Kent City Zoning Code
ARTICLE XVII
Special Use and Site Plan Requirements
§ 77-59 Special use permits.
NOTE: The term "special use permit" shall also refer to any "conditional use permit" issued by the Planning Board or the Board of Appeals. The change in terms is intended to bring the usage into line with the term as used in the Town Law and is not intended to change or alter any rights under any valid conditional use permit that may have been issued.
A.
On application and after public notice and hearing, the Planning Board may authorize the issuance of a special use permit for any of the special uses for which this chapter requires such permit in the district in which such use is proposed to be located. In approving any such use, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
(1)
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
(2)
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated, will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties, will be free of nuisance characteristics and will not overcrowd the land either as proposed or as it may reasonably be expected to expand.
(3)
That, in addition to the above, in the case of any use located in or directly adjacent to a residence district:
(a)
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the residence district or conflict with the normal traffic of the neighborhood.
(b)
The location, height and architectural features of buildings; the location, nature, design and height of walls, fences and signs; and the nature and extent of landscaping on the site shall be such that the use will harmonize with its surroundings and will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(c)
The Planning Board or the Zoning Board of Appeals, as the case may be, may place reasonable limits on the hours of operation of any special use where said board determines that the operation or conduct of the use may impair or impede the quiet enjoyment of adjacent and nearby residential uses during the evening and nighttime hours.
(4)
That, in addition to the above, where the proposed use is near a church, school, theater, recreational area or any other place of public assembly, the operation thereof will not present any undue hazards to the users of said facilities.
B.
Each application for a special use permit shall be accompanied by the following:
[Amended 7-13-2009 by L.L. No. 4-2009]
(1)
A proposed site plan showing the size and location of the lot, the location of all buildings and proposed facilities, including access drives and parking areas, and all streets within 200 feet of the lot; and
(2)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Kent Town Code Chapter 66, Articles IV and V. The SWPPP shall meet the performance and design criteria and standards in Chapter 66, Article IV. The approved special use permit shall be consistent with the provisions of Chapter 66.
C.
Any use for which a special use permit is granted shall be deemed to be a conforming use in the district in which such use is located, provided that such permit shall affect only the lot or portion thereof for which such permit shall have been granted.
D.
All special use permits shall become null and void unless the holder thereof shall obtain within one year following the effective date for the resolution granting the same a certificate of occupancy or an extension of time, upon presentation of evidence sufficient for a determination by the Planning Board that extenuating circumstances warrant such extension.
E.
County referral. Prior to action on an application for a special use permit under this section, a copy of said application shall be forwarded to the Putnam County Planning Department for review pursuant to General Municipal Law § 239-m if the boundary of the property that is the subject of the application is located within 500 feet of:
(1)
The boundary of any city, village, or town; or
(2)
The boundary of any existing or proposed county or state park or other recreation area; or
(3)
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or
(4)
The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or
(5)
The existing or proposed boundary of any county or state owned land on which a public building or institution is situated; or
(6)
The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.
F.
Referral to neighboring municipalities. Pursuant to General Municipal Law § 239-nn, for a special use permit application involving property located within 500 feet of an adjacent municipality, notice of any public hearing shall be given by mail or electronic transmission to the Clerk of the adjacent municipality not less than 10 days prior to the date of said hearing.
G.
Notice to park commission. At least five days before such hearing, the Board of Appeals shall mail notices thereof to the parties and to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property for which an application for special use permit approval has been submitted.
H.
Agricultural data statement. An application for a special use permit must also contain an agricultural data statement if any portion of the project is located on property within an agricultural district containing a farm operation, or other property with boundaries within 500 feet of a farm operation located in an agricultural district. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district which contains farm property; and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
I.
Time of decision. The Zoning Board of Appeals shall make a decision within 62 days after the close of the public hearing.
§ 77-60 Approval of site plans.
A.
Purpose. The Town of Kent values the rural mixed-use character of the Town and wishes to encourage residential and nonresidential growth involving supporting adaptive reuse of existing structures and development of new structures, designs, and land uses that preserve the historic, scenic, and environmental character of the Town of Kent. To that end, the following regulations are intended to direct the development of land to accomplish this purpose.
