Kirkland City Zoning Code

ARTICLE III

§ 118-11. Interpretation of Schedule A.

A. The uses which are permitted principal uses, site plan review uses and special permit uses for each zoning district are indicated in Schedule A, Columns 2, 3 and 4.8 In each of the districts, no building or premises shall be used and no building shall be erected or altered except for one or more of the uses listed in Schedule A, or elsewhere in this chapter, for that district and until application is made and approval granted for a building permit.

B. Any given use or modification, if shown in Columns 3 (site plan review uses), and 4 (special permit uses) of Schedule A, indicates that review and approval is required by both the Planning Board and the Zoning Board of Appeals. The specific process for obtaining approval in this instance is explained in §§ 118-13 and 118-14.

C. Any use and/or land development activity that may result in land disturbance equal to or greater than one acre shall meet the stormwater management, erosion and sediment control requirements specified in Chapter 100 of the Code of the Town of Kirkland.

§ 118-12. Permitted principal uses.

A. Uses shown as permitted principal uses in Column 2 of Schedule A require a building permit to be obtained from the Building Inspector in accordance with the procedures set forth in Article VIII. Allowable accessory uses defined in § 118-2 also require a building permit.

B. Any permitted principal use and/or land development activity that may result in land disturbance equal to or greater than one acre shall meet the stormwater management, erosion and sediment control requirements specified in Chapter 100 of the Code of the Town of Kirkland.

§ 118-13. Site plan review uses.

A. Uses shown as site plan review uses in Column 3 of Schedule A are required first to comply with review by the Planning Board as explained in § 118-18. All applications for such uses shall be referred by the Building Inspector to the Planning Board. After compliance with Planning Board review per § 118-18, the application will be returned to the Building Inspector for the appropriate action.

B. If a use is shown in both the site plan review uses (Column 3) and the special permit uses (Column 4) categories, the Building Inspector shall refer such application first to the Planning Board for its review and action. No action shall be taken by the Zoning Board of Appeals in such a case until a determination has been rendered by the Planning Board.

C. Any site plan review use and/or land development activity that may result in land disturbance equal to or greater than one acre shall meet the stormwater management, erosion and sediment control requirements specified in Chapter 100 of the Code of the T own of Kirkland.

§ 118-14. Special permit uses.

A. Uses shown as special permit uses in Column 4 in Schedule A must be approved by the Zoning Board of Appeals as explained in § IIS-65. All applications for uses in this category shall be referred by the Building Inspector to the Zoning Board of Appeals.

B. Any special permit use and/or land development activity that may result in land disturbance equal to or greater than one acre shall meet the stormwater management, erosion and sediment control requirements specified in Chapter 100 of the Code of the Town of Kirkland.

§ 118-15. Resource Conservation Overlay District.

A. Purpose. The purpose of this overlay district is to delineate areas of the Town which are characterized by important natural features, including but not limited to floodplains, wetlands and unique aesthetic areas.

B. General process. The Resource Conservation Overlay District is an overlay. The uses in the underlying districts are permitted, subject to Planning Board review. The review process for this district has two parts. The first step will be a determination of the presence and importance of natural features on the proposed development site. If no important natural features are present (i.e., the development is outside the one-hundred-year floodplain, wetlands and regulated wetland buffer, etc.), the subsequent Planning Board review may be bypassed and the applicant may proceed with development subject to other applicable review processes and permits. If the proposed development is within the one-hundred-year floodplain, a regulated wetland, a wetland buffer, or may destroy an important natural feature, detailed review by the Planning Board is required.

C. Determination of presence and significance.

(1) For proposed actions in the Resource Conservation Overlay District, additional review and submission requirements may be deemed necessary by the Planning Board. Upon referral of a proposed action in the Resource Conservation Overlay District, the Planning Board shall first make a determination of the presence and importance of natural features on the development site. To make this determination, the Planning Board may refer to the Comprehensive Town Plan, Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, New York State Department of Environmental Conservation freshwater wetland maps, Corps of Engineers data on flood elevations, cross sections, etc., and/or other published information regarding such natural features. The Planning Board may consult with other review and permit granting agencies and professionals to make this determination.

(2) The natural features to be considered under this section shall include, but not be limited to, floodplains, wetlands, stream corridors, ravines, rock outcroppings, overlooks and unique settings.

(3) Proposed actions which are determined to be in the one-hundred-year floodplain shall be subject to the provisions of Subsection D of this section.

(4) Proposed actions which are determined to be in or adjacent to other important natural features may be required by the Planning Board to comply with § 118-18.

(5) Proposed actions which are determined to be in or adjacent to a wetland area should be referred to the regional office of the New York State Department of Environmental Conservation and/or the Buffalo District of United States Army Corps of Engineers. The Planning Board should discourage major filling and construction proposals in and adjacent to wetlands.

D. Procedures for actions in floodplain areas. Any proposal located in areas of special flood hazard shall be reviewed and approved by the Building Inspector pursuant to Chapter 61, Flood Damage Prevention, of the Code of the Town of Kirkland. The Planning Board should discourage filling and construction proposals in flood-prone areas.

§ 118-16. Agriculture Conservation Overlay District.

A. Purpose. The purpose of this overlay district is to promote and protect agriculture as a viable industry in the Town of Kirkland.

B. General process. All land development activity within the Agriculture Conservation Overlay District shall be required to comply with the appropriate review criteria in § 118-18, Site development plan review process. Any proposed project in both the Agriculture Conservation Overlay District and a current NYS Ag District must comply with the New York State Agriculture and Markets Law. Applicants for such projects shall submit a completed agricultural data statement, which may be obtained from the Town of Kirkland Planning and Codes office. The data in this statement will be used to assist in evaluating the impacts of proposed development projects on farm operations in the NYS Agricultural Districts.

§ 118-16.5. Wellhead Protection Overlay District.

Any proposed land development activity that are wholly or partially within the Wellhead Protection Overlay District shall be required to have site plan approval by the Planning Board in accordance with Article III, § 118-18, and shall meet all other requirements and standards as set forth in this section and Schedules A, A-I, and A-2.9

A. Purpose. The purpose of this overlay district is to delineate those areas of the Town which are important to ensuring a safe and healthful drinking water supply for the Clinton area, local residents, employees, and the general public through the preservation of the Town’s groundwater resources. The designation of two Wellhead Protection Overlay Districts and the careful regulation of development activities within these districts will reduce the potential for groundwater contamination. The Wellhead Protection Overlay District will preserve and maintain the existing and potential groundwater supplies, aquifers, and aquifer recharge areas of the Town, and protect them from adverse development or land use practices. The Wellhead Protection Overlay District will also conserve the natural resources of the Town and prevent pollution of the environment.

