Lloyd City Zoning Code
ARTICLE VIII
Site Plan Review
§ 100-53 Site plan review.
A.
Site plan review and approval by the Planning Board is required in accordance with this section:
(1)
For all uses identified as requiring site plan review and approval in the Use Table,[1] including structures and significant and substantial changes to the use(s) or structural additions to structures related to those use(s).
(a)
A significant and substantial change shall not be deemed to have occurred unless there is any of the following:
[1]
Any change affecting 2,000 or more square feet on an existing structure;
[2]
An increase of 50% in total square footage;
[3]
An increase of 50% in water and sewer demand;
[4]
An increase of 50% in the generation of solid wastes;
[5]
An increase of 50% in required parking;
[6]
Potential or planned use of hazardous materials.
(b)
The above increases shall be determined by the Building Department.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
(2)
For any development which is the functional equivalent of a land subdivision but which is structured for ownership purposes as a condominium project. In such cases, the Planning Board shall apply all relevant review criteria contained in the Subdivision Law (Chapter 90 of the Town Code) as well as the provisions of this section.
(3)
No clearing, grading or tree removal may be undertaken in excess of 1/2 acre land without site plan approval from the Planning Board with the exception of the harvesting of Christmas trees; the clearing of land for rights-of-way for utilities; reasonable site clearing preparatory to construction of a building for which a building permit has been issued; the clearing and maintenance of land for agricultural purposes; and the harvesting of trees and firewood for the personal use of the property owner not to exceed 20 cords per year.
B.
Considerations and scope of review. The Planning Board may approve a site plan after review of all of the elements provided, as follows:
(1)
That the site development will adequately handle traffic circulation, including pedestrian and vehicular traffic both within the site and in relation to the adjoining streets. No business or industrial use shall be permitted where it is determined by the Planning Board, due to the nature of such use and the type and number of vehicle trips which it will generate, particularly in relation to the capacity of the street system serving the lot upon which it is to be located, that the result will be unusual traffic hazards or congestion. If, however, a limit is placed upon such use, either in terms of employees or other appropriate measure, which, in the opinion of the Planning Board, would be adequate to ensure that the potential traffic generation from such use will be properly related to the capacity of the street system serving it, the Planning Board may approve such use with such limitation.
(2)
That the site development will be compatible with contiguous land and buildings and adjacent neighborhoods. Compatibility shall be determined by a review of proposed use of materials, scale, mass, height, color, texture, and location of the structure or structures on the site. In addition, in the DB and GB Districts, the determination of compatibility shall also take into account consideration of the historic, rural character of the Hamlet of Highland and consider building size, style, form, roofline, architectural detailing, size and shape of window and door openings in relation to structures of historic significance as well as maintenance of building setbacks and building proportions in relation to neighboring structures. The Planning Board shall utilize the procedures set forth in § 100-30 and Appendix A, Design Standards and Guidelines for Business Districts, included at the end of this chapter,[2] as the basis for its review and determination.
[2]
Editor's Note: Appendix A is on file in the Town offices.
(3)
That the site development, including buildings and landscaping, will not conflict with the appropriate and orderly development of adjacent land and buildings of the district within which said site is located.
(4)
That parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
(5)
That there are adequate measures regarding drainage, water supply, sewage disposal, road alignment and other engineering aspects of such site plan.
(6)
That, when considering changes of use and structural additions to nonconforming properties, the Planning Board shall consider the inability of the landowner to provide all of the necessary parking and traffic flow or construct the building as if the lot were vacant and shall modify its requirements accordingly for such nonconforming properties.
(7)
That the proposed use is consistent with the Town Comprehensive Plan.
(8)
That the proposed site plan and proposed use conforms to the land development regulations of the Town of Lloyd, including but not limited to Chapter 55, Stormwater Management and Erosion and Sediment Control, of the Town Code.
(9)
That the Planning Board has referred the proposed site plan to the Town Engineer, Fire Chief, Chief of Police, Highway Superintendent, Building Department, and, where applicable, the Water and Sewer District for review and comment.
(10)
That the Planning Board has duly considered the comments and recommendations of all agencies interested in the application and all agencies to which referral is mandated by law.
(11)
Since the location and design of all site plans must be approved by the Planning Board, no grading or construction on the site shall be started, nor shall any existing features, such as trees, which may add value to the development, be removed or relocated, until this approval has been obtained.
