Hyde Park City Zoning Code
§ 108-9.3
Procedure.
A.
Application. Application for site plan approval or amendment to a previously approved site plan shall be made in the form and manner specified in Article 30, together with the fee set forth in the fee schedule adopted by the Town Board.
B.
Referral. If an agency response is not included in the documentation and has not been received by the Secretary to the Planning Board within the requisite thirty-day period, the Planning Board may act on the application without such report.
C.
SEQRA.
(1)
Any use requiring site plan approval shall be deemed to be either a Type 1 or unlisted action. If there is any other involved agency, the action shall undergo coordinated review.
(2)
An application for a site plan approval shall not be deemed complete until the lead agency has adopted a finding of no significant adverse environmental impact (negative declaration) or until a DEIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.
D.
Presubmission conference.
(1)
The purpose of any presubmission conference shall be:
(2)
Any presubmission conference shall be held during a workshop meeting of the Planning Board and attended by the applicant, his professional representative and the Zoning Administrator; such a conference may be held outside the workshop meeting at the discretion of the Planning Board.
(3)
Within six months following a Planning Board presubmission conference, the applicant shall prepare an administratively complete application for site plan review and submit such application to the Zoning Administrator. If such application is not submitted within this six-month period, an additional presubmission conference shall be arranged. In the event that a complete application for site plan review has not been submitted to the Zoning Administrator within a period of one year from the date of the Planning Board's pre-submission conference, the application, at the discretion of the Planning Board, shall be deemed to be abandoned and a new application, following the procedures set forth in § 108-9 of the Code, together with the payment of new application fees, shall be required for the proposed project.
[Amended 10-17-2016 by L.L. No. 9-2016]
E.
Site plan review.
(1)
The Planning Board shall hold a public hearing on any site plan review.
(a)
Such hearing shall take place within 62 days from the date that the Planning Board receives a complete application for site plan review.
(b)
The Planning Board shall mail notice of said hearing to the applicant and to the owners of the properties within 150 feet of all property lines of the proposed site plan at least 10 days before said hearing and shall give public notice of said hearing in a newspaper of general circulation in the Town at least five days prior to the date thereof.
(2)
No decision shall be made prior to full compliance with the SEQRA regulations as codified in 6 NYCRR Part 617.
(3)
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions shall be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.
[Amended 8-24-2009 by L.L. No. 2-2009]
(a)
The Planning Board may require all approvals from any involved local, county, state or federal agency to be submitted in writing to the Planning Board before site plan approval is granted.
(4)
Within five business days after a decision is rendered, the decision shall be filed in the office of the Town Clerk and a copy thereof mailed to the applicant.
(a)
The decision of the Planning Board shall be recorded in accordance with the standard forms adopted by the Planning Board and shall fully set forth the circumstances of the case.
(b)
A complete record of the findings on which the decision is based, consistent with the Town's record management program, shall be filed with the Town Clerk.
(c)
No site plan approval shall be considered final until it is signed by an authorized officer of the Board. If the site plan is conditionally approved, the Planning Board shall empower a duly authorized officer to sign the plan, subject to completion of such requirements as may be stated in the resolution conditionally approving the plan and authorizing such signature. Upon completion of such requirements, the final site plan shall be signed by the duly authorized officer of the Planning Board. Conditional approval of the final site plan shall expire 180 days after the date of the resolution granting conditional approval, unless such requirements have been certified as completed. The Planning Board may extend the time in which a conditionally approved site plan must be submitted for signature if, in its opinion, such extension is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each.
[Added 8-24-2009 by L.L. No. 2-2009]
F.
Reservation of parkland. Before the Planning Board may approve any site plan containing residential units, such site plan shall also show, when required by such Board, a park or parks suitably located for playground or other recreational purposes.
(1)
The Planning Board shall not require land for park, playground or other recreational purposes until it has made a finding that a proper case exists for requiring such a park or parks. Such a finding shall include an evaluation of the present and future needs for park and recreational facilities in the Town based on the projected population growth to which the particular site plan will contribute. Such findings shall include supporting documentation from the Recreation Commission and shall provide an individualized determination that such required dedication or reservation is related both in nature and extent to the impact of the proposed site plan.
(2)
In the event the Planning Board makes a finding pursuant to the preceding subsection that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purpose, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof, in the amount established in the current schedule of fees adopted from time to time by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown in the site plan that could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited in the Town of Hyde Park Recreation Trust Fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. In the event the Planning Board makes a finding pursuant to the preceding subsection that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purpose, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof, in the amount established in the current schedule of fees adopted from time to time by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown in the site plan that could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited in the Town of Hyde Park Recreation Trust Fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
(3)
Notwithstanding the foregoing provisions, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 276 of the Town Law, the Planning Board shall credit the applicant with any land set aside or money donated in lieu thereof under such subdivision approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
G.
Area variance. Where a proposed site plan contains one or more features that do not comply with this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article 33 of this chapter without the necessity of a decision of the Zoning Administrator. In reviewing such application, the Planning Board shall provide a written recommendation concerning the proposed variance to the Zoning Board of Appeals.
H.
Financial security. The Planning Board shall require a letter of credit or other equivalent security sufficient to cover the cost of installation of the required infrastructure and improvements as estimated by the Planning Board on the recommendation of the Town Engineer.
I.
In the event an applicant, consultants or representatives for site plan review do not appear before the Planning Board in conjunction with its application for a period of one year for purposes of advancing the application process, the Planning Board shall cause a letter to be written to the applicant, the consultant(s) or its representative, at the address appearing on the site plan application, by certified mail, return receipt requested, requiring the applicant, its consultants and/or representatives to appear before the Planning Board at a regularly scheduled meeting to be set by the Planning Board to show cause as to the why the application should not be deemed abandoned. In the event the applicant fails to appear before the Planning Board, or upon appearing before the Planning Board fails to show good reason for not advancing the application process, the Planning Board, in its discretion, may declare the site plan application to be abandoned. In the event the application is deemed abandoned and the applicant still desires to seek approval of its site plan, the applicant must make a new application for site plan approval and pay all required application fees.
[Added 10-17-2016 by L.L. No. 9-2016]