B. General process. The Wellhead Protection Overlay District shall be considered as overlaying other districts as shown on the Zoning Map for the Town of Kirkland. Any use not permitted in the underlying districts shall not be permitted in the Wellhead Protection Overlay District. Any uses permitted in the underlying districts shall be permitted in the Wellhead Protection Overlay District, except where the site plan review process and Wellhead Protection Overlay District regulations prohibit or impose greater or additional restrictions and requirements. In any cases where conflicts arise between these regulations and any other existing regulations, the more restrictive regulations shall apply.

C. Determination of presence and significance of the Wellhead Protection Overlay District.

For the purposes of this Wellhead Protection Overlay District, there are hereby established within the Town of Kirkland, two Wellhead Protection Overlay Districts, which consist of any aquifer, the land above an aquifer, and significant aquifer recharge areas that may supply water to the Village of Clinton municipal wells. The establishment of these districts is confirmed by information set forth within the Technical Guidance Memorandum (August 2004) concerning the delineation of the Wellhead Protection Overlay Districts for the Town of Kirkland. These Wellhead Protection Overlay Districts are described as follows:

(1)Wellhead Protection Overlay District 1 (WPOD-1). As delineated, WPOD-l shall include properties that are wholly or partially within the one-year time of travel time boundary of the Village of Clinton municipal wells.

(2) Wellhead Protection Overlay District 2 (WPOD-2). As delineated, WPOD-2 shall include properties that are wholly or partially within the five-year time of travel time boundary of the Village of Clinton municipal wells.

D. Use regulations for the Wellhead Protection Overlay District:

(1) Prohibited uses and activities. Within all of the Wellhead Protection Overlay Districts the following uses and activities are specifically prohibited:

(a) Chemical/bacteriological laboratories;

(b) Sanitary landfills, including construction and demolition debris landfills;

(d) Disposal of snow that contains de-icing chemicals and that has been transported from areas outside the Wellhead Protection Overlay District;

(e) Feedlots;

(f) Storage of animal manure, not being used for the primary purpose of agriculture;

(g) Surface land application of septage, sludge, or human excreta; and the

(h) Discharge, surface land application or disposal of any hazardous substance, hazardous waste, petroleum, or radioactive material.

(2) Additional prohibited uses and activities. Additional prohibited uses and activities for each Wellhead Protection Overlay District are listed in Schedules A-I and A-2.IO

(3) Permitted uses. All uses currently permitted in the underlying district are permitted in the predevelopment conditions. In addition, the off-site impacts of erosion and sedimentation from the proposed use shall not be any greater during and following land disturbance activities than under predevelopment conditions

(4) Petroleum storage.

(a) Within the WPO Districts, all outdoor pet waste and/or used litter from kennels, cages, or litter boxes shall be removed daily and properly disposed of in sealed, nonpermeable trash bags or containers.

(b) Under no circumstances shall any pet waste be stored on site, composted, or used as compost/fertilizer.

(c) All individuals (whether the owner or temporary custodian of the pet) shall be responsible for the immediate cleaning up and proper disposal of any waste caused by the pet on public property and/or public rights-of-way.

[1] The underground storage of petroleum is prohibited.

[2] Wellhead Protection Overlay District aboveground storage of petroleum, except the outdoor, storage of petroleum used for on-site consumption, is subject to the additional requirements as indicated in Schedules A, A-I, A-2, and the site plan review process discussed within Article III, § 118-18.

E. Additional requirements for the Wellhead Protection Overlay District. The following requirements and standards shall be observed for proposed uses located within the Wellhead Protection Overlay as indicated in Schedules A-I and A-2.

(1) Lot coverage:

(a) For each use proposed within a specific Wellhead Protection Overlay District, the stricter requirement for maximum allowable lot coverage, whether it be specified within the underlying district or within the requirements for the Wellhead Protection Overlay District, shall apply.

(b) The area of existing, natural vegetation to be left on a lot shall be located so as to maximize the distances between any surface water body, private well, or municipal well and impervious surfaces, fertilized vegetation, and/or on-site stormwater treatment systems or individual sewage treatment systems.

(c) WPOD-l and WPOD-2. Any proposed use on a lot shall not exceed 20% impervious surface area, or retain less than 40% of the existing, natural vegetation on the lot. Proposed areas of fertilized vegetation shall be located at the farthest practical location from any surface water body, private well, or municipal well.

(2) Runoff/drainage:

(a) As may be indicated on Schedules A-I and A-2 postdevelopment conditions for a proposed use within a Wellhead Protection Overlay District shall result in no increase in the frequency and/or occurrence of stormwater runoff from predevelopment conditions. In addition, the off-site impacts of erosion and sedimentation from the proposed use shall not be any greater during and following land disturbance activities than under predevelopment conditions.

(b) Stormwater runoff shall be adequately treated to prevent water quality degradation of the receiving water body, including groundwater.

(3) Pet waste:

(b) Under no circumstances shall any pet waste be stored on site, composted, or used as compost/fertilizer.

(4) Petroleum storage.

(a) As may be indicated on Schedules A-I and A-2, a proposed use within WPOD-l and WPOD-2 is required to meet the following standards for storage of petroleum in new or replacement storage tanks and/or containers:

[1] The underground storage of petroleum is prohibited.

[2] The outdoor, aboveground storage of petroleum, except the outdoor, aboveground storage of petroleum used for on-site consumption, is prohibited.

[3] The preferred method of storage for petroleum used for on-site consumption shall be the installation of storage tank(s) in the basement of or within the building where the petroleum will be consumed. Storage areas shall meet all applicable local, state and federal requirements. If site conditions or other constraints prevent such installation, the following design standards shall be observed:

[a] Outdoor, aboveground tanks for petroleum used for on-site consumption shall be equipped with a pad and a dike, berm or other secondary containment structure constructed of material that is impervious to the product stored in the tank. A pad with a dike, berm or other such structure shall be designed to capture at least 120% of the volume of the largest tank enclosed by the containment structure. If the containment structure is comprised of a secondary tank that surrounds the original tank, the 120% volume requirement shall be waived.

[b] All outdoor, aboveground tanks for petroleum used for on-site consumption shall be equipped with visual gauges to monitor fluid levels.

[4] Indoor storage areas for petroleum shall meet all applicable local, state and federal requirements and the design requirements listed below.

[a] Indoor storage areas for petroleum used for on-site consumption and the indoor storage of petroleum in quantities necessary for household use (operating lawn care equipment, recreational vehicles, snow blowers, etc.) shall be exempt from the design requirements for indoor storage areas. However, such petroleum shall be stored in containers equipped with a secure lid.