B.
Consistency requirement. Before approving any use that is subject to special use permit or site plan review, the Planning Board must make a written finding that the proposed use, site layout, site design and architectural appearance will enhance and be protective of the aesthetic, historic and environmental features of the Town. In preparing a plan for development of land, the applicant shall give attention to the goals, objectives and the stated land use policies for the Town in the specific area in which the development is proposed. The Planning Board shall determine whether the site use, site design and architecture proposed by an applicant comply with the land use and environmental protection policies and objectives of the Town of Kent Master Plan.
C.
Applicability. Site plan approval by the Planning Board, in accordance with this section, is required for the following uses and activities:
(1)
All uses and uses accessory thereto which require site plan approval as set forth in this chapter.
(2)
All special use activities.
(3)
Any change of use involving a conforming use to another conforming use.
(4)
Any change of use involving a nonconforming use to another nonconforming use.
(5)
A change to an approved site plan or an approved subdivision plat where site plan approval was required.
(6)
Activities for which a use variance has been granted by the Zoning Board of Appeals.
(7)
New construction, extension, alteration, addition or change of use of land or structure.
(8)
Extension, alteration or additions to a nonconforming building.
D.
Exemptions and waivers for de minimis activities.
[Amended 5-3-2022 by L.L. No. 2-2022]
(1)
Waiver documentation requirements.
(a)
Completed waiver request; and
(b)
Recent as-built site survey or site plan that details at a minimum property boundaries, property topography, roadway(s), parking lot(s), and structures. The as-built survey or site plan shall be not more than five years old from the date of the waiver request; and
(c)
Recent as-built site survey or site plan, redline markup that details the location and type of proposed change(s).
(2)
De minimis waivers.
(a)
In the case of certain de minimis construction activities that would otherwise require site plan approval by the Planning Board, the Building Inspector is hereby authorized to issue building permits after review and recommendation by the Town Planner and without site plan approval by the Planning Board, provided:
[1]
The activity involves the construction of not more than 200 gross square feet of new construction for a use that is permitted in the district in which the property is located; and
[2]
The existing use of the property is a conforming use; and
[3]
The property is located in a business or a commercial district; and
[4]
The lot and all existing and proposed structures comply with the minimum lot and bulk requirements for the district in which the lot is located, or area variances have been issued by the Zoning Board of Appeals; and
[5]
Activity does not impact or occur in watercourses, wetlands or wetland setbacks.
(b)
This recommendation shall be made to the Planning Board and Building Inspector, in writing, after review by the Town Planner.
(3)
Site plan approval waiver.
(a)
In the case of a use conversion which does not require additional exterior construction or site modifications, or in the case of a site plan change involving less than 400 square feet of new construction, the Planning Board may determine that the site plan application procedures outlined herein are not applicable and may waive the requirement of a site plan review, in whole or in part, provided the Board determines:
[1]
The proposed change in use or site plan change will not result in additional traffic generation, or wastewater flows or water consumption beyond the existing system's capacity; and
[2]
The proposed change in use or site plan change will not affect pedestrian and traffic circulation, eliminate parking, or alter the height of the exterior facade; and
[3]
The lot and all existing and proposed structures comply with the minimum lot and bulk requirements for the district in which the lot is located, or area variances have been issued by the Zoning Board of Appeals.
(b)
This determination shall be made to the Building Inspector, in writing, after decision of the Planning Board.
(4)
De minimis exemptions. The following activities are exempt from site plan approval:
(a)
Construction, extension or alteration of a single-family dwelling and accessory structures thereto on a lot legally in existence as of the date of this chapter, or on a lot legally in existence as of the date of this chapter, or on a lot approved by the Planning Board for a single- family residential use pursuant to Chapter A81.
(b)
The seasonal planting, cultivation and harvesting of field crops, fruits, vegetables, and horticultural specialties, including nursery stock, ornamental shrubs, and ornamental trees and flowers, whether as part of an existing or a new or expanded agricultural operation, and not involving the construction or alteration of any structure.
(c)
Construction or alteration of the interior of a building or structure.
(d)
Routine property maintenance activities, including repainting, repair, and in-kind replacement.
E.
