Lumberland Town City Zoning Code
ARTICLE IX
Planning Board
§ 250-66 Establishment and membership.
A.
Planning Board established, membership. There is hereby established a Planning Board pursuant to the New York State Town Law. Said Board shall consist of seven members, including a Chairperson appointed by the Town Board. Appointments shall be in accordance with the New York State Town Law, and an appointment to a vacancy occurring prior to the expiration of a term shall be for the remainder of the unexpired term. In the absence of a Town Board appointment of a Chairperson or in the absence of the Board member so appointed, the Planning Board may designate a member to serve as Acting Chairperson. The Town Board may also provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper in connection with the operation of the Planning Board. In making such appointments, the Town Board may further require Planning Board members to complete training and continuing education courses.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Alternative members. The Town Board hereby elects to supersede the New York State Town Law and to provide, pursuant to the New York State Municipal Home Rule Law, for the appointment of two alternate members of the Planning Board to serve for a term of one year or until a successor is appointed. Such alternate member shall attend meetings and shall act in the capacity of a full member whenever regular members are absent, abstain or must recuse themselves due to conflicts of interest.
§ 250-67 Powers and duties.
The Planning Board shall have all the power and duties prescribed by law, including, without limitation, New York State Town Law § 271 and by this chapter, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Planning Board that is conferred by law:
A.
To issue upon application, after public notice and hearing, and in accordance with the requirements of law and this chapter, special use permits;
B.
To conduct upon application, after public notice and hearing, and in accordance with the requirements of law and this chapter, site plan review and (where appropriate) approval when this chapter requires the same;
C.
To issue upon application, after public notice and hearing, and in accordance with the requirements of law, Chapter 213, Subdivision of Land, and this chapter, subdivision approvals; and
D.
To hear and decide such other matters according to the terms of this chapter or other statutes and upon which the Planning Board may be authorized to pass under this chapter or other law.
§ 250-68 Procedures of Planning Board.
The Planning Board shall act in accordance with the procedures specified by law and by this chapter.
A.
Public hearings. The Planning Board shall fix a time for any required public hearings, give public notice thereof and issue decisions in accordance with the provisions of law. The applicant shall bear the cost of advertising and required public notice for public hearings.
B.
Appearances. On hearing of an application, a party may either appear in person or by a representative who need not be an attorney. If the party is to be represented by a person who is not an attorney, a notarized affidavit of appointment of a representative for the party must be presented to the Planning Board prior to the hearing. An application may be made by an applicant other than the owner of record, provided that the owner(s) shall join in any application.
C.
Conduct of proceedings. The Planning Board shall be primarily concerned with facts and not with technicalities and shall decide the matters before it fairly and equitably having regard to the welfare of the community as a whole and to the rights of the applicant and neighbors. The Planning Board shall make its findings and determinations based upon substantial evidence contained in the record of its proceedings.
D.
Inspection. The Planning Board may defer decision on any matter for the purpose of an appropriate inspection by the Planning Board or any other agency that the Planning Board deems to be an interested agency or to hear witnesses or procure the submission of pertinent records. An appeal or application on which determination by the Board is to be deferred shall become the first order of business at the next public meeting.
§ 250-69 Special use permits.
A.
Special use permits authorized. Special uses are uses for which approval of the Planning Board is required and for which conformance to additional standards is required in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific case or use shall be considered as an individual case that requires consideration of the merits and details of each proposed use to assure that such proposed use is in harmony with this chapter and the Comprehensive Plan and that such proposed use will not adversely affect the general character of the surrounding area if the conditions of the special use permit are met.
B.
Required findings.