[b] All storage areas shall be equipped with a pad and a dike, berm or other secondary containment structure constructed of material that is impervious to the product stored in the tank. A pad with a dike, berm or other such structure shall be designed to capture at least 120% of the volume of the largest tank enclosed by the containment structure. If the containment structure is comprised of a secondary tank that surrounds the original tank, the 120% volume requirement shall be waived.

[c] No indoor storage areas shall be located in proximity to floor drains.

[d] Storage areas shall be secured against unauthorized entry.

(b) A spill control plan shall be prepared for any facility that stores petroleum within a Wellhead Protection Overlay District. Facilities that only store petroleum for on-site The outdoor consumption and the storage of petroleum in quantities necessary for normal household use (operating lawn care equipment, recreational vehicles, snow blowers, etc.) shall be exempt from the requirement to prepare a spill control plan. The spill control plan shall be posted in a conspicuous location on site and a copy provided to the Town Clerk. The spill control plan shall include, at a minimum, the following components:

[1] A site plan illustrating the direction of stormwater and groundwater flow;

[2] A description of operational procedures;

[3] A description of potential spill sources;

[4] The spill response training program for the employees;

[5] The names and telephone numbers of the person or persons responsible for responding to the spill;

[6] The procedures for containing and cleaning up the spill; and

[7] The procedure for notifying proper emergency services, the Village Codes Enforcement Officer, and other appropriate local and state officials of a spill, leak or other reportable discharge as defined in 6 NYCRR Part 613.

(c) Following any land development activity, the Town of Kirkland is authorized, at its discretion, to perform periodic inspections of facilities that use or store petroleum to ensure that these facilities pose no threat to the water supply. The Town of Kirkland or its designee(s) will notify the owner by telephone and in writing of the planned inspection. The owner shall grant the Town or its designee(s) access to the site and the petroleum storage facilities for the purposes of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. The purpose of these inspections is to ascertain whether storage containers for petroleum, including aboveground and underground storage tanks, are in good operating condition and the facility is in compliance with the applicable requirements and standards of this chapter. Any violations observed by the Town of Kirkland or its designee(s) shall be immediately reported, in writing, to the Town of Kirkland Codes Enforcement Officer.

(5) Hazardous substance storage.

(a) As may be indicated on Schedules A-I and A-2, A-2, and A-3, a proposed use within these districts is required to meet the following standards for storage of hazardous substances in new or replacement storage tanks or containers.

[1] The underground storage or outdoor, aboveground storage of hazardous substances, including pesticides, herbicides, and fertilizers, is prohibited.

[2] Indoor storage areas for quantities of hazardous substances, including pesticides, herbicides, and fertilizers, that total more than 250 pounds dry weight or 50 gallons liquid shall meet all applicable federal and state requirements and the additional design standards and requirements listed below. The indoor storage of hazardous substances, including pesticides, herbicides, and fertilizers in their original sealed containers for the purpose of resale, shall be exempt from the requirements and standards specified in Subsection E(5)(a)[2][c], [d) an [e) below.

[a] All products shall be stored in product-tight containers equipped with a lid.

[b] Each container shall be clearly and visibly labeled.

[c] Drip pans designed to catch spills/leaks shall be located under the spigots of drums or containers that are stored in a horizontal position. Drip pans shall be routinely emptied and the contents recycled, reused, or disposed of appropriately.

[d] All storage areas shall be equipped with a pad and a dike, berm or other containment structure constructed of material that is impervious to the product stored in the tank. This containment structure shall be designed to contain at least 120% of the volume of the largest container enclosed by the structure.

[e] Storage areas shall be inspected by the applicant at least once a week for signs of leaks or spills and the aisle space between containers shall be adequate to allow for inspections. A summary report, noting the results of weekly inspections, shall be prepared every six months and sent to the Codes Enforcement Officer.

[f] Absorbent materials, such as but not limited to kitty litter, sawdust, soil, or clay, shall be kept on hand for emergency cleanups and containment in the event of a spill.

[g] No storage areas shall be located in proximity to floor drains.

[h] Storage areas shall be secured against unauthorized entry.

[i] An accurate log or inventory of materials stored on site shall be maintained and provided to the Codes Enforcement Officer annually.

(b) A spill control plan shall be prepared and shall be posted in a conspicuous location on site and a copy sent to the Town Clerk. The indoor storage of hazardous substances, including pesticides, herbicides, and fertilizers, in quantities necessary for normal household use or agricultural use or farm use, shall be exempt from the requirement to prepare a spill control plan. The spill control plan shall include, at a minimum, the following components:

[1] A site plan illustrating the direction of stormwater and groundwater flow;

[2] A description of operational procedures;

[3] A description of potential spill sources;

[4] The spill response training program for the employees;

[5] The names and telephone numbers of the person or persons responsible for responding to the spill;

[6] The procedures for containing and cleaning up the spill; and

[7] The procedure for notifying proper emergency services, the Town Codes Enforcement Officer, and other appropriate local and state officials of a spill, leak or other reportable discharge as defined in 6 NYCRR Part 595 and Part 597.

(c) Following site development, the Town of Kirkland is authorized, at their discretion, to perform periodic inspections of facilities that use or store petroleum or hazardous substances to ensure that these facilities pose not threat to the Village of Clinton water supply. The Town or its designee(s) will notify the owner by telephone and in writing of the planned inspection. The owner shall grant the village or its designee(s) access to the site and storage facilities for the purposes of a inspection at a mutually agreeable time within 72 hours of the notice of inspection. The purpose of these inspections is to ascertain whether the storage containers for hazardous substances are in good operating condition and the facility is in compliance with the applicable requirements and standards of this chapter. Any violations observed by the Town or its designee(s) shall be immediately reported, in writing, to the T own Codes Enforcement Officer.

(6) Density requirements.

(a) For each use proposed within a specific Wellhead Protection Overlay District, the stricter requirement for density, whether it is specified within the underlying district or within the requirements for the Wellhead Protection Overlay District, shall apply.

(b) In WPOD-l and WPOD-2, the minimum lot size shall be as follows:

[1] If the proposed use will not be connected to public sewer, the minimum lot size shall be 50,000 square feet.

[2] If the proposed use will be connected to public water and public sewer, the minimum lot size shall be 25,000 square feet.

(7) Individual on-site sewage treatment system design requirements.

(a) All individual on-site sewage treatment systems shall comply with all applicable requirements of Part 75 of the Administrative Rules and Regulations, Chapter 11 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

(b) As may be indicated on Schedules A-I and A-2, a proposed use within these districts is also required to meet the following standards for the design of residential and nonresidential individual on-site sewage treatment systems.

