Hyde Park City Zoning Code
§ 108-30.7
Other applications.
No application shall be received nor shall any application, if received, be considered by the Zoning Administrator to be complete if there are any existing violations of this chapter by the applicant for the lot contained in said application. The procedures and requirements are as follows:
A.
Planned unit development PUD concept plan. The Zoning Administrator shall review each application for administrative completeness and compliance with the requirements of this chapter.
(1)
Within five days of a determination that the application is administratively complete, the Zoning Administrator shall forward the application to the Town Board and the Planning Board.
(2)
The application, to be complete, shall include:
(a)
The name and address of the applicant and property owner(s) if other than the applicant.
(b)
The Tax Map, section and lot number of each lot contained in the application.
(c)
A written statement describing the nature of the proposed use and how it will serve to implement the intent and purposes of this chapter.
(d)
A sketch plan to scale, showing:
[1]
The size of the lot, and the zoning district in which it is located;
[2]
The scale, density and intensity of each proposed use and all existing uses on such lot;
[3]
The location of all existing and proposed uses on the lot;
[4]
The type and location of sewer and water service to the existing and proposed use;
[5]
The existing and proposed points of vehicular access;
[6]
The existing and proposed location of all pedestrian circulation and access;
[7]
The approximate location and size of all required and proposed off-street parking;
(e)
A completed long-form environmental assessment form.
(f)
An agricultural data statement, where applicable.
(3)
Referral to Planning Board. Within five days of a determination that the application is complete, the Zoning Administrator shall forward a complete copy of the application to the Planning Board for its review and recommendations.
(a)
The Planning Board shall provide the Town Board with a written recommendation within 62 days from the date of such referral.
(b)
Such recommendation shall fully set forth the Planning Board's reasons for recommending approval or denial, based on the Comprehensive Plan, the Zoning Map and the subdivision regulations where appropriate.
(c)
Such recommendation shall include all applicable SEQRA responses for a coordinated review.
(d)
The Planning Board shall not be required to hold a public hearing on any matter referred to it under these procedures.
B.
Subdivision. All subdivision applications shall be made to the Zoning Administrator in the manner and form required by Chapter 96 of this Code. The Zoning Administrator shall forward the application to the Planning Board within five days of determining it to be administratively complete. Any proposed subdivision that is requesting an area variance shall include an application for such variance with the application for subdivision.
C.
Special use permit. The Zoning Administrator shall review each application for completeness and compliance with the requirements of this chapter.
(1)
Within five days of a determination that the application is complete, the Zoning Administrator shall forward the application to the Planning Board.
(2)
The application, to be complete, shall include the same information as is required in § 108-30.7A(2).
(3)
Any proposed special use permit that is requesting an area variance shall include an application for such variance with the application for special use permit, which shall also be submitted to the Zoning Board of Appeals.
D.
Site plan approval. Prior to the filing of any application for site plan approval or amendment to a previously approved site plan, the applicant shall request in writing that the Zoning Administrator schedule a presubmission conference.
(1)
Presubmission conference.
(a)
Any written request shall include:
[1]
A cover letter addressed to the Zoning Administrator requesting a presubmission conference and listing all attachments;
[2]
One copy of a completed Part 1 of the full environmental assessment form providing all project information for the proposed land use; and
[3]
Three copies of a site plan to scale, conceptually describing each of the following elements to the extent that they are included in the proposed land use:
[a]
Existing conditions: Tax Map information, zoning information and sufficient topographical information, based on current USGS maps, to adequately describe the current environmental conditions prevailing on and around the lot;
[b]
Site development:
[i]
Parking: number of vehicles, impervious surface area and circulation included in any off-street parking;
[ii]
Means of access: locations, interior vehicle circulation, street or highway name on which the lot fronts, pedestrian circulation;
[iii]
Screening: location, height, material and purpose;
[iv]
Signs: location, size and purpose;
[v]
Landscaping: location, extent, height and purpose;
[vi]
Architectural features, location and dimensions of buildings: length, width, height, number of stories and total floor area;
[vii]
Physical features required for protect of adjacent lands; and
[viii]
Infrastructure proposed.
[4]
Any proposed site plan that is requesting an area variance shall include an application for such variance with the written request for a presubmission conference.
(b)
The Zoning Administrator shall review such application and make a determination as to the consistency of the proposed use with the scale and density requirements of this chapter. The Zoning Administrator shall advise the applicant of any discrepancies or conflicts and shall provide the applicant the opportunity to amend prior to the scheduled presubmission conference or to withdraw the written request.
[Amended 8-24-2009 by L.L. No. 2-2009]
(c)
Within 30 days of the date of such request, the Zoning Administrator, in consultation with the Planning Board, shall establish a workshop meeting or alternate time, date and place for said conference and so advise the applicant.
(2)
Site development review:
(a)
Date of filing. All applications for site development review shall be filed with the Zoning Administrator.