Where site plan approval is required by this chapter, no building permit or certificate of occupancy shall be issued by the Building Inspector until such plan has been approved by the Planning Board as provided herein. No premises shall be occupied or used and no certificate of occupancy shall be issued until all of the requirements of this chapter, and any condition of Planning Board approval, have been complied with.
F.
Applications.
[Amended 3-23-2009 by L.L. No. 2-2009]
(1)
An application for site plan approval shall be submitted to the Planning Board on forms provided by the Board for such purpose. The application shall be submitted to the Planning Board by 12:00 noon at least 21 days prior to the date set for the regular meeting of the Board, and shall be made prior to the application for a building permit. The application shall be complete and in a form acceptable to the Planning Board and shall be accompanied by a detailed site plan. The site plan shall use as a base map an accurate boundary and topographic survey of the property depicting all existing improvements and grades prepared by a New York State licensed land surveyor. The plan shall depict all proposed improvements and shall be prepared by a professional engineer, a landscape architect, or an architect licensed by the State of New York and shall include the following information:
(a)
A location map, at a convenient scale, showing the applicant's entire property and all boundaries, easements and streets within 500 feet thereof.
(b)
The location, size, use and architectural design of all existing buildings and structures.
(c)
The location of all property lines and structures within 200 feet of the property boundary, with topography extended 50 feet outward from the site property boundary and 200 feet outward along existing roads.
(d)
Any proposed division of buildings into units of separate occupancy.
(e)
Existing topography and proposed grade elevations at a contour interval of not more than two feet, unless waived by the Planning Board, soil types, wetlands and watercourses, one-hundred-year floodplains, bedrock outcrops, slopes in excess of 10%, and the location of trees with a diameter of eight inches dbh and greater.
(f)
The location and capacity or number of all existing and proposed roads, driveways, parking and loading areas, including access and egress drives.
(g)
The location of outdoor storage areas.
(h)
The location of fire access roads and fire protection features.
(i)
The location, description and design of all existing and proposed site improvements, including pavement, walkways, curbing, drains, culverts, retaining walls, fences, parks, open spaces, and recreation areas.
(j)
The location, design and description of water supply and sewage disposal facilities
(k)
The location, design and description of stormwater management facilities, including proposed grading plan.
(l)
The location, height, size and design of all signs.
(m)
The location, height, and species of landscape plantings on a landscape plan.
(n)
The location and design of lighting and communication facilities.
(o)
The location, type and design of all waste and refuse storage and handling facilities.
(p)
The character and location of all power distribution and transmission lines.
(q)
The location and description of all subsurface site improvements and facilities.
(r)
The extent and amount of cut and fill for all disturbed areas, including before-and-after profiles of typical development areas, parking lots, driveways and roads.
(s)
Adequate provisions for the handling of stormwater runoff, including retention/detention, piping or channeling to existing or proposed drainage systems during and after construction.
(t)
Phasing of development, if any.
(u)
A signature block for Planning Board endorsement of approval.
(v)
The name and address of the owner of the property proposed for development, along with the signature of said owner.
(w)
The name and address of the applicant, if different, along with the signature of said applicant.
(x)
At the request of the Planning Board, any other pertinent information as may be deemed necessary to determine and provide for the proper enforcement of this chapter.
(2)
Stormwater management.
(a)
No application for site plan approval shall be deemed complete unless it is accompanied by a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Kent Town Code Chapter 66, Articles IV and V. The SWPPP shall meet the performance and design criteria and standards in Chapter 66, Article IV. The approved site plan shall be consistent with the provisions of Chapter 66.
(b)
All site plans shall be compliant with the New York City Department of Environmental Protection regulations for stormwater discharges.
G.
Information waiver. The Planning Board may grant a waiver from the information requirements contained herein where it finds that such information is not relevant to, or is not otherwise required, to conduct the review of the application.
H.
