Kinderhook City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 250-49 Enforcement.
§ 250-50 Zoning permits; site plan approval.
A.
A zoning permit from the Building Inspector and site plan approval pursuant to this article shall be required before any of the following activities shall be undertaken:
[Amended 8-8-2005 by L.L. No. 9-2005]
(1)
The erection of any building or structure shall be erected on any land in the Town of Kinderhook.
(2)
The moving or changing location of any building or structure erected on any land in the Town of Kinderhook.
(3)
The change in use of any existing building or structure erected on any land in the Town of Kinderhook.
(4)
The change in use of any land in the Town of Kinderhook.
(5)
The erection of a driveway or other accessway from commercial property to a highway owned, operated or maintained by the Town of Kinderhook shall be constructed. For the purposes of this section of the Code, "commercial property" is property which is used or occupied to generate income for the owner or occupant thereof. Property which is used for farm operations, as that term is defined in § 250-2 of the Code, is not commercial property for the purposes of this section of the Town Code.
B.
All applications for zoning permits shall be accompanied by 10 copies of a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot and such other information as may be required by the Building Inspector to determine compliance with this chapter. One copy of such plans, when approved by the Building Inspector, shall be returned to the owner upon the payment of a fee of $1 per $1,000 of estimated construction costs, but in no case shall such fee be greater than $1,000 nor less than $2.
[Amended 7-11-2005 by L.L. No. 8-2005]
C.
Site plan approval. The purpose of site plan approval is to determine that a proposed development subject to site plan approval is in compliance with the objectives of this chapter, creates no unhealthful or unsafe conditions, and does not adversely impact on adjacent land uses or the health, safety, or general welfare of the community.
(1)
Application requirements. Said site plan shall include the site layout and design of the specified use, containing elements to be considered by the Planning Board in accordance with Subsection C(2)(a) through (k) of this section. Five copies of said site plan, drawn to scale appropriate to the specified use as determined by the Planning Board, shall be filed by the applicant. A sketch plan conference may be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of the proposal prior to the preparation of the detailed site plan and for the Planning Board to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. Upon approval of the site plan, and at the written request of the applicant, two copies shall be submitted by the Planning Board to the Building Inspector.
(a)
The application for site plan approval shall be accompanied by information on the following checklist:
[1]
Name of the project, boundaries, date, North arrow and scale of the plan.
[2]
Name and address of the owner of record.
[3]
A vicinity map that shows the relationship of the proposal to existing community facilities which affect or serve it, such as roads, shopping areas, and schools, adjacent properties, and streets. The map shall also show all streets within 2,000 feet of the property. Such a sketch may be superimposed on a United States Geological Survey map of the area.
[4]
The location, design, type of construction, proposed use and exterior dimensions of all buildings and of all existing and proposed structures within the property, including all dimensions of height and floor area, all exterior entrances and all anticipated future additions and alterations.
[5]
The location of all proposed public and private ways, off-street parking areas, driveways, outdoor storage areas, sidewalks, ramps, curbs, paths, landscaping, walls and fences. Location, type and screening details for all waste disposal containers shall also be shown.
[6]
The location, height, size, materials and design of all proposed signs.
[7]
The location of all present and proposed utility systems, including the sewage or septic system; water supply system; telephone, cable and electrical systems; and storm drainage system, including existing and proposed drain lines, culverts, catch basins, headwalls, end walls, hydrants, manholes, detention ponds and drainage swales.
[8]
The erosion and stormwater control plan as described in Subsection (C)(2)(j).
[9]
Topographic lines and water sources such as ponds, lakes, wetlands and watercourses, aquifers, floodplains and drainage retention areas.
[10]
Traffic flow patterns within the site, entrances and exits and loading and unloading areas, as well as curb cuts on the site and within 100 feet of the site.
[11]
Location of fire and other emergency zones.
[12]
Other information reasonably related to the application that may be deemed necessary by the Planning Board.
[13]
An affidavit by the applicant for site plan approval that said applicant has sent the following notice to every owner of property located within 300 feet of the boundary of the property for which that applicant seeks site plan approval:
[Added 10-7-2002 by L.L. No. 4-2002]
"PLEASE TAKE NOTICE that the undersigned has applied to the Planning Board of the Town of Kinderhook for site plan approval for a change in use or for erection of structures on land which applicant owns and which is located within 300 feet of the boundary of property owned by you. Approval of this site plan by the Planning Board, if granted, might have an affect on your property or your use of it. You have the right to be heard by the Planning Board on the matter. For details on the application and the status of the application, you may contact the Clerk of the Planning Board of the Town of Kinderhook. | ||
|---|---|---|
Site Plan Approval Applicant | ||
(Address of Applicant) | ||
(Tel. No. of Applicant)" | ||
[a]
Said notice shall be addressed to the party shown on the Tax Map as the owner of said property at the address shown in the records maintained by the Tax Assessor of the Town of Kinderhook.