[1] All individual sewage treatment systems that discharge less than 1,000 gpd and are installed to serve uses other than a single unit dwelling or a two-unit dwelling shall be equipped with oil/grease separators to prevent clogging of the leaching field by fats, grease, and oiL

[2] The disposal of pharmaceuticals, hazardous substances and/or hazardous wastes into an individual on-site sewage treatment system is prohibited.

(8) Monitoring wells.

(a) As may be indicated on Schedules A-I and A-2 for a proposed use within these overlay districts, a minimum of three groundwater monitoring wells shall be installed prior to site development for the purposes of evaluating predevelopment and postdevelopment groundwater quality, groundwater flow direction, and groundwater elevation.

(b) As other regulations and setback requirements permit, one well shall be installed near an upgradient property boundary, one well shall be installed near a downgradient property boundary, and one well shall be installed between the two upgradient and downgradient wells to facilitate the determination of groundwater flow direction.

(c) The specific location of the monitoring wells shall be determined by a professional geologist, hydrogeologist, engineer, or other qualified expert trained and experienced in hydrogeology. The location of the monitoring wells shall be approved by the Planning Board prior to site development.

(d) Prior to site development, a groundwater sample shall be collected from each of the monitoring wells and submitted to aNew York State certified analytical laboratory for analysis of nitrate-nitrogen, sodium, chloride, coliform bacteria and other appropriate parameters that represent each of the petroleum or hazardous substances proposed to be used, stored or disposed of on site. Groundwater elevations shall also be recorded and groundwater flow direction shall be calculated.

(e) Three months after site development has been completed, a groundwater sample shall be collected from each of the monitoring wells and submitted to aNew York State certified analytical laboratory for analysis of each of the parameters tested for under predevelopment conditions. Groundwater elevations shall also be recorded and groundwater flow direction shall be calculated.

(f) An initial summary report shall be prepared that describes predevelopment and postdevelopment groundwater quality, groundwater elevation and groundwater flow direction. This initial summary report shall be submitted to the Codes Enforcement Officer within six months of the completion of site development.

(g) Following the submission of the initial summary report, the applicant shall begin a monitoring program that includes one sampling event each year during the months of March, April, May, September, October or November. Groundwater samples shall be collected from each of the monitoring wells and submitted to a New York State certified analytical laboratory for analysis of the parameters evaluated under predevelopment conditions and/or additional parameters to reflect a change in the type of substances used or stored on site. Groundwater elevations shall be recorded, and groundwater flow direction shall be calculated. An annual summary report that describes trends in groundwater quality and groundwater flow direction shall be provided to the Codes Enforcement Officer within three months of the annual sampling event.

(h) The costs of installing and operating the monitoring wells, including sampling and laboratory analysis, and preparing the required summary reports shall be borne by the owner or applicant. Access to the monitoring wells shall be provided to the Town and/or its designees for purposes of any additional water quality sampling deemed appropriate by the Planning Board.

(9) Floor drains:

(a) In areas of the Wellhead Protection Overlay District where public sewer service is available, all proposed uses that contain floor drains shall have such floor drains connected to the municipal sanitary sewer system. Floor drains that are connected to the sanitary sewer must meet discharge limits and permit requirements as may be established by the local wastewater treatment plant having jurisdiction.

(b) In areas of Wellhead Protection Overlay District where public sewer service is not available, all proposed uses that contain floor drains shall meet the following requirements:

[1] The use of floor drains in the Wellhead Protection Areas should be avoided whenever possible.

[2] Floor drains shall not discharge to groundwater, any subsurface septic system, or any such on-site wastewater disposal system.

[3] The discharge of floor drains to surface waters, streams, ditches, swales, or the ground surface may be permissible via a SPDES permit from the NYS Department of Environmental Conservation.

[4] For uses that are not required to obtain such a SPDES permit, all floor drains shall be connected to a holding tank (no outlets) which must be periodically pumped out and the resultant wastewater properly disposed of.

(10) Hazardous waste storage and disposal:

(a) As may be indicated on Schedules A-I and A-2 for a proposed use within these districts is required to meet the following standards for hazardous waste disposal:

[1] The underground storage or outdoor, aboveground storage of hazardous waste is prohibited.

[2] The owner or applicant shall demonstrate the availability and feasibility of indoor storage and proper disposal methods which are in conformance with all applicable local, state and federal laws for any hazardous waste to be produced in quantities greater than those associated with normal household or agricultural or farm use. The owner or applicant shall also demonstrate that wastes will be properly handled and stored until disposed of by a licensed waste hauler.

(b) If a spill control plan is required by this chapter for the storage of petroleum or hazardous substances, the spill control plan shall include provisions for responding to an accidental discharge of hazardous waste and shall include, at a minimum, the following additional components that specifically address hazardous waste:

[1] A description of potential hazardous waste spill sources;

[2] The hazardous waste spill response training program for the employees;

[3] The names, addresses, and telephone numbers of the person or persons responsible for responding to the hazardous waste spill;

[4] The procedures for containing and cleaning up the hazardous waste spill; and

[5] The procedure for notifying proper emergency services, the Town Codes Enforcement Officer, and other appropriate local and state officials of a spill, leak or other reportable discharge as defined in 6 NYCRR Part 372, Hazardous Waste Manifest System and Related Standards for Generators, Transporters, and Facilities.

(c) Following land development activity, the Town of Kirkland Codes Enforcement Officer is authorized, at his/her discretion, to perform periodic inspections of facilities that generate hazardous waste to ensure that these facilities pose no threat to the water supply. The Codes Enforcement Officer will notify the owner and/or his designee(s) by telephone and in writing of the planned inspection. The owner and/or his designee(s) shall grant the Codes Enforcement Officer access to the site and the hazardous waste storage facilities for the purposes of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. The purpose of these inspections is to ascertain whether storage containers for hazardous wastes are in good operating condition and the facility is in compliance with the applicable requirements and standards of § 118-16.5 of this chapter. Any violations observed by the Town or its designee(s) shall be immediately reported, in writing, to the Town of Kirkland Codes Enforcement Officer.

(11) Road salt storage and application:

(a) Safe alternatives to road salt (defined as sodium chloride), such as but not limited to calcium chloride and sand, shall be used within the Wellhead Protection Overlay Districts whenever possible. Signs shall be posted along roadways that receive no salt or reduced salt application to inform motorists.

(b) As may be indicated on Schedules A-I and A-2, a proposed use within WPOD-1 or WPOD-2 is required to meet the following standards:

[1] The outdoor, unprotected storage of road salt is prohibited.

[2] The application of road salt to all Town-owned roads, streets, parking areas, and property are discouraged.

[3] The application of road salt to private roads and parking lots is prohibited.