Site plan design criteria. The criteria in Subsections J through U of this section, inclusive, are intended to provide a framework for development within which the site designer is free to exercise creativity, invention, and innovation while recognizing the historic scenic and visual qualities inherent to the Town of Kent. The Planning Board, in its sole discretion, shall determine the applicability of the criteria to each application for site plan and special use permit approval, and may waive or modify the application of the criteria to each application on a case-by-case basis. In addition, the Planning Board shall use its discretion to reconcile any conflicts between the site plan design criteria of this section and any specific district design standards. Unless waived or modified by the Planning Board, the following criteria shall be in addition to any other area and bulk requirement of this chapter.
I.
Relationship of structures and buildings to site.
(1)
In the site plan design, consideration shall be given to the use of traditional building forms and layouts which are evidence of the distinctive historic development of the area and, in particular, of any specially designated or recognized scenic and historic districts within the vicinity of the proposed development. The importance of local historic, architectural, environmental and other features of significance to the property and of nearby properties shall be recognized as an integral element in the review process.
(2)
The site shall be planned to accomplish a desirable transition with the streetscape to provide for adequate planting, safe pedestrian movement, and safe ingress and egress, and parking for vehicles.
(3)
Site planning in which setbacks and yards are in excess of minimum area and bulk requirements is encouraged to provide a variation in relationship between buildings.
(4)
Parking shall, wherever feasible, be located to the rear or sides of buildings so as not to interfere with the front landscape treatment.
(5)
Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and the existing, or anticipated, adjoining buildings. The Planning Board shall determine the visual compatibility of a proposed use or site plan change, including concerns for the proportion of the front facade, proportion and arrangement of windows and other openings within the facade (i.e., fenestration), roof shape and the rhythm and spacing of structures along the street front or roadway, including consideration of setbacks and the treatment of yards.
(6)
The Planning Board shall encourage the use of a combination of common materials, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles.
(7)
Newly installed and renovated utility services, and service revisions necessitated by exterior alterations, shall be underground unless otherwise allowed by the Planning Board.
J.
Relationship of nonresidential uses to residential uses and districts.
(1)
Site plans proposed for nonresidential uses adjacent to a residential district or a residential property shall be reviewed with regard to the impact of the development on that district. The Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the nonresidential use does not interfere with the quiet enjoyment of neighboring residential lands.
(2)
The Planning Board shall ensure that the design of each parking area provides adequate room for snow storage.
K.
Landscape, buffering and site treatment.
(1)
Where possible, natural or existing topographic features and patterns that contribute to the beauty and character of a site or neighborhood shall be preserved.
(2)
Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting appearance and shall be of such width, as determined by the Planning Board, to easily accommodate pedestrian movement.
(3)
Landscape treatment shall be provided to enhance architectural features, strengthen vistas and visual corridors and provide shade.
(4)
Unity of design shall be achieved by repetition of certain plant varieties and other materials and by coordination with adjacent developments.
(5)
Plant material shall be selected for interest in its structure, texture and color and in consideration of its ultimate growth pattern. Vegetation indigenous to the area and others that will be harmonious to the design and exhibit a good appearance shall be used.
(6)
In locations where plants will be susceptible to injury by pedestrian or motor traffic, appropriate curbs, tree guards, or other devices shall be installed and maintained. The Planning Board may require the use of markers to delineate curbing and other sensitive features to alert snow plow operators of the existence of such features and curbing.
(7)
Screening of service yards, commercial vehicles, commercial trailers, passenger vehicles, parking areas, refuse containers, and other places that tend to be unsightly, shall be accomplished by use of walls, fencing, planting, or combinations of these with all such enclosures being compatible in material, texture, and color with the principle building or buildings on the site.
(8)
Landscaping shall be designed and maintained so as not to create hazardous conditions.
(9)
Landscaping shall be maintained to preserve its original integrity and intended purpose during the life of the proposed use or project.
M.
Building design.
(1)
Proposed building design shall recognize compatible building forms indigenous to the community and the neighborhood in which the project is located. In particular, building design shall consider the historic character of the Town of Kent. Adaptive reuse of existing structures is strongly encouraged.
(2)
Materials proposed for new structures and the rehabilitation/redesign of existing structures shall have good architectural character and shall be selected for harmony with traditional building materials. Except when wholly impractical, natural materials shall be used.
(3)
Building components such as windows, rooflines, doors, eaves, and parapets shall have well-designed proportions and relationships to one another and be compatible with the historic character of the Town of Kent and the neighborhood setting of the proposed project.