[b]
If the notice is undeliverable by the United States Postal Service, or delivery is refused by the address, no further notification is required of the applicant.
[14]
Lighting plans showing type, location and intensity of lights.
[Added 8-8-2005 by L.L. No. 14-2005]
(b)
A complete site plan application shall consist of an environmental assessment form or draft environmental impact statement; an agricultural data statement, if required; the required copies of said site plan; and the site plan application fee, as established by the Town Board.
(2)
Review standards. In each case where a proposed building or use requires site plan approval as provided in this chapter, the Planning Board shall determine that it is in compliance with the objectives of this chapter, creates no unhealthful or unsafe conditions, and does not adversely impact on adjacent land uses or the health, safety or general welfare of the community. The Planning Board shall consider the public health, safety and general welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and shall consider all applicable requirements of this chapter. The Planning Board shall also consider:
(a)
Traffic access: that all proposed accessways to and from streets are adequate but not excessive in number, adequate in width, grade, alignment and visibility, and not located too near street intersections. Use of shared driveways and cross-access between parking lots shall be used to reduce traffic congestion on public streets and to reduce the number of curb cuts. Driveways should be set back from intersections and separated from each other to reduce traffic conflicts.
(b)
Circulation and parking: that the interior circulation system is adequate to provide safe accessibility to all required off-street parking. The site plan should clearly indicate that safe on-site circulation is provided for not only vehicles, but bicycles, pedestrians, and buses as well. All parking lots and roads shall incorporate well-defined, clearly marked, and safe pedestrian crossings. The Planning Board can require the developer to reserve space for and build a continuous service road to the edge of the site if it is apparent that the adjacent property will be developed at a later time and a connection would ease congestion on the adjacent street.
(c)
Landscaping and screening: that parking and service areas are reasonably screened from view of adjacent residential districts and that buffer area and landscape requirements of this chapter are complied with.
(d)
Impact on adjacent land uses: that the location and dimensions of proposed buildings comply with provisions of this chapter and are consistent and harmonious with adjacent land uses and that architectural features are consistent and harmonious with adjacent land uses.
(e)
Topography: that existing topography of the site and the immediately adjacent property, as revealed by contours or key elevations, and proposed regrading of the site meet requirements of Chapter 215, Subdivision of Land, and that development preferably occur below the crest of a hill or a ridgeline, preserving the natural character of the profile of the land.
(f)
Drainage: that existing and proposed stormwater drainage facilities, sidewalks, curbs and curb cuts and similar structures meet requirements of Chapter 215, Subdivision of Land.
(g)
Town character: that significant aspects contributing to the overall character of the Town, such as historic resources, scenic vistas, open spaces and agricultural lands, shall be adequately preserved and that design standards as required in this chapter are complied with.
(h)
Existing vegetation: that all existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible. Where tree removal is required, special attention shall be given to planting of replacement trees.
(i)
Compliance with chapter: that the proposed uses comply with all other requirements of this chapter.
(j)
Erosion and sedimentation control: that the proposed use meets the following standards to prevent erosion and sedimentation. The applicant shall demonstrate that the following measures are employed in development of the site:
[1]
Minimize site alteration/land clearing.
[a]
Site/building design shall preserve natural topography outside of the development footprint to reduce unnecessary land disturbance and to preserve natural drainage channels on the site.
[b]
Clearing for utility trenching shall be limited to the minimum area necessary to maneuver a backhoe or other construction equipment. Roots should be cut cleanly rather than pulled or ripped out during utility trenching.
[c]
Tunneling for utilities installation should be utilized wherever feasible to protect root systems of trees.
[2]
Minimize cut and fill in site development.
[a]
Development envelopes for structures, driveways, wastewater disposal, lawn areas and utility work shall be designated to limit clearing and grading.
[b]
Other efforts to minimize the clearing and grading on a site associated with construction activities shall be employed, such as parking of construction vehicles, offices/trailers, stockpiling of equipment/materials, etc., in areas already planned for permanent structures.
[c]
Topsoil shall not be stockpiled in areas of protected trees, wetlands, and/or their vegetated buffers.
[d]
Finished grades should be limited to no greater than a 2:1 slope, while preserving, matching, or blending with the natural contours and undulations of the land to the greatest extent possible.
[3]
Employ proper site management techniques during construction.
[a]
Best management practices shall be employed to avoid detrimental impacts to existing vegetation, soil compaction, and damage to root systems.
[b]
The extent of a site exposed at any one time shall be limited through phasing of construction operations. Effective sequencing shall occur within the boundaries of natural drainage areas.
[4]
Protect the site during construction through adequate erosion and sedimentation controls.