(1)
In granting a special use permit, the Planning Board shall require evidence of the satisfaction of each and every of the following standards by findings entered into the record of the proceedings:
(a)
That the special use is specifically authorized by this chapter (the decision shall set forth the exact subsection of this chapter containing the jurisdictional authorization);
(b)
That the special use meets all of the criteria set forth in the section of this chapter authorizing such special use; and
(c)
That the granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the Comprehensive Plan. In evaluating compliance with this Subsection B(1)(c), the Planning Board shall consider factors such as:
[1]
Location and size of the proposed development project;
[2]
The nature and intensity of the operations involved;
[3]
The size of the site in relation to the size of the proposed development project;
[4]
The location of the site with respect to the existing or future streets giving access to it with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
[5]
Whether the location, nature and height of buildings, walls and fences will discourage the appropriate development and use of adjacent land and buildings and properties generally in the district or impair the value thereof;
[6]
Whether the operations in connection with the proposed development project will be more objectionable in nature to nearby properties and properties generally in the district by reason of noise, fumes, vibration, flashing lights, increased traffic or any other objectionable reasons than would be the operations of any permitted use;
[7]
The impact on existing and planned capacity of infrastructure systems, including but not limited to roads, water, sewer, energy and drainage;
[8]
Whether environmentally sensitive features will be protected; and
[9]
Whether any authorization hereunder shall create fiscal burdens upon the community at large.
(2)
If the Planning Board finds that the imposition of conditions will not be sufficient to enable the proposed development project to comply with all applicable special use permit criteria, it shall deny the special use permit application.
C.
Additional required submissions for special use permit. In addition to complying with all other applicable requirements set forth in this chapter, applications for special use permits shall contain a typewritten narrative explaining what the application is for and how the development project meets or exceeds all applicable criteria for the special use permit.
D.
Imposition of conditions. The Planning Board in the granting of special use permits shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and as are, in the opinion of the Planning Board, required to promote the intent and purposes of the Comprehensive Plan and this chapter. Such conditions shall be imposed for the purpose of minimizing any adverse impact such special use permit may have on the neighborhood or community. Such conditions may include, but are not limited to, landscaping, lighting, access and egress, signs, screening, architectural features, location and layout of buildings, limitations upon the use or characteristics of the use which are reasonably related to the public health, safety and general welfare and as may be necessary to carry out the intent of this chapter. If the applicant refuses to accept such requirements and conditions, the special use permit shall be denied. Failure to abide by any conditions attached to a special use permit shall constitute a violation of this chapter.
E.
Special use permit conditioned upon periodic renewal. The grant of a special use permit may be conditioned upon periodic renewal, which renewal may only be granted following public notice and hearing. Such renewal shall be withheld or granted subject to terms or conditions additional to or different from those in the original grant only upon a determination that: a) the factors which justified the original grant no longer exist or have changed sufficiently to require additional or different terms and conditions; or b) the terms and conditions of the original special use permit have not been or are not being complied with, in whole or in part. A pending notice of violation shall be prima facie evidence of lack of conformity with such terms and conditions.
F.
Maintenance and small extensions of special use. Normal maintenance of any use approved by special use permit shall not require an additional review by the Planning Board. Small extensions of an approved special use, not to exceed in the aggregate 10% of the floor area of the originally approved special use, shall not require an additional review by the Planning Board.
G.
Waiver of application requirements. The Planning Board may, when reasonable, waive any application requirements for the approval, approval with modifications, or disapproval of special use permits submitted for approval.
H.
Neighboring municipality notification. As required by § 239-nn of the General Municipal Law, notice shall be given to an adjacent municipality (town or village) whenever a public hearing is held by the Town Planning Board regarding a special use permit application on property that is within 500 feet of such adjacent municipality. Such notice shall be given by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any such hearing. Such adjacent municipality may appear and be heard.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 250-70 Site plan review.
A.
Site plan review authorized. Site plan review and approval shall be conducted by the Planning Board in accordance with the provisions of this chapter and New York State Town Law § 274-a. Site plan review is intended to apply to all development that is above the thresholds described below. When determining the applicability of these thresholds, the scope and definition of the proposed development shall include all previous development on the property occurring within the past two years within 300 feet of the proposed development.
B.
