The Planning Board/Zoning Board of Appeals is hereby charged with carrying out the review and approval functions provided for in § 274-a of New York State Town Law: to review and approve, approve with modification and/or conditions to site plans and the establishment of specified activities by motion, which shall constitute the Planning Board/Zoning Board of Appeals' decision.

The applicant for a site plan review shall have the burden of demonstrating that the proposed regulated activity will be conducted in accordance with the standards and requirements set forth in this chapter.

Whenever the approval of a site plan is required by any provision of this chapter (see Article VI, with particular attention to § 350-31, and Article VIII, with particular attention to §§ 350-41 and 350-42, and Articles IX and X, a proposed site plan must be submitted to the Planning Board/Zoning Board of Appeals for its review and approval, prior to issuance of any building permit.

The above notwithstanding, no building permit shall be issued for any proposed improvements that would be in violation of use restrictions, required yard setbacks, lot coverage limits or any other provisions of this chapter or the New York State Fire Prevention and Building Construction Code, or its successors, or New York Public Health Law.

Application for site plan review shall be made in writing to the Code Enforcement Officer on forms available from the Code Enforcement Office. (NOTE: Any additional forms required will be adopted by the Town Board from time to time as needed.) Such an application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the Code Enforcement Officer, including but not limited to a scaled site plan prepared to a scale of not smaller than one inch to 50 feet, and in sufficient detail and accuracy so as to accurately depict the placement of all component parts of project (including guy wires or enclosures) in relation to, and certified by a licensed engineer or land surveyor, that contains the following minimum information:

In addition to the above, the Planning Board/Zoning Board of Appeals may require other information related to the proposal, including but not limited to:

The Planning Board/Zoning Board of Appeals reserves the right to request additional information related to the above submission materials as considered reasonably necessary and may choose to waive specific requirements in certain situations. The application shall not be complete until its adoption by a motion of the Planning Board.

The Planning Board/Zoning Board of Appeals shall make a determination under SEQRA (see Environmental Conservation Law § 8-0113) and comply with the State Environment Quality Review Act.

Each application for a site plan review shall be accompanied by an application fee, as established from time to time by the Town Board. This fee shall be in addition to any other fee required for the application under any other laws of the Town of Italy.

The location, size, design and general site compatibility of proposed buildings, landscaping, lighting, open spaces and buffers and outdoor waste facilities;

The location and adequacy of vehicular access and circulation, including intersections, road widths, pavement surfaces, off-street parking and loading areas, and traffic controls;

The location and adequacy of pedestrian and bicycle access and circulation, and appropriate provisions for persons with disabilities;

The potential effect of the proposed development on environmentally sensitive features within the site, such as stream courses, steep slope areas, mature woodlands, views, wetlands and other bodies of water;

The potential effect of the proposed development on the drainage patterns on and off the site, especially the impact of stormwater runoff from cleared forest areas, fields, steep slopes, roofs, parking areas, driveways, and other impervious surfaces;

In the case of multiple residence site plans, location and adequacy of any proposed open space and recreational facilities;

Protection of adjacent neighboring properties from any undue disturbance, such as may be caused by excessive or unreasonable noise, glare, shadow flicker, vapors, smoke, fumes, dust, odors and stormwater runoff;

Compliance with this chapter and any other applicable Town rules and regulations and policies;

The adverse impact that the proposed development may have on existing views by constructing any structure, facility, building, tower, or chimney that extends higher than the tops of the existing adjacent trees or 35 feet as measured from the average grade (in nonforested areas), or exceeds 5,000 square feet in gross ground-floor area (building footprint), or requires the clearing of more than 43,560 square feet of land (see also Article VIII);

The permanent impact that the proposed development may have on existing views by that development requiring any daytime white strobe or nighttime red flashing illumination/ marker aviation warning lights;

The proposed use is compatible with the character of land uses in the surrounding area and will not adversely impact the existing or anticipated future character of the surrounding neighborhood including viewsheds.