(12) Pesticide application:

(a) As may be indicated on Schedules A-I and A-2, a proposed land development activity within WPOD-l or WPOD-2 is required to meet the following standards:

[1] The application of a liquid or solid pesticide, herbicide or fertilizer is prohibited.

(b) Property owners who enlist the services of a commercial or herbicide applicator shall ensure that the applicator is certified and licensed by the New York State Department of Environmental Conservation.

(c) As applicable, all pesticide and herbicide use and application shall be under permit as provided in New York State Environmental Conservation Law, Article 33.

[1] Disposal of containers or unused pesticides and herbicides is prohibited unless in accordance with a permit issued as provided for within New York State Environmental Conservation Law, Article 33.

[2] Disposal of water used for mixing fertilizers, pesticides, or herbicides, or washing of equipment used in conjunction with the use of fertilizers, pesticides, or herbicides is prohibited unless in accordance with a permit issued as provided for within New York State Environmental Conservation Law, Article 33.

[3] Use of streams or watercourses for disposal, mixing, or washing equipment used in conjunction with pesticides and herbicides is prohibited.

§ 118-17. Planned development process.

A. Purpose. The regulations hereinafter set forth in this section are intended to provide a means for the development of a comprehensively planned business, commercial and manufacturing area, or combinations thereof, in a manner which will permit flexible and imaginative design concepts to be utilized and, by means of adequate supervision and control by the Planning Board and the Town Board, to ensure that the spirit and intent of this chapter will be preserved. Although not encouraged, residential, recreational and park areas are also allowed as components of a Planned Development District. Certain areas of the Town have been identified as appropriate for planned development projects and are designated on the Town Zoning Maps. In addition, application for the establishment of a planned development district may be made for any area of the Town and shall not be limited by its present zoning designation. No specific requirements with respect to minimum lot sizes within the district, lot coverage, building height, yard dimensions, off-street parking or density of residential use are made, although, so far as is practicable within the overall scheme of a planned development district, the requirements of Schedule A, §§ 118-38 and 118-42 of this chapter should be considered as a guide in determining reasonable requirements for comparable uses within a planned development district.

B. The general planned development process. In areas not already designated planned development, the planned development process consists of two basic steps. First is the change of zoning district designation. Second is review of the specific site plans for the area. Any change to a planned development district shall be based on a specific development proposal and will reflect the type of use which was the basis for the zone change.

C. Procedures for the establishment of a planned development district.

(1) Preapplication conference. Before submission of a preliminary application for approval of a planned development district, the developer is encouraged to meet with the Town Planning Board to determine the feasibility and suitability of the application before entering into any binding commitments or incurring substantial expenses of site and plan preparation. The Planning Board may issue a letter indicating its comments and suggestions.

(2) Application procedure. Application for the establishment of a planned development district shall be made to the Town Board. Each application shall be accompanied by a fee as set by the Town Board. The Town Board shall refer the application and all application materials to the Town Planning Board within 15 days of the application.

(3) Planning Board review.

(a) Within 62 days of the receipt of the application, the Planning Board shall recommend approval, approval with modifications or disapproval of the application to the Town Board. Failure of the Planning Board to act within 62 days, or such longer period as may be consented to, shall be deemed to be a grant of approval of the plan as submitted. In the event that approval subject to modifications is granted, the applicant may, within 10 days after receiving a copy of the Planning Board’s decision, notify the Town Board in writing of his refusal to accept all such modifications, in which case the Planning Board shall be deemed to have denied approval of the application. In the event that the applicant does not notify the Town Board within said period of his refusal to accept all said modifications, approval of the application, subject to such modifications, shall stand as granted.

(b) Submission requirements. Application to the Town Board must include a petition for the zone change. The applicant must provide proof of full legal and beneficial ownership of the property or proof of an option or contractual right to purchase the property. The preliminary plan shall include, but not be limited to, the following:

[1] A completed short environmental assessment form (EAF) to comply with the provisions of the State Environmental Quality Review (SEQR) Act.

[2] A mapped preliminary development plan of the property in question. Such a plan shall include all existing structures, roads and other improvements and shall indicate the circulation concept, general site location of all proposed structures, general parking scheme, the approximate acreage in each type of use and the amount, proposed use and location of all open space and recreation areas. This plan shall also indicate the location of all utilities and proposed expansions and/or any alternative concepts for dealing with the water supply, sewage disposal, stormwater drainage and electric service.

[3] Demonstration by the applicant that alternative design concepts have been explored.

[4] A written description of the proposal, including the major planning assumptions and objectives, the probable effect on adjoining properties and the effect on the overall Town development plan.

[5] A written description of the probable impacts on the natural systems of the Town.

[6] A written description of the probable fiscal impacts, including a summary of new costs and revenues to the Town due to the development.

(c) Review criteria. In considering the application for the creation of a planned development district, the Planning Board may require such changes in the preliminary plans and specify such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote and protect the orderly growth and sound development of the community. In reaching its decision on the proposed development and changes, if any, in the preliminary plans, the Planning Board shall consider, among other things, the following:

[1] The need for the proposed land use in the proposed location.

[2] The existing character of the neighborhood.

[3] The location of principal and accessory buildings on the site in relation to one another and in relation to buildings and uses on properties adjoining the proposed district.

[4] The general circulation and open space pattern relative to the structures.

[5] The traffic circulation features within the site and the amount, location and access to automobile parking areas.

[6] The environmental factors on the environmental assessment form (EAF).

(4) Planning Board action.

(a) Establishment of a planned development district is a rezoning action and is subject to the State Environmental Quality Review (SEQR) Act Therefore, the Planning Board should make a two-part recommendation to the Town Board as part of this process.

(b) First, the Planning Board should identify the type of action the zone change is according to SEQR regulations. Depending on the size of the zone change and several other factors, it may be a Type I action or an unlisted action. To make a decision, the Planning Board should consult Part 617 NYCRR, adopted pursuant to Article 8 of the Environmental Conservation Law. The Planning Board should also review the environmental assessment form (EAF) submitted as part of the application. A preliminary determination of environmental significance can be made. The Planning Board should advise the Town Board of this determination and any responsibilities of the Town Board.

(c) If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement has been filed. An application is not complete, and therefore the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement has been completed. When the draft environmental impact statement is completed, the time frame for Planning Board review begins. If another agency has determined that the proposal in question may have a significant effect on the environment, the Planning Board shall not issue a decision until a final environmental impact statement has been filed.

(d) The second part of the recommendation is a decision on the zone change itself based on the review criteria per Subsection C(3)(c) of this section.

