Kingsbury City Zoning Code
ARTICLE IX
Site Plan Review
§ 280-49 Purpose.
The purpose of this article is to allow the proper integration into the community of uses listed in Article V of this chapter which may be suitable within a zoning district only on certain conditions and only at appropriate locations. Because of their characteristics or the special characteristics of the area in which they are to be located, these uses require special consideration so that they may be properly located and planned with respect to:
A.
The objectives of this chapter.
B.
Their effect on surrounding properties.
C.
The ability of the Town to accommodate the growth resulting from the proposed use without undue adverse effect on the Town and its citizens and taxpayers, and the protection of health, safety and welfare of the Town and its citizens.
§ 280-50 Applicability of article.
[Amended 3-13-2000 by L.L. No. 4-2000]
A land use or development involving a use listed in Article V as site plan review or in Article VI hereof shall not be undertaken unless and until the Planning Board has approved or approved with conditions such use and the Code Enforcement Officer has issued a required permit for such land use or development pursuant to the terms of Article IX hereof.
§ 280-51 Authorization to approve or disapprove site plan.
In accordance with § 274-a of the Town Law, the Planning Board is authorized to review and approve, approve with modifications or disapprove site plans prepared to specifications set forth in this chapter and in regulations of the Planning Board showing the arrangement, layout and design of the proposed use of the land shown on such plan.
§ 280-52 Application for review.
[Amended 3-13-2000 by L.L. No. 4-2000]
Application for project approval shall be made to the Code Enforcement Officer using forms supplied by the Officer. Applications shall include reasonably sufficient information for the Officer to make his or her finding under § 280-54 of this chapter and shall be submitted in 10 copies.
§ 280-53 Sketch plan.
[Amended 3-13-2000 by L.L. No. 4-2000]
A sketch plan conference may be held at the advice of the Code Enforcement Officer between the Planning Board, or its designee, and the applicant prior to the preparation and submission of a formal site plan application. The intent of such conference is to enable the applicant to inform the Planning Board of his proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant should provide the following:
A.
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features, anticipated changes in the existing topography and natural features and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.
B.
A sketch or map of the area which clearly shows the location of the site with respect to nearby street rights-of-way, properties, easements and other pertinent features.
C.
A topographic or outdoor map of adequate scale and detail to show site topography.
§ 280-54 Procedure.
A.
Application to the Code Enforcement Officer.
[Amended 3-13-2000 by L.L. No. 4-2000]
(1)
Not later than 10 days following receipt of a complete application for a project listed as site plan review, the Code Enforcement Officer shall notify the Planning Board of such receipt and shall furnish a copy of the project application.
(2)
Information.
(a)
When a sketch plan conference is held, the accompanying information shall be drawn from the following checklist as deemed necessary by the Planning Board at said sketch plan conference. In the event that a sketch plan conference was not held, the applicant shall provide information for all applicable items on the following checklist.
(b)
The site plan checklist shall read as follows:
[1]
Title of drawing, including name and address of applicant, owner of property and person responsible for preparation of such drawing.
[2]
North arrow, scale and date.
[3]
Boundaries of the property plotted to scale and adjacent property owners.
[4]
Existing watercourses.
[5]
Grading and drainage plan showing existing and proposed contours.
[6]
Location, design and type of construction, proposed use and exterior dimensions of all buildings.
[7]
Location, design and type of construction of all parking and truck loading areas showing access and egress.
[8]
Provision for pedestrian access.
[9]
Location of outdoor storage, if any.
[10]
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
[11]
Description of the method of sewage disposal and location, design and construction materials of such facilities.
[12]
Description of the method of securing water and location, design and construction materials of such facilities.
[13]
Location of fire and other emergency zones, including the location of fire hydrants.
[14]
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
[15]
Location, size and design and type of construction of all proposed signs.
[16]
Location and proposed development of all buffer areas, including existing vegetative cover.
[17]
Location and design of outdoor lighting facilities.
[18]
Identification of the location and amount of building area proposed for retail sales or similar commercial activity.