(4)
Mechanical equipment such as air conditioners, satellite dishes, or other utility hardware located on roofs, the ground, or buildings shall be screened from public view with materials harmonious with the building, specified as to color so as to blend with their surroundings, or located so as not to be visible from any public way or lands.
N.
Parking and loading.
(1)
Parking shall not be located within a front, side or rear yard setback.
(2)
Parking areas, access aisles, and parking spaces facing or adjacent to property located in a residential district shall be set back an additional 15 feet from the minimum yard setback to provide a visual and noise buffer to such residentially zoned property. The fifteen-foot buffer shall be planted with a mixture of evergreen and deciduous plantings at a planted height so as to completely screen the parking area from neighboring properties and streets. In the case of practical difficulty, or where the Planning Board determines that the additional fifteen-foot buffer strip is unnecessary due to site conditions, the Board may reduce the depth of the buffer provided that the Board finds that such reduction will be at least as protective of property located in the residential district as the full-depth buffer. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
(3)
Parking areas and traffic ways shall be enhanced with landscaped islands, containing trees and tree groupings. The interior (i.e., nonperimeter) areas of a proposed parking area shall be appropriately landscaped, and for parking lots containing 20 or more parking spaces, such landscaping shall comprise not less than 15% of the land area of the proposed parking facility.
(4)
The Planning Board may allow parking spaces within a yard setback line if it finds that such parking will not detract from the aesthetic character of the area and is otherwise consistent with the purposes of this section.
(5)
Notwithstanding the requirements for off-street loading spaces as specified in Article XI of this chapter, the Planning Board may require additional space(s) for delivery vehicle loading, may require larger dimensions for each loading space, may require additional setback from adjacent buildings and structures, and may require larger dimensions and means of access for vehicles to such loading spaces than may be stated elsewhere in this chapter.
O.
Material and equipment storage and waste containers.
(1)
Material and equipment other than as shown on an approved site plan shall be stored so as to not be visible from adjoining or nearby properties and public roads. Storage of materials shall be within wholly enclosed structures approved for such use, or shall be screened from view by fencing or landscaping, or a combination of fencing and landscaping, as determined by the Planning Board. Accessory outdoor storage of materials shall be set back not less than 15 feet from any lot line, not more than 10 feet in height and suitably screened by a solid fence or other suitable means of at least six feet in height. Accessory outdoor storage shall be prohibited between the principal building and any street line.
(2)
Adequate facilities for disposal of refuse shall be provided. All refuse disposal units, or locations for deposit of refuse, shall be screened from view and designed so as to be fireproof and/or fire-retardant, and to prevent access by rodents, dogs and vermin such as cats. All such enclosures shall remain closed at all times, and shall be designed to prevent blowing of paper and refuse.
P.
Ecological considerations.
(1)
The proposal shall result in minimal degradation of unique or irreplaceable land types and in minimal adverse impact upon areas of environmental concern.
(2)
The proposal shall conform with the existing geological and topographic features, to the end that the most appropriate use of land is encouraged.
Q.
Drainage. The proposed development shall be so designed as to provide for proper surface water management through a system of controlled drainage that preserves existing drainage patterns and protects other properties and the environment. All drainage plans shall be reviewed and approved by the Planning Board Engineer.
R.
Traffic.
(1)
All entrance and exit driveways shall be located with due consideration for traffic flow, so as to afford maximum safety to traffic on public streets and shall meet all current design standards of the appropriate state, county or Town authority unless specifically waived or modified by that authority.
(2)
On-site circulation shall be designed for ease of use and to connect safely with adjoining properties where appropriate.
S.
Pedestrian circulation. Pedestrian circulation shall be separated from motor vehicle circulation. Appropriate walkways shall be provided on the site and its approaches as determined by the Planning Board.
T.
