Hyde Park City Zoning Code
§ 108-9.2
Purpose and applicability.
A.
Purpose. The purpose of this article is to establish a clear and expedient method for review of the elements that constitute the physical improvements necessary for those proposed uses of land and structures which have been identified in this chapter as necessary for the purposes established in Article 1.
(1)
Requirements applying to particular elements of a site plan are located in § 108-4.5, Site development standards.
(2)
Standards for consideration by the Planning Board in reviewing elements of a site plan are located in Article 5, District Regulations and Standards.
(3)
Site development review shall be required only after a project has been granted a special use permit for which site plan approval is a condition or when the site development regulations for a permitted use require the Planning Board's approval in regard to any optional site development elements that the applicant may wish to pursue. The particular elements, degree of documentation and parameters of discretion shall be established in the special use permit and the presubmission conference. All uses and the applicable scale and density shall be established as permitted prior to any review under this article. The dimensional and physical regulations and restrictions subject to approval by the Planning Board shall be the only matters considered in site development review.
[Amended 8-24-2009 by L.L. No. 2-2009]
B.
Applicability. No building permit shall be issued for the construction of any physical improvement on any lot for which site plan approval is required under this chapter until the Planning Board has approved, or approved with modifications, a site plan for such improvement. Site plan approval is required for:
(1)
Any use requiring a special use permit or site plan approval as specified in § 108-5.14, Schedule of Use Regulations.
(2)
Any storage of petroleum in underground tanks.
(3)
Any off-street loading area. See § 108-4.5A(1).
(4)
Any new use or construction, other than maintenance and repair, which is visible outside of the structure or visible from the interior of a structure which is in an historic overlay or scenic overlay as specified in § 108-3.1.2A and B or within the view of or from the Hudson River. This includes a use on a lot containing a place listed on the National or State Register of Historic Places or on an adjoining lot or on a lot directly across the street from such lot. Also refer to §§ 108-4.6 and 108-4.7.
(5)
Any unenclosed storage occupying more than 1,500 square feet of ground area.
C.
Certificate of occupancy. The Zoning Administrator shall ensure that any proposed element of site development that requires site plan approval under this chapter obtains such approval prior to issuing any certificate of occupancy for the use dependent on such element.
D.
Elements. Any site plan shall fully describe the arrangement, layout and design of all the elements applicable to the proposed use, including:
(1)
Any physical improvements, including: parking; means of access; screening; signs; landscaping; the architectural features, location and dimensions of buildings; adjacent land uses; and features meant to protect adjacent land uses.
(2)
Those physical improvements necessary for:
(a)
Infrastructure for purposes of ensuring and facilitating the adequate provision of water, sewer and storm drainage to the proposed development and the adjacent existing and future developments;
(b)
Vehicular and pedestrian circulation to and from adjacent lots;
(c)
Stormwater drainage to and from adjacent lots, including street and highway rights-of-way;
(d)
Vehicular corridor improvements and definition; and
(e)
Any additional elements specified by the Planning Board as a condition of a special use permit.
E.
Approval. If an approved site plan requires the construction or installation of infrastructure and improvements as a condition of the final site plan process, those improvements must be done in strict accordance with the approved site plan documents.
F.
Phasing. If a site plan is proposed to be built in phases, all phases of the project shall be shown on a master plan for the project, which will be the proposed action subject to environmental assessment under SEQRA. All perimeter landscaping shall be included in phase one. However, the Planning Board shall only approve the phase or phases in its site plan approval that can be commenced in one year and entirely completed in two years as required by § 108-9.6A. Subsequent phases will require an application for approval of site plan amendment.
[Added 8-24-2009 by L.L. No. 2-2009]