[19]
General landscaping plan and planting schedule.
[20]
An estimated project construction schedule.
[21]
Record of application for and approval status of all necessary permits from state and county officials.
[22]
Identification of any state or county permits required for the projects execution.
[23]
Other elements integral to the proposed development as considered necessary by the Planning Board.
[24]
If applicable, a stormwater pollution prevention plan in accordance with the Town of Kingsbury stormwater regulations.
[Added 12-18-2006 by L.L. No. 7-2006]
B.
Planning Board schedules optional hearing. Within 31 days of its next regular meeting following the receipt of a complete application by the Code Enforcement Officer, the Planning Board shall hold a public hearing if the Planning Board deems a public hearing is necessary. In determining whether a public hearing is necessary, the Planning Board shall be guided by the expected level of public interest in the project and the possibility of an eventual disapproval. No site plan review project may be disapproved unless a hearing shall have first been held on the project application. The Planning Board shall give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof.
[Amended 3-13-2000 by L.L. No. 4-2000]
C.
Planning Board decision. Within 31 days after a required public hearing or within 31 days after initial review of a complete application where no public hearing was required, the Planning Board shall render a decision. Said decision shall be in the form of an approval, approval with conditions or disapproval based on the criteria and procedures cited in Articles V and VI of this chapter. The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations:
(1)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(2)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(8)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(9)
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(10)
No approval, or approval with conditions, shall be granted until the Planning Board determines the applicant is in compliance with all other provisions of this chapter.
D.
Filing of decision.
[Amended 3-13-2000 by L.L. No. 4-2000]
(1)
The decision of the Planning Board shall immediately be filed in the office of the Town Clerk and a copy thereof mailed to the applicant. The decision shall contain such findings of fact as are required by § 280-55 hereof. The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings, whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that guidelines as to intensity of development as provided in this chapter shall be respected. The Planning Board may impose reasonable conditions to ensure that the project will be adequately supported by services and improvements made necessary by the project and to ensure that the project will be completed in accordance with the requirements and conditions authorized under § 280-51 of this chapter. In addition, the Planning Board may require that the Code Enforcement Officer incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.
(2)
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, the Code Enforcement Officer and file the same with the Town Clerk.
(3)
Upon disapproval of a site plan, the Planning Board shall so inform the Code Enforcement Officer and the Code Enforcement Officer shall deny a required 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.
§ 280-55 Requirements for approval.
In order to approve any site plan review use, the Planning Board shall find that:
A.
The use complies with all other requirements of this chapter, including the dimensional regulations of the zoning district in which it is proposed to be located.
B.
The use would be in harmony with the general purpose and intent of this chapter, specifically taking into account the location, character and size of the proposed use and the description and purpose of the district in which such use is proposed, the nature and intensity of the activities to be involved in or conducted in connection with the proposed use, and the nature and rate of any increase in the burden of supporting public services and facilities which will follow the approval of the proposed use.
C.
The establishment, maintenance or operation of the proposed use would not create public hazards from traffic, traffic congestion or the parking of automobiles or be otherwise detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use or be unduly detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the Town.
D.
The project would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Town or upon the ability of the public to provide supporting facilities and services made necessary by the project, taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the project. In making this determination, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein, and in so doing, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in § 280-56 of this article.
§ 280-56 Development considerations.
The following are those factors which relate to potential for adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Town of Kingsbury. These factors, listed above, shall be considered, as provided in this chapter, before any site plan review project is undertaken in the Town. Any burden on the public in providing facilities and services made necessary by such land use and development or subdivision of land shall also be taken into account, as well as any commercial, industrial, residential, recreational or other benefits which might be derived therefrom.
A.
Natural resource considerations shall be as follows:
(5)
Critical resource areas.
(a)
Rivers and corridors of rivers designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law.
(b)
Rare plant communities.
(c)
Habitats of rare and endangered species and key wildlife habitats.
(d)
Wetlands.
(e)
Unique features, including gorges, waterfalls and geologic formations.