C.
Required information for site plan. An application for site plan approval shall be accompanied by plans and descriptive information sufficient to clearly portray the intentions of the applicant. Site plans shall be prepared by a licensed professional engineer, or licensed surveyor.
[Amended 6-8-2011 by L.L. No. 2-2011]
(1)
A vicinity map drawn at the scale of 2,000 feet to the inch or larger that shows the relationship of the proposal to existing community facilities which affect or serve it, such as roads, shopping areas, schools, etc. The map shall also show all properties, subdivisions, streets, and easements within 500 feet of the property. Such a sketch may be superimposed on a United States Geological Survey or New York State Department of Transportation map of the area.
(2)
An existing conditions map, showing existing buildings, roads, utilities, and other man-made features, as well as topography and all existing natural land features that may influence the design of the proposed use such as rock outcrops, single trees eight or more inches in diameter located within any area where clearing will occur, forest cover, soils (including prime and statewide important agricultural soils), and ponds, lakes, wetlands and watercourses, aquifers, floodplains, and drainage retention areas.
(3)
A site plan, drawn at a scale and on a sheet size appropriate to the project. The information listed below shall be shown on the site plan and continuation sheets.
(4)
Name of the project, boundaries, date, North arrow, scale and date(s) of the plan. Name and address of the owner of record, developer, and seal of the engineer, architect, or landscape architect. If the applicant is not the record owner, a letter of authorization shall be required from the owner. Signature blocks for all required approvals, including a block for signatures of the Town Engineer, Fire Chief, Chief of Police, Highway Superintendent, Building Department, and, where applicable, the Water and Sewer District.
(5)
The location and use of all existing and proposed structures within the property, including all dimensions of height and floor area, all exterior entrances, and all anticipated future additions and alterations.
(6)
The location of all present and proposed public and private ways, off-street parking areas, driveways, outdoor storage areas, sidewalks, ramps, curbs, paths, landscaping, walls, and fences. Location, type, and screening details for all waste disposal containers shall also be shown.
(7)
The location (including, when appropriate, GPS notation), height, intensity, and bulb type (sodium, incandescent, etc.) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
(8)
The location, height, size, materials, and design of all proposed signs.
(9)
The location of all present and proposed utility systems, including:
(10)
Erosion and sedimentation control plan required by Chapter 55 to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
(11)
Existing and proposed topography at two-foot contour intervals, or such other contour interval as the Planning Board shall specify. All elevations shall refer to the nearest United States Coastal and Geodetic Benchmark. If any portion of the parcel is within the one-hundred-year floodplain, the area will be shown and base flood elevations given. Areas shall be indicated within the proposed site and within 50 feet of the proposed site where soil removal or filling is required, showing the approximate volume in cubic yards.
(12)
A landscape, planting, and grading plan showing proposed changes to existing features.
(13)
Land use district boundaries within 200 feet of the site's perimeter shall be drawn and identified on the site plan, as well as any overlay districts that apply to the property.
(14)
Traffic flow patterns within the site, entrances and exits, and loading and unloading areas, as well as curb cuts on the site and within 100 feet of the site. The Planning Board may, at its discretion, require a detailed traffic study for large developments or for those in heavy traffic areas.
(15)
For new construction or alterations to any structure, a table containing the following information shall be included:
(a)
Estimated area of structure currently used and intended to be used for particular uses such as retail operation, office, storage, etc.;
(b)
Estimated maximum number of current and future employees;
(c)
Maximum seating capacity, where applicable; and
(d)
Number of parking spaces existing and required for the intended use.
(16)
Elevations at a scale of 1/4 inch equals one foot for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color of materials to be used.
(17)
Where appropriate, the Planning Board may request soil logs, percolation test results, and storm runoff calculations.
(18)
Plans for disposal of construction and demolition waste, either on site or at an approved disposal facility.
(19)
Where appropriate, a cultural resource survey of resources with historic or archaeological significance.
(20)
Other information that may be deemed necessary by the Planning Board.
D.
Waivers. The Planning Board may waive or allow deferred submission of any of the information required in Subsection C above, as it deems appropriate to the application. Such waivers shall be discussed in the course of preapplication conferences. The Planning Board's decision shall be reflected in the record.
E.
Criteria. In reviewing site plans, the Planning Board shall consider the criteria set forth below.
