Lewiston Town City Zoning Code
ARTICLE XX
Site Plan Review
§ 360-126 Required site plan review.
A.
Intent. The intent of site plan review is to evaluate specified land uses in terms of their suitability to natural site conditions, their compatibility with surrounding land uses and their conformance with overall plans for the community, thus minimizing possible adverse effects on the health, safety and welfare of local residents.
B.
Unless otherwise provided by the Town Subdivision Law[1] or the provisions of this chapter, site plan review and site plan approval shall be required for the following:
(1)
Any specially permitted use in any district, except for:
(a)
Special use permits where the site in question is already the subject of an approved site plan and no alteration of the building or site will occur.
(2)
Any new or expanded use, or change in use, in any Business, Traditional Neighborhood Design, Industrial, or Overlay District, including the addition or modification of any accessory use not shown on an approved site plan, except where
(a)
The site in question is already the subject of an approved site plan and no alteration of the building or site, or change in principal or accessory use is requested; or
(b)
The site in question is already the subject of an approved site plan and alteration of the building increasing the original gross floor area by less than 1,000 feet is requested, and no additional site improvements (i.e., parking) are requested.
(3)
Any use, or change in use, in any PDD or PUD District, except that such review shall be governed by the provisions of governing Planned Development Districts or PUD District rather than this article.
(4)
Any modification in the use of non-single-residential-family-zoned property, whether or not subject to a prior site plan approval, where curb-cut and driveway locations, off-site parking, loading area, fencing, outdoor storage or landscaping will be altered.
(5)
All new construction of multiple-family dwellings including conversions of existing buildings to multiple-family dwellings and adding dwelling units to existing multiple-family dwellings.
(6)
Any change in use or intensity of use which the Building Inspector determines will significantly impact the characteristics of the site in terms of parking, loading, access, drainage, utilities, traffic, or other environmental impact for any commercial, industrial or multifamily use.
(7)
Construction of any commercial docks, piers, launching ramp or structure in the Niagara River.
(8)
Any alteration of the site or building, (1) except for alteration of the building increasing the original gross floor area by less than 1,000 feet is requested, except that once cumulative changes total at least 1,000 feet a site plan modification is required, or (2) alteration impacting only the height of the structure or (3) changes to parking lots not reducing the number of parking spaces below required levels.
(9)
Any use involving outside storage, or expansion of outdoor storage areas, or movement of outside storage areas.
(10)
Any use involving construction or alteration of drive-in or drive-through business facilities.
(11)
Any nonresidential use in a residential district.
[1]
Editor's Note: See Ch. 306, Subdivision of Land.
§ 360-127 Procedure for review and approval.
A.
The application and appropriate fees for site plan review shall be submitted to the Building Inspector. Where the site plan is submitted for a special use, consideration of the site plan and special use shall to the maximum extent practicable be conducted simultaneously. The content of the site plan shall be reviewed by the Building Inspector and the Town Engineer prior to filing and distribution to the Planning Board to ensure completeness. The applicant shall submit 10 copies of all plans and supplementary information to the Building Inspector; additional copies may be requested for additional review agencies. The Building Inspector shall distribute copies of the plans for review, report and recommendations to the following:
(1)
Town Engineer.
(2)
Fire Inspector.
(3)
Planning Board.
(4)
Other review Agencies and Advisory Boards as required (e.g., State Parks Commission, County Planning Board), or as directed by the Town Board.
B.
Within 31 days after receipt of the application, the Planning Board shall review the application, site plan, and supporting data, and shall make a written recommendation of: approval, approval with modifications or conditions, or disapproval of the site plan.
C.
The failure of the Planning Board to make a recommendation within 31 days following the receipt of a complete application, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the plan as submitted. The Planning Board may, at its sole discretion, hold a public hearing within its time frame to provide a recommendation.
D.
An important component to site plan review is the consideration of environmental impacts in accordance with the New York State Environmental Quality Review (SEQR) Act. The Town Board must comply with SEQR regulations prior to the approval of any site plans.
E.
Within 31 days following the receipt by the Town Board of the report of the Planning Board, or its failure to act as above provided, the Town Board may conduct a public hearing. Within 62 days after the public hearing, if one is held. or 31 days after the receipt of the Planning Board's recommendation if no hearing is held, the Town Board shall either approve the site plan, approve the site plan with modifications, or deny the site plan. The Town Board's failure to act is deemed a denial of the plan. It must be noted that these time frames do not begin to run until after a final SEQR decision has been made.
F.