Architectural review. In addition to the requirements of this section and the Town subdivision regulations, during review of any site plan, the Planning Board may, at its discretion, consult with one or more persons or firms having experience in building architecture and design matters as to the appropriate design of building exterior facades, fenestrations, roof lines, lighting, massing, color and materials. In reviewing the architectural appearance of proposed buildings and landscaping, the Planning Board shall evaluate the compatibility of the proposed development with that found elsewhere in the vicinity of the project. The Board may, at its discretion, consult with one or more persons or firms having experience in landscape architecture and landscape planting as to the appropriate design of lawns and open spaces around proposed buildings and uses, and the appropriate species, size and number of plants to be installed. The architectural review authority of the Planning Board shall not be limited by the provisions of this section but shall extend to the full authority to conduct such reviews as may be conferred on the reviewing agency by the Town Law, the State Environmental Quality Review Act, and this chapter, as amended. The reasonable cost of any architectural review shall be borne by the applicant.
§ 77-61 Approval procedure.
The Planning Board shall follow the following procedure in reviewing and approving site plans:
A.
Public hearing and action.
(1)
When officially received. An application submitted under this section shall be deemed received at the next regular meeting of the Planning Board at which the application is to be considered. An application shall be placed on the Planning Board agenda only after payment of an application fee in an amount set by the Town Board, and any review fee that may be required by the Planning Board.[1]
(2)
Upon receipt of a site plan application, the Planning Board shall, at a regular meeting of the Board, determine whether to convene a public hearing on the application. Where the Board has determined that a public hearing will be held, it shall, within 62 days of receipt of a complete application, set a date for a public hearing. The Planning Board shall notify or cause to be notified, by certified mail, the following persons:
(a)
For projects located in the R-10 Residential District, the Commercial District, and the IOC District, all landowners within 100 feet of the boundary of the subject property.
(b)
For projects located in the R-40, the R-80, and the PRD Residential Districts, all landowners within 500 feet of the boundary of the subject property.
(c)
The Planning Board shall, not less than five days prior to the date of the public hearing, cause notice of the public hearing to be published in a newspaper(s) of general circulation in the Town.
(d)
The notice shall include the name of the project, the location of the project site, and the date, place, time and subject of the public hearing at which the site plan will be reviewed. Such notice shall not be required for adjourned dates. The records of the Assessor of the Town of Kent shall be deemed conclusive as to ownership, and the notice shall be deemed complete when deposited in a properly addressed postpaid envelope in the United States Mail not less than 10 days prior to the time of the public hearing.
(e)
The Planning Board may also provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that an application for a site plan approval is under consideration by the Board.
(3)
Preliminary site plan application procedure. Each application for site plan approval shall be considered preliminary. The Planning Board shall process the application and review the site plan in a manner and procedure similar to its authorized processing and review of subdivisions, except the Board may waive a public hearing on the preliminary site plan application. The Planning Board's findings regarding a preliminary application shall expire six months from the date of approval if no application for final approval is submitted within such period, except where such time limit is extended by mutual consent of the applicant and the Planning Board.
(4)
Final site plan application procedure. Application for final approval shall follow the same procedures as outlined in this section, and the Planning Board may waive other procedural matters and requirements it deems unnecessary at this stage. The Planning Board may waive a public hearing on the final site plan application.
(5)
County referral. Prior to action on an application for site plan approval under this section, a copy of said application shall be forwarded to the Putnam County Division of Planning for review pursuant to General Municipal Law § 239-m if the boundary of the property that is the subject of the application is located within 500 feet of:
(a)
The boundary of any city, village, or town; or
(b)
The boundary of any existing or proposed county or state park or other recreation area; or
(c)
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or
(d)
The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or
(e)
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or
(f)
The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.
(6)
Referral to neighboring municipalities. Pursuant to General Municipal Law § 239-nn, for a site plan permit review under this section involving property located within 500 feet of an adjacent municipality, notice of any public hearing shall be given by mail or electronic transmission to the Clerk of the adjacent municipality not less than 10 days prior to the date of said hearing.
(7)
Notice to park commission. At least five days before such hearing, the Board of Appeals shall mail notices thereof to the parties and to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property for which an application for special use permit approval has been submitted.