Effect of site plan approval. A Planning Board decision to approve a site plan shall not excuse an applicant from obtaining and complying with all other permits and approvals that may be needed. For development projects subject to site plan review, zoning permits and building permits shall be issued only after site plan approval. When an application is for a permit for site work only, the permit may be issued based on preliminary or preliminary conditional site plan approval, following adequate review of at least the layout and grading components of the site plan. In a case where a conditional site plan approval has been given, no certificate of occupancy shall be issued until final site plan approval has been given and all provisions of such final approval have been met. Any costs for site adjustments required in the final site plan review shall be borne by the applicant.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
Timing of site plan review. Any required use variance, area variance and special use permits must be obtained before a site plan can be approved by the Planning Board.
D.
Required findings, imposition of conditions. The Planning Board shall not approve a site plan unless it makes a recorded finding that the site plan will satisfy the criteria set forth herein. In order to reach positive findings in support of the site plan approval, the Planning Board may require conditions and/or modifications to the proposed development project.
(1)
Site plan review shall consider factors reasonably related to the health, safety and general welfare of the community and, where applicable, shall include, but shall not be limited to, consideration of the following items:
(a)
General criteria;
(b)
Criteria for plant materials and maintenance;
(c)
Criteria for parking areas, where applicable;
(d)
Natural site design; and
(e)
Additional site plan review criteria.
(2)
In addition to the general criteria set forth in Subsection D(1)(a) through (d) that are applicable to all site plan reviews, site plan review shall consider conformity with the additional design criteria set forth in Articles V and VI as well as any other additional design requirements that may be adopted by the Town Board.
E.
Waiver. The Planning Board may, when reasonable, waive any requirements for the application for, approval of, approval with conditions or disapproval of a site plan. Any such waiver may be exercised in the event that any such requirements are found not to be requisite in the interest of public health, safety or general welfare or inappropriate to a particular site plan.
F.
Site plan review application requirements. The information to be submitted for a site plan review and which, in total, constitutes a "site development plan" shall be as follows:
(1)
The title of development, date, North point;
(2)
Scale (not less than one inch equals 50 feet);
(3)
Name and address of record owner;
(4)
Name and address of the New York State licensed professional engineer, New York State licensed and registered architect, land planner or New York State licensed land surveyor preparing the site development plan;
(5)
Property lines, including metes and bounds;
(6)
The names of all owners of record of all adjacent property or within 500 feet of the perimeter boundary of the site, including owners of easements or rights-of-way, together with tax parcel numbers for all such owners;
(7)
The tax identification number(s) of the site;
(8)
Existing zoning district boundaries and overlay district boundaries;
(9)
The actual shape, location, dimensions and area of the proposed development site;
(10)
Building or setback lines and other buffers;
(11)
Lines of existing streets, lots, reservations, easements and areas dedicated to public use;
(12)
A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract;
(13)
The shape, size and location of any buildings or other structures, retaining walls, walkways, driveways and fences already on the lot;
(14)
The existing and intended use of the lot and of all structures upon it and any open spaces;
(15)
The location of existing watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter of six inches or more measured three feet above the base of the trunk, and other significant existing features within 20 feet of all property lines;
(16)
The location of existing water mains, culverts and drains on the property with pipe sizes, grades and direction of flow;
(17)
The estimated maximum quantity of material to be excavated and/or removed and the estimated maximum quantity that will be used for regrading or filling, computed from cross sections of a proposed excavation or disturbed area;
(18)
A description of any material to be used for land filling. Where fill is to be brought onto the premises, state its source, method of transport and estimated volume;
(19)
The location, either existing or proposed, of tents, ramada structures, rigs, inflatable structures and similar structures or facilities which are erected or intended to be erected for more than 30 days within any one-year period;
(20)
All proposed lots, easements and public and community areas;
(21)
All proposed streets with profiles indicating grading and cross sections, showing width of the roadway, location and width of the sidewalk and locations and size of utility lines;
(22)
The expected storm drainage loads and the details of any drainage system proposed to be installed and maintained by the applicant, designed to provide for proper surface drainage of the land, both during the performance of the work applied for and after the completion thereof;
(23)
If a proposed excavation is for the purpose of making a lake, pond or impoundment, the details of the proposed construction of the dam or other structure or embankment intended to impound the water or other contents thereof;
(24)
All means of vehicular, bicycle and pedestrian access and egress to and from the site onto public streets, paths and walkways;
(25)
The location of all proposed waterlines, valves and hydrants and of all sewer lines with profiles, indicating connections with existing lines or alternative means of water supply or sewage disposal and treatment;
(26)
Landscaping;
(27)
Location, size and height of any signs;
(28)
The proposed type, design, mounting height, location, direction, power and time of proposed outdoor lighting by means of data, details and an illumination contour plan;
(29)
Proposed screening devices;
(30)
The location, dimensions and design of any off-street parking areas or loading area;
(31)
Scaled building elevation plans at a scale of 1:4 feet for all exterior facades of the proposed structure(s) and/or existing facades, plus additions showing design features and indicating type and color of material to be used;
(32)
Locations of off-site material, equipment and staging areas;
(33)
The approximate construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in surface disturbance; and
(34)
Location of any flood zones if applicable.