(e) The decision of the Planning Board shall be in the form of a written resolution, which shall include findings of fact and shall set forth the reasons for granting or denying tentative approval, specifying with particularity in what respects the proposal contained in the application would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:

[1] In what respects the plan is or is not consistent with the Town Comprehensive Plan and the statement of purpose set forth in Subsection A of this section.

[2] The extent to which the proposal departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.

[3] The nature and extent of the common open space in the planned development district, the reliability of the proposals for maintenance and conversion of such open space and the adequacy or inadequacy of the amount and function of the open space in terms of the densities of residential uses and the types thereof where residential uses are proposed.

[4] The plat of the proposal and the manner in which such plat does or does not make adequate provision for public services, control over vehicular traffic and the amenities of light and air and visual amenities.

[5] The relationship, beneficial or adverse, of the proposed planned development district upon the neighborhood in which it is proposed.

[6] In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect the interests of the public and the residents of the district in the integrity of the plan.

(5) The resolution required by Subsection C( 4) of this section shall be filed with the Town Clerk and shall be available during regular office hours for inspection by any interested person.

(6) Upon the filing of such resolution with the Town Clerk, the Town Board shall, within 62 days, hold a public hearing on said proposal after giving the public notice required by law.

(7) The Town Board may thereafter amend this chapter so as to establish the proposed planned development district and define the boundaries thereof. Such action shall have the effect only of establishing a planned development district for the use proposed by the applicant. Such amendment of this chapter shall not constitute or imply a permit for construction or final approval of plans.

(8) In the event that construction has not commenced within two years from the date that the Zoning Map amendment establishing the planned development district became effective, the Planning Board may so notify the Town Board, and the Town Board may, on its own motion, institute a Zoning Map amendment to return the planned development district to its former classification pursuant to Article XI of this chapter.

D. Procedure for implementation of a planned development. Completion of Subsection C of this section to change a zone to a planned development district does not imply approval to proceed with the actual development of the area. Upon approval of the rezoning request, or for projects within preestablished planned development districts, the applicant is required to follow the procedure explained herein:

(1) Concept review. Before proceeding with the final design for the area in question, the developer is encouraged to meet with the Planning Board and Town Board to clarify any conditions that either Board has requested. This should promote an understanding by all parties before the preliminary concepts are changed to detailed designs and before the developer spends large amounts of money. The Town Board or the Planning Board may issue formal comments as the result of these meetings. When the proposed project is not in conformance with the approved preliminary development plan, or for projects proposed in preestablished planned development districts for which a preliminary development plan has not been established, the developer shall prepare a preliminary development plan of the project area as it affects the entire planned development district. This plan will illustrate in a general manner how the proposed project would allow beneficial development of the remainder of the district. Items to be shown are highway access and circulation systems, potential development areas and open space systems and general recommendations on methods to ensure that the purpose of the district can be achieved.

(2) Planning Board review. Upon approval of the zone change, the applicant has one year in which to submit a final plan to the Planning Board for review and recommendation to the Town Board. Within 62 days of the receipt of the application, the Planning Board shall grant approval, approval with conditions or disapproval of the application.

(a) Submission requirements.

[1] Before final approval of the plan, the applicant must show evidence of full legal and beneficial ownership interest in the land.

[2] The final plan shall include but not be limited to the following:

[a] A completed short or long environmental assessment form (EAF) to comply with the provisions of the State Environmental Quality Review (SEQR) Act.

[b] A mapped final development plan of the property in question. Such plan shall be a certified survey showing all existing and proposed grades, existing and proposed structures, existing and proposed vegetation, the layout of all roadways, walkways and parking areas. Construction details for such areas described above shall also be submitted.

[c] A separate map showing all existing and proposed water lines, sewer lines, electric lines, natural gas lines and other utility and service lines, refuse storage and disposal and fuel storage facilities and rights-of-way.

[d] If the project will involve construction of a new water supply and the infrastructure, new sewage treatment system and/or new or alternative power systems, the design and details of such proposals must be included.

[e] A plan showing the treatment of stormwater runoff:

[f] The total number of acres in the site, the number and type of housing units, the gross and net residential densities, the approximate selling and/or rental prices of the units, the phasing plan and the approximate completion date of the entire project.

[3] The Planning Board may require any additional materials it deems necessary to adequately evaluate the proposed project.

(b) Review criteria. The Planning Board may not in all cases have the expertise to review the detailed design and construction drawings. If they do not, the Planning Board may confer with the Town Engineer, the New York State Department of Environmental Conservation (DEC), the County Health Department, the County Planning Department and other agencies to ensure that review of those areas outside the Board’s scope is being attended to. Within its own capabilities, the Board may use the following criteria as general guidelines:

[1] The height and bulk of buildings and their relation to other structures in the vicinity.

[2] The proposed location, type and size of signs, vehicular and pedestrian circulation, loading zones and landscaping.

[3] The safeguards provided to prevent possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.

[4] Storm drainage and sanitary waste disposal in and adjacent to the area.

[5] The compatibility of uses proposed for such district where a combination of uses is proposed.

[6] The provisions of adequate and sufficient public utilities.

[7] The criteria cited for review of the planned development district rezoning process [Subsection C(3)(c) of this section].

[8] The environmental factors on the environmental assessment form (EAF). [NOTE: The Planning Board may require as a condition to final approval the posting of a bond to assure the completion of all requirements of the Board, including the dedication, maintenance and completion of all streets, easements and open space or recreational areas, creation or extension of special districts or improvement areas, construction of storm and sanitary sewers, landscaping and such other improvements. ]

(3) Planning Board action.

(a) First, the Planning Board should identify the type of action the proposed development is according to the State Environmental Quality Review (SEQR) regulations. Depending on the size, location and other factors, it may be a Type I action or an unlisted action. To make a decision, the Planning Board should consult Part 617 NYCRR, adopted pursuant to Article 8 of the Environmental Conservation Law (New York). The Planning Board should also review the environmental assessment form (EAF) submitted as part of the application. The action type and related procedure will dictate the next steps, if any, to be taken to comply with the SEQR regulations.

(b) If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement is filed. An application is not complete, and therefore the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement has been completed. When the draft environmental impact statement is completed, the time frame for Planning Board review begins. If another agency has determined that the proposal in question may have a significant effect on the environment, the Planning Board shall not issue a decision until a final environmental impact statement has been filed.

(c) When compliance with SEQR is complete, the Planning Board shall, within 62 days, either grant such approval subject to specified conditions or deny final approval and forthwith file its decision with the Town Clerk and notify the applicant thereof. Thereupon, within 90 days, the applicant shall file with the County Clerk the final plat of any subdivision proposed and shall make application for a building permit or permits in accordance with the proposal as finally approved.

