Mamakating Town City Zoning Code
ARTICLE IX
Site Development Plan Review
§ 199-45 Site plan review and approval.
A.
Approval required.
(1)
Except for single-family and two-family residences, agricultural operations, and accessory uses appurtenant to the foregoing, approval of a site plan by the Planning Board is required for:
(a)
The development or redevelopment of any property or structure for a new use that proposes a building, structure or disturbed area in excess of 1,500 square feet of cumulative gross floor area or a structure that will be used for two or more stores or offices.
(b)
The development or redevelopment of any property requiring the issuance of a special use permit.
(c)
The expansion or relocation of any existing use resulting in a building, structure or disturbed area in excess of 1,500 square feet of cumulative gross floor area.
(d)
The paving of nonresidential parking areas and associated driveways for purposes of reviewing stormwater facilities and to ensure adequate landscaping and screening.
(e)
The development or redevelopment of any property or structure for a new use, including single-family and two-family residences, in accordance with § 199-42.
(2)
The creation or enlargement of a sludge lagoon or similar waste-holding facility related to any agricultural operation, agribusiness or similar use shall not be exempt from these regulations and shall require site plan approval by the Planning Board.
(3)
Accessory structures or uses which exceed the gross floor area of the principal structure shall not be exempt from these regulations and shall require site plan approval.
(4)
The development of a property with a structure or building that involves 1,500 square feet or less of gross floor area or disturbed area shall be reviewed by the Building Inspector and shall meet the requirements of this chapter. A building permit and certificate of occupancy shall be obtained for said development. For purposes of this section, "disturbed area" shall mean any area which is proposed to be graded, filled, or cleared, other than associated with landscaping activities.
(5)
No lot or parcel of land shall be used except in conformity with an approved site development plan, when required. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the plans approved by the Planning Board. In considering and acting upon site development plans, the Planning Board may prescribe appropriate conditions and safeguards in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
(a)
Traffic access. That all proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(b)
Circulation and parking. That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(c)
Landscaping and screening. That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over eight inches in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible.
(d)
Stormwater management. It shall be the policy of the Town of Mamakating to ensure that any increase in the rate of stormwater runoff is mitigated using Town and New York State Department of Environmental Conservation best management practices. Furthermore, it is also the policy of the Town of Mamakating to ensure that any proposed development shall not have an adverse impact on the quality of the Town's water resources, including its ponds, lakes, streams, wetlands, and similar features, from pesticides, herbicides, road pollutants, and chemicals used in association with light industrial, motor-vehicle-related or other uses. As a condition of any site plan approval, the Planning Board may require that appropriate water quality protection devices be incorporated into the site plan.
(e)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 160 (Stormwater Control) shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 160 (Stormwater Control). The approved site plan shall be consistent with the provisions of Chapter 160 (Stormwater Control).
B.
Effect of site development plan approval.
(1)
No building permit shall be issued for any use or structure covered by this section until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and filed with the Building Inspector.
(2)
No certificate of occupancy will be issued for any structure or use of land covered by this section unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan.
C.
Procedure.
(1)
Presubmission conference. Prior to the submission of a site development plan, the applicant and/or an authorized representative shall meet in person with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements listed in § 199-48 of this article shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter.
(2)
Within six months following the presubmission conference, the site development plan and any related information shall be submitted to the Building Inspector, at least 15 days prior to the Planning Board meeting at which approval is requested. If not submitted within this six-month period, another presubmission conference shall be required. A sufficient number of copies shall be submitted to the Building Inspector and each member of the Planning Board.
(3)
The Building Inspector shall certify on each site development plan or amendment thereto whether or not the plan meets the requirements of all Zoning Ordinance provisions other than those of this section regarding site development plan approval.
(4)
The Building Inspector shall retain one copy and transmit the balance of the certified site development plan to the Secretary of the Planning Board at least seven days prior to the Planning Board meeting at which approval is requested.
D.
County referral. Before taking final action on a site plan, the Planning Board shall refer any application involving real property described in Subdivision 3(b) of § 239-m of the General Municipal Law to the Sullivan County Planning Department for its review.
E.