(8)
Agricultural data statement. An application for site plan approval must also contain an agricultural data statement if any portion of the project is located on property within an agricultural district containing a farm operation, or other property with boundaries within 500 feet of a farm operation located in an agricultural district. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district which contains farm property: and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
(9)
Time of decision. Within 62 days of close of the public hearing, or within 62 days of receipt of a complete application for which the Board has determined that a public hearing will not be held, the Planning Board shall approve, approve with modifications, or disapprove the site plan application. A copy of the Planning Board's decision shall be filed in the Office of the Town Clerk within five days of the date of such decision, and a copy shall be mailed to the applicant. In acting to approve, with or without modifications, a site plan application, the Planning Board may attach such conditions and safeguards as it deems necessary to ensure compliance with these regulations. .
(10)
Within 60 days of the date of final site plan approval, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modifications required by the Planning Board as a condition of approval. Upon verification by the Planning Board that the plan complies with the requirements of the approval, the plan shall be endorsed by the Planning Board Chairperson and properly filed with the Planning Board and the Building Inspector. The site owner or applicant shall not commence any site preparation, including but not limited to tree removal, removal of soil, grading, stockpiling of soil or other construction material, until the final site plan has been endorsed by the Planning Board Chairman.
B.
Findings. In rendering its decision concerning any site plan application, the Planning Board shall consider the nature, arrangement and appearance of all proposed structures, improvements and uses of the lot, including their potential impact on adjacent properties, architectural features and land uses such that:
(1)
They will have a harmonious relationship with the existing and planned development of contiguous lands and adjacent neighborhoods.
(2)
They will have no material adverse effect upon the desirability of such neighborhoods for the uses contemplated by this chapter.
(3)
They will be properly related to the uses, goals and policies for land development as expressed in the Town Comprehensive Plan.
(4)
Pedestrian and vehicular access, traffic circulation and the general layout of the site are properly planned with regard to the safety of vehicles and pedestrians using the site, as well as those on neighboring properties and streets.
(5)
New structures will be sited to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation on and off the site, and the impact of solar access to adjacent uses and properties.
(6)
The site plan shall reflect an awareness of and sensitivity to the views, terrain, soils, plant life and other unique qualities of the site and shall, to the extent practical, preserve and enlarge upon these assets for recreation, scenic or conservation purposes.
(7)
The proposed use, buildings and other structures, including outdoor storage areas, recreational areas, site development, landscaping and off-street parking and loading, shall conform to the requirements of this chapter, the Town subdivision regulations and all other Town laws.
C.
Time limit. The site plan approval shall be void if construction is not started within one year of the date of Planning Board approval, and completed within two years of the date of such approval. Prior to its expiration, the site plan approval may be renewed by written request of the applicant for up to two additional ninety-day periods.
D.
Performance bond or surety and inspection fee. The applicant may be required to post a performance bond in the form of a letter of credit, cash bond or surety bond in an amount sufficient to assure that all streets or other public improvements shown on the site plan are suitably graded and paved, and that street signs, sidewalks, streetlighting, curbs, gutters, street trees, water mains, sanitary sewers, fire alarm signal devices, including associated ducts, pipes, cable and connecting facilities, are installed in accordance with applicable standards, specifications, and procedures acceptable to the Town. Prior to commencement of work and as a condition of a building permit, the applicant shall pay an inspection fee in an amount as set from time to time by resolution of the Town Board.[2]
[Amended 4-20-2009 by L.L. No. 3-2009; 9-26-2017 by L.L. No. 3-2017]
E.
Site plan amendments. The Planning Board shall review any amendment to a previously approved site plan by following the procedures specified in this section and may grant waivers from the information and procedures specified herein where the Board has determined that the proposed amendment does not warrant a full site plan review or a public hearing. In addition, an amendment of a site plan that was approved as part of an application for special use permit approval shall be reviewed by following the procedures specified in this section without the necessity of following the procedures in § 77-60 where the use for which the special use permit was granted has not and will not change as a result of the site plan amendment.
F.
Inspections. The Building Inspector shall be responsible for inspecting required improvements during construction to ensure their satisfactory completion and, upon such completion, shall furnish the Planning Board with a statement to that effect. If the Building Inspector determines that any of the required improvements have not been constructed in accordance with the approved plan, the applicant shall be responsible for correcting and properly completing said improvements. Failure of the Building Inspector to carry out inspections of required improvements during construction shall not in any way relieve the applicant or the bonding company of their responsibilities related to the proper construction of such improvements.
