Kingston Town City Zoning Code
ARTICLE IV
Site Plan Review
§ 425-11 Purpose.
The purpose of the site plan review process is to ensure the orderly and safe arrangement, layout and design of a proposed project. The site plan review process is intended to ensure that development occurs in accordance with the goals of this chapter.
§ 425-12 Applicability.
All land use activities which meet one or both of the criteria below shall, prior to the issuance of a building permit or certificate of use or occupancy, receive site plan approval from the Planning Board, pursuant to the procedures and standards of this article.
§ 425-13 Procedure.
A.
Submission and review.
(1)
Presubmission conference.
(a)
Prior to the submission of a formal site plan, the applicant or his designated agent shall meet in person with the Planning Board to discuss the proposed Site Plan and to determine the specific items and level of detail of the submission requirements necessary for review of the required site plan. The Planning Board shall inform the Code Enforcement Officer of the submission requirements.
(b)
Within one year following the presubmission conference, an application for site plan approval and any related information shall be submitted to the Code Enforcement Officer, in as many copies as may be agreed upon during the presubmission conference. The Code Enforcement Officer shall determine the completeness of the application, including whether any variances are required. The site plan shall be accompanied by a fee in accordance with the schedule established by the Town Board. If not submitted within this one-year period, another presubmission conference shall be required.
(2)
Preliminary approval.
(a)
Upon submission, the Planning Board shall review an application for preliminary approval of a site plan. Such review shall be based on submission of data stipulated by the Planning Board from Subsection C, Required submission data, below, at the presubmission conference, which shall be sufficient to determine whether the proposed site plan generally conforms to the objectives and standards of this chapter.
(b)
The purpose of preliminary approval shall be to indicate general agreement with the design of the site, including building locations, parking layout, location of entrances and exits and general landscaping treatment and utility design prior to preparation of detailed engineering plans. Granting of preliminary approval may not be unreasonably withheld, but may include recommended modifications, which shall be considered conditions of final approval. Plans substantially revised or previously undisclosed information may alter the Board's basis for preliminary approval.
(3)
Final approval.
(a)
The Planning Board shall act within 62 days to certify the application as complete or return it to the applicant for completion or revision. Applications shall not be deemed complete until the requirements of the State Environmental Quality Review Act (SEQRA) have been met.
(b)
Upon determination that an application is complete, the Planning Board may forward it to the Fire Chief, Superintendent of Highways, and where required, to the County Planning Board, County Department of Public Works, and any other agency that it deems appropriate.
(c)
At least 10 days before a public hearing thereon, applications must be referred to the Ulster County Planning Board in accord with § 239-m of Article 12-B of the General Municipal Law when the subject site is within 500 feet of a municipal boundary, a recreation area, a state or county highway, a county drainage channel or a state or county building. In the event a public hearing is not required, such proposed action shall be referred before final action is taken thereon. No action shall be taken by the Planning Board on such an application until an advisory recommendation has been received from the County Planning Board or 30 calendar days have elapsed since the County Planning Board received such full statements.[1]
(d)
When a hearing is to be held by the Planning Board relating to site plan review and approval on property that is within 500 feet of an adjacent municipality, the Planning Board shall give notice by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any such hearing pursuant to § 239-nn of the General Municipal Law.[2]
(e)
In the event a public hearing is required, the Planning Board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this section. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before said hearing and shall give public notice of said hearing in a newspaper of general circulation in the Town at least five days prior to the date thereof and shall make a decision on the application within 62 days after such hearing, or after the day the application is received if no hearing has been held. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and such board. The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant. Nothing herein shall preclude the holding of a public hearing on any matter on which a public hearing is not so required.
(f)
Amendments to a previously approved site plan shall be acted upon in the same manner as the original site plan.
(g)
No approval shall be granted until the Planning Board has made an appropriate determination in accordance with the State Environmental Quality Review Act (SEQRA).
B.
Time limit on validity of approval. Approval of a site plan by the Planning Board shall be valid for a period of one year from the date thereof for the purpose of obtaining a building permit. Failure to secure a building permit during this period shall cause the site plan to become null and void. Upon request by the applicant, the Planning Board may extend the time limit of the validity of the approval to not more than two years from the date of original approval.
C.
Required submission data. Each application for site plan approval shall be submitted in the number of copies and form prescribed by the Board, accompanied by a fee in accordance with a schedule adopted by the Town Board, and shall include the following basic and additional data noted below. The Planning Board, at the request of the applicant, may waive such information as it deems not relevant to its review or which would cause unusual hardship to obtain.