G.
Site plan review procedures. The procedure for consideration of a site plan review shall be as follows:
(1)
Sketch plan conference. This step may occur before the application for a zoning permit if it can be reasonably assumed that site plan review would be required, in order to inform the applicant of the site plan review process and to explain the standards for approval before substantial time and effort are invested in the preparation of plans. The Code Enforcement Officer should determine at this stage whether the proposal is a major project or a minor project.
(2)
Submission of application materials. Application for site plan review shall be made to the Code Enforcement Officer. If the project is deemed to be a major project, the application will be forwarded to the Planning Board for site plan review.
H.
Public notice. Upon receipt of a complete application for site plan review, a public notice of the proposed development, the form of which shall be approved by the Code Enforcement Officer, shall be posted at the project site for a minimum of five business days. This notice must remain in place at least until a decision to approve or disapprove the site plan review application is made. The notice shall specify the type and size of the development project, the time and place of the public hearing should the development project be subject to one, and to whom and by when any public comments are to be communicated. The notice must be placed at or near the property line in the front yard so that it will be plainly visible from the street, and in cases where a property has frontage on more than one street, an additional sign must be placed at or near the property line on any additional street frontage so that the sign will be plainly visible from the street on which it has such additional frontage. Neighboring municipality notification: As required by § 239-nn of the General Municipal Law, notice shall be given to an adjacent municipality (town or village) whenever a public hearing is held by the Town Planning Board regarding a special use permit application on property that is within 500 feet of such adjacent municipality. Such notice shall be given by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any such hearing. Such adjacent municipality may appear and be heard.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I.
Referral. The Planning Board may refer any site plan review projects under its consideration for review by and input from the Code Enforcement Officer, the Fire Department, the Department of Public Works and any other Town officials or non-Town consultants deemed appropriate by the Planning Board. These may include, but shall not be limited to, local and county officials and representatives of county, state and federal agencies, including the Upper Delaware Council, Sullivan County Soil and Water District, the State Department of Transportation, and the State Department of Environmental Conservation. Any comments from these reviewers shall be summarized and forwarded to the Board to aid its decision on the proposal. Additional consultation where fees are involved shall require approval by the Town Board, and any such fees shall be borne by the applicant.
J.
Site plan review procedure. Following certification by the Code Enforcement Officer that the application for site plan review is complete, the Planning Board shall schedule consideration of the application at the next scheduled meeting that occurs at least 10 days following such receipt. The Planning Board may establish its procedures and requirements, within the framework provided by this chapter, for conducting site plan review.
K.
Public hearing. Prior to rendering any decision on a site plan review application, the Planning Board shall first hold a public hearing on the proposed development project. This may begin concurrently with any required public hearing for the purpose of environmental review of the same project and may continue after any such environmental review public hearing is closed. Public hearings are not required of minor projects, unless the project is referred to the Planning Board for site plan review. The public hearing shall be advertised in the official newspaper at least five business days before the date of the meeting, and the applicant and adjoining property owners shall be notified by mail at least 10 business days before the date of the meeting.