G.
Any person aggrieved by any decision of the Planning Board may apply to the Supreme Court for review pursuant to § 274-a of the Town Law.
H.
Enforcement of approved site plans. The applicant, the landowner, and the contractor are all responsible for the successful implementation and completion of an approved site plan, including but not limited to:
(1)
Installation and maintenance of erosion control measures and/or a SWPPP as depicted on the approved plan;
(2)
Protection and preservation of nondisturbance areas, whether temporary or permanent, as depicted on the approved plan;
(3)
Reclamation of disturbed areas as depicted on the approved plan;
(4)
Installation and completion of site improvements in the location(s) and in the manner as depicted on the approved site plan unless approved as a "field change" amendment by the Building Inspector, the Planning Board Engineer, the Town Engineer, or the Planning Board, as the case may be;
(5)
Implementation and completion of environmental mitigation measures as required under any negative declaration or findings statement adopted for the project pursuant to Article 8 of the Environmental Quality Review Act (SEQRA), whether such mitigation measures are depicted on the approved site plan or not;
(6)
Implementation and completion of any other permits and approvals issued by any other agency.
I.
Responsible parties. The applicant, the landowner, and the contractor shall be jointly and severally liable for all costs incurred, including environmental restoration costs, resulting from noncompliance with the approved site plan. Approval of the site plan and commencement of any work related to the approved plan shall constitute express permission by the applicant and the landowner for the Building Inspector and/or her designee(s), or other authorized Town officials, to enter the property for the purposes of inspection for compliance with the approved site plan, whether or not any other permits have been applied for or issued for the project. The approval of the site plan and the commencement of work related to the approved plan is an express waiver of any objection to authorized Town official(s) entering the property for the purpose of conducting an inspection.
J.
Nuisance. Any deviation from the approved site plan, unless prior approved by the Building Inspector as a "field change" amendment pursuant to Subsection H(4) above, shall be deemed a public nuisance and may be restrained by an order to stop work, and/or injunction, and/or direct action by the Building Inspector and/or her designee(s), or other authorized Town officials, to abate the condition, and/or in any other manner provided by law. The Building Inspector may issue a stop-work order for the entire construction and site work/disturbance project, or any specified portion thereof, if the Building Inspector determines that any of the following conditions exist:
(1)
The erosion control measures and/or a SWPPP as depicted on the approved plan are not, or have not, been implemented or are not being properly maintained;
(2)
Nondisturbance and protected buffer areas as depicted on the approved plan are not, or have not, been adequately protected and preserved;
(3)
Disturbed areas are not, or have not, been reclaimed as depicted on the approved plan;
(4)
Site improvements are not, or have not, been installed in the location(s) and in the manner as depicted on the approved site plan and no approval for a "field change" amendment has been issued;
(5)
Environmental mitigation measures required for the project pursuant to approvals under Article 8 of the State Environmental Quality Review Act (SEQRA) are not, or have not, been implemented;
(6)
Other required permits and approvals from any other agency have not been issued or obtained by the applicant, the landowner, or the contractor.
K.
As-built plans. At the completion of construction, and prior to issuance of a certificate of occupancy, the owner/applicant shall provide to the Planning Board and the Building Inspector a certification prepared by a professional engineer licensed by the State of New York that all site work has been carried out and completed in substantial compliance with the approved site plan for the project. Additionally, the applicant shall provide to the Planning Board and the Building Inspector an as-built survey of the completed development.
L.
Site maintenance. The premises for which a site plan has been approved shall, at all times, be maintained in accordance with the approved site plan. Failure to keep the premises in a condition that is consistent with the approved site plan may result in a revocation of the certificate of occupancy for the premises. During construction and after the completion of construction, the project may periodically be inspected for conformance to the approved site plan, including maintenance of the landscaping and plantings required as part of the site plan approval. If there is nonconformance to the approved site plan, or if any of the conditions of site plan approval are not fulfilled, no certificate of occupancy shall be issued. Where a development project reverts to nonconformance with the approved site plan after issuance of the certificate of occupancy or certificate of compliance, the nonconformance shall be deemed a violation of this chapter.