Public hearing, notice and decision. Depending upon the complexity of a project and any potential controversy or public concern which may arise from the development, or as a basis for gathering additional public information, the Planning Board may require that a public hearing be held on an application prior to site development plan approval. In the event a public hearing is held, said hearing shall by conducted within 62 days from the day a complete application is received by the Planning Board. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before said hearing and shall give public notice of said hearing in the official newspaper of the Town of Mamakating and to all those deemed appropriate by the Planning Board at least five days prior to the date thereof. The Planning Board shall make a decision on the application within 62 days after such hearing, or after the day the application is received by the Planning Board if no hearing has been held. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board.
F.
Filing of decision. The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this chapter.
G.
Signing and filing. Upon submission of a final site development plan with any modifications required by the Planning Board in its final approval, and upon satisfaction of any conditions imposed by such approval, the Chair of the Planning Board shall sign the approved site plan and file it with the Town Clerk. One copy shall also be filed with the Building Inspector, who may thereafter issue a building permit or certificate of occupancy in reliance thereon.
H.
Expiration of approval. Site development plan approval shall expire 18 months from the date of approval, unless an extension is granted by the Planning Board at the request of the applicant prior to the expiration of 18 months.
I.
Field changes. During construction, the Building Inspector may authorize or require, at the Inspector's determination or upon request of the applicant, minor adjustments to the approved site plan when such amendments are necessary due to unforeseen site conditions first discovered during actual construction. Minor adjustments shall be consistent with the spirit and intent of the approved site development plan. Approval of such adjustment with the reasons therefor shall be submitted in writing to the Planning Board and a copy of said reasons filed with the site plan.
J.
Site plan amendments. Amendments to a site development plan shall be acted upon in the same manner as the approval of the original plan.
K.
Conditions of site plan approval. The Planning Board shall have the authority to impose reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. The Planning Board may require that site development plan approval be periodically reviewed. Upon approval of the site development plan, any such conditions must be met in connection with the issuance of permits by the applicable enforcement agents or officers of the Town.
L.
Site maintenance. It shall be the duty of every property owner to maintain property in conformity with the approved site development plan. Failure to do so shall constitute a violation of this chapter.
M.
(Reserved)
N.
Fees. Application for a site plan shall be accompanied by fees to be established by a fee schedule adopted by the Town Board of the Town of Mamakating.
O.
Prior to the start of construction and as a condition to final site plan approval, the applicant shall deposit with the Town Clerk funds to be utilized for reimbursing the Town for the cost of the Town's professional consultant's observations, including engineering inspections. The funds deposited with the Town Clerk shall be 5% of the performance security for all such construction. In the event no performance security is required to be filed with the Town, then the amount shall be 5% of the cost of all such improvements to be inspected, as estimated by the Town Engineer and/or consulting engineer for the Town.
§ 199-46 Reservation of parkland.
A.
Before the Planning Board may approve a site plan containing residential units, such site plan shall also show, when required, a park or parks suitably located for playground or other recreational purposes.
B.
Land for park, playground, or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute.
C.
In the event the Planning Board makes a finding pursuant to § 199-46B but a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board shall require a sum of money in lieu thereof to be established by the Town Board. In making such determination, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether or not there is a need for additional facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including acquisition of property.
§ 199-47 Performance bond or other surety.
As an alternative to the installation of required infrastructure and improvements, prior to approval by the Planning Board, a performance bond or other security sufficient to cover the cost of the same, as estimated by the Planning Board or a Town department or official designated to make such estimate, where such department estimate is deemed acceptable by the Planning Board, shall be furnished to the Town by the owner. Such security shall be provided to the Town pursuant to the provisions contained in § 277, Subdivision 9, of the New York State Town Law.
§ 199-48 Site development plan elements.
A.
The applicant shall have a site development plan map prepared by a civil engineer, surveyor, land planner, or architect. Site development plan elements shall include those listed below, which are appropriate to the proposed development or use, as indicated by the Planning Board in the presubmission conference:
(1)
Legal data.
(a)
Lot, block and section number of the property taken from the latest tax records.
(b)
The name and address of the owner of record.
(c)
The name and address of the person, firm or organization preparing the map.
(d)
The date, North point and written and graphic scale.
(e)
An area map taken from, and at the same scale as, the Town of Mamakating Zoning Map. Existing zoning district boundaries within 500 feet of the property shall be shown on the area map.
(f)
A certified survey in a scale of one inch equals 50 feet or larger or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(g)
The locations, names and existing widths of adjacent streets and curblines.
