of building area proposed for retail sales or similar commercial activity.
The lines and dimensions of all property which is offered or to be offered for dedication for public use with the purpose indicated thereon and of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the development.
Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution.
Required fee. An application for preliminary site plan review and approval shall be accompanied by a fee in an amount as set forth from time to time by resolution of the Town Board. No further fee is required at the final detailed site plan stage.
[Amended 10-4-1995 by L.L. No. 5-1995]
Planning Board review of preliminary site plan. The Planning Board's review of a preliminary site plan shall include, as appropriate, but is not limited to, the following:
General considerations.
Compatibility of development with natural features of the site and with surrounding land uses.
Floodproofing and prevention measures consistent with floodplain regulations.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation for aesthetic qualities.
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
The location, arrangement, appearance and sufficiency of off-street parking and loading.
The location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
Building orientation and site design for energy efficiency.
Buffers to protect neighboring properties against noise, glare, unsightliness or other objectionable features.
Open space for play areas, informal recreation and the retention of natural areas such as wildlife habitats, wetlands and wooded areas.
The adequacy of fire lands and other emergency zones and the provision of fire hydrants.
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
The adequacy of erosion control methods.
[Amended 9-14-2005 by Res. No. 107-2005]
The adequacy of sediment control facilities.
[Amended 9-14-2005 by Res. No. 107-2005]
The adequacy of stormwater and drainage facilities.
[Amended 9-14-2005 by Res. No. 107-2005]
The adequacy of sewage disposal facilities.
[Amended 9-14-2005 by Res. No. 107-2005]
Consultant review. The Planning Board may consult with the Town Code Enforcement Officer, Fire Commissioners, other local and county officials and its designated private consultants in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
Public hearing. The Planning Board may conduct a public hearing on the preliminary site plan. If a public hearing is considered desirable by a majority of the members of the Planning Board, such public hearing shall be conducted within 62 days of the submission of the application for preliminary site plan approval and shall be advertised in a newspaper of general circulation in the Town at least five days before the public hearing.
[Amended 10-4-1995 by L.L. No. 5-1995]
Planning Board action on preliminary site plan.
Within 62 days of the public hearing or such longer period as may have been mutually agreed upon, the Planning Board shall act on it. If no public hearing has been called, the Planning Board shall act on it within 62 days of the submission of the application for preliminary site plan approval.
If no decision is made within said period, the preliminary site plan shall be considered approved. Notwithstanding the preceding, the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, disapproved or approved with modifications and shall be filed with the Town Clerk and Code Enforcement Officer.
[Amended 10-4-1995 by L.L. No. 5-1995]
The Planning Board's statement may include recommendations of desirable modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission as a new application to the Planning Board after it has been revised or redesigned.
§ 204-78 Final site plan.
After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit a final, detailed site plan to the Planning Board for approval. If more than six months has elapsed since the time of the Planning Board's action on the preliminary site plan, and if the Planning Board finds that conditions may have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
The final site plan shall conform substantially to the approved preliminary site plan. It should incorporate any modifications that may have been recommended by the Planning Board in its preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
The following additional information shall accompany an application for final site plan approval:
Public hearing. The Planning Board may conduct a public hearing on the final site plan. If a public hearing is considered desirable by a majority of the members of the Planning Board, such public hearing shall be conducted within 62 days of submission of the application for final site plan approval and shall be advertised in a newspaper of general circulation in the Town at least five days before the public hearing.
[Amended 10-4-1995 by L.L. No. 5-1995]
Planning Board action on final detailed site plan. Within 62 days of receipt of the application for final site plan approval, the Planning Board shall render a decision to the Code Enforcement Officer. If no decision is made within the sixty-two-day period, the final site plan shall be considered approved. Notwithstanding the preceding, 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 10-4-1995 by L.L. No. 5-1995]
Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of final site plan and shall forward such copy to the Code Enforcement Officer.
Upon disapproval of a final site plan, the Planning Board shall so inform the Code Enforcement Officer and the Code Enforcement Officer shall deny a building permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval.
Specifications for improvements shown on the site plan shall be those set forth in this chapter and in other ordinances, rules and regulations as adopted by the community.
§ 204-79 Referral of plan to county agency.
Prior to taking action on the final site development plan, the Planning Board shall refer the plan to the County Bureau of Planning for advisory review and a report in accordance with § 239-m of the General Municipal Law.
§ 204-80 Costs.
Costs incurred by the Planning Board or the Town for consultation fees, advertising expenses or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant.
§ 204-81 Performance guaranty.
No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. The sufficiency of such performance guaranty shall be determined by the Planning Board after consultation with the Code Enforcement Officer, Town Attorney or other competent persons.
§ 204-82 Inspection of improvements.
The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with other officials and agencies, as appropriate.
§ 204-83 Compliance with other provisions.
Whenever the particular circumstances of a proposed development require compliance with either the special use procedure in this chapter or the requirements of Chapter 175, Subdivision of Land, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.
§ 204-84 Appeal.
The applicant or any interested person may appeal a decision of the Planning Board. The appeal is made to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after filing of a decision with the Town Clerk.