[1]
The Zoning Administrator shall examine each application for administrative completeness and, upon a finding that such application is administratively complete, the Zoning Administrator shall sign and date the same. Such date shall be deemed to be the date of filing for site plan approval.
[2]
Upon signing said application, the Zoning Administrator shall forward such administratively complete application to the Planning Board.
[a]
If the date of filing is 15 or more days prior to the next scheduled workshop meeting of the Planning Board, the application shall be placed on the agenda for said workshop meeting.
[b]
If the date of filing is less than 15 days prior to the next scheduled workshop meeting of the Planning Board, it shall be placed on the agenda for the next workshop meeting following said meeting.
(b)
Application contents.
[1]
Any application for site plan approval, to be complete, shall contain the following documentation:
[a]
One copy of each document contained in the presubmission conference request;
[b]
One copy of each document issued by the Planning Board as a result of the presubmission conference;
[c]
One copy of each response received from referrals;
[d]
One complete set of site development documentation, prepared, signed and sealed by a professional licensed to practice in the State of New York, fully describing each of the elements of § 108-9.4 identified in the presubmission conference, to the extent necessary for construction purposes.
[i]
All drawings and specifications shall be developed to construction document quality.
[ii]
Only those site development documents that relate to the specified elements of § 108-9.4 shall be included, with appropriate explanations for any nonrelevant pages, sections or sheets that interrupt the sequence of identification.
[iii]
Each site development document shall bear the following information for identification:
[A]
The title of the project;
[B]
The street location of the project followed by the words "Town of Hyde Park, Dutchess County, New York";
[C]
The names and addresses of the property owner, the applicant, the project developer and the licensed professionals responsible for the preparation of the site development documents;
[D]
The document title of the particular portion of the project to which each document relates;
[E]
The tax section map lot number for each lot contained in the application;
[F]
A unique alpha/numeric designation for each page, section or sheet of the documentation;
[G]
The scale of each drawing;
[H]
A North arrow for each plan view;
[I]
The date when the document was prepared and the dates and identification of each subsequent revision thereto; and
[J]
The seal and signature of each licensed professional involved in the preparation of said document.
[2]
Upon notification that the Zoning Administrator has signed and dated the application for site development review as complete, the applicant shall deliver seven additional copies of such complete application to the Planning Board office for use during its review.
E.
Adult entertainment use shall also include:
(1)
A copy of any current certificate of occupancy.
(2)
The owner's affirmation that:
(a)
All minors will be excluded by reason of age and that suitable notice and enforcement of this requirement will be identified;
(b)
No loudspeakers or sound equipment will be employed that can be discerned by a person in any public or semipublic area not on the subject lot;
(c)
No odor, noise, vibration, smoke, dust, heat, or glare that exceeds the average level in the immediate vicinity, and detectable beyond the property line of subject lot, will be produced; and
(d)
No use, storage or disposal of any hazardous material will be involved.
(3)
An identification of each of the following:
(a)
The scale of the proposed use;
(b)
The number of persons to be employed;
(c)
The estimated number of vehicle trips that will be generated by customers, clients and sales representatives per week and per day;
(d)
The number and location of parking spaces to be provided;
(e)
The location and design of all signs proposed; and
(f)
The specific use type or subtype for which the application is being made.
(4)
A drawing to scale identifying the total square footage of the building, any accessory structure, and the lot which will be devoted to the adult entertainment use, and all of the following uses within 500 feet of the subject lot:
F.
Referrals. The Zoning Administrator shall forward one copy of any administratively complete application to each of the following, as applicable:
(1)
Dutchess County Department of Planning and Development. A full statement of the proposed action, as defined in § 239-m of the General Municipal Law.
(2)
Dutchess County Department of Public Works or the Regional Office of the New York State Department of Transportation, as applicable. Any application that proposes development or improvement of an access to a county or state highway shall be forwarded to the appropriate agency for its review and comment.
G.
Time limit. Each agency to which a referral is made shall be permitted 30 calendar days, from the date of such referral, in which to respond.
(1)
The Zoning Administrator shall append such response to the applicable documentation.
(2)
The Zoning Administrator shall forward a copy of such response to the applicant.
(3)
If such response is not received by the Zoning Administrator within such thirty-day period, the application shall be deemed complete without such report.
H.
For the purpose of maintaining accurate and current data for its records and for professional review by its consultants, and to evaluate such data in the context of a geographic information system, the Planning Board may, in its discretion, require that plans, maps and other data required for planned unit development, special use permit and site plan applications under this chapter, and all updates and revisions to such plans, maps and data, be submitted in an electronic format in addition to the otherwise required paper submissions.
[Added 2-25-2008 by L.L. No. 1-2008]
(1)
The Planning Board may waive the electronic format submission requirement for particular applications or types of applications where the electronic data would not be useful to the Board or its consultants in their review of the application.
(2)
The Planning Board may from time to time specify the specific format and type of electronic submission it requires for each type of application.
(3)
The Planning Board may waive the electronic format submission requirement upon a showing upon competent evidence that the requirement will cause the applicant substantial economic hardship.