(1)
Layout and design.
(a)
To the maximum extent practicable, development shall be located to preserve the natural features of the site and to avoid wetlands, steep slopes, significant wildlife habitats and other areas of environmental sensitivity. The placement and design of buildings and parking facilities shall take advantage of the site's topography, existing vegetation and other pertinent natural features.
(b)
All structures in the plan shall be integrated with each other and with adjacent structures and shall have convenient access between adjacent uses. Structures shall, where practical, be laid out in the pattern of a traditional hamlet.
(c)
Structures that are visible from public roads shall be compatible with each other and with traditional structures in the surrounding area in architecture, design, massing, materials, proportion, texture, color and placement and shall harmonize with traditional elements in the architectural fabric of the area. Building components such as windows, rooflines and pitch, doors, eaves and parapets shall be compatible with historic structures in the Town. Vertical, double-hung windows and steeply pitched roofs are encouraged. Designs shall avoid flat roofs, large expanses of undifferentiated facades, and long plain wall sections. Rooftop and ground-level mechanical equipment shall be screened from public view using materials harmonious with the building or shall be located where they are not visible from any public ways.
(d)
Where appropriate, setbacks shall maintain and continue the existing setback pattern of surrounding properties.
(e)
The Planning Board shall encourage the creation of landscaped parks or squares easily accessible by pedestrians.
(f)
Trademarked architecture which identifies a specific company by building design features shall be prohibited, unless the applicant can demonstrate that the design is compatible with the historic architecture of the Town.
(g)
Impacts on historic and cultural resources shall be minimized.
(h)
Newly installed utility service systems, and service modifications necessitated by exterior alterations, shall be installed underground. When feasible, existing aboveground utility service systems shall be placed underground.
(2)
Landscaping.
(a)
Landscaping shall be an integral part of the entire project area and shall buffer the site from and/or integrate the site with the surrounding area, as appropriate.
(b)
Landscape plantings of shrubs, ground cover and shade trees, as well as perennials and annuals and other materials such as rocks, water, sculpture, art, walls, fences, paving materials and street furniture, shall be encouraged to create pedestrian-scale spaces and to maintain landscape continuity within the community. All landscaping within the site shall be designed to facilitate conservation of the environment and preservation of community aesthetic character. This shall be accomplished through the use of native plant material and the retention of existing natural vegetation, thereby reducing or eliminating the need for irrigation, pesticides, herbicides and fertilizers.
(c)
Existing tree stock eight or more inches in diameter at breast height shall be protected and preserved to the maximum extent possible to retain valuable community natural resources and promote energy conservation by maximizing the cooling and shading effects of trees. The preservation of mature plant species, hedgerows, wetlands and woodlots shall be encouraged and included as a design element in the development of the site.
(d)
Landscape buffers shall be provided between uses that may be incompatible, such as large-scale commercial uses and residences. Such buffers may include planted trees and shrubs, hedgerows, berms, existing forestland or forest created through natural succession. The width of such buffer areas will depend upon the topography, scale of the uses, and their location on the property.
(e)
If deemed appropriate for the site by the Planning Board, shade trees at least six feet tall with a minimum caliper of 2 1/2 inches measured at breast height at time of planting shall be planted and maintained at twenty-foot to forty-foot intervals along roads, at a setback distance acceptable to the Highway Superintendent.
(3)
Parking, circulation, and loading.
(a)
Roads, driveways, sidewalks, off-street parking, and loading space shall be safe, and shall encourage pedestrian movement.
(b)
Vehicular and pedestrian connections between adjacent sites shall be provided to encourage pedestrian use and to minimize traffic entering existing roads. The construction of connected parking lots, service roads, alleys, footpaths, bike paths, and new public streets to connect adjoining properties shall be required where appropriate.
(d)
Access from and egress to public highways shall be approved by the appropriate highway department, including Town, county, and state.
(e)
All buildings shall be accessible by emergency vehicles.
(f)
Parking spaces shall have wheel stops or curbs to prevent injury to trees and shrubs planted in landscaped islands.
(g)
Bicycle parking spaces and racks shall be provided in an area that does not conflict with vehicular traffic. Designated van/carpool parking, and other facilities for alternatives to single-occupancy vehicle use, shall be provided wherever possible.