(1)
Basic data.
(a)
Legal data.
[1]
The names of all owners of record of the property in question and of all adjacent property and the lot, block and section number of such properties as shown on the Town Tax Assessment Maps.
[2]
Boundaries of the property and line of existing streets and lots as shown on the Tax Assessment Maps. Reservations, easements and areas dedicated to public use shall be shown.
(b)
Existing buildings. A plan showing the location of existing buildings on the site and on adjacent property if within 100 feet of the property line.
(c)
Development data.
[1]
Title of development, date, North point, scale, name and address of record owner, and name of preparer.
[2]
The proposed use or uses of land and buildings and proposed height and location of buildings.
[3]
All existing and proposed means of vehicular ingress and egress to and from the site onto public streets.
[4]
The location and design of any off-street parking areas or loading areas.
[5]
The location of all proposed water lines, valves and hydrants and of all sewer lines or alternative means of water supply and sewage disposal and treatment.
[6]
The proposed location, direction, power and hours of operation of proposed outdoor lighting.
[7]
The proposed screening and landscaping plan.
[8]
Proposed storm water drainage systems and erosion control plans.
[9]
The location, height, size and design of any signs.
[10]
Building locations and elevations.
[11]
Pedestrian circulation systems.
(2)
Additional data which may be required. Where, due to special conditions peculiar to a site, or the size, nature and complexity of the proposed use or development of land or buildings, the Planning Board finds that all or portions of the additional data listed below are necessary for proper review of the application, it may require any or all of the data below to be included in the required submission.
(d)
Development data. All proposed lots, easements, and public and private recreation areas. All proposed streets with profiles indicating grading and cross-sections showing width of sidewalk and locations and size of utility lines. All lengths shall be in feet and decimals of feet, and all angles shall be given to the nearest 10 seconds or closer.
(e)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 329, Stormwater Management, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 329, Stormwater Management. The approved site plan shall be consistent with the provisions of this chapter.
[Added 6-1-2009 by L.L. No. 1-2009]
§ 425-14 Reimbursement of costs.
[Amended 8-17-2016 by L.L. No. 4-2016]
A.
Costs incurred by the Planning Board for consultation and other professional fees in connection with the review of a proposed plan shall be charged to the applicant. Such fees shall be in addition to the application fee required in § 425-13C.
B.
Upon filing of an application, the Planning Board will review same to determine what need there may be for expert consultations and other professionals. The Planning Board shall request a sum to be held in a separate account in the name of the Town and shall keep a separate record of all such money disbursed and paid from the account. The applicant shall be provided with all records pertaining to the account.
C.
The Planning Board shall, from time to time, review the monies spent and likely additional expense and request such additional money as may be reasonably necessary.
D.
The consultants engaged by the Town shall submit vouchers on a monthly basis. Copies of said vouchers will be provided to the applicant.
E.
Failure of the applicant to submit such funds as requested: the Planning Board shall take no further action until the matter is resolved. Any distributions concerning the account may be submitted to the Town Board for review by the applicant or the Planning Board.
§ 425-15 Standards of site plan review.
In reviewing site plans, the Planning Board shall give consideration to the health, safety, and welfare of the public in general, and the residents or users of the proposed development and of the immediate neighborhood in particular; and the accomplishment of the following objectives:
A.
That all proposed pedestrian and traffic access ways are safe, of proper design and in compliance with the regulations of the responsible governmental agency as to width, grade, alignment, and visibility; location; and other similar safety considerations.
B.
That off-street parking and loading spaces are designed to prevent obstruction in public streets, and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services.
C.
That all exterior storage, parking and service areas are adequate in size and reasonably screened at all seasons of the year from the view of adjacent residential lots and streets.
D.
That existing trees, wooded areas, watercourses and other natural features shall be retained to the maximum extent possible consistent with the development plan.
E.
That all outdoor lighting is of such nature and so arranged as to preclude the diffusion of glare onto adjoining properties and streets.
F.
That the drainage and stormwater management systems are designed so as to prevent flooding, erosion and improper obstruction of drainageways.
G.
That the site plan and building design accommodates the needs of the disabled in conformance with state standards for construction concerning the disabled.
H.
That building mass and elevations and signage placement, design and size are in harmony with the purposes of the district in which the use is located.