[a]
Temporary or permanent diversions, berms, grassed waterways, special culverts, shoulder dikes or such other mechanical measures as are necessary may be required by the Board to intercept and divert surface water runoff. Runoff flow shall not be routed through areas of protected vegetation or revegetated slopes and other areas. Temporary runoff from erosion and sedimentation controls shall be directed to best management practices such as vegetated swales. Retaining walls may be required where side slopes are steeper than a ratio of 2:1.
[b]
Erosion and sedimentation controls shall be constructed in accordance with the standards found in the publications:
[i]
Guidelines for Urban Erosion and Sediment Control: New York 1991;
[ii]
Reducing the Impacts of Stormwater Runoff from New Development, New York State DEC, Bureau of Water Quality Management, 1992;
[iii]
Controlling Agricultural Nonpoint Source Water Pollution in New York State: A Guide to Selection of Best Management Practices to Improve and Protect Water Quality, New York State DEC, Division of Water, Bureau of Technical Services and Research, 1991;
[iv]
SPDES general permit for stormwater discharges from construction activities, New York State DEC, Division of Water, 1993; and
[v]
Individual Residential Wastewater Treatment Systems Design Handbook, New York State Department of Health, 1996.
[c]
Erosion control measures shall include the use of erosion control matting, mulches and/or temporary or permanent cover crops. Mulch areas damaged from heavy rainfalls, severe storms and construction activity shall be repaired immediately.
[d]
Erosion control matting or mulch shall be anchored where plantings are on areas subject to mulch removal by wind or water flows or where side slopes are steeper than 2:1 or exceed 10 feet in height. During the months of October through March, when seeding and sodding may be impractical, anchored mulch may be applied at the Board's discretion.
[e]
Runoff from impervious surfaces shall be recharged on the site by stormwater infiltration basins, vegetated swales, constructed wetlands or similar systems covered with natural vegetation. Runoff shall not be discharged directly to rivers, streams, or other surface water bodies. Dry wells shall be used only where other methods are not feasible. All such basins and wells shall be preceded by oil, grease, and sediment traps. The mouths of all catch basins shall be fitted with filter fabric during the entire construction process to minimize siltation, or such basins shall be designed as temporary siltation basins with provisions made for final cleaning.
[f]
The applicant shall be required to conduct weekly inspections of all erosion and sedimentation control measures on the site to ensure that they are properly functioning, as well as to conduct inspections after severe storm events.
[5]
Revegetate the site immediately after grading.
[a]
Proper revegetation techniques shall be employed using native plant species, proper seed bed preparation, fertilizer and mulching to protect germinating plants. Revegetation shall occur on cleared sites within seven calendar days of final grading and shall occur during the planting season appropriate to the selected plant species.
[b]
A minimum of four inches of topsoil shall be placed on all disturbed surfaces which are proposed to be planted.
[c]
Finished grade shall be no higher than the trunk flare(s) of trees to be retained. If a grade change of six inches or more at the base of the tree is proposed, a retaining wall or tree well may be required.
(k)
Lighting. Light fixtures should be fully shielded to eliminate glare and off-site light. Light intensity shall not exceed an average of two footcandles, and the light sources shall produce clear white light. Lighting fixtures should be traditional in design. There shall not be uplighting. Parking lot lights shall not exceed 20 feet in total height. Only minimal lighting shall be allowed 1 1/2 hours after closing.
[Added 8-8-2005 by L.L. No. 14-2005]
(3)
Planning Board action on site plan.
(a)
Upon receipt of all application materials, the Planning Board shall initiate the New York State environmental quality review process by following the procedures described in Section 617.6 of Title 6 of the New York Codes, Rules and Regulations of the State of New York.
(b)
The Planning Board shall also require an agricultural data statement to be filled out if the site is within a designated State Agricultural District and will review it in accordance with the requirements of the Agriculture and Markets Law.
(c)
The site plan review application shall also be referred to the Columbia County Planning Board as required by § 239-m of the General Municipal Law.
(d)
The Planning Board shall hold a public hearing within 62 days from the day an application is received and give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof.
(e)
The Planning Board shall make a decision on the application within 62 days after such hearing.
(4)
Decisions. The Planning Board shall render a decision, file said decision with the Town Clerk, and mail such decision to the applicant, with a copy to the Building Inspector.
(a)
Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward a copy to the applicant and the Building Inspector and file same with the Town Clerk.
(b)
Upon disapproval of a site plan, the Planning Board shall so inform the Building Inspector, and the Building Inspector shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. Such disapproval shall be filed with the Town Clerk.
(c)
Conditions attached to approval of site plans. The Planning Board shall have the authority to impose reasonable conditions to its approval to fulfill the purposes of this chapter. Upon its approval of a site plan, any such conditions must be met in connection with the issuance of an occupancy permit by the Building Inspector. The Planning Board shall notify the applicant and Building Inspector of its conditional approval and file same with the Town Clerk.