(h)
In developments where a link to schools, churches, shopping areas, trails, greenbelts and other public facilities is feasible, or where a trail connection is recommended in the Comprehensive Plan, a trail corridor shall be reserved on the approved site plan for this purpose.
(4)
Reservation of parkland. For any site plan containing residential units, the Planning Board may require the reservation of parkland or payment of a recreation fee pursuant to Town Law § 274-a, Subdivision 6.
(5)
Miscellaneous standards.
(a)
Buildings and other facilities shall be designed, located, and operated to avoid causing excessive noise on a frequent or continuous basis.
(b)
Outdoor lighting shall conform to the requirements of § 100-27 to prevent light from shining directly onto neighboring properties or public ways.
(c)
Dumpsters shall be located and screened so that they are not visible from any public roadway.
(d)
Stormwater shall be managed in accordance with the law, and consideration shall be given to low-impact development technologies. Additionally, drainage of the site shall recharge groundwater to the extent practical. The peak rate of surface water flowing off site shall not increase above pre-development conditions and shall not adversely affect drainage on adjacent properties or public roads.
(e)
Applicable requirements for proper disposal of construction and demolition waste shall be satisfied, and any necessary permits or agreements for off-site disposal shall be obtained.
(f)
No materials shall be placed below the finished grade of a site other than utilities, sand, gravel, rocks, and soil that are uncontaminated by any solid waste or hazardous materials. Materials that were previously contaminated and have been reconditioned shall not be permitted under this Subsection E, except that decontaminated material may be used as a base for road or parking lot construction, provided that such decontaminated material does not pollute groundwater or surface water.
(g)
Structures shall be located, constructed and insulated to prevent on-site noise from interfering with the use of adjacent properties. Similarly, buildings shall be situated to prevent off-site noise from intruding on new development. Methods for blocking noise shall be used where appropriate and shall include fencing, walls and natural buffers, such as berms and landscape planting with deciduous and coniferous trees and large shrubs.
F.
Procedure. The Planning Board shall approve, approve with conditions, or deny applications for site plans for land uses within the Town as herein designated and pursuant to and in accordance with the standards and procedures set forth below.
(1)
Submission of an application. An application for site plan approval shall initially be submitted to the Building Department and Town Planner, who shall have a preapplication meeting(s) with the applicant. The applicant should have a conceptual plan and sketch plan for the preapplication meeting. Should the submitted plans conform to the Comprehensive Plan of the Town of Lloyd, be complete in that the plans address Subsection E, Criteria, above, and comply with zoning ordinances of the Town of Lloyd, the application will receive a zoning verification from the Code Enforcement Officer and the Town Planner will then transmit the application to the Planning Board for its review. The application shall:
(a)
Be made on forms available at the office of the Planning Board.
(b)
Be accompanied by five copies of the site plan as described in these regulations.
(d)
Include the payment of a fee as established by the Town Board. The applicant must pay all special consulting fees for engineers, planning consultants, and attorneys retained by the Town in accordance with § 100-57 as required by the Planning Board. The applicant shall pay all required fees prior to the Planning Board's consideration of the application by depositing funds with the Town and upon the request of the Town replenishing said account.
(2)
Determination by the Planning Board that all information required hereunder is included in the site plan application and that the application is therefore complete.
(4)
Planning Board decision. The Board shall make its decision on the application to approve, disapprove or approve with conditions within 62 days of the date that the public hearing is closed. This time limit may be extended upon the consent of the applicant.
(5)
All fees due to the Town shall be paid in full before the Planning Board Chair signs an approved site plan.
(6)
Expiration of approval. Planning Board approval of a site plan shall expire if any of the following circumstances occurs:
(a)
The site plan is not submitted for stamping and signature by the Chair within one year of the Planning Board’s resolution of site plan approval, with or without modifications. Upon prior written request to the Planning Board, including a statement of justification for the requested time extension, the time period for an expiration of approval may be extended for a maximum of one year, on two occasions, at the discretion of the Planning Board.
[Amended 4-13-2011 by L.L. No. 1-2011]
(b)
Construction is not commenced and diligently pursued within two years of the stamping and signing of the site plan by the Chair. Upon prior written request to the Planning Board, including a statement of justification for the requested time extension, the time period for an expiration of approval may be extended for a maximum of one calendar year, on two occasions, at the discretion of the Planning Board.