L.
Decision on site plan review.
(1)
Timing. Within 62 days of the completion of a public hearing on an application for site plan review and upon completion of the required environmental review, the Planning Board shall render one of the following decisions:
(a)
Unconditional approval;
(b)
Conditional approval;
(c)
Recommendation for revisions and resubmission; or
(d)
Denial.
(2)
Form of decision. The decision of the Planning Board shall be conveyed in the form of a written statement to the applicant. A copy of the decision shall be filed with the office of the Town Clerk within five business days of the decision by the Planning Board.
(3)
Imposition of conditions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related and incidental to a proposed site plan. Upon its approval of said site plan review, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.
(4)
Reason for denial. If the site plan review is denied, the Planning Board's statement shall state the reason(s) for such decision.
(5)
Recommendations for revisions, resubmission. The Planning Board's statement may include recommendations of desirable modifications to be incorporated in a revised proposal, and conformance with specified modifications shall be considered a condition of approval. In such a case, the Planning Board may recommend to the applicant to revise and resubmit its proposal after it has been revised or redesigned. The Planning Board may grant to the developer a continuance of the review process and/or adjourn the conclusion of the public hearing. If more than 180 days has elapsed since the time of the Planning Board's decision, the Planning Board shall require a resubmission of the proposal.
(6)
Payment of fees. Upon approval of the final proposal and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval by signature or stamp on a copy of the final site plan and related supporting documents and shall forward it to the Code Enforcement Officer.
(7)
Effect of denial. Upon denial of a site plan, the Planning Board shall so inform the Code Enforcement Officer, and the Code Enforcement Officer shall not issue a zoning or building permit or certificate of occupancy to the applicant.
(8)
Submission to other parties. Copies of the resolution of the decision shall be submitted to the Town Board, the Board of Appeals, and the Code Enforcement Officer within five business days of the date of decision.
(9)
Effect of no decision. If no decision is made within the sixty-two-day period following the conclusion of the public hearing, the proposal shall be considered approved as submitted, unless the applicant has consented to a further continuation of the review process.
M.
Proposed changes to approved site plan. Proposed changes (whether before or after construction) to approved site plans must be submitted to the Code Enforcement Officer for review to determine whether the effect of the proposed changes warrants reconsideration of the project's approval status. The Code Enforcement Officer shall make one of the following findings:
(1)
The proposed changes do not affect the approval status of the site plan review;
(2)
The changes are significant and shall require a reopening of the site plan review; or
(3)
The proposed changes are likely to have such an extensive or significant effect on the project that a new site plan review application is required.
N.
Final, detailed site plan. After receiving approval, with or without conditions, from the Planning Board on a site plan review, the applicant shall submit a final, detailed site plan to the Code Enforcement Officer for verification before a zoning and/or building permit or certificate of occupancy will be issued. If more than 180 days has elapsed since the time of the Planning Board's decision on the site plan review, the Planning Board shall require a resubmission of the site plan for review.
O.
Conformance to approved plan. A final site plan shall conform to the approved proposal. It shall incorporate any conditions or modifications that may have been made by the Planning Board in its review. Compliance shall be clearly indicated by the applicant on the appropriate submission. The following additional information must accompany a final site plan:
(1)
Record of application for and approvals of all necessary permits from federal, state and county officials;
(2)
Any changes or additions in sizing and final material specification of all required improvements; and
(3)
An estimated project construction schedule.
P.
Revocation of approval. A site plan review approval may be revoked by the Planning Board, after a public hearing and upon written notice in person or by mail to the applicant if work has not materially commenced within 24 months of the date the approval was granted.
Q.
Extension of deadlines. All deadlines for decisions on a site plan review application may be extended upon mutual agreement by the Planning Board and the applicant.