(h)
The locations and owners of all adjoining lands, as shown on the latest tax records, including section, block and lot number.
(i)
The applicant's entire holdings. The applicant and/or the owner of record shall show his entire contiguous holdings on said map.
(j)
The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
(k)
A complete schedule of existing deed restrictions of record or covenants applying to the property.
(l)
A blank square of 3.5 inches, in the lower right-hand corner, situated above the title block, to be used for the Planning Board Chair's signature.
(2)
Natural features.
(a)
Existing contours with intervals of two feet or less, referred to a datum satisfactory to the Board, in the area of the site which is satisfactory to the Planning Board.
(b)
Approximate boundaries of any areas subject to flooding or stormwater overflows.
(c)
Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more measured three feet above the base of the trunk, and other significant existing features. Freshwater wetlands under the jurisdiction of the Army Corps of Engineers and/or the New York State Department of Environmental Conservation shall be delineated.
(3)
Existing structures and utilities.
(a)
Location of uses and outlines of structures, drawn to scale, on the subject premises and adjacent properties within 100 feet of the subject property's lot lines.
(b)
Paved areas, sidewalks and vehicular access between the site and public streets.
(c)
Locations, dimensions, grades and flow direction of existing sewers, culverts and waterlines, as well as other underground and aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences, landscaping and screening.
(4)
Proposed development.
(a)
The location of proposed buildings or structural improvements.
(b)
All pertinent zoning setback and yard dimension lines.
(c)
Copies of single-line building floor plans and elevations.
(d)
The location and design of all uses not requiring structures, such as off-street parking and loading areas, fencing, benches, recreation facilities, and garbage dumpster locations.
(e)
The computation for the required number of parking spaces in accordance with the regulations contained in Article VII.
(f)
The location, direction, power, design, and time of use for any proposed outdoor lighting or public address systems. Isolux curves may be required.
(g)
The location and plans for any outdoor signs.
(h)
The location and arrangement of proposed means of access and egress, including sidewalks, driveways, or other paved areas, and profiles indicating grading and cross sections showing the width of roadway, location and width of sidewalks and location and size of water and sewer lines.
(i)
An outline of any proposed deed restrictions or covenants.
(j)
Any contemplated public improvements on or adjoining the property.
(k)
If the site development plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(l)
A list of all required federal, state and county permits.
(m)
A bulk table, identifying noncomplying items or those needing a variance.
(n)
Buildings depicted on a site plan shall be located to take advantage of solar access, including orientation of proposed buildings with respect to sun angles and the potential shading by existing and proposed vegetation on and off site, and to not detrimentally impact solar access of adjoining uses and property.
(5)
Proposed grading, drainage and utility plan.
(a)
Existing and proposed contours at a maximum two-foot vertical interval extended 100 feet beyond the property boundaries.
(b)
Location and types, sizes and slopes, where pertinent, of existing and proposed waterlines, water wells, valves and hydrants, storm and sanitary sewer lines, individual sewage disposal systems, electric lines, telephone lines, gas and other utility lines, and utility poles. Typical cover should be indicated over all proposed underground utility lines.
(c)
Existing and proposed stormwater drainage and underdrain systems, including location, size and slopes of all pipes and swales, including invert and top elevations at each manhole, inlet, headwall or other appurtenant drainage structure; base width, side slope, inverts, and lining of each swale (riprap, asphalt, concrete, grass, etc.); and inverts of underdrain systems at bends and outlets. Roof drains and footing drain runoff shall be directed to an existing storm drainage system in the street, if possible, and not directed to adjacent properties. Underground detention of percolation systems may be required.
(6)
Soil erosion and sediment control plan.
(7)
Landscaping plan.
(8)
Stormwater management plan. The Planning Board may require the applicant to submit a stormwater management plan to mitigate the potential effects in the increase of stormwater runoff as well as to mitigate potential water quality impacts. The Planning Board may require an applicant to install appropriate water quality protection devices.
(9)
Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter.
B.
Waivers. The Planning Board may waive any of the site plan element requirements based on a finding that the required information is not necessary in the rendering of a decision on a site development plan application.
§ 199-49 Site plan revisions.
All site plans that are submitted to the Planning Board which have been revised shall have the revision number noted in a triangle along with a brief summary of the elements revised and the dates of the revision.