Malta City Zoning Code
ARTICLE VI
Site Plan Review
§ 167-24 Applicable provisions.
The following provisions are applicable to the proposed erection, relocation or alteration of any commercial building on any tract of land in a C-1 through C-8 District or for the erection or relocation or alteration of any commercial building located in any other district which contains a use permitted because it existed at the time of the enactment of this chapter or permitted because of a variance, special use permit or in the event of a change of use from one permitted commercial use to another permitted commercial use or to a permitted use permitted because of a use variance or otherwise. In the event that there is a need for an interpretation of this chapter or an application needs to be made for a variance or an application needs to be made for a special use permit, all pursuant to Article IX of this chapter, relative to this article, an applicant shall make an application pursuant to § 167-38 of this chapter and a decision shall have been rendered by the appropriate board relative to such application or interpretation prior to any action by the Town Planning Board pursuant to this article. No building permit shall be issued by the Code Enforcement Officer of the Town of Malta for the erection or alteration of any commercial building on any tract of land in a C-1 through C-8 District or for the erection or alteration of any commercial building located in any other district which contains a use permitted because it existed at the time of the enactment of this chapter or permitted because of a variance, special use permit or otherwise, except in compliance with a site plan for such lot or plot duly approved by the Planning Board in accordance with the following procedure:
A.
Review responsibility. The responsibility for site plan review pursuant to the provisions of Town Law § 274-a shall be that of the Planning Board of the Town of Malta; all of the elements of a site plan, including parking, means of access, screening, signs, landscaping, location and size of building, adjacent land uses and physical features meant to protect adjacent land uses, architectural features and other elements specified in this article. In all cases, the site plan submissions shall comply with the requirements of this article, and the decisions to approve, approve with modifications, or disapprove shall be made in accordance with this article.
B.
No building permit shall be issued and no use shall be established or changed without conformance to this article.
C.
Approval required.
(1)
Site plan approval by the Planning Board in accordance with this article is required for the proposed erection, relocation, alteration or change of use of any building used for commercial purposes located in any zone in the Town of Malta. If a variance or special use permit is required for any such proposed erection, relocation, alteration or change of use, such variance or special use permit application shall be made pursuant to Article IX of this chapter, and approval granted prior to applying for the site plan review.
(2)
All changes of tenancy or occupation in a facility located in a district or location in this section, other than in an existing one-family or two-family dwelling or mobile home shall be subject to site plan review and approval unless all of the following conditions are met:
(a)
The proposed tenant falls into the same or lesser class as the existing tenant for calculation of parking requirements and is of the same or lesser intensity of use as the tenant being replaced.
(b)
The new tenant does not require any site amenities of a different quality or nature than that already approved on the site.
(c)
The new tenant does not require any exterior additions, deletions or site changes to the existing facilities on the subject property.
(d)
The existing site received final site plan approval.
(e)
The existing use is a permitted use under the provisions of this chapter.
(f)
The existing site is in compliance with any previous site plan approval issued by the Town of Malta Planning Board.
(g)
If there is solely a change in tenancy, an application must be filed with the Building and Planning Department, together with a fee of $75. The change of tenancy fee of $75 may be waived in the discretion of the Planning and Building Department, but only if an application for a change in tenancy has been filed.
[Added 12-5-2005 by L.L. No. 12-2005; amended 1-2-2007 by Res. No. 3-2007]
D.
Definitions. As used in this article, the term "change of use" shall include:
(1)
Any change from a residential use to a nonresidential use or to a partly residential and partly nonresidential use.
(2)
Any change in an establishment's operations such that it now falls under a different definition, pursuant to this chapter, or, for undefined uses, a different classification, as determined by the Town of Malta Building and Planning Department, shall constitute a change in use.
E.
Application. A site plan of any proposed development of land, prepared by a registered architect, registered landscape architect, licensed land surveyor and/or professional engineer, shall be submitted to the Planning Board for approval. The application shall normally be made in two phases; however, the phases may be combined.
(1)
Concept plan. It is the intention of this phase for the Planning Board to meet with the applicant and review the various requirements of this regulation prior to his presenting a formal site plan for review. Prior to the meeting, the applicant will provide the Planning Board with a site analysis/existing conditions map. The applicant is allowed to meet informally with the Board on one occasion.
(2)
Final plan. The final site plan shall be submitted in a scale of one inch equals 50 feet or a scale less to the inch, including thereon or therewith the following information:
(a)
The use, location and dimensions of proposed buildings and open spaces.
(b)
The proposed layout of streets and other vehicular and pedestrian circulation facilities, including the location and widths of driveways on the site and access to existing roads and highways.
(c)
The amount, location and dimensions of all street parking and loading areas and access thereto.
(d)
The location and arrangement of any landscaping and transitional areas.
(e)
A stormwater management plan.
(f)
Description of the method of water supply and sewage disposal and the location of such facilities. If wells are to be used, give yield tests in gallons per minute. If septic systems are to be used, give the percolation test results.
(g)
The location and arrangement of any landscaping and transitional areas.
(h)
Elevation views of rendering of the proposed architecture.
(i)
A list of all owners of property which is contiguous, abutting, adjacent or is situate across an established road from the actual or proposed boundary lines of the property which is subject to site plan review.
(j)
A completed postal verification form, if applicable.
(k)
The plan shall show all new street names and all new house/building numbers. Any new street names shall be approved by the County Planning Board prior to use. All new numbering shall conform to the U.S. Postal Service standards.
(l)
Any additional information that the Planning Board may request to complete its review.
(m)
A completed project fact sheet.