Consultation. At its sole discretion, the Planning Board/Zoning Board of Appeals may consult with/retain agencies or individuals, including but not limited to the C.E.O., Fire Commissioners, Highway Superintendent, the Town's Attorney, the Town's consulting engineer, the Town's consulting planner, individual professional consultants and/or engineers, other local, county, and regional officials, in addition to representatives of federal and state agencies, including but not limited to the Natural Resource Conservation Service, Yates County Soil and Water Conservation District, the New York State Department of Transportation, the New York State Department of Environmental Conservation, the New York State Department of Health, and the Canandaigua Lake Watershed Commission. Any expenses incurred by any consultation or professional services required by the Town for the review process shall be paid by the applicant. The applicant will be informed in advance and made aware of the estimated cost.

Determination. The Planning Board/Zoning Board of Appeals will conduct a preliminary review of the proposed site plan no later than 62 business days from the receipt by the Clerk of the Planning Board/Zoning Board of Appeals, or his designee, of an application. The application will not be deemed complete until an adoption of its motion by the Planning Board/Zoning Board of Appeals.

Public hearing. Upon its determination that an application is complete by resolution of the Planning Board/Zoning Board of Appeals, the Planning Board/Zoning Board of Appeals shall hold a public hearing no later than 45 business days from said determination. The public hearing shall be advertised by publishing and posting in the Town newspapers at least 10 business days before the date of the meeting.

Decision. The Planning Board/Zoning Board of Appeals shall render a decision on the proposed site plan, within 62 days after the public hearing, to be carried out by the C.E.O. The Planning Board/Zoning Board of Appeals' action shall be in the form of a written statement to the applicant stating whether or not the proposal is approved, or approved with modification and/or conditions or disapproved.

Every site plan review approved pursuant to this chapter shall include the following conditions:

If no decision is made within 62 calendar days following the conclusion of the public hearing, the proposal shall be considered approved, as submitted.

If the project has not materially commenced within one year, the site plan review approval will terminate.

After receiving approval, with or without conditions, from the Planning Board/Zoning Board of Appeals on a site plan, the applicant shall submit a final, detailed site plan to the C.E.O. for verification before a building permit will be issued. If more than six months has elapsed since the time of the Planning Board/Zoning Board of Appeals' decision on the final proposal and the issuance of the building permit, the Planning Board/Zoning Board of Appeals may require a resubmission of the proposal.

A final site plan shall conform to the approved proposal. It shall incorporate any conditions or modifications that were made by the Planning Board/Zoning Board of Appeals in its review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

The following additional information must accompany a final site plan:

If at any time subsequent to the approval of a final site plan by the Planning Board/Zoning Board of Appeals an applicant or property owner desires to modify the site plan as approved, an application with the revised site plan shall be submitted to the Planning Board/Zoning Board of Appeals for its consideration of approval. The Planning Board/Zoning Board of Appeals shall hold a public hearing on said application of the proposed site plan, and impose any conditions, modifications or additional requirements upon the approval as it may determine appropriate in the furtherance of this chapter and the Comprehensive Plan.

Notwithstanding the foregoing, if the proposed modification of a site plan previously granted final site plan approval is not in violation of any conditions imposed by the Planning Board/Zoning Board of Appeals in its original grant of final site plan approval and it involves the shift of the location of one or more buildings or facilities or structures a distance not exceeding 10 feet in any one direction from the location shown on the final site plan as approved; provided, however, that such a shift does not result in an encroachment on any required yard setback or buffer area, and the proposed shift does not alter the location of any proposed points of ingress into or egress from the site, or proposed traffic flow within the site; or if the modification of the final site plan approval involves construction of or alteration to less than 500 square feet of interior space or construction which results in the increase in the amount of square feet of an existing building or facility by less than 10%, whichever is less; construction, alterations or renovations to the exterior of a building or facility without any change in building footprint, provided said alterations do not affect the size and locations of windows or doorways, or are changes necessitated by New York State Fire Prevention and Building Construction Code or its successors; or involves construction of or relocation of three or fewer parking spaces, such modification may be made without approval by the Planning Board/Zoning Board of Appeals of a modified site plan, upon receipt of a building permit.[1]