(4) No building permit shall be granted for the construction of any building or structure other than as approved by the Planning Board, and no improvement shall be nor additional uses made at variance with the proposal as finally approved except upon resubmission and approval of the Planning Board.

(5) The applicant may appeal to the Town Board a decision of the Planning Board denying final approval or granting final approval subject to conditions with which the applicant is unwilling to comply. Such appeal shall be taken within 30 days of the filing with the Town Clerk of the decision of the Planning Board.

§ 118-17.1. Waiver provisions.

A. Purpose. It is the purpose of this section to empower the Planning Board to grant waivers or incentives to advance the Town’s specific physical, cultural and social policies in accordance with the Town of Kirkland’s Comprehensive Land Use Plan and in coordination with other community planning mechanisms or land use techniques.

B. Legislative authority. In accordance with § 261-b of the Town Law of the State of New York, the Town Board of the Town of Kirkland authorizes the Planning Board to implement a system of zoning waivers or incentives, as necessary and appropriate, consistent with the purposes and conditions set forth in said section.

C. Jurisdiction. This section shall apply to the Rural Residential Zoning District of the Town of Kirkland.

D. Definitions. As used m this section, the following terms shall have the meanings indicated:

COMMUNITY BENEFITS OR AMENITIES – Open space, parks or other specific physical or social or cultural amenities of benefit to the residents of the community.

OPEN SPACE – Any space or area characterized by natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would maintain and enhance the present or potential value of surrounding development or would maintain or enhance the conservation of natural, agricultural or scenic resources. This open space shall be permanently protected from development by legal instrument subject to the approval of the Town.

WAIVER PROVISIONS – The system by which specific waivers or incentives are granted, pursuant to § 261-b of the Town Law, on condition that specific physical, social or cultural benefits or amenities would inure to the community.

WAIVERS and INCENTIVES – Adjustments to the permissible housing density, area, open space or other provisions of this chapter as allowed herein.

E. Amenities for which waivers may be offered.

(1) The following amenities may be offered on the site of the subject application:

(a) Permanent preservation of open space.

(b) Public parks and recreation facilities.

(d) Other facilities or benefits to the residents of the community as determined by the Planning Board.

(e) Any combination of the above-listed amenities.

(2) These amenities shall be in addition to any mandated requirements pursuant to other provisions of this chapter and Chapter 103, Subdivision of Land, of the Code of the Town of Kirkland.

F. Waivers permitted. The following waivers or incentives may be granted by the Planning Board to an application on a specific site:

(1) Commensurate increases in residential density up to an additional 25% over base density.

(2) Commensurate increases in lot coverage up to an additional 25% over base coverage.

(3) Commensurate changes in setbacks up to an additional 25% under base setbacks.

(4) Commensurate changes in frontage up to an additional 25% under base frontage.

G. Criteria and procedure for approval.

(1) Applications for waivers in exchange for amenities shall be submitted to the Planning Board for sketch plan review after discussions with Town staff for appropriate input. The application shall be processed prior to review of the subdivision and/or site plan and shall include the following information:

(a) Proposed amenity.

(b) The cash value of the proposed amenity.

[1] Describes the benefits to be provided to the community by the proposed amenity.

[2] Gives preliminary indication that adequate public utilities and/or services are available in any special service district in which the proposal is located to handle the additional demands the waiver and amenity may place on these facilities and still adequately serve the district.

[3] Explains how the amenity helps implement the physical, social or cultural policies of the Comprehensive Land Use Plan as supplemented by the local laws and ordinances adopted by the Town Board.

(d) The requested waiver.

(e) Sets of maps containing, in sketch plan format, both the requested waiver layout and a layout conforming to current requirements.

(f) A completed environmental assessment form Part 1.

(2) A copy of the application shall be referred to the Town Board for input to the Planning Board following the referral from other agencies for input as appropriate, including but not limited to the Oneida County Department of Planning and local, county, state and federal agencies.

(3) The Planning Board shall schedule and hold a public hearing, which may be part of its regular meeting, and shall hear testimony on the proposed application.

(4) All applicable requirements of the State Environmental Quality Review Act (SEQR) shall be complied with as part of the review and hearing process. In addition to other information that may be required as part of an environmental assessment of the proposal, the assessment shall include verification that any special service district in which the proposal is to be located has adequate public utilities and/or service facilities to:

(a) First, serve the existing residents of that district at the time of the amenity/incentive proposal; and

(b) Then, serve the on-site amenity and waiver/incentive given the development scenario in Subsection G 4(a) above.

(5) The following findings must be made by the Planning Board prior to approval of a waiver/incentive:

(a) That the requirements of SEQR have been met.

(b) That the proposed amenity provides sufficient public benefit to provide the requested waiver.

(d) That the project is in harmony with the purpose and intent of this chapter and the Comprehensive Land Use Plan and will add to the long-term assets of the community.

H. The Planning Board may impose conditions on a project to ensure the above findings are achieved through the subsequent plan review and construction phases of the project. The Planning Board may grant a waiver based on affirmative findings of fact or may deny an application for a waiver. Thereafter, the Planning Board is authorized to act on an application for subdivision/site plan review pursuant to the Code of the Town of Kirkland.

§ 118-18. Site development plan review process.

A. Purpose and general process.

(1) The following process is incorporated into this chapter as a tool for the Planning Board to evaluate specific uses in certain zoning districts. These uses, termed “site plan review uses” (§ 118-13), are noted for each district in Schedule A.lI

(2) The site development plan review process has three steps: concept review, preliminary site plan review and action, and final site plan review and action.

(3) A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 100 of the Code of the Town of Kirkland shall be required for site plan approval. The SWPPP shall meet the performance and design criteria, and standards in Chapter 100 of the Code of the Town of Kirkland. The approved site plan shall be consistent with the provisions of these regulations.

B. Procedure for preliminary site plan review and action.

(1) Prior to the issuance of a building permit for any site plan review uses, the Building Inspector shall refer the application and all application materials as specified herein to the Planning Board for its review and approval in accordance with the provisions set forth in this section.

(2) Within 62 days of the receipt of a preliminary site plan, the Planning Board shall, in writing, inform the applicant of its decision.

(3) Concept review. A meeting is recommended between the Planning Board and applicant to review the basic site design concept and generally determine the information to be required on the preliminary site plan. The applicant should provide the data discussed below in addition to a statement or rough sketch describing what is proposed. The Planning Board may issue written comments as the result of this meeting.

(a) An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.

(b) A map of site topography at contour intervals of no more than five feet. If general site grades exceeding 5% of portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two feet of elevation should also be provided.

(4) Application for preliminary site plan approval.