In approving the site plan, conditions limiting the use and occupancy of the land or proposed buildings consistent with the intent and purposes of this chapter and other applicable laws may be imposed on the development. No use of the property shall occur nor building permits or other permits issued until the applicant submits a written acceptance of the conditions and modifications to the Town Clerk.
G.
Approval of any site plan shall remain in effect for a period of not more than 12 months unless a successful application for a building permit or certificate of occupancy has been made within that period. One six-month extension may be granted to obtain the building permit by the Town Board.
§ 360-128 Submission of site plan and additional information.
A.
The site plan should include the following information. The Planning Board may waive requirements set forth in this section as deemed appropriate. The plan shall be prepared by a licensed New York State professional engineer, architect or licensed land surveyor as appropriate (please note that the Town requires drawings to be in a CADD & GIS readable format):
(1)
Application form, notes, and other required written information.
(2)
Title of drawings, including the name of the development, name, telephone number and address of applicant and the name of the person who prepared the drawing.
(3)
Location plan, North point, professional stamp, scale (one inch equals 20 feet or other appropriate scale) and date.
(4)
Zoning, land use and ownership of surrounding and adjacent properties, including all structures within 100 feet on adjacent and surrounding properties.
(5)
A boundary survey of the proposed development, plotted to scale, and existing topographic features including contours or, spot elevations at a fifty-foot grid, large trees (12 inches or greater in diameter), buildings, structures, streets, property lines, utility easements, rights-of-way, sewers, water mains, fire hydrants, culverts and other significant man-made features, delineated wetlands and land uses.
(6)
Geotechnical evaluation demonstrating the suitability of the site for the project.
(7)
All lot dimensions including, but not limited to, lot frontage, lot area, building coverage, lot coverage, front yard, side yard, rear yard, building heights and floor area ratio, where applicable.
(8)
All improvement dimensions, including, but not limited to, access roads, snow removal/storage areas, parking areas, walkways, buildings, etc.
(9)
Existing and proposed streets, sidewalks and pedestrian paths immediately adjoining and within the proposed site and the names of all proposed streets.
(10)
Location and dimensions of all parking, loading and stacking areas with access drive.
(11)
Paving, including typical cross sections and profiles of proposed streets, pedestrian walkways and bike ways.
(12)
Location and proposed use, height, building elevations, and finished elevations of all structures.
(13)
Colors, materials, dimensions, access and rooftop plans of all structures.
(14)
Location and proposed development of all open spaces, including parks, playgrounds, etc.
(15)
Existing and proposed watercourses, direction of flow, the impact on the watershed and the location of any floodplain boundaries.
(16)
Drainage plan showing existing and finished grades, size and type of pipe, location of receivers, and stormwater management plan evaluating the impacts on the watershed. The best management practices employed to mitigate the impacts of stormwater management shall be set forth in detail. A copy of the storm drainage analysis shall be submitted for review when required by the Town Engineer. Detention/retention basins shall be designed in accordance with Town standards.
(17)
Water supply plan, including existing and proposed location of fire hydrants, size of service line(s) and a note describing the location of any required/proposed backflow prevention.
(18)
Sewage disposal method and data as required by the Town Engineer.
(19)
Landscape plan indicating location, type and size of existing trees and vegetation identifying those to be preserved or removed as well as location, type and size of trees, vegetation and amenities to be provided.
(20)
Location, design and illumination field of lighting, fences and walls.
(21)
Location and dimension of all signs.
(22)
Garbage screening and enclosures.
(23)
Provisions for barrier-free access.
(24)
Applicable pollution control.
(25)
Size and location of hazardous materials storage areas.
(26)
Location of bus stops and shelters.
(27)
Proposed easements, restrictions, covenants and provision for home owners associations and common ownerships.
(28)
Estimated construction schedule and phasing plan for buildings, earth work and landscaping.
(29)
Where significant soil erosion or sediment deposition may occur as a result of the disturbance of the land, the Town Board may require that application for site plan be accompanied by an erosion and sediment control plan conforming to the standards and practices contained in the USDA Natural Resources Conservation Service Engineering Field Manual (EFM) and the New York Guidelines for Urban Erosion and Sediment Control, or other erosion and sediment control manual recognized by the Engineering Department or Town Board.
(30)
Copies of any applications or permits from other jurisdictions applicable to the site.
(31)
In addition to the required site plan and supporting data indicated in this article, the Planning Board may request, of a property owner or their agent, additional supporting data or plans deemed necessary and relevant to carry out its responsibility for site plan review and provided in this chapter. The Planning Board may request review and report from the Town Engineer, as it may deem necessary.