(5)
Performance guarantees. The Planning Board may approve site plans, subject to the condition that the applicant complete the public improvements shown thereon. "Public improvements," as that term is used in this section, shall mean those improvements which are required to be included in the site plan by the Planning Board to protect the health, safety, and general welfare of the public and include but are not limited to streets, highways, street and highway markers and monuments, sidewalks, streetlighting standards, curbs, gutters, trees, water mains, fire alarm signal devices, sanitary sewers, storm drains, and structures and devices necessary to prevent fire, flood, drainage or other menace to neighboring properties or the general public. A performance bond or other security sufficient to cover the full cost of the same as estimated by the Planning Board shall be provided to the Town by the applicant. The form of the security shall be that which is provided in § 277, Subdivision 9(c), of the New York State Town Law. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient guarantee has been posted for the improvements not yet completed. The performance guarantee shall be posed in accordance with the procedures specified in § 274-a of the Town Law. The Planning Board shall specify the time frame for completion of improvements. In the event that any required improvements have not been installed as required above, the Town may declare the applicant in default and collect the sum payable thereunder. Upon receipt of the proceeds of the performance guarantee, the Town shall install or cause to be installed the required improvements.
(6)
The Planning Board may adopt such rules and regulations as it deems necessary, consistent with the provisions of this subsection, to exercise the power granted herein.
(7)
Plats showing lots, blocks or sites which are subject to review pursuant to the authority adopted under Chapter 215, Subdivision of Land, shall continue to be subject to such review and shall not be subject to such review under this subsection.
(8)
Expiration, revocation and enforcement.
(a)
A site plan approval shall expire if the applicant fails to obtain the necessary building permits or fails to comply with the conditions of the site plan approval within 18 months of its issuance or if the special use permit with which it is associated expires. The Planning Board may, at its discretion, grant extensions.
(b)
A site plan approval may be revoked by the Planning Board if the permittee violates the conditions of the site plan approval or engages in any construction or alteration not authorized by the site plan approval.
(c)
Any violation of the conditions of a site plan approval shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.
(9)
Failure to complete as approved. Once a site plan is approved by the Planning Board, the building(s) or use shall be completed in accordance with all specifications and conditions so approved by the Planning Board. This may include, but not be limited to, architecture, building materials, drainage, physical dimensions and placement, safety and health considerations, and structures. If the applicant wishes, for any reason, to alter the approved specifications and conditions, it must apply to the Planning Board for approval of these changes. Failure to complete the project in accordance with those approved conditions and specifications will subject it to the penalties contained within § 268 of the New York State Town Law.
[Amended 9-9-2002 by L.L. No. 2-2002]
(10)
Amendments to previously approved site plans.
[Added 10-19-2009 by L.L. No. 3-2009]
(a)
Any proposed amendment to a final site plan previously approved by the Planning Board shall be subject to the same approval procedure as provided by this chapter. A proposed change that affects the intent or character of the development may be cause for reconsideration of the entire site plan.
(b)
Upon submission of a site plan application that identifies the proposed modification in detail, the Planning Board, on its own initiative, or at the request of the applicant, may determine, in its sole discretion, whether the proposed change is minor and in keeping with the intent and character of the previous site plan approval and any conditions thereto. Upon a determination by the Planning Board that the proposed modification is a minor modification, the Planning Board may waive any of the procedural steps for site plan approvals for such minor. The fee for a minor modification is $25.
§ 250-51 Compliance with state requirements; referral to County Planning Board.
A.
The Planning Board shall comply with all provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations for all zoning permits, special use permits, site plan approval, or subdivision approval. The Town of Kinderhook shall also ensure that the visual assessment form be filled out, reviewed, and considered during each required environmental review.
B.
All applicants for any Town permit or approval that might result in disturbance to a wetland or watercourse shall, as early as possible in the application process, apply to the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers, if appropriate, for any applicable permits. Prior to approval of any application, the Planning Board shall ensure compliance with all applicable state and federal regulations relating to wetlands and watercourses and shall minimize damage to wetlands and watercourses by imposing appropriate conditions on any approval, including the modification in size and scope of a proposed project, as well as changes in the location of structures or other improvements on the parcel.
C.
Prior to the issuance of special permits, approval of site plans, or granting of use or area variances, the Planning Board or Zoning Board of Appeals shall refer the application to the Columbia County Planning Board for review pursuant to § 239-m of the New York General Municipal Law. In addition, any application that is located within 500 feet of any of the following shall be referred to the Columbia County Planning Board: the boundary of a village or town, an existing or proposed county or state park or any other recreation area, the right-of-way of any existing or proposed county or state highway, the boundary of an existing or proposed state-owned land on which a public building or institution is situated, or the boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.