(n)
Plans and elevations of the proposed building or structure(s) showing the architectural features of all existing and proposed construction and the details of all elements of exterior design, including exterior materials, colors, and texture, roof design (including mechanical equipment which will protrude above the roof), awning and other decorative elements. The plans shall also show the relationship of the proposed structure(s) to neighboring structures as to height, scale, size, design, rhythm, setback, materials, texture, facade treatment, and sign location and treatment. Such information shall be at a scale and of quality to enable the Planning Board to assess the appearance of the proposed structure(s) and their relationship to their surroundings.
(o)
Calculations showing the green space available after the construction is complete.
(p)
Final grading and landscaping plan.
(q)
A completed environmental assessment form.
(r)
Location of all wetlands on the property.
(s)
The Planning Board may request additional items as may be required to complete its review.
(3)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 136, Stormwater Management and Erosion and Sediment Control, §§ 136-1 through 136-5, and Article XA of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XA of this chapter. The approved site plan shall be consistent with the provisions of Chapter 136, Stormwater Management and Erosion and Sediment Control, and Article XA of this chapter.
[Added 11-8-2006 by L.L. No. 15-2006]
F.
Site plan approval.
(1)
The Planning Board shall review such plan and any additional pertinent information submitted by the applicant. If an application was made for an interpretation of this chapter or an application was made for a variance or for a special use permit, the decision of the Zoning Board of Appeals shall be binding upon the Planning Board. Where a variance or special use permit was disapproved by the Zoning Board of Appeals, the Planning Board shall take no action on a site plan review application. If the Zoning Board of Appeals gave its approval with modifications, the Planning Board shall incorporate such modifications into its review of the application. The Planning Board may approve, approve with modifications or disapprove such site plan review application and, in doing so, shall consider the following objectives:
(a)
A harmonious relationship between such uses located in adjacent districts.
(b)
The maximum safety of vehicular access to and egress from the site to the existing respective streets and highways.
(c)
The maximum adequacy of interior circulation in parking and loading facilities with particular attention to vehicular and pedestrian safety.
(d)
The adequacy of transitional landscaping, setbacks in regard to achieving maximum compatibility and protection to adjacent properties and residential districts.
(e)
Consistency with the Town's land use plans, master plans and standards.
(f)
Protection of public health, safety and the environment, including but not limited to the water supply and provision for the disposal of sewage.
(g)
The structure or structures shall be aesthetically compatible with Town standards and with existing and planned uses of adjacent properties and districts.
(2)
The Planning Board may require that changes be made or facilities be added or deleted from such site plans, and the Planning Board may make its approval conditional upon compliance therewith.
(3)
The applicant may be required to post performance bonds in sufficient amounts and duration to assure that all items covered by the site review are completed in accordance with acceptable standards, specifications and procedure acceptable to the Town. Performance bonds shall be submitted to the Town Supervisor's office for approval.
(4)
Except as provided in § 167-24F(5) and (6) below, a site plan approved by the Planning Board shall be void if construction is not completed and a certificate of occupancy issued within three years of the date of the resolution of the Planning Board approving the site plan. Subject to the provisions of § 167-24F(7), any approved site plan which has become void in accordance with this § 167-24F(4) or (5) may, in the discretion of the Planning Board, be renewed for a period of not more than two additional years from the date of the resolution of the Planning Board approving the renewal.
[Amended 2-1-2010 by L.L. No. 2-2010]
(5)
At the time an applicant seeks site plan approval, the applicant may submit a request seeking an approval period greater than the three years provided in § 167-24F(4). In connection with such a request, the applicant shall be required to provide a construction schedule and such other information as the Building and Planning Department of the Town of Malta may reasonably require. Upon a finding by the Planning Board that the scope, magnitude, sequence or other factors affecting the time of completion of a construction project so warrant, an applicant may in the discretion of the Planning Board be granted a period of up to a maximum of five years from the date of the resolution of the Planning Board approving the site plan before it becomes void due to a failure of the applicant to complete construction and obtain a certificate of occupancy.
[Amended 2-1-2010 by L.L. No. 2-2010]
(6)
An applicant may, at any time before the applicant’s previously approved site plan becomes void in accordance with the applicable provision of § 167-24F(4) or (5), submit an application for an extension of the approved site plan. Subject to the provisions of § 167-24F(7), the Planning Board may, in its discretion, extend an approved site plan for a period of two additional years from the date of the resolution of the Planning Board approving the extension. Nothing herein shall preclude an applicant from making more than one application for an extension of a site plan approval; however, each such application shall be reviewed by the Planning Board pursuant to the provisions of § 167-24F(7) to determine whether good cause for such extension has been shown by the applicant.
[Amended 2-1-2010 by L.L. No. 2-2010]
(7)
In reviewing the request of an applicant for a renewal or extension in accordance with § 167-24F(4) or (6), the Planning Board shall determine whether good cause for such renewal or extension has been shown by the applicant, and shall consider, among other things, the following:
[Amended 2-1-2010 by L.L. No. 2-2010]
(a)
Whether there has been any change to the Town’s Comprehensive Plan in that area of Town;
(b)
Whether there has been any change to the Zoning Code in that area of Town;
(c)
Whether a moratorium has been enacted in that area of Town;
(d)
Whether the applicant has used due diligence in proceeding within the previously granted time period for completion;
(e)
Whether there has been a material change in the character of the neighborhood;
(f)
Whether there are any circumstances beyond the reasonable control of the applicant that have impacted on the applicant’s ability to complete the project within the previously granted time period for completion.
§ 167-25 (Reserved) [1]
[1]
Editor's Note: Former § 167-25, Changes, was repealed 2-1-2010 by L.L. No. 2-2010.