(32)
Please note, where applicable, "as built" drawings will need to be submitted in a CADD format after completion of the project.
§ 360-129 Criteria for review and recommendations.
A.
In considering and acting upon site plan reviews and approvals, the Town Board shall consider the public health, safety, welfare, comfort and convenience of the public in general, the residents of the proposed development, and the residents of the immediate surrounding area. The Town Board may prescribe such appropriate conditions and safeguards as may be required in order that the results of its action shall, to the maximum extent possible, further the following:
(1)
Compatibility. The character of proposed use is compatible with the surrounding neighborhood and in harmony with the Town's Comprehensive Plan.
(2)
Vehicular access. The number of proposed access points is not excessive, all access points are adequate in width, grade alignment and visibility, access points are not located too close to intersections or places of public assembly and similar safety considerations are reviewed for all site plan approvals.
(3)
Lighting. Exterior lighting proposed for the site shall be planned, erected and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public roads. The light source shall not be higher than 20 feet and shall not be directed onto adjacent properties or public roads. High-intensity lighting shall not be permitted.
(4)
Parking. Adequate off-street parking, queuing and loading spaces are provided to minimize the number of cars parked or standing on public roads.
(5)
Pedestrian circulation. The interior circulation system is adequate to provide safe accessibility to all parking areas and ensure adequate separation of pedestrian and vehicular traffic.
(6)
Landscaping and screening. All parking, storage, loading and service areas on properties adjacent to residential areas are reasonably screened and the general landscaping of the site reflects the character of the neighborhood and surrounding area.
(7)
General screening requirements.
(a)
Open storage areas, exposed machinery and outdoor areas used for the storage and collection of solid waste shall be visually screened from roads and surrounding land uses. Suitable types of screening include opaque and semi-opaque fences of a height necessary to screen the intended use. Where planted hedges are proposed, plant species, size and layout should be developed to provide an effective screen within three years of installation. Noninvasive, low maintenance trees and shrubs should be planted wherever possible. Preference should be given to native or naturalized species.
(b)
In locations where potential health or safety hazards may arise, such as solid waste storage/collection areas, a solid wooden fence, a minimum of six feet in height, may be required to prevent unauthorized access to the premises. At all intersections and driveways, for a distance of 30 feet from the edge of the right-of-way (or the pavement where streets are private) screening shall be restricted to a maximum height of 2 1/2 feet and trees shall be maintained to a clearance of seven feet above the ground to ensure sight lines remained unobstructed.
(c)
Except as otherwise required herein, screening shall be no longer than six feet unless the Planning Board determines lower height is required for safety reasons.
(8)
Natural features. The proposed use is compatible with geologic, hydraulic, and soil conditions of the site and adjacent areas and the existing natural scenic features are preserved to the greatest possible extent.
(9)
Public facilities. The public facilities that service the proposed use, including water, sanitary sewer, drainage, roads and related facilities, parks and open space are adequate for the intended level of use.
(10)
Avoidance of nuisance. The proposed use will not create noise, odor, dust or smoke as to create a nuisance or to be detrimental to adjoining properties.
(11)
Stormwater management and drainage requirements. The proposed development shall:
(a)
Not result in post-development discharge rates and volumes that exceed predevelopment discharge rates and volumes to adjoining properties.
(b)
Surface water runoff shall be minimized and detained on site as long as possible and practical to facilitate ground water recharge. When available, municipal stormwater sewers may be employed to handle excess runoff.
(c)
If stormwater cannot be channeled into municipal stormwater sewers, stormwater runoff shall be detained on-site. In no case shall increased runoff due to development activity be directed onto adjacent property. Techniques for delaying surface stormwater runoff shall be developed to prevent any increase in the runoff rate as a result of storms with a twenty-five-year or less recurrence frequency.
(d)
The natural state of watercourses, swales or rights-of-way shall be maintained as much as possible. All drainage facilities shall be designed for a ten-year storm minimum. The Town Board may, on the Town Engineer's recommendation, require facilities sized for more intensive storms should development conditions in the vicinity of the site warrant a greater degree of protection.
B.
In no case shall plans be approved that would alter the course of a natural watercourse shown on the United States Geodetic Survey maps and the Official Town Map, or that would restrict or impede the free flow of water in these waterways, with piping or other structures, except by approval of the Town Board (which may require a public hearing) and, where applicable, a Department of Environmental Conservation permit.
§ 360-130 Revisions.
No property shall be utilized in a manner different than in an approved site plan unless a revised site plan has been approved, even if the revised use, by itself, represents a use not requiring site plan approval.