(a) An application for preliminary site plan review and approval shall be accompanied by a fee set by the Town Board. No further fee is required at the final site plan stage.

(b) Anticipated costs which the Planning Board expects to incur due to consulting services or other review costs shall be paid by the applicant and placed in an escrow account. Any unspent funds shall be returned to the applicant within five days of Planning Board action on the final site plan.

(c) An application for preliminary site plan approval shall be made in writing to the Building Inspector and shall be accompanied by information drawn from the following preliminary site plan checklist, as determined necessary by the Planning Board at the concept review meeting:

[1] Title of drawing, including name and address of the applicant and the person responsible for preparation of such drawing.

[2] North arrow, scale and date.

[3] Boundaries of the property plotted to scale.

[4] Existing watercourses.

[5] Grading and drainage plan, showing existing and proposed contours.

[6] Location, proposed use and height of all buildings.

[7] Location, design and construction materials 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 public water and location, design and construction materials of such facilities.

[13] Location of fire and other emergency zones, including the location of fire hydrants in compliance with applicable fire codes.

[14] Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.

[15] Location, size and design and construction materials 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] Designation of the amount of building area proposed for retail sales or similar commercial activity.

[19] General landscaping plan and planting schedule.

[20] Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project’s execution.

[21] Completed environmental assessment form (EAF) in compliance with the State Environmental Quality Review (SEQR) Act.

[22] A stormwater pollution prevention plan (SWPPP), erosion and sediment control plan developed in accordance with the requirements of Chapter 100 of the Code of the Town of Kirkland.

(d) In addition to the information described under § 118-18B(4)(c) site plan checklist, the following information shall be provided for a proposed land development activity located partially or wholly with a Wellhead Protection Overlay District:

[1] A map and a report showing the location of the premises for which the permit is sought and plans prepared by a licensed professional engineer or architect showing all features of the system necessary for the satisfactory conveyance, storage, distribution, use and disposal of stormwater, process wastes, hazardous substances and wastes, solid wastes, and incidental wastes.

[2] A complete list, including an estimate of the volume in pounds dry weight and liquid gallons, of all petroleum, chemicals, pesticides, fuels, and other hazardous substances to be used, generated, stored, or disposed of on the premises.

[3] A description of proposed measures to protect all storage containers or facilities associated with such materials from vandalism, accidental damage, corrosion, and leakage. At a minimum, such measures shall include a description of appropriate design and operating standards as described in § 118-16.5 and listed in Schedules A-I and A-2 of this chapter.

[4] A description of proposed storage facilities for hazardous wastes and provisions for the disposal of these wastes by licensed waste haulers.

[5] A landscape plan that shows predevelopment areas of undisturbed, natural vegetation and proposed postdevelopment areas of undisturbed, natural vegetation and fertilized vegetation.

[6] Copies of any permits and applications made to any other governmental agencies.

(5) Review criteria.

(a) The criteria for the Planning Board review may include, but shall not be limited to, the following:

[1] Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.

[2] Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

[3] Location, arrangement, appearance and sufficiency of off-street parking and loading.

[4] Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.

[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] In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.

[9] Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.

[10] Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.

[11] Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

[12] Relationship to active agricultural land and fallow land to ensure that the conversion of agricultural land to nonagricultural uses is minimized and to ensure that all potential conflicts with agricultural operations are minimized. (See § 118-16 for actions in the Agriculture Conservation Overlay District.)

[13] Protection of the wellhead areas and aquifer recharge areas that provide drinking water for the municipal wells operated by the Village of Clinton. In evaluating the protection of the wellhead areas, aquifer recharge areas, and the water supplies, the Planning Board shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures failed.

(b) Consultant review. The Planning Board may consult with the Town Building Inspector, Fire Chief, Highway Superintendent, other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies, including but not limited to the United States Department of Agriculture Soil Conservation Service, the New York State Department of Transportation and the New York State Department of Environmental Conservation. Should the Board decide that the services of a private consultant are needed during the course of project review, the associated costs incurred for the private consultants’ services shall be paid in full by the applicant prior to any hearing which the applicant seeks.

(c) Public hearing. The Planning Board may conduct a public hearing on the preliminary site plan. If a public bearing is considered desirable by a majority of the members of the Planning Board, such public hearing shall be conducted within 62 days of the receipt of the application for preliminary site plan approval. The Board shall mail notice of said hearing to the applicant (and the County Planning Department if applicable) at least 10 days before said hearing, and notice shall be advertised in a newspaper of general circulation in the Town at least five days before the public hearing.

(6) Planning Board action on preliminary site plan.

(a) The proposed development in question is subject to the provisions of the State Environmental Quality Review (SEQR) Act. First, the Planning Board should identify the type of action the proposed development is according to the SEQR Act. Depending on the size, location and other factors, it may be a Type I action or an unlisted action. To make a decision, the Planning Board should consult Part 617 NYCRR, adopted pursuant to Article 8 of the Environmental Conservation Law. The Planning Board should also review the environmental assessment form (EAF) submitted as part of the application. The action type and related procedure will dictate the next steps, if any, to be taken to comply with the SEQR regulations.

(c) When compliance with SEQR is complete, the Planning Board shall act on the application within 62 days. If no decision is made within said sixty-two-day period, the preliminary site plan shall be considered approved. The Planning Board’s action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, disapproved or approved with modifications.

(d) The Planning Board’s statement may include recommendations of desirable modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. Such conditions shall be supported by written findings of fact prepared by the Planning Board which explain the rationale for their imposition. If the preliminary site plan is disapproved, the Planning Board’s statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.

C. Procedure for final site plan review and action.

(1) After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit a final, detailed site plan to the Planning Board for approval. If more than six months have elapsed since the time of the Planning Board’s action on the preliminary site plan and if the Planning Board finds that conditions may have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.

(2) The final site plan shall conform substantially to the approved preliminary site plan. It should incorporate any modifications that may have been recommended by the Planning Board in its preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

(3) The following additional information shall accompany an application for final site plan approval:

(a) A record of application for and status of all necessary permits from state and county officials.

(b) Detailed sizing and final material specification of all required improvements.

(4) Required referral. Prior to taking action on the final site development plan, the Planning Board shall refer the plan to the County Planning Department for advisory review and a report in accordance with § 239 of the General Municipal Law, where the proposed action is within a distance of 500 feet from the boundary of any city, village or town; from the boundary of any existing or proposed county or state park or other recreation area; from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; from 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 from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.

(5) Planning Board action on final detailed site plan. Within 62 days of receipt of the application for final site plan approval, the Planning Board shall render a decision to the Building Inspector. If no decision is made within the sixty-two-day period, the final site plan shall be considered approved. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. 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.